KFLCC Kingdom Law 2nd Ed.

349

DELIVERY

DELICTUM

are. His thoughts seem to drift about, wild ering and tossing amidst distracted dreams. And his observations, when he makes any, as often happens, are wild and incoherent; or, from excess of pain, he sinks into a low muttering, or silent and death-like stupor.' The law contemplates this species of mental derangement as an intellectual eclipse; as a darkness occasioned by a cloud of disease passing over the mind; and which must soon terminate in health or in death. Owlng's Case, 1 Bland (Md.) 386, 17 Am. Dec. 311; Supreme Lodge v. Lapp, 74 S. W. 656, 25 Ky. Law Rep. 74; Clark v. Ellis, 9 Or. 132; Brogden v. Brown, 2 Add. 441. —Delirium febrile. In medical jurispru dence. A form of mental aberration incident to fevers, and sometimes to the last stages of chronic diseases. DELIRIUM TREMENS. A disorder of the nervous system, involving the brain and setting up an attack of temporary delusional insanity, sometimes attended with violent ex citement or mania, caused by excessive and long continued indulgence in alcoholic liq uors, or by the abrupt cessation of such use after a protracted debauch. See INSANITY. In Spanish law. Crime; a crime, offense, or delict. White, New. Recop. b. 2, tit 19, c. 1, § 4. dict rendered by a jury. —Second deliverance. In practice. A writ allowed a plaintiff in replevin, where the defend ant has obtained judgment for return of the goods, by default on nonsuit, in order to have the same distress again delivered to him, on giving the same security as before. '3 BL Comm. 150, 3 Steph. Comm. 668. The final and absolute transfer of a deed, properly executed, to the grantee, or to some person for his use, in such manner that it cannot be recalled by the grantor. Black v. Shreve, 13 N. J. Eq. 461; Kirk v. Turner, 16 N. C. 14. In the law of sales. The tradition or transfer of the possession of personal prop erty from one person to another. In medical jurisprudence. The act of a woman giving birth to her offspring. Blake v. Junkins, 35 Me. 433. Absolute and conditional delivery. An absolute delivery of a deed, as distinguished from conditional delivery or delivery in escrow, is one which is complete upon the actual trans fer of the instrument from the possession of the grantor. Dyer v. Skadan, 128 Mich. 348, 87 N. W. 277, 92 Am. St. Rep. 461. A con ditional delivery of a deed is one which passes the deed from the possession of the grantor, but is not to be completed by possession of the grantee, or a third person as his agent, until the happening of a specified event. Dyer v. Skadan, 128 Mich. 348, 87 N. W. 277, 92 Am. St. Rep. 461; Schmidt v. Deegan, 69 Wis. 300, 34 N. W. 83. Actual and constructive. In the law of sales, actual delivery consists in the giving real DELITO. DELIVERANCE. In practice. The ver DELIVERY. In conveyancing.

prudence not legally excusable, causes injury to another. They were four in number, viz.: (1) Qu\ judex litem suam fecit, being the offense of partiality or excess in the judex, (juryman;) e. g., in assessing the damages at a figure in ex cess of the extreme limit permitted by the for mula. (2) Dejectum effusumve altqutd, being the tort committed by one's servant in emptying or throwing something out of an attic or uppen story upon a person passing beneath. (3) Dam num tnfectum, being the offense of hanging dangerous articles over the heads of persons passing along the king's highway. (4) Torts committed by one's agents (e. g., stable-boys, •hop-managers, etc.) in the course of their em ployment. Brown. injury, or oftense. Actions ex delicto are Buch as are founded on a tort, as distinguish ed from actions on contract. Culpability, blameworthiness, or legal de linquency. The word occurs in this sense in the maxim, "In pari delicto melior est con ditio defendentis," (which see.) A challenge of a juror propter delictum is for some crime or misdemeanor that affects his credit and renders him infamous. 3 Bl. Comm. 363; 2 Kent, Comm. 241. DELIMIT. To mark or lay out the lim its or boundary line of a territory or country. DELIMITATION. The act of fixing, marking off, or describing the limits or boundary line of a territory or country. Delinquent per iram provocates pu niri debet mitius. 3 Inst. 55. A delin quent provoked by anger ought to be pun ished more mildly. DELINQUENT, n. In the civil law. He who has been guilty of some crime, offense, or failure of duty. As applied to a debt or claim, it means simply due and unpaid at the time appointed by law or fixed by con tract; as, a delinquent tax. Chauncey v. Wass, 35 Minn. 1, 30 N. W. 826; Gallup v. Schmidt, 154 Ind. 196, 56 N. B. 450. As ap plied to a person, it commonly means that he is grossly negligent or in willful default in regard to his pecuniary obligations, or even that he is dishonest and unworthy of credit Boyce v. Ewart, Race (S. C.) 140; Ferguson v. Pittsburgh, 159 Pa. 435, 28 Atl. 118; Grocers' Ass'n v. Exton, 18 Ohio Cir. Ct R. 321. In medical jurisprudence. Delirium is that state of the mind in which it acts without being directed by the power of volition, which is wholly or partially sus pended. This happens most perfectly in dreams. But what is commonly called "de lirium" is always preceded or attended by a feverish and highly diseased state of the body. The patient in delirium is wholly un conscious of surrounding objects, or conceives them to be different from what they really DELINQUENT, adj. DELIRIUM. DELICTUM. Lat. A delict, tort, wrong,