D E E 
DEE 
and sufficient consideration ; not upon an 
usurious contract, nor upon fraud or collusion, 
either to deceive bona tide purchasers, or 
just and lawful creditors ; any ot which con- 
siderations will vacate the deed, and subject 
the parties to forfeiture, and in some cases 
to imprisonment. 
A deed also without any consideration is 
void, and is construed to enure only to the 
benefit of the party making it. 
Considerations may be express or implied. 
An express consideration, is where a man 
contracts to do a certain act for a certain 
sum of money, or other equivalent act ; and 
an implied consideration is, when it may be 
enforced by law; thus it a person does any 
work, or receives any goods from another, 
the law implies a consideration, which it will 
enforce although there was no specific agree- 
ment for remuneration. 
A deed must be written upon the proper 
stamps prescribed by the legislature, other- 
wise it cannot be given in evidence. See 
Stamps. 
The written matter of a deed must be set 
forth in a legal and orderly manner, so that 
there are words sufficient to explain the 
meaning of the parties, and at the same time 
to bind them to the execution of tlieir con- 
tract; and of this sufficiency the courts of 
law are to determine. Although it is not 
indeed absolutely necessary in law, to have 
all the formal words which are usually drawn 
out in deeds, provided there are sufficient 
words legally and clearly to explain the 
meaning of the parties ; yet as these formal or 
orderly parts are calculated to convey the 
meaning of the parties in the most clear, dis- 
tinct, and effectual manner, and have been 
well considered and sanctioned by the wis- 
dom of successive ages, it is prudent not to 
depart from them without good reason, and 
the most urgent necessity. 
The force and effect which the law of Eng- 
land gives to a deed under seal, cannot 
exist, unless such deed is executed by the 
party himself, or by another for him, in his 
presence, or with his direction ; or in his ab- 
sence by an agent authorised so to do, by an- 
other 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 has no date, or a 
date impossible, the delivery will in all cases 
ascertain the date ! of it ; and if another partv 
seals the deed, yet if the party delivers it 
himself, he 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 is 
sealed, and regularly- delivered, it is no 
deed. 
Another requisite of a deed is, that it be 
properly witnessed or attested; the attes- 
tation is, however, necessary rather for pre- 
serving the evidence, than as intrinsically i 
essential to the validity of the instru- : 
ment. 
There are four principles adopted by the 
courts of law for the exposition of deeds, 
viz. 
That they be beneficial to the grantee, or 
person in whose favour they are intended 
to operate. 
That where the words may be employed 
to some interest, they shall not be void. 
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. 
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 g: antee. Deeds 
are further expounded upon the whole; and 
if the second part contradicts the first, such 
second part shall be void ; but if the latter ex- 
j pounds or explains 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 person may covenant with another who 
i is not a party, to do certain acts, for the non- 
performance of which he may bring his ac- 
tion. 
Where a man justifies title under any deed, 
! he ought to produce that deed ; if it be al- 
! leged in pleading, it must be produced to 
I the court, that it may determine whether the 
i deed contains sufficient words to make a va- 
j lid contract. 
Deed-poll, Is a deed polled, or shaved, 
quite even ; in contradistinction from an in- 
| denture, which is cut unevenly, and aiiswer- 
j able to another writing that’ comprehends 
! the same words. A deed-poll is properly 
single, or of one part, and is intended for the 
use of feoffee, grantee, or lessee ; an inden- 
ture always consists of two or more parts and 
parties. Every deed that is pleaded, shall 
be intended to be a deed-poll, unless it is 
alleged to be indented. 
DEEMSTERS, or demsters. All contro- 
versies in the Isle of Man are decided with- 
out process, writings, or any charges, by cer- 
tain judges chosen yearly from among them- 
selves, called deemsters; there being two of 
them for each division of the island: they sit 
as judges in all courts, either for life or pro- 
perty; and with the advice of the twenty-four 
keys, declare what is law in uncommon emer- 
gencies, 
DEEP SEA-LINE, or dip sea-line, in the 
sea-language, a small line to sound with: some 
a hundred and fifty fathoms long, with a 
hollow plummet at the head, and tallow put 
into it, to bring up stones, gravel, sand, shells, 
and the like, from the bottom, in order to 
know the differences of the ground ; which 
being entered from time to time in their 
books, by comparing of observations, they 
guess by their soundings, &c. what coasts 
they are on, though they cannot see land. 
