DELIVERY, conveyancing. The transferring of a deed from the grantor to
the grantee, in such a manner as to deprive him of the right to recall it; Dev.
Eq. R. 14 or the delivery may be made and accepted by an attorney. This is
indispensably necessary to the validity of a deed; 9 Shepl. 569 2 Harring. 197;
16 Verm. 563; except it be the deed of a corporation, which, however, must be
executed under their common seal. Watkin's Prin. Con. 300. But although, as a
general rule, the delivery of a deed is essential to its perfection, it is never
averred in pleading. 1 Wms. Saund. Rep. 291, note Arch. Dig. of Civ. Pl.
2. As to the form, the delivery may be by words without acts; as, if the deed
be lying upon a table, and the grantor says to the grantee, "take that as my
deed," it will be a sufficient delivery; or it may be by acts without words, and
therefore a dumb man may deliver a deed. Co. Litt. 36 a, note; 6 Sim. Rep. 31;
Gresl. Eq. Ev. 120; Wood. B. 2, c. 3; 6 Miss. R. 326; 5 Shepl. 391; 11 Verm.
621; 6 Watts & S. 329; 23 Wend. 43; 3 Hill, 513; 2 Barr, 191, 193 2 Ev.
3. A delivery may be either absolute, Is when it is delivered to the grantor
himself; or it may be conditional, that is, to a third person to keep until some
condition shall have been performed by the grantee, and then it is called an
escrow. (q. v.) See 2 Bl. Com. 306 4 Kent. Coin. 446 2 Bouv. Inst. n. 2018, et
seq.; Cruise, Dig. tit. 32, c. 2, s. 87; 5 Serg. & Rawle, 523; 8 Watts, R.
1; and articles Assent; Deed.
4. The formula, "I deliver this as my act and deed," which means the actual
delivery of the deed by the grantor into the hands or for the use of the
grantee, is incongruous, not to say absurd, when applied to deeds which cannot
in their nature be delivered to any person; as deeds of revocation, appointment,
&c., under a power where uses to unborn children and the like, if in fact
such instruments, though sealed, can be properly called deeds, i. e. writings
sealed and delivered. Ritson's Practical Points, 146.
DELIVERY, contracts. The transmitting the possession of a thing from
one person into the power and possession of another.
2. Originally, delivery was a clear and unequivocal act of giving possession,
accomplished by placing the subject to be transferred in the hands of the buyer
or his avowed agent, or in their respective warehouses, vessels, carts, and the
like. This delivery was properly considered as the true badge of transferred
property, as importing full evidence of consent to transfer; preventing the
appearance of possession in the transferrer from continuing the credit of
property unduly; and avoiding uncertainty and risk in the title of the
3. The complicated transactions of modern trade, however, render impossible a
strict adherence to this simple rule. It often happens that the purchaser of a
commodity cannot take immediate possession and receive the delivery. The bulk of
the goods; their peculiar situation, as when they are deposited in public
custody for duties, or in the hands of a manufacturer for the purpose of having
some operation of his art performed upon them, to fit them for the market the
distance they are from the house; the frequency of bargains concluded by
correspondence between distant countries, and many other obstructions,
frequently render it impracticable to give or to receive actual delivery. In
these and such like cases, something short of actual delivery has been
considered sufficient to transfer the property.
4. In sales, gifts, and other contracts, where the party intends to transfer
the property, the delivery must be made with the intent to enable the receiver
to obtain dominion over it. 3 Serg. & Rawle, 20; 4 Rawle, 260; 5 Serg. &
Rawle, 275 9 John. 337. The delivery may be actual, by putting the thing sold in
the hands or possession of the purchaser; or it may be symbolical, as where a
man buys goods which are in a room, the receipt of the keys will be sufficient.
1 Yeates, 529; 5 Johns. R. 335; 1 East, R. 192.; 3 Bos. & Pull. 233; 10
Mass. 308; 6 Watts & Serg. 94. As to what will amount to a delivery of goods
and merchandise, vide 1 Holt, 18; 4 Mass. 661; 8 Mass. 287; 14 Johns. R. 167; 15
Johns. R. 849; 1 Taunt. R. 318 H. Black. R. 316, 504; 1 New R. 69; 6 East, R.
