KFLCC Kingdom Law 2nd Ed.

384

DIVORTIUM DICITUR

LIVIDEND

Lincolnshire as synonymous with "riding" in Yorkshire. DIVISION OF OPINION. In the prac tice of appellate courts, this term denotes such a disagreement among the judges that there is not a majority in favor of any one view, and hence no decision can be rendered on the case. But it sometimes also denotes a division into two classes, one of which may comprise a majority of the judges; as when we speak of a decision having proceed ed from a "divided court." DIVISIONAL COURTS. Courts in Eng land, consisting of two or (in special cases) more judges of the high court of justice, sitting to transact certain kinds of business which cannot be disposed of by one judge. DIVISUM IMPERIUM. Lat A divided jurisdiction. Applied, e. g., to the jurisdic tion of courts of common law and equity over the same subject 1 Kent Comm. 366; 4 Steph. Comm. 9. DIVORCE. The legal separation of man and wife, effected, for cause, by the judg ment of a court, and either totally dissolving the marriage relation, or suspending its ef fects so far as concerns the cohabitation of the parties. Atherton v. Atherton, 181 U. S. 155, 21 Sup. Ct. 544, 45 L. Ed. 794; Miller v. Miller, 33 Cal. 355; Cast v. Cast, 1 Utah, 112. The dissolution is termed "divorce from the bond of matrimony," or, in the Latin form of the expression, "a vinculo matrimonii;" the suspension, "divorce from bed and board," "a mensa et thoro." The former divorce puts an end to the marriage; the latter leaves it in full force. 2 Bish. Mar. & Div. § 225. The term "divorce" is now applied, in Eng land, both to decrees of nullity and decrees of dissolution of marriage, while in America it is used only in cases of divorce a mensa or a vin culo, a decree of nullity of marriage being granted for the causes for which a divorce a vinculo was formerly obtainable in England. —Divorce a mensa et thoro. A divorce from table and bed, or from bed and board. A partial or qualified divorce, by which the par ties are separated and forbidden to live or co habit together, without affecting the marriage itself. 1 Bl. Comm. 440; 3 Bl. Comm. 94; 2 Steph. Comm. 311; 2 Bish. Mar. & Div. § 225; Miller v. Clark, 23 Ind. 370; Rudolph v. Ru dolph (Super. Buff.) 12 N. Y. Supp. 81; Zule v. Zule, 1 N. J. Eq. 99.—Divorce a vinculo matrimonii. A divorce from the bond of marriage. A total divorce of husband and wife, dissolving the marriage tie, and releasing the parties wholly from their matrimonial obliga tions. 1 Bl. Comm. 440; 2 Steph. Comm. 310, 311; 2 Bish. Mar. & Div. § 225; De Roche v. De Roche, 12 N. D. 17, 94 N. W. 770.—For eign divorce. A divorce obtained out of the state or country where the marriage was solem nized. 2 Kent, Comm. 106, et seq —Limited divorce. A divorce from bed and board: or a judicial separation of husband and wife not dissolving the marriage tie. Divortium dicitur a divertendo, qnia vir divertitnr ab uxore. Co. Litt 235. Divorce is called from divertendo, because a man is diverted from his wife.

lottesville Woolen Mills Co., 93 Va. 673, 25 S. EL 1003; Thomas v. Gregg, 78 Md. 545, 28 Atl. 565. 44 Am. St Rep. 310 —Ex dividend. A phrase used by stock brokers, meaning that a sale of corporate stock does not carry with it the seller's right to receive his proportionate share of a dividend already declared and short ly payable.

DIVIDENDA. In old records. An in denture ; one counterpart of an indenture.

DIVINARE.

La t

To divine; to con

jecture or guess; to foretelL

a

Divtnatio,

conjecturing or guessing.

Divinatio, non interpretatio est, quae omnino recedit a litera. That is guess ing, not interpretation, which altogether de parts from the letter. Bac. Max. 18, (in reg. 3,) citing Xearb. 3 Hen. VI. 20. As distinguished from those of human origin, divine laws are those of which the authorship is ascribed to God, being either positive or revealed laws or the laws of nature. Mayer v. Frobe, 40 W. Va. 246, 22 S. E. 58; Borden v. State, 11 Ark. 527, 44 Am. Dec. 217. DIVINE SERVICE. Divine service was the name of a feudal tenure, by which the tenants were obliged to do some special divine services in certain; as to sing so many masses, to distribute such a sum in alms, and the like. (2 Bl. Coinm. 102; 1 Steph. Comm. 227.) It differed from tenure in fran kalmoign, in this: that, in case of the tenure by divine service, the lord of whom the lands were holden might distrain for its non performance, whereas, in case of frankal moign, the lord has no remedy by distraint for neglect of the service, but merely a right of complaint to the visitor to correct it. Mozley & Whitley. In old English law. A device, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held on the bound ary, J.n order to settle disputes of the ten ants. DIVINE LAWS. DIVISA. Divisibilis est semper divisibilis. thing divisible may be forever divided. A of being divided. —'Divisible contract. One which is in its nature and purposes susceptible of division and apportionment, having two or more parts in re spect to matters and things contemplated and embraced by it, not necessarily dependent on each other nor intended by the parties so to be. Horseman v. Horseman, 43 Or. 83, 72 Pac 698. DIVISIBLE. That which is susceptible

DIVISIM.

In old English law. Sever

ally; separately. Bract fol. 47.

DIVISION. In English law. One of the smaller subdivisions of a county. Used in