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

Category: D

DE PERAMBUEATIONE FACIENDA

A writ which lay where there was a dispute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and

DE RATION ABIXIBUS DIVISIS

Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries between the lands of persons in different towns, where one complained of encroachment. Reg. Orig. 1576; Fitzh. Nat. Brev

DE SCUTAGIO HABENDO

Writ for having (or to have) escuage or scutage. A writ which anciently lay against tenants by knight-service, to compel them to serve in the king’s wars or send substitutes or to

DEAD RENT

In English law. A rent payable on a mining lease in addition to a royalty, so called bemuse it is payable although the mine may not be worked.

DEATH WATCH

A special guard set to watch a prisoner condemned to death, for some days before the time for the execution, the special purpose being to prevent any escape or any attempt to

DEBITA SEQUUNTUR PERSONAM DEBITORIS

Debts follow the person of the debtor; that is, they have no locality, and may be collected wherever the debtor can be found. 2 Kent, Comm. 429; Story, Confl. Laws,

DECAPITATION

The act of beheading. A mode of capital punishment by cutting off the head.

DEDBANA

In Saxon law. An actual homicide or manslaughter.

DAMNUM FATALE

Fatal damage; damage from fate: loss happening from a cause beyond human control, (quod ex fato contingit,) or an act of God, and for which bailees are not liable ; such as

DARRAIGN

To clear a legal account; to answer an accusation; to settle a controversy.

DAUPHIN

In French law. The title of the eldest sons of the kings of France. Disused since 1530.

DE iEQUITATE

In equity. De jure striuto, nihil possum vendicare, de ccquitate tamen, nullo modo hoc obtinet; in strict law, I can claim nothing, but in equity this by no means obtains. Fleta, lib.

DE AUDIENDO ET TERMINANDO

For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to bear and determine cases of heinous misdemeanor, trespass, riotous breach of

DE BONO ET MALO

“For good and ill.” The Latin form of the law French phrase “Dc hicn ct de mat.” In ancient criminal pleading, this was the expression with which the prisoner put himself upon

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