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Category: D

DECLINATION

In Scotch law. A plea to the Jurisdiction, on the ground that the judge Is interested in the suit.

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.

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.

D

The fourth letter of the English alphabet. It is used as an abbreviation for a number of words, the more important and usual of which are as follows: 1. Digestuin, or Digcsta,

DALUS, DAILUS, DAILIA

A certain measure of land; such narrow slips of pasture as are left between the plowed furrows in arable land. Cowell.

DAMNUM ABSQUE INJURIA

Loss, hurt, or harm without injury in the legal sense, that is, without such an invasion of rights as is redressible by an action. A loss which does not give rise to

DAY CERTAIN

A fixed or appointed day; a specified particular day; a day in term. Regina v. Con.vers, 8 Q. B. 991.

DE STATE PROBANDA

For proving age. A writ which formerly lay to summon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being

DE CALCETO REPARANDO

Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the Inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154.

DE CUJUS

Lat From whom. A term used to designate the person by, through, from, or under whom another claims. Brent v. New Orleans, 41 La. Ann. 1098, 6 South. 793.

DE EJECTIONE FIRM2E

A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainderman, or stranger who had himself deprived the tenant of the occupation of the land during

DE EXEMPLIFICATIONS

Writ of exemplification. A writ granted for the exemplification of an original. Reg. Orig. 2006.

DE FURTO

Of theft. One of the kinds of criminal appeal formerly in use in England. 2 Reeve, Eng. Law. 40.

DE INTRUSIONS

A writ of intrusion; where a stranger entered after the death of the tenant, to the injury of the reversioner. Reg. Orig. 233b.

DE MALO

Of Illness. This phrase was frequently used to designate several species of essoin, (q. v.,) such as dc malo lecti, of illness in bed; de malo vcnicndi. of illness (or misfortune) in

DE NOTI OPERIS NUNCIATIONE

In the civil law. A form of interdict or injunction which lies in some cases where the defendant is about to erect a “new work” (q. v.) in derogation or injury of

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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