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and the sums paid on account of each, although it does not state specifically each item of the sum thus expended. State v. Washington County Com'rs, 47 N. E. 565, 568, 56 Ohio St. 631.

DETAIN.

Hold equivalent, see "Hold."

Gen. St. art. 4, c. 29, § 9, providing that whoever shall unlawfully take or detain any woman against her will with intent to have carnal knowledge of her shall be guilty of a felony, should be construed to include the

act of a man who goes into the room of a sleeping girl, removes the bedclothes, and exposes her person and his, without awakening her. Malone v. Commonwealth, 15 S. W. 856, 91 Ky. 307.

fluous, but would apply to one who had been imprisoned for a debt and admitted to the liberties of the prison on bond. Sedgwick v. Knibloe, 16 Conn. 219, 222.

As withholding possession.

In a declaration in detinue, "detain" means that defendant withholds the goods and prevents plaintiff from having possession of them. Clements v. Flight, 16 Mees. & W. 42, 49.

There was a detention where a person and refused to deliver them on demand, for was in possession of slaves, and so continued,

which detinue would lie. Tunstall v. McClel

land, 4 Ky. (1 Bibb) 186.

DETAINER.

See "Forcible Entry and Detainer"; "Unlawful Detainer."

DETAINMENT.

To take the crutch of a crippled girl, or to hold her by the hand, while pleading with her for carnal knowledge, is a "detention," within the meaning of Ky. St. § 1158, creating the offense of detaining a woman against her will with intent to have carnal knowledge tainment of all kings," in a marine policy of her. Paynter v. Commonwealth (Ky.) 55 S. W. 687, 688.

Code, § 179, authorizing the arrest of defendant on execution in an action for wrongful taking, detaining, or converting property, is to be construed as wrongfully taking, detaining, or converting personal property, and does not apply to real property. Merritt v. Carpenter, *41 N. Y. (2 Keyes) 462, 466, 33 How. Prac. 428, 432.

Post-Office Law, § 21 (4 Stat. 107), declaring that if any person employed in the post-office department shall unlawfully detain any letter he shall be punished, etc., means letters which are in transit and have not reached their place of destination. Letters deposited in the post office to be forwarded, or handed to the mail carrier on his route between post offices, come within the provision. United States v. Pearce (U. S.) 27 Fed. Cas. 480, 481.

A party who has purposely taken the property of another, or who, having obtained possession lawfully, refuses to restore it to the owner, does, in contemplation of law and in fact, detain it, even after he has delivered it to another who has no more right to the possession than he has. Drake V. Wakefield (N. Y.) 11 How. Prac. 106, 110.

Imprison distinguished.

The words "arrest, restraint, and de

| insuring against arrest, restraint, and detainment of all kings, covers a loss caused by a vessel being unable to enter her port of destination by reason of a blockade, though she proceeds to other ports without attempting to enter the blockaded port. Schmidt v. United Ins. Co. (N. Y.) 1 Johns. 249, 262, 3 Am. Dec. 319.

The "restraints and detainment of all kings, princes, or people," within the meaning of a clause of a marine policy in reference to the liabilities of the parties in case of restraints and detainment of all kings, princes, or people, mean the operations of the sovereign power by an exercise of the vis major in its sovereign capacity, controlling or devesting for the time the dominion or authority of the owner over a ship, and not proceedings of a mere civil nature to enforce the private rights claimed under the owner for services actually rendered in a preservation of his property. They do not include the mere detention of an officer in admiralty proceedings. Bradlie v. Maryland Ins. Co., 37 U. S. (12 Pet.) 378, 402, 9 L. Ed. 1123.

"Arrest, restraints, and detainments of kings, princes, or peoples," within the meaning of a marine policy on a cargo of slaves against such arrest, restraints, and detainments, includes the issuing of a writ of habeas corpus by a judicial officer of a government within the control of which the vessel is driven by stress of weather, which results in the slaves being taken from the vessel and set at liberty. Simpson v. Charleston Fire & Marine Ins. Co. (S. C.) Dud,

"Detained," as used in Act 1842, declaring that no person shall be arrested, held to bail, detained, or imprisoned on process, mesne or final, founded on any contract, express or implied, is not without meaning, and cannot be expunged from the act as super-239, 242. 3 WDS. & P.-3

DETECTIVE.

property is either simply held as a hostage, as it were, for the payment of ransom, or for

See "Private Detective"; "Public Detec- the purpose and as a means of obtaining tive."

