KFLCC Kingdom Law 2nd Ed.

397

DRIFT-STUFF

DRAW

DRAWER. The person making a bill of exchange and addressing it to the drawee. Stevenson v. Walton, 2 Smedes & M. (Miss.) 265; Winnebago County State Bank v. Hus tel, 119 Iowa, 115, 93 N. W. 70. In patent law. A repre sentation of the appearance of material ob jects by means of lines and marks upon pa per, card-board, or other substance. Ampt v. Cincinnati, 8 Ohio Dec. 628. DRAWXATCHES. Thieves; robbers. Cowell. DRAYAGE. A charge for the transpor tation of property in wheeled vehicles, such as drays, wagons, and carts. Soule v. San Francisco Gaslight Co., 54 Cal. 242. DREIT-DREIT. Droit-droit. Double right. A union of the right of possession and the right of property. 2 Bl. Comm. 199. DRENCHES, or DRENGES. In Saxon law. Tenants in capite. They are said to be such as, at the coming of William the Conqueror, being put out of their estates, were afterwards restored to them, on their making it appear that they were the true owners thereof, and neither in auxilio or consilio against him. Spelman. DRENGAGE. The tenure by which the drenches, or drenges, held their lands. DRIFT. In mining law. An under ground passage driven horizontally along the course of a mineralized vein or approxi mately so. Distinguished from "shaft," which is an opening made at the surface and extending downward into the earth vertically, or nearly so, upon the vein or in tended to reach it; and from "tunnel," which is a lateral or horizontal passage un derground intended to reach the vein or min eral deposit, where drifting may begin. Jur genson v. Duller, 114 Cal. 491, 46 Pac 610, 55 Am. St. Rep. 83. In old English law. A driving, especial ly of cattle. — Driftland, drofland, or dryfland. A Saxon word, signifying a tribute or yearly pay ment made by some tenants to the king, or their landlords, for driving their cattle through a manor to fairs or markets. Cowell.— Drifts of the forest. A view or examination of what cattle are in a forest, chase, etc., that it may be known whether it be surcharged or not; and whose the beasts are, and whether they are com monable. These drifts are made at certain times in the year by the officers of the forest, when all cattle are driven into some pound or place inclosed, for the before-mentioned pur poses, and also to discover whether any cattle of strangers be there, which ought not to com mon. Manwood, p. 2, c. 15.— Driftway. A road or way over which cattle are driven. 1 Taunt. 279. Smith v. Ladd, 41 Me. 314. DRIFT-STUFF, This term signifies, not goods which are the subject of salvage, but DRAWING.

(C. C.) 18 Fed. 114; Railroad Co. v. Daniels, 90 Ga. 608, 17 S. E. 647. 2. A depression in the surface of the earth, in the nature of a shallow ravine or gulch, sometimes many miles in length, forming a channel for the escape of rain and melting snow draining into it from ei ther side. Railroad Co. v. Sutherland, 44 Neb. 526, 62 N. W. 859. DRAW, V. In old criminal practice. To drag (on a hurdle) to the place of exe cution. Anciently no hurdle was allowed, but the criminal was actually dragged along the road to the place of execution. A part of the ancient punishment of traitors was the being thus drawn. 4 Bl. Comm. 92, 377. In mercantile law. To draw a bill of exchange is to write (or cause it to be writ ten) and sign it In pleading, conveyancing, etc. To prepare a draft; to compose and write out in due form, as, a deed, complaint, petition, memorial, etc. Winnebago County State Bank v. Hustel, 119 Iowa, 115, 93 N. W. 70; Hawkins v. State, 28 Fla. 363, 9 South. 652. In practice. To draw a jury is to select the persons who are to compose it, either by taking their names successively, but at haz ard, from the jury box, or by summoning them individually to attend the court. Smith v. State, 136 Ala. 1, 34 South. 168. In fiscal law and administration. To take out money from a bank, treasury, or other depository in the exercise of a lawful right and in a lawful manner. "No money shall be drawn from the treasury but in consequence of appropriations made by law." Const. U. S. art. 1, § 9. But to "draw a war rant" is not to draw the money; it is to make or execute the instrument which au thorizes the drawing of the money. Brown v. Fleischner, 4 Or. 149. DRAWBACK. In the customs laws, this term denotes an allowance made by the gov ernment upon the duties due on imported merchandise when the importer, instead of selling it here, re-exports it; or the refund ing of such duties if already paid. This al lowance amounts, in some cases, to the whole of the original duties; in others, to a part only. A drawback is a device resorted to for en abling a commodity affected by taxes to be ex ported and sold in the foreign market on the same terms as if it had not been taxed at all. It differs in this from a bounty, that the latter enables a commodity to be sold for less than its natural cost, whereas a drawback enables it to be sold exactly at its natural cost. Downs v. U. S., 113 Fed. 144, 51 C. C. A. 100. DRAWEE. A person to whom a bill of exchange is addressed, and who is request ed to pay the amount of money therein mentioned.