KFLCC Kingdom Law 2nd Ed.

DEBET ET SOLET.

833

DEATH

knowledge," aggravated by assault, violent seduction, ravishment. Koenig v. Nott, 2 Hilt. (N. Y.) 323. And see Wood v. Mathews, 47 Iowa, 410; State v. Curran, 51 Iowa, 112, 49 N. W. 1006. DEBENTURE. A certificate given by the collector of a port, under the United States customs laws, to the effect that an importer of merchandise therein named is entitled to a drawback, (g. v.,) specifying the amount and time when payable. See Act Cong. March 2, 1799, § 80. In English law. A security for a loan of money issued by a public company, usually creating a charge on the whole or a part of the company's stock and property, though not necessarily in the form of a mortgage. They are subject to certain regulations as to the mode of transfer, and ordinarily have coupons attached to facilitate the payment of interest. They are generally issued in a series, with provision that they shall rank pari passu in proportion to their amounts. See Bank v. Atkins, 72 Vt 33, 47 Atl. 176. An instrument in use in some government departments, by which government is charged to pay to a creditor or his assigns the sum found due on auditing his accounts. Brande; Blount. DEBENTURE STOCK. A stock or fund representing money borrowed by a company or public body, in England, and charged on the whole or part of its property. Debet esse finis litinm. There ought to be an end of suits; there should he some pe riod put to litigation. Jenk. Cent 61. DEBET ET DETJNET. He owes and de tains. Words anciently used in the original writ, (and now, in English, in the plaintiff's declaration,) in an action of debt, where it was brought by one of the original contract ing parties who personally gave the credit, against the other who personally incurred the debt, or against his heirs, if they were bound to the payment; as by the obligee against the obligor, by the landlord against the tenant etc. The declaration, in such cases, states that the defendant "owes to," as well as "de tains from," the plaintiff the debt or thing in question; and hence the action is said to be "in the debet et detinet." Where the dec laration merely states that the defendant detains the debt, (as in actions by and against an executor for a debt due to or from the testator,) the action is said to be "in the detinet" alone. Fitzh. Nat Brev. 119, G.; 3 Bl. Comm. 155. DEBET ET SOLET. (Lat He owes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseised, as of a suit at a mill or in case of a writ of quod permittat,

animal and vital functions consequent there on, such as respiration, pulsation, etc. In legal contemplation, it is of two kinds: (1) Natural death, i. e., the extinction of life; (2) Civil death, which is that change in a per son's legal and civil condition which deprives him of civic rights and juridical capacities and qualifications, as natural death extin guishes his natural condition. It follows as a consequence of being attainted of treason or felony, in English law, and anciently of enter ing a monastery or abjuring the realm. The person in this condition is said to be civiliter mortuus, civilly dead, or dead in law. Bal timore v. Chester, 53 Vt. 319, 38 Am. Rep. 677; Avery v. Everett, 110 N. Y. 317, 18 N. E. 148, 1 L E . A. 264, 6 Am. St. Rep. 368; In re Donnelly's Estate, 125 Cal. 417, 58 Pac. 61, 73 Am. St. Rep. 62; Troup v. Wood, 4 Johns. Ch. (N. Y.) 248; Coffee v. Haynes, 124 Cal. 561, 57 Pac. 482, 71 Am. St Rep. 99. "Natural" death is also used to denote a death which occurs by the unassisted opera tion of natural causes, as distinguished from a "violent" death, or one caused or accelerat ed by the interference of human agency. Death, -warrant. A warrant from the proper executive authority appointing the time and place for the execution of the sen tence of death upon a convict judicially con demned to suffer that penalty. Death watch. A special guard set to watch a prisoner condemned to death, for some days before the time for the execution, the special purpose being to prevent any escape or any attempt to anticipate the sen tence. DEATH-BED. In Scotch law. A state of sickness which ends in death. Ersk. Inst. 3, 8, 95. — Death-bed deed. In Scotch law. A deed made by a person while laboring under a dis temper of which he afterwards died. Ersk. Inst. 3, 8, 96. A deed is understood to be in death-bed, if, before signing and delivery there of, the grantor was sick, and never convalesced thereafter. 1 Forbes, Inst. pt. 3, b. 2, c. 4, tit. 1, § 1. But it is not necessary that he should be actually confined to his bed at the time of making the deed. Bell. DEATHSMAN. The executioner; hang man; he that executes the extreme penalty of the law. DEBAUCH. To entice, to corrupt, and, when used of a woman, to seduce. Origi nally, the term had a limited signification, meaning to entice or draw one away from his work, employment, or duty; and from this- sense its application has enlarged to in clude the corruption of manners and viola tion of the person. In its modern legal sense, the word carries with it the idea of "carnal DEATH'S PART. See DEAD'S PART; DEAD MAN'S PABT.