DEF 



DEF 



him, in his presence, or with his direc- 

 tion ; or, in his absence, by an agent au- 

 thorized so to do by another deed, also 

 under seal ; and in every such case the 

 deed must be made and executed in the 

 name of the principal. 



A deed takes effect only from the day 

 of delivery, and therefore, if it have no 

 date, or a date impossible, the delivery 

 will in all cases ascertain the date of it ; 

 and if another party seal the deed, yet, if 

 the party deliver it himself, he thereby 

 adopts the sealing and signing, and by 

 such delivery makes them both his own. 

 The delivery of a deed may be alleged at 

 any time after the date, but, unless it be 

 sealed, and regularly delivered, it is no 

 deed. Another requisite of a deed is, 

 that it be properly witnessed or attested : 

 the attestation is, however, necessary, 

 rather for preserving the evidence, than 

 as intrinsically essential to the validity of 

 the instrument. 



There are four principles adopted by 

 the courts of law for the exposition of 

 deeds ; viz. 1. That they be beneficial to 

 the grantee or person in whose favour 

 they are intended to operate. 2. That 

 where the words may be employed to 

 some interest, they shall not be void. 3. 

 That the words be construed according 

 to the meaning of the parties, and not 

 otherwise ; and the intent of the parties 

 shall be carried into effect, provided 

 such intent can possibly stand at law. 4. 

 That they are to be consonant to the rules 

 of law, and deeds shall be expounded rea- 

 sonably, without injury to the grantor, 

 and to the greatest advantage of the 

 grantee. Deeds are further expounded 

 upon the whole ; and if the second part 

 contradict the first, such second part shall 

 be void ; but if the latter expound .or ex- 

 plain the former, which it may, both parts 

 may stand. 



In construction of law, the first deed 

 and the last will stand in force; and 

 where a deed is by indenture between 

 parties, none can have an action upon 

 such deed, but the person who is a party 

 to it. In a deed-poll, however, one per- 

 son may covenant with another, who is 

 not a party, to do certain acts ; for the 

 non-performance of which he may bring 

 his action. 



Where a man justifies title under any 

 deed, he ought to produce that deed ; if 

 it be alleged in pleading, it must be pro- 

 duced to the court, that it may determine 

 whether the deed contain sufficient words 

 to make a valid contract. 



DEER. See CERVCS. 



DEFAMATION, the offence of speak- 



ing slanderous words of another; an3 

 where any person circulates any report 

 injurious to the credit or character of 

 another, the party injured may bring an 

 action to recover damages proportioned 

 to the injury he has sustained ; but it is 

 incumbent upon the party to prove that he 

 has sustained an injury, to entitle him to 

 damages. In some cases, however, as 

 for words spoken, which, by law, are in 

 themselves actionable, as calling a trades- 

 man a bankrupt, a cheat, or swindler, &c. 

 there is no occasion to prove any particu- 

 lar damage, but the plaintiff must be par- 

 ticularly attentive to state words precisely 

 as they were spoken, otherwise he will 

 be nonsuited. 



DEFAULT is commonly taken for 

 non-appearance in court at a day assign- 

 ed ; if a plaintiff make default in appear- 

 ance in a trial at law, he will be non- 

 suited ; and where a defendant makes a 

 default, judgment shall be had against 

 him by default. 



DEFAULT of jurors. If jurors make de- 

 fault in their appearanre for trying of 

 causes, they shall forfeit their issues, 

 unless they have any reasonable excuse, 

 proved by witnesses, in which case the 

 justices may discharge the issues for de- 

 fault. 



DEFENCE, in fortification, all sorts of 

 works that cover and defend the opposite 

 posts, as flanks, casemates, parapets, and 

 faussebrays. See FORTIFICATIONS. 



DEFENDER of the Faith, a peculiar 

 title given to the King of England ; by 

 Pope Leo the Tenth to King Henry the 

 Eighth, for writing against Martin Lu- 

 ther, in behalf of the Church of Rome, 

 then accounted domicilium fidei catho- 

 lic . 



DEFERENTIA vasa. See AXATOMT. 



DEFICIENT numbers, those whose 

 parts or multiples, added together, fall 

 short of the integer whereof they are the 

 parts; such is 8, its parts, 1, 2, 4, making 

 6nly 7. See NUMBER. 



DEFILE, in fortification, a straight nar- 

 row passage, through which a company of 

 horse or foot can pass only in tile, by mak- 

 ing a small front, so that the enemy may 

 take an opportunity to stop their march, 

 and to charge them with so much the 

 more advantage, in regard that those in 

 the front and rear cannot reciprocally 

 come to the relief of one another. 



DEFINITE, in grammar, is applied to 

 an article that has a precise determinate 

 signification ; such as the article the in 

 English, le and la in French, &c. which 

 fix and ascertain the noun they belong 

 to, to some particular, as the King, le Roy; 



