Page:Black's Law Dictionary (Second Edition).djvu/339

Rh

Writ of surcharge of pasture. A jntllclal writ which lay for him who was Impleaded in the county court, for surcharging a common with his cattle, in a case nhere he was formerly impleailcd for it in the same court, and the Cause was removed

into one of the courts at Westminster. Reg. Jud 36b. DE TABULIS EXHIBENDIS. Of show-

ing the tablets of a will. Dig. 43. 5.

DE TALLAGIO NON CONCEDENDO. 0! imt alloning talliage The name given to the statutes 25 and 34 Edw. 1., restricting the power of the king to grant talllxige. 2 lnst. 532: 2 Reeve, Eng. Law, 104.

DE TEMII-‘ORE CUJUS CONTRARIUM MEMORIA HOMINUM NON EXISTIT. Frum time whereof the memory of man does not exist to the contrary. Lltt. § 170.

DE TEMPORE IN TEMIPUS ET AD OMNIA TEMPORA. From time to time. and at all times. Townsh. P1. 17.

DE TEMPS DONT MEMORIE NE COURT. L. Fr. From time whereof mem- nr_\' ruuneth not; time out of memory of man. Litt. §§ 143. 145, 170.

DE TESTAMENTIS. OE testaments. The title of the fifth part of the Digests or Pzinfleclsz comprising the twenty-eighth to the thirty-sixth hooks, both inclusive.

DE THEOLONIO. A Writ which lay for
 * 1 person uho nas prevented from taking

toll. Reg. Orig. 103.

DE TRANSGRESSIONE. A writ of trespass. Reg. Orig. 92.

DE TRANSGRESSIONE. AD AU-

DIENDUM ET TERMINANDUM. A Writ or commission for the hearing and determining an; outrage or misdemeanor.

DE UNA PARTE. A deed (la mia parte is one whele only one party grants. gives, or linris himself to do )1 thing to another. It ilifreis from a deed inter glories, (q. 7;.) 2 Bani‘. Inst. no. 2001.

DE UXORE RAPTA ET ABDUCTA. A urlt which lav "here a man's wife had been ravlslied and carried away. A species of writ of trespass. Reg. Orig. 97: Fltzh. .\'at Brev. 8!). 0: 3 Bl. Comm. 130.

DE VASTO. Writ of waste. A writ which might be brought by him who had the immediate estate of inheritance in reversion or remainrler, agaiiist the tenant for life. in dower, by curtesy, or for years, where the latter had committed waste in

DEACON

lands: calling upon the tenant to appeu and show cxiiise why he committed waste and destruction in the place named, to tho disiniierison (aii ezlirm-cilutioiiewi) of the plaintiff. Fitzh. Nat l3rev. 0; ti Bl Comm. 227, 2 . Aholished by St. 3 & 4 Wm. IV. c. 27. 3 Steph. Comm. 506.

DE VENTRE INSPICIENDO. A writ to inspect the body, where :1 woman reign: to be pregnant, to see whether she is with child. It lies for the heir presumptive to ex- amine a widow suspected to be feigning pregnancy in order to enable a supposititious heir to olitain the estate. 1 Bl. Comm. 456; 2 Steph. Comm. 287.

It lay also where a woman sentenced to death pleaded pregnancy. 4 Bl. Comm. 495. This writ has been recognized in America. 2 Chand, Crim. T1‘. 381.

DE VERBO IN VERBUM. word. Bract. fol. word to word.

Word for BSD. Literally, from

DE VERBORUM SIGNIFICATIONE. Of the signification of wnrils. An important title of the Digests or Pauflez-ts. (Dig. 50. 10,) consisting entirely of dufiiiitions of words and phrases used in the Roman law.

DE VI LAICA AMOVENDA. Writ of (or for) removing lay force. A writ which 1'ly where two pm-sous contended for a church, and one of them entered into it with a great numlier of laymen, and held out the other vi ct armis; then he that was holrlen out had this writ (lircrtei] to the sherltt, that he remove the force. Reg. Orig. 59; Fitzh. Nat. Brev. 54, D.

D}: VICINETO. From the neighborhood, or vitinige 3 Bl. Comm. 360. A term applied to a jury.

DE WARRANTIA CHARTE. Writ Of wiirranty of chaitcr. A writ which lay for him viho was enfeoftetl, with f‘ii'llISO of warranty, [in the charter of fcolTineiit.] and was afterwards impleacled in an assise or other action, in which he could not much or call to warranty; in which case he might have this writ against the feoftor, or his heir. to compel him t w.ur'int the land unto him. Reg. Orig. 15i ' Fitzh Nat. Brev. 134. D. Aiiolished by St. 3 & 4 Wm. 1V. (3. 27.

DE WARRANTIA DIEI. A writ that lay where )1 BIELD had a day in any action to appear in proper person, and the king at that day, or before, employed him in some service so that he could not appear at the day in

E

F

G

‘K

court. It was directed to the justices, tint L

they should not record him to be in default for his not appearing. Fitzh. Nat. Brev. 11, A; Termes de la Ley.

DEACON. In ecclesiastical law. A min- ister or seri ant in the church, whose office is