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10. The tenth, in four titles, treats of mixed actions.

11. The object of the eleventh book, containing eight titles, is to regulate interrogatories, the cases of which the judge was to take cognizance, fugitive slaves, of gamblers, of surveyors who made false reports, and of funerals and funeral expenses.

12. The twelfth book, in seven titles, regulates personal actions in which the plaintiff claims the title of a thing.

13. The thirteenth, treats of certain particular actions, in seven titles.

14. This, like the last, regulates certain actions: it has six titles.

15. The fifteenth, in four titles, treats of actions for which a father or master is liable, in consequence of the acts of his children or slaves, and those to which he is entitled; of the peculium of children and slaves, and of the actions on this right.

16. The sixteenth, in three titles, contains the law relating to the senatus consultum valleianum, of compensation or set-off, and of the action of deposit.

17. The seventeenth, in two titles, expounds the law of mandates and partnership.

18. The eighteenth book, in seven titles, explains the contract of sale.

19. The nineteenth, in five titles, treats of the actions which arise on a contract of sale.

20. The law relating to pawns, hypothecation, the preference among creditors, and subrogation, occupy the twentieth book, which contains six titles.

21. The twenty-first book explains, under three titles, the edict of the ediles relating to the sale of slaves and animals; then what relates to evictions and warranties.

22. The twenty-second treats of interest, profits and accessories of things, proofs, presumptions, and of

ignorance of law and fact. It is divided in six titles.

23. The twenty-third, in five titles, contains the law of marriage, and its accompanying agreements.

24. The twenty-fourth, in three titles, regulates donations between husband and wife, divorces, and their consequence.

25. The twenty-fifth is a continuation of the subject of the preceding. It contains seven titles.

26 and 27. These two books, each in two titles, contain the law relating to tutorship and curatorship.

28. The twenty-eighth, in eight titles, contains the law on last wills and testaments.

29. The twenty-ninth, in seven titles, is a continuation of the twentyeighth book.

30. 31, and 32. These three books, each divided in two titles, contain the law of trusts and specific legacies.

33, 34, and 35. The first of these, divided in ten titles; the second, in nine titles, and the last in three titles, treat of various kinds of legacies.

36. The thirty-sixth, containing four titles, explains the senatus consultum trebellianum, and the time when trusts become due.

37. This book, containing fifteen titles, has two objects, first, to regulate pretorian successions; and, Secondly, the respect which children owe their parents, and freedmen their patrons.

38. The thirty-eighth book, in seventeen titles, treats of a variety of subjects; of successions, and of the degree of kindred in successions; of possession; and of heirs.

39. The thirty-ninth explains the means the law and the pretor take to prevent a threatened injury; and donations inter vivos and mortis cams.

40. The fortieth, in sixteen titles, treats of the state and condition of persons and of what relates to freedmen and liberty.


41. The different means of acquiring and losing title to property, are explained in the forty-first book, in ten titles.

42. The forty-second, in eight titles, treats of the res judicata, and of the seizure and sale of the property of a debtor.

43. Interdicts or possessory actions are the object of the forty-third book, in three titles.

44. The forty-fourth contains an enumeration of defences which arise in consequence of the res judicata, from the lapse of time, prescription, and the like. This occupies six titles; the seventh treats of obligations and actions.

45. This speaks of stipulations, by freedmen, or by slaves. It contains only three titles.

46. This book, in eight titles, treats of securities, novations, delegations, payments, releases, and acceptilations.

47. In the forty-seventh book are explained the punishments inflicted for private crimes, de privutis delictus, among which are included larcenies, slander, libels,offonces against religion, and public manners, removing boundaries and other similar offences.

48. This book treats of public crimes, among which are enumerated those of lasa magislatis, adultery, murder, poisoning, parricide, extortion, and the like, with rules for procedure in such cases.

49. The forty-ninth, in eighteen titles, treats of appeals, of the rights of the public treasury, of those who are in captivity, and of their repurchase.

51). The last book, in seventeen titles, explains the rights of municipalities, and then treats of a variety of public officers.

Besides this division, Justinian made another, in which the fifty books were divided in seven parts:

The first contains the first four books; the second, from the fifth to the eleventh book inclusive; the third, from the twelfth to the nineteenth inclusive; the fourth, from the twentieth to the twenty-seventh inclusive; the filth, from the twentyeighth to the thirty-sixth inclusive; the sixth, commenced with the thirty-seventh and ended with the forty-fourth book; and the seventh or last was composed of the last six books.

A third division, which however is said not to have been made by Justinian, is in three parts. The first called digestum vetus, because it was the first printed. It commences with the first book, and includes the work to the end of the second title of the twenty-fourth book. The second, called digestum infortiatum, because it is supported or fortified by the other two, it being in the middle; it commences with the beginning of the third title of the twenty-fourth book and ends with the thirty-eighth. The third, which begins with the thirty-ninth book and ends with the work, is called digestum. novum, because it was last printed.

The Digest although compiled in Constantinople, was originally written in Latin and afterwards translated into Greek.

