Page:Black's Law Dictionary (Second Edition).djvu/327

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DAYERIA

which he is concerned at the assizes, etc. Aboiished by 5 & 6 Vict. c. 22, 5 12.

DAYERIA. Adairy. Cowell.

DAYLIGI-I'l‘. That portion of time before sunrise, and after sunset, which is ac- Louuted part of the day. (as distinguished from ni_n7hl,) in defining the offense of burglary. 4 Bl. Comm. 224; Gro. Jac. 106.

DAYSMJLN. An nrbitrntor, umpire, or elected judge. Cowell DAYWERE. In old English law. A term

applied to land, and signifying as much ar- able ground as could be plowed up in one rin_v's Work. Cowell.

DE. A Latin preposition, signifying of; 1-3’: from; out of; affecting; concerning; respecting.

DE ACQUIREITDO EERUM DOMINIO. of (about) acquiring the ownership of things. Dig. 41, 1: Bract. lih. 2, toi. Sb.

DE ADMENSURATIONE. Of adl.ueflS- urement. Thus, do admciisurtllirmc dalis was 8 writ for the admeasurement of dowcr, and de admensumtione pasture was a writ fur the admeasurement of pasture.

DE ADVISAM]-INTO CONSILII NOS- TRI. I. Lat With or by the advice of our council. A phrase used in the old Writs of summons to parliament. Craiib. Eng. Law. n

D}: EQUITATE. In equity. De jure uricto, nihil possum ve11¢liL-are, dc wquimte lumen, amllo mode hoc obtiiict; in strict law, i um claim nothing, but in equity this by no means obtains. Fleta. lih. 3. C. 2, 5 10.

DE ESTIMATO. In Roman law. One or the lnnominate contracis, and, in etfect, a sale of land or goods at a price fixed, (walt- mntn,) and guarantied by some third party, who undertook to find a purchaser.

D}: ETATE PROBANDA. For proviru; age. A writ which formerly lay to sum- mon a jury in order to determine the age of the heir of a tenant in capiic who claimed his estate as being of full age. Fitsh. Nat. iii-er. 257; Reg. Orig. 201.

DE ALEATORIBUS. About gamesters. The name of a title in the Pandecta. Dig. ll. 5.

DE ALLOCATIONE FACIENDA, Brave. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers I-is C0i]EtlO1'S of customs) in their accounts certain payments made by them. Reg. Orig. 150.

319

DE ARRESTANDO IPSUM.

DE ALTO ET IBASSO. Of high and low. A phrase i\1l('lL'I‘il'iy used to denote the ab- solute submission of all dllfereuces to arbitration. Cowell.

DE AMBITU. Lat. Concerning bribery. A phrase descriptive of the subject-mutter of several 01' the Roman laws; as the Lew Aufldiu, the Lea‘ Pampcia, the Lew Tulllu, and others. See AIIBITUS.

DE AMPLIORI GRATIA. Of more ahnndant or especial grace. Townsh. FL 18.

DE ANNO BISSEXTILI. Of the hissextile 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 d.1re(-tion to the justitrs of the bench, instructing them how the extraordinary day in the leap year was to be reckoned in cases where pr-1 sons had a day to appear at the distance of 21 year, as on the essoln do main Zccii, and the like. it was thereby directed that the ailciitmnai day should. together with that which went before, be reckoned only as one and so, of course, within the p1‘l.‘L'(‘(]il.1g year. 1 Reeve, Eng. Law, 266.

DE ANNUA PENSIONS, Bravo. Wl‘it of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chap- lains, demanded the same of the ai-bot or prlor, for the person named in the Wiit. Reg. Orig. 265b, 30?; I‘it.zh. Nat. Brew. 231 G.

DE ANNIIO REDITU. For a yearly rent. A writ to recover an annuity, no matter how payable, in goods or money. 2 Reeve, Eng. Law, 258.

DE APOSTATA CAPIENDO, Brave. Writ for taking an apostute. A writ “bu-h auciently by against one who. having entered and professed some order of religion. left it and wandered up and down the country, contmry to the rules 0:’ ins order, com- manding the sheriff to l1['|f\1‘EIl(2l]fl him and deliver him again to his nbbut or priv- Reg. Orig. 7111, 267; Fitzh. Nat Brev. 234.


DE ARBITRATIONE FACTA. (Lat. Of arbitration hnd.) A nrlt formerly used when an action “as brought for a cause which had been settled by arbitration. Wats. Arh. 256.

DE ARRESTANDIS BONIS NE DIS- SIPENTUR. An old writ V\lll(‘I.l lay to seize goods in the hands of a party during the peudency of a suit. to prevent their being made away with. Reg. 01-Le. 1260.

DE ARRESTANDO IPSUM QUI PE- CUNTAM RECEPIT. A writ which in)‘ for the arrest at one who had taken thn

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