KFLCC Kingdom Law 2nd Ed.

336

DECERN

DEOANIA

DECANIA. The office, jurisdiction, ter ritory, or command of a decanus, or dean. Spelman. DECANUS. In ecclesiastical and old European law. An officer having super vision over ten; a dean. A term applied not only to ecclesiastical, but to civil and mili tary, officers. Decanus monasticus; a mo nastic dean, or dean of a monastery; an offi cer over ten monks. Decanus in majori ecclesice; dean of a cathedral church, pre siding over ten prebendaries. Decanus epis copi; a bishop's or rural dean, presiding over ten clerks or parishes. Decanus friborgi; dean of a friborg. An officer among the Sax ons who presided over a friborg, tithing, decennary, or association of ten inhabitants; otherwise called a "tithing man," or "bors holder." Decanus militarist a military offi cer, having command of ten soldiers. Spel man. In Roman law. An officer having the command of a company or "mess" of ten soldiers. Also an officer at Constantinople having charge of the burial of the dead. The act of behead ing. A mode of capital punishment by cut ting off the head. DECEASE, n. Death; departure from life, not including civil death, (see DEATH.) In re Zeph's Estate, 50 Hun, 523, 3 N. Y. Supp. 460. DECEASE, v. To die; to depart life, or from life. This has always been a common term in Scotch law. "Gif ane man deceas is." Skene. DECEDENT. A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testate or intestate,) hut always with reference to the settlement of his estate or the execution of his will. In re #eph*s Estate, 50 Hun, 523, 3 N. Y. Supp. 460. DECEIT. A fraudulent and cheating mis representation, artifice, or device, used by one or more persons to, deceive and trick an other, who is ignorant of the true facts, to the prejudice and damage of the party im posed upon. People v. Chadwick, 143 Cal. 116, 76 Pac. 884; Reynolds v. Palmer (C. C.) 21 Fed. 433; French v. Vining, 102 Mass. 132, 3 Am. Rep. 440; Swift v. Rounds, 19 R. I. 527, 35 Atl. 45, 33 L. R. A. 561, 61 Am. St. Rep. 791; In re Post, 54 Hun, 634, 7 N. Y. Supp. 438; Civ. Code Mont. 1895, § 2292. A subtle trick or device, whereunto may be referred all manner of craft and collusion used to deceive and defraud another by any means whatsoever, which hath no other or DECAPITATION.

more proper name than deceit to distinguish the offense. [West Symb. § 68;] Jacob. The word "deceit," as well as "fraud," ex cludes the idea of mistake, and imports knowl edge that the artifice or device used to deceive or defraud is untrue. Farwell v. Metcalf, 61 111. 373. In old English law. The name of an original writ, and the action founded on It, which lay to recover damages for any injury committed deceitfully, either in the name of another, (as by bringing an action in anoth er's name, and then suffering a nonsuit, whereby the plaintiff became liable to costs,) or by a fraudulent warranty of goods, or other personal injury committed contrary to good faith and honesty. Reg. Orig. 112-116; Fitzh. Nat. Brev. 95, E, 98. Also the name of a judicial writ which formerly lay to recover lands which had been lost by default by the tenant in a real action, in consequence of his not having been summoned by the sheriff, or by the collusion of his attorney. Rose. Real Act 136; 3 Bt. Comm. 166. —Deceitful plea. A sham plea; one alleging as facts things which are obviously false on the face of the plea. Gray v. Gidiere, 4 Strob. (S. C.) 443. DECEM TALES. (Ten such; or ten tales, jurors.) In practice. The name of a writ which issues in England, where, on a trial at bar, ten jurors are necessary to make up a full panel, commanding the sheriff to summon the requisite number. 3 Bl. Comm. 364; Reg. Jud. 306; 3 Steph. Comm. 602. DECEMVIRI LITIBUS JUDICANDIS. Lat. In the Roman law. Ten persons (five senators and five equites) who acted as the council or assistants of the praetor, when he decided on matters of law. Hallifax, Civil Law, b. 3, c. 8. According to others, they were themselves judges. Calvin. DECENNA. In old English law. A tith ing or decennary; the precinct of a frank pledge; consisting of ten freeholders with their families. Spelman. DECENNARIUS. Lat One who held" one-half a virgate of land. Du Cange. One of the ten freeholders in a decennary. Id.; Oalvin. Decennier. One of the decennaril, or ten freeholders making up a tithing. Spelman. DECENNARY. A tithing, composed of ten neighboring families. 1 Reeve, Eng. Law, 13; 1 Bl. Comm. 114. Deceptis non decipientibus, jura nb> veniunt. The laws help persons who are deceived, not those deceiving. Tray. Lat Max. 149. DECERN. In Scotch law. To decree. "Decernit and ordainit." 1 How. State Tr. 927. "Decerns." Shaw, 10.