De Procedendo Ad Judicium

A writ proceeding out of chancery and ordering the judges of any court to proceed to judgment 3 Bla. Com. 109. DE PROPRIETATE PROBANDA (Lat for proving property). A writ which issues in a case of replevin, when the defendant claims property in the chattels replevied and the sheriff makes a return accordingly. The writ directs the sheriff to summon an inquest to determine on the validity of the claim; and, if they Bnd for the defendant, the shertiff is not concluded by such finding; he may come into the court and traverse it. Hanim. N. P. 450. This writ has been superseded in England by the "summons to interplead;" in Pennsylvania and Delaware the "claim property bond" is a convenient substitute for the old practice, and similar to this is the practice under the New York Code. Morr. Repl. 304. It was pointed out in Weaver v. Lawrence, 1 Dall. (U. S.) 156, 1 L. Ed. 79, that in England there were two kinds of replevin — when the writ issued out of chancery, and under the statute of Marl bridge, which enabled the sheriff to replevin without a writ; in the latter case the writ de proprictate probanda issued at once on claim of property being presented and was tried by inquest; if the finding was for defendant, the sheriff forbore. In replevin at common law the writ de proprietate probanda did not issue until after return on a plurics writ of replevin and the finding on it for defendant, being only an inquest of office, did not prevent a new replevin. DE QUOTA LITIS (Lat). In Civil Law. A contract by which one who has a claim difficult to recover agrees with another to give a part, for the purpose of obtaining his services to recover the rest. 1 Duval, n. 201. See Champertv. DE RATIQNABILI PARTE BONORUM (Lat. of a reasonable part of the goods). A writ, long since obsolete, to enable the widow and children of a decedent to recover their proper shares of his personal estate. 2 Bla. Com. 492. The writ is said to be founded on the customs of the counties, and not on the common-law allowance. Fitzh. N. B. 122, L. See Custom of London. DE RATIONABILIBUS DIVISIS (Lat for reasonable boundaries). A writ which lies to determine the boundaries between the lands of two proprietors which lie in different towns. The writ is to be brought by one against the other. Fitzh. N. B. 128, M; 3 Reeve, Hist. Eng. Law 48. DE RECTO DE ADVOCATIONE (Lat. of right of advowson; called, also, Ze droit de advocatione). A writ which lay to restore the right of presentation to a benefice, for him who had an advowson, to himself and heirs in fee simple, if he was disturbed in the presentation. Year B. 39 Hen. VI. 20 a; Fitzh. N. B. 30, D. DE REPARATIONE FACIENDA (Lat). The name of a writ which lies by one tenant in common against the other, to cause him to aid in repairing the common property. 8 B. & C. 269. DE RETORNO HABENDO (Lat). The name of a writ issued after a judgment has been given in replevin that the defendant law is pro retorno habcndo. Plaintiff's pledges are also so called. See Morr. Repl.; Replevin. DE SALVA GUARDIA (Lat. of safeguard). A writ to protect the persons of strangers seeking their rights in English courts. Reg. Orig. 26. DE SCUTAGIO HABENDO (Lat of having scutage). A writ which lay in case a man held lands of the king by knight's service, to which homage, fealty, and escuage were appendant, to recover the services or fee due in case the knight failed to accompany the king to the war. It lay also for the tenant in capite, who had paid his fee, against his tenants. Fitzh. N. B. 83, C. DE SECTA AD MO LEN D I N U M (Lat. of suit to a mill). A writ which lieth to compel one to continue his custom of grinding at a mill. 3 Bla. Com. 235; Fitzh. N. B. 122, M; 2 Reeve, Hist. Eng. Law 55. DE SON TORT (Fr.). Of his own wrong. This term is usually applied to a person who, having no right to meddle with the affairs or estate of a deceased person, yet undertakes to do so, by acting as executor of the deceased. See Executors and Administrators. DE SON TORT DEMESNE (Fr.). Of his own wrong. See De Injuria. DE SUPERONERATIONE PASTUR/E (Lat of surcharge of pasture). A writ lying where one who had been previously impleaded in the county court was again impleaded in the same court for surcharging common of pasture, and the cause was removed to Westminster Hall. Reg. Jur. 36 6. DE TALLAGIO NON CONCEDENDO (Lat. of not allowing talliage). The name given to the statutes 25 and 34 Edw. L, restricting the power of the king to grant talliage. Co. 2d Inst. 532; 2 Reeve, Hist. Eng. Law 104. See Talliage. DE UNA PARTE (Lat). A deed de una parte is one where only one party grants, gives, or binds himself to do a thing to another. It differs from a deed inter partes (a. v.). See Deed Poll. DE UXORE RAPTA ET ABDUCTA (Lat of a wife ravished and carried away). A kind of writ of trespass. Fitzh. N. B. 89, O; 3 Bla. Com. 139. DE VENTRE INSPICIENDO (Lat. of inspecting the womb). A writ 'to inspect the body where a woman feigns to be pregnant, to see wliether she is with child. It lies for the heir presumptive to examine a widow suspected to be feigning pregnancy in order to enable a supposititious heir to obtain the estate. 1 Bla. Com. 456; 2 Steph. Com. 287; Cro. Eliz. 556; Cro. Jac. 685; 2 P. Wms. 693; 21 Viner, Abr. 547. There was a like proce- A jury of 12 matrons was Impanelled to decide whether she was quick with child; if so found, sentence was suspended; Archb. Cr. IT. 23d ed. 229. It lay also where a woman sentenced to death pleaded pregnancy'; 4 Bla. Com. This writ has been recognized in America; 2 Chandl. Am. Cr. Tr. 3S1. DE VICINETO (Lar. from the neighborhood). The sheriff was anciently directed in some cases to summon a jury de violin to; 3 Bla. Com. 360. DE WARRANTIA CHART/E (Lat of warranty of charter). This writ lieth properly where a man doth enfeoff another by deed and bindeth himself and heirs to warranty. Now, if the defendant be impleaded in an assize, or in a writ of entry in the nature of an assize, in which actions he can nut vouch, then he shall have the writ af the feoffor or his heirs who made such warranty; Fitzh. N. B. 134, D; Cowell; Tonus de la Ley; 3 Reeve, Hist. Eng. Law 55. Abolished by 3 & 4 Will. IV. c. 27. DE WARRANTIA D I El. A writ which lay for a party in the service of the king who was required to appear in person on a certain day, commanding the justices not to record his default, the king certifying to the fact of such service. Fitzh. N. B. 36.