moisture of a peculiar and somewhat acid odour. The areolæ round the nipples are dark coloured. The external genital organs and vagina are dilated and tumefied throughout the whole of their extent, from the pressure of the fœtus. The uterus may be felt through the abdominal parietes, voluminous, firm, and globular, and rising nearly as high as the umbilicus. Its orifice is soft and tumid, and dilated so as to admit two or more fingers. The fourchette or anterior margin of the perinæum is

investigation as to the woman's appearance before and since the delivery will have some weight, though such evidence is not always to be relied upon, as such appearances are not unfrequently deceptive. 2. The proofs of recent delivery. 3. The connexion between the supposed state of parturition, and the state of the child that is found; for if the age of the child do not correspond to that time, it will be a strong circumstance in favour of the mother's innocence. A redness of the skin and an attachment of the umbilical cord to the sometimes torn, or it is lax, and apnavel, indicate a recent birth. Whether the child was living at its birth, belongs to the subject of infanticide, (q. v.)

3. The usual signs of delivery are very well collected in Beck's excellent treatise on Medical Jurisprudence, and are here extracted:

If the female be examined within three or four days after the occurrence of delivery, the following circumstances will generally be observed; greater or less weakness, a slight paleness of the face, the eye a little sunken, and surrounded by a purplish or dark-brown coloured ring, and a whiteness of the skin, like a person convalescing from disease. The belly is soft, the skin of the abdomen is lax, lies in folds, and is traversed in various directions by shining reddish and whitish lines, which especially extend from the groins and pubis, to the navel. These lines have sometimes been termed linea albicantes, and are particularly observed near the umbilical region, where the abdomen has experienced the greatest distention. The breasts become tumid and hard, and on pressure emit a fluid, which at first is serous, and afterwards gradually becomes whiter; and the presence of this secretion is generally accompanied with a full pulse and soft skin, covered with a

pears to have suffered considerable distention. A discharge, (termed the lochial) commences from the uterus, which is distinguished from the menses by its pale colour, its peculiar and well known smell, and its duration. The lochia are at first of a red colour, and gradually become lighter until they cease.

These signs may generally be relied upon as indicating the state of pregnancy, yet it requires much experience in order not to be deceived by appearances.

1. The lochial discharge might be mistaken for menstruation, or fluor albus, were it not for its peculiar smell; and this it has been found impossible, by any artifice, to destroy.

2. Relaxation of the soft parts arises as frequently from menstruation as from delivery; but in these cases the os uteri and vagina are not so much tumefied, nor is there that tenderness and swelling. The female parts are found pale and flabby when all signs of contusion disappear after delivery; and this circumstance does not follow menstruation.

3. The presence of milk, though a usual sign of delivery, is not always to be relied upon, for this secretion may take place independent of pregnancy.

4. The wrinkles and relaxation of

the abdomen which follow delivery, incident to the reversion; for the may be the consequence of dropsy, rent was not only not due, but the or of lankness following great obe- consideration-the future enjoyment sity. This state of the parts is also of the lands-for which the rent was seldom striking after the birth of the to be given, was not executed. 1 Sid. first child, as they shortly resume 141; 1 Lev. 99; 3 Lev. 274. their natural state.

Vide, generally, 1 Beck's Med. Jur. c. 7, p. 206; 1 Chit. Med. Jur. 411; Ryan's Med. Jur. ch. 10, p.

133.

A demand is frequently necessary to secure to a man all his rights, both in actions arising on contracts and those which are founded on some tort.