"Detective" is defined by Webster as a person fitted for or skilled in detecting; employed in detecting, as a police detective; a policeman whose business it is to detect rogues by adroitly investigating their haunts and habits. The literal thing understood by the word "detective" in common affairs is a person who is able and has the facilities to detect criminals with a skill not possessed by nonprofessionals. The word "detect," as defined by Webster, is to uncover; to find out; to bring to light; as, to detect a crime, a criminal, or his hiding place. Its synonyms are "to uncover; to find out; lay open; expose." The occupation of detective does not imply, however, that the detective is engaged in a sneaking and prying business, and therefore a charge to such effect is libelous. Byrnes v. Mathews, 12 N. Y. St. Rep. 74, 81.

Authority to make arrests.

"Detective" has no such settled significance attached to it as of necessity imports authority to arrest criminals or persons charged or suspected of committing criminal acts, so that, without proof of authority by the employer of a detective authorizing him to make arrests, the making of such arrest did not come within the scope of authority of a detective, and the master is not liable. Penny v. New York Cent. & H. R. R. Co., 53 N. Y. Supp. 1043, 1045, 34 App. Div. 10.

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In a marine insurance policy providing that in case of capture or detention of the vessel the assured should not have a right to abandon therefor until proof should be exhibited of a condemnation on notice of a continuance of the detention at least 90 days, "detention" means an illegal arrest, seizure, etc., such as the underwriters were answerable for, by the general terms of the policy, but could not be construed to extend or enlarge the risk of the underwriters to cases not provided for or covered by the words in the body of the policy. Archibald v. Mercantile Ins. Co., 20 Mass. (3 Pick.) 70, 74.

The word "detention," as used in a marine policy warranting against any loss on account of capture or detention by any belligerent nation, arises when there is no intention to appropriate, and in fact no appropriation to the detainer's use, but where the

some ulterior object, such as for the suspension of commerce with a port by embargo or blockade, which detains a vessel in that port, or for the exercise of the right of search. Murray v. Receivers of Harmony Fire & Marine Ins. Co. (N. Y.) 58 Barb. 9, 15.

Sup. Ct. Rule 29, requiring, on appeal or in proceedings in error, indemnity in an amount sufficient to secure the sum recovered for the "use and detention" of the property, means sum recovered in the original judgment or decree, such as damages and mesne profits in ejectment, damages in dower and replevin, etc., and does not contemplate security for the use and detention of the property pending the appeal. Omaha Hotel Co. v. Kountze, 2 Sup. Ct. 911, 925, 107 U. S. 378, 27 L. Ed. 609.

DETER.

Under a statute providing that, if a defendant has been guilty of fraud by which plaintiff has been debarred or deterred from his action, the period of limitations shall only run from the time of the discovery of the fraud, by the term "deter" is meant to discourage or stop by fear; to stop from acting or proceeding by danger, difficulty, or other consideration which disheartens or countervails the motive for the act. Printup v. Alexander, 69 Ga. 553, 556.

DETERGENT.

"Detergent" means cleansing, and, as used in a specification in a patent for certain soap, was synonymous with the word "soap," since a "detergent soap" is a cleansing soap, it being of the nature of soap to be detergent or cleansing. Buckan v. McKesson (U. S.) 7 Fed. 100, 103.

DETERMINABLE FEE.

See, also, "Base Fee."

The term "determinable fee" embraces all fees which are liable to be determined by some act or event, expressed in their limitation to circumscribe their continuance, or inferred by law as bounding their extent. Greer v. Wilson, 9 N. E. 284, 287, 108 Ind. 322; McLane v. Bovee, 35 Wis. 27, 36; Vantongeren v. Heffernan, 38 N. W. 52, 73, 5 Dak. 180; Jamaica Pond Aqueduct Corp. v. Chandler, 91 Mass. (9 Allen) 159, 168; Weed v. Woods, 53 Atl. 1024, 1026, 71 N. H. 581 (citing First Universalist Soc. v. Boland, 155 Mass. 171, 29 N. E. 524, 15 L. R. A. 231). Thus, where the commissioner of the General Land Office has authority to cancel a preemption certificate for cause at any time be

fore patent issue, there was a limitation on the fee, and its determinable quality is inferred by law within such definition. Vantongeren v. Heffernan, 38 N. W. 52, 73, 5 Dak. 180.

used for a county site for the courthouse, jail, and clerk's office, but shall revert to the grantor if the county ceases to use it for such purpose. Gillespie v. Broas (N. Y.) 23 Barb. 370, 381.