DEER. See Cervus. 
Deer-stealers are punishable by va- 
rious laws and statutes, made from time to 
time. Any offender convicted of deer-steal- 
ing, before a judge of gaol-delivery, may 
be transported, by 5 Geo. I. cap. xxviii. 
And it is felony for persons to appear armed 
and disguised in a forest or park, and hunt or 
kill the deer, by 6 Geo. I. cap. xxii. 
DE ESSEN DO quietem de tolonio, 
in law, a writ which lies for those who, by 
privilege, are free from the payment of 
toll. 
DE EXPENSIS militum, in law, an an- 
il 
D E F 
tient writ, commanding the sheriff to levr 
the expences of a knight of the shire, for his! 
attendance in parliament, being four shillings] 
a day. 'i here is also another writ of the like 
nature, de expensis civiura 4’ burgeni.sn/n, 
for levying two shillings a day for the ex- 
pences ol every citizen and burgess of par- 
liament. 
DE FACTO, something actually in fact, 
or existing ; in contradistinction to de jure, 
where a thing is only so injustice, but not in 
fact : as a king de facto is a person that is in i 
actual possession of a crown, but has no legal ; 
right to the same ; and a king de jure 5 is] 
the person who Has just right to the crown, I 
though he is out of possession of it. 
D IT AM A I ION, the offence of speaking i 
slanderous words of another; and where any I 
person circulates any report injurious to] 
the credit or character of another, the party 
injured may bring an action to recover da-1 
mages proportioned to the injury he has j 
sustained; but it is incumbent upon the party] 
to prove he sustained an injury, to entitle j 
him to damages. In some cases however, j 
as for words spoken which by law are in them- 
selves actionable, as calling a tradesman a ; 
bankrupt, cheat, or swindler, &c. there is no j 
occasion to prove any particular damage ; but I 
the plaintiff must be particularly attentive toi 
state words precisely as they were spoken, | 
otherwise he will be nonsuited. 
DEFAULT, is commonly taken for non- 1 
appearance in court at a day assigned. If af 
plaintiff make default in appearance in a I 
trial at law, he will be nonsuited ; and where 1 1 
a defendant makes a default, judgment shall | 
be had against him by default. 
Default in criminal, cases. If; 
an offender, being indicted, appears at the j 
capias, and pleads to issue, and is let to bail ■ 
to attend his trial, and then makes default ; 
here the inquest, in case of felony, shali ne-j 
ver be taken by default : but a capias ad an- j 
diendiim juratum shall issue, and if the.partyj 
is not taken, an exigent; and if he appear i 
on that writ, and then makes default, an exigi j 
facias de novo may be granted: but where,! 
upon the capias on exigent, the sheriff H 
returns cepi corpus, and at the day has not* I 
his body, the sheriff shall be punished; but no j 
new exigent awarded, because in custody of i 
record. 2 H. H. 202. 
Default of jurors. If jurors makejl 
default in their appearance for trying of causes | 
they shall forfeit their issues,* unless they ] 
have any reasonable excuse proved bv wit- : 
nesses, in which case the justices may dis- j 
charge the issues for default, Slat. 35 H 
VIII, c. 6. 
DEI* EASANCE, a condition j-elating to a ] I 
deed ; as to^a recognizance or statute, which I 
being perfomed by the recognizor, the deed 1 
is defeated, and made void, as if it had never j 
been done. The difference between a pro- | 
viso or a condition in a deed, and a defea- j 
sauce, is, that the condition is annexed to, 1 
or inserted in, the deed or grant ; and a de- 1 
feasance is a deed bv itself concluded and ] 
agpeed on between the parties, and having 1 
relation to another deed. 
DEFENCE, in fortification, all sorts of I 
works that cover and defend the opposite 1 
posts ; as flanks, casemates, parapets, and j 
faussebrays, It is almost impossible to fix ] 
the miner to the face of a bastion, till the de-. 
fences of the opposite, one are ruined, that is, 3 
