« PreviousContinue »
TABLE OF TITLES AND DEFINITIONS.
See index for numerous sub titles and definitions contained in the notes.
Emigrant, 509 Emigration. 509 EMINENT DOMAIN, 509 Emolument, 635 Empanel, 635 Employ, 635 Employee, 637 Employment, 637 Empower. 638 Empty, 638 Enagenacion, 638 Enclosed land, 638 Enclosure, 638 Encourage, 639 Encroachment, 639 Encumbrance, 639 End, 639 Endow, 639 Endowment, 639 Enemy, 640 Enfeoff, 641 Enforce, 641 Engage, 642 Engagement, 643 Engine, 643 Engineering purposes, 645 English, 645 Engraving, 615 Enhanced, 645 Enjoin, 646 Enjoyment, 646 Enlarge, 647 Enlist, 648 Enlistment, 648 Enter, 648 Entertainment, 650
AMERICAN AND ENGLISH ENCYCLOPÆDIA OF LAW.
DOWN.–See note i.
DOWRY.-In the civil law and that of Louisiana, “the effects which the wife brings to the husband to support the expenses of marriage.”
DRAFT.-An order for the payment of money drawn by one person on another.3
The act or fact of drawing money by a depositor from the funds of a bank.4 An allowance to a merchant in laying a duty when it is ascertained by weight, to insure good weight to him."
1. Keep Down the Interest.—“The ex- bid, according to the terms of the sale." pression. 'keeping down interest,' is Sherwood v. Reade, 7 Hill (N. Y.), familiar in legal instruments, and means 439. the payment of interest periodically as it2. Brard v. De Russy, 6 Rob. (La.) becomes due, and not the payment of all 111; Gates v. Legendre, 10 Rob. (La.) 74: arrears of interest which may have be- De Young v De Young, 6 La. Ann. 786. come due on any security from the time It “is that which the wife gives the when it was executed.” Where a turnpike husband on account of marriage, and is act directed that moneys received should a sort of donation made with a view to be applied first “ in keeping down the in- his maintenance and to the support of terest of the principal moneys," and in the marriage.” Cutter v. Waddingham, repairing the turnpike, and lastly. in 22 Mo. 254. repaying the principal moneys,” the pay. 3. Bouv. Law Dict.; Prehm v. State ment of interest was a legitimate appro- (Neb.), 36 N. W. Rep. 295. It is nomen priation of the funds, though the road generalissimum, including all such orders, was out of repair, but not so the payment Wildes 2'. Savage, i Story (C. C.), 22; of the arrears of interest, which must be Rapalje & L. Law Dict. provided for in the same way as the pay. It is used as a synonym of bill of ex. ment of the principal. The Queen v. change. Cole v. Dalton, 6 Daly (N. Y.), Hutchinson. 4 El. & BI. 200.
484. Knock Down." In common parlance 4. Allen v. Williamsburgh Savings and in the language of the auction-room, Bank, 69 N. Y. 314. property is understood to be 'struck off' 5. Napier v. Birney, 5 Blatchf. (C. C.) or knocked down'when the auctioneer, 191. It is to compensate for any loss by the fall of his hammer or by any other that may occur from the handling of the audible or visible announcement, signi- scales in the weighing, so that when fies to the bidder that he is entitled to weighed the second time the article will the property on paying the amount of his hold out good weight.
6 C. of L.-I
DRAINS AND SEWERS. (See also WATER AND WATERCOURSES.) 1. Definition, 2.
(1) Generally, 19. 2. Public Drains-Legislative Power
(2) ds to Assessments for, 20. Concerning, 2.
(3) As to Discharging Sewerage, (A) Generally, 2.
22. (B) Under the Police Power, 6.
(B) Duties and Liabilities, 23. (C) Under the Taxing Power, 10.
(1) Generally, 23. (1) Special Assessments, 12.
(2) Judicial and Ministerial Duties, (D) Under Eminent Domain, 14.
23. 3. Private Drains, 15.
(3) Accidents Caused by Construc(c) Easements, 18.
tion of, 25. 4. Sewers-Rights, Duties, and Lia
(1) Devising Plans, 25. bilities of Municipal Corporations (5) Repairing, 28. Concerning, 19.
(6) Connecting, 29. (A) Rights, 19.
(7) Abandonment, 29.
1. Definition.—The word “drain" has no technical or exact meaning. As generally understood, it means any artificial channel or trench through which water or sewage is caused to flow from one point to another. As generally used and understood in law, the term “ sewers” has reference to the underground canal or passage by means of which cities are drained and the filth and refuse liquids are carried to the sea, river, or other place of reception.?
2. Public Drains-Legislative Power Concerning.-A. GENERALLY. -Laws pertaining to the drainage of lands, and having in view either the preservation of the public health or the reclamation of lands, have been enacted in perhaps every State in the Union, and when brought before the courts have very generally been upheld.3 The objects contemplated by legislation of this character fall unquestionably within the range of legitimate legislative action ; and when the courts have interfered and pronounced unconstitutional a drainage act, it has been usually because of the omission of provisions deemed necessary for the proper protection of those who are subjected to the operation of the law.
Sometimes the objection is made that the act authorizes an appropriation of land for the purpose without just compensation
1. Goldthwait 1. Inhabitants of East of a natural stream, as well as to one used Bridgewater, 5 Gray (Mass.), 61.
exclusively for the surface flow. Webster defines it as “that by means of 3. Donnelly v. Decker, 58 Wis. 461; which anything is drained; a channel; S. C., 46 Am. Rep. 637; Hagar v. Reclaa trench; a watercourse; a sewer; amation District 108, INI U.S. 701; Shelley
v. St. Charles Co., 17 Fed. Rep. 909; 2. A sewer is defined by Callis (Callis Wurts v. Hoagland et al., 114 U.S. 606; Sewers, 54) as “a fresh-water trench com- Reeves v. Treasurer Wood Co., 8 Ohio passed in on both sides with a bank, and St. 333; Davidson v. Board of Admrs. is a small current or little river." While New Orleans, 6 Otto (U. S.), 97; WoodWebster says it is “a drain or passage to ruff v. Fisher, 17 Barb. (N. Y.) 224: convey off water and filth underground; Coomes v. Burt, 22 Pick. (Mass.) 422; a subterraneous canal, particularly in French v. Kirkland, i Paige (N. Y.), 117; cities."
Seely v. Sebastian, 4 Or. 25; O'Reiley r. In Bennett v. New Bedford, 110 Mass. Kankakee Val. Draining Co., 32 Ind. 169; 433, it was held that the word “sewer" in Hagar v. Supervisors of Yolo Co., 47 Cal. the city charter may apply to an under- 222; Sessions v. Crunkilton, 20 Ohio St. ground structure for conducting the waters 349; Blake v. People, 109 III. 504.