71<3- DEM 
DEMU'RE, \_des mccurs, Fr.] Sober; decent: 
Lo \ two mod lovely virgins came in place, 
Yitii countenance demure , and modeft grace. Spcvfcr. 
Grave; affectedly modeft: it is now generally taken 
in a fenf’e of contempt.—A cat lay and looked fo demure 
as if there had been neither life nor foul in her. L'E- 
Jl range. 
So cat, transform’d, fat gravely and demure, 
I ill motile appear’d, and thought himfelf fecure. Dryd. 
To DEMU'RE, v. n. To look with an affected mo- 
defty : notufd-. 
Your wife Oftavia, With her modeft eyes, 
And ftill conclufion, Shall acquire no honour, 
De muring upon me. Shakejpeare. 
DEMU'RELY, adv. With affe&ed modefty; Solemn¬ 
ly; with pretended gravity : 
Next flood hypocrifv with holy leer, 
Soft fmiling, and demurely looking down ; 
But hid the dagger underneath the gown. Dryden. 
In the following line it is the fame with Solemnly. War- 
burton. —Hark, how the drums demurely wake the fleepers! 
Skahefpeare. 
DEMU'RENESS,/! Modefty ; fobernefs ; gravity of 
afpedt.—Her eyes having in them Such a cheerfulnefs, as 
nature Seemed to Smile in them ; though h r mouth and 
cheeks obeyed to that pretty demurenejs, which the more 
one marked, the more one would judge the poor Soul 
apt to believe. Sidney. —Affected modefty ;. pretended 
■gravity. 
DEMUR'RAGE, f. An allowance made by mer¬ 
chants to matters of fliips, for their Stay in a port, be¬ 
yond the time firft appointed for their departure. 
DEMUR'RER, /. [ demorare , Lat. demeurer, Fr. ] In 
law, a paufe or (top, put to any adtion upon a point of 
difficulty, which muff be determined by the court, be¬ 
fore any farther proceedings can be had therein : for in 
every adtion the point of controverfy confifls either in 
fact or in law ; if in fadt, that is tried by the jury ; but if 
in law, that is determined by the court. A demurrer, 
therefore, is an iffue upon matterof law'. It confeffes the 
fadts to be true, as dated by the oppofite party; but denies 
that, by the law arifing upon thole fadts, any injury is done 
to the plaintiff"; or that the defendant has made out a 
lawful excufe ; according to the party which firft demurs, 
( demoratur , moratur in lege,) refls or abides in law upon 
the point in queffion. As, if-the matter of the declara¬ 
tion be insufficient in law, (as by not aligning any Suffi¬ 
cient trefpafs, &c.) then the defendant demurs to the 
declaration. If, on the other hand, the defendant’s ex¬ 
cufe or plea be invalid, (as if he-pleads that he commit¬ 
ted the trefpafs by authority from a ftranger, w ithout 
making out the ftranger’s right,) here the plaintiff 7 may 
demur to the pica: and So in every other part of the 
proceedings. 
The form of fuch demurrer is by averring the declara¬ 
tion or plea, the replication or rejoinder, to be insuffi¬ 
cient in law to maintain the adfion or the defence ; and 
therefore praying judgment for want of Sufficient matter 
alleged. Sometimes demurrers are merely for want of 
Sufficient form in tire writ or declaration. But, in cafe of 
exception to the form or manner of pleading, the party 
demurring muff, by 27 Eliz. c. 5. 4 & 5 Anne, c. 16. Set 
forth the caufes of his demurrer. And, upon either a 
general or fuch Special demurrer, the oppofite party muff 
aver it to be Sufficient, which is called a joinder in de¬ 
murrer; and then the parties are at iffue in point of law; 
which iffue, as above-mentioned, the judges of the court, 
before which the adtion is brought, muff determine. Finck 
L. lib. 4. c. 40. 
A demurrer may be to the writ, (i. c. the original, 
where the proceedings are by original,) to the count, or 
declaration, or to any part of,the pleadings. A demurrer 
D E M 
is admitting the matter of fact, Since it refers the law, 
arifing on the fadt, to the judgment of the court; and 
therefore the fadt is taken to be true on fuch demurrer, 
or otherwife the court has no foundation on which to 
mate any judgment. Gilb. Hijl. of C. P. 55. As a de¬ 
murrer at common law did confefs all matters formally 
pleaded; fo now, by the Statutes, a general demurrer 
does confefs all matters pleaded, though informally. 
