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 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.
