Page:Black's Law Dictionary (Second Edition).djvu/331

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DE DEBITORE IN PARTES 3

in pieces.” This was the name of a law conlalned in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the Lreditors of an insolient debtor (all other means full log) to cut his body into pieces and distribute It runong them. Others contend that the language of this law must be taken figuratively, denoting a cutting up and apportionmeut of the debtor's estate.

lhe lnttrt vi:-w has been adopted by l\inntes- ' ynku-r~. ock, ileincecius. rind nylor. it drs Lois, liv. 29, c. 2;

Hcinccc. Ant. Iiom lib. 3, (it.

Comm. in Leg. Decemv.) The his-rul rnenuiu,:, on the other hand, is advocated by Aulus Gellllls and other writers of antiquity, nnd Tl «owes support from an expression (semuzo on u (vrm-ilzlu) in the Iwmnn code itsitf (Aul, Iinl. l\octes Attica; lib. 20, c. 1-. Code, 7, 7,_ S.) 'lms [S nlso the opinion of Gibbon, Gravina, i'mlner, i:lugu, and Nhehhuhr. (3 Gib. iiom. l‘:lxfl., Am. Ed, 1:. 183; (lrav. de Jur. Not. I


t. et XII. Tab. § 72; Potli. introil. Pa_nd.'.

1:. in. §

‘lingo, Hist. du Droit Iinm. tom. 149: 2 l\'cibla. Iiist. Rom. p. 5! l"o|um. 523. note.) Bur-rill.

DE D1-:01-IPTIONE. A writ of deceit which lay ugniust one who acted in the name of another whereby the latter was dnmnifled and deceived. Reg. Orig. 112.

DE DEONERANDA PRO KATA POETIONIS. A writ that lay where one -was dlstrnined for rent that ought to be paid by others proportionahly with him. Fitzh. Nat Brev. 234; Termes de la Ley.

DE DIE IN DIEM. Exact. fol. 2051).

From day to dny.

DE DIVERSIS REG-ULIS JURIS AN- TIQUI, of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig 50, 17.

DE DOLO MALO. Of or tounded upon fraud. Dig. 4, 3. Ses Aorm on Dor.o MALo.

DE DOMO REPARANDA. A Writ which lay for one tenant in common to compel his co-tenant to contribute tovuards the repair of the common property.

DE DONIS. Concerning gifts, (or more fully, de donis canditiomziibus, concerning conrlitionnl gifts.) The name of a celebrated English statute. passed in the thirteenth year of Edw. I., and constituting the first clmpter of the statute of Westm. 2, by virtue of which estates in fee-simple conditional iforuierly known as "tlmia comh'iiun.ulia") were comerted into estates in fee-t..iil, and Irhit-ll by rendt-ring such estates innliennbie, intrmluced perpetultucs, and so strengthened the power of the nobles. See 2 Bl. Comm. 112.

3 DE ESTOVERIIS HABIENDIS

DE DOTE ASSIG-NAITDA. Wl'it for ussigalng dower. A writ which lay for the sxirlow of a tenant in capifc. conJ.Luau4lmg the kings escheater to cause her closer to he .\s.~igned to her. Reg. Orig. 29?; i1‘itzh I\:\t. Brev. 263, C.

DE DOTE UNDE NII-[IL HABET. A writ of flower which lay for a uidow \\ here no part of her flower had been assigned to her. It is now much disused; but a form closely resemhlmg it is still sometimes used in the United States. 4 Kent, Comm. 63; Ste-urns, Real Act. 302: 1 Washh. Real Prop. 230.

DE EJECTIONE CUSTODIIE. A Writ which lay for a guai-di.1u who had been forcibly ejected from his wsrdship. Reg. Orig. 162.

DE EJECTIONE EIRMIE. A Writ which lay at the suit of the tenant for years against the lessor, revelsiuner. remainder- Luau, or stranger who hud_ himself deprived the tenant of the occupation of the land during his term. 3 Bl. Comm. 199

By a gradual extension of the scope of this form of action its object was made to include not only damages for the unlawful deminer, but also the possession for the remainder of the term, and eventually the possession of innd generally. And, as it turned on the right of possession, this lnvol\'e(‘l a determi- nation of the right of property, or the title, and thus arose the modern action of eject- ment.

DE ESCH-ETA. Writ of est-heat. A writ which 9. lord hnd, where his tenant died without heir, to recover the land. Reg. 16411,‘ Fitzh. Nat. Brev. 143, 1-14, E‘.

DE ESCAMBIO MONETE. A writ of excliunge of money. An ancient writ to anthorize a merchant to make a hill of ex- change, (literas cainbitoriaa facerc.) Reg. Orig_ 194.

DE ESSE IN PEBEGRINATIONE. Oi’ being on a journey. A species of essoin. 1 Reeve, Eng. Law. 119.

DE ESSENDO QUIETUM DE TOL0- NIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fltzh. Nat. Brev. 226; Reg. Orig. 2581;.

DE ESSONIO DE MALO LECTI. A writ which issued upon an essoin of malum iecti being cast, to examine whether the party was in fact sick or not. Reg. Orig. 8b.

DE ESTOVERIIS HABENDIS. Writ for having estoveis. A writ which lay for a wife divorced :1 mensa. ct thorn, to recmer her alimony or estovers. 1 Bl. Comm. 441; 1 Let‘. 6.

Orig. H