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Category: D

DE ANNO BISSEXTTLI

Of the bissextile or leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or

DE BIEN ET DE MAL

L. Fr. For tood and evil. A phrase by which a party accused of a crime anciently put himself upon a jury, indicating his entire submission to their verdict.

DE CERTIFICANDO

A writ requiring a thing to be certified. A kind of certiorari. Reg. Orig. 151, 152.

DE COMPUTO

Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Reg. Orig. 135-138; Fitzh. Nat. Brev. 117, E. The foundation

DE ESSENDO QUIETUM DE TOLO- NIO

A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 220; Reg. Orig. 25S6.

DE FACTO

In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which exists actually and must be accepted for all

DE HSRETICO COMBURENDO

(Lat. For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, and had relapsed into heresy. It is said to be very ancient. Fitzh.

DE JUDICIO SISTI

For appearing in court. A term applied in the Scotch and admiralty law, to bail for a defendant’s appearance.

DE MEDIO

A writ in the nature of a writ of right, which lay where upon a subinfeudation the mesne (or middle) lord suffered his under-tenant or tenant paravail to be distrained upon by

DE ODIO ET ATIA

A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (.through hatred and

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,

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

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

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

DEALER

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.

DEBET ET DETINET

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

DEBT

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

DECERN

In Scotch law. To decree. “Decernit and ordainit.” 1 IIow. State Tr. 927. “Decerns.” Shaw, 16.

DECLARATION

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause

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