Page 62
D.
DAMMAGE.
DAmmage, in the Common Law, hath a spe∣ciall signification, for the recompence that is given by the Jury, to the Plaintiff or De∣fendant, for the wrong done unto him. Cook on Lit. l. 3. c. 7. sect. 431. Damnum dicitur à demende, cum diminutione ves deterior fit, Cook lib. 1 ••. Rep. So costs of suit are dammages to the Plaintiff, for by them his substance is diminished.
DAMMAGE FEASANT.
Dammage Feasant, is when a strangers Beasts are in another mans ground, without lawfull au∣thority or licence of the Tenant of the ground, and there do feed, tread and otherwise spoil the Corn, Grass, Woods, or such like. In which case, the Te∣nant, whom they hurt, may therefore take, distrain, and impound them, as well in the night as in the day; but for rent and services none may distrain in the night season.
He that hath the hurt may take the Beasts as a di∣stress, and put them in a Pound overt, so it be within the same shire, and there let them remain* 1.1 till the owner will make him amends for the hurt: but by the Stature of Queen Mary, the Beasts must not be driven above three miles out of the hun∣dred.
DEAN.
Dean, is derived of the Greek word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that signifieth ten, because he was antiently over ten