Blacks Law Dict. 1st ed

DE GRATIA SPECIALI, ETC.

327

DE INJURIA

states, in an amended and altered form. SM 1 Kent, Comm. 404»; 34 Me. 136. DE IDENTITATE NOMINIS. A writ which lay for one arrested in a personal action and committed to prison under a mis take as to his identity, the proper defendant bearing the same name. Reg. Orig. 194. DE IDIOTA INQUIRENDO. An old common-law writ, long obsolete, to inquire whether a man be an idiot or not. 2 Steph. Comm. 509. DE IIS QUI PONENDI SUNT IN ASSISIS. Of those who are to be put on assises. The title of a statute passed 21 Edw. I., defining the qualifications of jurors. Crabb, Eng. Law, 167, 189; 2 Reeve, Eng. Law, 184. DE INCREMENTO. Of increase; in addition. Costs de incremento, or costs of increase, are the costs adjudged by the court in civil actions, in addition to the damages and nominal costs found by the jury. Gilb. Com. PI. 260. DE INFIRMITATE. Of infirmity. The principal essoin in the time of Glanville; afterwards called " de malo. " 1 Reeve, Eng. Law, 115. See DE MALO; ESSOIN. DE INGRESSU. A writ of entry. Reg. Orig. 2276, et seq. DE INJURIA. Of [his own] wrong. In the technical language of pleading, a replication de injuria is one that may be made in an action of tort where the defend ant has admitted the acts complained of, but alleges, in his plea, certain new matter by way of justification or excuse; by this repli cation the plaintiff avers that the defendant committed the grievances in question "of his own wrong, and without any such cause," or motive or excuse, as that alleged in the plea, (de injuria sua propria absque tali causa;) or, admitting part of the matter pleaded, "without the rest of the cause" alleged, (absque residuo causce.) In form it is a species of traverse, and it is frequently used when the pleading of the de fendant, in answer to which it is directed, consists merely of matter of excuse of the alleged trespass, grievance, breach of con tract, or other cause of action. Its com prehensive character in putting in issue all the material facts of the defendant's plea has also obtained for it the title of the general replication. Holthouse.

De gratia speoiall certa scientia et mero motu, talis clausula non valet in his in quibus preesumitur principem esse ignorantem. 1 Coke, 53. The clause "of our special grace, certain knowledge, and mere motion," is of no avail in those things in which it is presumed that the prince was ignorant. De grossis arboribus decimse non da buntur sed de sylvia esedua decimse dabuntur. 2 Rolle, 123. Of whole trees, tithes are not given; but of wood cut to be used, tithes are given. DE H2EREDE DELIBERANDO ILLI QUI HABET CUSTODIAM TERRAS. "Writ for delivering an heir to him who has wardship of the land. A writ directed to the sheriff, to require one that had the body of him that was ward to another to deliver him to the person whose ward he was by reason of his land. Reg. Orig. 161. DE HiEREDE RAPTO ET ABDUC TO. Writ concerning an heir ravished and carried away. A writ which anciently lay for a lord who, having by right the wardship of his tenant under age, could not obtain his body, the same being carried away by an other person. Reg. Orig. 163; Old Nat. Brev. 93. DE HiEEETICO COMBURENDO. (Lat. For burning a heretic.) A writ which lay where a heretic had been convicted of heresy, had abjured, and had relapsed into heresy. It is said to be very ancient. Fitzh. Nat. Brev. 269; 4 Bl. Comm. 46. DE HOMAGIO RESPECTUANDO. A writ for respiting or postponing homage. Fitzh. Nat. Brev. 269, A. DE HOMINE CAPTO IN WITHER NAM. (Lat. For taking a man in wither nam.) A writ to take a man who had car ried away a bondman or bondwoman into another country beyond the reach of a writ of replevin. DE HOMINE REPLEGIANDO. (Lafc. For replevying a man.) A writ which lies to replevy a man out of prison, or out of the custody of a private person, upon giving se curity to the sheriff that the man shall be forthcoming to answer any charge against him. Fitzh. Nat. Brev. 66; 3 Bl. Comm. 129. This writ has been superseded almost wholly, in modern practice, by that of habeas corpus; but it is still used, in some of the

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