DIGNITIES, English law, are titles of honour. They are considered as incorporeal hereditaments. The genius of our government forbids their admission in the republic

DILATORY. That which is intended for delay. It is a maxim that delays in law are odious, dilaiiones in lee sunt. odioim. Plowd. 75.

DILATORY DEFENCE,inchancery practice. A dilatory defence is one, the object of which, is to dismiss, suspend, or obstruct the suit, without touching the merits, until the impediment or obstacle insisted on shall be removed. These defences are of four kinds: 1st, to the jurisdiction of the court; 2, to the person of the plaintiff or defendant; 3, to the form of proceedings, as that the suit is irregularly brought, or it is defective in its appropriate allegation of parties; and, 4, to the propriety of maintaining the suit itself, because of the pendency of another suit for the same controversy, Montag. Eq. PI. 88; Story, Eq. PI. § 434. Vide Defence; Plea, Dilatory.

DILATORY PLEAS. VideP/ea, Dilatory,

DILIGENCE, contracts, is the doing things in proper time. It may be divided into three degrees, namely, ordinary diligence, extraordinary diligence, and slight diligence. It is the reverse of negligence, (q. v.); under that article is shown what degree of negligence or want of diligence will make a party to a contract responsible to the other. Vide Story, Bailm. Index, h. t.; Ayl. Pand. 113.

DILIGENCES, in Scotland, are certain forms of law whereby a creditor endeavours to make good his payment, either by affecting the person of his debtor, or by securing the subjects belonging to him from alienation, or by carrying the property of these subjects to himself. They are either real or personal.

Real diligence is that which is proper to heritable or real rights, and of this kind there are two sorts; 1, inhibitions; 2, adjudication,which the law has substituted in the place of apprising.

Personal diligence is that by which the person of the debtor may be secured, or his personal estate affected. Ersk. Pr. L. Scot. B. 2, t, 11, s. 1.

DIME, money, is a silver coin of the United States of the value of one-tenth part of a dollar or ten cents. It weighs forly-one and a quarter grains. Of one thousand parts, nine hundred are of pure sil

ver and one hundred of alloy. Act of January 18, 1837, s. 8 and 9, 4 Sharsw. cont. of Story's L. U. S. 2523, 4.

DIMINUTION, practice, an omission in the record, or in some part of the proceedings, which is certified on a writ of error on the part of either plaintiff or defendant. Co. Ent. 232; 8 Vin. Ab. 552; 1 Lilly's Ab. 245; 1 Nels. Ab. 658; Cro. Jac. 597; Cro. Car. 91. When the diminution has been established, a certiorari will be granted, for the purpose of completing the record. Minor, R. 20; 4 Dev. R. 575; 1 Dev. & Bat. 382; 1 Munf. R. 119. Vide Certiorari.

DIOCESE, eccl. law. The district over which a bishop exercises his spiritual functions. 1 Bl. Com. 111.

DIPLOMA. An instrument of writing executed by a corporation or society, certifying that a certain person therein named is entitled to a certain distinction therein mentioned. It is usually granted by learned institutions to their members, or to persons who have studied in them. Proof of the seal of a medical institution and of the signatures of its officers thereto affixed, by comparison with the seal and signatures attached to a diploma received by the witness from the same institution, has been held to be competent evidence of the genuineness of the instrument, although the witness never saw the officers write their names. 25 Wend. R. 469.

DIPLOMACY, is the science which teaches of the relations and interests of nations with nations.

DIRECT. Straight forward; not collateral. The direct line of descent, for example, is formed by a series or degrees between persons who descend one from another. Civ. Code of Lo. art. 886.'

DIRECTION. The order and government of an institution; the persons who compose the board of directors are jointly called the direction. Direction, in another sense, is nearly synonymous with instruction, (q. v.)

DIRECTORS, are persons appointed or elected according to law, authorised to manage and direct the affairs of a corporation, or company. The whole of the directors collectively form the board of directors. They are generally invested with certain powers by the acts of the legislature, to which they owe their existence. In modern corporations created by statutes, it is generally contemplated by the charter, that the business of the corporation shall be transacted exclusively by the directors. 2 Caines's R. 381, and the acts of such a board, evidenced by a legal vote, are as completely binding upon the corporation, and as complete authority to their agents as the most solemn acts done under the corporate seal. 8 Wheat. R. 357, 8. To make a legal board of directors, they must meet at a time when, and a place where, every other director has the faculty of attending to consult and be consulted with ; and there must be a sufficient number present to constitute a quorum. 3 L. R. 574; 13 L. R. 527; 6 L. R. 759. See 11 Mass. 288; 5 Litt. R. 45; 12 S. & R. 256; 1 Pet. S. C. R. 46. Vide Dane's Ab. h. t. Directors of a corporation are trustees, and as such are required to use due diligence and attention to its concerns, and are bound to a faithful discharge of the duty which the situation imposes. They are liable to the stockholders whenever there has been gross negligence or fraud; but not for unintentional errors. 1 Edw. Ch. R. 513; 8 N. S. 80; 3 L. R. 575.

DIRECTOR OF THE MINT, is an officer whose duties are prescribed by the act of congress of January 18, 1837, 4 Sharsw. Cont.

