KFLCC Kingdom Law 2nd Ed.

387

DOMAIN

DOITKIN

DOITKIN, or DOIT. A base coin of small value, prohibited by St. 3 Hen. V. c 1. We still retain the phrase, in the com mon saying, when we would undervalue a man, that he is not worth a doit. Jacob. DOLE. A part or portion of a meadow is so called; and the word has the general signification of share, portion; or the like; as "to dole out" anything among so many poor persons, meaning to deal or distribute in portions to them. Holthouse. In Scotck law. Criminal intent; evil design. Bell, Diet. voc. "Crime." DOLES, or DOOLS. Slips of pasture left between the furrows of plowed land. DOLG. Sax. A wound. Spelman. DOLG-BOTE. A recompense for a scar or wound. Cowell. The unit employed in the United States in calculating money values. It is coined both in gold and silver, and is of the value of one hundred cents. DOLO. In Spanish law. Bad or mis chievous design. White, New Eecop. b. 1, tit L c. 1, § 3. Dolo facit qui petit quod redditurus est. He acts with guile who demands that which he will have to return. Broom, Max. 846. Dolo malo pactum «e son servaturum. Dig. 2, 14, 7, § 9. An agreement induced by fraud cannot stand. Dolosus versatur in generalibns. A person intending to deceive deals in general terms. Wing. Max. 636; 2 Coke, 34a; 6 Clark & F. 699; Broom, Max. 289. Dolum ex indiciis perspicuis probari convenit. Fraud should be proved by clear tokens. Code, 2, 21, 6; 1 Story, Cont § 625. DOLUS. In the civil law. Guile; de ceitfulness; malicious fraud. A fraudulent address or trick used to deceive some one; a fraud. Dig. 4, 3, 1. Any subtle contriv ance by words or acts with a design to cir cumvent. 2 Kent, Comm. 560; Code, 2, 21. Such acts or omissions as operate as a deception upon the other party, or violate the just confidence reposed by him, whether there be a deceitful intent (malus animus) or not Poth. Traits de D$p6t, nn. 23, 27; Story, Bailm. S 20a; 2 Kent, Comm. 506, note. Fraud, willfulness, or Intentionality. In that use it is opposed to culpa, which is DOIJ. Lat See DOLUS. DOLLAR.

negligence merely, in greater or less degree. The policy of the law may sometimes treat extreme culpa as if it were dolus, upon the maxim culpa dolo comparatur. A person is always liable for dolus producing damage, but not always for culpa producing damage, even though extreme, e. g., a depositary is only liable for dolus, and not for negligence. Brown. —Dolus bonus, dolus mains. In a wide sense, the Roman law distinguishes between "good," or rather "permissible" dolus and "bad" or fraudulent dolus. The former is justifiable or allowable deceit; it is that which a man may employ in self-defense against an unlawful attack, or for another permissible purpose, as when one dissembles the truth to prevent a lunatic from injuring himself or others. The latter exists where one intentionally misleads another or takes advantage of another's error wrongfully, by any form of deception, fraud, or cheating. Mackeld. Rom. Law, § 179; Broom, Max. 349; 2 Kent, Comm. 560, note.— Dolns dans locum contractu!. Fraud (or deceit) giving rise to the contract; that is, a fraudu lent misrepresentation made by, one of the par ties to the contract, and relied upon by the other, and which was actually instrumental in inducing the latter to enter into the con tract.— Doli capax. Capable of malice or criminal intention; having sufficient discretion and intelligence to distinguish between right and wrong, and so to become amenable to the criminal laws.- Doli incapax. Incapable of criminal intention or malice; not of the age of discretion; not possessed of sufficient dis cretion and intelligence to distinguish between right and wrong to the extent of being crim inally responsible for his actions. Dolns auetoris non nocet successor!. The fraud of a predecessor prejudices not his successor. Dolus circuitu non purgatur. Fraud is not purged by circuity. Bac. Max. 4; Broom, Max. 228. Dolns est machinatio, cum alind dis simulat alind agit. Lane, 47. Deceit is an artifice, since it pretends one thing and does another. Dolns et fraus nemini patrocinentnr, (patrocinari debent.) Deceit and fraud shall excuse or benefit no man. Yearb. 14 Hen. VIII. 8; Best, Bv. p. 469, § 428; 1 Story, Eq. Jur. § 395. Dolus latet in generalibns. Fraud lurks in generalities. Tray. Lat Max. 162. Dolns versatur in generalibns. Fraud deals in generalities. 2 Coke, 34a; 3 Coke, 81a. DOM. FBOC. An abbreviation of Do mus Proceium or Domo Procerum; the house of lords in England. Sometimes ex pressed by the letters D. P. DOMAIN. The complete and absolute ownership of land; a paramount and in dividual right of property in land. People v. Shearer, 30 Cal. 658. Also the real es-