Blacks Law Dict. 1st ed

DOMUS TUTISSIMUM, ETC.

DONATOR NUHQUAM, ETC.

389

The civil law defines it to be a gift under appre hension of death; as when anything is given upon condition that, if the donor dies, the donee shall possess it absolutely, or return it if the donor should survive or should repent of having made the gift, or if the donee should die before the do nor. 1 Miles, 109-117. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take ef fect only in case of the death of the giver. Civil Code Cal. § 1149. A donation mortis causa (in prospect of death) is an act to take effect when the do nor shall no longer exist, by which he dis poses of the whole or a part of his property, and which is irrevocable. Civil Code La. art. 1469. Donatio non prsesumitur. A gift is not presumed. Jenk. Cent. 109. Donatio perftcitur possessione acci pientis. A gift is perfected [made com plete] by the possession of the receiver. Jenk. Cent. 109, case 9. A gift is incomplete un til possession is delivered. 2 Kent, Comm. 438. Donatio principis intelligitur sine prsejudicio tertii. Dav. Ir. K. B. 75. A gift of the prince is understood without prejudice to a third party. DONATIO PROPTER NUPTIAS. A gift on account of marriage. In Roman law, the bridegroom's gift to the bride in antici pation of marriage and to secure her dos was called "donatio ante nuptias;" but by an ordinance of Justinian such gift might be made after as well as before marriage, and in that case it was called "donatio propter nuptias." Mackeld. Rom. Law, § 572. DONATION. In ecclesiastical law. A mode of acquiring a benefice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81. In general. A gift. See DONATIO. DONATIVE ADVOWSON. In eccle siastical law. A species of advowson, where the benefice is conferred on the clerk by the patron's deed of donation, without presenta tion, institution, or induction. 2 Bl. Comm. 23; Termes de la Ley. DONATOR. A donor; one who makes a gift, (donatio.) Donator nunquam. desinit possidere, antequam donatorius incipiat possidere. The donor never ceases to possess, until the donee begins to possess. Bract, fol. 416

His safest refuge. 5 Coke, 916; 11 Coke, 82; S Inst. 162. The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose. 5 Coke, 916; Say. 227; Broom, Max. 432. A man's dwelling-house is his eastle, not for his own personal protection merely, but also for the protection of his family and his property therein. 4 Hill, 437. Domus tutissimum cuique refugium atque receptaculum sit. A man's house should be his safest refuge and shelter. A maxim of the Roman law. Dig. 2, 4, 18. Dona clandestina sunt semper suspi- •iosa. 3 Coke, 81. Clandestine gifts are al ways suspicious. Donari videtur, quod nullo jure co gente conceditur. Dig. 50,17, 82. A thing Is said to be given when it is yielded other wise than by virtue of right. DONATARIUS. A donee; one to whom something is given. DONATIO. Lat. A gift. A transfer of the title to property to one who receives it without paying for it. Vicat. The act by which the owner of a thing voluntarily trans fers the title and possession of the same from himself to another person, without any con sideration. Its literal translation, "gift," has acquired in real law a more limited meaning, being applied to the conveyance of estates tail. 3 Bl. Comm. 316; Littleton, § 59; West, Symb. § 254; 4 Cruise, Dig. 51. There are several kinds of donatio, as: Do natio simplex et pura, (simple and pure gift without compulsion or consideration;) donatio ah toluta et larga, (an absolute gift;) donatio condi tionalis, (a conditional gift;) donatio strtcta et eoarctura, (a restricted gift, as an estate tail) DONATIO INTER VIVOS. A gift between the living. The ordinary kind of gift by one person to another. 2 Kent, Comm. 438; 2 Steph. Comm. 102. A term derived from the civil law. Inst. 2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who ac cepts it. Civil Code La. art. 1468. DONATIO MORTIS CAUSA. (Lat. A gift in prospect of death.) A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to another the possession of any personal goods, to keep as his own in case of the donor's decease. 2 Bl. Comm. 514.

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