DEMAND, practice, is a request by one individual to another to do a particular thing. Demands are either express or implied. In many cases an express demand must be DELUSION, med. jurisp. That made before the commencement of state of the mind of an individual an action, some of which will be who conceives something extrava- considered below; in other cases an gent to exist, which has no existence, implied demand is all that the law and who is incapable of being rea- requires, and the bringing of an soned out of that absurd conception. action is a sufficient demand in those The individual is of course insane cases. 1 Saund. 33, note 2. or an idiot. For example, should a parent unjustly persist without the least ground, in attributing to his daughter a continued course of propensities and vices, and use her with uniform unkindness, there not being the slightest pretence or colour of reason for the supposition, a just inference of insanity or delusion is presented to the minds of a jury, because a supposition long entertained and persisted in, after argument to the contrary, and against the natural affections of a parent, suggests that he must labour some morbid mental delusion. 3 Addams's R. 90, 91; Ib. 180; Hagg. R. 27; and see Dr. Connolly's Inquiry into Insanity, 384. DEMAND, contracts. A claim; 409; 10 East, R. 359; 5 B. & Ald. a legal obligation. Lord Coke says 712. On the same principles, a that demand is a word of art, and of request on a general promise to an extent, in its signification, greater marry is requisite, unless it be disthan any other word except claim. pensed with by the party's marrying Hence a release of all demands is, another person, which puts it out of in general, a release of all covenants, his power to fulfil his contract, or real and personal, conditions, whe- that he refuses to marry at any time. ther broken or not, annuities, recog-2 Dow. & Ry. 55; 1 Chit. Pr. 57, nizances, obligations, contracts, and note (n), and 438, note (e). A the like. 3 Tho. Co. Litt. 427; 3 demand of rent must always be made Penna. R. 120. But a release of all before a re-entry for the non-paydemands does not discharge rent ment of rent. Vide Re-entry. There before it was due, if it be a rent are cases where a demand was not VOL. I.-39.

1. Whether a demand is requisite before the plaintiff can commence an action arising on contract, depends upon the express or implied stipulations of the parties. In case of the sale of property, for example, to be paid for on delivery, a demand of it must be made before the commencement of an action for non-delivery, and proved on the trial, unless it can be shown that the seller has incapacitated himself by a resale and delivery of the property to another person. 1 East, R. 204; 5 T. R.

originally necessary, but has become so by the act of the obligor. On a promissory note no express demand of payment is requisite before bringing an action, but if the debtor has tendered the amount due to the creditor on the note, it becomes necessary before bringing an action, that a demand should be made of the debtor for payment, and this should be of the very sum tendered. 1 Campb. 181; Ib. 474; 1 Stark. R. 323; 2 E. C. L. R. 409.

and request him to remove it, either before an entry is made for the purpose of abating it, or an action is commenced against the wrong-doer; and a demand is always indispensable in cases of a continuer of such nuisance.

2 B. & C. 302; S. C.

9 E. C. L. R. 96; Cro. Jar. 555; 5 Co. 100, 101; 2 Phil. Ev. 8, 18, n.; 119; 1 East, 111; 7 Vin. Ab. 506; 1 Ayl. Pand. 497; 6 Bac. Ab. 25. Vide articles Abatement of Nuisance, and Nuisance. For the allegation of a demand or request in a declaration, see article Licet sæpius requisitus; and Com. Dig. Pleader, C 70; 2 Chit. Pl. 84; 1 Saund. 33, note 2; 1 Chit. Pl. 322.

He

DEMANDANT, practice. who brings a real action, who, in personal actions, is called plaintiff. Co. Litt. 127; 1 Com. Dig. 85.

DEMESNE AS OF FEE. A man is said to be seised in his demesne as of fee of a corporeal inheritance because he has a property dominicum or demesne in the thing itself. 2 Bl. Com. 106.

DEMIES, in some universities and colleges this term is synonymous with scholars. Boyle on Charities, 129.

