writ of free fishery. A species of quod permittat. Reg. orlg. 155
Category: D
DE LIBERA FALDA
writ of free fold. A specles of quod permittat. Reg. Orig. 166
DE LEPROSO AMOVENDO
writ for removing a leper. A writ to remove a leper who thrust himself into the company of his
DE LEGATIS ET FIDEI OOMMISSIS
of legacies and trusts. The name of a tltle of the Pandects. Dig. 30.
DE LATERE
From the side; on the
DE JUDICHS
of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, sev-enth, eighth, ninth, tenth, and eleventh books. See Dig. process, f 3
DE JUDICATO SOLVENDO
For pay-ment of the amount adjudged. A term ap-piied in the Scotch law to ball to the action, or speclal bail
DE JUDAISMO, STATUTUM
The
DE JACTURA EVITANDA
For avoid-ing a loss. A phrase applled to a defend-ant, as da lucro captando is to a plaintiff. Jones v. Sevier, 1 Litt (Ky.) 51, 13 Am. Dec. 218
DE INTRUSIONE
A writ of intrusion; where a stranger entered after the death of
DE INTEGRO
Anew; a second time. As lt was before
DE INOFFICIOSO TESTAMENTO
Concerning an inofficious or undutifui will. A title of the civil law. Inst. 2, 18.
DE INGRESSU
A writ of entry. Reg. orlg. 227b, et seq
DE INCREMENTO
of increase; ln addition. Costs de incremento, or costs of in-crease, are the costs adjudged by the court in civil actions, fn addition to the damages and nominal costs found by the jury. Glib. Com. Pl. 260
DE US QUI PONENDI SUNT IN AS-SISIS
of those who are to be put on as-sises. The title of a statute passed 21 Edw
DE IDIOTA INQUIRENDO
An old
DE IDENTITATE NOMINIS
A writ -which lay for one arrested in a personal action and committed to prison under a mis-take as to his identity, the proper defendant hearing the same name. Reg. orlg. 194
DE HOMINE REPLEGIANDO
(Lat. For replevying a man;) A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon glving se-curity to the sheriff that the man shall be forthcomlng to answer any charge against him. Fitzh. Nat. Brev. 66; 3 Bl. Comm. 129
DE HOMINE CAPTO IN WITHERNAM
(Lat. For taking a man in wither-nam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin
DE HOMAGIO RESPECTUANDO
A
DE HJERETICO COMBURENDO
(Lat For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, -and had relapsed into heresy. It is said to be very ancient Fitzh. Nat Brev. 269 ; 4 Bl. Comm. 46
DE HJEREDE RAPTO ET ABDUCTO
writ concerning an heir ravished and car-rled away. A writ which anciently lay for a lord who, having by right the wardship of his tenant under age could not obtain hls body, the eame being carried away by an-other person. Reg. orig. 163; old Nat Brev. 93.
DE HJSREDE DELIBERANDO ILLI QUI HABET CUSTODIAM TERRAS
writ for delivering an heir to him who has ward-1 ship of the land. A writ dlrected to the sheriff,, to require one that had the body of him that was ward to another to deliver him to the person whose ward he was by reason of his land. Reg. orlg. 161
DE FURTO
of theft, one of the kinds of criminal appeal formerly in use in England. 2 Reeve, Eng. Law, 40
DE FRANGENTIBUS FRISONAM
Concerning those that break prison. The title of the statute 1 Edw. II. ordainlng that none from thenceforth who broke prison should have judgment of life or limb for breaklng prison only, unless the. cause for which he was taken and Imprisoned required such a judgment if he was lawfully convict-ed thereof. 2 Reeve, Eng. […]
DE FORISFACTURA MARITAGII
Writ of forfeiture of marriage. Reg. orig. 163, 164.
DE FINIBUS LEVATIS
Concerning fines levied. The title of the statute 27 Edw. I. requiring fines thereafter to be levied, to be read openly and solemnly in court. 2 lust 521
DE FINE PRO REDISSEISINA CA-PIENDO
A writ whlch lay for the release of one imprisoned for a re-disseisin, on pay-ment qf a reasonable fine. Reg. orig. 222b
DE FINE NON CAPIENDO PRO PUL-CHRE PLACITANDO
A writ prohibiting the taking of fines for beau pleader. Reg. orig. 179
DE FINE FORCE
L. Fr. of necessity; of pure necessity. See Fine Force
DE FIDEI UESIONE
of breach of faith or fidelity. 4 Reeve, Eng. Law, 09
DE FALSO JUDICIO
writ of false judgment. Reg. orig. 15; Fitzh. Nat. Brev. 18. See False Judgment
DE FAIRS ECHELLE
In French law. ? clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 wend. (N. Y.) 491
DE FACTO
In fact, ln deed, actunlly. This phrase is used to characterize au officer, a government, a past action, or a state of af-fairs which exists actually and must be ac-cepted for all practical purposes, but which ls illegal or Illegitimate. In this sense it is the contrary of de jure, which means rightful, legitimate, just, […]
DE EXPENSIS MILITUM LEVANDIS
writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire in parliament Reg. orig. 191b, 192.
DE EXPENSIS OIVIUM ET BURGEN-SIUM
An obsolete writ addressed to the sheriff to levy the expenses of every citizen and burgess of parliament 4 Inst 46
DE EXEMPLIFICATIONE
writ of exemplification. A writ granted for the exem-plification of an original. Reg. orig. 290b
DE EXECUTIONE JUDICU
A writ directed to a sheriff or bailiff, commanding him to do execution upon a Judgment Reg. orig. 18; Fitzh. Nat Brev. 20
DE EXCOMMUNICATO CAPIENDO
A writ commanding the sheriff to arrest one who was excommunicated, and imprison him till he should become reconciled to the church. 3 Bl. Comm. 102. Smith ?. Nelson, 18 Vt 511.
DE EU ET TRENE
L. Fr. of water and whlp of three cords. A term applied to a neife, that ls, a bond woman or female villein, as employed ln servile work, and sub-Ject to corporal punishment. Co. Litt. 25b
DE ESTREPAMENTO
A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to recover the lands. Reg. orig. 76b. Fitzh. Nat Brev. 60
DE ESTOVERHS HABENDIS
writ for having estovers. A writ which lay for a wife divorced a mensa et thoro. to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Lev. 6
DE ESSONIO DE MALO LECTI
A
DE ESSENDO QUIETUM DE TOLO-NIO
A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 226; Reg. orlg. 258b
DE ESSE IN PEREGRINATIONE
of
DE ESCAMBIO MONETAE
A writ of exchange of money. An ancient writ to au: thorize a merchant to make a bill of ex-change, (literas cambitorias Jacere.) Reg. orig. 194
DE ESCATTA
writ of escheat. A writ which a lord had, where hls tenant died with-out heir, to recover the land. Reg. orig. 164b; Fitzh. Nat Brev. 143, 144, E
DE EJECTIONE FIRMS
A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainder-man, or stranger who had himself deprived the tenant of the occupation of the land dur-lng his term. 3 Bl. Comm. 199
DE DOTE UNDE NIHIL HABET
A
DE DOMO REPARANDA
A writ which lay for one tenant iu common to corn-pel his co-tenant to contribute towards the repair of the common property