DE RECTO DE ADVOCATIONE. Writ
of right of advowson. Reg. Orig. 290. A writ which lay for one who had an estate in an advowson to him and his heirs in feesimple, if he were disturbed to present. Fitzh.
Terms beginning with "D" (491 total)
DE REOTO DE RATIONABILI PAR
TE. Writ of right, of reasonable part. A writ which lay between privies in blood, as between brothers in gavelkind, or between sisters or other coparceners for lands in feesimple, where one was deprived of his or her sha...
DE REPARATIONE FACIENDA. A
writ by which one tenant in common seeks to compel another to aid in repairing the property held in‘common. 8 Barn. & C. 269.
DE RIEN CULPABLE
L. Fr. of nothing; not guilty.
DE SA VIE. IL
Fr. Of his or her life; of his own life; as distinguished from pur autre vie, for another’s life. Litt. §§ 35, 36.
DE SECTA AD MOLENDINUM. Of
suit to a mill. A writ which lay to compel one to continue his custom (of grinding) at a mill. 8 Bl. Comm. 235; Fitzh. Nat. Brev. 122, M.
DE SON TORT
L. Fr. Of his own wrong. A stranger who takes upon him to act as an executor without any just authority is called an “executor of his own wrong,” (de son tort.) 2 Bl. Comm. 507; 2 Steph. Comm, 244.
DE STATUTO MERCATORIO. The
writ of statute merchant. Reg. Orig. 146b.
DE SUPERONERATIONE PAS
TURZ. Writ of surcharge of pasture. A judicial writ which lay for him who was impleaded in the county court, for surcharging a common with his cattle, in a case where he was formerly impleaded for it in the same court, a...
DE TALLAGIO NON CONCEDENDO
Of not allowing talliage. The name given to the statutes 25 and 34 Edw. I., restricting the power of the king to grant talliage. 2 Inst. 582; 2 Reeve, Eng. Law, 104..
DE TRANSGRESSIONE, AD AU
DIENDUM ET TERMINANDUM. A writ or commission for the hearing and determining any outrage or misdemeanor.
DE UXORE RAPTA ET ABDUCTA
A writ which lav where a man’s wife had been ravished and carried away. A species of writ of trespass. Reg. Orig. 97; Fitzh.
DE VERBORUM SIGNIFICATIONE
Of the signification of words. An important. title of the Digests or Pandects, (Dig. 50, 16,): consisting entirely of definitions of words and phrases used in the Roman law. oe
DE VICINETO
From the neighborhood, or vicinage. 3 Bl. Comm. 860. <A term applied to a jury.
De Witt’s asides vols
24-42 Dyer 8: English Reports,
DE. PARTITIONE FACIENDA
DE PARTITIONE FACIENDA. A writ which lay to make partition of lands or tene-
DEACON
lands; calling upon the tenant to appear and show cause why he committed waste and destruction in the place named, to the disinherison (ad exheredationem) of the plaintiff. Fitzh. Nat. Brev. 55, C; 3 BI.
DEAD BODY
to assist the priest in divine service and the distribution of the sacrament. It is the lowest order in the Churecb of England.
DEATH
animal and vital functions consequent thereon, such as respiration, pulsation, etc.
Deaver (D. C.) 14 Fed
597; People v. Hoffman, 126 Cal. 366, 58 Pac. 856; State v.
DEBET ET SOLET
knowledge,” aggravated by assault, violent seduction, ravishment. Koenig v. Nott, 2 (Lat. He owes and is used to.) Where a man sues in a writ of right or to recover any right of which he is for the first time disseise...
DEBET QUIS JURI SUBJACERE
he brings his writ in the debet et solet. Reg.
DEBITA FUNDI
L. Lat. In Scotch law. Debts secured upon land. Ersk. Inst. 4,1, 11.
DEBITA LAICORUM
L. Lat. In old English law. Debts of the laity, or of lay persons. Debts recoverable in the civil courts were anciently so called. Crabb, Eng. Law, 107.
DEBITUM IN PRZSENTI SOLVEN
DUM IN FUTURO. A debt or obligation complete when contracted, but of which the performance cannot be required till some future period.
