Glossary of Technical Terms, Phrases, and Maxims of the Common Law

/. A distress; the right of distress trained.

I. A distress; a district.

/. (That you distrain.) 1. A sheriff of the county to distrain a defendant's enforce his appearance. 2. A writ to enforce plaintiff in detinue by repeated distresses. 3. K. B. comm

Interference with the enjoyment of some incorporeal hereditament.

Say over; the form of awarding a respondeas ouster.

sc. The matter or charge of an indictment or criminal information. Diversis diebus et vicibus^ I. At different days and times.

I. With a different purpose; by a different process; in another view.

A plea by a prisoner in bar of execution, that he is not the same person who was convicted or attainted; upon which a jury was formally impanelled to try his identity.

An estate, vested in a man or his heirs, may become divested, or cease to be so vested, by conveyance, forfeiture, determination by the terms of the grant, or the order of the cour

non interpretatio est, quae omniiio recedit a litera, I. That is guessing, not interpretation, which altogether departs from the letter.

v. Tenure.

/. A division; a boundary.

I. Severally; separately.

/. A divided empire; a jurisdiction shared by two tribunals.

Divortium, I. The legal separation of husband and wife, by decree of court. Divorce a vinculo matrimonii, (from the tie of marriage): absolute divorce, where the wife has no dower

v. Court, 25, 52. Do, /. I give. V. Dedi. Do, lego: I give and bequeath. Do ut des: I give that you may give. Do ut facias: I give that you may do. Words descriptive, in the civil

A place, near St. Paul's churchyard, where the ecclesiastical and admiralty courts used to be held; courts and offices of the doctors of law who had received a degree from Oxford o

/. Capable of malice; a term applied to a child between the ages of seven and fourteen, who has sufficient understanding to be criminally responsible for his actions, contrary to t

/. Praud; malice. Dolus malus: evil design. Dolus auctoris non nocet successori, nisi in causa lucrativa. the fraud of the author does not affect the successor, except [when he acq

Proc, I. Por Domus procerum, the House of Lords.

domboc, sax. A code of laws; the Dome-book, a code of laws and precedents compiled under King Alfred.

doom, sax. Judgment, sentence. Domesday-book; an ancient survey or inquisition of all the lands in England, taken under William the Conqueror, and preserved in the Exchequer. V. Co

and its permanent location at Westminster. The holding of common pleas was, however, forbidden by the Articula super Chartas in 1290; and the Exchequer became a purely fiscal court

Inferior judges, as in a manor court,

The place of a man's birth.

That which enjoys a servitude, distmct from the servient tenement, which suffers it.

/. A demesne; the demesne lands; a lordship, seigniory; the estate of a free tenant; a church.

I. Ownership; property. Dominium directum: legal ownership; the ownership of a superior lord, as distinguished from that of a vassal; allodial ownership. Dominium - utile: equitabl

/. Lord; master; principal. master of a suit): the party iaterested,

I. v. De. Don,//., Donum, pi. dona, I. A gift. semper suspiciosa: secret gifts are

I. A house; dwelling; home. tutissimum refugium: a man's house

/. To give. Donari videtur conceditur: that is considered a gift compulsion of no law.

I. A gift, grant, donation. (a gift by reason of death): a gift of a person about to die, and which is valid death, coupled with manual or symbo Ucal or some person for him. Donati

v. Advowson. Donator nunquam desinit pqssidere, incipiat possidere, /. The donor until the donee begins to possess.

doun,/r. A gift. Done, grant

I. Until; while.

Properly, a grantor of an estate The party conferring a power. Donee exercising a power, the appointor.

done, dunques, etc., fr. Then. Dont,y>-. TVTiereof, whence, whereby. Doresnavant,/;-. From henceforth.

Partners who have eminens: eminent domain. pendenti: the ownership Dominus litis (the the one having control. domesticated. Domus sua cuique est is his safest refuge. Dona clandest

nunquam moriuntur, I. The laws sometimes sleep, but never die.

I., Dot, /r. 1. A dowry; a ■vroman's marriage portion. 2. Dower. Dos de dote peti non debet: dower ought not to he claimed of dower. Dos rationabilis: reasonable dower. T. Dower. D

In Scotch law, a bond with a penalty. Double costs: the ordinary single costs of a suit, and one half that amount in addition. Double damages: twice the actual damages, as assessed

The life estate which the widow has in her husband's lands on his death; usually one third part of any lands of which he was seised in an estate of inheritance at any time during t

Ad proximum pediatur sentential the next antecedent, unless juris respondent juratores, dent judices: jurymen of law. Ad quern: to which to what injury. A writ the Crown, to see th

A marriage portion; property which the wife brings the husband; dos, dot.

