toris (3 East. 2. 3 Hen. & Munf. Spotswood v. Price, &c.) But if it be brought by or against an executor or administrator for a debt due to or from the testator or intestate, it must be in the detinet only (1 'Esp. N. P. 217, 218. 3 Bl. Com. 156.) But, where the executor makes himself chargeable to the testator's estate, it shall be in the debet and detinet; as where he sells goods of the testator, and brings debt for the money; or takes a bond in his own name, calling himself executor, &c. l'Esp. N. P. 218.

De bonis propriis, ❝ of his own proper goods.”

De bonis testatoris," of the goods of the testator."

Dedimus potestatem, is usually a commission which issues to some persons in the country, giving them power to do some act appertaining to a case in court; as to take depositions, &c. Cow. Int.

De melioribus damnis, is the election given the plaintiff in an action of trespass to take judgment, of the greater damages, where there is judgment against two or more defendants, See 1 Wils. 30.

De novo, 16 anew, over again."

Devastavit, "waste," by an executor or administrator.

Dismes (Decimæ, Lat.) " Tithes." Cow. Int. Comy. Dig. Tit. "DISMES."

Distringas, is of various kinds, and is a writ directed to the sheriff or other officer commanding him to distrain the defendant or delin. quent by his lands and chattels, so that neither he nor any one for him lay hands on them, until another order be received from the court, and that the sheriff or officer answer for the issues, &c. so that the requisition of the writ may be complied with. See Reg. Brev. 92. a. Tidd.

Prac. F. (Riley's edit.) 22, 23, 183, 184, 257, 274, 275.
Droit, "right." T. L. 315.

Duces tecum. See Subpana duces tecum.

Durante absentia, is the granting administration during the absence of the executor. 2 Bl. Com. 503.

Durante minore atate, is the granting administration during the minority of the executor. 2 Bl. Com. 503.

E

Eigne (Fr.)" the eldest, or first born." T. L. 320.

Flegit, a writ of execution by which the sheriff is to deliver all the defendants goods, by appraisement of a jury (except oxen and beasts of the plough) and half his lands to the plaintiff, in satisfaction of his debt. 3 Bl. Com. 418. See particularly Tidd. Prac. 938. &c. Tidd. Prac. F. (Alb. edit.) 223.

Emblements, the annual profits of land. See 2 Bl. Com. 122. 403. Co. Lit. 55. a. b.

Escrow, is a deed delivered to a third person, to be the deed of the party, upon a future condition. T. L. 350.

Estoppel, is when a person is concluded and forbidden in law to speak against his own act. T. L. 356.

Estreat, of a recognizance, is to extract or take it out from among the other records, for the purpose of sueing upon it, when forfeited. 4 Bl. Com. 253.

Exigent, or exigi fucias, is a writ which issues previously to an outlawry, and commands the sheriff to proclaim the defendant at five county courts It lies in actions personal, where the defendant cannot be found, nor hath any thing within the county whereby he can be attached or distrained (T. L. 367. 3 Bl. Com. 283.) In an indictment for felony the exigent shall issue after the first capias; and so after a capias ad satisfaciendum, and every capias which goes forth after judg ment (T. L 367.) So, it may issue in case of misdemeanors. See 4 Bl. Com. 319. Tidd. Prac. 127, &c.

Exoneretur, the entry of a discharge of the bail, on the bail piece. See Tidd. Prac. 241.

Ex officio, is so called from the power which an officer has, by virtue of his office, to do certain acts, without being particularly applied to. Ex parte, an act done, or proceeding had by one party only.

Ex post facto laws, properly so called, is when after an action (indifferent in itself) is committed, the legislature then for the first time declares it to be a crime, and inflicts punishment on the person who committed it. 1 Bl. Com. 46.

Extinguishment, of rent, is where the lord purchases the tenancy out of which the rent issues. Gilb. Rents 149.

F.

Faculty, is a word often used in the old statutes, and signifies a privilege or special dispensation. T.L. 373.

Feigned issue, is usually directed by the court of chancery to try some disputed fact by a jury. It is called a feigned issue, because, in form, the parties try the point by charging that a wager was laid, &c. See 3 Bl. Com. 452. Tidd Prac. F. (Riley's edit.) 172.