See "Actual Determination"; "Final Determination"; "Judicial Determina

tion."

If land is given to a man and his heirs "as long as he shall pay 70 shillings annually DETERMINATION. to A.," or "as long as the church of St. Paul's shall stand," his estate is fee simple determinable, in which case he has the whole estate in him, and such perpetuity of the estate which may continue forever, though at the same time there is a contingency which, when it happens, will determine the estate. Plowd. 557. United States Pipe Line Co. v. Delaware, L. & W. R. Co., 41 Atl. 759, 762, 62 N. J. Law, 254, 42 L. R. A. 572.

▲ determinable fee is an estate which may be perpetual, or may be determined by the death of the intestate without surviving lawful issue, and without previous alienation of the land limited over to beneficiaries mentioned. One of the peculiarities of a fee determinable is that it may become a fee simple absolute on the happening of any event which renders impossible the event or combination of events on which such estate is to end. An example given of such determinable fee is where an estate is granted to a man and his heirs until the marriage of B. Friedman v. Steiner, 107 Ill. 125, 131. A qualified, base, or determinable fee is an interest which may continue forever, but

is liable to be determined by some act or event circumscribing its continuance or extent. People v. White (N. Y.) 11 Barb. 26, 28 (citing 1 Rev. St. 722; 4 Kent Comm. 4, note d; Id., 9; 5 T. R. 107).

A determinable fee is such a one as has a qualification subjoined thereto, and it must be determined whenever the qualification annexed to it is at an end. Wiggins Ferry Co. v. Ohio & M. Ry. Co., 94 Ill. 83. Testator's will provided that at the death of testator's wife the estate should go to and be divided amongst testator's children and their descendants. The interest which vested at the death of testator was not a base or determinable fee, subject to be devested as to any devisee by the death of such devisee during the continuance of the life estate, without leaving descendants to take after the death of the widow of the testator. Knight V. Pottgieser, 52 N. E. 934, 936, 176 Ill. 368.

A fee is determinable where its contin

uance is limited in some manner, as where lands are given to a man and his heirs as long as another man shall have heirs of his body. Richardson v. Noyes, 2 Mass. 56, 63,

3 Am. Dec. 24.

The term "determinable fee" includes the interest acquired by a county in real estate conveyed by a deed providing that the conveyance is for the use of the people of the county as long as the premises shall be

The expression "a determination in the trial court" obviously includes a decision of the court upon a trial without a jury, but, according to common parlance and the general understanding, would not include the It would be a peculiar, if not an unpreceverdict of a jury. Code Civ. Proc. § 3343. dented, definition to describe the verdict of a jury as a determination in a trial court. Henavie v. New York Cent. & H. R. R. Co., 48 N. E. 525, 527, 154 N. Y. 278.

In Code 1874, § 1010, providing that the attorney in an action, suit, or proceeding may be changed at any time before judgment or decree or final determination, the words "action," "suit," and "proceeding" are referred to distributively. Each has its peculiar meaning, and the words "judgment," "decree," and "determination" apply equally to each. Thus, judgment is the final result of action, decree of suit, and determination

of proceeding. Shirley v. Birch, 18 Pac. 344, 345, 16 Or. 1.

Rev. St. p. 339, § 77, relating to pleading a judgment or determination, means the judgment or determination of a court or officer of special jurisdiction, and none other. Karns v. Kunkle, 2 Minn. 313, 317 (Gil. 268, 272).

Absence of overpowering passion implied.

The expressions "premeditation," "deliberation," "design," "determination," distinctly formed in the mind, used in the charge of a prosecution for murder, all imply the absence of overpowering passion. State v. Ah Mook, 12 Nev. 369, 381.

Deliberation implied.

The words "a design, a determination, to kill, distinctly formed in the mind" in an "Certainly they mean a great deal more than the simple instruction, imply deliberation. impulse to slay which characterizes manslaughter. The word 'determination' in this in fact, it has no technical sense in which instruction is not used in any technical sense; it means less than it does in its popular signification. Webster defines it to be a 'decision of a question in the mind; firm resolution; settled purpose.' Can it be said that a question can be decided, a wavering resolution made firm, or a hesitating purpose set

tled without deliberation?" State v. Ah Mook, 12 Nev. 369, 390.