Drawee, v. Bill, III. 4.

droict, dreit,/r. Bight, justice; the law; a writ of right. Droit droit: a double right the right of possession united maandd: the law gives no more than is aslced. Droit ne poet p

Concerning right or title, v. Action.

A term invented to disguise usury. Dry rent: V. rent seek.

abb. Dub., /. It is doubted. Dubitante: doubting. Dubii juris, /. Of doubtful law. Duces tecum; I. (Bring with you.) A term applied to writs where a party summoned to appear in cou

v. Court, 69.

A written acknowledgment of debt without a promise to pay-

/. While. Dum fervet opus (while the work glows): in the heat of action. Dum fuit in prisona (while he was in prison): an old writ of entry to recover lands which a man had aliened

I. Provided that. Dummodo constat de persona: so that it be clear as to the person meant. Duo non possnnt in solido unam rem possidere, /. Two can-

I. (Twelfth hand.) The oath of twelve men.

I. (Double complaint.) A kind of appeal, in an ecclesiastical court, from the ordinary to his superior. Duplex valor marltagli: double the value of the marriage; v. Marriage.

The fault of pleading a double plea.

I. During. Durante absentia, beneplacito, itinere, furore, minore aetate, viduitate, vita, etc.: during absence, good pleasure, the journey, insanity, minority, widowhood, life, et

Courts of County Palatine of. v. Court, 70.

Court of The Court of Fipowders. v. Court, 36.

At common law a person is said to die without issue if his issue fail at any time after or before his death. By statute, and in vrills, the words are construed according to their p

/. With that intent.

A right, vfithout a profit, enjoyed by an owner of land over land held by another; not an estate or interest in the land itself.

In England, begins on the 15th of April and 'ends on the 8th of May.

A royal manor in Kent; mentioned in grants by the King as descriptive of the tenure of free socage.

/. " Let him go thence without day,'' words used in recording judgment for the plaintiff, v. Days.

eavre, ewe, etc.,^. Water.

sax. Open killing; abere murder.

/. A church; a parsonage. Ecclesia ecclesise decimas solvere non debet: the church ought not to pay tithes to the church. Ecclesia non moritur the church does not die. Ecclesiastic

;. Put forth; brought forth; promulgated. E'e,/?-. Abb. for Estre, to be, or este, been. Effractores'A Burglars; housebreakers.

/. The shedding of blood; a mulct therefor. Egetter,/?-, To eject. Hjettement: ejectment.

eglise,/r. Church; a church.

talis, I. I, such a one.

I. Going forth and issuing.

/. A going forth; an issue, exit. Ei incumbit probatio qui dicit, non qui aegat,;. The burden of proof lies upon him who affirms, not him who denies. Eide,/;-. Aid; relief.

eisne,aisne,etc.,/r. The eldest; the first bom. Eignesse, Einecia, I..■ eldership, esnecy.

I. The share of the eldest son. Eins,^. In; in possession. Einsceoque: inasmuch as.

v. Byre. A journey. Eirant: errant, wandering. Bit,/*-. Has.

custodiae, etc. v. Be ejectione, Ejechient.

An action employed to try title to land; originating in the old mixed action of ejectment of farm, wherein a tenant dispossessed recovered his term and damages for the trespass. Th

Ejettement de garde.y?-. v. De ejectione

I. Things cast up by the sea; wreck. Ejus nulla culpa est cui parere uecesse sit, /. No guilt attaches to him who has to obey.

I. Of the same nature. Ejusdem negotii: of the same transaction.

debitoris, /. The creditor or debtor has the election. Electio semel facta non patitur regressum: election made does not admit of recall.

Charitable;

I. (He has chosen.) ments for debt or damages, the defendant's goods to the plaintiff; and if defendant's lands to plaintiff then had actual elegit. The plaintiff facias, which ran

Persons appointed coroner, when they were

Two members of represent each county at large. L. S., Locus sigilli, I. The place for a seal.

Elongare, /., Eloignment of goods they could not be vit: he hath eloigned.

fr. To remove; send away.: removal out of the county of goods so distrained. Elongatus: eloigned. Elongaaward. Emanavit: it issued. fraudulent appropriation to his own use of intru

I. To issue; Embezzlement. The money or property or legally in the master's

The annual sown anew each year; Embler,/r. To sow; to

The offence jury. V. Decies tantum.

I. To make Eminent domain. The public purposes. Emparler,/r. To imparl.

A species which the tenant paid ship of the land, like a Emprompter,y7-. To Emptio et venditio, I. chaser. Emptor emit dit quam ma^mo seller sells for as much, En,/r. In; into. En

/r. Pregnant. Encheson,_/^. Cause;

To take more

endosser,^. Endorsement, v. Endowment. The tion of lands for the vision for collegiate,

To give in fee; Enfranchisement. incorporating a man hold: its conversion