made that it may be drawn up or aside to enable the unobstructed passage of water craft. Hughes v. Northern Pac. R. Co. (U. S.) 18 Fed. 106, 114. As depression in land. The word "draw," as used in the Northwestern states, implies a depression which may run for many miles in length, in which there is not necessarily a running stream, but the waters from melting snows and rains which fall on the area on either side of the draw drain into it, and thence make their way, through other channels, to the broad rivers of the West. Lincoln & B. H. R. Co. v. Sutherland, 44 Neb. 526, 62 N. W. 859. As write in due form. One of the definitions of the word "draw" is to write in due form; to prepare a draft of, as to draw a memorial, a deed, or a bill of exchange. Hawkins v. State, 9 South. 652, 28 Fla. 363. As applied to warrants. Drawing a warrant is incident to the auditing of claims. The manner in which the state auditor gives or records his decision is by indorsing the decision on the claim, and if it is favorable he does what is denominated as "drawing a warrant." But drawing a warrant is not a part of the auditing, except as it is made so by statute. Drawing a warrant is not drawing money out of the treasury, nor does it entitle the holder to receive money out of the treasury unless all the requisites of the law concur with the act. Drawing a warrant is a part of the formal and convenient mode provided by statute for recording the auditor's decision, but the decision would be as effectual if the Legislature had provided some other mode of entering the decision. Brown v. Fleischner, 4 Oг. 132, 149. DRAW LOTS. The phrase "to draw lots" is said by Webster to mean: "To determine an event by drawing one thing from a number whose marks are concealed from the drawer." Wilkinson v. Gill, 74 N. Y. 63, 65, 30 Am. Rep. 264; People v. Noelke, 1 N. Y. Cr. R. 252, 256. DRAWBACK. One of the definitions of "drawback" is that it is a device resorted to for enabling a commodity affected by taxes to be exported and sold in the foreign market on the same terms as if it had not been taxed at all. Downs v. United States, 113 Fed. 144. 148, 51 C. C. A. 100. DRAWBRIDGE. Whether a structure is or is not a bridge may sometimes be a question of fact, and where a statute requires trains to slow down to a certain speed before running on or crossing any "drawbridge" the restriction as to speed applies to the entire bridge, and the term "drawbridge" should be construed to mean the bridge proper; that is to say, that part of the structure which is directly over the river, and not including the tressels or approaches on either side of the river. Though the term "drawbridge" is often applied to the movable section of the bridge, it also means the whole bridge, of which the draw or movable section is a part. Savannah, F. & W. R. Co. v. Daniels, 17 S. E. 647, 648, 90 Ga. 608, 20 L. R. A. 416. The word "draw," as used in Act Cong. July 2, 1864, incorporating the Northern Pacific Railway Company, and authorizing the company to locate, construct, and maintain a continuous railway from Lake Superior to Portland, Or., with all the powers, privileges, and immunities necessary to carry into effect the purpose of the act, the same to be constructed in a substantial and workmanlike manner, with all the necessary draws and bridges, means a contrivance by which a section of a bridge across a navigable water is turned upwards or at right angles to itself, and parallel with the direction of the stream, so as to admit of the passage of vessels through the open space that could not otherwise pass the point. Hughes v. Northern Pac. R. Co. (U. S.) 18 Fed. 106, 114. "Drawbridge," as used in a contract for the construction of a drawbridge on which the cars of a railroad could cross, meant a bridge serviceable for that purpose, and capable of being used with like facility as similar bridges properly constructed. Florida R. R. v. Smith, 88 U. S. (21 Wall.) 255, 263, 22 L. Ed. 513. DRAWERS. The word "drawers" in the statute, providing that in actions on bills or notes the plaintiff shall be compelled to sue the drawers and indorsers living and resident in this state in a joint action, must have been designed to embrace all parties who had signed a note or bill as maker. Stevenson v. Walton, 10 Miss. (2 Smedes & M.) 262, 265. Where a note signed by sureties recited that the drawers and indorsers waived all defenses on the ground of any extension of the time of payment, the word "drawers" did not apply to either payees or indorsers, but should be construed as designating the original