De jure

Rightfully; of right; lawfully; by legal title. Contrasted with de facto (which see).

4 Bla. Com. 77.

Of right: distinguished from de gratia (by favor). By law: distinguished from de cequifate (by equity). The term is variously applied; as, a king or officer de jure, or a wife de jure. A government de jure, but not de facto, is one deemed lawful, which has been supplanted; a government de jure and also de facto is one deemed lawful, which is present or established; a government de facto is one deemed unlawful, but which is present or de facto. Austin, Jur. sec. vi.

336.

See Db Facto. DE LA PLUS BELLE (Fr. of the fairest). A kind of dower; so called because assigned from the best part of the husband's estate. It was connected with the military tenures, and was abolished, with them, by stat.

12 Car. II. cap. 24. Littleton § 48; 2 Bla. Com. 132, 135; Scrib. Dower 18; 1 Washb. R. P. 149, n.

See Dower. In Law French, de la pluis beale. DE LIBERTATIBUS ALLOCANDIS (Lat. for allowing liberties). A writ, of various forms, to enable a citizen to recover the liberties to which he was entitled.

Fitzh. N. B. 229; Reg. Orig. 262.

DE LUNATICO INQUIRENDO (Lat. to inquire as to lunacy). The name of a writ directed to the sheriff, directing him to inquire by good and lawful men whether one therein named is a lunatic or not.

See Hutchinson v. Sandt, 4 Rawle (Pa.) 234, 26 Am. Dec. 127; Den v. Clark, 10 N. J. L. 217, 18 Am. Dec. 417; Hart v. Deamer, 6 Wend. (N. Y.) 497; In re Mc Adams, 19 Hun (N. Y.) 292; In re Kings County Insane Asylum, 7 Abb. N. C. (N. Y.) 425; In re Hill, 31 N. J. Eq. 203.

An inquisition in lunacy proceedings must show that the imbecility of the mind is such as to render the imbecile unfit for the government of himself and his property; In re Lindsley, 44 N. J. Eq. 564, 15 Atl. 1, 6 Am. St. Rep. 913. The English practice is now regulated by the Lunacy Acts (16 & 17 Vict, c 70, and 25 & 26 Vict. c. 86), under which the lord chancellor, upon petition or information, grants a commission in the nature of this writ; 2 Steph. Com. 511. In the U. S. the practice ia similar, and a commission of lunacy is appointed. See Ray's Med. Jur. Ins.; Ordron.

Jud. Asp. Ins. 225; In re Staudermann, 3 Abb. N. C. (N. Y.) 187.

DE MANUCAPTIONE (Lat. of mainprize). A writ, now obsolete, directed to the sheriff, commanding him to take sureties for the prisoner's appearance, — usually called mainpernors— and to set him at large.

Fitzh. N. R 250; 1 Hale, PI. Cr. 141; Coke, Bail d Mainp. c. 10; Reg. Orig. 268 6.

According to its form, it was only available for persons indicted for larceny before the sheriff by inquest of office. DE MEDIETATE LINGU/E. A jury half aliens and half natives. See Jury. DE MEDIO (Lat. of the mesne). A writ in the nature of a writ of right, which lies where upon a subinfeudation the mesne (or middle) lord suffers his under-tenant or tenant paravail to be distrained upon by the lord paramount for the rent due him from the mesne lord..

Booth, Real Act. 136; Fitzh. N. B. 135; 3 Bla. Com. 234; Co. Litt. 100 a.

DE MELIORIBUS DAMNIS (Lat.). Of have been assessed severally against each, he has the choice of selecting the best, as he cannot recover the whole. This is done by making an election de me Horibwa damnis.