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de contumace capiendo (dee kon-tya-may-see kap-ee-en-doh), n. [Law Latin "for arresting a contumacious person"]. A writ issuing out of the Court of Chancery at the request of an ecclesiastical court that has found a person to be in contempt. This writ came into use after the Ecclesiastical Courts Act of 1813 removed ecclesiastical courts' power to excommunicate litigants who failed to comply with a court order. Cf. EXCOMMUNCATO CAPIENDO. "In 1812.the case of Mary Ann Dix a woman not of age, who was imprisoned for two years on a writ de excommunicato capiendo for not paying costs in a suit for defamation-aroused the Legislature. In the following year it was enacted that excommunication should cease to exist as part of the process of the ecclesiastical courts to enforce appearance, and as a punishment for contempt.... [F]or the writ de excommunicato capiendo was substituted the writ de contumace capiendo; and the rules applying to the older writ were made applicable to the new." 1 William Holdsworth, A History of English Law 632 (7th ed. 1956).

de copia libelli deliberanda (dee koh-pee-a li-bel-i di-lib-a-ran-da), n. [Law Latin "for delivering a copy of a libel"]. Eccles. law. A writ ordering an ecclesiastical-court judge (such as the Dean of Arches) to provide the defendant with a copy of the plaintiff's complaint.

de coronatore eligendo (dee kor-a-na-tor-ee el-i-jen-doh), n. [Law Latin "for electing a coroner"]. A writ ordering a sheriff to call an election of a coroner to fill a vacant office. See CORONER (2).

de coronatore exonerando (dee kor-a-na-tor-ee eg-zon-a-ran-doh), n. [Law Latin "for removing a coroner"]. A writ ordering the sheriff to remove a coroner from office for a reason stated in the writ. See CORONER (2). "The coroner is chosen for life: but may be removed, either by being made sheriff, or chosen verderor, which are offices incompatible with the other; or by the king's writ de coronatore exonerando, for a cause to be therein assigned, as that he is engaged in other business, is incapacitated by years or Sickness, hath not a sufficient estate in the county, or lives in an inconvenient part of it." 1 William Blackstone, Commentaries on the Laws of England 336 (1765).

de corpore comitatus (dee kor-pa-ree kom-a-tay-tas). [Law Latin]. From the body of the county. This term was esp. used to distinguish a body of the county at large from a smaller area or de vicineto ("from a neighborhood").

de corrodio habendo (dee ka-roh-dee-oh ha-ben-doh), n. [Law Latin "writ for having a corody"]. A writ to obtain an allowance, esp. of meat or other sustenance, from a religious house for a royal servant living there.

de cujus (dee kyoo-jas or ki-as). [Latin] From whom. This term is used to designate (1) the person by or through whom another claimed something, or (2) the person whose legal position is in issue.

de curia claudenda (dee kyoor-ee-a klaw-den-da), n. [Law Latin "of enclOSing a court"]. A writ ordering a person to build a wall or fence around his or her house to avoid disturbing a neighbor.

de cursu (dee kar-s[y]oo). [Law Latin]. Of course. This term usu. refers to regular, formal proceedings as distinguished from incidental, summary proceedings.

de custode admittendo (dee ka-stoh-dee ad-mi-ten-doh), n. [Law Latin "of admitting a guardian"]. A writ to admit a guardian.

de custode amovendo (dee ka-stoh-dee ay-moh-ven-doh), n. [Law Latin "of removing a guardian"]. A writ to remove a guardian.

de custodia terrae et haeredis (dee ka-stoh-dee-a ter-ee et her-a-dis), n. [Law Latin "of right of ward"]. A writ allowing a guardian in a knight's service to obtain custody of an infant ward.

de debito (dee deb-i-toh), n. [Law Latin "of debt"]. A writ of debt. - Sometimes shortened to debito.

