KFLCC Kingdom Law 2nd Ed.

339

DECOY

DECREET

without confession, whether they refused to confess or whether they were criminals to whom the sacrament was refused. To inveigle, entice, tempt, or lure; as, to decoy a person within the ju risdiction of a court so that he may be serv ed with process, or, to decoy a fugitive crim inal to a place where he may be arrested without extradition papers, or to decoy one away from his place of residence for the pur pose of kidnapping him and as a part of that act. In all these uses, the word implies en ticement or luring by means of some fraud, trick, or temptation, but excludes the idea of force. Eberling v. State, 136 Ind. 117, 35 N. E. 1023; John v. State, 6 Wyo. 203, 44 Pac. 51; Campbell v. Hudson, 106 Mich. 523, 64 N. W. 483. — Decoy letter. A letter prepared and mail ed for the purpose of detecting a criminal, par ticularly one who is perpetrating frauds upon the postal or revenue laws. U. S. v. Whittier, 5 Dill. 39, Fed. Cas. No. 16,688.— Decoy pond. A pond used for the breeding and maintenance of water-fowl. Keeble v. Hickeringshall, 3 Salk. 10. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and under standing all the points in issue, and deter mining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986; Wooster v. Handy (a C.) 23 Fed. 56; Rowley v. Van Benthuysen, 16 Wend. (N. Y.) 383; Vance v. Rockwell, 3 Colo. 243; Halbert v. Alford (Tex.) 16 S. W. 814. Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made at the hearing of the cause, where as an order is interlocutory, and is made on mo tion or petition. Wherever an order may, in a certain event resulting from the direction con tained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown. In French law. Certain acts of the leg islature or of the sovereign which have the force of law are called "decrees;" as the Ber lin and Milan decrees. In Scotch law. A final judgment or sen tence of court by which the question at issue between the parties is decided. Classification. Decrees in equity are ei ther final or interlocutory. A final decree is one which fully and finally disposes of the whole litigation, determining all questions raised by the case, and leaving nothing that requires further judicial action. Travis v. Waters, 12 Johns. (N. Y.) 508; Mills v. Hoag, 7 Paige (N. Y.) 19, 31 Am. Dec. 271; Core v. Strickler, 24 W. Va. 689; Ex parte Crit tenden, 10 Ark. 339. An interlocutory decree is a provisional or preliminary decree, which is not final and does not determine the suit, DECOY. DECREE. In practice.

but directs some further proceedings pre paratory to the final decree. A decree pro nounced for the purpose of ascertaining mat ter of law or fact preparatory to a final de cree. 1 Barb. Ch. Pr. 326, 327. Teaff v. Hewitt, 1 Ohio St 520, 59 Am. Dec. 634; Wooster v. Handy (C. C.) 23 Fed. 56; Beebe v. Russell, 19 How. 283, 15 L. Ed. 668; Jen kins v. Wild, 14 Wend. (N. Y.) 543. —Consent decree. One entered by consent of the parties; it is not properly a judicial sen tence, but is in the nature of a solemn con tract or agreement of the parties, made under the sanction of the court, and in effect an ad mission by them that the decree is a just de termination of their rights upon the real facts of the case, if such facts had been proved. Allen v. Richardson, 9 Rich. Eq. (S. C.) 53; Kelly v. Milan (a C.) 21 Fed. 842; Schmidt v. Mining Co., 28 Or. 9, 40 Pac/1014, 52 Am. St. Rep. 759.— Decree dative. In Scotch law. An order of a probate court appointing an ad ministrator.— Decree nisi. A provisional de cree, which will be made absolute on motion unless cause be shown against it In English practice, it is the order made by the court for divorce, on satisfactory proof being given in support of a petition for dissolution of mar riage ; it remains imperfect for at least six months, (which period may be shortened by the court down to three,) and then, unless sufficient cause be shown, it is made absolute on motion, and the dissolution takes effect, subject to ap peal. Wharton.— Decree of constitution. In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the. person of the creditor, whether that necessity arises from the death of the debtor or of the creditor. Id.— Decree of forthcoming. In Scotch law. A decree made after an arrest ment (g. v.) ordering the debt to be paid or the effects of the debtor to be delivered to the ar resting creditor. Bell.— Decree of insolven cy. One entered in a probate court, declaring the estate in question to be insolvent, that is, that the assets are not sufficient to pay the debts in full. Bush v. Coleman, 121 Ala. 548, 25 South. 569; Walker v. Newton, 85 Me. 458, 27 Atl. 347.— Decree of locality. In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equivalent to the apportionment of a tithe rent-charge.— Decree of modification. In Scotch law. A decree of the teind court modifying or fixing a stipend.— Decree of nullity. One entered in a suit for the annullment of a marriage, and adjudging the marriage to have been null and void at initio See NULLITY.— Decree of reg istration. In Scotch law. A proceeding giv ing immediate execution to the creditor; simi lar to a warrant of attorney to confess judg ment.— Decree pro confesso. One entered in a court of equity in favor of the complainant where the defendant has made no answer to the bill and its allegations are consequently tak en "as confessed." Ohio Cent. R. Co. v. Central Trust Co, 133 U. S. 83, 10 Sup. Ct. 235, 33 L. Ed. 561. judgment or sentence of a court — Decreet absolvitor. A decree dismissing a claim, or acquitting a defendant. 2 Karnes, Eq. 367.— Decreet arbitral. An award of ar bitrators. 1 Karnes, Eq. 312, 313; 2 Kames Eq. 367.— Decreet cognitionis causa. When a creditor brings his action against the heir of his debtor in order to constitute the debt against him and attach the lands, and the heir appears and renounces the succession, the court then pronounces a decree cogmtiow* causa. Bell.— Decreet condemnator. One where DECREET. In Scotch law. The final