KFLCC Kingdom Law 2nd Ed.

332

DEAD BODY

DEATH

to assist the priest in divine service and the distribution of the sacrament. It is the low est order in the Church of England. A corpse. The body of a human being, deprived of life, but not yet en tirely disintegrated. Meads v. Dougherty County, 98 Ga. 697, 25 S. E. 915. When a merchant who has chartered a vessel puts on board a part only of the intended cargo, but yet, hav ing chartered the whole vessel, is bound to pay freight for the unoccupied capacity, the freight thus due is called "dead freight" Gray v. Carr, L. R. 6 Q. B. 528; Phillips •. Rodie, 15 East. 547. Letters which the postal department has not been able to deliver to the persons for whom they were intended. They are sent to the "dead-letter office," where they are opened, and returned to the writer if his address can be ascertained. In English law. That portion of the effects of a deceased per son which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow and chil dren, one-third; where he leaves only a wid ow or only children, one-half; and, where he leaves neither, the whole. This portion the administrator was wont to apply to his own use, till the statue 1 Jac. II. c. 17, declared that the same should be subject to the stat ute of distributions. 2 Bl. Comm. 518; 2 Steph. Comm. 254; 4 Reeve, Eng. Law, 83. A similar portion in Scotch law is called "dead's part," (q. v.) DEAD BODY. DEAD FREIGHT. DEAD LETTERS. DEAD MAN'S PART. DEAD RENT. In English law. A rent payable on a mining lease in addition to a royalty, so called because it is payable al though the mine may not be worked. DEAD USE. A future use. DEADHEAD. This term is applied to persons other than the officers, agents, or em ployes of a railroad company who are per mitted by the company to travel on the road without paying any fare therefor. Gardner T. Hall, 61 N. C. 21. DEADLY FEUD. In old European law. A profession of irreconcilable hatred till a person is revenged even by the death of his enemy. Such weapons or instruments as are made and designed for offensive or defensive purposes, or for the destruction of life or the infliction of injury. Com. v. Branham, 8 Bush (Ky.) 387. A deadly weapon Is one likely to produce DEADLY WEAPON. DEAD-PLEDGE. A mortgage; mortuum vadium.

death or great bodily harm. People •. Fuqua, 58 Cal. 245. A deadly weapon is one which in the man ner used is capable of producing death, or of inflicting great bodily injury, or seriously wounding. McReynolds y. State, 4 Tex. App. 327. The part remaining over beyond the shares se cured to the widow and children by law. Of this the testator had the unqualified disposal. Bell. DEAF AND DUMB. A man that is born deaf, dumb, and blind is looked upon by the law as in the same state with an idiot, he being supposed incapable of any understand ing. 1 Bl. Comm. 304. Nevertheless, a deaf and dumb person may be tried for felony if the prisoner can be made to understand by means of signs. 1 Leach, C. L. 102. In old English law. To discharge from being forest. To free from forest laws. DEAL. To traffic; to transact business; to trade. Makers of an accommodation note are deemed dealers with whoever discounts it. Vernon v. Manhattan Co., 17 Wend. (N. T.) 524. —Dealer. A dealer, in the popular, and there fore in the statutory, sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again. Norris v. Com., 27 Pa. 496; Com. v. Campbell, 33 Pa. 380.—Dealings. Transactions in the course of trade or business. Held to include payments to a bankrupt. Moody & M. 137; 3 Car. & P. 85.—Dealers* talk. The puffing of goods to induce the sale thereof; not regarded in law as fraudulent un less accompanied by some artifice to deceive the purchaser and throw him off his guard or some concealment of intrinsic defects not easily dis coverable. Kimball v. Bangs, 144 Mass. 321, 11 N. E. 113; Reynolds v. Palmer (a C.) 21 Fed. 433. In English ecclesiastical law. An ecclesiastical dignitary who presides over the chapter of a cathedral, and is next in rank to the bishop. So called from having been originally appointed to superintend ten canons or prebendaries. 1 Bl. Comm. 382; Co. Litt. 95; Spelman. There are several kinds of deans, namely: Deans of chapters; deans of peculiars; rural deans ; deans in the colleges; honorary deans; deans of provinces. —Dean and chapter. In ecclesiastical law. The council of a bishop, to assist him with their advice in the religious and also in the temporal affairs of the see. 3 Coke, 75; 1 Bl. Comm. 382; Co. Litt. 103, 300.—Dean of the arches. The presiding judge of the Court of Arches. He is also an assistant judge in the court of admiralty. 1 Kent, Comm. 371; 3 Steph. Comm. 727. The extinction of life; the de parture of the soul from the body; defined by physicians as a total stoppage of the cir culation of the blood, and a cessation of the DEAD'S PART. In Scotch law. DEAFFOREST. DEAN. DEATH.