de debitore in partes secando (dee deb-i-tor-ee in pahr-teez si-kan-doh). [Latin "of cutting a debtor in pieces"]. Roman law. The title of a law in the Twelve Tables, meaning either literally to cut a debtor into pieces or merely to divide the debtor's estate. See TWELVE TABLES. "DE DEBITORE IN PARTES SECANDO o.o. [S]ome writers contending for the literal signification, while others have supposed it to be only a figurative expression .... The latter view has been adopted by Montesquieu, Bynkershoek, Heineccius and Taylor .... The literal meaning, on the other hand, is advocated by Aulus Gellius and other writers of antiquity, and receives support from an expression (semoto omni cruciatu) in the Roman Code itself .... This is also the opinion of Gibbon, Gravina, Pothier, Hugo and Niebuhr." I Alexander Burrill, A Law Dictionary and Glossary 432 (2d ed. 1867).

de deceptione (dee di-sep-shee-oh-nee), n. [Law Latin "of deceit"]. A writ available to a party who was deceived and damaged by someone acting in the party's name.

de deoneranda pro rata portionis (dee dee-on-a-ran-da proh ray-ta por-shee-oh-nis), n. [Law Latin "of the disburdening of a pro rata share"]. A writ for someone who is forced to pay rent that others are supposed to contribute to proportionately.

de derieo infra sacros ordines constituto, non eligendo in officium (dee kler-a-koh in-fra sak-rohs or-di-neez kon-sti-tyoo-toh, non el-i-jen-doh in a-fish-ee-am). [Law Latin "for not electing a clerk in holy orders to office"]. A writ ordering a cleric's release from secular office. The writ was addressed to the bailiff or other person who had forced a cleric to take a bailiwick or other secular office.

de die in diem (dee di-ee in di-am). [Law Latin]. From day to day; daily.

de diversis regulis juris antiqui (dee di-var-sis reg-ya-lis joor-is an-ti-kwi). [Latin uof various rules of ancient law"]. Roman law. The last title in the Digest, containing 211 maxims. See DIGEST (2).

de dolo malo (dee doh-loh mal-oh). [Latin]. Of or based on fraud. See ACTIO DE DOLO MALO.

de domo reparanda (dee doh-moh rep-a-ran-da), n. [Law Latin "to repair a house"]. A writ ordering a cotenant to contribute to the expenses of maintaining common property.

De Donis Conditionalibus (dee doh-nis kan-dish-ee-a-nal-i-bas). An English statute, enacted in 1285, that gave rise to the ability to create a fee tail. Often shortened to De Donis. - Sometimes written de donis conditionalibus. "[T]he statute de donis of 13 Edw. I. ... was intended to check the judicial construction, that had, in a great degree, discharged the conditional fee from the limitation imposed by the grant. Under that statute, fees conditional were changed into estates tail. , ... 4 James Kent, Commentaries on American Law*444 (George Comstock ed., 11th ed. 1866). "[Alfter De Donis, the formula 'to A and the heirs of his body' gave to A an estate known as an estate in fee tail. Because A had no power to transfer an estate in fee simple absolute, it became theoretically possible for persons like to tie up the ownership of land in a single family for hundreds of years. We say theoretically possible because by 1472 a way would be found for the tenant in tail (as A was called) to transfer an estate in fee simple absolute despite De Donis." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 29 (2d ed, 1984).

de dote assignanda (dee doh-tee as-ig-nan-da), n. [Law Latin "for assigning dower"]. A writ ordering a royal escheater to provide dower to a widow of a tenant holding an estate directly from the Crown.

de dote unde nil habet (dee doh-tee an-dee nil hay-bet), n. [Law Latin "of dower whereof she has none"]. A writ ordering a tenant interfering with a widow's right to dower to provide a reasonable dower. Also termed writ ofdower. Cf. UNDE NIHIL HABET. "DE DOTE UNDE NIL HABET. This is a writ of right in its nature .... It must be brought by the widow as demandant, against the tenant of the freehold, that is, the heir or his alienee, and its effect is to enable the former to recover from the latter the seisin of a third part of the tenements in demand, to be set forth to her in severalty by metes and bounds, together with damages and costs." I Alexander M. Burrill, A Law Dictionary and Glossary 433 (2d ed. 1867).

de ea re ita censuere (dee ee-a ree i-ta sen-s[y]oo-a-ree). [Latin]. Concerning that matter they have so decreed. This phrase was used to record decrees of the Roman senate. Abbr. d.e.r.i.c.

