Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: D

DECISIVE OATH

In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his

DECLINATURE

In Scotch practice. An objection to the jurisdiction of a judge. Bell.

DEDIMUS POTESTATEM DE AT- TORNO FACIENDO

In old English practice. A writ, issued by royal authority, empowering an attorney to appear for a defendant Prior to the statute of Westminster 2, a party could not appear in court

D J

An abbreviation for “District Judge.”

DAMAGED GOODS

Goods, subject to duties, which have received some injury either in the voyage home or while bonded in warehouse.

DATE

The specification or mention, in a written instrument, of the time (day and year) when it was made. Also the time so specified. That part of a deed or writing which expresses

DAY-BOOK

A tradesman’s account book; a book in which all the occurrences of the day are set down. It is usually a book of original entries.

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

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