Page:Black's Law Dictionary (Second Edition).djvu/330

Rh

Of house burning. One of the kinds of appeal formerly in use in England Bract. tot 14611; 2 Reeve, Eng. Law, 38.

For dividing a thing held in common. The nnme of an action given by the civil law. Mack- eld. Rom. Law, 5 499.

DE COMON DROIT. L. Fr. right; that is, by the common law. Litt. 14211.

Of common Co.

DE COMPUTO. Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Reg. Orig. 131138; Fitzh. Nut. Brcv 117, E. The foundation of the modern action of account.

DE CONCILIO CUEIE. (or direction) of the court.

By the advice

DE CONFLICTU LEGUM. Concerning the conflict of laws. The title of several works written on that snhject. 2 Kent, Comm. 455.

DE CONJUNCTIIVI FEOFFATIS. Cocnerning persons jointly enfeofifed, or scised The title of the statute 34 Edw. 1., which was passed to prevent the delay occasioned by tenants in novel dlsseisin, and other ‘H rits, pleading that some one else was seised joint- ly with them. 2 Reeve, Eng. uiw, 213.

DE CONSANGUINEO, and DB CON- SANGUINITATE. Writs of cosinoge, (IL '11-)

DE CONSILIO. In old criminal law. Oi‘ counsel; concerning counsel or advice to commit a crime. Fiet.i. llh. 1. c. 31, 5 S.

DE CONSXLIO CURIE. By the advice or direction of the wait. Bract. fol. 34511.

DE CONTINUANDO ASSISAM. Writ to continue on assise. Reg. Orig. 217i).

DE CONTUMACE CAPIENIDO. Wl‘it for taking a contumncious peison A writ which issues out of the English court of chancery, in cases where a person has been pronounced by an ecclesiastical court to be (ontummloiis, and ill contempt. Shelf. Mar. & Div. 494-196, and notes. It is a commit- ment for contempt. Id.

DE COPIA LIBELLI DELIBERANDA. Writ for delivering the copy of a libel. An ancient wi-it directed to the judge or a spiritual court, commanding him to deliver to a defendant a copy of the 1ii)€‘] filed against him in such court. Reg. Orig. 58. The writ in the register is directed to the Dean of the Arches, and his comniissary. Id.

DE COEONATORE ELIGENDO. Writ for electing a coroner. A writ issued to the sheriff in England. commanding him to proceed to the election of a coroner, iihich ll done in full county court, the freelioldei-a heing the electors. Scivcll, Sheriffs, 372.

DE CORONATORE EXONERANDO. Vi/rit for discharging or removing a coi'oner. A writ by which a coroner in England may he removed from orhce for some muse time- in assigned. Fitzh. Nat. Brev. 163, 101; 1 Bl. Comm. 348.

DE CORPORE COMITATUS. From the hody of the county at large, as distinguished from a Imrticulnr neighborhood, (dc m'ci1i(lu.] 3 Bl. Comm. 360. Used with reference to the composition of a jury. State v. l§(-.‘l.l.lD, 34 1iIi_uJ.i. G1, 21 N. W’. 349.

DE COEEODIO HABENDO. Writ for having a corodv. A writ to eract a curarly from a religious house. Reg. Orig. zu. Fitzli. l\'iit. Brei. 230. See COROIJY.

DE CUJIJS. Lat. From whom. A term nscd to designate the person hy, through, from, or under whom another claims. Brent v. New Orleans, 41 IA. Ann. 104.58. 6 South TJ3.

DE CURIA CLAUDENDA. An obmileilu writ. to require a defendant to fence in his court or land about his house, "here it was left open to the injury of his nei:;hhui"a freehold. 1 Ci-ahb, Real Prop. 314; Rust v. Low. 6 Mass. 90.

DE CURSII. Of course. The usual, necessary, and formal proceedings in an H('llUn are said to be de cuisu; as distinguished from Mminiaiw proceedings, or such as are incidental and may be taken on summons or motion. Writs dc cursu are such as are issued of cuurse, as distinguished from prerogative Writs

DE CUSTOIDE ADMITTENDO. Writ

for admitting a guardian. Reg. Orig. 93b. 193.

DE CUSTODE AMOVENDO. Writ for removing fl guardian Reg. Orig. 198.

DE CUSTOIDIA TERRE ET HERE. DIS, Brena. L. Lat. Writ of ward, or iifl of right of ward. A writ which lay for ii guardian in knight's service or in sucnge, to recover the possession and custody of the infant, or the waralshlp of the mm! and heir. Reg. Oi-i:;. lillb: Fitzli. l\'at. Brew. 139. B: 8 Bl. (jomin. 141.

DE DEIBITO. A writ of deht. Reg. Orig. 139.

DE DEBITORE IN PARTIES SEDAN- DO. In Roman law. "Of cutting in debtor