De Bene Esse - Definition - Law Dictionary Home Dictionary Definition de-bene-esse

Definition :

De bene esse. To take or do anything de bene esse is to accept or allow it as well done for the present; but when it comes to be more fully examined or tried, to stand or fall according to the merit of the thing in its own nature (Jac. Law Dict.). in modern times the term is chiefly used in reference to an examination, out of Court and before trial, of witnesses who are old, dangerously ill, or about to leave the country, on the terms that if the witnesses continue ill or absent, their evidence be read at the trial, but if they recover or return, the evidence be taken in the usual manner. Now by R. S. C. 1883, Ord. XXXVII., r. 5, the Court may, in any cause or matter where it shall appear necessary for the purposes of justice [see Bidder v. Bridges, (1884) 26 Ch D 1], make any order for the examination upon oath before the Court or any officer of the Court, or any other person, and at any place, of any witness or person, and may empower any party to any such cause or matter to give such deposition in evidence therein on such terms, if any, as the Court may direct.

See also forms of orders in App. K. of R.S. C. 1883, Nos. 35 to 37.

Means conditionally, provisionally. A technical phrase applied to a certain acts deemed for the time being well done; but when it comes to be more fully examined or tried, to stand or fall according to the merit of the thing in its own nature.