promisor and sureties. Winnebago County State Bank v. Hustel, 93 N. W. 70, 119 Iowa, 115. DRAWING. Judicial notice will not be taken that the words "drawing," or "Kentucky drawing," designate a game of chance. State v. Bruner, 17 Mo. App. 274, 275. "Drawing a prize," as the term is used in speaking of a lottery, is, according to common parlance, the ascertainment, by chance or otherwise, of who is entitled to a particular result or a particular thing, by means of some prearranged mode of ascertaining the result, and as soon as the number which entitled the ticket holder to the money or article is drawn upon the wheel or otherwise ascertained the prize is said to be drawn. People v. Kent, 6 Cal. 89, 90. a state where is "drawn in question" the validity of a statute of any state on the ground of its being repugnant to the Constitution of the United States, and the decision is in favor of its validity, may be examined and reversed in the Supreme Court, means that it must appear clearly from the whole record that a certain provision of the Constitution or act of Congress was relied on by the party who brings the writ of error, and that the right thus claimed by him was denied. It is not Under a statute requiring the commis- necessary that the question should appear on sioners of waterworks of a city, before enter- the record to have been raised and the deciing into any contract, to cause plans and spec-simis verbis. Bridge Proprietors v. Hoboken sion made in direct and positive terms, ipsisifications, detailed drawings, and forms of bids to be made, where the commissioners cause plans to be prepared they are the judges of the sufficiency of such plans, and no other body can determine the question of sufficiency. A "drawing" is a representation of a plain surface, by means of lines and shades. Its synonyms are "delineation"; "picture." The term "synonymous" is applied to a word that has the same import or signification with another. Accordingly such words as are synonyms agree in expressing one principal idea. A diagram of a pump, showing a longitudinal section and cross-section from the intake pier, with elevations of mains and basins, is a scale drawing as well as a plan. Ampt v. Cincinnati, 8 Ohio Dec. 624, 628. Code, 5004, provides that at least one day before any capital case set for trial the court shall cause not less than 25 or more than 50 names to be publicly drawn from the jury box. Section 5005 provides that the special jurors so drawn, together with a panel of petit jurors organized for the week at which the case is set for trial, shall constitute a venire, from which the jury to try the case shall be selected. It was held that the word "drawn" was employed in the sense of "selected," whether by drawing from the jury box or by summoning by the sheriff to supply a deficiency in the regular jurors for the week. Smith v. State, 34 South. 168, 170, 136 Ala. 1. DRAWN IN ORDINARY FORM. DRAWN IN QUESTION. Judiciary Act, § 25, providing that a final decree in the highest court of equity in Land & Improvement Co., 68 U. S. (1 Wall.) 116, 143, 17 L. Ed. 571 (citing Crowell v. Randell, 35 U. S. [10 Pet.] 368, 9 L. Ed. 458; Armstrong v. Athens County, 41 U. S. [16 Pet.] 281, 10 L. Ed. 965). DRAWN STEEL. The word "drawn," when used as an ad jective in describing steel as drawn steel, distinguishes from steel which merely passes through rolls. As used in Tariff Act Oct. 1, 1890, par. 148, relating to the duties on flat steel wire, or sheet steel in strips, whether drawn through dies or rolls, etc., it is used as a verb, and in that use it was well known, with reference to ductile metals, in a sense other than its primary one, long before the art of drawing through dies existed. The verb "draw" is recognized by all lexicographers as sometimes meaning extending in either length or breadth by hammering or other forging. United States v. Wetherell (U. S.) 65 Fed. 987, 988, 13 C. C. A. 264. DRAY. As vehicle, see "Vehicle." In an ordinance requiring "drays" to be licensed, but allowing any person hiring a dray for the purpose of hauling for themselves or others to use it without a license, the word "dray" is used in its common and popular sense, as contradistinguished from a wagon in its common and popular sense. City of Griffen v. Powell, 64 Ga. 625, 627. in the transportation of property and for A wagon drawn by four horses, and used transferring goods of grocers and merchants, is not a dray. Snyder v. City of North Lawrence, 8 Kan. 82, 84. "Drays and wheeled vehicles run for profit," as used in Knoxville city ordinance taxing "hacks, carriages, drays, and wheeled vehicles run for profit," includes a dray kept by a firm of merchants for hauling goods to the depot for nonresident customers, for which service drayage is charged. City of Knoxville v. Sanford, 81 Tenn. (13 Lea) 545, 546. DRAYAGE. "Drayage," as used in a toll rate prescribed by harbor commissioners, allowing a reduced rate on merchandise landed on wharfs and taken thence in lighters or other vessels or warehoused without drayage, meant loaded means of conveyance, whether in wagons, drays, or cars. Soule v. San Francisco Gaslight Co., 54 Cal. 241, 242. DREDGE. As vessel, see "Vessel." An agreement to "dredge" a dock implies of its own force the deposits of the materials dredged in some proper place. Boynton v. Lynn Gaslight Co., 124 Mass. 197, 201. DRESS. See "New Dress." DRESSED FURS. "Dressed furs or skins," within Tariff Act 1890, par. 444, providing a special duty on "dressed furs or skins," means skins which have been cured, and of which the pelt has been leathered; furs which are dressed on the skin. United States v. Wotton (U. S.) 53 Fed. 344, 346, 3 C. C. A. 553. DRESSING. "Dressing" is the process by which the skin or pelt is treated in the way to be converted into leather, and be made soft and flexible. It means curing and leathering he pelt. United States v. Wotton (U. S.) 53 Fed. 344, 346, 3 C. C. A. 553. DRESSING VICTUALS. The sale of liquor is not the dressing of victuals, within Pa. Act Assem. April 22, 1794, § 1, prohibiting the doing or performing of any worldly employment or business on Sunday, works of necessity and charity alone excepted, provided always that nothing therein contained should be construed to prohibit a dressing of victuals in private families, bakehouses, lodging houses, and other houses of entertainment, for the use of sojourners, travelers, or strangers. To dress victuals is to prepare food fit for consumption, and hence the table or bench on which the meat or other things are dressed or prepared for use is sometimes called a "dresser," from the French "dressoir," and there is no figure of speech or any rule of construction, either in grammar or law, that can make the selling of liquor the dressing of victuals. Omit v. Commonwealth, 21 Pa. (9 Harris) 426, 428. DRESSMAKER. Where under a contract plaintiff obligates herself to take charge of the dressmaking department of the defendant as manager and dressmaker, with power to employ and discharge the employés of the department, etc., the word "dressmaker," taken in connection with the entire context of the contract, cannot be construed as meaning that she was employed as a seamstress, but rather merely descriptive of the position or office which she was to fill, and imposed no obligation upon her to do the work of a seamstress; and hence where her dis charge was for her refusal to work as seamstress she was entitled to recover under the contract. Marx v. Miller, 32 South. 765, 767, 134 Ala. 347. DRIED FRUIT. Leghorn citron, which is commercially classed among "dried fruits," is entitled to free entry, under the tariff act of 1883, as a dried fruit. Nordlinger v. United States (U. S.) 69 Fed. 92. DRIFT. "Drifting in a tunnel" means taking earth, gravel, or ore from ground made accessible by means of the tunnel, and is not synonymous with "running a tunnel," and so is not a part of the construction, alteration, or repair of any building or improvement on or in a mine, within Code Civ. Proc. Cal., providing for a lien on every such building or improvement done with the knowledge of the owner. Jurgenson v. Diller, 46 Pac. 610, 611, 114 Cal. 491, 55 Am. St. Rep. 83. DRIFT STUFF. "Drift stuff," in its common acceptation, does not signify goods which are the subject of salvage, but means matter floating at random without any known or discoverable ownership, which, if cast ashore, will probably never be reclaimed, but will, as a matter of course, accrue to the riparian owner. Watson ▼. Knowles, 13 R. I. 639, 641. DRIFTWAY. "Driftway" is defined by lexicographers to be a "common way for driving cattle." Smith v. Ladd, 41 Me. 314, 320. DRINK. See "By the Drink." "Drinking wine," within the meaning of a representation in an application for a Hfe policy that the applicant does not drink wine, must be interpreted to mean that he has not drunk the liquor habitually, and the fact that he occasionally drinks to excess does not show a misrepresentation. Mutual Life Ins. Co. v. Simpson (Tex.) 28 S. W. 837-839. Within the meaning of a statute providing that no person without a state license shall sell, offer, or expose for