judgment, not for the defendant, but, and shows specifically the nature for the plaintiff, 2 Wils. R. 150, of the objection and the particular provided the declaration be good; but if the declaration also be bad in substance, then upon the same principle, judgment would be given for the defendant. 5 Rep. 29 a. For, when judgment is to be given, whether the issue be in law or fact, and whether the cause have proceeded to issue or not, the court is always to examine the whole record, and adjudge for the plaintiff or defendant, according to the legal right, as it may on the whole appear. It is, however, subject to the following exceptions: first, if the plaintiff demur to a plea in abatement, and the court decide against the plea, they will give judgment of respondeat ouster, without regard to any defect in the declaration. Lutw. 1592, 1667; 1 Salk. 212; Carth. 172; secondly, the court will not look back into the record, to adjudge in favour of an apparent right in the plaintiff, unless the plaintiff have himself put his action upon that ground. 5 Barn. & Ald. 507; lastly, the court, in examining the whole record, to adjudge according to the apparent right, will consider the right in matter of substance, and not in respect of mere form such as should have been the subject of a special demurrer. 2 Vent. 198-222.

There can be no demurrer to a demurrer; for a demurrer upon a demurrer, or pleading over when an issue in fact is offered, is a discontinuance. Salk. 219; Bac. Abr. Pleas, N 2.

See in general as to demurrers, Bac. Abr. Pleas, N; Com. Dig. Pleader, Q; Saund. Rep. Index, tit. demurrers; Lawes Civ. Pl. ch. 8; 1 Chit. Pl. 639-649.

DEMURRER, SPECIAL, in pleading. A special demurrer is one which excepts to the sufficiency of the pleadings on the opposite side,

ground of exception. Co. Litt. 72,
a; Bac. Abr. Pleas, N 5. A spe-
cial demurrer is necessary, where
it turns on matter of form only;
that is where notwithstanding such
objections, enough appears to entitle
the opposite party to judgment, as
far as relates to the merits of the
cause. For by two statutes, 27
Eliz. ch. 5, and 4 Ann, ch. 16,
passed in a view to the discourage-
ment of merely formal objections, it
is provided in nearly the same terms,
that the judges "shall give judg
ment according to the very right of
the cause and matter in law shall
appear unto them, without regard-
ing any imperfection, omission, de-
fect or want of form, except those
only which the party demurring
shall specifically and particularly set
down and express, together with his
demurrer, as the causes of the
same." Since these statutes, there-
fore, no mere matter of form can be
objected on a general demurrer;
but the demurrer must be in the
special form, and the objection spe-
cifically stated. But, on the other
hand, it is to be observed, that, un-
der a special demurrer, the party
may, on the argument, not only take
advantage of the particular faults
which his demurrer specifies, but
also of all objections in substance,
or regarding the very right of the
cause, (as the statute expresses it)
as do not require, under those sta-
tutes, to be particularly set down.
It follows, therefore, that unless the
objection be clearly of this substan-
tial kind, it is the safer course, in
all cases, to demur specially. Yet,
where a general demurrer is plainly
sufficient, it is more usually adopted
in practice; because the effect of
the special form being to apprise
the opposite party more distinctly of
the nature of the objection, it is at-

tended with the inconvenience of enabling him to prepare to maintain his pleading by argument, or of leading to apply the earlier to amend. With respect to the degree of particularity, with which, under these statutes, the special demurrer must assign the ground of objection, it may be observed, that it is not sufficient to object, in general terms, that the pleading is uncertain, defective, and informal," or the like, but it is necessary to show in what respect, uncertain, defective, and informal. 1 Saund. 161, n. 1; 337 b, n. 3; Steph. Pl. 159-161; 1 Chit. Pl. 642.

DEMURRER, GENERAL, in pleading. A general demurrer is one which excepts to the sufficiency of some previous pleadings in general terms, without showing specifically the nature of the objection; and such demurrer is sufficient, when the objection is on matter of substance. Steph. Pl. 159; 1 Chit. Pl. 639; Lawes, Civ. Pl. 167; Bac. Abr. Pleas, N 5; Co. Lit. 72 a.

