[303] D D. Roman numeral for 500. D. A. Abbreviation for district attorney. d'accroisement. See droit d'accroisement. dacion. (Spanish.) A delivery made in accordance with the terms of a contract. dacker. A dispute. dacoity. (India.) A robbery committed by a hand composed of five or more persons. dactylography. The scientific study of fingerprints as a means of identification. State v Steffens, 210 Iowa 196, 230 NW 536, 78 ALR 748; State v Kuhl, 42 Nev 185, 175 P 190, 36 ALR 1694. daemon. See voluntarius daemon. dagger. A straight knife; a weapon for stabbing; a generic term covering the dirk, stiletto, and poniard. People v Ruiz, 88 Cal App 502, 263 P 836. dagger-money. Payments of money which were made to the justices of assize on the northern circuit of England as a defense fund against robbers. daily. On every day; each clay. daily balance. An expression of moment in reference to an interest-bearing bank account, meaning the balance standing in favor of the depositor at the close of business on any day of the interest period, an average being taken of the daily balances for the period in computing the amount upon which interest is to be paid. daily newspaper. A newspaper published customarily on every day of the week except one, for instance, Sunday or Monday; a newspaper published every day in the week except both Sunday and Monday. 39 Am 1Newsp § 4. d'ainesse. See droit d'ainesse. daker. Same as dacker. dam. A Structure, composed of wood, earth, or other material, erected in and usually extending across the entire channel of a stream at right angles to the thread of the stream, and intended to retard or retain the flow of water. Morton v Oregon Short Line Railway Co. 48 Or 444, 87 P 151; the female parent of an equine. damage. The loss, hurt or harm which results front the injury consequent upon the illegal invasion of a legal right. 22 Am J2d Damg § 1. Although the words, "damage," "damages,." and "injury," are sometimes treated loosely as synonyms, there is a material distinction between them. Injury is the illegal invasion of a legal right; damages is the loss, hurt, or harm which results from the injury; and damages are the recompense or compensation awarded for the damage suffered. 22 Am J2d Damg § 1. damage by rust. See rust. damage by the elements. Such injuries as result front the operation of the most common destructive forces of nature against which property needs to be protected, the clause being exclusive of direct human agency. Pope v Farmers Union & Milling Co. 130 Cal 139, 62 P 384; injuries resulting from sudden, unusual, or unexpected action, as distinguished from gradual changes and decay. O'Neal v Bainbridge, 94 Kan 518, 146 P 1165 (damage by fire); Kirby v Wilie, 108 Md 501, 70 A 213. Some authorities construe the term as sufficiently broad to include all damage caused by the action of nature, including damage by gradual decay. 32 Am J1st L & T § 795. damage-cleer. A fee paid into court on the recovery of damages. damaged. Injured; the equivalent of "taken" under most eminent domain statutes. 26 Am J2d Em D § 158. As applied to property, the word "damaged" imports some disturbance to its intrinsic value; some damage to the property considered as property, and it does not include damages consequential from a wrong done in taking away property and thus rendering its owner unable to realize the real value of property not taken or damaged. Price v United States, 174 US 373, 378, 43 L Ed 1011, 1014, 19 S Ct 765. The insertion of the word "damaged," or a similar word in a constitutional provision for compensation has generally been considered necessary to justify an award of damages for the obstruction or diversion of, or other interference with, surface water by a public improvement. But in some cases the word "taking" alone has been construed to require the payment of compensation for damages resulting from such obstruction or interference. Anno: 128 ALR 1196. damage feasant. Doing damage; the damage caused by trespassing animals. See distress damage feasant. damage in taking by eminent domain. Physical injury to property not taken caused by any act in the course of the construction of a public improvement which if done by a private individual would give rise to an action at law. Farnandis v Great Northern Railway Co. 41 Wash 486, 84 P 18, 21. damages. The sum of money which the law awards or imposes as pecuniary compensation, recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act. 22 Am Rd Damg § 1. The pecuniary compensation or indemnity which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. Aetna Casualty & Surety Co. v Hanna (CA5 Fla) 224 F2d 499, 53 ALR2d 1125. See actual damages; compensatory damages: damage; double damages; exemplary damages: liquidated damages; mitigation of damages; nominal damages; punitive damages; speculative damages. damages and costs. As the phrase appears in au appeal bond, it binds the appellant to answer for the judgment, including interest. 