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Do Ut Facias

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. I give that you may do; I give- [you], that you may do or make [for me.J A formula in the civil law, under which those contracts were classed, in which one party gave or agreed to give money, in consideration the other party did or performed certain work. Dig. 19. 6. 6. 2 Bl. Com, 444. Do t Un codicem, ut facias mihi scribi digestum; I give you a code, that you may have a digest written (or copied) for me. Bract, fol. 19, The particle ut, in this and the foregoing phrase, is considered as denoting or expressing a consideration; so much, that Blackstone has treated them as forms of consideration. 2 Bl, Com, ub, sup. Strictly, however, ut denotes what the civilians called modus, (qualification); quia being the particle employed to denote what they called causa, which is generally translated consideration, j^roct. fol. 18 b. See Cbnsideration. Causa, Britton calls these phrases or formulae conditions, and repeats them after Bracton; but the passage in the original edition is much corrupted. Britt. c. 36. See Jeo done, DO, DICO, ADDICO. Lat. I give, I say, I adjudge. Three words used in the Roman law, to express the extent of the civil jurisdiction of the praetor. Do denoted that he gave or granted actions, exceptions and judices, (preetor dabat actiones ezeeptiones, judices;) dico, that he pronounced judgment, {diceh&t jus;) addico, that he adjudged the controverted property, or the goods of the debtor, Ac. to the plaintiff.

1 Mackeld, Civ. Law, 187, Kaufmann's note. Id. 24, § 35, note {h).

Calvin Lex. Jur.