A New Law Dictionary and Glossary

Fr. Decease; death. Briti. c. 93.

Lat. [from decedere, q.v.] Departure. SSalk. I2d. See Departure.

Breve. L. Lat. Writ of champerty. A writ directed to the justices of the bench, commanding the enforcement of the statute of champertors. Beg. Orig. 183. F. N. B. 172. See Champert

Breve. L. Lat. Writ of way. A writ for the enforcement of a right of way, {chiminum). A species of quod permittat. Beg. Orig. 155. See Quod permittat. DE CLAMIA ADMITTEND A IN ITI-

Lat. To decide; to determine, or put an end to. Bract, fol. 1 b. To fall, or fall to; to remain to; to escheat. Bract, fol. 84 b. Stat. Quia Emptores, c. 2.

Lat. (Ten times as much.) In English practice. The name of a writ given by the statute 38 Edw.

Lat. A word used in old records for decenna, (q. v.) LL. Ince, cited in Spelman, voc. Decanus.

Lat. [from decern, ten; L. Fr. dismes.] In ecclesiastical law. Tenths. The tenth part of the annual profit of livmgs, or ecclesiastical benefices, formerly 44 ckdmed of the English

Desiner, Desnier. Anglo- Norm, [from Fr. dismier; L. Lat. decen* narius.'] In old English law. One of a decennary, or tithing; a handborow. Spelman. Termes de la ley. See Decennary

Lat. Proclama tion. BracL fol. 366 b.

[L. Lat. narra Ho; and formerly intentio, petitio; L. Fr. counte, entente.] In pleading. A plaintiff's statement in writing, or legal specification on record, of the circumstances

The creation or acknowledgment of a trust. An admission by an individual that a property, the title of which he holds, is held by him as trustee for another. The instrument or writ

In Scotch law. An aetion whereby a party prays something to be declared in his favor. Scotch Diet,

In Scotch law. An action in which the right of the pursuer (or plaintiflF) is craved to be declared, but nothing claimed to be done by the defender (defendant^. Scotch Diet. Erek.

Astatute declaratory of the common law. A statute which, instead of introducing a new law, only declares what is the existing law; and the object of which is to remove doubts which

In pleading. To state a plaintiff's cause of action at law, according to the rules of pleading, and the practice of the court. Declaring mcludes not only the preparation of the pla

Lat. Of close broken; of breach of close. See Clausum fregit.

Breve. L. Lat. Writ for admitting a clerk. The writ of execution in a quare impedit, directed to the bishop, and commanding him to admit the plaintiff's clerk. Otherwise called a w

In English practice. The plea of sanctuary, or of benefit of clergy, before trial or conviction. 2 Hal, P, C. 236. 4 Bl Com, 333. Now abolished. 4 Steph. Com. 400, note. Id, 436, n

Lat. [from decoguere, to waste, break or lose.] In the Roman law. A bankrupt; a spendthrift. Calvin Lex, Jurid,

Lat. Of house burning. One of the kinds of appeal formerly in use in England. Bra/ct. fol. 146 b. 2 Beeves' Hist. 38.

Fr. With horns and with mouth or voice. Words used in describing the ancient hue and cry. Britt. c. 12.

L. Lat. By the common council, (or parliament) of the kingdom. A phrase anciently used in reciting the passage of statutes. Beg. Orig. 16. See Commune concilium. De communi consili

Lat For dividing a thmg held in common. The name of an action given by the civil law. Inst. 4. 6. 20. Id. 4. 11. 5. Bract, fol. 443 b. See Communi dividundo.

Fr. Of common right, that is, by the common law. Co, Litt, 142 a. See Commxm law.

Breve. L. Lat. Writ of account. A writ commanding a defendant to render a reasonable account to the plaintiff, or show cause to the contrary. Beg. Orig. 186—138. F. N. ^.117, E. Th

Lat. Conceming the conflict of laws.

L. Lat. Concerning persons jointly enfeoffed, or seized. The title of the statute 34 Edward I., which was passed to prevent the delay occasioned by tenants in novel disseisin, and

Breve. L. Lat. Writ of cosinage. Beg. Orig. 226. F. N. B. 221 E. See Consanguineus, Cosin, Cosinage.

Breve, h. Lat. Writ of cosinage. Co. Litt 160 a. 1 Beeves* Hist. 363. DE CONSILIO CURI^. L. Lat. By the advice or direction of the court. Brad. fol. 346 b.

^r<w<?. L. Lat. Writ of conspiracy. A writ which lay where two or more persons maliciously and covinously conspired to indict a person falsely, and afterwards he who was indicted w

See Actio de pecunia constituta. DE CONSUETUDINIBUS ET SER-

Breve. L. Lat. Writ to continue an assise. Beg. Grig. 217 b.

Breve. L. Lat. Writ for making contribution. A writ founded on the statute of Marlbridge, (c. 9.,) to compel co-parceners, or tenants in common, to aid the eldest in performing the

Breve. L. Lat. Writ for taking a contumacious A writ which issues out of the Eng- Eerson. sh Court of Chancery, in cases where a person has been pronounced by an ecclesiastical cou

Breve. L. Lat. Writ of covenant. Beg. Orig, 166 — 167.