de ejectione custodiae (dee ee-jek-shee-oh-nee kas-toh-dee-ee). [Latin "ejectment of a ward"]. A writ available to a guardian after being ejected from the ward's land during the ward's minority. The writ lay to recover the land or person of the ward, or both. The French equivalent was ejectment de garde.

de ejectione firmae (dee ee-jek-shee-oh-nee f3r-mee). [Latin "ejectment of farm"]. A writ or action of trespass to obtain the return of lands or tenements to a lessee for a term of years that had been ousted by the lessor or by a reversioner, remainderman, or stranger. The lessee was then entitled to a writ of ejection to recover, at first, damages for the trespass only, but later the term itself, or the remainder of it, with damages. This action is the foundation of the modern action of ejectment. See EJECTMENT. "A writ then of ejectione firmae, or action of trespass in ejectment, lieth, where lands or tenements are let for a term of years; and afterwards the lessor, reverSioner, remainder-man, or any stranger, doth eject or oust the lessee of his term. In this case he shall have his writ of ejection, to call the defendant to answer for entering on the lands so demised to the plaintiff for a term that is not yet expired, and ejecting him. And by this writ the plaintiff shall recover back his term, or the remainder of it, with damages." 3 William Blackstone, Commentaries on the Laws of England 199 (1768).

de escaeta (dee es-kee-ta), n. [Law Latin "of escheat"]. A writ authorizing a lord to recover land when the lord's tenant died without an heir. See ESCHEAT.

de escambio monetae (dee es-kam-bee-oh ma-nee-tee), n. [Law Latin "of exchange of money"]. A writ authorizing a merchant to prepare a bill of exchange.

de essendo quietum de theolonio (dee e-sen-doh kwi-ee-tam dee thee-a-loh-nee-oh), n. [Law Latin "of being quit of toll"]. A writ authorizing a person who is exempt from paying a toll to enforce the exemption without harassment. Also spelled de essendo quietum de tolonio.

de essentia (dee e-sen-shee-a). [Law Latin]. Of the essence; essential.

de essonio de malo leeti (dee e-soh-nee-oh dee mal-oh lek-ti), n. [Law Latin "of essoin of malum lecti (sickness of bed)"]. A writ ordering a determination whether a person is truly sick after the person has issued an essoin claiming sickness as an excuse for not appearing in court.

de estoveriis habendis (dee es-ta-veer-ee-is ha-ben-dis), n. [Law Latin "for haVing estovers"]. A writ allowing a wife divorced a mensa et thoro ("from bed and board") to recover alimony or estovers. Often shorted to estoveriis habendis. "In case of divorce a mensa et thoro, the law allows alimony to the wife which is that allowance, which is made to a woman for her support out of her husband's estate; being settled at the discretion of the ecclesiastical judge, on consideration of all the circumstances of the case. This is sometimes called her estovers for which, if he refuses payment, there is; (besides the ordinary process of excommunication) a writ at common law de estoveriis habendis, in order to recover it ....It is generally proportioned to the rank and quality of the parties. But in case of elopement, and living with an adulterer, the law allows her no alimony." 1 William Blackstone, Commentaries on the Laws of England 429 (1765).

de estrepamento (dee e-strep-a-men-toh), n. [Law Latin "of enstrepment"]. A writ to prevent waste by a tenant while a suit to recover the land is pending against the tenant. Because this writ was only auxiliary to a real action to recover land, and because equity afforded the same relief by injunction, the writ fell into disuse and was abolished by 3 & 4 Will. 4, ch. 27. Also termed writ ofestrepement. See ESTREPEMENT.

de eu et trene (da yoo ay trayn). [French]. Of water and whip of three cords. This term referred to a neife who, as a servant, could be corporally punished. See NEIPE.

de eve et de treve (da ev ay da trev). [Law French]. From grandfather and great-grandfather's great-grandfather. This phrase described the ancestral rights of lords to their villeins.

