KFLCC Kingdom Law 2nd Ed.

DOMINICUM

390

DOMINUS REX NULLUM HABERE

remains under the lord's immediate charge and control. Spelman. Property; domain; anything pertaining to a lord. Cowell. In ecclesiastical law. A church, or any other "building consecrated to God. Du Cange. DOMINICUM ANTIQUUM. In old English law. Ancient demesne. Bract. foL 8696. DOMINIO. Sp. In Spanish law. A term corresponding to and derived from the JLatin dominium, (q. v.) Dominio alto, em inent domain; dominio directo, immediate ownership; dominio utile, beneficial owner ship. Hart v. Burnett, 15 Oal. 556. DOMINION. Ownership, or right to property. 2 Bl. Comm. 1. Title to an ar ticle of property which arises from the pow er of disposition and the right of claiming i t Baker v. Westcott, 73 Tex. 129, 11 S. W. 157. "The holder has the dominion of the bill." 8 East, 579. Sovereignty or lordship; as the dominion of the seas. Moll, de Jure Mar. 91, 92. In the civil law, with reference to the title to property which is transferred by a sale of it, dominion is said to be either "proximate" or "remote," the former being the kind of title vest ing in the purchaser when he has acquired both the ownership and the possession of the article, the latter describing the nature of his title when he has legitimately acquired the owner ship of the property but there has been no de livery. Coles v. Perry, 7 Tex. 109. DOMINIUM. In the civil and old Eng lish law. Ownership; property in the larg est sense, including both the right of prop erty and the right of possession or use. The mere right of property, as distinguish ed from the possession or usufruct. Dig. 41, 2, 17, 1; Calvin. The right which a lord had in the fee of his tenant. In this sense the word Is very clearly distinguished by Bracton from dominicum. The estate of a feoffee to uses. "The fe offees to use shall have the dominium, and the cestui que use the disposition." Latch. 137. Sovereignty or dominion. Dominium mar is, the sovereignty of the sea. —Dominium directum. In the civil law. Strict ownership; that which was founded on strict law, as distinguished from equity. In later law. Property without use; the right of a landlord. Tayl. Civil Law, 478. In feud al law. Right or proper ownership; the right of a superior or lord, as distinguished from that of his vassal or tenant. The title or property which the sovereign in England is considered as possessing in all the lands of the kingdom, they being holden either immediately or med iately of him as lord paramount.— Dominium directum et utile. The complete and abso lute dominion in property; the union of the title and the exclusive use. Fairfax v. Hunter, 7 Oranch, 603, 3 L. Ed. 453.— Dominium em inens. Eminent domain.— Dominium plen um. Full ownership; the union of the domi nium directum with the dominium utile. TayL

Civil Law, 478.— Dominium utile. In the civil law. Equitable or praetorian ownership; that which was founded on, equity. Mackeld. Rom. Law, § 327, note. In later law. Use without property; the right of a tenant. Tayl. Civil Law, 478. In feudal law. Useful or beneficial ownership; the usufruct, or right to the use and profits of the soil, as distinguished from the dominium directum, (q. v ,) or owner ship of the soil itself; the right of a vassal or tenant. 2 Bl. Comm. 105. Dominium non potest esse in pendenti. Lordship cannot be in suspense, i. e., prop erty cannot remain in abeyance. Halk. Law Max. 39. DOMINO VOLENTI!. Lat N The own er being willing; with the consent of the owner. DOMINUS. In feudal and ecclesias tical law. A lord, or feudal superior. Dominus rex, the lord the king; the king's title as lord paramount. 1 Bl. Comm. 367. Dominus capitalis, a chief lord. Dominus medius, a mesne or intermediate lord. Dom inus ligius, liege lord or sovereign. Id. Lord or sir; a title of distinction. It usually denoted a knight or clergyman; and, according to Cowell, was sometimes given to a gentleman of quality, though not a knight, especially if he were lord of a manor. The owner or proprietor of a thing, as distinguished from him who uses it merely. Calvin. A master or principal, as distin guished from an agent or attorney. Story, Ag. § 3. In the civil law. A husband. A fami ly. Vicat Dominus capitalis loco hseredis habe tur, quoties per defectum vel delictum eztinguitur sanguis sui tenentis. Co. Litt, 18. The supreme lord takes the place of the heir, as often as the blood of the ten ant is extinct through deficiency or crime. DOMINUS UTIS. Lat. The master of the suit; i. e., the person who was really and directly interested in the suit as a party, as distinguished from his attorney or advocate. But the term is also applied to one who, though not originally a party, has made him self such, by intervention or otherwise, and has assumed entire control and responsibil ity for one side, and is treated by the court as liable for costs. See In re Stover, 1 Curt. 201, Fed. Cas. No. 13,507. DOMINUS NAVIS. In the civil law. The owner of a vessel. Dig. 39, 4, 11, 2. Dominus non maritabit pupillum nisi semel. Co. Litt 9. A lord cannot give a ward in marriage but once. Dominus rex nullum habere potest parem, multo minus superiorem. The king cannot have an equal, much less a su perior. 1 Reeve, Eng. Law, 115.