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DE FINE NON CAPIENDO PRO PUL- CHRE PLACITANDO

A writ prohibiting the taking of fines for beau pleader. Reg. Orig. 179.

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DE INFIRMITATE

Of infirmity. The principal essoin in the time of Glanville; afterwards called “de malo.” 1 Reeve, Eng. Law, 115. See DE HALO; ESSOIN.

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DE LIBERT ATIBUS ALLOC ANDIS

A writ of various forms, to enable a citizen to recover the liberties to which he was entitled Fitzh. Nat. Brev. 229; Reg. Orig. 202.

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DE NOMINE PROPRIO NON EST CURANDUM CUM IN SUBSTANTIA NON ERRCTUR; QUIA NOMINA MUTABILIA SUNT, RES AUTCM IMMOBILE

As to the proper name, it is not to be regarded where it errs not in substance, because names are changeable, but things
immutable.

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DE PARTITIONE FACIENDA

A writ which lay to make partition of lands or tenements
held by several as coparceners, tenants in common, etc. Reg. Orig. 76; Fitzh.
Nat. Brev. 61, R; Old Nat. Brev. 142.

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DE RATION ABIEI PARTE BONO- RUM

A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 402; Fitzh. Nat Brev. 122, L; Hopkins v. Wright, 17 Tex. 30.

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DE SALVO CONDUCTU

A writ of safe conduct. Reg. Orig. 256, 26.

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DE TRANSGRESSIONE

A writ of trespass. Reg. Orig. 92.

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DEAD-PLEDGE

A mortgage; mortuum vadium.

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DEATH

The extinction of life; the departure of the soul from the body; defined by physicians as a total stoppage of the circulation of the blood, and a cessation of the animal and vital functions consequent thereon, such as respiration, pulsation, etc.
In legal contemplation, it is of two kinds:
(1) Xatural death, i. e., tlie extinction of life;
(2) Civil death, which is that change in a person’s legal and civil condition which
deprives him of civic rights and juridical capacities and qualifications, as natural death
extinguishes his natural condition. It follows as a consequence of being attainted of
treason or felony, in English law, and anciently of entering a monastery or abjuring the
realm. The person in this condition is said to be civiliter mortuus, civilly dead, or dead in
law. Baltimore v. Chester, 53 Vt. 310, 38 Am. Rep. 077; Avery v. Everett, 110 N. Y. 317,
18 N. E. 148, 1 L. IL A. 204, 0 Am. St. Hep. 308; In re Donnelly’s Estate, 125 Cal. 417,
58 Pac. 61, 73 Am. St. Uep. 62; Troup v. Wood, 4 Johns. Ch. (N. Y.) 24S; Coffee v.
Haynes, 124 Cal. 561, 57 Pac. 4S2, 71 Am. St. Rep. 90.
“Natural” death is also used to denote a death which occurs by the unassisted
operation of natural causes, as distinguished from a “violent” death, or one caused or
accelerated by the interference of human agency.

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DEBIT

A sum charged as due or owing. The term is used in book-keeping to denote
the charging of a person or an account with all that is supplied to or paid out for him or
for the subject of the account.

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DEBT OF RECORD

A debt which appears to be due by the evidence of a court of record, as by a judgment or
recognizance. 2 Bl. Comm. 405.

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DECENNARIU5

Lat. One who held one-lialf a virgate of land. Du Cange. One of the
ten freeholders in a decennary. Id.; Calvin. Deccnnier. One of the dceennarii, or ten
freeholders making up a tithing. Spelman.

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DECISION

In practice. A judgment or decree pronounced by a court in settlement
oit a controversy submitted to it and BL.LAW DICT.(2D ED.)

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DECLARATORY PART OF A LAW

That which clearly defines rights to be observed and wrongs to be eschewed.

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DECREE OF FORTHCOMING

In Scotch law. A decree made after an arrestment (g. v.)
ordering the debt to be paid or the effects of the debtor to be delivered to the arresting
creditor. Bell.

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DECRETALS

In ecclesiastical law. Letters of the pope, written at the suit or instance
of one or more persons, determining some point or question in ecclesiastical law, and
possessing the force of law. The decretals form the second part of the body of canon
law. This is also the title of the second of the two great divisions of the canon law, the
first being called the “Decree,” (deeretum.)

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DEDITITII

In Roman law. Criminals who had been marked in the face or on the
body with lire or an iron, so that the mark could not lie erased, and subsequently manumitted. Calvin.

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