Blacks Law Dict. 1st ed

321 DE BONIS NON AMOVHNDIS

DE ARRESTANDIS, ETC.

DE AVEBIIS BETOBNANDIS. For returning the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177. DE BANCO. Of the bench. A term formerly applied in England to the jus tices of the court of common pleas, or "bench," as it was originally styled. DE BENE ESSE. Conditionally; pro visionally; in anticipation of future need. A phrase applied to proceedings which are taken ex parte or provisionally, and are allowed to stand as well done for the present, but which may be subject to future exception or chal lenge, and must then stand or fall according to their intrinsic merit and regularity. Thus, "in certain cases, the courts will allow ev idence to be taken out of the regular course, in or der to prevent the evidence being lost by the death or the absence of the witness. This is called 'tak ing evidence de bene esse, 1 and is looked upon as a temporary and conditional examination, to be used only in case the witness cannot afterwards be ex amined in the suit in the regular way." Hunt, Eq. 75; Haynes, Eq. 183; Mitf. Eq. PI. 52,149. DE BIEN ET DE MAL. L. Fr. For good and evil. A phrase by which a party accused of a crime anciently put himself up on a jury, indicating his entire submission to their verdict. DE BIENS LE MOBT. L. Fr. Of the goods of the deceased. Dyer, 32. DE BIGAMIS. Concerning men twice married. The title of the statute 4 Edw. I. St. 3; so called from the initial words of the fifth chapter. 2 Inst. 272; 2 Reeve, Eng. Law, 142. DE BONE MEMOBIE. L. Fr. Of good memory; of sound mind. 2 Inst. 510. DE BONIS ASPOBTATIS. For goods taken away; for taking away goods. The action of trespass for taking personal prop erty is technically called "trespass de bonu asportatis." 1 Tidd, Pr. 5. DE BONIS NON. An abbreviation of Be bonis non administrate*, (q.v.) 1 Strange, 34. DE BONIS NON ADMINISTBATIS. Of the goods not administered. When an ad mi nistrator is appointed to succeed another, who has left the estate partially unsettled, he is said to be granted "administration de bonis non;" that is, of the goods not already ad ministered. DE BONIS NON AMOVENDIS. Writ for not removing goods. A writ an

when an action was brought for a cause which had been settled by arbitration. Wats. Arb. 256. DE ABBESTANDIS BONIS NE DIS SIPENTUB. An old writ which lay to seize goods in the hands of a party during the pendency of a suit, to prevent their be ing made away with. Beg. Orig. 1266. DE ABBESTANDO IPSUM QUI PE CUNIAM BECEPIT. A writ which lay for the arrest of one who had taken the king's money to serve in the war, and hid himself to escape going. Keg. Orig. 246. DE ABTE ET PABTE. Of art and part. A phrase in old Scotch law. DE ASPOBTATIS BELIGIOSOBUM. Concerning the property of religious persons carried away. The title of the statute 35 Ed ward I. passed to check the abuses of cler ical possessions, one of which was the waste they suffered by being drained into foreign countries. 2 Beeve, Eng. Law, 157; 2 Inst. 580. DE ASSISA. PBOBOGANDA. (Lat. For proroguing assise.) A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king. DE ATTOBNATO BECIPIENDO. A writ which lay to the judges of a court, re quiring them to receive and admit an attor ney for a party. Reg. Orig. 172; Fitzh. Nat. Brev. 156. DE ATJDIENDO ET TEBMINANDO. For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine cases of heinous misdemeanor, trespass, riotous breach of the peace, etc. Reg. Orig. 123, et seq.; Fitzh. Nat. Brev. 110 B. See OYER AND TERMINEK. DE AVEBIIS CAPTIS IN WITHEB NAMIUM. Writ for taking cattle in with ernam. A writ which lay where the sheriff returned to a plwies writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was commanded to take the cattle of the defendant in withernam, (or re prisal,) and detain them until he could re plevy the other cattle. Reg. Orig. 82; Fitzh. Nat. Brev. 73, E. F. See WITHERNAM. DE AVEBIIS BEPLEGIANDIS. A wnt to replevy beasts. 3 Bl. Comm. 149. .AM.DICT.LAW—21

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