Vol. I.—40.

of Story L. U. S. 2524, as follows: The director shall have the control and management of the mint, the superintendence of the officers and persons employed therein, and the general regulation and surpervision of the business of the several branches. And in the month of January of every year he shall make report to the President of the United States of the operation of the mint and its branches for the year preceding. And also to the secretary of the treasury, from time to time, as said secretary shall require, setting forth all the operations of the mint subsequent to the last report made upon the subject.

The director is required to appoint, with the approbation of the president, assistants to the assayer, melter and refiner, chief coiner, and engraver, and clerks to the director and treasurer, whenever, on representation made by the director to the president, it shall be the opinion of the president that such assistants or clerks are necessary. And bonds may be required from such assistants and clerks in such sums as the director shall determine, with the approbation of the secretary of the treasury. The salary of the director of the mint, for his services, including travelling expenses incurred in visiting the different branches and all other charges whatever, is three thousand five hundred dollars.

DISABILITY. The want of legal capacity to do a thing. In the acts of limitation it is provided that persons lying under certain disability, such as being non compos, an infant, in prison, or under coverture, shall have the right to bring actions after the disability shall have been removed. In the construction of this saving in the acts, it has been decided that two disabilities shall not be joined when they occur in different persons; as, if a right of entry accrue to a feme covert, and during the coverture she die, and the right descends to her infant son. But the rule is otherwise when there are several disabilities in the same person; as, if the right accrues to an infant, and before he has attained his full age, he becomes non compos mentis; in this case he may establish his right after the removal of the last disability, S Prest. Abs. of Tit. 341; Shep. To. 31; 3 Tho. Co. Litt. pl. 18, note (L); 2 H. Bl. 584; 5 Whart. R. 377. Vide Incapacity.

DISBURSEMENT. Literally to take money out of a purse; figuratively, to pay out money, to expend money ; and sometimes it signifies to advance money. A master of a ship makes disbursements, whether with his own money or that of the owner, when he defrays expenses for the ship. An executor, guardian, trustee, or other accountant, is said to have made disbursements when he expended money on account of the estate which he holds. These, when properly made, are always allowed in the settlement of the accounts.

DISCHARGE OF A CONTRACT. The act of making a contract or agreement null. Contracts may be discharged by, 1, payment ;—2, accord and satisfaction, 8 Com. Dig. 917; 1 Nels. Abr. 18;

1 Lilly's Reg. 10, 16; Hall's Dig. 7; 1 Poth. Ob. 345 ;—3, Release, 8 Com. Dig. 906; 3 Nels. Ab. 69; 18 Vin. Ab. 294; 1 Vin. Abr. 192;

2 Saund. 48, a; Gow on Partn. 225, 230; 15 Serg. and Rawle, 441; 1 Poth. Ob. 397;—4, Set-off, 6 Vin. Ab. 556, Discount; Hall's Dig. 226, 496; 7 Com. Dig. 335, Pleader, 2 G 17; 1 Poth. Ob. 408;—5, The rescision of the contract, 1 Com. Dig. 289, note (x); 8 Com. Dig. 349; Chit. on Contr. 275;—6, Extinguishment, 7 Vin. Abr. 367; 14 Serg. & Rawle, 209, 290; 8 Com. Dig. 394; 2 Nels. Abr. 818; 18

Vin. Abr. 493 to 515; 11 Vin. Abr. 461;—7, Confusion, where the duty to pay and the right to receive unite in the same person, 8 Serg. & Rawle, 24—30; 1 Poth. 425 p- 8, Extinction or the loss of the subject-matter of the contract, Bac. Abr. 49; 8 Com. Dig *349; 1 Poth. Ob. 429 P''" -9, Defeasance, 2 Saund. 47, n. note 1;—10, The inability of one of the parties to fulfil his part, Hall's Dig. 40 P- 11, The death of the contractor, as where he undertook to teach an apprentice ;—12, Bankruptcy ;—13, By the act of limitations;—14, By lapse of time. Angell on Adv. Enjoym. passim; 15 Vin. Abr. 52, {99; 2 Saund. 63, n. b; lb. 66 n. 8; lb. 67 n. 10; Gow on Partn. 235; 1 Poth. 443, 449; —15, By neglecting to give notice to the person charged, Chit. on Bills. 245 ;—16, By releasing one of two partners, see Receipt ;—17, By neglecting to sue the principal at the request of the surety, the latter is discharged. 8 Serg. & Rawle, 110; —18, By the discharge of a defendant, who has been arrested under a capias ad satisfaciendum. 8 Cowen, R. 171.—19, By a certificate and discharge under the bankrupt lows. Act oil congress of August 1841.

DISCHARGE, practice, is the act by which a person in confinement under some legal process, or held on an accusation of some crime or misdemeanor, is set at liberty; the writing containing the order for his being so set at liberty is also called a discharge. The discharge of a defendant in prison under a ca. sa., when made by the plaintiff, has the operation of satisfying the debt, the plaintiff having no other remedy; 4 T. R. 526; but when the discharge is in consequence of the insolvent laws, or the defendant dies in prison, the debt is not satisfied; in the first place the plaintiff has a remedy against the property of the

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