TABLE OF TITLES AND DEFINITIONS. See index for numerous sub titles and definitions contained in the notes. THE AMERICAN AND ENGLISH ENCYCLOPEDIA 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." "2 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. 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 expression. 'keeping down interest,' is familiar in legal instruments, and means the payment of interest periodically as it becomes due, and not the payment of all arrears of interest which may have become due on any security from the time when it was executed." Where a turnpike act directed that moneys received should be applied first "in keeping down the interest of the principal moneys," and in repairing the turnpike, and lastly, in repaying the principal moneys," the payment of interest was a legitimate appropriation of the funds, though the road was out of repair, but not so the payment of the arrears of interest, which must be provided for in the same way as the payment of the principal. The Queen v. Hutchinson, 4 El. & Bl. 200. Knock Down.-" In common parlance and in the language of the auction-room, property is understood to be struck off' or knocked down' when the auctioneer, by the fall of his hammer or by any other audible or visible announcement, signifies to the bidder that he is entitled to the property on paying the amount of his bid, according to the terms of the sale." Sherwood v. Reade, 7 Hill (N. Y.), 439. 2. Buard v. De Russy, 6 Rob. (La.) III; Gates v. Legendre, 10 Rob. (La.) 74: De Young v De Young, 6 La. Ann. 786. It is that which the wife gives the husband on account of marriage, and is a sort of donation made with a view to his maintenance and to the support of the marriage." Cutter v. Waddingham, 22 Mo. 254. 3. Bouv. Law Dict.; Prehm v. State (Neb.), 36 N. W. Rep. 295. It is nomen generalissimum, iucluding all such orders. Wildes . Savage, 1 Story (C. C.), 22; Rapalje & L. Law Dict. It is used as a synonym of bill of exchange. Cole v. Dalton, 6 Daly (N. Y.), 484. 4. Allen v. Williamsburgh Savings Bank, 69 N. Y. 314. 5. Napier v. Barney, 5 Blatchf. (C. C.) 191. It is to compensate for any loss that may occur from the handling of the scales in the weighing, so that when weighed the second time the article will hold out good weight. 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 v. Inhabitants of East of a natural stream, as well as to one used Bridgewater, 5 Gray (Mass.), 61. Webster defines it as "that by means of which anything is drained; a channel; a trench; a watercourse; a sewer; a sink." 2. A sewer is defined by Callis (Callis Sewers, 54) as "a fresh-water trench compassed in on both sides with a bank, and is a small current or little river." While Webster says it is a drain or passage to convey off water and filth underground; a subterraneous canal, particularly in cities." In Bennett v. New Bedford, 110 Mass. 433, it was held that the word "sewer" in the city charter may apply to an underground structure for conducting the waters exclusively for the surface flow. 3. Donnelly v. Decker, 58 Wis. 461; s. c., 46 Am. Rep. 637; Hagar v. Reclamation District 108, 111 U. S. 701; Shelley v. St. Charles Co., 17 Fed. Rep. 909; Wurts v. Hoagland et al., 114 U. S. 606; Reeves v. Treasurer Wood Co., 8 Ohio St. 333; Davidson v. Board of Admrs. New Orleans, 6 Otto (U. S.), 97; Woodruff v. Fisher,, 17 Barb. (N. Y.) 224; Coomes v. Burt, 22 Pick. (Mass.) 422; French v. Kirkland, 1 Paige (N. Y.), 117: Seely v. Sebastian, 4 Or. 25; O'Reiley v. Kankakee Val. Draining Co., 32 Ind. 169; Hagar . Supervisors of Yolo Co., 47 Cal. 222; Sessions v. Crunkilton, 20 Ohio St. 349; Blake v. People, 109 Ill. 504. |