Page:Black's Law Dictionary (Second Edition).djvu/338

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DE REBUS 330 DE STATUTO STAPULE  

DE REBUS. Of things. The title of the third part of the Digests or Pandects, comprising books 12-19, inclusive.

DE REBUS DUBIIS. Of doubtful things or matters. Dig. 34. 5.

DE RECORDO ET PROCESSU MITTENDIS. Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 200.

DE RECTO. Writ of right. Reg. Orig. 1, 2; Bract. fol. 327b. See Writ of Right.

DE RECTO DE ADVOCATIONE. Writ of right of advowson. Reg. Orig. 29b. A writ which lay for one who had an estate in an advowson to him and his heirs in fee-simple, if he were disturbed to present. Fitzh. Nat. Brev. 30, B. Aboljshed by St. 3 & 4 Wm. IV. c. 27.

DE RECTO DE RATIONABILI PARTE. Writ of right, of rezisonable part A writ which lay between pnvies in blood, as between brothers in gmreikind, or between sisters or other coinarcenels for lands in fee~ simple, where one was flC[71'i\ ed 0!! his or her share by another. R02. Orig. 31;; Fitzh. Nat. Brev, 9. B. Ahohshed by St. 3 & 4 Wm. IV. c. 27

DE REGTO PATENS. patent. Reg. Orig. 1.

Writ of right

DE REDISSEISINA. Writ of rerlisseisin. A writ which in: where a mn.n recovered by asslse of novel disselsm lnnil. rent, or com- mon, and the like. rind was put in possession thereof by rerdlct, and afterwards was disseised of the same land. rent, or cornmuu, hy him iny whom he was iiisseised before. Reg. Orig. 2061); Fitzh. Nat. Brev. 188, B.

DE REPARATIONE PACIENDA. A writ by WiJiLll one tenant in common seeks to compel another to aid in re ring the property held in common. 8 Barn. & C 269.

DE RESCUSSU. Writ of rescue or rescous. A writ which lay where cattle distrained, or persons arrested, were rescued from those taking them. Reg. orig. 117. 113: Fitzh. Nat. Brev. 101, C. G.

DE RETORNO HABENDO. For having a return; to have a return. A term ripplied to the judgment for the defendant in an action 0!! repierin, awarding him a return of the goods repievied; and to the writ or execution issued thereon. 2 Tidd, Pr. 903, 1038; 3 Bl. Comm. 149. Applied also to the sureties given by the plaintiff on com- mencing the action. Id. 147.

DE EIEN CULPABLE. L. F1‘. of notJ.iin;_:; not guilty.

Guilty


DE SA VIE. L. Fr. Of his or her life; of his own life: as distinguished from jmr autre vie, for another's life Litt. §§ 35. 36.

DE SALVA GABDIA. A writ of safe guard allowed to strangers seeking ii-fir

rights in English courts, and aprnrehemhg.

violence or injury to their persons or pro)» l;y. Itcg. Orig. 26.

DE SALVO CONDUCTU. safe conduct.

A writ of Reg. Orig. 251). 26.

DE SGAGGARIO. Of or conreinim QM

cxthequer. The title of a statute pasaeod In the fiftyfirst year of Henry Iii. 2 ileum Eng. Law, 61.

DE SCUTAGIO HABENDO. Writ for

having (or to have) esnnage or scuingc. A \\rit which uncieutly lay a,':ainst teuanfl hy imightservice. to compel them to servcin the l:ing’s wars or send substitutes or to my Q cnage: that is a sum 0!! money. Fitzh. Nut Brev. S3, 0. The same writ lay for one who had already served in the king's army, or paid a fine instead. ngainst those who held of him hr knight-service. to 1‘ern\'er his esci-no or scutage. Reg. Orig. 88; Fitzh, Nat. Brew. S3. D, F.

DE SE BENE GERENDO. For hehaVing himself well; (or his good behavior ieiv. 90. 154.

DE SEGTA AD MOLENDTNUM. Of suit to a 111111 A writ which ia_\‘ to cnmpel one to continue his custom (of grindhig) iii a mill. 3 Bl. Comm 235; Fitsh. Nat. Brew. 122, M.

De simililmn nd stmilia eadem rations px-ocedendum est. From like timings to like things we are to proceed hr the same rule or reason. ii. 9., we are allowed to nrgue from the analogy of Cases] Branch, Print

De simililms idem est judicandum. Of [respecting] like things. [in like cases.] the judgment is to be the same. 1' Coke, 18.

DE SON TORT. L. Fr. Of his mm wrong. A stranger who takes upon him to act as an executor without any just authority is called an "executor of his own wromz" (tie sun tort.) 2 Bl. Comm. 507; 2 Staph Comm. 244.

DE SON TORT DEIVIESNE. Of his own wrong The law French equivalent or the Latin phrase the dnjuria, (q. 7;.)

DE STATUTO MERGATORIO. Th- writ of statute merchant. Reg. Orig. 1401;.

DE STATUTO STAPULE. statute staple. Reg. 0l‘ig_ 151.

The writ of