Felo de se, "a felon of himself.”

Feme covert, a married woman.
Feme sole, a single woman.

Fera natura, animals of a wild nature, in which a person cannot have an absolute, but only a qualified property. 2 Bl. Com. 390.

Fieri Facias, is an execution against the goods and chattels ; so called from the initial words in the writ, while all the proceedings were in Latin. 3 Bl. Com. 417.

Forma pauperis, "in the form of a poor person," is where a person being too poor to bear the expences of a law suit is permitted by the court to prosecute free from expence. 1 Rev. Code 238.

Formedon (forma donationis) is a writ which lies for the heir, reversioner, or remainder man of tenant in tail; and is called a writ either in the descender, remainder or reverter. See T. L. 398.

G.

Garnishment (Garnir, Fr.) is a term used in an action of detinue, when the defendant says that the property was delivered to him by the plaintiff and another upon certain conditions; and therefore prays that that other may be warned to plead with the plaintiff; a writ of

scire, facias shall go against the plaintiff; and this petition of the defendant is called praying garnishment; and the other when he comes shall plead with the plaintiff, and that is called interpleader. T. L. 416. Cow. Int.

H.

Habendum, is that part of a deed which ascertains what estate is granted by it. 2 Bl. Com. 298.

Habere facias siesinam, is an execution for the possession of a freehold. If it be a chattel interest, and not a freehold, the writ is a habere facias possessionem. 3 Bl. Com. 412.

Hosteler, an inn-holder. T. L. 448.

Hustings (Hustingum, Hustingua law Lat. Hus, a house, and things, causes or pleas, Saxon. 4 Inst. 247) is the highest court held in London by the mayor and aldermen; and the same term has been extended to the courts of other corporate towns.

I.

T. L. 450.

Imparlance (licentia loquendi, abbreviated li. lo.) is the time allowed to plead. See 3 Bl. Com. 299. Tidd. Prac. (Riley's edit.) 417. In esse, in being."

Innuendo, is a word used in legal proceedings (especially in actions for slander) to ascertain the meaning of any doubtful word or expression, by averring that the sense appropriated to it, is its true meaning. See 3 Bl. Com. 126. 1 Term Rep. 63.

Insimul computassent ("that they had accounted together") is a count used in a declaration, in assumpsit, upon an account stated between the plaintiff and defendant. 3 Bl. Com. 164.

Instanter, "immediately." But, in England, a rule to plead instanter, means within twenty-four hours. Tidd. Prac. (Riley's edit.) 508, note (y).

Interpleader, is, when in the progress of a cause it becomes necessary to discuss the right of some other party, before the principal cause can be determined. The parties are said then to interplead. It is a proceeding usual in both courts of equity and of law; and in the latter chiefly confined to actions of detinue. See 3 Bl. Com. 448. Mit. Plead. 125. T. L. 385. Rast. Ent. 213.

Issues. An issue is the end of pleading (3 Bl. Com. 314.) Issues are the profits of the defendants lands taken on a distringas. 3 Bl. Com.

280.

J.

Jeofail, is compounded of the French J'ay faille, that is ego lapsus sum, "I have failed," and signifies an oversight in pleading, or other faw proceedings. Cow, Int.

Journies....accounts (dieta computata) is a term used for renewing a

suit within a reasonable time after it has abated by death. See T. L. 468. 6 Co. 9, b. Tidd. Prac. (Riley's edit.) 267.

L.

Laches, "Negligence."

Levant and Couchant, are terms applied to cattle, that have been so long on the ground of another, that they have lain down and are risen again to feed; which in general is supposed to have been a day and a night. 3 Bl. Com. 9.

Levari facias, is a writ of execution, commanding the sheriff to levy a sum of money upon the lands, tenements and chattels of a person who has forfeited a recognizance (T. L. 479.) It is also founded on judgments generally; and affects the goods and profits of a man's land, whereby the sheriff may seize all his goods, and receive the rents and profits of his lands, till satisfaction be made to the plaintiff (3 Bl. Com. 417.) It is also a proper process after the returns of the writ of capias utlegatum. Tidd. Prac. 136-7.

M.

Mainour (Manier, Fr.) When a thief is taken with the thing stolen in his hand, in manu, he is said to be taken with the manour. 4 Bl. Com. 307. Cow. Int.

