KFLCC Kingdom Law 2nd Ed.

DE IDENTITATE NOMINIS

326

DE LEPROSO AMOVENDO

the tenant, to the injury of the reversioner. Reg. Orig. 233&. DE JACTURA EVTTANDA. For avoid ing a loss. A phrase applied to a defend ant, as de lucro captando is to a plaintiff. Jones v. Sevier, 1 Litt (Ky.) 51, 13 Am. Dec. 218. DE JUDAISMO, STATUTUM. The name of a statute passed in the reign of Ed ward I. which enacted severe and arbitrary penalties against the Jews. DE JUDICATO SOLVENDO. For pay ment of the amount adjudged. A term ap plied in the Scotch law to bail to the action, or special bail. DE JUDICIIS. Of judicial proceedings. The title of the second part of the Digests or Pandects, including the fifth, sixth, sev enth, eighth, ninth, tenth, and eleventh books. See Dig. prooem. § 3. DE JUDICIO SISTI. For appearing in court. A term applied in the Scotch and admiralty law, to bail for a defendant's ap pearance. DE JURE. Of right; legitimate; law ful ; by right and just title. In this sense it is the contrary of de facto, (which see.) It may also be contrasted with de gratia, in which case it means "as a matter of right," as de gratia means "by grace or favor." Again it may be contrasted with de cequi tate; here meaning "by law," as the latter means "by equity." See GOVERNMENT. De jure declmaxam, originem dncens de jure patronatus, tunc cognitio spec tat at legem, civilem, i. e., commnnem. Godb. 63. With regard to the right of ti thes, deducing its origin from the right of the patron, then the cognizance of them be longs to the civil law; that is, the common law. DE LA PLUIS BEALE, or BELLE. L. Fr. Of the most fair. A term applied to a species of dower, which was assigned out of the fairest of the husband's tenements. Litt. § 48. This was abolished with the military tenures. 2 Bl. Comm. 132; 1 Steph. Comm. 252. DE LATERE. From the side; on the side; collaterally; of collaterals. Cod. 5, 6, 6. DE LEGATIS ET FIDEI COMMISSIS. Of legacies and trusts. The name of a title of the Pandects. Dig. 30. DE LEPROSO AMOVENDO. Writ for removing a leper. A writ to remove a leper who thrust himself into the company of his

DE IDENTITATE NOMINIS. A writ which lay for one arrested in a personal action and committed to prison under a mis take as to his identity, the proper defendant bearing the same name. Reg. Orig. 194. DE IDIOTA INQUIRENDO. An old common-law writ, long obsolete, to inquire whether a man be an idiot or not. 2 Steph. Comm. 509. DE IIS QUI PONENDI SUNT IN AS 6ISIS. Of those who are to be put on as sises. The title of a statute passed 21 Edw. I. defining the qualifications of jurors. Crabb, Eng. Law, 167, 189; 2 Reeve, Eng. Law, 184. DE INCREMENTO. Of increase; in ad ditlor*. Costs de incremento, or costs of in crease, are the costs adjudged by the court in civil actions, in addition to the damages and nominal costs found by the jury. Gilb. Com. PI. 260. DE INFER.MITATE. Of infirmity. The principal essoin in the time of Glanville; afterwards called "de malo." 1 Reeve, Eng. Law, 115. See DE MAI>O; ESSOIN. DE INGRESSU. A writ of entry. Reg. Orig. 227&, et seq. DE INJURIA. Of [his own] wrong. In the technical language of pleading, a repli cation de injuria is one that may be made in an action of tort where the defendant has admitted the acts complained of, but al leges, in his plea, certain new matter by way of justification or excuse; by this replica tion the plaintiff avers that the defendant committed the grievances in question "of his own wrong, and without any such cause," or motive or excuse, as that alleged in the plea, (de injuria sua propria absque tali causa;) or, admitting part of the matter pleaded, "without the rest of the cause" al leged, (absque residue causae.) In form it is a species of traverse, and it is frequently used when the pleading of the defendant, in answer to which it is directed, consists merely of matter of excuse of the alleged trespass, grievance, breach of con tract, or other cause of action. Its com prehensive character in putting in issue all the material facts of the defendant's plea has also obtained for it the title of the gen eral replication. Holthouse. DE INOFFICIOSO TESTAMENTO. Concerning an inofficious or undutiful will. A title of the civil law. Inst 2, 18. DE INTEGRO. Anew; a second time. As it was before. DE INTRUSIONS, A writ of intrusion; where a stranger entered after the death of