Blacks Law Dict. 1st ed

331

DE PLANO

DE RECTO PATENS

•cases of wounding and maiming. Bract, fol. 1446; 2 Beeve, Eng. Law, 34. See AP PEAL. DE PLANO. Lat. On the ground; on a level. A term of the Roman law descrip tive of the method of hearing causes, when the praetor stood on the ground with the suit ors, instead of the more formal method when he occupied a bench or tribunal; hence in formal, or summary. DE PLEGIIS ACQUIETANDIS. Writ for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money at a certain day, where the latter had not paid the money at the ap pointed day, and the surety was compelled to pay it. Reg. Orig. 158; Fitzh. Nat. Erev. 137, C; 3 Reeve, Eng. Law, 65. DE PONENDO SIGILLUM AD EX- <3EPTIONEM. Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit. Reg. Orig. 182. DE POST DISSEISINA. Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by praxipe quod reddat, on default, or reddi tion, was again disseised by the former dis aeisor. Reg. Orig. 208; Fitzh. Nat. Brev. 190. DE PRiEROGATIVA REGIS. The statute 17 Edw. I. St. 1, c. 9, defining the prerogatives of the crown on certain sub jects, but especially directing that the king *hall have ward of the lands of idiots, taking the profits without waste, and finding them necessaries. 2 Steph. Comm. 529. DE PRiESENTI. Of the present; in the present tense. See PER VERBA DE PELSSENTI. DE PROPRIETATE PROBANDA. Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. 3 Bl. Comm. 148; Reg. Orig. 856. DE QTJIBTJS SUB DISSEISIN. An ancient writ of entry. DE QUO, and DE QUIBUS. Of which. Formal words in the simple writ of •entry, from which it was called a writ of entry

"In the quo," or "in the quibus." 3 Reeve, Eng. Law, 33. DE QUOTA LITIS. In the civil law. A contract by which one who has a claim difficult to recover agrees with another to give a part, for the purpose of obtaining his serv ices to recover the rest. 1 Duval, no. 201. DE RAPTU VIRGINUM. Of the rav ishment of maids. The name of an appeal formerly in use in England in cases of rape. Bract, fol. 147; 2 Reeve, Eng. Law, 38. DE RATIONABILI PARTE BONO RUM. A writ which lay for the wife and children of a deceased person against his ex ecutors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 492; Fitzh. Nat. Biev. 122, L. DE RATIONABILIBUS DIVISIS. Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries be tween the lands of persons in different towns, where one complained of encroachment. Reg. Orig. 1576; Fitzh. Nat. Brev. 128, M; Rose. Real Act. 31; 3 Reeve, Eng. Law, 48. DE REBUS. Of things. The title of tne third part of the Digests or Pandects, comprising books 12-19, inclusive. DE REBUS DUBIIS. Of doubtful things or matters. Dig. 34, 5. DE RECORDO ET PROCESSU MITTENDIS. Writ to send the record and process of a cause to a superior court; a species of writ of error. Reg. Orig. 209. DE RECTO. Writ of right. Reg. Orig. 1, 2; Bract, fol. 3276. See WRIT OF RIGHT. DE RECTO DE ADVOCATIONE. Writ of right of advowson. Reg. Orig. 296. A writ which lay for one who had an estate in an advowson to him and his heirs in fee simple, if he were disturbed to present. Fitzh. Nat. Brev. 30, B. Abolished by St. 3 & 4 Wm. IY. c. 27. DE RECTO DE RATIONABILI PARTE. Writ of right, of reasonable part. A writ which lay between privies in blood, as between brothers in gavelkind, or between sisters or other coparceners for lands in fee simple, where one was deprived of his or her share by another. Reg. Orig. 36; Fitzh. Nat. Brev. 9, B. Abolished by St. 3 & 4 Wm. IV. c. 27. DE RECTO PATENS. Writ of right patent. Reg. Orig. 1.

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