Blacks Law Dict. 1st ed

385

DOMESMEN

DOLUS

house of lords in England. Sometimes ex pressed by the letters D. F. DOMAIN. The complete and absolute ownership of land; a paramount and individ ual right of property in land. Also the real estate so owned. The inherent sovereign power claimed by the legislature of a state, of controlling private property for public uses, is termed the "right of eminent do main. " 2 Kent, Comm. 339. The public lands of a state are frequently termed the "public domain," or "domain of the state." 1 Kent, Comm. 166,259; 2 Kent, Comm. 339, note. A distinction has been made between H prop erty" and "domain." The former is said to be that quality which is conceived to be in the thing itself, considered as belonging to such or such person, ex clusively of all others. By the latter is understood that right which the owner has of disposing of the thing. Hence "domain" and "property" are said to be correlative terms. The one is the active right to dispose of; the other a passive quality which follows the thing and places it at the dispo sition of the owner. 3 Toullier, no. 83. DO MB EC, DOMBOC. (Sax. From dom, judgment, and bee, boc, a book.) Dome book or doom-book. A name given among the Saxons to a code of laws. Several of the Saxon kings published dombocs, but the most important one was that attributed to Alfred. Crabb, Com. Law, 7. This is sometimes con founded with the celebrated Domesday-Book. See DOME-BOOK, DOMESDAY. DOME. (Sax.) Doom; sentence; judg ment. An oath. The homager's oath in the black book of Hereford. Blount. DOME-BOOK. A book or code said to have been compiled under the direction of Alfred, for the general use of the whole king dom of England; containing, as is supposed, the principal maxims of the common law, the penalties for misdemeanors, and the forms of judicial proceedings. It is said to have been extant so late as the reign of Ed ward IV., but is now lost. 1 Bl. Comm. 64, 65. DOMESDAY, DOMESDAY - BOOK. (Sax.) An ancient record made in the time of William the Conqueror, and now remain ing in the English exchequer, consisting of two volumes of unequal size, containing mi nute and accurate surveys of the lands in England. 2 Bl. Comm. 49, 50. The work was begun by five justices in each eounty in 1081, and finished in 1086. DOMESMEN. (Sax.) An inferior kina of judges. Men appointed to doom (judge)

Snch acts or omissions as operate as a de ception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (malus animus) or not. Poth. Traits de D£p6t, nn. 23, 27; Story, Bailm. § 20a; 2 Kent, Comm. 506, note. Fraud, willfulness, or intentionality. In that use it is opposed to ',ulp^ which is neg ligence merely, in greater or less degree. The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. A person is always liable for dolus producing damage, but not always for culpa producing dam age, even* though extreme, e. g., a deposita ry is only liable for dolus, and not for negli gence. Brown. Dolus auotoris non noeet successor!. The fraud of a predecessor prejudices not his successor. Dolus oirouitu non purgatur. Fraud is not purged by circuity. Bac Max. 4; Broom, Max. 228. DOLUS DANS LOCUM CONTRACT UI. Fraud (or deceit) giving rise to the contract; that is, a fraudulent misrepresenta tion made by one of the parties to the con tract, and relied upon by the other, and which was actually instrumental in inducing the latter to enter into the contract. Dolus est machinatio, cum aliud dis simulat aliud agit. Lane, 47. Deceit is an artifice, since it pretends one thing and does another. Dolus et fraus nemini patrocinentur, (patrocmari debent.) Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen. VIII. 8; Best, Ev. p. 469, § 428; 1 Sto ry, Eq. Jur. § 895. Dolus latet in generalibus. Fraud lurks in generalities. Tray. Lat. Max. 162. DOLUS MALUS. Fraud; deceit with an evil intention. Distinguished from dolus bonus, justifiable or allowable deceit. Calvin.; Broom, Max. 349; Mackeld.Rom.Law, § 179. Misconduct. Magna negligentia culpa est; magna culpa dolus est, (great negligence is a fault; a great fault is fraud.) 2 Kent, Comm. 560, note. Dolus versatur in generalibus. Fraud deals in generalities. 2 Coke, 34a; 3 Coke, 81a. DOM. PROC. An abbreviation of Do mus Procerum or Domo Procerum; the AM. DICT. LAW—25

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