Page:Black's Law Dictionary (Second Edition).djvu/335

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DE LIBERA FALDA 3

neighbors in any parish, in publlc or prirate places. to their anno_n1nv.e. Reg. Orig. 267; l‘ Nat. Brev. 234, E; New l\'al. Brev.

)‘..

DE LIBEBA FALDA. Writ of free fold. A species of quot! per-mittut. Reg. Orig. 155.

DE LIBERA PISGARIA. Writ of free fishery. A species of quod permitmt. Reg. Orig. 155.

DE LIBERO PASSAGIO. Writ of free passage. A species or quad pcrmittat. Reg. Orig, 155.

DE LIBERTATE PROBANDA. Writ

for proring liberty. A writ which lay for such as. being demanded for villeins or niefs, oifered to prove themselves free. Reg. Orig STD; Fitzh. Nat. Brev. 77, F.

DE LIBERTATIBUS ALLOGANDIS. 3 writ of vaiious forms. to enable a citizen to recover the liberties to which he was entitled. Filzh. Nat. Brev. 229; Reg. Orig. 162.

DE LICENTIA TRANSFRETANDI. Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport Ln England, com- nmnding them to permit the persons named in the writ to cross the sea from such port, on certain conditions. Reg. orig. 1931;.

DE LUNATICO INQYITRENDO. The name of 11 writ directed to the sheriff. di- rccilng him to inquire by good and lawful men whether the party charged is a lunatic or not

DE MAGNA ASSISA ELIGENDA. A urit by niiich the grand assise “as chosen and summoned. Reg. Orig. 8; Fitzh. Nat. Brev. 4.

De mnjori et minnfi nan. variant jnra. Concorniu:,' greater and Ian laws do not vary. 2 Vern. 552.

DE MALO. Of illness. This phrase was frequently used to designate several species of essoln, (q 7;.,) such as (la main icon‘, of illness in bed: the male venicridi, of illness {or nnsfortnne) in coming to the -place where the court sat: de mala villzr, of illness in the town where the court sat

DE MANUCAPTIONE. Writ of man- u-‘nption, or niainprise. A writ which lay I'm one who. being taken and imprisoned on a charge of felony, nad otrered hail, which had been refused; requiring the sheriff to discharge him on his finding sufficient main- pernors or Imil. Reg. Orig. 268b,‘ Filzh. i\'nt. Brcv. 249, G.

7 DE MODERATA MISERICORDIA

DE MANUTENENDO. Writ of maintenance. A writ which lay against a person for the offense of msintename. Reg. Orig. 1S9, 1821).

DE MEDIETATE LINGUE. Of the half tongue; half of one tongue and half of another. This phrase describes that species of jury Which, at common law, was allowed in hoth civil and criminal cases where one of the parties was an alien. not speaking or understanding English. it was composed of six English denizens or natives and SIX of the alien's own countrymen.

DE MEDIO. A writ in the nature of a writ of right, which lay where upon a §llliiiEI- fendatiou the mesne (or middle) lord suffered iiis under-tenant or tenant gzrmn-ail to he distrmned upon by the lord paramount for the rent due him from the meme lord. Booth, Real Act. 136.

DE MELIORLBUS DAMNIS. Of or for the better‘ damages. A term used in practice to denote the election by a plaintiff against which of several defendants (where the damages have been assessed separately) he will take judgment. 1 Arch. Pr. K. B. 219; Knickerbacker I’. Colver, 8 Cow. (N. Y.) 111.

DE M]-JRCATORIIBUS. “Concerning mer- chants." The name of a statute passed in the eleventh year of Eilw. I. (1233) more commonly called the "Statute of Acton Burnel," authorizing the recognizance by sin tnte merch-mt. See 2 Reeve, Eng. Law, 1G0—1G2; 2 Bl. Comm. 161.

De minimls nun curat let. The illW does not care for, or take notice of. very small or trifling matters. The law does not cocnern itself about trifies. Cro. Eliz, 353. Thus, error in calculation of a fractional part of a penny will not be regarded. Huh. 88. So, the law will not, in general. notice the frattion of a day. Broom, Max. 142.

DE MINIS. Writ of threats. A writ which lay where a person was threatened with personal violence, or the destruction of his property, to compel the otteuder to keep the peace. Reg. Orig. 8811. 89; Fitzh. Nat. Brev. 79, G, 80.

DE MITTENDO TENOREM RECOR- DI. A writ io send the tenor of a l‘(‘(0Td. or to exemplify it under the great seal. Reg. Orig. 2201).

DE MODERATA MISERICOBDIA CA- PIENDA. “Tit for taking a mnderate iuuercement. A writ, founded on illamm C'ha~rtn., (c. 14,) which lay for one who was excessively amerced in a court not of record.

directed to the lord of the court, or his hail-