Legal Articles

DE FACTO CONTRACT

One which has purported to pass the property from the owner to another. Bank v. IjOgan, 74 N. Y. 575; Edmunds v. Transp. Co., 135 Mass. 283.

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DE HOMAGIO RESPECTUANDO

A writ for respiting or postponing homage. Fitzh. Nat. Brev. 209, A.

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DE JURE

Of right; legitimate; lawful ; by right and just title. In this sense it is the
contrary of de facto, (which see.) It may also be contrasted with de gratia, in which
case it means “as a matter of right,” as de gratia means “by grace or favor.” Again it
may be contrasted with de wqui- tate; here meaning “by law,” as the latter means “by
equity.” See GOVERNMENT.
De jure decimarum, originem ducens de jure patronatus, tunc cognitio spec- tat at
legem civilem, 1. e., communem.
Godb. 63. With regard to the right of tithes, deducing its origin from the right of the
patron, then the cognizance of them belongs to the civil law; that is, the common law.

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DE MELIORIBUS DAMNIS

Of or for the better damages. A term used in practice to denote the election by a plaintiff
against which of several defendants (where the damages have been assessed
separately) he will take judgment 1 Arch. Pr. K. B. 219; Knickerbacker Colver, 8 Cow.
(N. Y.) 111.

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DE OFFICE

L. Fr. Of ollice; in virtue of ollice; officially; in the discharge of ordinary duty.

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DE PR-SEROGATIVA REGIS

The statute 17 Edw. I., St. 1, c. 9, defining the prerogatives of the crown on certain subjects,
but especially directing that the king shall have ward of the lands of idiots, taking
the profits without waste, and finding them necessaries. 2 Steph. Comm. 529.

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DE REDISSEISINA

Writ of redisseisin. A writ which lay where a man recovered by
assise of novel disseisin land, rent, or common, and the like, and was put in possession
thereof by verdict, and afterwards was disseised of the same land, rent, or common, by
him by whom he was disseised before. Reg. Orig. 20G6; Fitzh. Nat. Brev. 188, B.

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DE SUPERONERATIONE PAS- TUR

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, and
the cause was removed into one of the courts at Westminster. Reg. Jud. 366.

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DE WARRANTIA CHART

Writ of warranty of charter. A writ which lay for him who
was enfeoffed, with clause of warranty. [in the charter of feoffment,] and was
afterwards impleaded In an assise or other action, in which he could not vouch or call
to warranty; in which case he might have this writ against the feoffor, or his heir, to
compel him to warrant the land unto him. Reg. Orig. 1576; Fitzh. Nat. Brev. 134, D.
Abolished by St. 3 & 4 Wm. IV. c. 27.

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DEAL

To traffic; to transact business; to trade. Makers of an accommodation note
are deemed dealers with whoever discounts it. Vernon v. Manhattan Co., 17 Wend. (N. Y.) 524.

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DEBENTURE STOCK

A Stock or fund representing money borrowed bv a company
or public body, it) England, and charged on the whole or part of its property.

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DEBITUM ET CONTRACTUS SUNT NULLIUS LOCI

Debt and contract are of [belong to] no place; have no particular locality. The obligation in these cases is purely personal, and
actions to enforce It may be brought anywhere. 2 lust. 231; Story, Confl. Lawc,

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DECAPITATION

The act of beheading. A mode of capital punishment by cutting off the head.

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DECIMSE DEBENTUR PAROCBO

Tithes are due to the parish priest.

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DECLARATION OF WAR

A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists
between itself and another nation, and forbidding all persons to aid or assist the enemy.

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DECOY

To inveigle, entice, tempt, or lure; as, to decoy a person within the jurisdiction
of a court so that he may be served with process, or to decoy a fugitive criminal
to a place where be may be arrested without extradition papers, or to decoy one
away from his place of residence for the purpose of kidnapping him and as a part of
that act. In all these uses, the word implies enticement or luring by means of some
fraud, trick, or temptation, but excludes the idea of force. Eberling v. State, 130 Ind.
117, 35 N. E. 1023; John v. State, 6 VVyo. 203, 44 Pac. 51; Campbell v. Hudson, 100
Mich. 523, 04 N. VV. 483.

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DECREMENTUM MARIS

Lat. In old English law. Decrease of the sea; the receding of the sea from the land. Callis, Sewers, (03,) 65. See RELICTION.

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DEDICATE

To appropriate and set apart one’s private property to some public use;
as to make a private way public by acts evincing an intention to do so.

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