Blacks Law Dict. 1st ed

322

DB OLAUSO FRACTO

DE BONIS PROPEIIS

DE CAPITB MUnJTIS. Of thosewho have lost their status, or civil condition. Dig. 4, 5. The name of a title in the Pan dects. See CAPITIS DEMINUTIO. DE CARTIS REDDENDIS. (For re storing charters.) A writ to secure the de livery of charters or deeds; a wr.it of detinue. Reg. Orig. 1596. DE CATALLIS REDDENDIS. (For restoring chattels.) A writ to secure the return specifically of chattels detained from the owner. Cowell. DE CAUTIONE ADMITTENDA. Writ to take caution or security. A writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had of fered sufficient security (idoneam cautionem} to obey the commands of the church; com manding him to take such security and re lease the prisoner. Reg. Orig. 66; Fitzh. Nat. Brev. 63, C. DE CERTIFICANDO. A writ requir ing a thing to be certified. A kind of cer tiorari. Reg. Orig. 151, 152. DE CERTIORANDO. A writ for cer tifying. A writ directed to the sheriff, re quiring him to certify to a particular fact. Reg. Ong. 24. DE CHAMPERTIA. Writ of cham perty. A writ directed to the justices of thfr bench, commanding the enforcement of the statute of champertors. Reg. Orig. 183; Fitzh. Nat. Brev. 172. DE CHAR ET DE SANK. L. Fr. Of flesh and blood. Affaire rechat de char et d& snnk. Words used in claiming a person to be a villein, in the time of Edward II. Y. B. P. 1 Edw. II. p. 4. DE CHIMINO. A writ for the enforce ment of a right of way. Reg. Orig. 155. DE CIBARIIS UTENDIS. Of victual* to be used. The title of a sumptuary stat ute passed 10 Edw. III. St. 3, to restrain the expense of entertainments. Barring. Ob. St. 240. DE CLAMIA ADMITTENDA IN ITINERE PER ATTORNATUM. See CLAMIA ADMITTENDA, etc. DE CLARO DIE. By daylight. Fleta, lib. 2, c. 76, § 8. DE CLAUSO FRACTO. Of close broken; of breach of close. See CLAUSTJM FBKGIT.

neoted to the sheriffs of London, com manding them, in cases where a writ of er ror was brought by a defendant against whom a judgment was recovered, to see that hia goods and chattels were safely kept without being remoced, while the error remained un determined, 50 that execution might be had of them, etc. Beg. Orig. 1816/ Termes de la Ley. DE BONIS PROPRIIS. Of his own goods. The technical name of a judgment against an administrator or executor to be satisfied from his own property, and not from the estate of the deceased, as in cases where he has been guilty of a devastavit or of a false plea of plene administravit. DE BONIS TESTATORIS, or IN TESTATI. Of the goods of the testator, or intestate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual property of his executor or ad ministrator. 2 Archb. Pr. K. B. 148,149. DE BONIS TESTATORIS AC SI. (Lat. From the goods of the testator, if he has any, and, if not, from those of the execu tor.) A judgment rendered where an execu tor falsely pleads any matter as a release, or, generally, in any case where he is to be charged in case his testator's estate is insuffi cient. 1 Williams' Saund. 3366; Bac. Abr. "Executor," B, 3; 2 Archb. Pr. K. B. 148. DE BONO ET MALO. "For good and ill." The Latin form of the law French phrase "De bien et de mal." In ancient criminal pleading, this was the expression with which the prisoner put himself upon a jury, indi cating his absolute submission to their ver dict. This was also the name of the special writ of jail delivery formerly in use in England, which issued for each particular prisoner, of course. It was superseded by the general commission of jail delivery. DE BONO GESTU. For good behavior; for good abearance. DE C2ETERO. Henceforth. DE CALCETO REPARANDO. Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and main tain a causeway, etc. Reg. Orig. 154. DE CAPITALIBUS DOMINIS FEO DI. Of the chief lords of the fee.

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