Blacks Law Dict. 1st ed

DECONFES

841

DECREMENTUM MARIS

lute on motion, and the dissolution takes ef fect, subject to appeal. Wharton. DECREE OF CONSTITUTION. In Scotch practice. A decree by which a debt is ascertained. Bell. In technical language, a decree which is requisite to found a title in the person of the creditor, whether that necessity arises from the death of the debtor or of the creditor. Id. DECREE OF FORTHCOMING. In Scotch law. A decree made after an arrest ment (q. t>.) ordering the debt to be paid or the effects of the debtor to be delivered to the arresting creditor. Bell. DECREE OF LOCALITY. In Scotch law. The decree of a teind court allocating stipend upon different heritors. It is equiva lent to the apportionment of a tithe rent charge. DECREE OF MODIFICATION. In Scotch law. A decree of the teind court modifying or fixing a stipend. DECREE OF REGISTRATION. In Scotch law. A proceeding giving immediate execution to the creditor; similar to a war rant of attorney to confess judgment. DECREET. In Scotch law. The final judgment or sentence of a court. DECREET ABSOLVITOR. In Scotch law. A decree dismissing a claim, or ac quitting a defendant. 2 Kames, Eq. 367. DECREET ARBITRAL. In Scotch law. An award of arbitrators. 1 Kames, Eq. 312, 313; 2 Kames, Eq. 367. DECREET COGNITIONIS CAUSA. In Scotch law. When a creditor brings his action against the heir of his debtor in order to constitute the debt against him and at tach the lands, and the heir appears and re nounces the succession, the court then pro nounces a decree cognitionis causQ,. Bell. DECREET CONDEMNATOR. In Scotch law. One where the decision is in favor of the plaintiff. Ersk. Inst. 4, 3, 5. DECREET OF VALUATION OF TEINDS. In Scotch law. A sentence of the court of sessions, (who are now in the place of the commissioners for the valuation of teinds,) determining the extent and value of teinds. Bell. DECREMENTUM MARIS. Lat. la old English law. Decrease of the sea; the

DECONFES. In French law. A name formerly given to those persons who died without confession, whether they refused to confess or whether they were criminals to whom the sacrament was refused. DECOY. A pond used for the breeding and maintenance of water-fowl. 11 Mod. 74, 130; 3 Salk. 9. DECOY LETTER. A letter prepared and mailed for the purpose of detecting a criminal, particularly one who is perpetrat ing frauds upon the postal or revenue laws. 5 Dill. 39. DECREE. In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the court, pronounced on hearing and under standing all the points in issue, and deter mining the right of all the parties to the suit, according to equity and good conscience. 2 Daniell, Ch. Pr. 986. Decree is the judgment of a court of equity, and is, to most intents and purposes, the same as a judgment of a court of common law. A decree, as distinguished from an order, is final, and is made •t the hearing of the cause, whereas an order is interlocutory, and is made on motion or petition. Wherever an order may, in a certain event result ing from the direction contained in the order, lead to the termination of the suit in like manner as a decree made at the hearing, it is called a "decretal order." Brown. It is either interlocutory or final; the former where it passes upon some plea or issue arising in the cause, but not involving a definitive adjudi cation of the main question; the latter where it finally determines the whole matter in dispute. In French law. Certain acts of the leg islature or of the sovereign which have the force of law are called "decrees;" as the Ber lin and Milan decrees. In Scotch law. A final Judgment or sentence of court by which the question at issue between the parties is decided. DECREE DATIVE. In Scotch law. An order of a probate court appointing an administrator. DECREE NISI. A provisional decree, which will be made absolute on motion un less cause be shown against it. In English practice, it is the order made by the court for divorce, on satisfactory proof being given in support of a petition for dissolution of marriage; it remains imperfect for at least •ix months, (which period may be shortened by the court down to three,) and then, unless sufficient cause be shown, it is made abso

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