KFLCC Kingdom Law 2nd Ed.

367

DIES

DIGAMA

ance, when all parties appeared in court, and had their appearance recorded by the proper of ficer. Wharton.—Dies cedit. The day be gins ; dies venit, the day has come. Two ex pressions in Roman law which signify the vest ing or fixing of an interest, and the interest be coming a present one. Sandars' Just. Inst. (5th Ed.) 225, 232.—Dies communes in banco. Regular days for appearance in court; called, also "common return-days." 2 Reeve, Eng. Law, 57.—Dies datns. A day given or allow ed, (to a defendant in an action;) amounting to a continuance. But the name was appropriate only to a continuance before a declaration fil ed ; if afterwards allowed, it was called au "imparlance."—-Dies datns in banco. A day given in the bench, (or court of common pleas.) Bract, fols. 2576, 361. A day given in bank, as distinguished from a day at nisi prius. Co. Litt. 135.—Dies datns partibns. A day giv en to the parties to an action; an adjournment or continuance. Crabb, Eng. Law, 217.—Dies datns prece partinm. A day given on the g rayer of the parties. Bract tol. 358; Gilb. bmm. PL 41; 2 Reeve, Eng. Law, 60.—Dies dominions. The Lord's day; Sunday.—Dies excrescens. In old English law. The added or increasing day in leap pear. Bract, fols. 359, 3596.—Dies fasti. In Roman law. Days on which the courts were open, and justice could be legally administered; days on which it was lawful for the praetor to pronounce (Tart) the three words, "do," "dico," "addico." Mack eld. Rom. Law, § 39, and note; 3 Bl. Comm. 424, note; Calvin. Hence called "triverlial days," answering to the dies juridici of the Eng lish law.—Dies feriati. In the civil law. Holidays. Dig. 2, 12, 2, 9.—Dies gratise. In old English practice. A day of grace, cour tesy, or favor. Co. Litt 1346. The quarto die {>ost was sometimes so called. Id. 13o«.—Dies ntercisi. In Roman law. Divided days; days on which the courts were open for a part of the day. Calvin.—Dies jnridicns. A law ful day for the transaction of judicial or court business; a day on which the courts are or may be open for the transaction of business. Didsbury v. Van Tassell, 56 Hun, 423, 10 N. Y. Supp. 32.—Dies legitimns. In the civil and old English law. A lawful or law day; a term day; a day of appearance.—Dies march is. In old English law. The day of meeting of English and Scotch, which was annually held on the marches or borders to adjust their differences and preserve peace.—Dies nef asti. In Roman law. Days on which the courts were closed, and it was unlawful to administer justice; answering to the dies non juridioi of the English law. Mackeld. Rom. Law, § 39, note.—Dies non. An abbreviation of Dies non juridicus, (q. v.)— Dies non jnridicns. In practice. A day not juridical; not a court day. A day on which courts are not open for business, such as Sundays and some holi days. Havens v. Stiles, 8 Idaho, 250, 67 Pac. 921, 56 L. R, A. 736, 101 Am. St. Rep. 195; State v. Ricketts, 74 N. C. 193.—Dies pacis. (Day of peace.) The year was formerly divided into the days of the peace of the church and the days of the peace of the king, including in the two divisions all the days of the year. Crabb, Eng. Law, 35.—Dies Solaris. In old English law. A solar day, as distinguished from what was called "dies lunaris" (a lunar day;) both composing an artificial day. Bract, fol. 264. See DAY.—Dies soils. In the civil and old English law. Sunday, Oiterally, the day of the sun.) See Cod. 3, 12, 7.—Dies nti les. Juridical days; useful or available days. A term of the Roman law, used to designate those especial days occurring within the limits of a prescribed period of time upon which it was lawful, or possible, to do a specific act Dies dominions non est jnridicns. Sun day is not a court day, or day for judicial

proceedings, or legal purposes. Co. Litt 135a; Noy, Max. 2; Wing. Max. 7, max. 5; Broom, Max. 21. Dies inceptns pro oompleto nabetnr. A day begun is held as complete. Dies incertns pro oonditione habetnr. An uncertain day is held as a condition. DIET. A general legislative assembly is sometimes so called on the continent of Eu rope. In Scotch, practice. The sitting of a court. An appearance day. A day fixed for the trial of a criminal cause. A criminal cause as prepared for trial. DIETA. A day's journey; a day's work; a day's expenses. DIETS OF COMPEARANCE. In Scotch law. The days within which parties in civil and criminal prosecutions are cited to ap pear. Bell. DIETJ ET MON DROIT. Fr. God and my right The motto of the royal arms of England, first assumed by Richard I. DIEU SON ACTE. L. Fr. In old law. God his act; God's act An event beyond human foresight or control. Termes de la Ley. DIFFACERE. To destroy; to disfigure or deface. DIFFERENCE. In an agreement for sub mission to arbitration, "difference" means disagreement or dispute. Fravert v. Fesler, 11 Colo. App. 387, 53 Pac. 288; Pioneer Mfg. Co. v. Phoenix Assur. Co., 106 N. O. 28, 10 S. E. 1057. Difficile est nt nnns homo vicem dnor urn snstineat. 4 Coke, 118. It is difficult that one man should sustain the place of two. DIFFICULT. For the meaning of the phrase "difficult and extraordinary case," as used in New York statutes and practice, see Standard Trust Co. v. New York, etc., R. Co., 178 N. Y. 407, 70 N. E. 925; Fox v. Gould, 5 How. Prae. (N. Y.) 278; Horgan v. McKenzie (Com. PI.) 17 N. Y. Supp. 174; Dyckman v. McDonald, 5 How. Prac. (N. Y.) 121. rec tum, to deny justice to any one, after having been required to do it DIGAMA, or DIGAMY. Second mar riage; marriage to a second wife after the death of the first, as ">bigamy," in law, is having two wives at once. Originally, a man who married a widow, or married again after the death of his wife, was said to be guilty of bigamy. Co. Litt 406, note. DIFFORCIARE. In old English law. To deny, or keep from one. Difforciare