Legal Articles

DE GRATIA

Of grace or favor, by favor. De speciali gratia, of special grace or favor. De gratia spcciali certa scientia et mcro motu, talis clausula non valet in liis in quibus prrcsumitur principem esse ignorantem. 1 Coke, 53. The clause “of our special grace, certain knowledge, and mere motion,” is of no avail in those things in which it is presumed that the prince was ignorant. De grossis arboribus decimae non da- buntur sed de sylvia credua decirna; dabuntur. 2 Rolle, 123. Of whole trees, tithes are not given; but of wood cut to be used, tithes are given.

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DE JACTURA EVITANDA

For avoiding a loss. A phrase applied to a defendant, as de lucro captando is to a plaintiff. Jones v. Sevier, 1 Utt (Ky.) 51, 13 Am. Dec. 2ia

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DE MANUCAPTIONE

Writ of manucaption, or mainprise. A writ which lay for one
who, being taken and imprisoned on a charge of felony, had offered bail, which had
been refused; requiring the sheriff to discharge him on his finding sufficient mainpernors
or bail. Reg. Orig. 2086; Fitzh. Nat. Brev. 249, G.

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DE NOVO

Anew; afresh; a second time. A venire de novo is a writ for sum moning a jury for the second trial of a case which has been sent back from above for a new trial.

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DE PEAGIS ET MAHEMIO

Of wounds and mayhem. The name of a criminal appeal formerly in use in England, in
cases of wounding and maiming. Bract, fol. 1446; 2 Reeve, Eng. Law, 34. See AITEAL.

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DE RECTO

Writ of right. Reg. Orig. 1, 2; Bract, fol. 3276. See WKIT or RIGHT.

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DE SIMILIBUS IDEM EST JTULICANDUM

Of [respecting] like tilings, [In like cases,] the judgment is to be the same. 7 Coke, 18.

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DE VENTRE INSPICIENDO

A writ to inspect the body, where a woman feigns to be
pregnant, to see whether she is with child. It lies for the heir presumptive to examine a
widow suspected to be feigning pregnancy in order to enable a supposititious heir to
obtain the estate. 1 Bl. Comm. 456; 2 Steph. Comm. 2S7.
It lay also where a woman sentenced to death pleaded pregnancy. 4 Bl. Comm. 495.
This writ has been recognized in America. 2 Chand. Crim. Tr. 381.

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DEADLY WEAPON

Such weapons or Instruments as are made and designed for offensive or defensive purposes, or for the destruction of life or the infliction of injury. Com. v. Branhnm, S Bush (IC.v.) 387.
A deadly weapon is one likely to produce death or great bodily harm. People v. Fuqua, 58 Cal. 245.
A deadly weapon Is one which In the manner used is capable of producing death, or
of inflicting great bodily injury, or seriously wounding. McReynolds v. State, 4 Tex. App. 327.

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DEATH’S PART

See DEAD’S PART; DEAD MAN’S PART.

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DEBITOR NON PRSESUMITUR DONARE

A debtor is not presumed to make a gift. Whatever disposition he makes of his property is
supposed to be in satisfaction of his debts. 1 Kames, Eq. 212. Where a debtor gives
money or goods, or grants land to his creditor, the natural presumption is that he
means to get free from his obligation, and not to make a present, unless donation be
expressed. Ersk. Inst. 3, 3, 93.

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DECALOGUE

The ten commandments given by God to Moses. The Jews called them
the “Ten Words,” hence the name.

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DECET TAMEN PRINCIPEM SERVARE LEGES QUIBUS IPSE SERVATUS EST

It behoves, Indeed, the prince to keep the laws by which he himself Is preserved.

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DECLARATION OF INTENTION

A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the
effect that it is bona fide his intention to become a citizen of the United States, and to
renouuce forever all allegiance and fidelity to any foreign prince, potentate, state, or
sovereignty whereof at the time he may be a citizen or subject. Rev. St.

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DECLINATORY PLEA

In English practice. The plea of sanctuary, or of benefit of
clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4
Steph. Comm. 400, note; Id. 430, note.

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DECREET ABSOLVITOR

A decree dismissing a claim, or acquitting a defendant. 2 Kames. Eq. 307

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DECRY

To cry down; to deprive of credit. “The king may at any time decry or cry
down any coin of the kingdom, and make it no longer current.” 1 BL Comm. 27S.

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DEED INDENTED, OR INDENTURE

In conveyancing. A deed executed or purporting to be executed in parts, between two or more parties, and distinguished by having the edge of the paper or parchment on which it is written indented or cut at the top in a particular manner.This was formerly done at the top or side, in a line resembling the teeth of a saw; a formality derived from the ancient practice of dividing chirographs; but the cutting is now made either in a waving line, or more commonly by notching or nicking the paper at the edge. 2 Bl. Comm. 295,200; Lilt.

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