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

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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. […]

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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.

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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

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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.

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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

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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

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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 […]

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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

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DE ALTO ET BASSO

of high and low. A phrase anciently used to denote the absolute submission of all differences to arbitfa-tion. CowelL

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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

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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

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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

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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

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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

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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

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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

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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

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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

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DATE

The specification or mention, ln a written instrument, of the time (day and year) when it was made. Also the time so specified

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DATA

In old practice and conveyancing. The date of a deed; the time when it was given; that Is, executed

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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

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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

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DANGER

Jeopardy; exposure to loss or injury; peril. U. S. v. Mays, 1 Idaho, 770

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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

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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 […]

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DAMNATUS

In old English law. Con-demned; prohibited by law; unlawful. Dam-natus coitus, an unlawful connection

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