Blacks Law Dict. 1st ed

DE INOFFICIOSO TESTAMENTO 328

DE MALO

DE LATERE. From the side; on the side; collaterally; of collaterals. Cod. 5,5,6. DE LEGATIS ET FIDEI COMMIS SIS. Of legacies and trusts. The name of a title of the Pandects. Dig. 30. DE LEPROSO AMOVENDO. Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his neighbors in any parish, in public or private places, to their annoyance. Beg. Orig. 267; Fitzh. Nat. Brev. 234, E; New Nat. Brev. 521. DE LIBERA FALDA. Writ of free fold. A species of quod permittat. Beg. Orig. 155. DE LIBERA PISCARIA. Writ of free fishery. A species of quod permittat. Beg. Orig. 155. DE LIBERO PASSAGIO. Writ of free passage. A species of quod permittat. Beg. Orig. 155. DE LIBERTATE PROBANDA. Writ for proving liberty. A writ which lay for such as, being demanded for villeins or mefs, offered to prove themselves free. Reg. Orig. 876; Fitzh. Nat. Brev. 77, F. DE LIBERTATIBUS ALLOCANDIS. A writ of various forms, to enable a citizen to recover the liberties to which he was en titled. Fitzh. Nat. Brev. 229; Beg. Orig. 262. DE LICENTIA TRANSFRETANDI. Writ of permission to cross the sea. An old writ directed to the wardens of the port of Dover, or other seaport in England, com manding them to permit the persons named in the writ to cross the sea from such port, on certain conditions. Beg. Orig. 1936. DE LUNATICO INQUIRENDO. The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether the party charged is a lunatic or not. DE MAGNA ASSISA ELIGENDA. A writ by which the grand assise was chosen and summoned. Beg. Orig. 8; Fitzh. Nat. Brev. 4. De majori et minori non variant jura. Concerning greater and less laws do not vary. 2 Vern. 552. DE MALO. Of illness. This phrase was frequently used to designate several spe cies of essoin, (q. ©.,) such as de malo lecti,

DB INOFFICTOSO TESTAMENTO. Concerning an inofficious or undutiful will. A title of the civil law. Inst. 2, 18. DE INTEGRO. Anew; a second time. As it was before. DE INTRUSIONS. A writ of intru sion ; where a stranger entered after the death of the tenant, to the injury of the reversioner. Reg. Orig. 2336. DE JACTURA EVITANDA. For avoiding a loss. A phrase applied to a de fendant, as de lucro captando is to a plaintiff. 1 Litt. (Ky.) 51. DE JUDAISMO, STATUTUM. The name of a statute passed in the reign of Ed ward I., which enacted severe and arbitrary penalties against the Jews. DE JUDICATO SOLVENDO. For payment of the amount adjudged. A term applied in the Scotch law to bail to the ac tion, or special bail. DE JUDICIIS. Of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, seventh, eighth, ninth, tenth, and eleventh books. See Dig. prooem. § 3. DE JUDICIO SISTI. For appealing in court. A term applied in the Scotch and admiralty law, to bail for a defendant's ap pearance. DE JURE. Of right; legitimate; lawful; by right and just title. In this sense it is the contrary of de facto, (which see.) It may also be contrasted with de gratia, in which case it means "as a matter of right," as de gratia means "by grace or favor." Again it may be contrasted with de cequitate; here meaning "by law," as the latter means "by equity." See GOVERNMENT. De jure decimarum, originem ducens de jure patronatus, tune cognitio spec tat at legem civilem, i. e., communem. Godb. 63. With regard to the right of tithes, deducing its origin from the right of the pa tron, then the cognizance of them belongs to the civil law; that is, the common law. DE LA PLUIS BEALE, or BELLE. L. Fr. Of the most fair. A term applied to a species of dower, which was assigned out of the fairest of the husband's tenements. Litt. § 48. This was abolished with the military tenures. 2 Bl. Comm. 132; 1 Steph. Comm. 252.

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