5. There is sometimes considerable difficulty in ascertaining the particular
period when the property in the goods sold passes from the vendor to the vendee;
and what facts amount to an actual delivery of the goods. Certain rules have
been established, and the difficulty is to apply the facts of the case.
6. - 1. Where goods are sold, if nothing remains to be done on the part of
the seller as between him and the buyer, before the article is to be deliver-ed,
the property has passed. East, R. 614; 4 Mass. 661; 8 Mass. 287 14 Johns. 167;
15 Johns. 349; 1 Holt's R. 18; 3 Eng. C. L. r. 9.
7. - 2. Where a chattel is made to order, the property therein is not vested
in the quasi vendee, until finished and delivered, though he has paid for it. 1
8. - 3. The criterion to determine whether there has been a delivery on a
sale, is to consider whether the vendor still retains, in that character, a
right over. the property. 2 H. Blackst, R. 316.
9. - 4. Where a part of the goods sold by an entire contract, has been taken
possession of by the vendee, that shall be deemed a taking possession of the
whole. 2 H. Bl. R. 504; 1 New Rep. 69. Such partial delivery is not a delivery
of the whole, so as to vest in the vendee the entire property in the whole,
where some act, other than the payment of the price, is necessary to be
performed in order to vest the property. 6 East, R. 614.
10. - 5. Where goods are sent by order to a carrier the carrier receives them
as the vendee's agent. Cowp. 294; 3 Bos. & Pull. 582; 2 N. R. 119.
11. - 6. A delivery may be made in a very slight manner; as where one buys
goods which are in a room, the receipt of the key is sufficient. 1 Yeates, 529;
5 Johns. 335; 1 East, R. 192. See, also, 3. B. & P. 233 7 East, Rep. 558; 1
12. - 7. The vendor. of bulky articles is not bound to, deliver them, unless
he stipulated to do so; be must give notice to the buyer that he is ready to
deliver them. 5 Serg. & Rawle, 19; 12. Mass. 300; 4 Shepl. Rep. 49; and see
3 Johns. 399; 13 Johns. 294; 19 Johns. 218; 1 Dall. 171.
13. - 8. A sale of bricks in a brick-yard, accompanied with a lease of the
yard until the bricks should be sold and removed, was held to be valid against
the creditors of the vendor, without an actual removal. 10 Mass. 308.
14. - 9. Where goods were contracted to be sold upon condition that the
vendee should give security for the price, and they are delivered without
security being given, but with the declaration on the part of the vendor that
the transaction should not be deemed a sale, until the security should be
furnished; it was held that the goods remained the property of the vendor,
notwithstanding the delivery. But it seems that in such cases the goods would be
liable for the debts of, the vendee's creditors, originating after the delivery;
and that the vendee may, for a bona fide consideration, sell the goods while in
his possession. 4 Mass. 405.
15. - 10. Where goods are sold to be paid for on delivery, if, on delivery,
the vendee refuses to pay for them, the property is not divested from the
vendor. 13 Johns. 434; 1 Yeates, 529.
16. - 11. If the vendor rely on the promises of the vendee to perform the
conditions of the sale, and deliver the goods accordingly, the right of
property. is changed; but where, performance and delivery are understood to be
simultaneous, possession, obtained by artifice, will not vest a title in the
vendee. 3 Serg. & Rawle, 20.
17. - 12. Where, on the sale of a chattel, the purchase money is paid, the
property is vested in the vendee, and if he permit it to remain in the custody
of the vendor, he cannot call upon the latter for any subsequent loss or
deterioration not arising from negligence. 2 Johns. 13; 2 Caines, R. 38 3
18. In order to make a good donatio mortis causa, it is requisite that there
should be a delivery of the subject to or for the donee, where such delivery can
be made. 3 Binn. R. 370; 1 Miles, Rep. 109, 110; 2 Ves. Jr. 120; 9 Ves. Jr.
19. The delivery of the key of the place where bulky goods are deposited, is,
however, a sufficient delivery of such goods. 2 Ves. Sen. 445. Vide 3 P. Wms.
357; 2 Bro. C. C. 612; 4 Barn. & A. 1; 3 Barn. & C. 45 Bouv. Inst.
Index, h. t. See Sale; Stoppage in transitu; Tender; and Domat, Lois Civiles,
Liv. 1, tit. 2, s. 2 Harr. Dig. Sale, II. 3.
