DE MERCATORIBUS. This is the name of a statute1 passed in the 11 Edw. I.; it is usually called the statute of Acton Burnell De Mercatoribus. It was passed in consequence of the complaints of foreign merchants, who could not recover the claims, because the lands of the debtors2 could not be sold for their debts. It enacted4 that the chattels5 and devisable burgages of the debtor3 might be sold for the payment of their debts. Cruise, Dig. t. 14, s. 6.
D.E NOVO. Anew. afresh. When a judgment6 upon an issue in part is reversed on error, for some mistake made by the court, in the course of the trial, a venire de novo is awarded in order that the case may again be submitted to the jury.
DE NOVI OPERIS NUNCIATIONE, Civil law. Where a thiug is intended to be done against another man's right, the party aggrieved7 may have in many cases, according to the civilians8, an interdict9 or injunctIion, to hinder that which is intended to his prejudice: as where one buildeth an house contrary to the usual and received form of building to the injury of his neighbor, there lieth an injunction de novi operis nunciatione, which being served, the offender10 is either to desist from his work or to put in sureties that he shall pull it down, if he do not in a short time avow11, i. e. show, the lawfulness12 thereof. Ridley's Civ. and Eccl. Law, part 1, chap 1, sect13. 8.
DE ODIO ET ATIA. These words sisignify "from hatred14 and ill will." When a person was committed on a charge of a crime, from such a motive15, he could sue the writ16 de otio et atia, and procure17 his liberty on giving bail18. The object is now obtained by a writ of habeas corpus. Vide Writ de odio et atia.
DE PARTITIONE FACIENDA. The name of a writ for making partition. Vide Partition.
DE PROPRIETATE PROBANDA, Eng. Practice. The name of a writ which issues in a case of replevin when the defendant19 claims property in the chattels replevied, and the sheriff makes a return accordingly. The writ directs the sheriff to summon an inquest to determine on the validity of the claim, and, if they find for the defendant, the sheriff merely returns their finding. The plaintiff is not concluded by such finding, he may come into the court above and traverse it. Hamm. N. P. 456.
DE QUOTA20 LITIS. The name of a part or contract, in the civil law, by which one who has a claim difficult to recover, agrees with another to give a part for the purpose of obtaining his services to recover the rest. 1 Duv. n. 201.
2. Whenever such an agreement amounts to champerty, it is void by law. 5 Monr. 416; 5 John. Ch. 44.
3. Attorneys cannot lawfully21 make a bargain with their clients to receive for their compensation, a part of the thing sued for; in New York, 2 Caines, 147; Ohio, 1 Ham. 132; Alabama, 755; and some other states - but in some of the states such contracts are not unlawful.
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