As distinguished from those of human origin, divine laws are those of whicli the authorship is ascribed to God, being either positive or revealed laws or the laws of nature. Mayer v. Frobe, 40 W. Va. 246, 22 S. E. 58; Borden v. State, 11 Ark. 527, 44 Am. Dec. 217
Source: Black’s Law Dictionary 2nd Ed (1910)
A fund to be divided. The share allotted to each of several iarsons en-titled to share in a division of profits or property. Thus, dividend may denote a fund set apart by a corporation out of its profits, to be apportioned among the shareholders, or the proportional amount falling to each. In bankruptcy or insolvency practice, a divi-dend is a proportional paymeut to the cred-ltors out of the lnsolveut estate. State v. Comptroller of State, 54 N. J. Law, 135, 23 Atl. 122; Trustees of University v. North Carolina R. Co., 76 N. C. 103, 22 Am. Rep. 671; De Koven v. Alsop, 205 111. 309, 68 N. E. 930, 63 L. R. A. 587; Hyatt v. Allen, 56 N. Y. 533, 15 Am. Rep. 449; Cary v. Savings Union, 22 wall. 38, 22 L. Ed. 779 ; In re Ft. wayne Electric Corp. (D. C.) 94 Fed. 109; In re Fielding (D. C.) 96 Fed. 800
Source: Black’s Law Dictionary 2nd Ed (1910)
DA. In old records. An .in-denture ; one counterpart of an indenture
Source: Black’s Law Dictionary 2nd Ed (1910)
In the practlce of the English chancery division, “dives costs” are costs on the ordinary scale, as opposed to the costs formerly allowed to a successful pauper su-lng or defending in formd pauperis, and which consisted only of his costs out of pocket. Daniell, Ch. Pr. 43
Source: Black’s Law Dictionary 2nd Ed (1910)
In old English law. A lodging or inn. Townsh. Pl. 38
Source: Black’s Law Dictionary 2nd Ed (1910)
To turn aside; to turn out of the way; to alter the course of things. usually applled to water-courses. Ang. water-Courses, 8 97 et seq. Sometimes to roads. 8 East, 394
Source: Black’s Law Dictionary 2nd Ed (1910)
In criminal pleading. A plea by the prisoner in bar of execution, al-leging that he is not the same who was at-talnted, npon which a jury is immediately Impaneled to try the collateral issue thus raised, viz., the identity of the person, and not whether he is guilty or innocent, for that has been already decided. 4 Bl. Comm. 396
Source: Black’s Law Dictionary 2nd Ed (1910)
Lat. with a dlf-ferent view, purpose, or design; in a dlffer-ent view or point of view; by a different
Source: Black’s Law Dictionary 2nd Ed (1910)
A turning aside or alter-ing the natural course of a thing. The term is chiefly applled to the unauthorized chang-ing the course of a water-course to the prej-udice of a lower proprietor. Merritt v. Park-er, 1 N. J. Law, 460; Parker v. Griswold, 17 Conn. 299, 42 Am. Dec. 739
Source: Black’s Law Dictionary 2nd Ed (1910)
A treatise on courts and their jurisdiction, written in French In the reign of Edward III. as is supposed, and by some attributed to Fitzher-hert It was first printed in 1525, and again in 1534. Crabb, Eng. Law, 330, 483
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law. A technical term in civil law, signifying the matter of charge or ground of indictment against a person accused of crime. Taking up dittay is obtaining informations and presentments of crbne in order to trial. Skene, de Verb. Sign.; Bell
Source: Black’s Law Dictionary 2nd Ed (1910)
Various, several, sundry; a collective term grouping a number of un-specified persons, objects, or acts. Com. v. Butts, 124 Mass. 452; State v. Hodgson, 66 Vt 134, 28 Atl. 1089; Munro v. Alaire, 2 Caines (N. Y.) 326
Source: Black’s Law Dictionary 2nd Ed (1910)
The words “ditch” aud “drain” have no technical or exact meaning. They both may mean a hollow space in the grouud, natural or artificial, where water is ‘collected or passes off. Goldthwait v. East Bridge-water, 5 Gray (Mass.) 64; wetmore v. Flske, 15 R. I. 354, 5 Atl. 375
Source: Black’s Law Dictionary 2nd Ed (1910)
L. Fr. Say over. The form of awarding a respondcas ouster, in the Year Books, M. 6 Edw. III. 49