DEBITUM SINE BREVI. UL
Lat. Debt without writ; debt without a declaration. In old practice, this term denoted an action begun by original bill, mstead of by writ. In modern usage, it is sometimes applied to a debt evidenced by confession of ju...
Debney v. State, 45 Neb
856. 64 N. W. 446, 34 lL. R. A. 851; Cannon vy. State, 60 Ark. 564. 81 S. W. 150.
DEBT
DEBITUM. Something due, or owing; a debt. a sum of money arising upon a contract, express or implied. In its more general sense, it is defined to be that which is due from one person to another, whether money, goods, or...
Dec
582. 707; Cady v. Brooklyn Union Pub. Co., 23 Misc. Rep. 409, 51 N. Y. Supp.:198. 496. An advancement is any provision by a parent made to and accepted by a child out of his estate, either in money or property, during ...
DECANATUS
debt which appears to be due by the evidence of a court of record, as by a judgment or recognizance. 2 Bl. Comm. 465.—Legal debts. Those that are recoverable in a court of common law, as debt on a bill of exchange, a b...
DECANIA
DECANTIA.: The office, jurisdiction, territory, or command of a decanus, or dean. Spelman.
Decatur v. Stoops, 21 Ind. App
807, 52 N. K&B 623.—Law of the staple. w administered in the court of the mayor of the staple; the law-merchant. 4 Inst. 235. STAPLE.< Laws of war. This term denotes a branch of ublic international law, and comprises t...
DECEM TALES
(Ten such; or ten tales, jurors.) In practice. The name of a writ which issues in England, where, on a trial at bar, ten jurors are necessary to make up a full panel, commanding the sheriff to summon the requisite number...
DECENNARIUS
Lat. One who held one-half a virgate of land. Du Cange. One of the ten freeholders in a decennary. I4.; Calvin. Decennier. One of the decennarii, or ten freeholders making up a tithing. Spelman.
DECENNARY
ten neighboring families.
Deception; fraud. Id
pt. 3, tit. 32, 1. 21.
DECERN
more proper name than decetfé to distinguish
DECIES TANTUM
(Ten. times as much.) The name of an ancient writ that was used against a juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe.
Decker, 48 Me
257. Mixed actions are those which are brought for the specific recovery of lands, like real actions, but comprise, joined with this claim, one for damages in respect of such property ; such as the action of waste, where...
DECLARATION
by way of authoritative answer to the questions raised before it. Adams v. Railroad 4, 1776, by the congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaimi...
Declinatory exceptions are such
dilatory exceptions as merely decline the jurisdiction of the judge before whom the. action is brought. Code Proc. La. 3834.
DECREET
but directs some further proceedings preparatory to the final decree. A decree pronounced for the purpose of ascertaining matter of law or fact preparatory to a final decree. 1 Barb. Ch. Pr. 326, 327. Teaff v.
DECREET 340
the decision is in favor of the plaintiff. Ersk. Inst, 4, 3, 5.—Decreet of valuation of teinds. A sentence of the court of sessions, ae are now in the place of the commissioners or the valuation of teinds,) determining...
DECREMENTUM MARIS
Lat. Inold English law. Decrease of the sea; the receding of the sea from the land. Callis, Sewers, (53,) 65. See RELICTION.
DECRETALES BONIFACII OCTAVI
A supplemental collection of the canon law, published by Boniface VIII. in 1298, called, also, “Liber Sextus Decretalium,” (Sixth Book of the Decretals.)
DECRETALES GREGORII NONI. The
decretals of Gregory the Ninth. A _ collection of the laws of the church, published by order of Gregory IX. in 1227. It is composed of five books, subdivided into titles, and each title is divided into chapters. They are...
DECURIO
Lat. <A decurion. In the provincial administration of the Roman empire, the decurions were the chief men or official personages of the large towns. Taken as a body, the decurions of a city were charged with the entire co...
DEDI
(Lat. 1 have given.) <A _ word.
DEDICATION
hearing of a cause, (quod imperator cogmoscens decrevit.) Inst. 1, 2, 6. of the public uses to which the property bas been devoted. People vy. Marin County, 103
DEDIMUS ET CONCESSIMUS
(Lat. We have given and granted.) Words used by the king, or where there were more grantors than one, instead of dedi et concessi.