KFLCC Kingdom Law 2nd Ed.

DEPARTURE

DENOMINATIO FIERI DEBET

354

the fief, and all the rights and Incidents be longing to it. Guyot, Inst. Feud. c. 3. Denominatio fieri debet a dignioribus. Denomination should be made from the more worthy. DENOUNCE. An act or thing is "de nounced" when the law declares it a crime and prescribes a punishment for it. State v. De Hart, 109 La. 570, 33 South. 605. The word is also used (not technically but popu larly) as the equivalent of "accuse" or "in form against" DENOUNCEMENT. In Spanish and Mexican law. A denouncement was a ju dicial proceeding, and, though real property might be acquired by an alien in fraud of the law,—that is, without observing its re quirements,—he nevertheless retained his right and title to it, but was liable to be de prived of it by the proper proceeding of de nouncement, which in its substantive char acteristics was equivalent to the inquest of office found, at common law. De Merle v. Mathews, 26 Oal. 477. The "denouncement of a new work" Is a proceeding to obtain an order of court, in the nature of an injunction, against the construction of a new building or other work, which, if completed, would injuriously affect the plaintiffs property. Von Schmidt v. Huntington, 1 Cal. 55. In Mexican mining law. Denouncement Is an application to the authorities for a grant of the right to work a mine, either on the ground of new discovery, or on ^the ground of forfeiture of the rights of a for mer owner, through abandonment or contra vention of the mining law. Cent. Diet. See Castillero v. U. S., 2 Black, 109, 17 L. Ed. 360. DENSHIRING OF LAND. (Otherwise called "burn-beating.") A method of im proving land by casting parings of earth, turf, and stubble into heaps, which when dried are burned into ashes for a compost. Cowell. DENUNCIA DE OBRA NTTEVA. In Spanish law. The denouncement of a new work; being a proceeding to restrain the erection of some new work, as, for instance, a building which may, if completed, inju riously affect the property of the complain ant; it is of a character similar to the in terdicts of possession. Escriche; Von Schmidt v. Huntington, 1 Cal. 63. DENUMERATION. The act of present payment.

public officer, whose duty it Is to prosecute offenders, that a crime has been committed. In Scotch, practice. The act by which a person is declared to be a rebel, who has disobeyed the charge given on letters of horning. Bell. DENUNTIATIO. In old English law. A public notice or summons. Bract. 2026. Deo dandum, ft thing to be given to God.) In English law. Any personal chattel which was the imme diate occasion of the death of any reason able creature, and which was forfeited to the crown to be applied to pious uses, and distributed in alms by the high almoner. 1 Hale, P. C. 419; Fleta, lib. 1, c. 25; 1 Bl. Oomm. 300; 2 Steph. Comm. 365. DEOR HEDGE. In old English law. The hedge inclosing a deer park. DEPART. In pleading. To forsake or abandon the ground assumed in a former pleading, and assume a new one. See DE PARTURE. In maritime law. To leave a port; to be out of a port. To depart imports more than to sail, or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warranty not only that she shall sail, but that she shall be out of the port on or before that day. 3 Maule & S. 461; 3 Kent, Comm. 307, note. "To de part" does not mean merely to break ground, but fairly to set forward upon the voyage. Moir v. Assur. Co., 6 Taunt. 241; Young v. The Orpheus, 119 Mass. , 185; The Helen Brown (D. C.) 28 Fed. 111. DEPARTMENT. 1. One of the territo rial divisions of a country. The term Is chiefly used in this sense in France, where the division of the country into departments is somewhat analogous, both territorially and for governmental purposes, to the divi sion of an American state into counties. 2. One of the divisions of the executive branch of government. Used in this sense In the United States, where each depart ment is charged with a specific class of du ties, and comprises an organized staff of offi cials ; e. g., the department of state, depart ment of war, etc. A deviation from the course prescribed in the policy of insurance. In pleading. The statement of matter in a replication, rejoinder, or subsequent plead ing, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify It. 2 Williams, Saund. 84a, note 1; 2 Wils. 98; Co. Litt 304a; Railway Co. DEODAND. (L. Lat DEPARTURE. In maritime law.

DENUNCIATION. In the civil law. The act by which an individual informs a