Source: Black’s Law Dictionary 2nd Ed (1910)
1. Any act causing annoyance, disquiet, agitation, or derangement to another, or interrupting hls pence, or interfering with him in the pursuit of a lawful and appropriate occupation. Richard-son v. State, 5 Tex. App. 472; State v. Stuth, 11 wash. 423, 39 Pac. 665; George v. George, 47 N. H. 33; Varney v. French, 19 N. H. 233
Source: Black’s Law Dictionary 2nd Ed (1910)
If a blshop refuse or neg-lect to examine or admit a patron’s clerk, without reasou assigned or notice given, he is styled a “disturber” by the law, and shall not have any title to present by lapse; for no man shall take advantage of bis own wrong. 2 Bl. Comm. 278
Source: Black’s Law Dictionary 2nd Ed (1910)
In English practice. A writ directed to the sheriff of the county in which a defendant resides, or has any goods or chattels, commanding him to distrain up* on the goods and chattels of the defendant for forty shillings, in order to compel his appearance. 3 Stepb. Comm. 567. This writ issues in cases where it is found impracticable to get at the defendant personally, so as to serve a summons upon him. ld
Source: Black’s Law Dictionary 2nd Ed (1910)
In feudal and old English law. To distrain; to coerce or compel. Spelman; Calvin
Source: Black’s Law Dictionary 2nd Ed (1910)
A terri-tory situated on the Potomac river, and being the seat of government of the United States. It was originally ten miles square, and was composed of portions of Maryland and Virginia ceded by those states to the United States; but in 1846 the tract coming from Virginia was retroceded. Legally it is nel-ther a state nor a territory, but is made sub-Ject, by the constitution, to the exclusive Ju-risdictlon of congress
Source: Black’s Law Dictionary 2nd Ed (1910)
In practice. The ap-portionment and division, under authority of a court, of the remainder of the estate of an Intestate, after payment of the debts and charges, among those who are legally entitled to share in the same. Rogers v. GI1-lett, 56 Iowa, 266, 9 N. W. 204; William Hill Co. v. Lawler, 116 Cal. 359, 48 Pac. 323; In re Creighton, 12 Neb. 280, 11 N. W. 313; Thomson v. Tracy, 60 N. Y. 180
Source: Black’s Law Dictionary 2nd Ed (1910)
Exercising or accom-pllshing distribution; apportioning, dividing, and assigning in separate items or shares
Source: Black’s Law Dictionary 2nd Ed (1910)
The taking a personal chat-tel out of the possession of a wrong-doer Into the custody of the party injured, to procure a satisfaction for a wrong committed; as for non-payment of rent, or injury done by cat-tie. 3 Bl. Comm. 6» 7; Co. Litt. 47; Emig v. Cunningham, 62 Md. 460; Hard v. Nearing, 44 Barb. (N. Y.) 488; owen v. Boyle, 22 Me. 61; Evans v. Lincoln Co., 204 Pa. 448, 54 Atl. 321. The taking of beasts or other personal property by way of pledge, to enforce tbe performance of something dne from the party distrained upon. 8 Bl. Comm. 231. The taking of a defendant’s goods, in order to compel an appearance in court. Id. 280; 3 Steph. Comm. 361, 363. The seizure of personal property to enforce payment of taxes, to be followed by its public sale if the taxes are not voluntarily paid. Mar-shall v. wadsworth, 64 N. H. 386, 10 AU. 685. Also the thing taken by distraining, that which is seized to procure satisfaction. And in old Scotch low, a pledge taken by tbe sheriff from those attending fairs or markets, to secure their good behavior, and returnable to them at the close of the fair or market if they had been guilty of no wrong
Source: Black’s Law Dictionary 2nd Ed (1910)
An heir; a person en-titled to share in the distribution of an es-tate. This term is admissible to denote one of the persons who are entitled, under the statute of distributions, to the personal es-tate of one who is dead Intestate. Henry v. Henry, 31 N. C. 278; Kitchen v. Southern Ry., 68 S. C. 554, 48 S. E. 4
Source: Black’s Law Dictionary 2nd Ed (1910)