DELIVERY, child-birth, med. jur. The act of a woman giving birth to
2. It is frequently of great importance to ascertain whether or not a
delivery has taken place, and the time when it took place. Delivery may be
considered with regard, 1. To pretended delivery. 2. To concealed delivery and,
3. To the usual signs of delivery.
3. - 1. In pretended delivery, the female declares herself to be a mother,
without being so in reality; an act always prompted by folly or fraud.
4. Pretended delivery may present itself in three points of view, 1. When the
female who feigns has never been pregnant. When thoroughly investigated, this
may always be detected. There are signs which must be present, and cannot be
feigned. An enlargement of the orifice of the uterus, and a tumefaction of the
organs of generation, should always be present, and if absent, are conclusive
against the' fact. Annales d'Hygiene, tome ii. p. 227. 2. When the pretended
pregnancy and delivery have been preceded by one or more deliveries. In this
case, attention should be given to the following circumstances: the mystery, if
any, which has been affected with regard to the situation of the female; her
age; that of her hushand and particularly whether aged or decrepid. 3. When the
woman has been actually delivered, and substitutes a living for a dead child.
But little evidence can be obtained on this subject from a physical
5. - 2. Concealed delivery generally takes place when the woman either has
destroyed her offspring, or it was born dead. In suspected cases, the following
circumstances should be attended to: 1. The proofs of pregnancy which arise in
consequence of the examination of the mother. When she has been pregnant, and
has been delivered, the usual signs of delivery, mentioned below, will be
present. A careful investigation as to the woman's appearance, before and since
the delivery, will have some weight, though such evidence is not always to be
relied upon, as such appearances are not unfrequently deceptive. 2. The proofs
of recent delivery. 3. The connexion between the supposed state of parturition,
and the state of the child that is found; for if the age of the child do not
correspond to that time, it will be a strong circumstance in favor of the
mother's innocence. A redness of the shin and an attachment of the umbilical
cord to the navel, indicate a recent birth. Whether the child was living at its
birth, belongs to the subject of infanticide. (q. v.)
6. - 3. The usual signs of delivery are very well collected in Beck's
excellent treatise on Medical Jurisprudence, and are here extracted: If the
female be examined within three or four days after the occurrence of delivery,
the following circumstances will generally be observed: greater or less
weakness, a slight paleness of the face, the eye a little sunken, and surrounded
by a purplish or dark brown colored ring, and a whiteness of the skin, like a
person convalescing from disease. The belly is soft, the skin of the abdomen is
lax, lies in folds, and is traversed in various directions by shining reddish
and whitish lines, which especially extend from the groins and pubis to the
naval. These lines have sometimes been termed linecae albicantes, and are
particularly observed near the umbilical region, where the abdomen has
experienced the greatest distention. The breasts become tumid and hard, and on
pressure emit a fluid, which at first is serous, and afterwards gradually
becomes whiter; and the presence of this secretion is generally accompanied with
a full pulse and soft skin, covered with a moisture of a peculiar and somewhat
acid odor. The areolae round the nipples are dark colored. The external genital
organs and vagina are dilated and tumefied throughout the whole of their extent,
from the pressure of the foetus. The uterus may be felt through the abdominal
parietes, voluminous, firm, and globular, and rising nearly as high as the
umbilicus. Its orifice is soft and tumid, and dilated so as to admit two or more
fingers. The fourchette; or anterior margin of the perinaeum, is sometimes torn,
or it is lax, and appears to have suffered considerable distention. A discharge
(termed the lochial) commences from the uterus, which is distinguished from the
menses by its pale color, its peculiar and well-known smell, and its duration.
The lochia are at first of a red color, and gradually become lighter until they
7. These signs may generally be relied upon as indicating the state of
pregnancy, yet it requires much experience in order not to be deceived by
8. - 1. The lochial discharge might be mistaken for menstruation, or fluor
albus, were it not for its peculiar smell; and this it has been found
impossible, by any artifice, to destroy.
9. - 2. Relaxation of the soft parts arises as frequently from menstruation
as from delivery; but in these cases the os uteri and vagina are not so much
tumefied, nor is there that tenderness and swelling. The parts are found pale
and flabby, when all signs of contusion disappear, after delivery; and this
circumstance does not follow menstruation.