R. 194. Strictly speaking, this is not a demurrer, which is an instrument that admits facts stated, for the purpose of taking the opinion of the court; but by an abuse of the term, the witness's objection to answer is called a demurrer, in the popular sense. Gresl. Eq. Ev. 61. The court are judicially to determine their validity. The witness must state his objection very carefully, for these demurrers are held to strict rules, and are readily overruled if they cover too much. 2 Atk. 524; 1 Y. & J. 32.

DEMY SANKE or SANGUE, this is a barbarous corruption of demi sang, half-blood, (q. v.)

DENARII. An ancient general term for any sort of pecunia numerata, or ready money. The French use the word denier in the same sense: payer de ses propres deniers.

DENARIUS DEI, a term used in some countries to signify a certain sum of money which is given by one of the contracting parties to the other, as a sign of the completion of the contract. It does not however bind the parties; he who received it may return it in a limited time, or the other may abandon it, and avoid the engagement. It differs from arrhæ in this, that the latter is a part of the consi deration, while the denarius dei is no part of it.

DEMURRER TO EVIDENCE, in practice. A demurrer to evidence is analogous to a demurrer in pleading; the party from whom it comes declaring that he will not proceed, because the evidence offered on the other side, is not sufficient to maintain the issue. Upon joinder in demurrer, by the opposite party, the jury are, in general, discharged from giving any verdict, 1 Arch. Pr. 186; and the demurrer being entered on record, is afterwards argued and decided in the court in banc; and the judgment there given upon it, may ultimately be brought before a court of error. See 2 H. Bl. 187; 4 Chit. Pr. 15. DEMURRER TO INTERRO-condition among the people. GATORIES. By this phrase is understood the reasons which a witness tenders for not answering a particular question in interrogatories. 2 Swanst.

DENIZEN, English law, is an alien born and who has obtained, ex donatione legis, letters-patent to make him an English subject. He is intermediate between a natural born subject and an alien. He may take lands by purchase or devise, which an alien cannot, but he is incapable of taking by inheritance. 1 Bl. Com. 374. In the United States there is no such

DENUNCIATION, crim. law. This term is used by the civilians to signify the act by which an individual informs a public officer, whose

DEODAND, English law. This word is derived from Deo dandum, to be given to God; and is meant to designate any unhappy instrument, whether it be an animal or inanimate thing which has caused the death of a man or mischance without the will or fault of himself or of any other man. 3 Inst. 57; Hawk. bk. 1, c. 8. The deodand is forfeited to the king and was formerly applied to pious uses.

DEPARTMENT. A portion of a country. In France the country is divided into departments, which are somewhat similar to the counties in this country. The United States have been divided into military departments including certain portions of the country. 1 Pet. 293.

duty it is to prosecute offenders, that | tary of state, (q. v.) Acts of 27th a crime has been committed. It dif- July, 1789; 15th Sept. 1789, s. 1; fers from a complaint, (q. v.) Vide there shall be in such department an 1 Bro. C. L. 447; 2 Ib. 389; Ayl. inferior officer, to be appointed by Parer. 210; Poth. Proc. Cr. sect. 2, the secretary, and employed therein, §2. as he shall deem proper, to be called the chief clerk of the department of state, (q. v.) Act of 27th July, 1789, s. 2. He may employ besides one chief clerk, whose compensation shall not exceed two thousand dollars per annum, two clerks, whose compensation shall not exceed one thousand and six hundred dollars each; four clerks, whose compensa. tion shall not exceed one thousand four hundred dollars each; one clerk, whose compensation shall not exceed one thousand dollars; two clerks, whose compensation shall not exceed eight hundred dollars each; one messenger and assistant, at a compensation not exceeding one thousand and fifty dollars per annum; one superintendent of the patent office, whose compensation shall not exceed one DEPARTMENT OF THE thousand five hundred dollars; and, NAVY, government. The act of in the patent office, one clerk, whose the 30th of April, 1798, 1 Story's compensation shall not exceed one Laws, 498, establishes an executive thousand dollars; one machinist, at department under the denomination of a compensation not exceeding seven the department of the navy, the chief hundred dollars; and one messenger officer of which shall be called the at a compensation not exceeding four secretary of the navy, (q. v.) A hundred dollars per annum. Act of principal clerk, and such other clerk 26th May, 1824; Act of 20th April, as he shall think necessary, shall be 1818, s. 2. By the act of 2d March, appointed by the secretary of the 1827, 3 Story's Laws, 2061, he is navy, who shall be employed in such authorised to employ in the state demanner as he shall deem most ex- partment, one additional clerk, whose pedient. In case of vacancy in the compensation shall not exceed sixteen office of the secretary, by removal or hundred dollars; two additional clerks, otherwise, it shall be the duty of the whose compensation shall not exceed principal clerk to take charge and one thousand dollars each; and one custody of all books, records, and additional clerk for the patent office, documents of said office. Ib. s. 2. whose compensation shall not exceed eight hundred dollars.