Mandamus, is a writ of an extensively remedial nature; and in general, it may be defined to be a writ issuing from a superior court, commanding the judges of an inferior court to do justice according to the powers of their office, whenever the same is delayed. 3 Bl. Com. 110.

Mensa et thoro. A divorce a mensa et thoro, is a separation from "bed and board," as it is technically called. 1 Bl. Com. 440.

Melius inquirendum, is a writ which issues for a further or better inquiry, after an inquisition returned, on which it is suggested the valuation was too low. See Tidd. Prac. 136-7.

Mesne, "intermediate."

Misnosmer, a misnaming. 3 Bl. Com. 302.

Mittimus, a warrant from a justice to commit an offender to jail.

4 Bl. Com. 300.

Mollitur manus imposuit, is a plea of justification in an action of trespass, assault and battery, that the defendant gently laid his hands on the plaintiff. 3 Bl, Com. 121.

Monstrans de droit, "a manifestation of right." See 3 Bl. Com. 256.

N.

Ne exeat, &c. A writ issuing out of the court of chancery to restrain a person from going out of the state. Mit. Plead. 46.

Negative pregnant, in pleading, is when the defendant pleads a negative plea, which is not so special, but that it includes also an affirmative: as if a man be charged with doing an act on a particular day, &c.

and he pleads that he did not do it in manner and form as stated in the declaration, it may be implied that he did it in some other manner, &c. T. L. 511.

Nil debet," he owes nothing." The proper plea to an action of debt on simple contract. Tidd. Prac. 593.

Nil dicit, is a failing by the defendant, after appearance, to plead to the plaintiff's declaration; whereupon judgment is entered against him, because he saith nothing. T. L. 514.

Nil habuit in tenementis, is a plea in an action of debt for rent, that the plaintiff hath nothing in the tenement. 'Esp. N. P. 232.

Nolle prosequi, is a voluntary relinquishment of a prosecution, by the attorney for the commonwealth. It is also an acknowledgment by the plaintiff, in a civil action, that he will not further prosecute his suit, as to the whole or a part of the cause of action; or where there are several defendants, against some or one of them. See Tidd. Prac. 630, and the cases there cited.

Nomine pæne, is a penalty incurred for the non-payment of rent, and the like, at the day appointed by the lease or agreement for payment thereof. 2 Lill. Prac. Reg. 283. Hob. 82.

Non assumpsit, is the plea of the general issue, in an action of indebitatus assumpsit, whereby the defendant saith that he did not assume. See Tidd. Prac. 591, as to what may be given in evidence under this plea.

Non assumpsit infra quinque annos, is the plea of the statute of limitations, that the defendant did not assume within five years.

Non compos mentis, a person of unsound mind.

Non culpabilis, "not guilty." The plea of the general issue, in trespass vi et armis, or on the case. 3 Bl. Com, 305.

Non damnificatus, is a plea to an action of debt upon a bond, with condition to save the plaintiff harmless; in which the defendant may plead that the plaintiff is not damnified. But if the condition be to discharge the plaintiff, &c. then the manner of discharging him, &c. ought to be specially pleaded. 2 Lill. Prac. Reg. 286.

Non demisit, a plea in an action of debt for rent, on a parol lease, that the plaintiff did not demise the premises to the defendant. Tidd. Prac.

595.

Non detinet, the general issue in an action of detinue, that the defendant did not detain. Sela. N. P. 596.

Non est factum, is a plea to an action of debt on a bond or deed, which is void (and not merely voidable) or which was never executed by the defendant. Whereupon he may plead " it is not his deed." 3 Bl. Com, 305. 2 Lill. Prac. Reg. 288.

Non est inventus, is the sheriff's return to a writ when the defendant is not found within his bailiwick.

Non infregit conventionem, is when the defendant, to an action of covenant, pleads that he hath not broken the covenant. But it is generally a bad plea. Tidd. Prac. 593. 8 Term Rep. 278.

Nonpros....Nonsuit, is indifferently used, where the plaintiff does not prosecute his suit with effect; or, upon trial refuses to stand a verdict. He is then said to be nonpros'd or nonsuited, from the words formerly