Page:The New International Encyclopædia 1st ed. v. 06.djvu/91

* DEFENSE. 67 DEFINITION. tempt to c'oiiiinit a trespass, eveu without felo- nious iiitfiit. upon the premises constituting his dwelling;. For the limitations upon the exercise of the rijrlit of defense, see Assault; Homicidk. In the law of civil and criminal procedure, the answer of the defendant in a suit to the cause of action set up by the plaintiff. -As connnonly employed umler the reformed iirocedure in Kuf;- land and many of the I iiited States, the defense includes the demurrer, in which the facts alleged by the )>laintiir are admitted, but their legal ef- fect is denied, and the justification l)y the defend- ant of the acts of which the plaintiff complains, as well as the bare denial of the allegatiims of the con^plaint or statement of claim. It does not, however, cover a counterclaim (q.v.). or separate cause of action, set up by the defendant. Under the highly technical procedure of the eonunon law, defense (from French defender, to deny) was only the first step in the defendant's answer to the plaintiff's cause of action, and was limited to a denial of the truth or validity of the complaint. This was followed by the plea, under which the jurisdiction of the court and the legal validity of the facts alleged in the complaint might be questioned, ajid the justification of the defendant set forth. This system of pleading still obtains in several of the American States, but the term defense has generally come to have the ^Wder meaning assigned to it above, which in- cludes the ])lea and demurrer of the defendant, as well as his technical defense. Formerly, also, the term had no reference to the answer interposed by a defendant to the charges contained in a bill or information filed in an equity proceeding, being restricted to actions at law. Under the re- formed procedure, however, this distinction no longer obtains, and the term defense may be em- ployed in either forum. In general, it may be said that the defense must contain a specific denial or justification of each and everj" allegation of the complaint, to- gethnBi!ER: Plea: Pleadixg. and the authorities there referred to. DEFENSE OF POESIE, The. The name iMuh'r wliiili Sir I'liilip Sidney's Apolof/ie for Poe»ie was reprinted in 1598, with the third edi- tion of the Arradifi. DEFENSE OF POETRY. A poetical work; the lir-t pri.dncti.>n of Isaac D'lsraeli (1790). DEF'ERENT (Lat. part, deferens, bearing awa I. An olil term in astronomy, signifying a circle on which the centre of another circle nir)ves, while a body is supposed to be moving on the latter itself. If we suppose the sun to be moving roimd a centre in space, while the earth moves, say, in a circle round the sun. then the sun i-i niovim.' in the deferent. The term orig- inated in the Ptolemaic system (q.v.). DEFFAND, da'fliN'. M^rie de Yiciit-Cham- noM). Marquise du ( IfinT-lTRO) . . French wom- an of noble birth, celebrated for her wit. She was bom at Chamrond, and represents an inter- esting intellectual type and literary influence during the period of thought-crystallizatiou that prccedi'd the French Revolution. She was a precocious girl, of jndejK'ndent mind, and in early life a fascinating society woman, not witii- out reproach. In IT.iS she became blind; but in her dwelling in the Convent of Saint Joseph, whither she retired, she established a literary salon of great distinction. JIademoiselle de I'Ks- pinasse was for ten wretched years her compan- ion ; D'Alembert was also during that time her intimate, as were Voltaire and Monte.sipiieu. 'ith Horace Walpole slie c(uresi)onded regularly and familiarly, ller influence may be noted in the writings of iladame de Slael, Madame de Choi.seul, ^Madame de Genlis, and many others. She was of caustic wit and epigram, skeptical in spite of herself, but frankly bold, scorning pre- tense anil self-deception. Slie died in Paris. Sep- tember 24, 17S0. She left Letters, and pen- portraits, of which a collection appeared in 1809, supplemented by the Letters to lloraee Walpole. with a Life by Miss Berry (London, 1810). Con- sult: Percy, Le president MCnault et ildme. du Deffavd (Paris, 1S93) ; Asse, Mile, de VEspinasse et la mnrqnise du Deffand (Paris, 1877) ; Tanen- tvre. Women of the French Salons, and Other French Portraits (New York, 1901). DEFIANCE. A city and county-seat of De- fiance County. Ohio, 51 miles west by south of Toledo, on the IMaumee River, at the junction of the Auglaize: on the iliami and Erie Canal, and on the Wabash and thS Baltimore and Ohio rail- roads (Map: Ohio. B 3). It is the seat of De- fiance College, opened in 1SS5, and contains a public libiary. There are several Hour-mills, extensive machine-shops, wagon-works, and other manvifacturing establishments, and the city has a large trade in agiicultural products, live stock, etc. Population, m 1S90, 7094; in 1900, 7579. DEFICIENT NUMBER. An integer whose divisors added together make a sura less than the number itself-^.g. 16 is a deficient number, since the sum of its divisors, 14-2-1-4-1-8 = 15, is less than 16. See Perfect Number. DEFILADING. See Foetificatio>-. DEFILE (Fr. defile, pass). Any passage which compels troops to advance in column for- mation. See DEBOUcniNG. DE FINIBUS BGNO'RTJM: ET MAXO'- RTJM I Lat.. On the limits of gooii and evil i. philosophical treatise by Cicero, carefully written, discussing the doctrines of the supreme good and evil. It is in five books, and is dedicated to Brutus. DEF'INI'TION (Lat. definifio. from definire, to liounil. from dr + fxnire. to fix a limit). The act of making clear one's meaning in the use of a tenn. This may be done by giving a synonym whose meaning is beyond doubt, as is often done in dictionaries. But traditional logic calls for something more explicit than this. It demands that the definicndum (i.e. the term to be defined) shall be put alongside of other similar terms, and. secondly, be clearly distinguished from them. The first requirement is met l>y assigning the definirndum to a class constituted by itse'f and other terms, designating objects generally similar. This class is called the i/enus. The sec ond requirement is met by slating the attribute or combination of attributes which marks off the