10. - 3. The presence of milk, though a usual sign of delivery, is not always
to be relied upon, for this secretion may take place independent of
11.-4. The wrinkles and relaxations of the abdomen which follow delivery, may
be the consequence of dropsy, or of lankness following great obesity. This state
of the parts is also seldom striking after the birth of the first child, as they
shortly resume their natural state. Vide, generally, 1 Beck's Med. Jur. c. 7, p.
206; 1 Chit. Med. Jur. 411; Ryan's Med. Jur. ch. 10, p. 133; 1 Briand, Med. Leg.
lere partie, c. 5.
DELUSION, med. jurisp. A diseased state of the mind, in which persons
believe things to exist, which exist only, or in the degree they are conceived
of only in their own imaginations, with a persuasion so fixed and firm, that
neither evidence nor argument can convince them to the contrary.
2. The individual is, of course, insane. For example, should a parent
unjustly persist without the least ground in attributing to his daughter a
course of vice, and use her with uniform unkindness, there not being the
slightest pretence or color of reason for the supposition, a just inference of
insanity, or delusion, would arise in the minds of a jury: because a supposition
long entertained and persisted in, after argument to the contrary, and against
the natural affections of a parent, suggests that he must labor under some
morbid mental delusion. 3 Addams' R. 90, 91; Id. 180; Hagg. R. 27 and see Dr.
Connolly's Inquiry into Insanity, 384; Ray, Med. Jur. Prel. Views., §20, p. 41,
and §22, p. 47; 3 Addams, R. 79; 1 Litt. R. 371 Annales d'Hygiene Publique, tom.
3, p. 370; 8 Watts, 70; 13 Ves. 89; 1 Pow. Dev. by Jarman, 130, note Shelf. on
Lun. 296; 2 Bouv. Inst. n. 2104-10.
DEMAND, contracts. A claim; a legal obligation.
2. Lord Coke says, that demand is a word of art, and of an extent, in its
signification, greater than any other word except claim. Litt. sect. 508; Co.
Litt. 291; 2 Hill, R. 220; 9 S. & R. 124; 6 Watts and S. 226. Hence a
release of all demands is, in general, a release of all covenants, real and
personal, conditions, whether broken or not, annuities, recognizances,
obligations, contracts, and the like. 3 Tho. Co. Litt. 427; 3 Penna, 120; 2
Hill, R. 228.
3. But a release of all demands does not discharge rent before it is due, if
it be a rent incident to the reversion; for the rent was not only not due, but
the consideration - the future enjoyment of the lands - for which the rent was
to be given, was not executed. 1 Sid. 141; 1 Lev. 99 3 Lev. 274; Bac. Ab.
DEMAND, practice. A requisition or a request by one individual to
another to do a particular thing.
2. Demands are either express or implied. In many cases, an express demand
must be made before the commencement of an action, some of whichwil l be
considered below; in other cases an implied demand is all that the law requires,
and the bringing of an action is a sufficient demand in those cases. 1 Saund.
33, note 2.
3. A demand is frequently necessary to secure to a man all his rights, both
in actions arising on contracts and those which are founded on some tort. It is
requisite also, when it is intended to bring the party into contempt for not
performing an order which has been made a rule of court.
4. - 1. Whether a demand is requisite before the plaintiff can commence an
action arising on contract, depends upon express or implied stipulations of the
parties. In case of the sale of property, for example, to be paid for on
delivery, a demand of it must be made before the commencement of an action for
non-delivery, and proved on the trial, unless it can be shown that the seller
has incapacitated himself by a resale and delivery of the property to another
person, or otherwise. 1 East, R. 204 5 T. R. 409; 10 East, R. 359; 5 B. &
Ald. 712 2 Bibb, 280 Hardin, 79; 1 Verm. 25; 5 Cowen, 516. 16 Mass. 453; 6 Mass.
61 4 Mass. 474; 3 Bibb, 85; 3 Wend. 556; 5 Munf. R. 1; 2 Greenl. 308; 9 John.
361; 6 Hill, N. Y. Rep. 297.
5. On the same principles, a request on a general promise to marry is
requisite, unless it be dispensed with by the party's marrying another person,
which puts it out of his power to fulfil his contract, or that he refuses to
marry at any time. 2 Dow. & Ry. 55; 1 Chit. Pr. 57, note (n), and 438, note
6. A demand of rent must always be made before a re-entry for the non-payment
of rent. Vide Re-entry.
