KFLCC Kingdom Law 2nd Ed.

DE PARTITIONE FACIENDA

329

DE RATIONABILIBUS DIVISI8

was again disseised by the former disseisor. Reg. Orig. 208; Fitzh. Nat. Brev. 190. REGIS. The statute 17 Edw. I., St 1, c. 9, defining the prerogatives of the crown on certain sub jects, but especially directing that the king shall have ward of the lands of idiots, taking the profits without waste, and finding them necessaries. 2 Steph. Comm. 529. DE PRiEROGATIVA DE PROBANDA. Writ for proving property. A writ directed to the sheriff, to inquire of the property or goods distrained, where the defendant in an action of replevin claims the property. S Bl. Comm. 148; Reg. Orig. 856. At common law, a writ which a widow entitled to quarantine might sue out in case the heir or other persons ejected her. It seems to have been a summary process, and required the sheriff, if no just cause were shown against it speedily to put her into posses sion. Aiken v. Aiken, 12 Or. 203, 6 Pac. 682. PROPRIETATE DE QUARANTINA HABENDA. DE QUO, and DE QUIBUS. Of which. Formal words in the simple writ of entry, from which it was called a writ of entry "in the quo," or "in the quibus." 3 Reeve, Eng. Law, 33. DE QUOTA LITIS. In the civil law. A contract by which one who has a claim difficult to recover agrees with another to give a part, for the purpose of obtaining his services to recover the rest. 1 Duval, note 201. DE RAPTU VIRGINUM. Of the ravish ment of maids. The name of an appeal formerly in use in England in cases of rape. Bract fol. 147; 2 Reeve, Eng. Law, 38. DE RATIONABILI PARTE BONO RUM. A writ which lay for the wife and children of a deceased person against his executors, to recover their reasonable part or share of his goods. 2 Bl. Comm. 492; Fitzh. Nat Brev. 122, L; Hopkins v. Wright 17 Tex. 36. DE RATIONABILIBUS D I V I S IS. Writ for fixing reasonable boundaries. A writ which lay to settle the boundaries be tween the lands of persons in different towns, where one complained of encroach ment. Reg. Orig. 1576; Fitzh. Nat Brev. 128, M; Rose. Real Act 31; 3 Reeve, En? Law, 48. DE PRiESENTI Of the present; in the present tense. See PEB VERBA DE PB^ESENTI. DE QUIBUS STJR DISSEISIN. An an cient writ of entry.

DE PARTITIONE FACIENDA. A writ which lay to make partition of lands or tene ments held by several as coparceners, tenants in common, etc. Reg. Orig. 76; Fitzh. Nat. Brev. 61, R; Old Nat. Brev. 142. DE PERAMBULATIONE FACIENDA. A writ which lay where there was a dis pute as to the boundaries of two adjacent lordships or towns, directed to the sheriff, commanding him to take with him twelve discreet and lawful knights of his county and make the perambulation and set the bounds and limits in certainty. Fitzh. Nat Brev. 309, D. DE PIGNORE SUEKEPTO FURTI, ACTIO. In the civil law. An action to re cover a pledge stolen. Inst. 4, 1, 14. DE PIPA VINI CARIANDA. A writ of trespass for carrying a pipe of wine so carelessly that it was stove, and the contents lost. Reg. Orig. 110. Alluded to by Sir William Jones in his remarks on the case of Coggs v. Bernard, 2 Ld. Raym. 909. Jones, Bailm. 59. DE PLACITO. Of a plea; of or in an action. Formal words used in declarations and other proceedings, as descriptive of the particular action brought Of wounds and mayhem. The name of a crim inal appeal formerly in use in England, in cases of wounding and maiming. Bract, fol. 144 b; 2 Reeve, Eng. Law, 34. See APPEAL. DE PLANO. Lat. On the ground; on a level. A term of the Roman law descrip tive of the method of bearding causes, when the praetor stood on the ground with the suit* ors, instead of the more formal method when he occupied a bench or tribunal; hence in formal, or summary. Writ for acquitting or releasing pledges. A writ that lay for a surety, against him for whom he had become surety for the payment of a certain sum of money at a certain day, where the latter had not paid the money at theap pointed day, and the surety was compelled to pay it Reg. Orig. 158; Fitzh. Nat Brev. 137, C; 3 Reeve, Eng. Law, 65. DE PONENDO SIGIIXUM, AD EX CEPTIONEM. Writ for putting a seal to an exception. A writ by which justices were formerly commanded to put their seals to exceptions taken by a party in a suit Reg. Orig. 182. DE POST DISSEISINA. Writ of post disseisin. A writ which lay for him who, having recovered lands or tenements by prae cipe quod reddat, on default or reddition, DE PLAGIS ET MAHEMIO. DE PLEGIIS ACQUIETANDIS.