KFLCC Kingdom Law 2nd Ed.

317

DAY

DANISM

account, is not necessarily the time when the article charged was, in fact, furnished, but rath er the time given or set down in the account, in connection with such charge. And so the expression "the date of the last work done, or materials furnished," in a mechanic's lien law, may be taken, in the absence of anything in the act indicating a different intention, to mean the time when such work was done or materials furnished, as specified in the plaintiff's written claim. Bement v. Manufacturing Co., 32 N. J. Law, 513. date) when it has been subjected to the for mality of registration; after this formality has been complied with, the parties to the deed cannot by mutual consent change the date thereof. Arg. Fr. Merc. Law, 555. DATIO. In the civil law. A giving, or act of giving. Datio in solutum; a giving in payment; a species of accord and satisfac tion. Called, in modern law, "dation." DATION. In the civil law. A gift; a giving of something. It is not exactly syn onymous with "donation," for the latter im plies generosity or liberality In making a gift, while dation may mean the giving of something to which the recipient is already entitled. —Dation en paiement. In French law. A giving by the debtor and receipt by the creditor of something in payment of a debt, instead of a sum of money. It is somewhat like the accord and satisfaction of lie common law. 16 Toul lier, no. 45; Poth. Vente, no. 601. DATIVE. A word derived from the Ro man law, signifying "appointed by public authority." Thus, in Scotland, an executor dative is an executor appointed by a court of justice, corresponding to an English ad ministrator. Mozley & Whitley. In old English law. In one's gift; that may be given and disposed of at will and pleasure. DATUM. A first principle; a thing given; a date. DATT7R DIGNIORI. It is given to the more worthy. 2 Vent 268. DAUGHTER. An immediate female de scendant People v. Kaiser, 119 Cal. 456, 51 Pac. 702. May include the issue of a daughter. Buchanan v. Lloyd, 88 Md. 462, 41 Atl. 1075; Jamison v. Hay, 46 Mo. 546. May designate a natural or illegitimate fe male child. State v. Laurence, 95 N. C. 659. DAUGHTER-IN-LAW. The wife of one's son. DAUPHIN. In French law. The title of the eldest sons of the kings of France. Disused since 1830. DAY. 1. A period of time consisting of twenty-four hours and including the solar DATE CERTAINE. In French law. A deed is said to have a date certaine (fixed

As the manner of use enters Into the con sideration as well as other circumstances, the question Is for the jury. U. S. v. Reeves, (C. C.) 38 Fed. 404; State v. Hammond, 14 S. D. 545, 86 N. W. 627; State v. Lynch, 88 Me. 195, 33 Atl. 978; State v. Scott, 39 La. Ann. 943, 3 South. 83. DANISM. The act of lending money on usury. DANO. In Spanish law. Damage; the deterioration, injury, or destruction which a man suffers with respect to his person or his property by the fault (culpa) of another. White, New Recop. b. 2, tit. 19, c. 3, { 1. Dans et retinens, nihil dat. One who gives and yet retains does not give effectual ly. Tray. Lat Max. 129. Or, one who gives, yet retains, [possession,] gives nothing. DAPIFER. A steward either of a king or lord. Spelman. DARE. Lat. In the civil law. To trans fer property. When this transfer is made in order to discharge a debt, it is datio sol vend* animo; when in order to receive an equivalent, to create an obligation, it is da tio contrahendi animo; lastly, when made donandi animo, from mere liberality, It Is a gift, dono datio. DARE AD REMANENTIAM. To give away in fee, or forever. DARRAIGN. To clear a legal account; to answer an accusation; to settle a contro versy. The last contin uance.—Darrein presentment. In old Eng lish law. The last presentment. See ASSISE OF DABBEIN PBESENTMENT.—Darrein seisin. Last seisin. A plea which lay in some cases for the tenant in a writ of right. See 1 Rosa Real Act. 206. DATA. In old practice and conveyancing. The date of a deed; the time when it was given; that is, executed. Grounds whereon to proceed; facts from which to draw a conclusion. DATE. The specification or mention, In a written instrument, of the time (day and year) when it was made. Also the time so specified. That part of a deed or writing which ex presses the day of the month and year in which it was made or given. 2 Bl. Comm. 304; Tomlins. The primary signification of date is not time m the abstract, nor time taken absolutely, but time given or specified; time in some way as certained and fixed. When we speak of the date of a deed, we do not mean the time when it was actually executed, but the time of its exe cution, as given or stated in the deed itself. The date of an item, or of a charge in a book DARREIN. L. Fr. Last —Darrein continuance.