de excommunicato capiendo (dee eks-ka-myoo-ni-kay-toh kap-ee-en-doh), n. [Law Latin "for taking an excommunicated person"]. Eccles. law. A writ ordering a sheriff to imprison an excommunicated person until the person reconciled with the church. It was replaced by the writ de contumace capiendo. See DE CONTUMACE CAPIENDO.

de excommunicato deliberando (dee eks-ka-myoo-ni-kay-toh di-lib-a-ran-doh), n. [Law Latin "for delivering an excommunicated person"]. Eccles. law. A writ releasing an excommunicated person from prison upon a certification by the person's superior that the person has reconciled with the church.

de excommunicato recapiendo (dee eks-ka-myoo-ni-kay-toh ri-kap-ee-en-doh), n. [Law Latin "for retaking an excommunicated person"]. Eccles. law. A writ ordering the rearrest of an excommunicated person who had been released but had not reconciled with the church or given security for a reconciliation.

de excusationibus (dee ek-skyoo-zay-shee-oh-ni-bas). [Latin "of excuses"]. Roman law. The first title of the 27th book of the Digest, containing a person's legal excuses from serving as tutor or curator. It is primarily drawn from the Greek work ofHerennius Modestinus. See DIGEST (2).

de executione facienda in withernamium (dee ek-sa-kyoo-shee-oh-nee fay-shee-en-da in with-ar-nay-mee-am), n. [Law Latin "for making execution in withernam"]. A writ ofexecution in withernam. This is a type of capis in withernam directing the sheriff to take from the defendant goods equal in value to the goods that the defendant took from the plaintiff.

de executione judicii (dee ek-sa-kyoo-shee-oh-nee joo-dish-ee-l), n. [Law Latin "of execution of judgment"]. A writ ordering a sheriff or bailiff to execute a judgment.

de exemplificatione (dee ig-zem -pli -fi -kay-shee-oh -nee), n. [Law Latin "of exemplification"]. A writ ordering the transcription of an original record.

de exoneratione sectae (dee ig-zon-a-ray-shee-oh-nee sek-tee), n. [Law Latin "of exoneration of suit"]. A writ exempting the king's ward from being sued in any court lower than the Court of Common Pleas (such as a county court, hundred court, leet, or court baron) during the time of the wardship.

de expensis civium et burgensium (dee ek-spen-sis siv-ee-am et bar-jen-see-am), n. [Law Latin "for levying the expenses of burgesses"]. A writ ordering the sheriff to levy the expenses of each citizen and burgess of Parliament.

de expensis militum levandis (dee ek-spen-sis mil-a-tam la-van-dis), n. [Law Latin "for levying the expenses of knights"]. A writ ordering the sheriff to levy an allowance for knights of the shire in Parliament.

de facto (di fak-toh also dee or day), adj. [Law Latin "in point of fact"]. 1. Actual; existing in fact; having effect even though not formally or legally recognized <a de facto contract> 2. Illegitimate but in effect <a de facto government>. Cf. DE JURE.

de facto adoption An adoption that falls short of the statutory requirements in a particular state. The adoption agreement may ripen to a de jure adoption when the statutory formalities have been met or if a court finds that the requirements for adoption by estoppel have been met. - Also termed adoption by estoppel.

de facto adoption- See ADOPTION.

de facto blockade See BLOCKADE.

de facto contract of sale A contract that purports to pass property but is defective in some element.

de facto contract of sale- See CONTRACT.

de facto corporation (di fak-toh). An incompletely formed corporation whose existence operates as a defense to personal liability of the directors, officers, and shareholders who in good faith thought they were operating the business as a duly formed corporation. Also termed corporation de facto.

de facto corporation- See CORPORATION.

de facto court (di fak-toh). 1. A court functioning under the authority of a statute that is later adjudged to be invalid. Also termed court de facto. 2. A court established and acting under the authority of a de facto government.

de facto court- See COURT.

de facto dissolution See DISSOLUTION.

de facto dissolution- The termination and liquidation of a corporation's business, esp. because of an inability to pay its debts.

de facto father See de facto parent under PARENT.

de facto father- See de facto parent under PARENT.

de facto government See GOVERNMENT.

