Devoir

Duty. It is used in
statute of 2 Ric. 2, c. 3, in the sense
of duties or customs.

Vol. i. — 58

DEVOLUTION, ccd. laic , is tho
transfer, by forfeiture, of a right and
power which a" person has to another,
on account of some act or negligence
of the person w ho is vested with such
right orjiower; for example, w hen a
person has the right of presentation,
and he does not present within the
time presented, the right devolves on
his next immediate superior. Ayl.
Par. 331.

DI COLONNA, mar. contracts.
This contract takes place between the
owner of a ship, the captain and the
mariners, who agree that the voyage
shall be for the benefit of all. This is
a term used in the Italian law, Targa,
ch. 30, 37 ; Emerigon, Mar* Loans, s.
5.

2. — The New England ichalcrs are
owned and navigated in this manner,
and under this species of contract.
The captain and his mariners are all
interested in the profits of the voyage
in certain proportions, in the same
manner ns the captain and crew of n
privateer, according to tin agreement
between them. Such agreement, being
very common in former times ; all tho
mariners and tho masters being inter-
ested in the voyage. It is necessary
to know this in order to understand
many of the provisions of the laws of
Oleron, Wisbuy, the Consolato del
Marc, and other ancient codes of
maritime and commercial law. Hall,
on Mar. Loans, 42.

TO DICTATE is to pronounce
wford for word w hat is destined to be
at the same time written by another.
Merlin. Rep. mot Suggestion, p. 500 ;
TouJl. Dr. Civ. Fr. liv. 3, t. 2, c. 5, n.
410.

DICTATOR, civil law. A magis-
trate at Rome invested with absolute
power. His authority over the lives
and fortunes of the citizens was with-
out bounds. Ilis office continued but
for six months. Hist, dc la Jur. h. t ;
Dig. 1, 2, 18 ; Id. 1, 1, 1,

DICTUM, practice. Dicta are judi-
cial opinions expressed by the judges
on points that do not necessarily arise
in the case.

458

DIR

DIG

2. — Dicta arc regarded as of little
authority, on account of the manner
in which they are delivered; it fre-
quently hap|M*ning that they nre given
without much reflection, at the bar,
without previous examination. “ If,”
says Huston, J., in Frants v. Brown,
17 Serg. & Hawle, 292, “ general
dicta in cases turning on special cir-
cumstances are to be considered as es-
tablishing the law, nothing is yet set-
tled, or can l>e long settled.” “ What
I have said or written, out of the ease
trying,” continues the learned judge,
“ or shall say or write, under such
circumstances, may l>e taken ns my
opinion at the time, without argument
or full consideration ; but I will never
consider myself t>ound by it, when the
point is fairly trying and fully argued
and considered. And I protest against
any person considering such obiter
dicta as my deliberate opinion.” And
it was considered by another learned
judge, Mr. Baron Richards, to lx; a
“ great misfortune that dicta arc taken
down from judges, perhaps incorrectly,
and then cited ns absolute propositions.”
1 Phillim. Rep. 400 ; S. C. 1 Eng.
Ecc. R. 129; Ramon Judgm. eh. #5,
p. 36; Willes’s Rep. 066; 1 II. Bl.
68-03 ; 2 Bos. & 1*. 375 ; 7 T. R.
287. ; 3 B & A. 341 ; 2 Bing. 90.

3. — In the French law, the report of
a judgment made by one of the judges
who has given it, is called the dictum ,
Poth. Proc. Civ. Partie 1, c. 5, art. 2.