DECLINATION
In Scotch law. A plea to the Jurisdiction, on the ground that the judge Is interested in the suit.
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In Scotch law. A plea to the Jurisdiction, on the ground that the judge Is interested in the suit.
Lat. In old English law. Decrease of the sea; the receding of the sea from the land. Callis, Sewers, (03,) 65. See RELICTION.
To appropriate and set apart one’s private property to some public use; as to make a private way public by acts evincing an intention to do so.
An abbreviation for de bene esse
A construction of wood, stone, or other materials, made across a stream for the purpose of penning back the waters. This word is used in two different senses. It properly means the
Anciently the better sort of men In England had this title; so the Spanish Don. The old term of honor for men, as we now say Master or Mister. Wharton.
In old English law. The last presentment. See ASSISE OF DARREIN PRESENTMENT
(L. Lat. dies in banco.) In practice. Certain stated days in term appointed for the appearance of parties, the return of process, etc.. originally peculiar to the court of common pleas, or
Breve. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) In their accounts certain payments
For returning the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177.
Of the chief lords of the fee
Concerning the clergy. The title of the statute 25 Edw. III. St 3; containing a variety of provisions on the subject of presentations, indictments of spiritual persons, and the like. 2 Reeve,
An obsolete writ, to require a defendant to fence in his court or land about his house, where it was left open to the injury of his neighbor’s freehold. 1 Crabb, Real
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.
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
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
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
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
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
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.