5 Am J2d A & E § 1060. damages at large. An award for which there is no monetary standard of computation, such as damages for pain and suffering. Broughel v Southern New England Tel. Co. 73 Conn 614, 621. damages for delay. As the term appears in a supersedeas bond, such damages arising from the delay caused by the appeal as may properly constitute legal damages to the party delayed. 5 Am J2d A & E § 1058; the damages recoverable for a carrier's [304] delay in transporting and delivering goods. 13 Am J2d Car § 377; the damages recoverable for a contractor's delay in performance. 13 Am J2d Bldg Contr § 76; 22 Am J2d Damg § 49; interest allowed for delay in payment of compensation for property taken under power of eminent domain. 27 Am J2d Em D § 297. damages for loss of use. See usable value. damage to the person. Personal injury. There is a difference of opinion on the question whether a statute providing for the survival of an action for injury to the person, after the death of the injured person, includes an action for an injury to the feelings or sensibilities. 1 Am J2d Abat & R § 68. damage without wrong. Loss or harm resulting to a person which is not the result of the violation of a legal duty. 22 Am J2d Damg § 1. The practical sense of the expression is that there is no cause of action. 1 Am J2d Actions § 70. dame. The wife of a baronet. damn. To condemn; to deem, think or judge anyone to be guilty or to be criminal; to give judgment, or sentence, or doom of guilt; to adjudge, or declare the penalty or punishment. Blaufus v People, 69 NY 107, 111. damna. Damages. damnatus. Condemned; sentenced; declared to be guilty; illegal. damned rascal. See rascal. damnify. To injure; to cause loss or damage. damni injuriae actio. (Roman law.) An action for intentional injury to the beast of another. damno. See in damno. damnosa haereditas. An encumbered inheritance. damnum. A species of loss. See ad quod damnum; damage. damnum absque injuria. Damage without wrong, the sense of the expression being that there is no cause of action. 1 Am J2d Actions § 78. The phrase applies where an accident occurs and no fault or negligence is chargeable to either of the parties to the occurrence, as where the accident was inevitable or is properly characterized as an act of God. 38 Am J1st Negl § 4. A legal right must be violated in order that an action of tort may be maintained. The mere fact that a complainant may have suffered damage of the kind which the law recognizes is not enough. There must also have been a violation of a duty recognized by law. "Damnum" is not enough; there must also be "injuria." The maxim comes from the civil law. West Virginia Transp. Co. v Standard Oil Co. 50 W Va 611, 40 SE 591. Damnum absque injuria esse potest. There can be loss or damage without the violation of a legal right. One cannot always look to others to make compensation for injuries received, since many accidents occur, the consequences of which the sufferer must bear alone. To warrant the recovery of damages in any case, there must be a right of action for a wrong inflicted by the defendant, and damage resulting to the plaintiff therefrom. 1 Am J2d Actions § 70; 22 Am J2d Damg § 1. damnum et injuria. Loss and wrong, the two elements which must exist in combination as essentials of a cause of action. 1 Am J2d Actions § 70. damnum fatale. By the Roman law, an innkeeper was accountable for the value of property intrusted to his charge, though the loss occurred or the thing perished without his fault unless it happened damno fatale, or by the act of God. Under the term damnum fatale, the civilians included all those accidents which are summed up in the common-law expressions "act of God," or "public enemies," though perhaps it embraced some more which would not now be admitted as occurring from an irresistible force. Thickstun v Howard (Ind) 8 Blackford 535, 536. damnum infection. Threatened damage or loss. damnum rei amissae. A loss suffered through making a payment by mistake of law. damnum sine injuria. Loss or damage without the violation or infringement of a legal right. Such damage or loss can impose no liability on a defendant. Kingsley v Delaware, Lackawanna & Western R. Co. 81 NJL 536, 80 A 327. See damage without wrong; damnum absque injuria. Damnum sine injuria esse potest. There can be loss or damage without the violation of a legal right. damp. See black damp. dance. A