7. When a note is given and no time of payment is mentioned, it is payable
immediately. 8 John. R. 374; 5 Cowen, R. 516 1 Conn. R. 404; 1 Bibb, R. 164; 1
Blackf. R. 233.
8. There are cases where, a demand is not originally necessary, but becomes
so by the act of the obligor. On a promissory note no express demand of payment
is requisite before bringing an action, but if the debtor tenders the amount due
to the creditor on the note, it becomes necessary before bringing. an action, to
make a demand of the debtor for payment; and this should be of the very sum
tendered. 1 Campb. 181 Id. 474; 1 Stark. R. 323; 2 E. C. L. R. 409.
9. When a debt or obligation is payable, and no day of payment is fixed, it
is payable, on demand. In omnibus obligationibus in quibus dies non ponitur,
presenti die debitur. Jac. Introd. 62; 7 T. R. 427 Barn. & Cr. 157. The
demand must, however, be made in a reasonable time, for after the lapse of
twenty years, a presumption will arise that the note has been paid; but, like
some other presumptions, it may be rebutted, by showing the fact that the note
remains unpaid. 5 Esp. R. 52 1 D. & R. 16 Byles on Bills, 169.
10. When demand of the payment of a debt, secured by note or other
instrument, is made, the party making it should be ready to deliver up such note
or instrument, on payment. If it has been lost or destroyed, an indemnity should
be offered. 2 Taunt. 61; 3 Taunt. 397; 5 Taunt. 30; 6 Mass. R. 524; 7 Mass. R.
483; 13 Mass. R. 557; 11 Wheat. R. 171; 4 Verm. R. 313; 7 Gill & Johns. 78 3
Whart. R. 116; 12 Pick. R. 132 17 Mass. 449.
11.-2. It is requisite in some cases arising ex delicto, to make a demand of
restoration of the right before the commencement of an action.
12. The following are examples 1. When the wife, apprentice, or servant of
one person, has been harbored by another, the proper course is to make a demand
of restoration before an action brought, in order to constitute the party a
wilful wrongdoer, unless the plaintiff can prove an original illegal enticing
away. 2 Lev. 63: Willes, 582; 1 Peake's C. N. P. 55; 5 East, 39; 6 T. R. 652; 4
Moore's R. 12 16 E. C. L. R. 3 5 7.
13. - 2. In cases where the taking of goods is lawful, but their subsequent
detention becomes illegal, it is absolutely necessary, in order to secure
sufficient evidence of a conversion on the trial, to give a formal notice of the
owner's right to the property and possession, and to make a formal demand in
writing of thedelivery of such possession to the owner. The refusal to comply
with such a demand, unless justified by some right which the possessor may have
in the thing detained, will in general afford sufficient evidence of a
conversion. 2 Saund. 47, note (e); 1 Chit. Pr. 566.
14. - 3. When a nuisance has been erected or continued by a man on his own
land) it is advisable, particularly in the case of a private nuisance, to give
the party notice and request him to remove it, either before an entry is made
for the purpose of abating it, or an action is commenced against the wrong doer
and a demand is always indispensable in cases of a continuance of a nuisance
originally created by another person. 2 B. & C. 302; S. C. 9 E. C. L. R. 96
Cro. Jac. 555; 5 Co. 100, 101; 2 Phil. Ev. 8, 18, n. 119; 1 East, 111; 7 Vin.
Ab. 506; 1 Ayl. Pand. 497; Bac. Ab. Rent, 1. Vide articles Abatement of
Nuisance, and if Nuisance. For the allegation of a demand or request in a
declaration, see article Licet scoepius requisitus; and Com. Dig. Pleader, C 70
2 Chit. Pl. 84; 1 Saund. 33, note 2; 1 Chit. Pl. 322.
15. - 4. When an order to pay money, or to do any other thing, has been made
a rule of court, a demand for the payment of the money, or performance of the
thing, must be made before an attachment will be issued for a contempt. 2 Dowl.
P. C. 338, 448: 1 C. M. & R. 88, 459; 4 Tyr. 369; 2 Scott, 193; 4 Dowl. P.
C. 114; 1 Hodges 197; 1 Har. & Woll. 216; 1 Hodges, 157; Id. 337; 4 Dowl. P.
DEMAND IN RECONVENTION. In Louisiana, this term is used to signify the
demand which the defendant institutes in consequence of that which the plaintiff
has brought against him. Code of Pr. art. 374. Vide Cross action.
