英文法律词典 D-10

DE. A preposition used in many Latin phrases - as, de bone esse, de bonis non.

DE ARBITRATIONE FACTA, WRIT². In the ancient English law, when an action was brought for the same cause of action which had been before settled by arbitration¹, this writ was brought. Wats. on Arb. 256.

DE BENE ESSE, practice. A technical phrase applied³ to certain proceedings⁴ which are deemed to be well done for the present, or until an exception or other avoidance, that is, conditionally⁵, and in that meaning the phrase is usually accepted. For example, a declaration is filed or delivered, special bail⁶ put in, witness examined, &c. de bene esse, or conditionally; good for the present.

2. When a judge has a doubt as to the propriety⁷ of finding a verdict, h(, may direct the jury to find one de bene esse; which verdict, if the court shall afterwards be of opinion it ought to have been found, shall stand. Bac. Ab. Verdict, A. Vide 11 S. & R. 84.

DE BONIS NON. This phrase is used in cases where the goods of a deceased person have not all been administered. When an executor or administrator⁸ has been appointed, and the estate is not fully⁹ settled, and the executor or administrator is dead, has absconded¹⁰, or from any cause has been removed, a second administrator is appointed to to perform the duty remaining to be done, who is called an administrator de bonis non, an administrator of the goods not administered and he becomes by the appointment the only representative of the deceased. 11 Vin. Ab. 111; 2 P. Wms. 340; Com. Dig. Administration, B I; 1 Root's 11. 425. And it seems that though the estate has been distributed, an administrator de nonis non may be appointed, if debts remain unsatisfied. 1 Root's R. 174.

DE BONIS PROPRIIS. Of his own goods. When an executor or administrator has been guilty of a devastavit, (q. v.) he is responsible for the loss which the estate has sustained, de bonis propriis. He may also subject himself to the payment of a debt of the deceased, de bonis propriis, by his false plea, when sued in a representative as, if he plead plene administravit, and it be found against him, or a release to himself, when false. In this latter case the judgment¹¹ is de bonis testatoris si, et si non de bonis propriis. 1 Saund. 336 b, n. 10 Bac. Ab. Executor, B 8.

DE CONTUMACE CAPIENDO. The name of a writ issued for the arrest of a defendant¹² who is in contempt of the ecclesiastical court. 1 Nev. & Per. 680, 685, 689; 5 Dowl. 213, 646.