Blacks Law Dict. 1st ed

390

DOS

DONATORIUS

DONATORIUS. A donee; a person to whom a gift is made; a purchaser. Bract, fol. 13, et seq. DONATORY. The person on whom the king bestows his right to any forfeiture that has fallen to the crown. DONE. Distinguished from "made." "A • deed made ' may no doubt mean an ' in strument made;' but a * deed done' is not an •instrument done,'—it is an 'act done;' and therefore these words, • made and done,' apply to acts, as well as deeds." Lord Brougham, 4 Bell, App. Cas. 38. DONEE. In old English law. He to whom lands were given; the party to whom a donatio was made. In later law. He to whom lands or ten ements are given in tail. Litt. § 57. In modern and American law. The party executing a power; otherwise called the "appointer." 4 Kent, Comm. 316. DONIS, STATUTE DE. See DE DO NIS, THE STATUTE. DONNEUR D'AVAL. In French law. Guarantor of negotiable paper other than by indorsement. DONOR. In old English law. He by whom lands were given to another; the par ty making a donatio. In later law. He who gives lands or ten ements to another in tail. Litt. § 57; Termes de la Ley. In modern and American law. The party conferring a power. 4 Kent, Comm. 316. DONUM. Lat. In the civil law. A gift; a free gift. Calvin. Distinguished from munus. Dig. 50, 16, 194. DOOM. In Scotch law. Judicial sen tence, or judgment. The decision or sen tence of a court orally pronounced by an offi cer called a "dempster" or "deemster." In modern usage, criminal sentences still end with the words "which is pronounced for doom." DOOMSDAY-BOOK. See DOMESDAY BOOK. DOOR. The place of usual entrance in a house, or into a room in the house. DORMANT. Literally, sleeping; hence inactive; in abeyance; unknown; concealed.

DORMANT CLAIM. One which is In abeyance. DORMANT EXECUTION. Onewhich a creditor delivers to the sheriff with direc tions to levy only, and not to sell, until fur ther orders, or until a junior execution is re ceived. DORMANT JUDGMENT. One which has not been satisfied, nor extinguished by lapse of time, but which has remained so long unexecuted that execution cannot now be issued upon it without first reviving the judgment. DORMANT PARTNERS. Those whose names are not known or do not appear as partners, but who nevertheless are silent partners, and partake of the profits, and thereby become partners, either absolutely to all intents and purposes, or at all events in respect to third parties. Dormant partners, in strictness of language, mean those who are merely passive in the firm, whether known or unknown, in contradistinction to those who are active and conduct the busi ness of the firm, as principals. See Story, Partn. § 80. A dormant partner is one who takes no part in the business, and whose connection with the busi ness is unknown. Both secrecy and inactivity are implied by the word. 47 N. Y. 15. Dormiunt aliquando leges, nunquam moriuntur. 2 Inst. 161. The laws some times sleep, never die. DORSUM. Lat. The back. In dorso recordi, on the back of the record. 5 Coke, 446. DORTURE. (Contracted from dormi ture.) A dormitory of a convent; a place to sleep in. DOS. In Roman law. Dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife herself o» by another to the husband with a view of di minishing the burden which the marriage will entail upon him. It is of three kinds. Profectitia dos is that which is derived from the property of the wife's father or paternal grandfather. That dos is termed adventitia which is not profectitia in respect to its source, whether it is given by the wife from her own estate or by the wife's mother or a third person. It is termed receptitia dos when accompanied by a stipulation for its reclamation by the constitutor on the termi nation of the marriage. See Mackeld. Rom. Law, §§ 561, 563.

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