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Category: D

DE FAIRE ECHELLE

In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (N. Y.)

DE HOMINE CAPTO IN WITHERNAM

(Lat. For taking a man in withernam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin.

DE LA PLOTS BEALE, or BELLE

L. Fr. Of the most fair. A term applied to a species of dower, which was assigned out of the fairest of the husband’s tenements. Litt.

DE MERCATORIBUS

“Concerning merchants.” The name of a statute passed in the eleventh year of Edw. I. (1233.) more commonly called the “Statute of Acton Bur- nel,” authorizing the recognizance by statute merchant. See

DE ONERANDO PRO RATA FOBTIOME

Writ for charging according to a rateable proportion. A writ which lay for a joint tenant, or tenant in common, who was distrained for more rent than his proportion of tlie land

DE PROPRIETATE PROBANDA

Writ for proving prnpi rtv. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. 3 Bl.

DE RESCUSSU

Writ of rescue or res- cous. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. Orig. 117, 118; Fitzh. Nat. Brev. 101, C, G.

DE TALLAGIO NON CONCEDENDO

Of not allowing talliage. The name given to the statutes 25 and 34 Edw. I., restricting the power of the king to grant talliage. 2 Inst. 532 ; 2 Reeve, Eng. Law,

DEACON

In ecclesiastical law. A minister or servant in the church, whose office is to assist the priest In divine service and the distribution of the sacrament. It is the lowest order in

DEALERS’ TALK

The pufling of goods to induce the sale thereof; not regarded in law as fraudulent unless accompanied by some artifice to deceive the purchaser and throw him off his guard or some

DEBTOR

One who owes a debt; he who may be compelled to pay a claim or demand.

DECREE

In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order ofthe court,

DECRETALS

In ecclesiastical law. Letters of the pope, written at the suit or instance of one or more persons, determining some point or question in ecclesiastical law, and possessing the force of law.

DEDUCTION FOR NEW

In marine insurance. An allowance or drawback credited to the insurers on the cost of repairing a vessel for damage arising from the perils of the sea insured against. This allowance is

D S B

An abbreviation for debitum sine brcvi, or debit sans breve.

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