KFLCC Kingdom Law 2nd Ed.

319

DE ARRESTANDO IPSUM

DAYERIA

DE ALTO ET BASSO. Of high and low. A phrase anciently used to denote the ab solute submission of all differences to arbitra tion. Cowell. DE AMBITU. Lat Concerning bribery. A phrase descriptive of the subject-matter of several of the Roman laws; as the Lex Aufidia, the Lex Pompeia, the Lea Tullia, and others. See AMBITUS. DE AMPLIORI GRATIA. Of more abundant or especial grace. Townsh. PI. 18. DE ANNO BISSEXTTLI. Of the bis sextile or leap year. The title of a statute passed in the twenty-first year of Henry III., which in fact, however, is nothing more than a sort of writ or direction to the justices of the bench, instructing them how the extraor dinary day in the leap year was to be reckoned in cases where persons had a day to appear at the distance of a year, as on the essoin de malo lecti, and the like. It was thereby directed that the additional day. should, together with that which went be fore, be reckoned only as one, and so, of course, within the preceding year. 1 Reeve, Eng. Law, 266. Writ of annual pension. An ancient writ by which the king, having a yearly pension due him out of an abbey or priory for any of his chap lains, demanded the same of the abbot or prior, for the person named in the writ Reg. Orig. 2656, 307; Fitzh. Nat Brev. 231 G. DE ANNUO REDITU. For a yearly rent. A writ to recover an annuity, no mat ter how payable, in goods or money. 2 Reeve, Eng. Law, 258. DE APOSTATA CAPIENDO, Breve. Writ for taking an apostate. A writ which anciently lay against one who, having en tered and professed some order of religion, left it and wandered up and down the coun try, contrary to the rules of his order, com manding the sheriff to apprehend him and deliver him again to his abbot or prior. Reg. Orig. 716, 267; Fitzh. Nat. Brev. 233, 234. DE ARBITRATIONE FACTA. (Lat Of arbitration had.) A writ formerly used when an action was brought for a cause which had been settled by arbitration. Wats. Arb. 256. DE ARRESTANDIS BONIS NE DIS SIPENTUR. An old writ which lay to seize goods in the hands of a party during the pendency of a suit to prevent their be ing made away with. Reg. Orig. 1266. DE ARRESTANDO IPSUM QUI FE CUNIAM RECEPIT. A writ which lay for the arrest of one who had taken the DE ANNUA PENSIONE, Breve.

which he is concerned at the assizes, etc Abolished by 5 & 6 Vict. c. 22, § 12. DAYERIA. A dairy. Cowell. DAYLIGHT. That portion of time be fore- sunrise, and after sunset, which is ac counted part of the day, (as distinguished from night,) in defining the offense of bur glary. 4 Bl. Oomm. 224; Cro. Jac. 106. DAYSMAN. An arbitrator, umpire, or elected judge. Cowell. DAYWERE. In old English law. A term applied to land, and signifying as much ar able ground as could be plowed up in one day's work. Cowell. DE. A Latin preposition, signifying of; by; from; out of; affecting; concerning; respecting. DE ACQUIRENDO RERUM DOMINIO. Of (about) acquiring the ownership of things. Dig. 41, 1; Bract lib. 2, fol. 86. DE ADMENSURATIONE. Of admeas urement. Thus, de admensuratione dotis was a writ for the admeasurement of dower, and de admensuratione pasturce was a writ for the admeasurement of pasture. DE ADVISAMENTO CONS1XII NOS TRI. L, Lat With or by the advice of our council. A phrase used in the old writs of summons to parliament. Crabb, Eng. Law, 240. DE 2EQUITATE. In equity. De jure stricto, nihil possum vendicare, de wquitate tatnen, nullo modo hoc ootinet; in strict law, I can claim nothing, but in equity this by no means obtains. Fleta, lib. 3, c. 2, fi 10. DE JESTIMATO. In Roman law. One of the Innominate contracts, and, in effect, a sale of land or goods at a price fixed, (cesti mato,) and guarantied by some third party, who undertook to find a purchaser. DE .STATE PROBANDA. For pror Ing age. A writ which formerly lay to sum mon a jury in order to determine the age of the heir of a tenant in capite who claimed his estate as being of full age. Fitzh. Nat Brev. 257; Reg. Orig. 294. DE AliEATORIBUS. About gamesters. The name of a title in the Pandects. Dig. 11, 5. DE ALLOCATIONS FACTENDA, Breve. Writ for making an allowance. An old writ directed to the lord treasurer and barons of the exchequer, for allowing certain officers (as collectors of customs) in their accounts certain payments made by them. Reg. Orig. 192.