DETERMINE.

See "Finally Determine"; "Fully Determined"; "Hear and Determine."

The verb "determine" is thus defined: To fix all boundaries of; to mark off; to separate; to set bounds to; to fix the determination of; to limit; to bound; to bring to an end; to fix the form or character of; to shape; to regulate; to settle; to prescribe imperatively; to ascertain definitely; to bring to a conclusion; to settle by judicial sentence; to decide. McCormick v. State, 42 Neb. 866, 868, 61 N. W. 99.

The word "determined," in a contract for booming logs, providing that defendant's

portion of the net expense of booming and of the 10 per cent. of the net cost is to be deter

mined by the proportion which logs bear to the whole amount of logs handled, means simply ascertained or computed. It does not imply any mutual action or agreement by the parties. Rumford Falls Boom Co. v. Rumford Falls Paper Co., 51 Atl. 810, 812, 96 Me. 96.

Within the statute giving police commissioners power to appoint a chief of police for such time as the board shall determine, "determine" means to fix, settle, or decide what that term shall be. In this relation it becomes a time necessarily prospective and future. The clear intent of the command is that the board shall annex to the appointment a time, term, or period through whose duration the consequent duties, privileges, and emoluments are to remain with the appointee. State v. Police Com'rs, 14 Mo. App. 297, 303.

"Determine," as used in the statute appointing commissioners in eminent domain proceedings to determine the compensation of the landowners, means to perform a judicial act limited to fixing the compensation; and as no human tribunal is able to determine judicially what the future value will be in some future period of time, it depending on contingencies which are known to God alone,

the commissioners are limited to determine what is the present value, and at such point their functions cease, and they are in no manner to be influenced by the future value. New Jersey R. & Transp. Co. v. Suydam, 17 N. J. Law (2 Har.) 25, 47.

As assess and levy.

The word "determine," in Rev. St. 1881, § 3348, requiring that the amount of general taxes shall be determined by incorporated towns before the third Tuesday of May, means to assess and levy the tax. Worley v. Harris, 82 Ind. 493, 497.

Become void distinguished.

The word "determined," as used in Act Jan. 31, 1811 (4 Litt. 218), for the better regulation of the proceedings in caveats, and providing that no grant should issue to the plaintiff in any caveat entered or to be entered so as to include the land, or any part thereof, within the survey against which such caveat is or may be entered, until such caveat shall be dismissed, decided, or determined, is generic in its nature, and comprehends every mode of terminating or bringing a thing to an end, though it clearly imports simply that the thing has been terminated or brought to an end. It is not a convertible phrase with "to become void," but the latter differs from the former only as a species differs from its genus, and must, therefore, be included in it; for to say that a thing has become void is that it has in effect been terminated or brought to an end, but the expression applies only to its end or termination in one specific mode. Sharp v. Curds, 7 Ky. (4 Bibb) 547.

As conferring power to set aside or abolish.

The words "adjudge, determine, and their award," as used by arbitrators in award, do not necessarily carry with them the idea of a judgment according to law, so as to enable one of the parties to have the award set aside for errors of law. Patton v. Garrett, 21 S. E. 679, 682, 116 N. C. 847.

The word "determine," as used in Laws 1898, c. 182, § 177, giving the common council of cities of the second class authority to determine the number of members of the police department, is defined to mean "to fix or settle definitely; make specific or certain; to decide the state or character of" (Cent. Dict.); "to fix the form or character of; to shape; settle; to decide" (Webst. Dict.). "I am of to prescribe imperatively; to regulate; to the opinion that the word 'determine' cannot be given the meaning 'to abolish,' and the Legislature, by giving the power to the common council to determine the number of members of the police department, did not give it the power to abolish station house keepers." People v. Ham, 66 N. Y. Supp. 264, 266, 32 Misc. Rep. 517.

Declaration of determination implied.

An agreement that a certain number of shares shall be voted in a block, and that the way it should be voted should be determined by ballot, means to ascertain the result by balloting on a proposition by those entitled to cast the ballots, and by necessary implication declares that such vote should be cast in accordance with the result of the ballot. Smith v. San Francisco & N. P. Ry. Co., 47 Pac. 582, 587, 115 Cal. 584, 35 L. R. A. 309, 56 Am. St. Rep. 119.

