Blacks Law Dict. 1st ed

320

DAYSMAN

DE ARBITRATIONE FACTA

DAYSMAN. An arbitrator, umpire, or elected judge. Cowell. DAY-TIME. The time during which there is the light of day, as distinguished from night or night-time. That portion of the twenty-four hours during which a man's person and countenance are distinguishable. 9 Mass. 154; 1 Car. & P. 297. In law, this term is chiefly used in the definition of certain crimes, as to which it is material whether the act was committed by day or by night. DAYWERE. In old English law. A term applied to land, and signifying as much arable ground as could be plowed up in one day's work. Cowell. DE. A Latin preposition, signifying of; by; from; out of; affecting; concerning; respecting. DE ACQUIRENDO EERUM DOMI NIO. Of (about) acquiring the ownership of things. Dig. 11, 1; Bract, lib. 2, fol. 86. DE ADMENSURATIONE. Of admeas urement. Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pastura was a writ for the admeasurement of pasture. DE ADVISAMENTO CONSILII NOSTRI. L. Lat. With or by the advice of our council. A phrase used in the old writs of summons to parliament. Crabb, Eng. Law, 240. DE 2EQUITATE. In equity. De jure stricto, nihil possum vendicare, de cequitate tamen, nullo modo hoc obtinet; in strict • law, I can claim nothing, but in equity this by no means obtains. Fleta, lib. 3, c. 2, §10. DE 2ESTIMATO. In Roman law. One of the innominate contracts, and, in effect, a sale of land or goods at a price fixed, (cesti mato,) and guarantied by some thiid party, who undertook to find a purchaser. DE ESTATE PROBANDA. Forprov ing age. A writ which formerly lay to sum mon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being of full age. Fitzh. Nat. Brev. 257; Reg. Orig. 294. DE ALEATORIBUS. About gamesters. The name of a title in the Pandects. Dig. 11,5.

DE ALLOCATIONE FACIENDA, Breve. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in their ac counts certain payments made by them. Reg. Orig. 192. DE ALTO ET BASSO. Of high and low. A phrase anciently used to denote the absolute submission of all differences to arbi tration. Cowell. DE AMBITU. Lat. Concerning brib ery. A phrase descriptive of the subject-mat ter of several of the Roman laws; as the Lex Aufldia, the Lex Pompeia, the Lex Tullia, and others. See AMBITUS. DE AMFLIORI GRATIA. Of more abundant or especial grace. Townsh. PI. 18. DE ANNO BISSEXTILI. Ofthe bis sextile pr leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or direction to the justices of the bench, instructing them how the ex traordinary day in the leap year was to be reckoned in cases where persons had a day to appear at the distance of a year, as on the essoin de malo lecti, and the like. It was thereby directed that the additional day should, together with that which went be fore, be reckoned only as one, and so, of course, within the preceding year. 1 Reeve, Eng. Law, 266. DE ANNUA PENSIONE, Breve. Writ of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chap lains, demanded the same of the abbot or prior, for the person named in the writ. Reg. Orig. 2656,307; Fitzh. Nat. Brev. 231G. DE ANNUO REDITU. For a yearly rent. A writ to recover an annuity, no mat ter how payable, in goods or money. 2 Reeve, Eng. Law, 258. DE APOSTATA CA.PIENDO, Breve. Writ for taking an apostate. A writ which anciently lay against one who, having en tered and professed some order of religion, left it and wandered up and down the coun try, contrary to the rules of his order, com manding the sheriff to apprehend him and deliver him again to his abbot or prior. Reg. Orig. 716. 267; Fitzh. Nat. Brev. 233,234. DE ARBITRATIONE FACTA. (Lat. Of aibitration had.) A writ formerly used

Archive CD Books USA