DEPARTMENT OF STATE, government. The laws of the United States provide that there shall be an executive department, denominated the department of state; and a principal officer therein, called the secre

DEPARTMENT OF THE TREASURY OF THE UNITED STATHS, government. The department of the treasury is constituted of the following officers, namely,

the secretary of the treasury, (q. v.) | suant to the declaration or plea, and the head of the department, two which does not support and fortify it. comptrollers, five auditors, a treasu. Co. Litt. 304, a; 2 Saund. 84, a, n. rer, a register, and a commissioner (1); 2 Wils. 98; 1 Chit. Pl. 619. of the land office. Each of these A departure in pleading is never alofficers is required to perform certain lowed, for the record would, by such appropriate duties, in which they means, be spun out into endless proare assisted by numerous clerks. lixity; for he who has departed from They are prohibited from carrying and relinquished his first plea, might on the business of trade or com- resort to a second, third, fourth, or merce, from being the owners or even fortieth defence; pleading would, part owners of any sea vessel, from by such means, become infinite. He buying any public lands, from dis- who had a bad cause, would never posing or purchasing any securities be brought to issue, and he who had of any state or of the United States, a good one, would never obtain the from receiving or applying to their end of his suit. Summary on Pleadown use any emolument or gain in ing, 92; 2 Saund. 84, a. n.(1); 16 transacting business in this depart- East, R. 39; 1 M. & S. 395; Com. ment, other than what shall be al- Dig. Pleader, (F 7), (F 11); Bac. lowed by law, under the penalty of Abr. Pleas, L; Vin. Abr. Departure; three thousand dollars, and of being 1 Archb. Civ. Pl. 247, 253; 1 Chit. removed from office, and being there- Pl. 618. after incapable of holding any office under the United States. Gord. Dig. art. 228 to 248. DEPARTMENT OF WAR, government. The act of the 7th of August, 1789, 1 Story's Laws, 31, creates an executive department, to be denominated the department of war; and there shall be a principal officer therein, to be called the secretary for the department of war, (q. v.) There shall be in the said department, an inferior officer, to be appointed by the secretary, to be employed therein, and to be called the chief clerk in the department of war, and who, whenever the said principal officer shall be removed by the president, or in any other case of vacancy, shall, during such vacancy, have the charge and custody of all records, books and papers, appertaining to the said department. Ib.

DEPARTURE, pleading, is said to be when a party quits or departs from the case or defence which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pur

DEPENDENCY, is a territory distinct from the country in which the supreme sovereign power resides, but belonging rightfully to it, and subject to the laws and regulations which the sovereign may think proper to prescribe; it differs from a colony, because it is not settled by the citizens of the sovereign or mother state, and from possession, because it is held by other title than that of mere conquest; for example, Malta was considered a dependency of Great Britain in the year 1813. 3 Wash. C. C. R. 286. Vide Act of Congress of 1st March, 1809, commonly called non-importation law.

"DEPONENT, witness, one who gives information on oath or affirmation, respecting some facts known to him, before a magistrate; he who makes a deposition.

DEPOPULATION. In its most proper signification, is the destruction of the people of a country or place. This word is, however, taken rather in a passive than an active sense; we say depopulation, to de