2. It is requisite in some cases arising ex delicto, to make a demand of restoration of some right, before the commencement of an action. The following are examples.-1. When the wife, apprentice, or servant of one person, has been harboured by another, the proper course is to make a demand of restoration before an action brought, in order to constitute the party a wilful wrongdoer, unless the plaintiff can prove an original illegal enticing away. 2 Lev. 63; Willes, 582; 1 Peake's C. N. P. 55; 5 East, 39; 6 T. R. 652; 4 Moore's R. 12; 16 E. C. L. R. 357.-2. In cases where the taking of goods was lawful, but their subsequent detention became illegal, it is absolutely necessary, in order to DEMISE, contracts, in its most secure sufficient evidence of a con- extended signification is a conveyversion on the trial, to give a formal ance either in fee, for life, or for notice of the owner's right to the years. In its more technical meanproperty and possession, and to make ing, it is a lease or conveyance for a a formal demand in writing of the term of years. Vide Com. L. & delivery of such possession to the T. Index, h. t.; Ad. Eject. Index, owner. The refusal to comply with h. t.; 2 Hill. Ab. 130; Com. Dig. such a demand, unless justified by h. t.; and the heads there referred some right which the possessor may to. have in the thing detained, will in DEMOCRACY, government, is general afford sufficient evidence of that form of government in which a conversion. 2 Saund. 47, note (e); the sovereign power is exercised by 1 Chit. Pl. 179, 180; 1 Chit. Pr. the people in a body, as was the 566.-3. When a nuisance has been practice in some of the states of erected or continued by a man on Ancient Greece; the term reprehis own land, it is advisable, parti- sentative democracy has been given cularly in the case of a private to a republican government like that nuisance, to give the party notice of the United States.

DEMONSTRATION, is what- the ground that the case shown by ever is said or written to designate the opposite party is essentially ina thing or person; for example, a sufficient, or on the ground that it is gift of so much money, with a fund stated in an inartificial manner; for particularly referred to for its pay- the law requires in every plea, and ment, so that if the fund be not the all other pleadings, two things: the testator's property at his death, the one that it be in matter sufficient, legacy will not fail, is called a de- the other that it be deduced and exmonstrative legacy. 4 Ves. 751; pressed according to the forms of Lownd. Leg. 85; Swinb. 485. A law; and if either the one or the legacy given to James, who married other of these be wanting, it is cause my cousin, is demonstrative; these of demurrer. Hob. 164. A deexpressions present the idea of a murrer, as in its nature, so also in demonstration, there are many its form, is of two kinds; it is either James, but only one who married general or special. my cousin. Vide Ayl. Pand. 130. Dig. 12, 1, 6; Ib. 35, 1, 34. Inst. 2, 20, 30.

With respect to the effect of a demurrer, it is, first, a rule, that a demurrer admits all such matters of DEMURRAGE, mar. law. The fact as are sufficiently pleaded. freighter of a ship is bound not to Bac. Abr. Pleas N 3; Com. Dig. detain it, beyond the stipulated or Pleader, Q5. Again it is a rule that, usual time, to load, or to deliver the on a demurrer, the court will concargo, or to sail. The extra days sider the whole record, and give beyond the lay days (being the days judgment for the party who, on the allowed to load and unload the car- whole, appears to be entitled to it. go,) are called the days of demur-Com. Dig. Pleader, M 1, M2; Bac. rage; and that term is likewise applied to the payment for such delay, and it may become due, either by the ship's detention, for the purpose of loading or unloading the cargo, either before, or during, or after the voyage, or in waiting for convoy. 3 Kent, Com. 159; 2 Marsh, 721; Abbott on Ship. 192; 5 Com. Dig. 94, n., 505; 4 Taunt. 54, 55; 3 Chit. Comm. Law, 426.

DEMURRER, (from the latin demorari, or old French demorrer, to wait or stay,) in pleading, imports, according to its etymology, that the objecting party will not proceed with the pleading, because no sufficient statement has been made on the other side; but will wait the judgment of the court whether he is bound to answer, 5 Mod. 232; Co. Litt. 71, b; Steph. Pl. 61.

