Page:The New International Encyclopædia 1st ed. v. 06.djvu/55

* DECEIT. 41 because he supposes it to contain deposits of iron, there is no legal deceit, if A knows of B's !-up- position and takes advantage of it to obtain a high price for the land, provided A does not in any way contribute to B's mistaken idea, nor give or make any false statements or representa- tions concerning the supposed deposits, either dirccth" or indirectly. If B were to ask A if there were siicli deposits, and A should reply that he did not know, when he knew there were none, or lead B to sujipose he did not know', this would be deceit. Deceit involves as a necessary element the intention to deceive in a matter in which the deceived party has a right to know the truth and rely upon it. Without this intent a misrepre- sentation might amount to a legal mistake, but would not be a basis for an allegation of the tort of fraud. If the party deceived be in a position such that by the exercise of due caution or diligence, or by duly taking advantage of matters open to his knowledge, he would not have been deceived, there is no legal deceit, even though his reason for failing to take reasonable care was due to his confidence in the honesty of the party by whom he is deceived. If, however, he is dis- suaded from the exercise of his caution by the actions of the other party intended to so dissuade him, there is deceit. The misrepresentation or misleading must be in respect of matters mate- ria! to the transaction concerned, and must be relied upon to the deceived party's prejudice in the same transaction in order to lay a basis for an action. iIisrepre<^entat^ons as to matters of law are not generally sufficient to lay a basis for an action, although the circumstances may be such as to make them so. Reckless statements, made without any regard to whether they are true or not, or false statements, made in the be- lief that they are true when the party making them is legally boiind to know and state the true facts, are legally deceitful. But mere expres- sions of opinion, or of anticipation as to what will happen in the future, is not deceit. Deceit is a necessary element of a fraud, and no exact or absolute definition or statement can be given of what is deceit, except in a general way, as above. ( See Fraud. ) The tei-m deceit is u.sed as a name of a writ fomierly used in an action for acknowledging a fine (q.v. ) in another name, but this action and writ are now obsolete. DECEMBER. See Month. DECEM'VIKI (Lat., board of ten men, from decern, ten + rii; man). The most famous body known under tliis title were the ten persons who were appointed (B.C. 451) as a sort of legislative connnittee, to draw up a code of laws at Rome. The groundwork on which the decem- viri proceeded was the information which had been ])reviously collected by three commissioners who were sent for that purpose to Greece. On the return of the commissioners, after a year's absence, a violent dispute arose between the patricians and plebeians as to which of the orders should be intrusted with the revision of the laws. The dispute ended in favor of the patricians, and ton patrician lawgivers were consequently appointed, to whom, moreover, the whole govern- n-ent of the State was intrusted during the year for which they were to hold office. The experi- ment was eminently successful ; the work of legis- DECHEN. lation was carried on with zeal and success, and the State was governed with prudence and mod- eration. Their labors not being quite finished, a new body of decemviri was appointed, only one, the notorious Appius Claudius, belonging to the jjrevious commission. In their magisterial and executive capacities, the new decemviri acted in the most tyrannical manner. In place of the fasces alone being carried before the decemvir who presided for the day, as on the former occa- sion, each of the ten was now attended by twelve lictors, who carried not onlj^ the rods, but the axe, which was the emblem of sovereign power. Every species of outrage was committed on the persons and families of the plebeians, and when the term of their appointment expired, the decemviri refused either to resign or to allow successors to be appointed to them. At length the iniquitous decision of Appius Claudius (q.v.) in the matter of Virginia brought afl'airs to a climax. A popular insurrection broke forth, the decemviri were driven from their office, and the tribunes and other ordinary magistrates of the Republic were reappointed. The occurrence is the subject of one of the most spirited of Macaulay's Lai)s of Ancient Rome. DECEN'NARY. See Tithes. DECEN'NIAL GAMES (Lat. Decennalia, nom. pi., from decent, ten + annus, year). The games celebrated in ancient Rome to commemo- rate the nominal refusal of Aiigustus to be Emperor for life, and his preference for reelection once in ten years. They were maintained as a popular amusement until the last days of the Empire. DECEPTION. See Fraud. DECEPTION ISLAND. One of the South Shetland Islands in the Antarctic Ocean, situated in latitude (52° 55' S. and longitude 60° 35' W. It contains a volcano 1800 feet high, and pos- sesses a good harbor. DE CESAEE, da cha'za-ra, C.ahlo (1824—). An Italian political economist and legislator. He was bora at Spinnazola, Province of Bari, and studied at Naples. He became secretary general of the Neapolitan finances in 1860, and of agriculture, industry, and commerce in 1868. His works include: //. mondo civile ed industriale nel XIX. secolo (1857); Del poterc temporale del Papa (2d ed. 1861); II prima unitario italiano (2d ed. 1861); La Oermania moderna (2d ed. 1874). DECHAMPS, de-shiiN', Adolphe (1807-75). A Belgian statesman, born at Melle, East Flan- ders. He became Governor of the Province of Luxembourg in 1842 and Jlinister of Public Works in 1843. He was the foremost promoter of railroad communication in Belgium, and. in association with de Decker, was the founder of the Revue de Bruxellen, a Catholic organ which exerted a marked influence from 1837 to 1850. He h<ad considerable ability as a writer, and a thorough familiarity w-ith the political condi- tions of his time, as evidenced by his works, which include: L'Enipire et r.inplctcrre (1860) ; La France et I'AUemagn^ (1865) : Le Prince de Bismarclc et Ventrevue d-es trois empereurs ( 18:3). DECHEN. d."i'Kpn. Heinrich von (1800-80). A German geologist and engineer, bom in Berlin. He studied for some time at the university of