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DE FIDE ET OFFICIO JUDICIS

Concerning the fidelity and official conduct of a judge, no question is [will he] entertained; hut [only] concerning his knowledge, whether tlie error [committed] he of law or of fact. I’.ac. Max. 68, reg. 17. The bona fides and honesty of purpose of a judge cannot he questioned, but his decision may be impugned for error either of law or fact. Broom, Max. 85. The law doth so much respect the certainty of judgments. and the credit and authority of judges, that it will not permit any error to be assigned which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac. Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for the plaintiff, where the jury gave it for the defendant. Fitzh. Nat. Brev. 20, 21 ; Bac. Max. ubi supra; Hardr. 127, arg.

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DE IDIOTA INQTTIRENDO

An old common-law writ, long obsolete, to inquire whether a man be an idiot or not. 2 Steph. Comm. 509.

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DE LEPROSO AMOVENDO

Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his neighbors In any parish, in public or private places, to their annoyance. Reg. Orig. 207; Fitzh. Nat. Brev. 234, E; New Nat. Brev. 521.

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DE MITTENDO TENOREM RECORDI

A writ to send the tenor of a record, or to exemplify it under the great seal. Reg.
Orig. 2206.

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DE PACE ET ROBERIA

Of peace [breach of peace] and robbery. One of tlie kinds of
criminal appeal formerly in use in England, and which lay in cases of robbery and
breach of the peace. Bract, fol. 140; 2 Reeve, Eng. Law, 37.

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DE QUO, and DE QUIBUS

Of which Formal words in the simple writ of entry, from which it was called a writ of entry “in the quo,” or “in the quibus.” 3 Reeve, Eng. Law,33.

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DE RIEN CULPABLE

L. Fr. Guilty af nothing; not guilty.

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DE TEMPS DONT MEMORIE NE COURT

L. Fr. From time whereof memory runneth not; time out of memory of man. Litt. 143. 145, 170.

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DEAD FREIGHT

When a merchant who has chartered a vessel puts on board a part only of the intended cargo, but yet, having chartered the whole vessel, is bound to pay freight for the unoccupied capacity, the freight thus due is called “dead freight.” Gray v.Carr, L. R. 6 Q. B. 52S; Phillips v. Rodie, 15 East. 547.

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DEAN

In English ecclesiastical law. An ecclesiastical dignitary who presides over the
chapter of a cathedral, and is next in rank to the bishop. So callcd from having been
originally appointed to superintend ten canons or prebendaries. 1 Bl. Comm. 382; Co.
Litt. 95; Spelman. There are several kinds of deans, namely; Deans of chapters; deans of peculiars;
rural deans; deans iu the colleges; honorary deans; deans of provinces.

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DELET QUIS JURI SUBJACERE UBI DELIN- QUIT

One [every one] ought to be subject to the law [of the place] where he offends. 3 Inst. 24. This maxim is taken from Bracton.
Bract, fol. 1546.

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DEBT BY SIMPLE CONTRACT

A debt or demand founded upon a verbal or implied contract, or upon any written agreement that is not under seal

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DECEITFUL PLEA

A sham plea ; one alleging as facts things which are obviously false on
the face of the plea. Gray v. Gidiere, 4 Strob. (S. C.) 4 13.

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DECIMATION

The punishing every tenth soldier by lot, for mutiny or other failure of
duty, was termed “decimatio Iciiio- nis” by the Romans. Sometimes only the twentieth
man was punished, (viccsimatio,) or the hundredth, (ccntcsimatio.)

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DECLARATORY ACTION

In Scotch law. An action in which the right of the pursuer (or
plaintiff) is craved to be declared, but nothing claimed to be done by the defender,
(defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an “action of declarator.”

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DECREE DATIVE

In Scotch law. An order of a probate court appointing an administrator.

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DECRETAL ORDER

See DECKEE; OB- DEK.

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DEDIMUS POTESTATEM

(We have given power.) Iu English practice. A writ or
commission issuing out of chancery, empowering the persons named therein to perform
certain acts, as to administer oaths to defendants in chancery and take their answers,
to administer oaths of ollice to justices of the peace, etc. 3 Bl. Comm. 447. It was
anciently allowed for many purposes not now In use, as to make an attorney, to take
the acknowledgment of a fine, etc. In the United States, a commission to take testimony is sometimes termed a
“dedimus poicstatem.” Buddicum v. Kirk, 3 Cranch, 293, 2 L. Ed. 444; Sergeant’s Lessee v. Bid- die, 4 Wheat. 508, 4 L. Ed. 627

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