Blacks Law Dict. 1st ed

DE EJECTIONE

324

DE CURSU

was distrained for rent that ought to be paid by others proportionably with him. Fitzh. Nat. Brev. 234; Termes de la Ley. DE DIE IN DIEM. From day to day. Bract, fol. 2056. DE DIVERSIS REGULIS JURIS ANTIQUI. Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig. 50, 17. DE DOLO MALO. Of or founded upon fraud. Dig. 4, 3. See AOTIO DE DOLO MALO. DE DO MO REPARANDA. A writ which lay for one tenant in common to com pel his co-tenant to contribute towards the repair of the common property. DE DONIS. Concerning gifts, (or more fully, de donis conditionalibus, concerning conditional gifts.) The name of a celebrated English statute, passed in the thirteenth year of Edw. I., and constituting the first chapter of the statute of Westm. 2, by virtue of which estates in fee-simple conditional (formerly known as "dona conditionalia") were converted into estates in fee-tail, and which, by rendering such estates inalienable, introduced perpetuities, and so strengthened the power of the nobles. See 2 Bl. Comm. 112. DE DOTE ASSIGNANDA. Writ for assigning dower. A writ which lay for the widow of a tenant in capite, commanding the king's escheator to cause her dower to be assigned to her. Reg. Orig. 297; Fitzh. Nat. Brev. 263, C. DE DOTE UNDE NIHIL HABET. A writ of dower which lay for a widow where no part of her dower had been as signed to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent, Comm. 63; Stearns, Real Act. 302; 1 Washb. Real Prop. 230. DE EJECTIONE CUSTODI2E. A writ which lay for a guardian who had been forcibly ejected from his wardship. Reg. Orig. 162. DE EJECTIONE FIRM^l. A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainder man, or stranger who had himself deprived the tenant of the occupation of the land dur ing his term. 3 Bl. Comm. 199.

DE CURSU. Of course. The usual, necessary, and foimal proceedings in an ac tion are said to be de cursu; as distinguished from summa?y proceedings, or such as are incidental and may be taken on summons or motion. Writ de cursu are such as are issued of course, as distinguished from prerogative writs. DE CUSTODE ADMITTENDO. Writ for admitting a guardian. Beg. Orig. 936, 193. DE CUSTODE AMOVENDO. Writ for removing a guardian. Reg. Orig. 198. DE CUSTODIA TERR.E ET HJERE DIS, Breve. L. Lat. Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight's service or in socage, to recover the possession and custody of the infant, or the wardship of the land and heir. Reg. Orig. 1616; Fitzh. Nat. Brev. 139, B; 3 Bl. Comm. 141. DE DEBITO. A writ of debt. Reg. Orig. 139. DE DEBITORE IN PARTES SE CANDO. In Roman law. "Of cutting a debtor in pieces." This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much con troversy. Some commentators have conclud ed that it was literally the privilege of the creditors of an insolvent debtor (all other means failing) to cut his body into pieces and distribute it among them. Others con tend that the language of this law must be taken figuratively, denoting a cutting up and apportionment of the debtor's estate. The latter view has been adopted by Montes quieu, Bynkershoek, Heineccius, and Taylor. (Es prit des Lois, liv. 29, c. 2; Bynk. Obs. Jur. Rom. L 1, c. 1; Heineco. Ant. Rom. lib. 3, tit. 30, § 4; Tayl. Comm. in Leg. Decemv.) The literal meaning-, on the other hand, is advocated by Aulus Gellius and other writers of antiquity, and receives support from an expression (semoto omni cruciatu) in the Roman code itself. (AuL Gel. Noctes Atticse, lib. 20, e. 1; Code, 7, 7, 8.) This is also the opin ion of Gibbon, Gravina, Pothier, Hugo, and Nieh buhr. (3 Gib. Rom Emp., Am. Ed., p. 183; Grav. de Jur. Nat. Gent, et XII. Tab. § 72; Poth. Introd. Pand.; Hugo, Hist, du Droit Rom. torn. L, p. 233, | 149; 2 Niehb. Hist. Rom. p. 597; 1 Kent, Comm. 523, note.) BurrilL DE DECEPTIONE. A writ of deceit which lay against one who acted in the name of another whereby the latter was damnified and deceived. Reg. Orig. 112. DE DEONERANDA PRO RAT A PORTIONIS. A writ that lay where one

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