recreation, also an art, in which the body, particularly the feet, sometimes the hands, move in rhythm and to music; a party at which the guests dance; a display of emotion, particularly of joy, sometimes of pain. dance hall. A place for public dancing, that is a place to which the public is admitted for dancing. Bungalow Amusement Co. v Seattle, 148 Wash 485, 269 P 1043, 60 ALR 166; a public hall primarily and predominantly, although not necessarily, exclusively devoted to dancing. Anno: 48 ALR 147, s. 60 ALR 173. Construed in accordance with ordinary usage of the term, a "dance hall" is a place maintained for promiscuous and public dancing, admission to which is not based upon personal selection or invitation. 4 Am J2d Amuse § 3. dance house. Same as dance hall. dancing school. A place for instruction in dancing and etiquette, particularly the etiquette of the dance. dandy-note. An English customs permit authorizing the removal of goods from a warehouse. danegelt. Dane-gold,–an ancient annual tax levied in England to provide funds for warfare with the Danes. danelage. Also written Dane-lage. The Danish law which was one of the three principal systems of laws at the beginning of the eleventh century. It was principally maintained in certain of the midland counties of England and also on the eastern coast, the part most exposed to the visits of pirates. See 1 Bl Comm 65. [305] danelaw. Same as danelage. danger. Peril; a likelihood of injury; a relative term, since all life is to some extent a surmounting of peril. In the general law of negligence it includes such contingent harm or injury as reasonable prudence ought to foresee and provide against, as probably in prospect. Drennen Co. v Jordan, 181 Ala 570, 983, 61 So 938, 23 ALR 981; an ancient duty which the tenant paid for leave to till the soil at certain seasons. dangerous. Unsafe; perilous; having at least some element of danger. See imminently dangerous; inherently dangerous. dangerous agency. See dangerous instrumentality. dangerous instrumentality. A basis for liability without fault in respect of injury to adjoining property or to persons upon adjoining property. 1 Am J2d Adj L § 11; a term of moment in reference to liability of an owner or possessor for negligence. 38 Am J1st Negl § 85; also, a term of practical application in considering the absolute liability of an employer for an injury inflicted upon a third person by an instrumentality in the hands of an employee. The term has reference to appliances or things dangerous in themselves, inherently dangerous. 35 Am J1st M & S § 547; 38 Am J1st Negl § 85. Only where a "dangerous agency" amounts to a nuisance, and is unnecessary under the existing social conditions, may the employer be held absolutely liable for injuries resulting from its use by an employee. 35 Am J1st M & S § 547. dangerous per se. Instrumentality is "dangerous per se" if it may inflict injury without the immediate application of human aid. Southern Cotton Oil Co. v Anderson, 80 Fla 441, 86 So 629, 16 ALR 255. dangerous premises. Grounds upon which there are pitfalls or hidden sources of danger to a pedestrian. 38 Am J1st Negl § 96. dangerous weapon. An instrument which, when used in the ordinary manner contemplated by its design and construction, will, or is likely to, cause death or great bodily harm. Barboursville ex rel. Bates v Taylor, 115 W Va 4, 174 SE 485, 92 ALR 1093. Whether an unloaded firearm is to be considered a dangerous weapon depends ordinarily upon the manner in which the instrument is used or attempted to be used, whether as a firearm or as a bludgeon. 56 Am J1st Weap § 4. dangers of lake navigation. All the ordinary perils which attend navigation on the Great Lakes, and among such perils, that which arises from shallowness of the waters at the entrance of harbors formed from them. Tyler v Defrees (US) 11 Wall 129, 20 L Ed 160. dangers of navigation. Those perils incident to a lawful course of navigation conforming to public regulations of which the vessel must take notice; natural accidents, peculiar to the sea, which do not happen by the intervention of man and are not preventable or avoidable by human prudence. The term is broader than acts of God and includes many accidents peculiar to navigation on the sea which would not come within that term. 48 Am J1st Ship § 454. See dangers of the sea; perils of the sea. dangers of the river. A term analogous to and of like import with "perils of the sea," including risks arising from natural accidents peculiar to the river, canal or lake, which do not happen by the intervention of man and are not to be prevented by human prudence, and has been extended to cover losses arising from some irresistible force or overwhelming power which no ordinary skill could anticipate or evade. 