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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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.

Read More

DE FURTO

of theft, one of the kinds of criminal appeal formerly in use in England. 2 Reeve, Eng. Law, 40

Read More

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. […]

Read More

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

Read More

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

Read More

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, […]

Read More

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.

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More

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

Read More