Dig
Categories: Contracts
Definition (1910 Edition)
47, 14, 3, 2. See Cod. 9, 37; Nov. 22, ce 15, § 1; 4 Bl. Comm. 239.
15,.4; Cod. 4, 26.—Actio quod metds causa. An action granted to one who had been compelled by unlawful force, or fear (metas causa) that was not groundless, (metus probabtlie or justus,) to deliver, sell, or promise a thing to another. Bract. fol. 1080; Mackeld. Rom. Law, § 226.—Actio realis. .A real action. The proper term in the civil law was ret vindicatio. Inst. 4, 6, 3.—Actio redhibitorla. An action to cancel a sale in consequence of defects in the thing sold. It was prosecuted to compel complete restitution to the seller of the thing sold, with its produ
48, 5, 4, pr.; Id. 48, 5, 15, 8.
21. 1. See Cod. 4, 58.
50, 16, 1384; Id. 182; Calvin.
32, 1, 3.
49, 6. See APOSTLES.
43, 20, 1, 3, 4—_Aqua currens. Ruuning water.—Aqua dulcis, or frisca. Fresh water. Reg. Orig. 97; Bract. fols. 117, 135.—
1, 7, 5; Inst. 1, 11, 3. Reinders v. Koppelmann, 68 Mo. 497, 3% Am. Rep. 802
50, 17, 57; Broom, Max. 338, note;
4, 9, 4, 5.
47, 13.
50, 16, 53.
1, 4, 4. Later laws prevail over those which preceded them.
2, 1, 2. The grant of jurisdiction implies the grant of all powers necessary to its exercise. 1 Kent, Comm. 339.
4, 9.3.1; Story, Bailm. § 465. The civjlians included in the phrase “dumnum fatale” all those accidents which are summed up in the common-law expression, “Act of God or public enemies;” though, perhaps, it embraced some which would not now be admitted as occurring from an irresistible force. Thickstun v. Howard, 8 Blackf. (Ind.) 535.—Damnum infectum. In Roman law. Damage not yet committed, but threatened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quasi-delict, because of the imminence of the danger—Damnanm rei amisss. In the civil law. A loss arising from a payment made by a party in consequence of an error of
41, 1; Bract. Hb. 2, fol. 8b.
4, 5. The name of a title in the Pandects. See CapitTis DEMINUTIO.
50, 17.
19, 4; Id. 19, 5, 5; 2 Bl. Comm. 444.
2, 14, 7, § 9. An agreement induced by fraud cannot stand.
50, 16, 6. See Calvin.
47, 19; Cod. 9, 32.
6, 1, 44; 2 Bouv. Inst. no. 1578
38, 10, 4, 6.
50, 17, 80.
40, 9, 12, 1; 3 Bl. Comm. 430.
50, 13, 1, 10-12. 7
50, 17, 185; Broom, Max. 249.
50, 17, 90; Story, Bailm. § 257.
2, 4, 7, 8; Id. 4, 2, 9, 1
50, 17, 192, 1.
2, 14, 4, pr. The phrase is adopted in Scotch law. See Bell.
32, 65, 5.
50, 17,
1, 1, 10, 2; Inst. 1, 1, 1. This defini tion is adopted by Bracton, word for word
1, 1, 10.
32, 64. So called because the Romans used to let out their money and receive the interest on the calends of each month. Calein. :
50, 16, 218, 2.
tit. 82, c. 11—Mining lease. See MINING.—Parol lease. A lease of real estate not evidenced by writing, but resting in an oral agreement.—Perpetual lease. A lease of lands which may last without limitation as to time: a grant of lands in fee with the res ervation of a rent in fee; a fee-farm. Edwards v. Noel, 88 Mo. App. 434.—S8ublease, or umderlease. One executed by the lessee of an estate to a third person, conveving the same estate for a shorter term than that for which the lessee holds it.
50, 17, 106.
50, 4, 18, 10; Cod. 7, 16, 38.