48 Am J1st Ship § 455. dangers of the sea. Perils of the sea, denoting natural accidents peculiar to the sea which do not happen by the intervention of man and are not to be prevented by the prudence of man. 48 Am J1st Ship § 454. Capture and plundering by pirates have been deemed included within the term as an exception to the general limitation to natural occurrences. Jones v Pitcher (Ala) 3 Stew & P 135. See perils of the sea. danger trees. Trees standing adjacent to the right of way of an electric power transmission line which, by reason of their size or condition involve a concrete threat of injury to the line. 26 Am J2d Electr § 146. danism. A usurious loan. dano. (Spanish.) Damage. dans. In; within. dans et retinens, nihil dat. A person who gives and retains possession, gives nothing. dapifer. A court officer whose functions were those of a steward. darbies. Handcuffs. dare. To give; to transfer; to convey; to risk; to hazard. dare ad remanentiam. To convey in fee simple. dareyne. Same as darrein. dark. Noun: The period of time after nightfall. Adjective: An absence or deficiency of light, as in the nighttime or after nightfall. Wichita Falls & NW Ry. Co. v Woodman, 64 Okla 326, 168 P 209. Darnell's Case. A celebrated English case, decided in 1627, which sustained the refusal of the defendant to subscribe to a forced loan. darraign. Same as deraign. darrein. Last. darrein continuance. The last continuance. See puis darrein continuance. darrein presentment. Last presentation; this was a writ or assize which lay when a man, or his ancestor, under whom he claimed, had presented a clerk to a benefice, who was instituted, and later a stranger presented a clerk, and thereby disturbed the real patron. The writ directed the sheriff to summon an assize or jury to determine who was the last patron, and upon their finding, a writ issued to the bishop to institute the clerk of the proper patron. See 3 Bl Comm 245. darrein seisin. The name of a form of plea which might be interposed by the tenant in his defense against a writ of right, and whereby the tenant alleged title and seisin to be in himself as against the demandant. Hunt v Hunt, 44 Mass (3 Met) 184. Dartmouth College Case. A very celebrated case–Dartmouth College v Woodward (US) 4 Wheat 518, 4 L Ed 629, decided by the United States Supreme Court in 1819, announcing the doctrine that a grant of corporate powers by the sovereign [306] to an association of individuals for public use constitutes a contract within the meaning of the Federal Constitution prohibiting state legislatures from passing laws impairing obligations of contract. 36 Am J2d Franch § 6. data. Collected information; known facts. Plural of datum. date. The time of an occurrence or happening; an indication of time, as upon a coin or an instrument. The date of a written instrument means the year, month, and day of its execution. Estate of Carpenter, 172 Cal 268, 156 P 464. The word is frequently used to designate the actual time when an event takes place; but as applied to written instruments, its primary signification is the time specified therein. This is the meaning which its derivation from the Latin "datus," meaning "given," most naturally suggests. This primary meaning is not time in the abstract, nor time taken absolutely, but, as its derivation indicates, it is the time given or specified–time in some way ascertained or fixed. The date of a deed is not the time when it was actually executed, but the time of its execution, as given or stated in the deed itself; the date of a charge in an account not necessarily the time when the article charged was actually furnished, but the time given or set down in the account in connection with such charge. Mutual Life Ins. Co. v Hurni Packing Co. 263 US 167, 174, 68 L Ed 235, 44 S Ct 90, 31 ALR 102, 107. date certaine. (French.). The date of the recording of an instrument. date of adjudication in bankruptcy. The date of the filing of any petition which operates as an adjudication, or the date of entry of a decree of adjudication, or, if such decree is appealed from, then the date when such decree is finally confirmed or the appeal is dismissed. Bankr Act § 1(12); 11 USC 1(12); 9 Am J2d Bankr § 264. date of issue. An arbitrary date fixed, as the beginning of the term for which notes and bonds of a series are to run, without reference to the precise time when convenience or the state of the market may permit of their sale or delivery. Yesler v Seattle, 1 Wash 308, 322, 25 P 1014, 1019; an arbitrary date noted in an insurance policy, rather than the date of execution or delivery. 