Durante Absentia

See "Administration." DURANTE BENE PLACITO (Lat. during good pleasure). The ancient tenure of English judges was durante bene placito. 1 Sharswood, Bl. Comm. 267, 342. DURANTE MINORE AETATE (Lat. during the minority). During his minority an infant can enter into no contracts, except those for his benefit. If he should be appointed an executor, administration of the estate vdll be granted, durante minore aetate, to another person. 2 Bouv. Inst, note 1555.

The detention of a vessel. The act of keeping a person against his will, or of withholding the possession of goods or other personal or real property from the owner. Detainer and detention are very nearly synonymous. If there be any distinction, it is perhaps that detention applies rather to the act considered as a fact, detainer to the act considered as something done by some person. Detainer is more frequently used with reference to real estate than in application to personal property. All illegal detainers of the person amount to false imprisonment, and may be remedied by habeas corpus. Hurd, Hab. Corp. 209. A detainer or detention of goods, is either lawful or unlawful; when lawful, the party having possession of them cannot be deprived of it. It is legal when the party has a right to the property, and has come lawfully into possession. It is illegal when the taking was unlawful, as in the case of forcible entry and detainer, although the party may have a right of possession; but in some cases the detention may be lawful, although the taking may have been unlawful; Moore v. Shenk, 3 Pa. 20, 45 Am. Dec. 618. So also the detention may be unlawful although the original taking was lawful: as when goods were distrained for rent, and the rent was afterwards paid; or when they were pledged, and the money borrowed and interest was afterwards paid; or if one borrow a horse, to ride from A to B, and afterwards detain him from the owner, after demand, such detention is unlawful, and the owner may either retake his property, or have an action of replevin or detinue; 1 Chit. Pr. 135. In these and many other like cases the owner should make a demand, and, if the possessor refuses to restore them, trover, detinue, or replevin will lie, at the option of the plaintiff. In some cases the detention becomes criminal although the taking was lawful, as in embezzlement. There may also be a detainer of land; and this is either lawful and peaceable, or unlawful and forcible. The detainer is lawful where the entry has been lawful and the estate is held by virtue of some right. It is unlawful and forcible where the entry has been unlawful and with force, or lawful, if the detainer be by force and against right; as, if a tenant at will should detain with force after the will has determined, he will be guilty of a forcible detainer; 2 Chit. Pr. 238; Com. Dig. Detainer; People v. Rickert, 8 Cow. (N. Y.) 226; People v. Anthony, 4 Johns. (N. Y.) 198; Carpenter v. Shepherd, 4 Bibb (Ky.) 501. See Ladd v. Dubroca, 16 Ala. 421; May v. Luckett, 54 Mo. 437. A forcible detainer is a distinct offence from a forcible entry; People v. Rickert, 8 Cow. (N. Y.) 226. See Forcible Entry.

During absence. In some jurisdictions, administration of a decedent's estate is said to be granted durante ab-sdntia in cases where the absence of the proper proponents of the will, or of an executor, delays or imperils the settlement of the estate.

Defined under Durante in Black's Law Dictionary.

Lat. During absence. 2 Bl. Com. 603. See Administration.