In a statute providing that the board of education shall determine the studies to be pursued, "determine" means something more than investigating and arriving at a conclusion by mental process, though these are embraced. Official action is contemplated and required to give a practical effect to the word, and the injunction to do this is mandatory upon the board; and, in order that those who must obey should know the will of the board, it is necessary that it should be declared in such a way that it may be known. State v. Board of Education, 1 Pac. 844, 847, 18 Nev. 173; State v. Board of Education, 35

Ohio St. 368, 384.

As end.

Laws 1860, c. 260, 8 10, cl. 1, authorizing an appeal from an order which, in effect, "determines the action," held, that such term properly includes an order denying the application for a change of venue properly made, since such application devests the court of any authority to proceed with the case; and, having no authority to proceed, if it refuses to change the venue, the action would be determined unless an appeal is taken therefrom. Western Bank v. Tallman, 15 Wis. 92.

Finality implied.

"Determine," as used in Act July 27, 1866, § 13, providing that the directors of a certain railroad company should from time to time fix, determine, and regulate the fares, tolls, and charges to be received and paid for transportation of persons and property, does not imply that the action designated by the word should be final, and therefore exempt from government supervision. Atlantic & P. R. Co. v. United States (U. S.) 76 Fed. 186, 193.

A submission to a referee authorizing him to hear and determine, without any condition or limitation, any matter of law or matter of fact, should be construed as authorizing the referee to decide all questions of law or of fact arising in the hearing of the cause, and to give a final determination of the controversy. By the submission of the parties to his judgment he is constituted a court of competent jurisdiction to decide finally and in the last resort the rights of the parties, and his award can no more be disturbed than the judgment of any other court of competent jurisdiction in which no appeal is given. Cutler v. Wall, 9 R. I. 264.

The provision in Pen. Code, § 1611, that the board of supervisors shall have power to "determine what is a reasonable compensation" to be allowed the sheriff for providing all persons committed to the jail by competent authority with necessary food, clothing, and bedding, is equivalent to "find what is justly due," and the determination of the board is no more final than would have been the finding by the board of the amount which

was justly due if the account had been presented for any other proper county charge. Fulkerth v. Stanislaus County, 7 Pac. 754, 755, 67 Cal. 334.

In Greater New York Charter, § 86, providing that, if a riparian owner apply to the land commissioners for a grant of the soil under water, the board of docks shall determine whether it will conflict with the public interests, and report their conclusions to the commissioners, "determine" cannot be construed to mean "finally determined," and therefore the right is merely advisory to the commissioners of the land office. The right to determine, as given by the charter, is not to determine whether the grant shall issue, but to determine whether the issue of the

grant will conflict with the rights of the city or be otherwise prejudicial to its interest. People v. Woodruff, 68 N. Y. Supp. 10, 12, 57 App. Div. 273.

As prescribe.

The distinction between the words "determine" and "prescribe" is far from clear. Mr. Webster defines "prescribe" thus: "To set down authoritatively; to order; to direct; to dictate; to appoint;" while he defines "determine" thus: "To fix permanently; to settle; to adjust." To set down authoritatively,

and to fix permanently or to settle, do not ad

mit of a wide distinction. Const. art. 6, § 8, ceive such compensation as may be "preprovides that the Attorney General shall rescribed" by law. Article 4, § 12, provides that the salary of the secretary, treasurer, and auditor of the state shall be "determined" by law. It was held in construing the statutes that the words "determine" and "prescribe" do not admit of a wide distinction, and that the salary of the Attorney General could be reduced during his term of office. "If the framers of our Constitution had intended to provide that the salary of the Attorney General should not be diminished during his term of office, it may be reasonably argued that they would have so provided in that instrument in plain terms; for by the twenty-second section of the same article it is provided, as to the salary of the judges, that the judges shall receive such salary and allowances as may be determined by law, the amount of which shall not be diminished during their term of office. Here they intended that the salary should be fixed beforehand, and not altered; and they do not use the word 'prescribe,' but the word 'determine,' as had been used as to state officers. But while the word 'prescribe' is used as to the salary of the Attorney General, the same word is employed a few lines above in speaking of the compensation and tenure of office of the officers of this commonwealth. The use of the word 'prescribe' cannot be construed to mean settled beforehand in such sense as not to leave in the General Assembly the power to change the compensation

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