29 Am J1st Ins § 518. date of judgment. The date of rendition of the judgment which is the day when the judgment is signed by the judge and filed with the clerk of court. Bell v McDermoth, 198 Cal 594, 246 P 805. Such is the date of the judgment from the standpoint of the judicial act in the rendition of a judgment. Clerical acts in entry, docketing, and spreading the judgment upon the records of the court, requisite in giving a judgment full effect, are subsequent to the rendition. 30A Am J Rev ed Judgm §§ 91 et seq. date of publication. For the purpose of determining the duration and expiration of a copyright, the "date of publication" is the earliest date when copies of the first authorized publication are placed on sale, sold, or publicly distributed by the proprietor of the copyright or under his authority. 17 USC § 26. See publication date. date wanted–as desired. A usual stipulation in mercantile agreements, the equivalent of on demand. Tampa Shipbuilding & Engineering Co. v General Constr. Co. (CA5 Fla) 43 F2d 309, 85 ALR 1178. datio. Same as dation. datio in adoptionem. (Roman law.) Given in adoption. Adoption is either arrogatio, when a man in his own right (homo sui juris) is adopted or datio in adoptionem, when a filius familias of him who has such person in his power is given to another for adoption. See Mackeldey's Roman Law § 592. datio in solutum. An accord and satisfaction under the civil law, wherein the payment was made in property and not in money. dation. A giving or transfer in the fulfillment of a duty; an appointment, as to an office. dation en paiement. A proceeding under the law of Louisiana whereby a debtor conveys property to his creditor, and the creditor accepts the conveyance as payment of the debt. Bradley v Claflin, 132 US 379, 385, 33 L Ed 367, 370, 10 S Ct 125. dative. That which a person may give or appoint to at will, as an office; given or appointed. See decree dative. dative curatorship. See dative tutorship. dative tutorship. Also called "dative curatorship," –a tutorship or curatorship which is conferred by a family meeting on a person having charge of a minor, or of an interdict. Interdiction of Bothick, 43 La Ann 547, 9 So 477. Da tua dum tua sunt, post mortem tunc tua non sunt. Give that which is yours while it is yours; after death it is not yours. datum. That which is delivered; executed; a date. datur digniori. It is given to the more worthy. d'aubaine. See droit d'aubaine. daughter. A girl or woman who is the child in a parent and child relationship; a word which is not a technical legal term having a fixed and definite meaning, but one which is flexible and subject to construction to give effect to the intention of the maker of the instrument in which it appears. Conner v Gardner, 230 Ill 258, 82 NE 640. The designation "daughter" appearing in a will may serve to indicate the inclusion of an illegitimate child of the testator among his beneficiaries. 10 Am J2d Bast § 141. dauphin. The eldest son of the king of France was so called. Davies v Mann. A celebrated English case reported in 10 Mees & W 546, 152 Eng Reprint 588, 19 ERC 190, to which the origin of the rule of last clear chance is traced. The case is often referred to as the Donkey Case because it was a donkey which was injured by the defendant's act. Davis-Bacon Act. A federal statute with minimum wage provisions in reference to employees of contractors engaged in federal public works. 40 USC § 276a. Davis Case. A leading case in reference to the validity of a foreign divorce. Davis v Davis, 305 US 32, 83 L Ed 26, 59 S Ct 3, 118 ALR 158. day. A manifestation of the natural phenomena of the rotation of the earth. 29 Am J2d Ev § 100; a division of time, consisting of twenty-four hours, [307] the period which elapses while the earth makes a complete revolution on its axis, running from midnight to midnight. State ex rel. State Pharmaceutical Association v Michel, 52 La Ann 936, 27 So 566. See calendar day; fraction of a day. day-book. An account-book of original entry in which transactions are set down as they occur. daybreak. The dawn or first appearance of light in the morning. Sullivan v Chicago City R. Co. 167 Ill App 152. day burglary. A statutory offense sometimes called daytime burglary, the distinctive element being the commission of the offense in the daytime. 13 Am J2d Burgl § 23. day in court. A phrase meaning nothing less than due process, that is the right to, and opportunity for, a hearing. 