KFLCC Kingdom Law 2nd Ed.

DE CLERO

DE BONIS TESTATORIS

321

DE BONIS TESTATORIS, or INTES TATI. Of the goods of the testator, orin testate. A term applied to a judgment awarding execution against the property of a testator or intestate, as distinguished from the individual property of his executor or administrator. 2 Archb. Pr. K. B. 148, 149. DE BONIS TESTATORIS ACSI. (Lat From the goods of the testator, if he has any, and, if not, from those of the execu tor.) A judgment rendered where an execu tor falsely pleads any matter as a release, or, generally, in any case where he is to be charged in case his testator's estate is in sufficient 1 Williams' Saund. 336&; Bac. Abr. "Executor," B, 3; 2 Archb. Pr. K. B. 148. DE BONO ET MALO. "Forgood and ill." The Latin form of the law French phrase "De Men et de mal." In ancient criminal pleading, this was the expression with which the prisoner put himself upon a Jury, indicating his absolute submission to their verdict. This wasalso the name of the special writ of jail delivery formerly in use in England, which issued for each particular prisoner, of course. It was superseded by the gen eral commission of jail delivery. DE BONO GESTU. For good behavior; for good abearance. DE CAXCETO REPARANDO. Writ for repairing a causeway. An old writ by which the sheriff was commanded to distrain the inhabitants of a place to repair and maintain a causeway, etc. Reg. Orig. 154. DE CAPITAIiIBUS DOMINIS FEODI. Of the chief lords of the fee. DE CAPITE MINUTIS. Of those who have lost their status, or civil condition. Dig. 4, 5. The name of a title in the Pan dects. See CAPITIS DEMINUTIO. DE CARTIS REDDENDIS. (For restor ing charters.) A writ to secure the delivery of charters or deeds; a writ of detinue. Reg. Orig. 159&. DE CATAIXIS REDDENDIS. (For re storing chattels.) A writ to secure the re turn specifically of chattels detained from the owner. Cowell. Writ to take caution or security. A-writ which anciently lay against a bishop who held an excommunicated person in prison for his contempt, notwithstanding he had offered sufficient security (idoneam cautionem) to obey the commands of the church; com Bi».IiA.w DICT.(2D ED.)—21 DE CAT7TIONE ADMITTENDA. DE CJETERO. Henceforth.

manding him to~ take such security and re lease the prisoner. Reg. Orig. 66; Fitzh. Nat. Brev. 63, O. DE GERTIFICANDO. A writ requir ing a thing to be certified. A kind of cer tiorari. Reg. Orig. 151, 152. DE CERTIORANDO. A writ for cer tifying. A writ directed to the sheriff, re quiring him to certify to a particular fact Reg. Orig. 24. DE CHAMPERTIA. Writ of champer ty. A writ directed to the justices of the bench, commanding the enforcement of the statute of champertors. Reg. Orig. 183; Fitzh. Nat. Brev. 172. DE CHAR ET DE SANK. L, Fr. Of flesh and blood. Affaire rechat de char et de sanJc. Words used in claiming a person to be a villein, in the time of Edward II. Y. B. P. 1 Edw. II. p. 4. DE CHIMINO. A writ for the enforce ment of a right of way. Reg. Orig. 155. DE CIBARIIS UTENDIS. Of victuals to be used. Thetitle of a sumptuary statute passed 10 Edw. III. St 3, to restrain the expense of entertainments. Barring. Ob. St. 240. DE CLAMEA ADMITTENDA IN ITINERE PER ATTORNATUM. See GLAMEA ADMITTENDA, etc. DE CLABO DIE. By daylight Fleta, lib. 2, c. 76, § 8. DE CLATJSO FRACTO. Of close bro ken; of breach of close. See OLATJSUIC FRKGIT. DE CLERICO ADMITTENDO. See ADMITTENDO CLEBICO. DE CIiERICO CAPTO PER STATU TUM MERCATORIUM DELIBERAN DO. Writ for delivering a clerk arrested on a statute merchant. A writ for the deliv ery of a clerk out of prison, who had been taken and imprisoned upon the breach of a statute merchant Reg. Orig. 1476. DE CLERICO CONVICTO DELIB ERANDO. See CLEBICO CONVICTO, etc. DE CLERICO INFRA SACROS OB DINES CONSTITUTO NON ELIGENDO IN OFFICIUM. See CLEBICO INFRA SACBOS, etc. DE CLERO. Concerning the clergy. The title of the statute 25 Edw. III. St 3; con taining a variety of provisions on the sub ject of presentations, Indictments of spir itual persons, and the like. 2 Reeve, Eng. Law, 378.