KFLCC Kingdom Law 2nd Ed.

385

DIXIEME

DOCKET

DIXIEME.

craw, 17 How. 434, 15 L. Ed. 118; Bingham v. Doane, 9 Ohio, 167. "A dock is an artificial basin in connection with a harbor, used for the reception of ves sels in the taking on or discharging of their cargoes, and provided with gates for prevent ing the rise and fall of the waters occasioned by the tides, and keeping a uniform level with in the docks." Perry v. Haines, 191 U. S. 17, 24 Sup. Ct. 8, 48 L. Ed. 73. —Dockage. A charge against vessels for the privilege of mooring to the wharves or in the slips. People v. Roberts, 92 Cal. 659, 28 Pac. 689. A pecuniary compensation for the use of a dock while a vessel is undergoing repairs. Ives v. The Buckeye State, 13 Fed Cas. 184. —Dock-master. An officer invested with powers within the docks, and a certain dis tance therefrom, to direct the mooring and removing of ships, so as to prevent obstruction to the dock entrances. Mozley & Whitley.— Dock warrant. In English law. A warrant given by dock-owners to the owner of mer chandise imported and warehoused on the dock, upon the faith of the bills of lading, as a recognition of his title to the goods. It is a negotiable instrument. Pull. Port of London, p. 375. To abstract and enter in a book. 3 Bl. Comm. 397, 398. To make a brief entry of any proceeding in a court of justice in the docket DOCKET, n. A minute, abstract or brief entry; or the book containing such entries. A small piece of paper or parch ment having the effect of a larger. Blount. In practice. A formal record, entered In brief, of the proceedings in a court of jus tice. A book containing an entry in brief of all the important acts done in court in the con duct of each case, from its inception to its conclusion. Pub. St. Mass. 1882, p. 1290. The name of "docket" or "trial docket" is sometimes given to the list or calendar of causes set to be tried at a specified term, pre pared by the clerks for the use of the court and bar. Kinds of dockets. An appearance docket is one in which the appearances in actions are entered, containing also a brief abstract of the successive steps in each action. A bar docket is an unofficial paper consisting of a transcript of the docket for a term of court, printed for distribution to members of the bar. Gilford v. Cole, 57 Iowa, 272, 10 N. W. 672.. An exe cution docket is a list of the executions sued out or pending in the sheriff's office. A judg ment docket is a list or docket of the judg ments entered in a given court, methodically kept by the clerk or other proper officer, open to public inspection, and intended to afford official notice to interested parties of the ex istence or lien of judgments. —Docket fee. An attorney's fee, of a fixed sum, chargeable with or as a part of the costs of the action, for the attorney of the success ful party; so called because chargeable on the docket, not as a fee for making docket en tries. Bank v. Neill, 13 Mont. 377, 34 Pac. 180; Goodyear v. Sawyer (C. O.) 17 Fed. 2.— Docket, striking a. A phrase formerly used in English bankruptcy practice. It referred to the entry of certain papers at the bankruptcy office, preliminary to the prosecution of the fiat against a trader who had become bankrupt. These papers consisted of the affidavit the bond, DOCKET, v.

Fr. Tenth; the tenth part.

Ord. Mar. liv. 1, tit. 1, art. 9. In old French law. An income tax pay able to the crown. Steph. Lect 359. DO. Lat I give. The ancient and apt est word of feoffment and of gift 2 Bl. Oomm. 310, 316; Co. Litt. 9. DO, DICO, ADDICO. Lat. I give, I say, I adjudge. Three words used in the Roman law, to express the extent of the civil juris diction of the praetor. Do denoted that he gave or granted actions, exceptions, and judi ces; dico, that he pronounced judgment; addico, that he adjudged the controverted property, or the goods of the debtor, etc., to the plaintiff. Mackeld. Rom. Law, § 39. I give, I bequeath; or I give and bequeath. The formal words of making a bequest or legacy, in the Roman law. Titio et Seio hominem Sticfium do, lego, I give and bequeath to Titius and Seius my man Stlchus. Inst. 2, 20, 8, 30, 31. The expression Is literally retained in modern wills. Lat I give that you may give; I give [you] that you may give [me.] A formula in the civil law, constituting a general division under which those contracts (termed "innominate") were classed in which something was given by one party as a con sideration for something given by the other. Dig. 19, 4; Id. 19, 5, 5; 2 Bl. Oomm. 444. Lat I give that you may do; I give [you] that you may do or make [for me.] A formula in the civil law, under which those contracts were classed in which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19, 5, 5; 2 Bl. Comm. 444. In this and the foregoing phrase, the con junction "ut" is not to be taken as the tech nical means of expressing a consideration. In the Roman usage, this word imported a modus, that is, a qualification ; while a consideration (causa) was more aptly expressed by the word "quia." chiefly in cases of alleged infanticide to de termine whether the child was born alive or dead, which consists in immersion of the foetal lungs in water. If they have never been inflated they will sink, but will float If the child has breathed. DOCK, v. To curtail or diminish, as to dock an entail. DOCK, n. The cage or inclosed space in a criminal court where prisoners stand when brought in for trial. The space, in a river or harbor, Inclosed between two wharves. City of Boston v. Le BL.LAW DICT.(2D ED.)—25 DO, LEGO. La t DO UT DES. DO UT FACIAS. DOCIMASIA PULMONUM. In medical jurisprudence. The hydrostatic test used