Category: D

In French law. A deed is said to have a date certaine (fixed date) when it has been subjected to the formality of registration; after this formality has been complied with, the

In English law. A permission granted to a prisoner to go out of prison, for the purpose of transacting his business, as to hear a case in which he Is concerned at

Breve. Writ of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chaplains, demanded the same

L. Fr. Of the goods of the deceased. Dyer, 32.

A writ for certifying. A writ directed to the sheriff, requiring him to certify to a particular fact Reg. Orig. 24.

By the advice (or direction) of the court.

Breve. L. Lat. Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight’s service or in socage, to recover the possession and custody of

A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in fact sick or not. Reg. Orig. 86.

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.

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

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

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

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

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,

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

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

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

A dealer, in the popular, and therefore in the statutory, sense of the word, is not one who buys to keep, or makes to sell, but one who buys to sell again.

He owes and detains. Words anciently used in the original writ, (and now, in English, in the plaintiff’s declaration.) in an action of debt, where it was brought by one of the

A debt is a sum of money due by contract. It is most frequently due by a certain and express agreement, which fixes the amount, independent of extrinsic circumstances. But it is