sale spirituous liquors, wine, porter, beer, "or any drink of like nature," includes, by reason of the use of the term in connection with the liquors specifically enumerated, all similar preparations, made by similar process of fermentation, of similar nature. State v. Oliver, 26 W. Va. 422-427, 53 Am. Rep. 79. DRINKING SHOP. Within a city ordinance providing for the licensing of barrooms in drinking shops, and prohibiting the sale of liquor without a license, a "drinking shop" is a place where liquors are sold, bartered, or delivered to be drunk on the premises. City of Portland v. Schmidt, 6 Pac. 221, 225, 13 Or. 17. DRIP. See "Servitude of Drip." DRIVE. The words "riding" and "driving" are of common use, and must be taken and construed according to their ordinary signification. In an ordinance requiring persons "rid-| ing or driving" to halt for pedestrians, the use of the words in the disjunctive form shows that it was intended to designate by each a different act. Webster defines the words "ride" and "drive" as follows: "Ride. (1) To be carried on a horse or other animal, or in any kind of vehicle or carriage. (2) To be carried or travel on horseback." "Drive. To go or pass in a carriage." It will be seen that "ride" in its broadest sense embraces "drive," but as used in the ordinance it was evidently not so intended. Citizens' Ry. Co. v. Ford, 93 Tex. 110, 113, 53 S. W. 575, 576, 46 L. R. A. 457. "Drive" means to go or pass in a carriage. As used in an ordinance requiring any person riding or driving to check up or halt for pedestrians, if necessary, on approaching alley or street crossings, the phrase "any person driving" means one passing in a vehicle under his own control, and does not apply to street cars. Citizens' Ry. Co. v. Ford, 53 S. W. 575, 576, 93 Tex. 110, 46 L. R. A. 457. "Driven into," as used in Rev. St. § 3845, providing for the assessing of any personal property brought or driven into the territory with a regular assessment in any year, refers only to live stock. Frontier Land & Cattle Co. v. Baldwin, 31 Pac. 403, 404, 3 Wyo. 764. "Driven," as used in Sp. Laws 1875, c. 48, § 2, entitling a corporation to toll on all logs driven down a certain river, will be construed to include logs driven by the unaided action of the stream, as well as logs driven by artificial means. St. Louis Dalles Imp. Co. v. C. N. Nelson Lumber Co., 44 N. W. 1080, 1082, 43 Minn. 130. Where a statute authorizes one to "drive" the logs by which his own may be obstructed or with which they are intermingled, the term has a well-understood meaning, and involves the exercise of the requisite care and effort to take the logs down the stream. Mil ler v. Chatterton, 46 Minn. 338, 340, 48 N. W. 1109, 1110. "Take," "drive," and "sell," in their usual sense, denote innocent action, and hence, as used in a statement, standing alone, that "he took and drove off my ducks and sold them," without any averment, do not import the commission of a crime, so as to render the words slanderous per se. Hinesley v. Sheets, 48 N. E. 802, 803, 18 Ind. App. 612, 63 Am. St. Rep. 356. DRIVEN WELL. A "driven well" is one made by driving an iron pipe into the ground to the required depth. Pickett v. Pacific Mut. Life Ins. Co.. 144, Pa. 79, 90, 22 Atl. 871, 13 L. R. A. 661, 27 Am. St. Rep. 618. A "driven well" consists of an air-tight tube sunk into the earth until a water-bearing stratum is reached, and then by means of a pump at the top of the tube a vacuum is created in the tube, thus causing the water to flow to the surface with greater rapidity than it would flow from purely natural causes. Andrews v. Carman (U. S.) 1 Fed. Cas. 868, 870. A "driven" well is one constructed by driving or forcing an instrument into the ground until it is projected into the water, without removing the earth upward. as it is in boring. "The distinguishing characteristics of a driven well, as it differs from a dug well, is that when the pressure is relieved from the interior of the tube, which itself forms the body of the well, not only does the force of gravity act to supply it with water directly from the earth, but there being no intervening. body of water between the wall of the well itself and the earth surrounding it on which the atmosphere can act directly and with greater effect to force it into the well (as it can and does in the open well), the water is supplied di rectly to it from the earth surrounding it in vich, 21 South. 