KFLCC Kingdom Law 2nd Ed.

346

DEGRADATION

DEFINITIO

thus, where a lord has a seignory, and lands escheat to him propter defectum sanguinis, but the seisin is withheld from him, this is a deforcement, and the person who with holds the seisin is called a "deforceor." 3 Bl. Comm. 172. In Scotch law. The opposition or resist ance made to messengers or other public of ficers while they are actually engaged in the exercise of their oflices. Ersk. Inst 4, 4, 32. DEFORCIANT. One who wrongfully keeps the owner of lands and tenements out of the possession of them. 2 Bl. Comm. 350. DEFORCIARE. L. Lat. To withhold lands or tenements from the rightful own er. This is a word of art which cannot be supplied by any other word. Co. Litt 331&. DEFORCIATIO. L. Lat In old Eng lish law. A distress, distraint or seizure of goods for satisfaction of a lawful debt Cowell. DEFOSSION. The punishment of being buried alive. DEFRAUD. To practice fraud; to cheat or trick; to deprive a person of property or any interest, estate, or right by fraud, de ceit, or artifice. People v. Wiman, 148 N. Y. 29, 42 N. E. 408; Alderman v. People, 4 Mich.'424, 69 Am. Dec. 321; U. S. v. Cur ley (C. .C.) 122 Fed. 740; Weber v. Mick, 131 111. 520, 23 N. E. 646; Edgell v. Smith, 50 W. Va. 349, 40 S. EX 402; Curley v. U. S. 130 Fed. 1, 64 C. C. A. 369. In Spanish law. The crime committed by a person who fraud ulently avoids the payment of some public tax. DEFRAUDATION. Privation by fraud. DEFUNCT. Deceased; a deceased per son. A common term in Scotch law. DEFUNCTUS. Lat Dead. "Defunctus sine prole," dead without (leaving) issue. DEGASTER. L. Fr. To waste. DEGRADATION. A deprivation of dig nity; dismission from office. An ecclesias tical censure, whereby a clergyman is divest ed of his holy orders. There are two sorts by the canon law,—one summary, by word only; the other solemn, by stripping the party degraded of those ornaments and rights which are the ensigns of his degree. Degradation is otherwise ' called "deposi tion," but the canonists have distinguished between these two terms, deeming the for mer as the greater punishment of the two. There is likewise a degradation of a lord or DEFRAUDACION.

is frequently used in the creation, enlarging, and extending the powers and duties of boards and officers, in denning certain offenses and pro viding punishment for the same, and thus en larging and extending the scope of the crim inal law. And it is property used in the title where the object of lie act is to determine or fix boundaries, more especially where a dispute has arisen concerning them. It is used between different governments, as to define the extent of a kingdom or country." People v. Bradley, 36 Mich. 452. DEFINITIO. Lat Definition, or, more strictly, limiting or bounding; as in the max im of the civil law: Chrmis definitio pericu losa est, parum est enim ut non subverti pos sit, (Dig. 50, 17, 202;) 1. e., the attempt to bring the law within the boundaries of pre cise definitions is hazardous, as there are but few cases in which such a limitation can not be subverted. DEFINITION. A description of a thing by its properties; an explanation of the 'meaning of a word or term. Webster. The process of stating the exact meaning of a word by means of other words. Worcester. See Warner v. Beers, 23 Wend. (N. Y.) 103; Marvin v. State, 19 Ind. 181; Mickle v. Miles, 1 Grant, Cas. (Pa.) 328. DEFINITIVE, That which finally ana completely ends and settles a controversy. A definitive sentence or judgment is put in opposition to an interlocutory judgment. A distinction may be taken between a final and a definitive judgment. The former term is applicable when the judgment exhausts the powers of the particular court in which it is rendered; while the latter word designates a judgment that is above any review or contin gency of reversal. U. S. v. The Peggy, 1 Cranch, 103, 2 L. Ed. 49. —'Definitive sentence. The final judgment, decree, or sentence of an ecclesiastical court. 3 Bl. Comm. 101. DEFLORATION. Seduction or de bauching. The act by which a woman is de prived of her virginity. DEFORCE. In English law. To with hold wrongfully; to withhold the possession of lands from one who is lawfully entitled to them. 3 Bl. Comm. 172; Phelps v. Bald win, 17 Conn. 212. In Scotch, law. To resist the execution of the law; to oppose by force a public offi cer in the execution of his duty. Bell. DEFORCEMENT. Deforcement is where a man wrongfully holds lands to which another person is entitled. It there fore includes disseisin, abatement, discon tinuance, and intrusion. Co. Litt 2776, 3316; Foxworth v. White, 5 Strob. (S. C.) 115; Woodruff v. Brown, 17 N. J. Law, 269; Hopper v. Hopper, 21 N. J. Law, 543. But it is applied especially to cases, not falling under those heads, where the person entitled to the freehold has never had possession;