L. Fr. For
Category: D
DE BENE ESSE
Conditionally; provl-sionally; in anticipation of future need. A phrase applied to proceedings which are tak-en at parte or provisionally, and are allow-ed to Btand as tv ell done for the present, bub which- may be subject to ^future exception or
DE AVERIIS RETORNANDIS
For
DE AVERHS REPLEGIANDIS
A writ
DE AVERIIS CAPTIS IN WITHER-NAMIUM
writ for taking cattle in wlth-ernam. A writ which lay where the sheriff returned to a plurics writ of replevin that the cattle or goods, etc., were eloined. etc.; by which he was commanded to take the cattle of the defendant in withernam, (or re-prlsal,) aud detain them until he could re-plevy the other cattle. […]
DE AUDIENDO ET TERMINANDO
For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear aud determine cases of heinous misde-meanor. trespass, riotous breach of the peace, etc. Reg. orig. 323, et acq.; Fitzh. Nat. Brev. 110 B. See oyeb and Tekminkk.
DE ATTORNATO RECIPIENDO
A
DE ASSISA PROROGANDA
(Lat. For proroguing assise.) A writ to put off an assise, issuing to the justices, where oue of the parties ls engaged in the service of the king
DE ASPORTATIS RELIGIOSORUM
Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, oue of which was the waste they suffered by being drained into foreign countries. 2 Reeve. Eng. Law. 157; 2 lost. 580.
DE ARRESTANDO IPSUM QUI PE-CUNIAM RECEPIT
A writ which lay for the arrest of one who had taken the
DE ARRESTANDIS BONIS NE DIS-SIPENTUR
An old writ which lay to seize goods in the hands of a party during the pendency of a suit, to prevent their be-ing made away with. Reg. orig. 126b
DE ARBITRATIONE FACTA
(Lat of arbitration had.) A writ formerly used when an action was brought for a cause which had been settled by arbitration, wats. Arb. 256
DE ANNUO REDITU
For a yearly rent. A writ to recover an annuity, no mat-ter how payable, in goods or money. 2 Reeve, Eng. Law, 258
DE ANNO BISSEXTILI
of the bis-sextile or leap year. The title of a statute passed ln the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or direction to the justices of the bench. Instructing them how the extraor-dlnary day in the leap year was to be reckoned in cases […]
DE AMPLIORI GRATIA
of more abundant or especial grace. Townsh. PL 18
DE AMBITU
TU. Lat Concerning bribery. A phrase descriptlve of the subject-matter of several of tbe Roman laws; as the Lex Aufldia, the Lex Pompcia. the Lex Tullia, and others. See Ambitus
DE ALTO ET BASSO
of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitfa-tion. CowelL
DE ALEATORIBUS
About gamesters. The name of a title in the Pandects. Dig. 11, 5
DE .STATE PROBANDA
For prov-ing age. A writ which formerly lay to sum-mon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as heing of full age. Fitzh. Nat Brev. 257; Reg. orig. 294
DE ASSTIMATO
In Roman law. one of the lnnomlnate contracts, and, ln effect, a sale of land or goods at a price fixed, (aesti-mato,) and guarantied by some third party, who undertook to find a purchaser
DE HSQUITATE
In equity. De jure stricto, nihil possum vendicare, de aquitate tumen, nullo mo’do hoc obtinet; in strict law, I can claim nothing, bnt in equity this by no means obtains. Fleta, lib. 8, c. 2, t 10
DE ADVISAMENTO CONSILH NOS-TRI
L. Lat with or by the advice of our council. A phrase used in tbe old writs of summons to parliament Crabb, Eng. Law, 240
DE ADMENSURATIONE
of admeas-urement Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pastura was a writ for the admeasurement of pasture
DE AOQUIRENDO RERUM DOMINIO
of (about) acquiring the ownership of things. Dig. 41, 1; Bract, lib. 2, fol. 8b.
DAYSMAN
An arbitrator, umpire, or elected judge. Cowell
DAYLIGHT
That portion of time be-fore sunrise, and after sunBet, which is ac-counted part of the day, (as distinguished from night,) in defining the offense of bur-glary. 4 Bl. Comm. 224; Cro. Jac. 106
DAYERIA
A dairy. CoweU
DAY-WRIT
or DAY-WRIT. In Rng-lish law. A permission granted to a prisoner to go out of prison, for the purpose of trans-acting his business, as to hear a case ln
DAY-BOOK
A tradesman’s account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries
DAY.’ I
A period of time consisting, of twenty-four hoars and including the solar
DAUGHTER
An immediate female de-scendaut. People v. Kaiser, 119 Cal. 456, 51 Pac. 702. May include the issue of a daughter. Buchanan v. Lloyd, 88 Md. 462. 41 Atl. 1075; Jamison v. Hay. 40 Mo. 546. May designate a natural or Illegitimate fe-male child. State v. Laurence, 95 N. C., 659
DATUR DIGNIORI
It is given to th,e more worthy. 2 Veut. 2G8
DATUM
A first principle; a thiug given; a date
DATE CERTAINE
In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the for-mality of registration; after this formality has been complied with, the parties to the deed cannot by mutual consent change the date thereof. Arg. Fr. Merc. Law. 555
DATE
The specification or mention, ln a written instrument, of the time (day and year) when it was made. Also the time so specified
DATA
In old practice and conveyancing. The date of a deed; the time when it was given; that Is, executed
DARREIN
L. Fr. Last
DARRAIGN
To clear a legal account; to answer an accusation; to settle a contro-versy
DARE AD REMANENTIAM
To give away in fee, or forever
DARE
Lat. In the clvil law. To trans-fer property, when this transfer is made in order to discharge a debt, it is datio sol-vendi animo; when in order to receive an equivalent, to create an obligation, lt is datio contrahendi animo; lastly, when made donandi animo, from mere liberality, lt ls a gift, dono datio
DAPIFER
A steward either of a king or lord. Spelman
DANISM
The act of lending money on usury
DANGERIA
In old English law. 4 money payment made by forest-tenants, that they might have liberty to plow nud sow ln time of pannage, or mast feeding
DANGER
Jeopardy; exposure to loss or injury; peril. U. S. v. Mays, 1 Idaho, 770
DANELAGE
A system of laws intro-duced by the Danes on thelr invasion nnd conquest of England, and which was principally maintained in some of the midland counties, and also on the eastern coast. 1 BL Comm. 65: 4 Bl. Comm. 411: 1 Stenh. Comm. 42
DANEGELT, DANEGELD
A tribute of Is. and afterwards of 2s. uf>on every hide of laud through the realm, levied by the An-glo-Saxons, for maiutalulug such a number of forces as were thought sufficient to clear the British seas of Danish pirates, who greatly anuoyed their coasts. It continued a tax until the time of Stephen, and was […]
DAMNIFICATION
That which causes damage or loss
DAMNI INJURUE ACTIO
An action given by the civil law for the damage done
DAMNATUS
In old English law. Con-demned; prohibited by law; unlawful. Dam-natus coitus, an unlawful connection
DAMNA
Damages, both Inclusive and exclusive of costs