50, 16, 234, L :
14, 1, 1, 1, 5.—Magister palatii. Master of the palace or of the offices. An officer under the Roman Empire bearing some resemblance to the modern lord chamberlain. Tayl. Civil Law, 37.—Magister societatis. In the civil law. The master or manager of a prrt nership; a managing partner or general agent; a manager specially chosen by a firm to administer the affairs of the partnership. Story,
38, 10, 10, A greater aunt; a
4,
50,.17, 108.
50, 17, 186.
50, 17, 176.
1, 3, 37; Broom, Max. 931; Lofft, 237.
50, 16, 157.
50, 16, 164, 1.
32, 81, 2. ?
2, 15, 8, pr.; Broom, Max. 697.
41, 5. See Id.
88, 10, 4, 6.
2, 14, 27, L
50, 16, 190.
50, 17, 2038.
50, 17, 67.
29, 2, 95.
8; Cowell. And see Michaels vy. Fishel, 169 N. Y. 381, 62 N. E. 425; Earl Orchard
1, 8, 9, 5.
50, 17, 147.
8, 3, 20.—Servitus aqus hauriends. The servitude or right of draining water from another’s spring or well. Inst. 2, 3, 2— Servitua cloacse: mittends. The servitude or right of having a sewer throvgh the house or ground of one’s neighbor. at 8, 1, T— tus fumi immittendi. he servitude or right of leading off smoke or vapor through the chimney or over the ground of one’s ae, el bor. Dig. 8, 5, 5-7.—Servitus itiner The servitude or privilege of walking, riding, and being carried over another’s ground. Inst. 2,3, pr. A oe of Hien of way.—Servitus lauminum, e servitude of lights: the right of making or having windows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one’s building.
8, 2, 4.—Servitus me luminibus officiatur. A servitude not to hinder lights; the right of having one’s lights or windows unobstructed or darkened by a neighbor’s building, etc. Inst. 2, 3, 4.—Servitus ne prospectus offendatur. A servitude not to truct one’s prospect, é. c., not to intercept the view from one’s house. Dig. 8, 2, 15.—Servitus oneris ferendi. The servitude of bearing weight; the right to let one’s building rest upon the building, wall, or pillars of one’s neighbor. Mackeld. Rom. Law, § 317.—Servitus pascendi. The servitude of pasturing; the right of pasturing one’s cattle on another’s ground; otherwise called “jus pascendi.” Inst. 2, 3, 2. —Servitus pecoris ad aquam adpulsam. A right of driving one’s cattle on a neighbor's land to water.—Servitus predii rustici. The servitude of a rural or country estate: a rural servitude. Inst. 2, 3, pr., and 3.—Servitus preedii urbani. The servitude of an urban or city estate; an urbah servitude. Inst. 2, 3. 1.—Servitus preediorum. A predial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst. 2, 3, 3.—Gervitus projiciendi. The servitude of projecting; the right of building a proseenon from one’s house in the open space longing to one’s neighbor. Dig. 2, 2.—_ Servitus prospectus. <A right of prospect. This may be either to give one a free prospect over his neighbor’s land or to prevent a neighbor from having a prospect over one’s own land. Dig, 8, 2. 15; Domat, 1, 1, 6.—Servitus stillicidii. The right of drip; the right of having the water drip from the eaves of one’s house upon the house or ground of one’s neighbor. Inst. 2. 3, 1, 4; Dig. 8, 2, 2—Servitus tigni immittendi. The servitude of letting in a beam; the right of inserting beams in a neighbor’s wall. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. —Servitus wise. The-servitude or right of way; the right of walking, riding, and driving over anothers land. Inst. 2, 8, pr.
3, 4, 7, 1.
50, 16, 74.
21, 2,1; Broom, Max. 768
17, 2.
28, 1,1; 2 Bl. Comm. 499.
50,
41, 1, 20, pr.
22, 1.
43, 8, 2. 21.—Yia regia. In English law. The king’s highway for all men. Co. Litt. Sa. The highway or common road, called “the king’s” highway, because authorized by him and under his protection. Cowell.
