Dyvour's Habit
Defined in 4 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Bouvier (1839)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
In Scotch law. A habit which debtors who are set free on a cessio bonorum ai^e obliged to wear, unless in the summons and process of cessio it be libelled, sustained, and proved that the bankruptcy proceeds from misfortune. And bankrupts are condemned_ to submit to the habit, even where no suspicion of fraud lies E E. _ Law Fr. A contraction of et (and). Arisions e homicides. Artie, sup. Chart, c. 17. E volums he; and we will that. Conf. Cart. 25 Edw. L In Latin phrases. A preposition meaning."from" or "out of." It is used only before a consonant; "ex" being used with the same signi^cance before a vowel. E, at the commencement of words having the first syllable En or Em, properly denotes a derivation from the French, as I denotes a derivation from the Latin. Thus, Enclose, Encumber, Endow, Enfranchise, Engross, Enjoin, Enlarge and Enroll are closely formed from the L. Fr. Enclorer, Encomhrer, Endower, Enfranehir, Engrosser, Enjoyndre, Enlarger and Enrouler. On the other hand, Indict, Inform, Infringe, Ingmre follow the L. Lat. Indictare Infer- •nw/re, Infringere and Inqnirere. The orthography, however, has not been uniform. Thus, there seems to have been a tendency, from an early period, to the use of I rather than E, even in words wholly and properly of French origin; as in Imparl, Implead and Imprison, which being derived from the pure L. Fr. Emparler, Empleder and Emprisoner, should properly have been spelled with an E. This may have arisen from the sound of the initial letter, the E being probably pronounced I, as it is at present. Hence we meet, in the old books, with Inr gross, Injoin, Inrol, Intitle, Inlarge, Imploy and Imhezzle, which are no longer used. On the other hand we meet with such words as Encur, Endebted, Endictment, Enfant, Enform, Entermarriage, Enterlining and others, which are equally obsolete. On the whole, the gradual tendency in modern orthography has been to the use of I rather than E, as an initial letter. In a few cases, however, both forms are still employed. Thus, Endorse and Indorse continue to have their respective advocates, although the latter enjoys the support of standard authority. E CONVERSO (Lat.) On the other hand; on the contrary. EA (Saxon). The water or river; also the mouth of a river on the shore between high and low water mark. EA EST ACCIPIENDA INTERPRETATrO, quae vitio caret. That interpretation is to be received which is free from fault. Bac. Max. reg. 3, p. 47. EA INTENTIONE (Law Lat.) With that intent. Held not to make a condition, but a confidence and trust. Dyer, 138b. EA QUAE COMMENDANDI CAUSA IN venditlonibus dicuntur si palam appareant at sales, if they are openly apparent, do no bind the seller. Dig. 18. 43. m.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
In Scotch law. A habit which debtors who are set free on a cessio bonorum are obliged to wear, unless in the summons and process of cessio it be libeled, contained, and proved that the bankruptcy proceeds from misfortune. And bankrupts are condemned to submit to the habit, even where no suspicion of fraud lies against them, if they have been .dealers in an illicit trade. Ersk. Prin. 4, 3, 13.
Defined under Dyvour in Black's Law Dictionary.
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
in Scotland, is a habit which debtors who are set free on a cessio bonorum, are