Days In Bank

In English practice. Days of appearance in the court of common pleas, usually called bancum. They are at the distance of about a week from each other, and are regulated by some festival of the church.

In English Practice. Days of appearance in the court of common pleas, usually called bancum. They are at the distance of about a week from each other, and are regulated by some festival of the church. By the common law, the defendant is allowed three full days in which to make his appearance in court, exclusive of the day of appearance or returnday named in the writ; 3 Bla. Com. 278. Upon his appearance, time is usually granted him for pleading; and this is called giving him day, or, as it is more familiarly expressed, a continuance. 3 Bla. Com. 316. When the suit is ended by discontinuance or by judgment for the defendant, he is discharged from further, attendance, and is said to go thereof sine die, without day. See Continuance.

Stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of Common Bench, or Bench (bank) as it was anciently called. V. Bank; Bench; Dies communes in banco. Days of grace: days, usually three in number, allowed by the custom of merchants, for the payment of bills of exchange and promissory notes, except such as are payable on demand, or, where no time of payment is expressed, beyond the day expressed for payment; three days allowed to persons summoned in the English courts, beyond the day named in the writ, to make their appearance; the last day being called the quarto die post. v. Dies gratia; Quarto die post.

(L. Lat. dies in banco.) Inpractice. Certain stated days in term appointed for the appearance of parties, the return of process, etc., originally peculiar to the court of common bench, or bench, (bank,) as it was anciently called. 3 BI. Comm. 277.