Breve. L. Lat. Writ for electing a coroner. A writ issued to the sheriflF m England, commanding him to proceed to the election of a coroner, which is done in full county court, {in

Breve. L. Lat. Writ for discharging or removing a coroner. A writ by which a coroner in England may be removed from office for some cause therein assigned. F. N. B. 163, 164. 1 Bl.

Lat Of the body. Bract, fol. 37 b. De corpore suo; from or of his own body. Id. fol. 22 b.

Lat. From the body of the county at large, as distinguished from a particular neighborhood, {de vicineto.) 3 Bl. Com. 360.

Lat. As to the corpus delicti, or substantial fact of a crime having been, committed. Be corpore delicti constare oportebat; i. e. non tarn fuisse aliquem in territorioisto mortuum

Breve. L. Lat. Writ for having a corody. A writ to exact a corody from a religious house. Beg. Orig. 264. F. iV. B. 230. See Corody.

Fr. To cut down; to cut off. L. Fr. Diet, Kelham,

[Lat. decretum.] In practice. The judgment of a court of equity or admiralty, answering to the judgment of a court of common law. A decree in equity is a sentence or order of the c

In Scotch law. The adjudication of the court, after process of arrestment, which entitles the creditor to demand the sum arrested, to be applied for payment of the debt upon which

In Scotch law. The decree, judgment or sentence of a court. See infra. Decreet absolvitor. In Scotch law. A decree dismissing a claim, or acquitting a defendant. 2 Kames" Equity, 3

Lat. In ecclesiastical law. Decretals; the title of the second of the two great divisions of the Corpus Juris Canonici; consisting of the Decretales Qregorii Noni, the Decretales B

[L. Lat. decretcdes.] The title of the second of the two great envisions of the canon law, the first being called the Decree (decretum). See Decrt'tales, Decretum,

Lat. [from decernere, to decree.] In the civil law. A species of imperial constitution, being a judgment or sentence given by the emperor upon hearing of a cause, (quod imperator c

Lat. In the canon law. An ecclesiastical law, in contradistinction to a secular law, (lex.) 1 Mackeld. Civ, Law, 81, § 93, Kaufmann's note. The title of the first of the two great

Lat. Gratian's decree, or decretum, A collection of ecclesiastical law in three books or parts, made in the year 1151, by Gratian, a Benedictine monk of Bologna, being the oldest a

Lat. In Saxon law. A tithing or decennary, otherwise called decenna, decania and decima, (qq. v.) Spelman, voce. Decanus, Friborga, DECURIiE. L. Lat. In old European law. Marks or

5we. L. Lat. Writ for closing a court. A writ, now disused, to compel a party to close or enclose his court, (curia,) or land about his house, where it was left open to the nuisanc

Lat. In the Roman law. A kind of provincial senator. The decuriones were members of a council or senate established in all the great towns in the Roman provinces, constituting a ki

Lat. The office of a decurio. Calv. Lex. Jur. Fhillimore on Domicile 3.

Lat. Of course. Meg. Orig, 29 b, regula. DE CUSTODIA TFRR^ ET H^RE-, DIS, Breve, L. Lat. Writ of ward, or writ of right of ward. A writ which lay for a guardian in knight's service

Breve. L. Lat. Writ for admitting a guardian. Reg. Orig. 93 b, 198.

Breve. L. Lat. Writ for removing a guardian. Reg. Orig. 198.

Fr. From now henceforth. Artie. Sup, Chart, c. 1.

Breve. L. Lat. Writ of debt. Reg. Orig. 139. F. N. B. 119, C —121. DE DEBITORE IN PARTES SECAN- DO. Lat. Of cutting a debtor in pieces. The title of a law in the" Twelve Tables, th

Breve, L. Lat. Writ of deceit, or disceit. A writ which properly lay where one did any thing in the name of another by which the other was damnified and deceived. Reg. Orig. 112.

Dedeinz, Dedinz, Dedenz, Dedens, Dedeines. L. Fr. Within; in. Dedeins la vierge; within the verge. Artic. Sup. Chart. c. 3. Clos dedens mason, ou dedens parkes; shut up in a house,

Lat. [L. Fr. dedire.] In old pleading and practice. To deny. Cro. Jac. 343. Aut dedicit aut cognoscit; he either denies or acknowledges. Bract. fol. 214. Si petens hoc dedicere non

Lat. From day to day. Bract, fol. 206 b.

Lat. I have given and granted. The operative words of conveyance in ancient charters of feoffment, and deeds of gift and grant; the English '• given and granted " being still the m

Lat. (We have given power.) In English practice. A writ or commission issuing out of chancery, empowering the persons named therein to perform certain acts, as to administer oaths

Fr. To deny. Britt c. 16. Dedit; denied. L. Fr, Diet

Lat. To have given and granted, or [that I] hate given and granted. Operative words in ancient charters of feoffment and deeds of grant, the whole commencement running thus: — Omni

Lat. Hath given and granted. Operative words in ancient charters of feoffment and deeds of grant, where the conveyance was by indenture, the whole running thus: Haec indentura, fac

Lat. An inferior kind of freedmen (libertinorum) at one time recognized by the Roman law, being introduced by the Lex ^lia Sentia, but long disused in the time of Justinian, and ex

Lat. Of, or founded upon fraud. See Actio de dolo mala.