16 Am J2d Const L § 569. A "day in court" means an opportunity to be heard after notice to appear, and is denied a corporation where no officer or agent bearing the duty to defend actions is given notice of the pending action until after judgment. Townsend v Carolina Coach Co. 231 NC 81, 56 SE2d 39, 20 ALR2d 1174. It is sufficient if the record shows that the parties might have had their controversies determined according to their respective rights if they had presented all their evidence and the court had applied the law. Olsen v Muskegon Piston Ring Co. (CA6 Mich) 117 F2d 163. day laborer. A person employed by the day to perform manual labor. Briscoe v Montgomery & Co. 93 Ga 602. daylight. The natural light of daytime; dawn; daylight. See de die claro. daylight saving time. Time advanced for the purpose of taking advantage of the longer periods of daylight during the summer months. 52 Am J1st Time § 4; achieved by advancing clock or other timepiece one hour; prevailing from the last Sunday of April at 2 A. M. to the last Sunday of October at 2 A. M. under Act of Congress, for all states, the District of Columbia, and possessions of the United States, except as any state may exempt itself by statute from using such time. day of 24 hours. A period designated for the purpose of expressing with certainty and precision the exact period during which the capacity of a distillery for production is to be ascertained or fixed for tax purposes. Chicago Distilling Co. v Stone, 140 US 647, 35 L Ed 532, 11 S Ct 862. day-rule. An order of court permitting a prisoner to spend a day out of prison. days in bank. Days set by law for the return of writs or for the appearance in court of the parties served; default day. daysman. An arbiter. days of grace. An additional three days following the date specified for payment in a negotiable instrument, allowed the obligor under the rule of law merchant and perhaps in a very few states, although not in respect of checks. Bull v First Nat. Bank, 123 US 105, 31 L Ed 97, 8 S Ct 62; an allowance of three days to the debtor to make payment, beyond the time at which by the terms of the contract, it becomes due and payable. Bell v First Nat. Bank, 115 US 373, 29 L Ed 409, 6 S Ct 105; an extended period, usually 30 days, under statute or contractual provision, for the payment of premiums under a life insurance policy. 29 Am J Rev ed Ins § 519; additional opportunity to obey appellate court order. 4 Am J2d A & E § 238. day's work. The number of hours, as prescribed by statute, constituting a lawful day's work, unless otherwise agreed by the parties. 31 Am J Rev ed Lab § 780. Such statutes are to be distinguished from those which limit absolutely the length of a working day. In underground metal mining, the workday starts when the miner reports for duty as required at or near the collar of the mine, and ends when he reaches the collar at the end of the shift. It also includes the aggregate of the time spent on the surface in obtaining and returning lamps, carbide and tools and in checking in and out, but it does not include any fixed lunch period of one-half hour or more during which the miner is relieved of all duties, even though the lunch period is spent underground. MeWhirter v Otis Elevator Co. (DC SC) 40 F Supp 11. See hours of labor; Portal to Portal Pay Act. daytime. The period of daylight, commencing before sunrise and continuing a while after sunset, during which it is possible to discern the face of a person or object by natural light. 13 Am J2d Burgl §§ 23, 24. daytime burglary. See day burglary. daywere. A quantity of land which could be ploughed in one day. day-writ. Same as day-rule. dazzling light. In reference to automobile headlights, high, as opposed to low, headlight beams. People v Meola, 7 NY2d 391, 198 NYS2d 276, 165 NE2d 851. D. B. Abbreviation of Domesday Book. d. b. e. An abbreviation of de bene esse. d. b. n. An abbreviation of de bonis non. See administrator d. b. n. D. C. Abbreviation of district court also of District of Columbia, and of Doctor of Chiropractic. D. C. L. Letters representing the university degree of "doctor of civil law." dd. Abbreviation of delivered. d. d. An abbreviation of "days after date." D. D. Abbreviation of demand draft and of Doctor of Divinity. D. D. S. Abbreviation of Doctor of Dental Science. D. E. Abbreviation of Doctor of Engineering. de. (French and Latin.) From; of; concerning; among. deacon. The assistant of a priest or other clergyman. In some Protestant denominations, a member of the governing board of a church or congregation. de acquirendo rerum dominio. Of acquiring the control of things. dead. Without life; of no effect. dead animal. A carcass which in some way endangers the public health or contributes to the discomfort of the populace. Anno: 121 ALR 743, 747. dead beat. (Slang.) Noun: A person who does not pay his bills and has no property out of which the