The days in the C. B. on which writs were returnable; V. Bank; also called common days. Days of grace: three days allowed persons summoned in the English courts for appearance, after the return day; the fourth day being the quarto die post. In mercantile law, days (usually three) after the day upon which bi Us or notes are expressed to be payable on the last of which the bill becomes legally due. To go without day: to be dismissed finally from court; v. Continuance. De, /. Of; from; about; out of; concerning; among; for; to. De admensuratione dotis: a writ of Admeasurement of dower, q. V. De admittendo clerico: a writ commanding the bishop to admit the clerk presented by a patron of a Uving who has established his right thereto inquare impedit or darrein presentment. De aetate probanda: a writ to determine whether the heir of a tenant in capile was of full age. De alto et basso: v. Alto. De annuo reditu: a writ to recover an annuity. De apostata capiendo: a writ for the arrest of a person professing some religious order who left his abbey or other residence and wandered about the country. De sirrestandiB bonis ne dissipentur: v. Arrestandis. De averiis replegiandis: a writ to replevy cattle. De audiendo et terminando {fr. oyer et terminer): to hear and determine, v. Assize. De averiis captis in withernamium: v. Capias in withernam. Withernam. De avo: a writ of aiel. De banco: of the bench, of the Court of Common Pleas. De bene del bien estre) dence taken, but whicli is to be xised only upon certain conditions, as if the witness be unable to attend at some future time; also of a verdict found subject to the opiidon of the court, etc. De bonis asportatis: the action, brought for goods carried away, of trespass to personal property. De bonis non: of the goods not [administered], v. Administration. De bonis non amovendis: v. Bonis. De bonis propriis: of his own goods, spoken of a judgment against an executor or administrator to be satisfied from his own property, not de bonis testatoris or intestati, out of the goods of the testator or intestate. De bono gestu: for good behavior; v. Good ahearihg. De bono et malo {Jr. de bien et de mal): 1. For good or evil. 3. The name of a special writ of gaol dehvery. De cartis reddendis: a writ to secure the specific rqtums of deeds; de catallis reddendis: a similar writ for chattels generally. De champertia: a writ to enforce the statute of champerty. De ch imin o: a writ to enforce a right of way. De clauso fracto: of breach of close. De clerico admittendo: v. Be admittendo clerico. De combustione domorum: concerning house-burning, a kiud of appeal; V. Appeal, 2. De computo: v. Compotus. De consanguineo: a writ of Cosinage. De oonsilio: of counsel. De conspiratione: a writ of Conspiracy. De oonsuetudinibus et servitiis: a writ by landlord against tenant to enforce customs and services. De contributione facienda: an old writ to compel coparceners or tenants in common to contribute their share of rents or services. De contumace capiendo: a writ issuing from Chancery to arrest a defendant in contempt of an ecclesiastical court. De conventione: a writ of covenant. De corpore: of the body; v. Corpus. De curia claudenda: a writ directing the defendant to fence in his land. De cursu: of course; v. Writ. De custode admittendo: a writ to admit a guardian; amovendo, to remove one. De custodia terree et hseredis: writ of ward, a writ for a guardian in chivalry or socage to recover the possession of the land and infant heir. De debito: a writ of debt. De die claro (by clear day); by daylight. De die in diem: from day to day. De dolo malo: concerning fraud. De domo reparanda: a writ to compel a man to repair his house when dangerous' to the neighbors. the statute establishing fees tail, 13 Edw. I., st. 1, o. 1. iJ^ dote assignanda: a writ for the widow of a tenant in capite, commanding the King's escheator to assign her dower. De dote unde nihil habet (of dower whereof she has nothing): a writ for a widow commanding the tenant to assign her dower. De ejectione custodiae (for ejectment of ward): a writ for the guardian to recover the ward's land or person. De ejectione firm Ee: a writ to recover damages for ejectment, which lay for a term tenant against the reversioner, remainderman, lessor, or a stranger; v. Ejectment. De escseta: a writ of esckeat. De essendo quietum de tbeolonio: a writ which lay for the burgesses of a town exempt from toll to enforce such right of exemption. De essonio de malo leoti: a writ to authorize an examination into the truth of an essoin of mato lecti. De estoveriis habendis: a writ for a wife divorced a mensa et thoro to recover her alimony or estovers. De estrepaiaento: a writ to prevent estrepement by the tenant during a suit about the possession of land. De et super prsemissis: of and upon the premises. De excommunicato capiendo: a writ to arrest a person excommunicated, now superseded by de contumace capiendo. De executione facienda in Tirithernamium: a writ of execution in withernam, a species of capias in withernam. De exitibus terras: out of the profits of the land. De exoneratione sectse: a writ to privilege the King's ward from suit in all courts lower than the C. B. De facto: in fact, in deed; actual; distinguished from de jure, in law, of right. De feodo: in fee, of fee. De fide et of Bcio judicis non recipitur qusestio, sed de scientia, aive Bit error juris, sive facti: the good faith and honesty of purpose of a judge cannot be questioned, but his decision may be impugned for error either of law or fact. De fine capiendo pro terris: a writ which lay for a juror who had been attainted for giving a false verdict, to obtain release of his person, land, and goods on payment of a fine to the King; v. Attaint. De furto; of theft, a kind of criminal appeal. De futuro: for the future, regarding the future. De gratia: of grace, by favor. De gratia special!, ex certa scientia, et mere motu: of special grace, certain and motion. De haerede deliberando illi him who has custody of the land. De haerede rapto et abducto: a writ for a guardian in chivalry or socage to recover his ward when abducted. De haeretico comburendo: a writ to burn a heretic who had abjured his heresy and agam relapsed. De homine capto in ■withernamium: a writ to take in wi(Aernam him who had led any bondman or bondwoman out of the county, so he or she could not be replevied according to law. De homine replegiando: a writ to replevy a man out of custody, on giving security to the sheriff that he will appear to answer any charge against him. De incremento: of increase; v. Cosls. De idiota inquirendo: a writ to inquire whether a man be an idiot or not. De infirmitate: of infirmity; v. lissom. De ingressu: writ of entry. De injuria sua absque tali causa, or absque residue causae: of liis own wrong without such cause, or without the rest of such cause; a replication, traversing, in general terms, a plea of excuse or justification in an action of tort. De integro: anew; a second time; as it was before. De intrusione: a writ of intrusion.. De jure: of right, by law. De jure communi: at common law. De jure judicesi de facto juratores, respondent: the judges answer as to the law, the jurymen to the fact. De latere: from the side, collaterally. De libertatibus allocandis: a writ for burgesses entitled to certain liberties to enforce their rights. De lunatico inquirendo: a writ to inquire about lunacy; v. Commission, 4. De magna assisa eligenda: a writ to choose the grand assize.

[L. Lat. dies in 5anco.] In practice. Certain stated days in term appointed for the appearance of parties, the return of process, &c., originally peculiar to the Court of Common Bench, or bench (bank) as it was anciently called. 3 BL Com. 277. See Bank, Bench, Dies communes in banco.

Eng. practice, are days of appearance im the court of Common Pleas, usually called bancum. They are the distance of about a week from each other, and are regulated by some festival of the church. 3 Bl.Com. 277.