DEFANDANT, practice. The plaintiff or party who brings a real action,
is called the demandant. Co. Litt. 127; 1 Com. Dig. 85.
DEMENCY, dementia, med. jur. A defect, hebetude, or imbecility of the
under standing, general or partial, but confined to individual faculties of the
mind, particularly those concerned in associating and comparing ideas, whence
proceeds great, confusion and incapacity in arranging the thoughts. 1 Chit. Med.
Jur. 351; Cyclop. Practical Med. tit. Insanity; Ray, Med. Jur. ch. 9; 1 -Beck's
Med. Jur. 547.
2. Demency is attended with a general enfeeblement of the moral and
intellectual faculties, consequence of age or disease, which were originally
well developed and sound. It is characterised by forgetfulness of the past;
indifference to the present and future, and a childish disposition. It differs
from idiocy and imbecility. In these latter, the powers of the mind were never
possessed, while in demency, they have been lost.
3. Demency may also be distinguished from mania, with which it is sometimes
confounded. In the former, the mind has lost its strength, and thereby the
reasoning faculty is impaired; while in the latter, the madness arises from an
exaltation of vital power, or from a morbid excess of activity.
4. Demency is divided into acute and chronic. The former is a consequence of
temporary errors of regimen, fevers, hemorrhages, &c., and is susceptible of
cure the latter, or chronic demency, may succeed mania, apoplexy, epilepsy,
masturbation, and drunkenness, but is generally that incurable decay of the mind
which occurs in old age.
5. When demency has been fully established in its last stages, the acts of
the individual of a civil nature will be void, because the party had no
consenting mind. Vide Contracts; Wills; 2 Phillim. R. 449. Having no legal will
or intention, he cannot of course commit a crime. Vide Insanity; Mania.
DEMESNE, Eng. law. The name given to that portion of the Iands of a
manor which the lord retained in his own hands for the use of himself and
family. These lands were called terra dominicales or demesne lands, because they
were occupied by the lord, or dominus manerii, and his servants, &c. 2 Bl.
Com. 90. Vide Ancient Demesne; Demesne as of fee; and Soil assault demesne.
DEMESNE AS OF FEE. A man is said to be seised in his demesne as of fee
of a corporeal inheritance, because he has a property dominicum or demesne in
the thing itself. 2 Bl. Com. 106. But when he has no dominion in the thing
itself, as in the case of an incorporeal hereditament, he is said to be seised
as of fee, and not in his demesne as of fee. Liit. s. 10; 17 S. & R. 196;
Jones on Land Titles, i66.
2. Formerly it was the practice in an action on the case, e. g. for a
nuisance to real estate, to aver in the declaration the seisin of the plaintiff
in demesne as of fee; and this is still necessary, in order to estop the record
with the land; so that it may run with or attend the title. Arch. Civ. Pl. 104;
Co. Ent. 9, pl. 8 Lill. Ent. 62; 1 Saund. Rep. 346; Willes, Rep. 508. But such
an action may be maintained on the possession as well as on the seisin, although
the effect of the record in this case upon the title would not be the same.
Steph. on Pl. 322 Arch. Dig. 104; 1 Lutw. 12; 2 Mod. 71; 4 T. R. 718; 2 Saund. 1
Arch. Dig. 105; Cro. Car. 500. 575
DEMIDIETAS. This word is used in ancient records for a moiety, or one
half. DEMIES. In some universities and colleges this term is synonymous with
scholars. Boyle on Charities, 129.
DEMISE, contracts. In its most extended signification, it is a
conveyance either in fee, for life, or for years. In its more technical meaning,
it is a lease or conveyance for a term of years. Vide Cow. L. & T. Index, h.
t.; Ad. Eject. Index, h. t.; 2 Hill. Ab. 130; Com. Dig. h. t., and the heads
there referred to. According to Chief Justice Gibson, the term demise strictly
denotes a posthumous grant, and no more. 5 1 Whart. R. 278. See 4 Bing. N. C.
678; S. C. 33 Eng. C. L. R. 492; 2 Bouv. Inst. n. 1774, et seq.