KFLCC Kingdom Law 2nd Ed.

DB MODO DECIMANDI 328

DB PARCO FRACTO

Iff, commanding him to take a moderate amercement of the party. Reg. Orig. 86&; Fitzh. Nat Brev. 75, 76. DE MODO DECIMANDI. Of a modus of tithing. A term applied in English ec clesiastical law to a prescription to have a special manner of tithing. 2 Bl. Comm. 29; 3 Steph. Comm. 130. De molendino de novo ereoto aon jaoet prohibitio. Cro. Jac. 429. A prohibition lies not against a newly-erected mill. De morte hominis nulla est cunctatio longa. Where the death of a human being is concerned, [in a matter of life and death,] no delay is [considered] long. Co. Litt 134. DE NATIVO HABENDO. A writ which lay for a lord directed to the sheriff, com manding him to apprehend a fugitive villein, and restore him, with all his chattels, to the lord. Reg. Orig. 87; Fitzh. Nat. Brev. 77. De nomine proprio non est enrandnm cum in substantia non erretur; quia Bomina mutabilia sunt, res autem im mobiles. 6 Coke, 66. As to the proper name, it is not to be regarded where it errs not in substance, (because names are change able, but things Immutable. De non apparentibus, et non existenti bus, eadem est ratio. 5 Coke, 6. As to things not apparent, and those not existing, the rule is the same. DE NON DECIMANDO. Of not pay ing tithes. A term applied in English ec clesiastical law to a prescription or claim to be entirely discharged of tithes, and to pay no compensation in lieu of them. 2 Bl. Comm. 31. DE NON PROCEDENDO AD ASSI SAM. A writ forbidding the justices from holding an assise in a particular case. Reg. Orig. 221. DE NON RESIDENTIA GLERICI RE GIS. An ancient writ where a parson was employed in the royal service, etc., to ex cuse and discharge him of non-residence. 2 Inst 264. DE NON SANE MEMORIE. L. Fr. Of unsound memory or mind; a phrase syn onymous with non compos mentis. DE NOVI OPERIS NUNCIATIONE. In the civil law. A form of interdict or in junction which lies in some cases where the defendant is about to erect a "new work" (q. v.) in derogation or Injury of the plain tiff's rights. DE NOVO. Anew; afresh; a second time. A venire de novo is a writ for sum

moning a jury for the second trial of a case which has been sent back from above for a new trial. De nullo, quod est sua natura indi visibile, et divisionem non patitur, nul lam partem habebit vidua, sed satis faciat ei ad valentiam. Co. Litt 32. A widow shall have no part of that which in its own nature is indivisible, and is not sus ceptible of division, but let the heir satisfy her with an equivalent De nullo tenemento, quod tenetur ad terminum, fit homagii, fit tamen inde fidelitatis sacrameutum. In no tenement which is held for a term of years is there an avail of homage; but there is the oath of fealty. Co. Litt 676. DE ODIO ET ATIA. A writ directed to the sheriff, commanding him to inquire whether a prisoner charged with murder was committed upon just cause of suspicion, or merely propter odium et atiam, (through ha tred and ill will;) and if, upon the inquisi tion, due cause of suspicion did not appear, then there issued another writ for the sher iff to admit him to bail. 3 Bl. Comm. 128. DE OFFICE. L. Fr. Of office; in virtue of office; officially; in the discharge of or dinary duty. DE ONERANDO FRO RATA FOB TIONE. Writ for charging according to a rateable proportion. A writ which lay for a joint tenant or tenant in common, who was distrained for more rent than his proportion of the land came to. Reg. Orig. 182; Fitzh. Nat Brev. 234, H. DE PACE ET LEGALITATE TENEN DA. For keeping the peace, and for good behavior. DE PACE ET PIiAGIS. Of peace, (breach of peace,) and wounds. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of assault wounding, and breach of the peace. Bract fol. 144; 2 Reeve, Eng. Law, 3a DE PACE ET ROBERIA. Of peace [breach of peace] and robbery. One of the kinds of criminal appeal formerly in use in England, and which lay in cases of robbery and breach of the peace. Bract foL 146; 2 Reeve, Eng. Law, 37. DE PAIiABRA. Span. By word; by parol. White, New Recop. b. 2, tit 19, c 8, | 2. DE PARCO FRACTO. A writ or actios for damages caused by a pound-breach, (g. v.) It has long been obsolete. Co. Litt 47&; 3 Bl. Comm. 146.