381.

198; Lynde v. Lynde, 64 N. J. Eq. 736, 52 Atl. 604, 58 L. R. A. 471, 97 Am. St.

916. See MERCANTILE. Commerent. An officer in the consular serv-

338.

300.—Contempiat on. of insolveney. nowledge of, and action with reference to, an existing or contemplated state of insolvency, with a design to make provision against its results or to defeat the operation of the insolvency laws. Robinson v. Bank, 21 N. Y. 411; Paulding v. Steel Co, 94 N. Y. 338;

229.

541.

32.—Dies legitimus. In the civil and old Pnglish law. A lawful or law day; a term day; a day of appearance.—Dies marchiss. In old English law. The day of meeting of English and Scotch, which was annually held on the marches or borders to adjust their differences and preserve peace.—Dies nefasti. In Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies non juridici of the Enelish law. Mackeld. Rom. Law, § 39, note.—Dies non. An abbreviation of Dies non juridtcus, (9. v.)—Dies non juridicus. In ractice. day not juridical; not a court ay. A day on which courts are not open for business, such as Sundays and some holidays. Havens v. Stiles. 8 Idaho, 250, 67 Pac. 921, 56 L. R. A. 736, 101 Am. St. Rep. 195; State v. Ricketts, 74 N. C. 193.—Dies pacis. (Day of peace.) The year was formerly divided into the days of the peace of the church and the days of the peace of the king, including in the two divisions all the days of the year. Crabb, Eng. Law, 35.—Dies solaris. In old English law. A solar day, as distinguished from what was called “dies lunaris,” (a lunar day;) both composing an artificial day. Bract. fol. 264. See Day.—Dies solis. In the civil and old English Jaw. Sunday, (literally, the day of the sun.) See Cod. 3, 12, 7.-Dies utiles. Juridical days; useful or available days. A term of the Roman law, used to designate those especial days occurring within the limits of a prescribed period of time upon which it was lawful, or possible, to do a specific act.

806; Hoover v. King, 48 Or. 281, 72 Pac. 880, 65 L. R. A. 790, 99 Am. St. Rep. 754; Hawkins v. Reichert, 28 Cal. 536.

601.

875; Coogler v. Rogers, 25 Fla. 853, 7 South. 391; Merchants’ Nat. Bank v. State

1112.—Corroborative evidence. Strengthening or confirming evidence; additional evidence of a different character adduced in support of the same fact or proposition. Code

507.—Mathematical evidence. Demonstrative evidence; such as_ establishes its conclusions with absolute necessity and certainty. It is used in contradistinction to moral evidence.—Moral evidence. As opposed to ‘“‘mathematical”’ or “demonstrative” eyidence, this term denotes that kind of evidence which, without developing an absolute and necessary certainty, generates a high degree of probability or persuasive force. It is founded upon analogy or induction, experience of the ordinary course of nature or the sequence of

949.

968.

498; State v. Harris, 27 N. C. 204.

920. On the other hand, lunacy is a total deprivation or suspension of the ordinary powers of the mind, and is to be distinguished from imbecility, where there is a more or less advanced decay and feebleness of the intellectual faculties. In re Vanauken, 10 N. J. Eq. 186, 195; Odell v. Buck, 21

1002; Horton v. State, 63 Neb. 34, 88 N. W. 146.

436.—Net premium. In the business of life insurance, this term is used to designate that portion of the premium which is intended to meet the cost of the insurance, both current and future; its amount is calculated upon the basis of the mortality tables and upon the assumption that the company will receive a certain rate of interest upon all its assets; it does not include the entire premium paid by the assured, but does include a certain sum for expenses. Fuller v. Metropolitan L.

701; Moller v. Presbyterian Hospital, 65 App. Div. 134, 72 N. ¥. Supp. 483; Barrow v. Richard, 8 Paige (N. Y.) 360, 35

1011.

746.—Constructive scisin. l Seisin in law where there is no seisin in fact; as where the state issues a patent to a abit who never takes any sort of possession of the lands