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

Category: D

DE ESCJETA

Writ of escheat. A writ which a lord had, where his tenant died without heir, to recover the laud. Reg. Orig. 1046; Fitzh. Nat. Brev. 143, 144, E.

DE EXONERATIONE SECT

Writ for exoneration of suit. A writ that lay for the king’s ward to be discharged of all suit to the county court, hundred, leet, or court- baron, during the time of

DE GRATIA

Of grace or favor, by favor. De speciali gratia, of special grace or favor. De gratia spcciali certa scientia et mcro motu, talis clausula non valet in liis in quibus prrcsumitur principem

DE JACTURA EVITANDA

For avoiding a loss. A phrase applied to a defendant, as de lucro captando is to a plaintiff. Jones v. Sevier, 1 Utt (Ky.) 51, 13 Am. Dec. 2ia

DE MANUCAPTIONE

Writ of manucaption, or mainprise. A writ which lay for one who, being taken and imprisoned on a charge of felony, had offered bail, which had been refused; requiring the sheriff to

DE NOVO

Anew; afresh; a second time. A venire de novo is a writ for sum moning a jury for the second trial of a case which has been sent back from above for

DE PEAGIS ET MAHEMIO

Of wounds and mayhem. The name of a criminal appeal formerly in use in England, in cases of wounding and maiming. Bract, fol. 1446; 2 Reeve, Eng. Law, 34. See AITEAL.

DE RECTO

Writ of right. Reg. Orig. 1, 2; Bract, fol. 3276. See WKIT or RIGHT.

DE VENTRE INSPICIENDO

A writ to inspect the body, where a woman feigns to be pregnant, to see whether she is with child. It lies for the heir presumptive to examine a widow suspected to

DEAD’S PART

In Scotch law. The part remaining over beyond the shares secured to the widow and children by law. Of this the testator had the unqualified disposal. Bell.

DEBAUCH

To entice, to corrupt, and, when used of a woman, to seduce. Originally, the term had a limited signification, meaning to entice or draw one away from his work, employment, or duty;

DECEMVIRI LITIBUS JUDICANDIS

Lat. In tlie Roman law. Ten persons (five senators and five cquitcs) who acted as the council or assistants of the praetor, when he decided on matters of law. Ilallifax, Civil Law,

DECLINATORY PLEA

In English practice. The plea of sanctuary, or of benefit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note;

DECRETA

In the Roman law. Judicial sentences given by the emperor as supreme judge.

DEDIMUS POTESTATEM

(We have given power.) Iu English practice. A writ or commission issuing out of chancery, empowering the persons named therein to perform certain acts, as to administer oaths to defendants in chancery

D B N

An abbreviation for de bonis non; descriptive of a species of administration.

DAMAGE

Loss, injury, or deterioration, caused by the negligence, design, or accident of one person to another, in respect of the latter’s person or property. The word is to be distinguished from its

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