De Audiendo Et Terminando

For hearing and determining; to hear and determine. cases of heinous misdemeanor, trespass, riotous breach of the peace, etc. Reg. Orig 123 et seq.; Fitzh. Nat. Brev. 110 (B). See "Oyer and Terminer." * DE AVERIIS CAPTIS IN WITHERNAM (Lat. for cattle taken in withernam). A writ which lies to take other cattle of the defendant where he has taken and carried away cattle of the plaintiff out of the country, so that they cannot be reached by replevin. Termes de la Ley; 3 Sharswood, Bl. Comm. 149. DE AVERIIS REPLEGIANDI8 (Lat) A writ to replevy beasts. 3 Bl. Comm. 149. DE AVERIIS RETORNANDIS (Lat.forreturning cattle). Used of the pledges in the old action of replevin. 2 Reeve, Hist. Eng. Law, 177. DE BENE ESSE (Lat. formally; conditionally; provisionally). A technical phrase applied to certain acts deemed for the time to be well done, or until an exception or other avoidance. It is equivalent to "provisionally," with which meaning the phrase is commonly employed. For example, a declaration is filed or delivered, special bail is put in, a witness is examined, etc., de bene esse, or provisionally.

For hearing and determining; to hear and determine. The name of a writ, or rather cominission granted to certain justices to hear and determine cases of heinous misdemeanor, trespass, riotous breach of the peace, ete, Reg. Orig. 123, et seq.; Fitzh. Nat. Brev. 110 B. See Over AND TERMINER, DE AVERIIS CAPTIS IN WITHHR«

L. Lat. [L. Fr. de oyer et terminer.] For hearing and determining; to hear and determine. The name of a writ, or rather commission granted to certain justices to hear and determine cases of heinous misdemeanour, trespass, riotous breach of the peace, &c. Reg. Orig. 123, et seq. F. N. B. 110 B. See Oyer and Terminer.