Blacks Law Dict. 1st ed

DE PLAGIS ET MAHEMIO

DE NON PROCEDENDO, ETC.

330

of the land came to. Keg. Orig. 182; Fitzh. Nat. Brev. 234, H. DE PACE ET LEGALITATB TENENDA. For keeping the peace, and for good behavior. DE PACE ET PLAGIS. Of peace, (breach of peace,) and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault, wounding, and breach of the peace. Bract, fol. 144; 2 Reeve, Eng. Law, 33. DE PACE ET ROBERIA. Of peace [breach of peace] and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bract, fol. 146; 2 Reeve, Eng. Law, 37. DE PALABRA. Span. By word; by parol. White, New Recop. b. 2, tit. 19, c. 3, §2. DE PARCO FRACTO. A writ or ac tion for damages caused by a pound-breach, (q. v.) It has long been obsolete. Co. Litt. 476; 3 Bl. Comm. 146. DE PARTITIONS FACIENDA. A writ which lay to make partition of lands or tenements held by several as coparceners, tenants in common, etc. Reg. Orig. 76; Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142. DE PERAMBULATIONE FACIEN DA. A writ which lay where there was a dispute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and lawful knights of his county and make the perambulation and set the bounds and limits in certainty. Fitzh. Nat. Brev. 309, D. DE PIGNORE SURREPTO FTJRTI, ACTIO. In the civil law. An action to re cover a pledge stolen. Inst. 4, 1,14. DE PIPA VINT CARIANDA. A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks on the case of Coggs v. Barnard. Jones, Bailm. 59. DE PLACITO. Of a plea; of or in an action. Formal words used in declarations and other proceedings, as descriptive of the particular action brought. DE PLAGIS ET MAHEMIO. Of wounds and mayhem. The name of a crim inal appeal formerly in use in England, in

DE SON PROCEDENDO AD AS 8ISAM. A writ forbidding the justices from holding an assise in a particular case. Beg. Orig. 221. DE NON RESIDENTIA CLERICI REGIS. An ancient writ where a parson was employed in the royal service, etc., to excuse and discharge him of non-residence. 2 Inst. 264. DE NON SANE MEMORIE. L. Fr. Of unsound memory or mind; a phrase syn onymous with non compos mentis. DE NOVI OPERIS NUNCIATIONE. In the civil law. A form of interdict or in junction which lies in some cases where the defendant is about to erect a "new work" {q. v.) in derogation or injury of the plain tiff's rights. DE NOVO. Anew; afresh; a second time. A venire de novo is a writ for sum moning a jury for the second trial of a case which has been sent back from above for a new trial. De nullo, quod est sua natura indi visibile, et divisionem non patitur, nullam partem habebit vidua, sed sat isfaciat ei ad valentiam. Co. Litt. 32. A widow shall have no part of that which in its own nature is indivisible, and is not sus ceptible of division, but let the heir satisfy her with an equivalent. De nullo tenemento, quod tenetur ad terminum, fit homagii, fit tamen inde fldelitatis sacramentum. In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty. Co. Litt. 676. DE ODIO ET ATIA. A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (through hatred and ill will;) and if, upon the inquisi tion, due cause of suspicion did not appear, then there issued another writ for the sheriff to admit him to bail. 3 Bl. Comm. 128. DE OFFICE. L. Fr. Of office; in vir tue of office; officially; in the discharge of or dinary duty. DE ONERANDO PRO RATA POR TIONE. "Writ for charging according to a rateable proportion. A writ which lay for a joint tenant, or tenant in common, who was distrained for more ient than his proportion

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