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Category: D

DE CURIA CLAUDENDA

An obsolete writ, to require a defendant to fence in his court or land about his house, where it was left open to the injury of his neighbor’s freehold. 1 Crabb, Real

DE ESCJETA

Writ of escheat. A writ which a lord had, where his tenant died without heir, to recover the laud. Reg. Orig. 1046; Fitzh. Nat. Brev. 143, 144, E.

DE EXONERATIONE SECT

Writ for exoneration of suit. A writ that lay for the king’s ward to be discharged of all suit to the county court, hundred, leet, or court- baron, during the time of

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

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

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

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

DE PLANO

Lat. On the ground; on a level. A term of the Roman law descriptive of the method of bearding causes, when the pnetor stood on the ground with the suitors, instead of

DE RECTO DE ADVOCATIONS

Writ of right of advowson. Reg. Orig. 296. A writ which lay for one who had an estate in an advowson to him and his heirs in fee- simple, if he were

DE SON TORT

TORT. L. Fr. Of his own wrong. A stranger who takes upon him to act as an executor without any just authority is called an “executor of his own wrong,” (de son

DEAF AND DUMB

A man that Is born deaf, dumb, and blind Is looked upon by the law as in the same state with an idiot, he being supposed incapable of any understanding. 1 Bl.

DEBENTURE

A certificate given by the collector of a port, under the United States customs laws, to the effect that an importer of merchandise therein named is entitled to a drawback,

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.

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

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.)

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;

DECRETA

In the Roman law. Judicial sentences given by the emperor as supreme judge.

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

D B N

An abbreviation for de bonis non; descriptive of a species of administration.

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