de facto government- (di fak-toh). 1. A government that has taken over the regular government and exercises sovereignty over a nation. 2. An independent government established and exercised by a group of a country's inhabitants who have separated themselves from the parent state. - Also termed government de facto.

de facto judge (di fak-toh). A judge operating under color oflaw but whose authority is procedurally defective, such as a judge appOinted under an unconstitutional statute. Also termed judge de facto.

de facto judge See JUDGE.

de facto marriage See MARRIAGE (1).

de facto merger See MERGER.

de facto mother See de facto parent under PARENT.

de facto officer See officer de facto under OFFICER (1).

de facto officer See officer de facto.

de facto parent See PARENT.

de facto segregation See SEGREGATION.

de facto segregation Segregation that occurs without state authority, usu. on the basis of socioeconomic factors.

de facto stepparent adoption See second-parent adoption.

de facto stepparent adoption- See second-parent adoption under ADOPTION.

de facto taking See TAKING (2).

de facto taking (di fak-toh). 1. Interference with the use or value or marketability of land in anticipation of condemnation, depriving the owner of reasonable use and thereby triggering the obligation to pay just compensation. 2. A taking in which an entity clothed with eminent-domain power substantially interferes with an owners use, possession, or enjoyment of property.

de falso judicio (dee fal-soh or fawl-soh joo-dish-ee-oh), n. [Law Latin "of false judgment"]. A writ of false judgment; a writ to reverse an inferior court's ruling.

de falso moneta (dee fal-soh or fawl-soh mah-nee-ta), n. [Law Latin "of false money"]. The statute of Edward I providing that persons importing certain coins (called "pollards" and "crokards") would forfeit both their goods and their lives.

de fide instrumentorum (dee fi-dee in-stra-men-tor-am). [Latin]. Roman & Scots law. On the reliance to be placed on written documents. The phrase appeared in reference to actions of rescission based on forgery.

de fideli administratione officii (dee fi-dee-Ii ad-min-astray-shee-oh-nee a-fish-ee-i). [Law Latin "of faithful administration of office"]. Scots law. An oath to faithfully execute the duties of one's public office or duty.Often shortened to de fideli administratione.

de fine force (dee fi-nee fors). [Law French]. Of pure necessity.

de fine non capiendo pro pulchre placitando (dee fi -nee non kap-ee-en-doh proh pal-kree plas-a-tan-doh), n. [Law Latin "of not taking a fine for amending a bad pleading"]. A writ prohibiting the imposition of a fine for bad pleading. See BEAU PLEADER.

de fine pro redisseisina capiendo (dee fi-nee proh ree-dis-see-zin-a kap-ee-en-doh), n. [Law Latin "of a fine paid for one imprisoned for redisseisin"] His/. A writ releaSing a person who paid a reasonable fine after being imprisoned for a redisseisin.

de finibus leva tis (dee fi-na-bas la-vay-tis), n. [Law Latin "concerning fines levied"]. The statute requiring any levied fines to be read solemnly in open court. 27 Edw.1.

de forisfactura maritagii (dee for-is-fak-tyoor-a mar-a-tay-jee-i), n. [Law Latin "of forfeiture of marriage"]. A writ forfeiting a marriage.

de frangentibus prisonam (dee fran-jen-ti-bas priz-a-nam), n. [Latin "of those who break prison"]. The statute providing that an escaped prisoner will not be put to death or forfeit a limb simply for escaping from prison unless the original crime required that penalty upon conviction. 1 Edw.2.

de furto (dee far-toh), n. [Latin "of theft"]. In England, a type of criminal appeal.

de gestu et fama (dee jes-ty[y]oo et fay-ma), n. [Law Latin "of behavior and reputation"]. A writ available to a person whose character and reputation had been impeached.

de gratia (dee gray-shee-a). [Latin]. Offavor; by grace, as in de speciali gratia ("of special grace or favor").

de haerede deliberando illi qui habet custodiam terrae (dee hi-ree-dee di-lib-a-ran-doh iI-i kwi hay-bat ka-stoh-dee-am ter-ee), n. [Law Latin "for delivering an heir to him who has wardship of the land"]. A writ ordering the sheriff to deliver an heir to a person who had wardship.

