The Law Dictionary

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Category: D

DE BIGAMIS

Concerning men twice married. The title of the statute 4 Edw. I. St 3; so called from the initial words of the fifth chapter. 2 Inst. 272; 2 Reeve, Eng. Law, 142.

DE CHAMPERTIA

Writ of champerty. A writ directed to the justices of the bench, commanding the enforcement of the statute of cliampcrtors. Reg. Orig. 183; Fitzh. Nat.Brev. 172.

DE CONFLICTU LEGUM

Concerning the conflict of laws. The title of several works written on that subject 2 Kent, Comm. 455.

DE FAIRE ECHELLE

In French law. A 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.)

DE HOMINE CAPTO IN WITHERNAM

(Lat. For taking a man in withernam.) 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 LA PLOTS BEALE, or BELLE

L. Fr. Of the most fair. A term applied to a species of dower, which was assigned out of the fairest of the husband’s tenements. Litt.

DE MERCATORIBUS

“Concerning merchants.” The name of a statute passed in the eleventh year of Edw. I. (1233.) more commonly called the “Statute of Acton Bur- nel,” authorizing the recognizance by statute merchant. See

DE ONERANDO PRO RATA FOBTIOME

Writ for charging according to a rateable proportion. A writ which lay for a joint tenant, or tenant in common, who was distrained for more rent than his proportion of tlie land

DE PRiESENTI

Of the present; in the present tense. See PER VERBA DE I’R.ESENTI.

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. 209.

DE WARRANTIA DIEI

A writ that lay where a man had a day in any action to appear in proper person, and the king at that day. or before, employed him in some service, so

DEALER

A dealer, in the popular, and therefore in the statutory, sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again.

DEBITUM SINE BREVI

L. Lat. Debt without writ; debt without a declaration. In old practice, this term denoted an action begun by original bill, instead of by writ. In modern usage, it is sometimes applied

DECEDENT

A deceased person; one who has lately died. Etymologically the word denotes a person who is dying, but it has come to be used in law as signifying any defunct person, (testate

DECLARATOR

In Scotch law. An action whereby it Is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell.

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