KFLCC Kingdom Law 2nd Ed.

DE DEBITORE IN PARTES

323

DE ESTOVERIIS HABENDI8

DE DOTE ASSIGNANDA. Writ for as signing dower. A writ which lay for the widow of a tenant in capite, commanding the king's escheater to cause her dower to be assigned to her. Reg. Orig. 297; Fitzh. Nat. Brev. 263, C. DE DOTE UNDE NIHIL HABET. A writ of dower which lay for a widow where no part of her dower had been assigned to her. It is now much disused; but a form closely resembling it is still sometimes used in the United States. 4 Kent, Comm. 63; Stearns, Real Act. 302; 1 Washb. Real Prop. 230. DE EJEGTIONE CUSTODIES. A writ which lay for a guardian who had been forcibly ejected from his wardship. Reg. Orig. 162. DE EJECTIONE FIRM^. A writ which lay at the suit of the tenant for years against the lessor, reversioner, remainder man, or stranger who had himself deprived the tenant of the occupation of the land dur ing his term. 3 Bl. Comm. 199. By a gradual extension of the scope of this form of action its object was made to include not only damages for the unlawful detainer, but also the possession for the remainder of the term, and eventually the possession of land generally. And, as it turned on the right of possession, this involved a determi nation of the right of property, or the title, and thus arose the modern action of eject ment. DE ESC2ETA. Writ of escheat. A writ which a lord had, where his tenant died with out heir, to recover the land. Reg. Orig. 1646; Fitzh. Nat Brev. 143, 144, E. DE ESCAMBIO MONETiE. A writ of exchange of money. An ancient writ to au thorize a merchant to make a bill of ex change, (literas carribitoria* facere.) Reg. Orig. 194. DE ESSE IN PEREGRINATIONE. Of being on a journey. A species of essoin. 1 Reeve, Eng. Law, 119. DE ESSENDO QUIETUM DE TOLO NIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat Brev. 226; Reg. Orig. 258&. DE ESSONIO DE MALO LECTI. A writ which issued upon an essoin of malum lecti being cast to examine whether the par ty was in fact sick or not Reg. Orig. 86. DE ESTOVERIIS HABENDIS. Writ for having estovers. A writ which lay for a wife divorced a mensa et thoro, to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Lev. a

in pieces." This was the name of a law contained in the Twelve Tables, the meaning of which has occasioned much controversy. Some commentators have concluded that it was literally the privilege of the creditors of an insolvent debtor (all other means fail ing) to cut his body into pieces and distribute it among them. Others contend tliat the language of this law must be taken figura tively, denoting a cutting up and apportion ment of the debtor's estate. The latter view has been adopted by Montes quieu, Bynkershoek, Heineccius, and Taylor. (Esprit des Lois, liv. 29, c. 2; Bynk. Obs. Jur. Rom. 1. 1, c. 1; Heinecc. Ant. Rom, lib. 3, tit. 30, § 4; Tayl. Comm. in Leg. Decemv.) The literal meaning, on the other hand, is advocated by Aulus Gellius and other writers of antiquity, and receives support from an expression (senwto omni oruc&atu) in the Roman code itself. (Aul. Gel. Noctes Atticae, lib. 20, c. 1; Code, 7, 7, 8.) This is also the opinion of Gibbon, Gravina, Pothier, Hugo, and Niehbuhr. (3 Gib. Rom. Emp., Am. Ed., p. 183; Grav. de Jur. Nat. Gent, et XII. Tab. § 72; Poth. Introd. Pand.; "Hugo, Hist, du Droit Rom. torn, i., p. 233, § 149; 2 Neibh. Hist. Rom. p. 597; 1 Kent, Comm. 523, note.) Burrill. A writ Of deceit which lay against one who acted in the name of another whereby the latter was damnified and deceived. Reg. Orig. 112. DE DEONEBANDA FRO RATA POR TIONIS. A writ that lay where one was distrained for rent that ought to be paid by others proportionably with him. Fitzh. Nat. Brev. 234; Termes de la Ley. DE DIE IN DIEM. From day to day. Bract fol. 2056. DE DIVERSIS REGULIS JURIS AN TIQUI. Of divers rules of the ancient law. A celebrated title of the Digests, and the last in that collection. It consists of two hundred and eleven rules or maxims. Dig. 50, 17. DE DOLO MALO. Of or founded upon fraud. Dig. 4, 3. See ACTIO DE DOLO MALO. DE DOMO REPARANDA. A writ which lay for one tenant in common to com pel his co-tenant to contribute towards the repair of the common property. DE DONIS. Concerning gifts, (or more fully, de donis conditionalibus, concerning conditional gifts.), The name of a celebrated English statute, passed in the thirteenth year of Edw. I., and constituting the first chapter of the statute of Westm. 2, by virtue of which estates in fee-simple conditional (formerly known as "dona conditwnalia") were converted into estates in fee-tail, and which, by rendering such estates inalienable, introduced perpetuities, and so strengthened the power of the nobles. See 2 Bl. Comm. 112. DE DECEPTIONE.