de haerede rapto et abducto (dee hi-ree-dee rap-toh et ab-dak-toh), n. [Law Latin "of an heir ravished and carried away"). A writ allowing a lord to recover a ward who had been taken by another person.

de haeretico comburendo (dee hi-ret-i-koh kom-bya-ren-doh), n. [Law Latin "of burning a heretic"]. 1. A writ ordering the execution by burning of a convicted heretic who refused to recant, or was convicted of heresy again after recanting. Also termed writ de haeretico comburendo. "[W]e find among our ancient precedents a writ de haeretico comburendo, which is thought by some to be as ancient as the common law itself. However, it appears from thence, that the conviction of heresy by the common law was not in any petty ecclesiastical court, but before the archbishop himself in a provincial synod; and that the delinquent was delivered over to the king to do as he should please with him: so that the crown had a control over the spiritual power, and might pardon the convict by issuing no process against him; the writ de haeretico comburendo being not a writ of course, but issuing only by the special direction of the king in counciL" 4 William Blackstone, Commentaries on the Laws of Eng/and 46-47 (1769). "But the case of Sawtre (1400) is a clear case in which the rule of the canon law was applied. He was convicted of heresy before the Bishop of Norwich and recanted his heresy. He fell again into heresy, and was condemned by the archbishop and his provincial Council, as a relapsed heretic. On this conviction the king issued a writ de haeretico comburendo. This case clearly shows that the common law recognized the rule of the canon law. " 1 William Holdsworth, A History of English Law 617 (7th ed. 1956). 2. The first English penal law against heresy, enacted in 1401 (2 Hen. 4, ch. 15). The law authorized the burning of defendants who relapsed or refused to abandon their heretical opinions. The first English statute that denounced the penalty of death against heretics was passed in the year 1401. Whether before that statute the law that

de homagio respectuando (dee ha-may-jee-oh ri-spek-tyoo-an-doh), n. [Law Latin "for respiting or postponing homage"]. A writ to postpone an homage. See HOMAGE.

de homine capto in withernamium (dee hom-a-nee kap-toh in with-ar-nay-mee-am), n. [Law Latin "for taking a man in withernam"]. A writ to seize and jail a person who took a bondman out of the county to keep the bondman from being replevied. The defendant was jailed without bail until the bondman was returned. See WITHERNAM.

de homine replegiando (dee hom-a-nee ri-plee-jee-an-doh), n. (Law Latin "for replevying a man"]. A writ to replevy a person out of jail or out of the custody of another person after giving security that the replevied person will answer any charge. "The writ de homine replegiando lies to replevy a man out of prison, or out of the custody of any private person, (in the same manner that chattels taken in distress may be replevied ...) upon giving security to the sheriff that the man shall be forthcoming to answer any charge against him. And, if the person be conveyed out of the sheriff's jurisdiction, the sheriff may return that he is eloigned ... upon which a process issues ... to imprison the defendant himself, without bail ... till he produces the party. But this writ is guarded with so many exceptions, that it is not an effectual remedy in numerous instances, especially where the crown is concerned." 3 William Blackstone, Commentar· ies on the Laws of England 129 (1768).

de identitate nominis (dee i-den-to-tay-tee nom-a-nis), n. [Law Latin "of identity of name"]. A writ to free a person mistaken for someone else with the same name and then falsely arrested and imprisoned. - Also termed de idemptitate nominis.

de idiota inquirendo (dee id-ee-oh-ta in-kwi-ren-doh or in-kwa-ren-doh). [Latin "of inquiring concerning an idiot"]. A writ directing the sheriff to open an inquiry before a jury of 12 into whether a person is an idiot, that is, mentally incapable of managing his or her personal affairs.

de iis qui ponendi sunt in assisis (dee i-as kwi pa-nen-di sant in a-si-zaz), n. [Law Latin "of those who are to be put on assises"]. The statute establishing juror qualifications. 21 Edw. 1.

de incremento (dee in-kra-men-toh). [Law Latin "of increase"]. Additional. Costs de incremento are costs awarded by a court in addition to costs awarded by the jury.

de industria (dee in-das-tree-a). [Latin]. Designedly; on purpose.