Page:Black's Law Dictionary (Second Edition).djvu/337

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DE PARTITIONE FACIENDA

DE PARTITIONE FACIEITDA. A Writ urhith lny to make partition 0!! lands or ‘tene- nit-nts held by seven al as copnrceuers, temlnts [II Common. etc. Reg. Orig. 76; Fitzh. Nat. Bret. 61, It; Old Nat. Brev. 142.

DE PERAMBULATIONE FAGIENDA. A suit which lay where there was a dispute as to the boundaries of two adjacent I--.m-hips or towns, directed to the sheriff, -mu-.iuding him to take with him twelve discreet and lawful knighte of his county uni make the pernmbuintion and set the lusnds and lhnits In certainty. Fltzh. Nat. Brew. 309, D.

DE PIGNORE SURREPTO FURTI, ACTIO. in the civil law. An action to recnser a pledge stolen. Inst. 4, 1, 14.

DE PITA VINI CARIANDA. A writ uf trespass for carrying it pipe of Wine 50 (‘-'Il'L'll!5Sly that it was stove, and the contents 1--«. Reg. Orig. 110. Alluded to by sin- WIIil:il.|l Jones in his remarks on the case of U4.-ggs v. Bernard, 2 Ld. Raym. 909. Jones, Lhiinl. 59.

DE PLACITO. Of a plea; of or in an action. F0l‘i.u.il words used in declarations and other prm-eedings, as descriptive of the puitic-uLir action brought.

DE PLAGIS ET MAJIEMIO. OE wuuuds and mayhem The name of a crim- lu-.1l am-enl formerly In use In England, In rises of wounding and maiming. Bract. toL 1-1-lb; 2 lieeve, Eng. Law, 34. See APPEAL.

DE PLANO. Lat. On the ground; on

1 level. A term oi! the Roman law descrip-

Ll\-P of the method of heniding Lausen, when lb praelur stood on the ground with the suitula‘. Instead of the more formal method \vhen he occupied a bench or tilbunal; hence In- formal, or summnry.

DE PLEGIIS ACQUIETANDIS. Writ for at-qulmng or releasing pledges. A writ um lay for a surety, against him for whom he had become surety for the payment of 3 (‘M1 iiu sum of money nt :1 certain day, where [he Lmer had not paid the money at the ap- yuinted day, and the surety was compelled to puy it. Reg. Orig. . , Fitzh. Nat. Brev. 137, L‘; Ii Reeve, Eng. Law, 65.

DE PONENDO SIGILLUM AD EX- CEPTIONEM. Wrlt for putting a seal to no Efi('ei‘ltI0l'I. A writ by which justices were formerly commnnded to put their seals to exceptions taken by :1 party in a suit. Reg. Orig. ‘[82.

DE POST DISSEISINA. Writ of post disscisin. A writ which lay for him who, hnvlng recovered lands or tenements by prrw cine quad reddot, on default, or reddition,

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329

DE RATIONABILIBUS DIVISIS

was n-gain disselsed by the former d0-~-|.sor Reg. Orig. 208; Fitzh Nat. Brev. 190

DE PRIEROGATIVA REGIS. The statute 17 Edw. 1., St. 1, c 9, defining the prerogatives or the crown on certain S: I» jetts, but esper-Inlly directing that the kii , shall have ward of the lands of Idiot -. taking the profits without wnste, and finding them necessaries. 2 Steph. Comm. 429

DE PRIESENTI Of the present; in the present tense Sew Pen Venn; on Pu.-nsnrrrw

DE PROPRIETATE PROBANDA. Writ for proving prop. Mr A nrlt direvted to the sh:-rlfl'. to inquire of the property or goods distrained, where the rlefendant in an action of replevin claims the property. Ii Bl Comm. 148; Reg. Orig. S512

DE QUARANTINA HABENDA. At common law, a writ which a widow entitled to quarantine might sue nut in case the behor other persons ejected her It seems to have been a summary process, and required the sherljr. If no just muse were shown against it. speedily to put her into possession. Aiken v. Aiken, 12 Or 203. 6 Pac 6S2

DE QUIBUS SUE DISSEISIN An acnient writ of entry.

DE QUO, and DE QUIBUS. Of which Formal words in the simple writ of entrv, from which it was called a writ of entxy "In the aim." or “in the qm'bu.s." 3 Reeve, Eng. Law. 33.

DE QUOTA LITIS. In the Civil law. A (‘ontrnct by “hlch one who has a claim dltficult to recmer agrees with nnother to give o part, for the purpose of oi-nming his seuices to recover the rest. 1 Duvnl, note 201.

DE RAPTU VIRGINUM. Of the ravish- ment of maids. The name of an appeal formerly in use In England in r ‘see of rnpe. Brnct. fol. 147; 2 Reeve, Eng. Law, 38.

DE RATIONABILI PARTE BOND- RUM. A Writ nhlxh lay for the wife and children of a den used peisnn ngninst his executors, to ret-mer their red mal-Ie part or share of his goods. 2 Bl. Comm. 421.. Fitzh. Nat. Brev. 122. L: Hopkins v. Wright 17 Tex. 36.

DE RATIONABILIBUS DIVISIS. Writ for fixing reasonnhle houndarim: A writ which his to settle the hunndaruu IDE- lweon the lands of persons in different towns, where one complained of encroach- ment. Reg. Orig. 1571;; Fitzh. Nat. Brew 1%, M; Rose. Real Act. 31; 3 Reeve, Em; Law, 48.

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