KFLCC Kingdom Law 2nd Ed.

345

DEFENSE

DEFINE

to those of a notary in regard to the execution of wills and conveyances.—Defensor fidei. Defender of the faith. See DEFENDER. DEFENSUM. An inclosure of land; any fenced ground. See DEFENSO. DEFERRED. Delayed; put off; remand ed; postponed to a future time. —Deferred life annuities. In English law. Annuities for the life of the purchaser, but not commencing until a date subsequent to the date of buying them, so that, if the purchaser die before that date, the purchase money is lost. Granted by the commissioners for reduc tion of the national debt. See 16 & 17 Vict. c. 45, § 2. Wharton.—Deferred stock. See STOCK. DEFICIENCY. A lack, shortage, or In sufficiency. The difference between the total amount of the debt or payment meant to be secured by a mortgage and that realized on foreclosure and sale when less than the total. A judgment or decree for the amount of such deficiency is called a "deficiency judgment" or "decree." Goldsmith v. Brown, 35 Barb. (N. Y.) 492. —Deficiency bill. In parliamentary practice, an appropriation bill covering items of ex pense omitted from the general appropriation bill or bills, or for which insufficient appro priations were made. If intended to cover a variety of such items, it is commonly called a "general deficiency bill;" if intended to make provision for expenses which must be met im mediately, or which cannot wait the ordinary course of the general appropriation bills, it is called an "urgent deficiency bill." Deficiente uno sanguine non potest esse hseres. 3 Coke, 41. One blood being want ing, he cannot foe heir. But see 3 & 4 Wm. IV. c. 106, § 9, and 33 & 34 Vict. c. 23, § 1. DEFICIT. Something wanting, generally In the accounts of one intrusted with money, or in the money received by him. Mutual L» & B. Ass'n v. Price, 19 Fla. 135. To debauch, deflower, or cor rupt the chastity of a woman. The term does not necessarily imply force or ravishment, nor does it connote previous immaculateness. State v. Montgomery, 79 Iowa, 737, 45 N. W. 292; State v. Fernald, 88 Iowa, 553, 55 N. W. 534. DEFINE. To explain or state the exact meaning of words and phrases; to settle, make clear, establish boundaries. U. S. v. Smith, 5 Wheat. 160, 5 L. Ed. 57; Walters v. Richardson, 93 Ky. 374, 20 S. W. 279; Miller v. Improvement Co., 99 Va. 747, 40 S. E. 27, 86 Am. St Rep. 924; Gould v. Hutchins, 10 Me. 145. "An examination of our Session Laws will show that acts have frequently been passed, the constitutionality of which has never been questioned, where the powers and duties confer red could not be considered as merely explaining or making more clear those previously con ferred or attempted to be, although the word 'define* was used in the title. In legislation it DEFILE.

Bouv. Inst. no. 4206.—Pretermitted de fense. One which was available to a party and of which he might have had the benefit if he had pleaded it in due season^ but which can not afterwards be heard as a basis for affirm ative relief. Swennes v. Sprain, 120 Wis. 68, 97 N. W. 511.—Sham defense. A false or fictitious defense, interposed in bad faith, and manifestly untrue, insufficient, or irrelevant on its face.—Self-defense. See that title.—De fense an fond en droit. In French and Canadian law. A demurrer.—Defense an fond en fait. In French and Canadian law. The general issue. 3 Low. Can. 421.—Legal defense. (1) A defense which is complete and adequate in point of law. (2) A defense which may be set up in a court of law; as distin guished from an "equitable defense," which is cognizable only in a court of equity or court possessing equitable powers. A lord or earl of the marches, who was the warden and defender of his country. Cowell. DEFENSIVE ALLEGATION. In Eng lish ecclesiastical law. A species of plead ing, where the defendant, Instead of denying the plaintiffs charge upon oath, has any cir cumstances to offer in his defense. This en titles him, in his turn, to the plaintiff's an swer upon oath, upon which he may proceed to proofs as well as his antagonist. 3 Bl. Comm. 100; 3 Steph. Comm. 720. DEFENSIVE WAR. A war in defense of, or for the protection of, national rights. It may be defensive in its principles, though. offensive in Its operations. 1 Kent, Comm. 50, note. DEFENSO. That part of any open field or place that was allotted for corn or hay, and upon which there was no common or feeding, was anciently said to be in defenso; so of any meadow ground that was laid in for hay only. The same term was applied to a wood where part was inclosed or fenced, to secure the growth of the underwood from the injury of cattle. Cowell. DEFENSOR. In the civil law. A de fender; one who assumed the defense of another's case in court. Also an advocate. A tutor or curator. In canon law. The advocate or patron of a church. An officer who had charge of the temporalities of the church. In old English law. A guardian, de fender, or protector. The defendant in an action. A person vouched in to warranty. —Defensor civitatis. Defender or protector of a city or municipality. An officer under the Roman empire, whose duty it was to protect the people against the injustice of the magis trates, the insolence of the subaltern officers, and the rapacity.of the money-lenders. Schm. Civil Law, Introd. 16; Cod. 1, 55, 4, He had the powers of a judge, with jurisdiction of pe cuniary causes to a limited amount, and the lighter species of offenses. Cod. 1, 55, 1; Nov. 15, c. 3, § 2; Id. c. 6, § 1: He had also the care of the public records, and powers similar DEFENSIVA. In old English law.