DE REPARATIONE FACIENDA. The name of a writ1 which lies by one tenant2 in common against the other, to cause him to aid in repairing the common propert. 8 B. & C. 269.
DE RETORNO HABENDO The name of a writ issued after a judgment3 has been given in replevin, that the defendant4 should have a return of the goods replevied. See 3 Bouv. Inst. n. 3376.
DE SON TORT. Of his own wrong. This term is usually applied5 to a person who, having no right to meddle6 with the affairs or estate of a deceased person, yet undertakes to do. so, by acting7 as executor of the deceased. Vide Executor de son tort.
DE SON TORT DEMESNE8, Of his own wrong, pleading. The name of a replication in an action for a wrong or injury. When the defendant pleads a matter merely in excuse of an injury to the person or reputation of another, the plaintiff may reply de son tort demesne sans tiel cause; that it was the defendant's own wrong without such cause. Vide the articles, De Injuria, and Without, and also 8 Co. 69 a; Bro. h. t.; Com. Dig. Pleader, F 18.
DE UNA PARTE. A deed de una parte, is one where only one party grants, gives, or binds9 himself to do.a thing to another. It differs from a deed inter10 partes. (q. v.) 2 Bouv. Inst. n. 2001.
DE WARRANTIA DIEI, WRIT, Eng. law. Where a man is required to appear on a certain day in person, and before that day the king certifies11 that the party is in the king's service, he may sue this writ, commanding the justices not to record his default for that day for the cause before mentioned. F. N. B. 36.
DEACON, Eccl. law. A minister or servant in the church whose office, in some churches, is to assist the priest in divine service, and the distribution of the sacrament.
DEAD Something which has no life; figuratively, something of no value.
DEAD BODY, crim. law. A corpse12.
2. To take up a dead body without lawful13 authority, even for the purposes of dissection14, is a misdemeanor, for which the offender15 may be indicted16 at common law. 1 Russ. on Cr. 414; 1 Dowl. & R. 13; Russ. & Ry. 366, ii. b; 2 Chit. Cr. Law, 35. This offence is punished by statute17 in New Hampshire, Laws of N. H. 339, 340 in Vermont, Laws of Vermont, 368 .c. 361; in Massachusetts, stat. 1830, c. 51; 8 Pick. 370; 11 Pick. 350; in New York, 2 Rev18. Stat. 688. Vide 1 Russ. 414, n. A.
3. The preventing a dead body from being buried, is also an indictable offence. 2 T. R. 734; 4 East, 460; 1 Russ. on Cr. 415 and 416, note A.
4. To inter a dead body found in a river, it seems, would render the offender liable to an indictment19 for a misdemeanor, unless he first sent for the coroner. 1 Kenyon's R. 250.
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