KFLCC Kingdom Law 2nd Ed.

DK ARTE ET PARTE

320

DE BONIS PROPRIIS

king's money to serve In the war, and hid himself to escape going. Reg. Orig. 246. DE ARTE ET PARTE. Of art and part A phrase in old Scotch law. DE ASPORTATIS RELIGIOSORUM. Concerning the property of religious persons carried away. The title of the statute 35 Edward I. passed to check the abuses of clerical possessions, one of which was the waste they suffered by being drained into foreign countries. 2 Reeve, Eng. Law, 157; 2 Inst. 580. (Lat For proroguing assise.) A writ to put off an assise, issuing to the justices, where one of the parties is engaged in the service of the king. DE ATTORNATO RECIPIENDO. A writ which lay to the judges of a court, re quiring them to receive and admit an attor ney for a party. Reg. Orig. 172; Fitzh. Nat Brev. 156. DE AUDIENDO ET TERMINANDO. For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine cases of heinous misde meanor, trespass, riotous breach of the peace, etc. Reg. Orig. 123, et seq.; Fitzh. Nat Brev. 110 B. See OYER AND TERMINER. DE AVERIIS CAPTIS IN WITHER. NAMIUM. Writ for taking cattle in with ernam. A writ which lay where the sheriff returned to a pluries writ of replevin that the cattle or goods, etc., were eloined, etc.; by which he was commanded to take the cattle of the defendant in withernam, (or re prisal,) and detain them until he could re plevy the other cattle. Reg. Orig. 82; Fitzh. Nat Brev. 73, E. F. See WITHERNAM. DE ASSISA PROROGANDA. DE AVERIIS REPLEGIANDIS. A writ to replevy beasts. 3 Bl. Oomm. 149. For returning the cattle. A term applied to pledges given in the old action of replevin. 2 Reeve, Eng. Law, 177. DE BANCO. Of the bench. A term for merly applied in England to the justices of the court of common pleas, or "bench," as it was originally styled. DE BENE ESSE. Conditionally; provi sionally; in anticipation of future need. A phrase applied to proceedings which are tak en ex parte or provisionally, and are allow ed to stand as well done for the present, but which may be subject to future exception or DE AVERIIS RETORNANDIS.

challenge, and must then stand or fall ac cording to their intrinsic merit and regu larity. Thus, "in certain cases, the courts will allow evidence to be taken out of the regular course, in order to prevent the evidence being lost by the death or the absence of the witness. This is called 'taking evidence de bene esse,' and is looked upon as a temporary and conditional ex amination, to be used only in case the witness cannot afterwards be examined in the suit in the regular way." Hunt, Eq. 75; Haynes, Eg. 183; Mitt Eq. PI. 52, 149. For Tood and evil. A phrase by which a party accused of a crime anciently put himself upon a jury, indicating his entire submission to their verdict DE BIENS LE MORT. L. Fr. Of the goods of the deceased. Dyer, 32. DE BIGAMIS. Concerning men twice married. The title of the statute 4 Edw. L St 3; so called from the initial words of the fifth chapter. 2 Inst 272; 2 Reeve, Eng. Law, 142. DE BONE MEMORIE. L. Fr. Of good memory; of sound mind. 2 Inst 510. For goods taken away; for taking away goods. The action of trespass for taking personal prop erty is technically called "trespass de bonis asportatis." 1 Tidd, Pr. 5. An abbreviation of De bonis non administratis, (g. v.) 1 Strange, 34. DE BONIS NON ADMINISTRATIS. Of the goods not administered. When an administrator Is appointed to succeed an other, who has left the estate partially un settled, he is said to be granted "administra tion de bonis non;" that is, of the goods not already administered. Writ for not removing goods. A writ anciently directed to the sheriffs of London, command ing them, in cases where a writ of error was brought by a defendant against whom a judgment was recovered, to see that his goods and chattels were safely kept without being removed, while the error remained un determined, so that execution might be had of them, etc Reg. Orig. 1316; Termes de la Ley. DE BONIS PROPRIIS. Of his own goods. The technical name of a judgment against an administrator or executor to be satisfied from his own property, and not from the estate of the deceased, as in cases where he has been guilty of a devastavit or of a false plea of plene administravit. DE BIEN ET DE MAI.. L. Fr. DE BONIS ASPORTATIS. DE BONIS NON. DE BONIS NON AMOVENDIS.