15,.4; Cod. 4, 26.—Actio quod metds causa. An action granted to one who had been compelled by unlawful force, or fear (metas causa) that was not groundless, (metus probabtlie or justus,) to deliver, sell, or promise a thing to another. Bract. fol. 1080; Mackeld. Rom. Law, § 226.—Actio realis. .A real action. The proper term in the civil law was ret vindicatio. Inst. 4, 6, 3.—Actio redhibitorla. An action to cancel a sale in consequence of defects in the thing sold. It was prosecuted to compel complete restitution to the seller of the thing sold, with its produ
48, 5, 4, pr.; Id. 48, 5, 15, 8.
21. 1. See Cod. 4, 58.
50, 16, 1384; Id. 182; Calvin.
32, 1, 3.
49, 6. See APOSTLES.
43, 20, 1, 3, 4—_Aqua currens. Ruuning water.—Aqua dulcis, or frisca. Fresh water. Reg. Orig. 97; Bract. fols. 117, 135.—
1, 7, 5; Inst. 1, 11, 3. Reinders v. Koppelmann, 68 Mo. 497, 3% Am. Rep. 802
50, 17, 57; Broom, Max. 338, note;
4, 9, 4, 5.
47, 13.
50, 16, 53.
1, 4, 4. Later laws prevail over those which preceded them.
2, 1, 2. The grant of jurisdiction implies the grant of all powers necessary to its exercise. 1 Kent, Comm. 339.
4, 9.3.1; Story, Bailm. § 465. The civjlians included in the phrase “dumnum fatale” all those accidents which are summed up in the common-law expression, “Act of God or public enemies;” though, perhaps, it embraced some which would not now be admitted as occurring from an irresistible force. Thickstun v. Howard, 8 Blackf. (Ind.) 535.—Damnum infectum. In Roman law. Damage not yet committed, but threatened or impending. A preventive interdict might be obtained to prevent such damage from happening; and it was treated as a quasi-delict, because of the imminence of the danger—Damnanm rei amisss. In the civil law. A loss arising from a payment made by a party in consequence of an error of
41, 1; Bract. Hb. 2, fol. 8b.
4, 5. The name of a title in the Pandects. See CapitTis DEMINUTIO.
50, 17.
19, 4; Id. 19, 5, 5; 2 Bl. Comm. 444.
2, 14, 7, § 9. An agreement induced by fraud cannot stand.
50, 16, 6. See Calvin.
47, 19; Cod. 9, 32.
6, 1, 44; 2 Bouv. Inst. no. 1578
38, 10, 4, 6.
50, 17, 80.
40, 9, 12, 1; 3 Bl. Comm. 430.
50, 13, 1, 10-12. 7
50, 17, 185; Broom, Max. 249.
50, 17, 90; Story, Bailm. § 257.
2, 4, 7, 8; Id. 4, 2, 9, 1
50, 17, 192, 1.
2, 14, 4, pr. The phrase is adopted in Scotch law. See Bell.
32, 65, 5.
50, 17,
1, 1, 10, 2; Inst. 1, 1, 1. This defini tion is adopted by Bracton, word for word
1, 1, 10.
32, 64. So called because the Romans used to let out their money and receive the interest on the calends of each month. Calein. :
50, 16, 218, 2.
tit. 82, c. 11—Mining lease. See MINING.—Parol lease. A lease of real estate not evidenced by writing, but resting in an oral agreement.—Perpetual lease. A lease of lands which may last without limitation as to time: a grant of lands in fee with the res ervation of a rent in fee; a fee-farm. Edwards v. Noel, 88 Mo. App. 434.—S8ublease, or umderlease. One executed by the lessee of an estate to a third person, conveving the same estate for a shorter term than that for which the lessee holds it.
50, 17, 106.
50, 4, 18, 10; Cod. 7, 16, 38.
