Page:Black's Law Dictionary (Second Edition).djvu/328

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DE ARTE ET PARTE

king's money to serve in the War, and hid himself to escape going. Reg. Orig. 240.

DE ARTE ET PARTE. Of art and part. A phrase in old Scotch law.

DE ASPORTATIS RELIGIOSORUM. Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, one of which was the waste they suffered by being drained into foreign countries. 2 Reeve, Eng. Law, 157; 2 lost. 580.

DE ASSISA PROROGANDA. (Lat. For proroguing assisc.) A writ to put at‘! an assise, issuing to the justices, where one of the parties is engaged in the service of the king.

DE ATTORNATO RECIPIENIDO. A writ which lay to the judges of a court, requiring them to rcceive and admit an attornoy for a party. llcg. Orig. 172; Fitzh. Nat. I’.rev. 156.

DE AUDEEITDO ET TERMINANDO. For henrmg and determining; to hear and determine. The name of a writ, or !'l1IJ.IBl' coniniission granted to certain justices to hear and determine cases of heinous misdemeanor, trespass, riotous breach of the peace, etc. Reg. Orig. 123, in scq.; Fitzli. Nat. Brev. 110 B. See Oran AND Tsiminns.

DE AV]-'.'R1'IS CAPTIS IN WITI-IER- NAMIUM. Wrii: for taking cattle in withernam. A writ which lay where the sherlfl retained to a plurics writ of replevin that the cattle or goods. etc., were elolued, etc.: by which he was commanded to take the cattle or the defendant in withcrnam, (or reprisal,) and detain them until he could replevy the other cattle. Iteg. 0i-ig. 8'2; Fitzh. Nat. Brev. 73, E. F. See WITDERNAM.

DE AVERIIS REPLEGIANDIS. to repievy beasts. 3 Bl. Comm 149.

Awrit

DE AVERIIS EETORNANDIS. For returning the cattle. A term applied to pledgrvs given in the old action of repievin. 2 Reeve, Eng. Law, 177.

DE IBANCO. Oi’ the bench. A term formerly applied in England to the justices of the court of common pleas, or “bench," as it was originally styled.

DE BEN]-1 ESSE. Conditionaily; provi- sionally; in anticipation of future need. A phrase applied in proceedings which are tak- en 131- parts or provisionally, and are allow- ed to stand as well done for the present, hni: which may be subject to future exception or

320

DE BONIS PROPEIIB

challenge, and must then stand or fall ac cording to their intrinsic merit and regu- larity.

’_l‘hus, "in certain cases, the courts wiil allow evidence to be taken out of the regular cu) :, in order to prevent the evidvuce living lost‘)! the death or _the absence of the witness. 'l.‘liia is called ‘taking evidence the Dem ease.’ and ioolted _upon as a temporary and conditional ex- uminiition, to be uscd only in ca‘ - the witiys flannut afteruards ll); EXEEIE-|‘:‘I1l‘.’iIlFil:l]E|l9 suildlii

e rcgu ar way." not, 4‘ . - - 4 13:3; Mitt. mg. P1. 52, 149. "' mu‘

DE IBIEN ET DE MAL. L. Fl‘. For good and evil. A plnase by which a paity accused of a crime anciently put himself upon a jury, indicating his entire S1ll)i].|l!>,iul] to their verdict.

DE Bl'.I-INS LE MORT. L. Fr. goods of the deceased. Dyer. 32.

Of the

DE EIGAMIS. Concerning men twice married. The title of the statute -l Edw. I. St. 3; so called from the initial words of the fifth chapter. 2 Inst. 272; 2 Reeve. Eng. Law, 142.

DE BONE MEMORIE. L. Fl‘. memory;

Of good of sound mind. 2 Inst. 510. '

DE IBONIS ASPOETATIS. For goods taken away: for taliing away goods. ’lhe action of trespass for taking personal prop- erty ls technically called "trespass tie Donia asportati's." 1 Tidd, Pr. 5.

DE BONIS NON. A11 lhbrevlutioa of De bonis mm adni/inistraiix, (q. 9.) 1 Strange, 34.

DE IBONIB NON ADMINISTRATIS. Of the goods not administered. When an adniinistiator is appointed to succeed an- other, who has left the estate partially unsettled, he is said to be granted “administration dc bani: non;" that is, of the goods not already administered.

DE BONIS NON AMOVENDIS. Writ for not removing goods. A writ ancientiy directed to the sheriffs of London, commanding: them, in cases where a writ of error was brullght by a defendant against whom a Judgment was recovered. to see that his goods and chattels were safely kept without being removed, while the error remained undetermined. so that execution might be bad of them, etc. Reg. Orig. 13112; Ternies de la Ley.

DE IBONIS PROPRIIS. Of his own goods. The technical name of a jmlginent against an administrator or executor to he satisfied from his own property, and not from the estate of the deceased, as in cases where he has been guilty of a dcivietaivii or

of a false plea of plane u.dnI.in.isiravit.