344, 112 Ala. 654, 36 L. R. A. a direct inverse ratio to its distance from 615. the well, and, the friction of the water through the earth being directly as the square of its velocity, as the distance from the well increases, the water moves very much slower than it does immediately next to the well ieself; but the area of the source of supply being increased exactly in the ratio of the square of its distance from the well, and the friction being increased exactly as the square of its velocity, the one exactly counterbalancing the other, it follows that from natural laws the surface of the water of the earth surrounding the well is and must be maintained practically at a given level; whereas, in the open well supplied by gravity only, the water in the earth inclines from the natural surface of the stratum in the earth to the bottom of the well, the angle of that decline decreasing as the supply is taken from the well, and, unless pumping is stopped and time allowed for a resupply, a lowering of the water in the earth extends to a continually increasing distance, and a longer time is required to obtain the original quantity in the well, while the supply to the driven well is continuous and steady and A conductor of a street railroad car is not a "driver" of a carriage within the statute making a master liable for the willful acts of his driver while driving such carN. Y. 122, 124, 7 Am. Rep. 418. riage. Isaacs v. Third Ave. Railroad Co., 47 DROIT. "Droit" is defined by Black's Law Dictionary as equivalent to the English word "right." Opel v. Shoup, 100 Iowa, 407, 420, 69 N. W. 560, 37 L. R. A. 583. DROIT D'AUBAINE. "Droit d'aubaine" is defined by Black as, in French law, a rule by which all the property of a deceased foreigner, whether movable or immovable, was confiscated to the use of the state, to the exclusion of his heirs, whether claiming ab intestato or under a Will. Opel v. Shoup, 100 Iowa, 407, 420, 69 N. W. 560, 37 L. R. A. 583. practically inexhaustible, the supply in a DROP. given time being in proportion to the size of the pipe forming the well, having openings Where an insurance company sent to its proportionate to its size, different wells vary-agent an expiration sheet containing a list of ing in the supply according to the nature certain policies, opposite all of which exof the soil in which they are inserted, but cept one was the word "renew," and opposite remaining virtually constant at all times in this one, which was for $2,000, was the word the same soil. Water cannot be pumped from "drop," such word was at least ambigua driven well in any given stratum with ous and equivocal, and the agent had a right greater ease than from an open well sunk to interpret the instrument by decreasing in the same stratum. One peculiar charac- the insurance and renewing for half the teristic of a driven well, as distinguished amount. Winne v. Niagara Fire Ins. Co., 91 from the bored artesian well, is that the N. Y. 185, 192. driven well is for use in soil where no rock is to be penetrated, and where the pressure DROP FEED. of the atmosphere is free to act on the surface of the water in the earth surrounding it; while the artesian well is usually, if not always, bored into a rock stratum, and is supplied with water through fissures in the rock, instead of through the earth itself surrounding the entrance or opening to the well." Driven Well Cases, 7 Sup. Ct. R. 1073, 1079, 122 U. S. 40, 30 L. Ed. 1064. DRIVER. A "drop-feed" sewing machine means that particular form of feed in which the feeding instrument is applied from underneath the table (in distinction from being applied on the top of the table), and which recedes from underneath the bottom of the table after the feeding is done. Florence Sewing Mach. Co. v. Grover & Baker Sewing Mach. Co., 110 Mass. 70, 86, 14 Am. Rep. 579. DROP IN TENSION. The word "driver," as used in the sections regulating the use of vehicles on the highways, shall be construed to include any "Drop in tension" means "loss of the properson riding or propelling a bicycle or tri-pulsive force which measures initially the cycle or directing a motor carriage. Gen. St. Conn. 1902, § 2038. A person riding a bicycle is a "driver" of that vehicle within the meaning of a statute prohibiting the riding or driving of any horse or beast so as to endanger the life or limb of any passenger. Davis v. Petrino forward movement of the electrical energy, or so-called 'current,' as it leaves the generator and seizes upon and follows the conductor." This drop in tension is the necessary resultant of the obstructive operation of the molecules of the conductor to and upon the electrical energy or potential," as it is called, as it forces its way through the |