KFLCC Kingdom Law 2nd Ed.

341

DEED

DEDICATION

293, 2 L. Ed. 444; Sergeant's Lessee v. Bid die, 4 Wheat 508, 4 L. Ed. 627

of the public uses to which the property has been devoted. People v. Marin County, 103 Oal. 223, 37 Pac. 203, 26 L. R. A. 659; Gro gan v. Hayward (C. C.) 4 Fed. 161; Gowan T. Philadelphia Exch. Co., 5 Watts & S. (Pa.) 141, 40 Am. Dec. 489; Alden Coal Co. v. Challis, 200 111. 222, 65 N. E. 665; Barteau v. West, 23 Wis. 416; Wood v. Hurd, 34 N. J. Law, 87. Express or implied. A dedication may be express, as where the intention to dedicate is expressly manifested by a deed or an explicit oral or written declaration of the owner, or some other explicit manifestation of his pur pose to devote the land to the public use. An implied dedication may be shown by some act or course of conduct on the part of the owner from which a reasonable inference of intent may be drawn, or which is inconsistent with any other theory than that he intended a dedi cation. Culmer v. Salt Lake City, 27 Utah, 252, 75 Pac. 620; San Antonio v. Sullivan, 23 Tex. Civ. App. 619, 57 S. W. 42; Kent v. Pratt, 73 Conn. 573, 48 Atl. 418; Hurley v. West St. Paul, 83 Minn. 401, 86 N. W. 427; People v. Marin County, 103 Cal. 223, 37 Pac 203, 26 L. R. A. 659. Common-law or statutory. A common law dedication is one made as above described, and may be either express or implied. A stat utory dedication is one made under and in conformity with the provisions of a statute regu lating the subject, and is of course necessa rily express. San Antonio v. Sullivan, 23 Tex. Civ. App. 619, 57 S. W. 42; People v. Marin County, 103 Cal. 223, 37 Pac. 203, 26 L. R. A. 659. In copyright law. The fiist publication of a work, without having secured a copy right, is a dedication of it to the public; that having been done, any one may republish it. Bartlett v. Crittenden, 5 McLean, 32, Fed. Cas. No. 1,076. The feast of ded ication of churches, or rather the feast day of the saint and patron of a church, which was celebrated not only by the inhabitants of the place, but by those of all the neighboring villages, who usually came thither; and such assemblies were allowed as lawful. It was usual for the people to feast and to drink on those days. Cowell. (Lat. We have given and granted.) Words used by the king, or where there were more gran tors than one, instead of dcdi et concessi. (We have given power.) In English practice. A writ or commission issuing out of chancery, em powering the persons named therein to per i form certain acts, as to administer oaths to defendants in chancery and take their an swers, to administer oaths of office to justices of the peace, etc. 3 BL Comm. 447. It was anciently allowed for many purposes not now In use, as to make an attorney, to take the acknowledgment of a fine, etc. In the United States, a commission to take testimony is sometimes termed a "dedimus potestatem." Buddicum y. Kirk, 3 Cranch, DEDICATION-DAY. DEDIMUS ET CONCESSIMUS. DEDIMUS POTESTATEM.

DEDIMUS

POTESTATEM DE

AT

TORNO FACIENDO. In old English prac tice. A writ, issued by royal authority, em powering an attorney to appear for a defend ant Prior to the statute of Westminster 2, a party could not appear in court by attor ney without this writ

DEDITION.

The act of yielding up any

thing ; surrender.

DEDITITII. In Roman law. Criminals who had been marked in the face or on the body with fire or an iron, so that the mark could not be erased, and subsequently manu mitted. Calvin. By "deduction" is under stood a portion or thing which an heir has a right to take from the mass of the suc cession before any partition takes place. Civil Code La. art 1358. In marine in surance. An allowance or drawback credit ed to the insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured agajnst. This allowance is usually one-third, and is made on the theory that the parts restored with new materials are better, in that proportion than they were before the damage. A sealed instrument containing a contract or covenant, delivered by the party to be bound thereby, and accepted by the party to whom the contract or covenant runs. A writing containing a contract sealed and delivered to the party thereto. 3 Washb. Real Prop. 239. In its legal sense, a "deed" is an instru ment in writing, upon paper or parchment, between parties able to contract, subscrib ed, sealed, and delivered. Insurance Co. v. Avery, 60 Ind. 572; 4 Kent, Comm. 452. In a more restricted sense, a written agree ment signed, sealed, and delivered, by which one person conveys land, tenements, or her editaments to another. This is its ordinary modern meaning. Sanders v. Riedinger, 30 App. Div. 277, 51 N. Y. Supp. 937; Reed v. Hazleton, 37 Kan. 321, 15 Pac. 177; Dudley v. Sumner, 5 Mass. 470; Fisher v. Pender, 52 N. C. 485. The term is also used as synonymous with "fact," "actuality," or "act of parties." Thus a thing "in deed" is one that has been really or expressly done; as opposed to "in law," which: means that it is merely implied or pre sumed to have been done. —Deed in fee. A deed conveying the title to land in fee simple with the usual covenants. Rudd v. Savelli, 44 Ark. 152; Moody v. Rail way Co., 5 Wash. 699, 32 Pac. 751.—Deed in dented, or indenture. In conveyancing. A deed executed or purporting to be executed in DEDUCTION. DEDUCTION FOR NEW. DEED.