Hob. 233. But a Special demurrer admits only fadts well 
pleaded. Demurrers are general, without Shewing any 
particular caufes; or Special, where the caufes of de¬ 
murrer are particularly Set down ; and the judgment of 
the court is not to be prayed upon an insufficient decla¬ 
ration or plea, otherwise than by a demurrer ; when the 
matter comes judicially before the court. If in plead¬ 
ings, &c. a matter is insufficiently alleged, that the 
court cannot give certain judgment upon it, a general 
demurrer will Suffice ; and, for want of fubftance, a ge¬ 
neral demurrer is good : but, for want of form, there 
muff be a Special demurrer, and the caufes Specially af- 
Signed. The pradtice is now, on a Special demurrer, to 
take advantage of any real error, though not expreffed, 
in the caufes affigned. 
A man who demurs generally, Shall take advantage of 
all matters which are requisite to Shew a good right or 
title in the plaintiff. Plowd. Com. 66 . a. If a man de¬ 
murs for form, he muff Shew Specially the caufes of de¬ 
murrer. 2 Rol. 330. If there be a general demurrer to 
the declaration, the plaintiff may apply to a judge for a 
Summons for leave to amend ; if not, he may proceed to 
join in demurrer, and make up the demurrer-book him¬ 
felf, a copy of which he is to deliver to defendant’s at¬ 
torney ; and, if not paid for on demand, Sign judgment. 
R. Tr. 1 2 Will. III. In cafe of a demurrer to a plea, 8 cc. 
by a plaintiff, the demurrer-book cannot be made up by 
the defendant, until default made by the plaintiff". R. E, 
11 Will. 3. 
Demurrers, likewife, are either in actions at law, or in 
Suits in equity. A demurrer in equity is nearly of the 
fame nature with a demurrer in law, being an appeal to 
the judgment of the court, whether the defendant Shall 
be bound to anfvver the plaintiff’s bill ; as for want of 
Sufficient matter of equity therein contained ; or where 
the plaintiff upon his own Shewing appears to have no 
right; or where the bill Seeks a difeovery of a thing 
which may caufe a forfeiture of any kind, or may con- 
vi£t a man of any criminal misbehaviour. For any of 
thefe caufes, a defendant may demur to a bill in equity; 
and if, on demurrer, the defendant prevails, the plain¬ 
tiff’s bill Sit all be difmiffed ; if the demurrer be over¬ 
ruled, the defendant is ordered to anfw'er. 3 Comm. 446. 
It is allowed a good caufe of demurrer in chancery, 
that a bill is brought for part of a matter only, which is 
proper for one entire account, becaufe the plaintiff" Shall 
not Split caufes, and make a multiplicity of Suits. Vcrn. 
29. If an original bill be brought for matters, part of 
which are in a former bill and decree, and part new, or 
by way of Supplemental bill, the court will, on a de¬ 
murrer to lo much as was contained in the former de¬ 
cree, Send it to a mafter to lee what was, and what was 
not, in the firft bill, and allow the demurrer accordingly. 
Gilb. E. R. 184. 
After the plaintiff and defendant have joined iffue in 
fadt, which goes to the whole, neither of them can de¬ 
mur, without confent of the other. But there may be a 
demurrer to evidence. Though now it is more ufual to 
take exceptions to evidence at the bar at nifi prius, ore 
tenus, which is tantamount to a demurrer. If doubts arife, 
cafes are made, or points referved, and a verdict taken, 
fubjedl to the opinion of the court. If a defendant pleads 
to part, and demurs to part, the demurrer Should firft be 
determined, and the iffue laft ; becaufe, upon the trial of 
the iffue, the jury may affefs damages as to both. Palm. 
517.. Where there is a demurrer in part, and iffue is 
joined upon the other part, and the plaintiff hath judg¬ 
ment 