A demurrer may be for insufficiency either in substance or in form; that is, it may be either on

Abr. Pleas, A, N 3; 5 Rep. 29 a ; Hob. 56; 2 Wils. 150; 4 East, 502; 1 Saund. 285, n. 5. For example, on a demurrer to the replication, if the court think the replication bad, but perceive a substantial fault in the plea, they will give judgment, not for the defendant, but for the plaintiff, 2 Wils. R. 150, provided the declaration be good; but if the declaration also be bad in substance, then upon the same principle, judgment would be given for the defendant. 5 Rep. 29 a. For, when judgment is to be given, whether the issue be in law or fact, and whether the cause have proceeded to issue or not, the court is always to examine the whole record, and adjudge for the plaintiff or defendant, according to the legal right, as it may on the whole appear. It is, however, subject to the following exceptions: first, if the plaintiff demur to a plea in abatement, and the

court decide against the plea, they appear unto them, without regard. will give judgment of respondeat ing any imperfection, omission, deouster, without regard to any defect fect, or want of form, except those in the declaration. Lutw. 1592, only which the party demurring 1667; 1 Salk. 212; Carth. 172; shall specifically and particularly set secondly, the court will not look down and express, together with his back into the record, to adjudge in demurrer, as the causes of the favour of an apparent right in the same." Since these statutes, thereplaintiff, unless the plaintiff have fore, no mere matter of form can be himself put his action upon that objected on a general demurrer; ground. 5 Barn. & Ald. 507; lastly, but the demurrer must be in the the court, in examining the whole special form, and the objection sperecord, to adjudge according to the cifically stated. But, on the other apparent right, will consider the hand, it is to be observed, that, unright in matter of substance, and der a special demurrer, the party not in respect of mere form such as should have been the subject of a special demurrer. 2 Vent. 198-222. There can be no demurrer to a demurrer; for a demurrer upon a demurrer, or pleading over when an issue in fact is offered, is a discontinuance. Salk. 219; Bac. Abr. Pleas, N 2.

See in general as to demurrers, Bac. Abr. Pleas, N; Com. Dig. Pleader, Q; Saund. Rep. Index, tit. Demurrers; Lawes Civ. Pl. ch. 8; 1 Chit. Pl. 639-649.

may, on the argument, not only take advantage of the particular faults which his demurrer specifies, but also of all objections in substance, or regarding the very right of the cause, (as the statute expresses it) as do not require, under those statutes, to be particularly set down. It follows, therefore, that unless the objection be clearly of this substantial kind, it is the safer course, in all cases, to demur specially. Yet, where a general demurrer is plainly sufficient, it is more usually adopted DEMURRER, SPECIAL, in in practice; because the effect of pleading. A special demurrer is the special form being to apprise one which excepts to the sufficiency the opposite party more distinctly of of the pleadings on the opposite side, the nature of the objection, it is atand shows specifically the nature of tended with the inconvenience of enathe objection and the particular bling him to prepare to maintain his ground of exception. Co. Litt. 72, pleading by argument, or of leading a; Bac. Abr. Pleas, N 5. A spe- to apply the earlier to amend. With cial demurrer is necessary, where respect to the degree of particularity, it turns on matter of form only; with which, under these statutes, the that is where notwithstanding such special demurrer must assign the objection, enough appears to entitle ground of objection, it may be obthe opposite party to judgment, as served that it is not sufficient to obfar as relates to the merits of the ject, in general terms, that the cause. For by two statutes, 27 pleading is "uncertain, defective, Eliz. ch. 5, and 4 Ann, ch. 16, and informal," or the like, but it passed in a view to the discourage- is necessary to show in what respect, ment of merely formal objections, it uncertain, defective, and informal. is provided in nearly the same terms, 1 Saund. 161, n. 1; 337 b, n. 3; that the judges "shall give judg- Steph. Pl. 159-161; 1 Chit. Pl. ment according to the very right of 642. the cause and matter in law shall

DEMURRER, GENERAL, in