KFLCC Kingdom Law 2nd Ed.

DOS

DONATIO PRINCIPIS

392

Donatio principis intelligitur sine prsejudicio tertii. Dav. Ir. K. B. 75. A gift of the prince is understood without prej udice to a third party. DONATION. In ecclesiastical law. A mode of acquiring a benefice by deed of gift alone, without presentation, institution, or induction. 3 Steph. Comm. 81. In general. A gift. See DONATIO. DONATIVE ADVOWSON. In ecclesias tical law. A species of advowson, where the benefice is conferred on the clerk by the patron's deed of donation, without presenta tion, institution, or induction. 2 Bl. Comm. 23; Termes de la Ley. DONATOR. A donor; one who makes a gift, (donatio.) Donator nunquam desinit ' possidere, antequam donatorius incipiat possidere. The donor never ceases to possess, until the donee begins to possess. Bract. foL 416. DONATORIUS. A donee; a person to whom a gift is made; a purchaser. Bract fol. 13, et seq. DONATORY. The person on whom the king bestows his right to any forfeiture that has fallen to the crown. DONE. Distinguished from "made." "A 'deed made' may no doubt mean an 'instru ment made;' but a 'deed done' is not an 'in strument done,'—it is an 'act done;' and therefore these words, 'made and done,' apply to acts, as well as deeds." Lord Brougham, 4 Bell, App. Oas. 38. DONEE. In old English law. He to whom lands were given; the party to whom a donatio was made. In later law. He to whom lands or tene ments are given in tail. Litt § 57. In modern and American law. The party executing a power; otherwise called the "appointer." 4 Kent, Comm. 316. DONIS, STATUTE DE. See DE DONIS, THE STATUTE. In French law. Guarantor of negotiable paper other than by Indorsement DONOR. In old English law. He by whom lands were given to another; the par ty making a donatio. In later law. He who gives lands or ten ements to another in tail. Litt § 57; Termes de la Ley. In modern and American law. The par ty conferring a power. 4 Kent Comm! 316. DONNEUR D'AVAL.

DONUM. Lat In the civil law. A gift; a free gift Calvin. Distinguished from munus. Dig. 50, 16, 194. DOOM. In Scotch law. Judicial sen tence, or judgment The decision or sen tence of a court orally pronounced by an officer called a "dempster" or "deemster." In modern usage, criminal sentences still end with the words "which is pronounced for doom." DOOMSDAY-BOOK. See DOMESDAY BOOK. DOOR. The place of usual entrance in a house, or into a room in the house. State v. McBeth, 49 Kan. 584, 31 Pac. 145. DORMANT. Literally, sleeping; hence inactive; in abeyance; unknown; concealed* —Dormant claim. One which is in abey ance.—Dormant execution. One which a creditor delivers to the sheriff with directions to levy only, and not to sell, until further orders, or until a junior execution is received. -—Dormant judgment. One which has not been satisfied, nor extinguished by lapse of time, but which has remained so long unex ecuted that execution cannot now be issued upon it without first reviving the judgment or one which has lost its hen on land from the failure to issue execution on it or take other steps to enforce it within the time limit ed by statute. 1 Black, Judgm. (2d Ed.) § 462; Draper v. Nixon, 93 Ala. 436, 8 South. 489.—Dormant partner. See PABTNEBS. Dormiunt aliquando leges, nunquam moriuntur. 2 Inst 161. The laws some times sleep, never die. DORSUM. Lat The back. In dorso recordi, on the back of the record. 5 Coke, 446. DORTURE. (Contracted from dormiture.) A dormitory of a convent; a place to sleep in. DOS. In Roman law. Dowry; a wife's marriage portion; all that property which on marriage is transferred by the wife her self or by another to the husband with a view of diminishing the burden which the marriage will entail upon him. It is of three kinds. Profectitia dos is that which is deriv ed from the property of the wife's father or paternal grandfather. That dos is termed adventitia which is not profectitia in respect to its source, whether it is given by the wife from her own estate or by the wife's mother or a third person. It is termed receptitia dos when accompanied by a stipulation for its reclamation by the constitutor on the termi nation of the marriage. See Mackeld. Rom. Law, §§ 561, 563. In old English law. The portion given to the wife by the husband at the church door, in consideration of the marriage; dow er; the wife's portion out of her deceased husband's estate in case he had not endowed her. —Dos rationabilis. A reasonable marriage portion. A reasonable part of her husband's