50, 16, 234, L :
14, 1, 1, 1, 5.—Magister palatii. Master of the palace or of the offices. An officer under the Roman Empire bearing some resemblance to the modern lord chamberlain. Tayl. Civil Law, 37.—Magister societatis. In the civil law. The master or manager of a prrt nership; a managing partner or general agent; a manager specially chosen by a firm to administer the affairs of the partnership. Story,
38, 10, 10, A greater aunt; a
4,
50,.17, 108.
50, 17, 186.
50, 17, 176.
1, 3, 37; Broom, Max. 931; Lofft, 237.
50, 16, 157.
50, 16, 164, 1.
32, 81, 2. ?
2, 15, 8, pr.; Broom, Max. 697.
41, 5. See Id.
88, 10, 4, 6.
2, 14, 27, L
50, 16, 190.
50, 17, 2038.
50, 17, 67.
29, 2, 95.
8; Cowell. And see Michaels vy. Fishel, 169 N. Y. 381, 62 N. E. 425; Earl Orchard
1, 8, 9, 5.
50, 17, 147.
8, 3, 20.—Servitus aqus hauriends. The servitude or right of draining water from another’s spring or well. Inst. 2, 3, 2— Servitua cloacse: mittends. The servitude or right of having a sewer throvgh the house or ground of one’s neighbor. at 8, 1, T— tus fumi immittendi. he servitude or right of leading off smoke or vapor through the chimney or over the ground of one’s ae, el bor. Dig. 8, 5, 5-7.—Servitus itiner The servitude or privilege of walking, riding, and being carried over another’s ground. Inst. 2,3, pr. A oe of Hien of way.—Servitus lauminum, e servitude of lights: the right of making or having windows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one’s building.
8, 2, 4.—Servitus me luminibus officiatur. A servitude not to hinder lights; the right of having one’s lights or windows unobstructed or darkened by a neighbor’s building, etc. Inst. 2, 3, 4.—Servitus ne prospectus offendatur. A servitude not to truct one’s prospect, é. c., not to intercept the view from one’s house. Dig. 8, 2, 15.—Servitus oneris ferendi. The servitude of bearing weight; the right to let one’s building rest upon the building, wall, or pillars of one’s neighbor. Mackeld. Rom. Law, § 317.—Servitus pascendi. The servitude of pasturing; the right of pasturing one’s cattle on another’s ground; otherwise called “jus pascendi.” Inst. 2, 3, 2. —Servitus pecoris ad aquam adpulsam. A right of driving one’s cattle on a neighbor's land to water.—Servitus predii rustici. The servitude of a rural or country estate: a rural servitude. Inst. 2, 3, pr., and 3.—Servitus preedii urbani. The servitude of an urban or city estate; an urbah servitude. Inst. 2, 3. 1.—Servitus preediorum. A predial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst. 2, 3, 3.—Gervitus projiciendi. The servitude of projecting; the right of building a proseenon from one’s house in the open space longing to one’s neighbor. Dig. 2, 2.—_ Servitus prospectus. <A right of prospect. This may be either to give one a free prospect over his neighbor’s land or to prevent a neighbor from having a prospect over one’s own land. Dig, 8, 2. 15; Domat, 1, 1, 6.—Servitus stillicidii. The right of drip; the right of having the water drip from the eaves of one’s house upon the house or ground of one’s neighbor. Inst. 2. 3, 1, 4; Dig. 8, 2, 2—Servitus tigni immittendi. The servitude of letting in a beam; the right of inserting beams in a neighbor’s wall. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. —Servitus wise. The-servitude or right of way; the right of walking, riding, and driving over anothers land. Inst. 2, 8, pr.
3, 4, 7, 1.
50, 16, 74.
21, 2,1; Broom, Max. 768
17, 2.
28, 1,1; 2 Bl. Comm. 499.
50,
41, 1, 20, pr.
22, 1.
43, 8, 2. 21.—Yia regia. In English law. The king’s highway for all men. Co. Litt. Sa. The highway or common road, called “the king’s” highway, because authorized by him and under his protection. Cowell.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain.
UK commentary and modern updates are original additions. This entry is for educational
reference only and does not constitute legal advice.