KFLCC Kingdom Law 2nd Ed.

DOMIT^E

391

DONATIO PERFICITUR

? lied to the conveyance of estates tail. 2 Bl. lornm. 316; Littleton, § 59; West, Symb. I 254; 4 Cruise, Dig. 51. Classification. By the civil law (adopted into the English and American law) donations are either inter vivos (between living persons) or mortis causa (in anticipation of death.) As to these forms, see infra. A donatio or gift as between living persons is called donatio mera or pura when it is a simple gift without com pulsion or consideration, that is, resting solely on the generosity of the donor, as in the case of most charitable gifts. It is called donatio remuneratoria when given as a reward for past services, but still not under any legal compul sion, as in the case of pensions and land-grants. It is called donatio sub modo (or modalis) when given for the attainment of some special object or on condition that the donee shall do some thing not specially for the benefit of the donor, as in the case of the endowment of hospitals, colleges, etc., coupled with the condition that they shall be established and maintained. Mack eld. Rom. Law, § 466; Fisk v. Flores, 43 Tex. 340; Noe v. Card, 14 Cal. 576. The fol lowing terms are also used: Donatio condition alis, a conditional gift; donatio relata, a gift made with reference to some service already done. (Fisk v. Flores, 43 Tex. 340;) donatio striata et coarctura, a restricted gift, as an es tate tail. —Donatio inofflciosa. An inofficious (undu tiful) gift; a gift of so great a part of the don or's property that the birthright portion of his heirs is diminished. Mackeld. Rom. Law, § 469. — Donatio inter vivos. A gift between the living. The ordinary kind of gift by one per son to another. 2 Kent, Comm. 438; 2 Steph. Comm. 102. A term derived -from the civil law. Inst. 2, 7, 2. A donation inter vivos (between living persons) is an act by which the donee divests himself at present and irrevocably of the thing given in favor of the donee who ac cepts it. Civ. Code La. art 1468.— Donatio mortis causa. A gift made by a person in sickness, who, apprehending his dissolution near, delivers, or causes to be delivered, to an other the possession of any personal goods, to keep as his own in case of the donor's decease. 2 Bl. Comm. 514. The civil law defines it to be a gift under apprehension of death; as when anything is given upon condition that if the donor dies, the donee shall possess it ab solutely, or return it if the donor should sur vive or should repent of having made the gift, or if the donee should die before the donor. Adams v. Nicholas, 1 Miles (Pa.) 109-117. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Oiv. Code Cal. jf 1149. A donation mortis causa (in prospect of death) is an act to take effect when the do nor shall no longer exist, by which he disposes of the whole or a part or his property, and which is irrevocable. Civ. Code La. art. 1469. —Donatio propter nuptias. A gift on account of marriage. In Roman law, the bridegroom's gift to the bride in antipication of marriage and to secure her dos was called "donatio ante nuptias;" but by an ordinance of Justinian such gift might be made after as well as before marriage, and in that case it was called "donatio propter nuptias." Mackeld. Rom. Law, § 572. Donatio non prsesumitur. A gift is not presumed. Jenk. Cent 109. Donatio perficitur possessione acci pientis. A gift is perfected [made complete] by the possession of the receiver. Jenk. Cent 109, case 9. A gift is incomplete until pos session is delivered, 2 Kent Comm, 438.

DOMIT^. Tamej domesticated; not wild. Applied to domestic animals, in which a man may have an absolute proper ty. 2 Bl. Comm. 391. DOMMAGES INTERETS. In French law. Damages. DOMO REPARANDA. A writ that lay for one against his neighbor, by the antici pated fall of whose house he feared a dam age and injury to his own. Reg. Orig. 153. DOMUS. Lat. In the civil and old Eng lish law. A house or dwelling; a habita tion. Inst 4, 4, 8; Townsh. PI. 183-185. Bennet v. Bittle, 4 Rawle (Pa.) 342. — Domus capitularis. In old records. A chapter-house; the chapter-house. Dyer, 266. —Domus conversorum. An ancient house built or appointed by King Henry III. for such Jews as were converted to the Christian faith; but King Edward III., who expelled the Jews from the kingdom, deputed the place for the custody of the rolls and records of the chan cery. Jacob.— Domus Dei. The house of) God; a name applied to many hospitals and religious houses.— Domus mansionalis. A mansion house. 1 Hale, P. C 558; State v. Brooks, 4 Conn. 446; State v. Sutcliffe, 4 Strob. (S. C.) 376.— Domus proderum. The house of lords, abbreviated into Dom. Proc, or D. P. his safest refuge. 5 Coke, 916; 11 Coke, 82; 8 Inst 162. The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose. 5 Coke, 916y Say. 227; Broom, Max. 432. A man's dwelling-house is his castle, not for his own personal protection merely, but also for the protection of his family and his property therein. Curtis v. Hubbard, 4 Hill (N. Y.) 437. Domus tutissimum cuique refugium atque receptaculum sit. A man's house should be his safest refuge and shelter. A maxim of the Roman law. Dig. 2, 4,18. Dona olandestina sunt semper suspi ciosa. 3 Coke, 81. Clandestine gifts are al ways suspicious. Donari videtur, quod nullo jure co gente conceditur. Dig. 50, 17, 82. A thing is said to be given when it is yielded other wise than by virtue of right DONATARIUS. A donee; one to whom something is given. Lat A gift A transfer of the title to property to one who receives it without paying for it Vicat The act by which the owner of a thing voluntarily trans fers the title and possession of the same from himself to another person, without any con sideration. Its literal translation, "gift" has acquired in real law a more limited meaning, being ap- La t Domus sua cuique est tutissimum re fugium. To every man his own house is DONATIO.