Breve. L. Lat. Writ for repairing a house. A writ which anciently lay to compel a man to repair his house, when it threatened to fall (minatur ruinam) to the nuisance of another's

L.Lat. Concerning conditional gifts. The title of the first chapter of the statute of Westminster 2, (13 Edw. I.) commonly called the Statute De Donis, by which fees isimple condit

Breve. L. Lat. Writ for assigning dower. A writ which lay for the widow of a tenant in capite, commanding the king's escheator to cause her dower to be assigned to her. Reg. Orig.

Breve. L. Lat. Writ of dower, whereof she has nothing. A writ, now much disused, which lies for a widow entitled to dower of her husband's land, where no part of it has been assign

Lat. To bring. Deducere rem in judicium; to bring a thing into court; to make it the subject of judicial investigation. Bract fol. 283 b, 376, 431. This expression is taken from th

Deduire. L. Fr. [from Lat. deducere, q. v.] To bring. Dedust, deduist; brought. Kelham, Deduces; brought. Britt fol. 2 b.

A condition expressed in the deed by which it is created, (conditio expressa.) 2 Crabb's Real Prop. 792, § 2127. Bract. fol. 47. A condition annexed by express words to any feoffme

\L,\jsX, factum, charta; L.Fr. fait.l A writing sealed and dehvered by the parties. 2 Bl. Com, 296. 1 Steph, Com. 446. — A writing or instrument written on paper or parchment, seal

or INDENTURE. SL. Lat. carta indentata, or indentura; L. h»/a%t endent,^ In conveyancing. A deed executed or purporting to be executed in parts, between two or more parties, and di

[L. Lat. charta de una parte, factum simplex; L. Fr. fait poll.] In conveyancing. A deed of one part, or executed by one party only, (instead of between parties, and in two or more

Breve. L. Lat. [L. Fr. ejectment de gard.^ Writ of ejectment of ward. A writ which lay where a guardian had been forcibly ejected from his wardship. Reg, Grig. 162.

Breve. L. Lat. Writ of ejectment or ejection of farm. A writ which lay where lands or tenements were let for a term of years, (firma, firm or farm,) and afterwards the lessor, reve

Demster. [from Sax. dema, a judge, or dom, judgment.] A kind of judges, [two judges, according to Spelman,] in the Isle of Man, who decided all controversies without process, writi

Breve. L. Lat. Writ of escheat. A writ which a lord had, where his tenant died without heir, to recover the land. Reg. Orig. 164 b. F. N. B. 143, 144, E.

L. Lat. Of being on a journey. A species of essoin. 1 Reeves' Hist. 119. DE ESSENDO QUIETUM DE THEO-

Breve. L. Lat. Writ of essoin of m^lum lecti. A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in fact sick, or not. Reg. Grig. 8 b. S

Breve. L. Lat. Writ for having estovers. A writ which lay for a wife divorced a m^ensa et thoro, to recover her alimony or estovers. 1 Bl. Com. 441. 1 Lev. 6. 42

^rw«. L.La*. Writ of estrepement. A writ to prevent or stop the commission of waste in lands by a tenant, during the pendency of a suit against him for their recovery * Reg, Grig.

Lat. Of and upon the premises. Cro. Car. 216, 217.

Breve. L. Lat. Writ for taking an excommunicated person. A writ by which the sheriff was commanded to take an excommunicated person, and imprison him in the county gaol, until he w

Breve. L. Lat. Writ of execution of judgment. A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgement. Reg. Grig. 18. F.If. B. 20. 8 Reeves' Hist.

i?*we. L. Lat. Writ of exemplification. A writ granted for the exemplification of an original. Reg. Grig. 290 b. DE EXONERATIONE SECT^, Breve. L. Lat. Writ for exoneration of suit.

Lat. [L. Fr. (f<j/ai7.] Of fact; from, arising out of, or founded on fact; in fact, in deed; in point of fact; actually, really. An ancient phrase still constantly used in law, in

De/ere. L. Fr. To undo; to reverse or set aside; to defeat; [Lat. infectum reddere.'] Kelham.

Fr. Of, or in fact; by wrong, as distinguished from de droit, of or by right. Britt. c. 107. See De facto.

Breve. L. Lat. Writ of false judgment. Reg. Grig. 16. F, N. B, 18. See False judgment.

Lat. Of false money. The title of the statute 27 Edward I., ordaining that persons importing certain coins, called pollards, and crokards, should forfeit their lives and goods, and

Lat. In old English practice. Default. Bract. lib. 5, tr. 3. De defaltis; fol. 364 b. Procedatur contra ipsum ad defaltam; proceedings shall be had against him to default. Id. fol.

[L. Lat. defamatio, diffamatio; from fama, reputation.] The taking from one's reputation. The offence of injuring a person's character, fame or reputation, either by writing or by