Page:Black's Law Dictionary (Second Edition).djvu/392

Rh

lottcsvllle "’oolen Mills Co., 93 Va. 6733, 25 S. E. 1003; T omas v. Gregg. T Md. .:i5. 28 Atl. 555. 44 Am. St. Rep. 310.—Ex dividend. A phrase used by stock brokers. meaning that

a sale of corporate stock does not carry with-

lt the seller's right to receive his proportionate share of a dividend already declared and short- ly payable.

In old records. An indenture; one counterpart of an indenture.

DIVINARE. Lat. To divine; to con- jecture or guess; to foretell. Diviiiuiilo, a conjecturiag or guessing.

Divinntin, non inter-pretatio est, qua ozanino recedit :1 liters. That is guessing, not interpretation, which altogether departs from the letter. B-ac. Max. 18, (in reg. 3,) citing Xearh. 3 Lien. VI. 20.

DIVINE LAWS. As distinguished from those of human origin, dliine laws are those of which the authorship is ascribed to God, being either positive or revealed laws or the lzms of imture. Mayer v. Frobe, -10 W. Va. 341;, 22 S. E. 53; Bordon v. State, 11 Ark. 517, 4-1 Am. Dec. 217.

DIVINE SERVICE. Divine service was the name of a feudal tenure, by which the tenants were obliged to do some special divine services in certain; as to sing so many masses, to distribute such a sum in aims, and the like. (_2 Bl. Comm. 102; 1 Steph. Comm. 227.) It differed from tenure in fran- lculmoum, in this: that, in case of the tenure by divine service, the lord of whom the lands were hoiden might distrain for its non- performance, whereas, in case of franlml~ moimi, the lord has no remedy by distraint for neglect of the service, but merely a right of complaint to the visitor to correct it. Mozley & Whitley.

DIVISA. In old English law. A device, award, or decree; also a devise; also bounds or limits of division of a parish or farm, etc. Cowell. Also a court held on the bound- ary, in order to settle disputes of the tenants.

Divisflzilia ell: lemper divisibilil. thing divisible may be forever divided.

A

DIVISIBLE. That which is snsceptlhls of being divided.

—Divisi'ble contract. One which is in its nature and purposes susceptible of division and apportionment, bnvln two or more parts in respect to matters an things contemplated and embraced by it, not necessarily dependent on each other nor intended by the plll'llK‘S so to be. Horseman v. Horseman, 43 Gr. 83, 72 Pac. 698.

DIVISIM. In old English law. Sever- ally; separately. Bract. fol. 47. DIVISION. In English law. One of the

smaller subdivisions of a county. Used in

384 DIVORTIUM DICITUR Lincoinshire as synonymous with "riding" in Yorkshire.

DIVISION OF OPINION. In the pi'lc~ tlce of appellate courts, this term denufl such a disagreement among the judges that there is not a majority in favor of any one view, and hence no decision can he renders}. on the case. But it sometimes also denlfi a division into two classes, one of which may comprise a majority of the judges; an -when we sx ' of a decision having proceeded from a "divided court."

DIVISIONAL COURTS. Courts in Enp land, consisting of two or (in special Cass‘ more judges of the high court 0! jultifi sitting to transact certain kinds of bl}-nu‘ which cannot be disposed of by one jufie.

DIVISUM IMPERIUM. Lat. Adlvlded jurisdiction. Applied, e. 0.. to the jurnlic tion of courts of common law and cqflg over the same subject. 1 Kent, Comm. SQ 4 Steph. Comm. 9.

DIVORCE. The legal separation of man and wife, effected, for cause, by the judgment of a court, and either totally dissoivfl the marriage relation, or suspending its oi; fects so far as concerns the cohabitation or the parties. Atherton v. Atherton. 181 U. S. 155, 21 Slip. Ct. 54-}. 45 L. Ed. 79-l; l\iiIC v. Miller, 33 Cal. 355; Cast v. Cast, 1 Ullb. 112.

The dissolution is termed "divorce from the bond of matrimony," or, in the Izaiin oi the expression, "a vi"/rwulo m.utrimnn' the suspension, "divorce from bed and board," "a meow et there." The former divorce puts nn end to the marriage; the latter lcaves it in full torce. 2 Bish. Mar. Div. § 22.3._ " is now applied, in Eng-

The term "divorce lanai, both to decrees of nullity and decrees of dissolution of marriage, while in America it is used only in cases of divorce :1. menu or a ticnula, a decree of nullity of marriage being granted for the causes for which a riirorce u I:n'uoulo was formerly obtainable in England.

—Divorce a. mensa et thorn. A divorce I1-om table and bed, or from bed and board. A partial or qualified divorce, by which the parties are separated and forbidden to Live or to- habit together without aifnctlng the marriage itself. 1 Bl. Comm. 440; 3 Bl. Comm. 9;, 2 Stcph. Comm. 311: 2 Bish. Mar. & Div. § 235} l\i_lllEl‘ v. Clark, 23 Ind. 370- Rudolph v. Ru- dolpb (Super. Bufi.) 12 N. . Supp. 81; Znie v. Zule, 1 N. J. Er]. 99.—D1vor-ce a vincnlo matrimunli. A divorce from the bond of marriage. A total divorce or bnsband and wifr, dissolving the marriage tie, and releasinv rim parties wbol.l from their matrimonial ob‘ tions. 1 Bl. .omra. 440: 2 Stenh. Comm. 3 :, 311; 2 Bish. .\l:1r. & Div. § 223; De llmlla V. De Roche, 12 N. D. 17, 94 N. W. 'i'7(J.—I‘oreig-n divorce. A divorce obtained out of I‘!- state or country where the marnase vrns unic- nrzed. 2 Kent, Comm. 106, et sn:.—Li)nitad divorce. A divorce from bed and o:I.rLl' or a judicial separation of husband and tie not dissolving the marriage tle.

Diva-rtium dicitur a divertemlo, qnia vir divertitru: ab nxore. Go. Lltt. 235. Divorce is called from dim.-ricnda, because I man is diverted from his wife.