De Bene Esse - Law Dictionary Search Results
Home Dictionary Name: de bene essede bene esse
de bene esse [Medieval Latin, literally, of well-being (i.e., morally acceptable, but subject to legal validation)] : subject to future exception : conditional provisional [depositions de bene esse] ...
De bene esse
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 suc...
De bene esse
Of well being of formal sufficiency for the time conditionally provisionally...
Commission to examine witnesses
Commission to examine witnesses, was, under 15 & 16 Vict. c. 86, s. 36, issued in Chancery suits, where the witnesses resided abroad; and at Common Law under the 1 Wm. 4, c. 22, s. 4. See now R.S.C. 1883, Ord. XXXVII., r. 5. See DE BENE ESSE and LETTERS OF REQUEST....
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
Accusator post rationable tempus non est audiendus, nisi se bene de omissione excusaverit
Accusator post rationable tempus non est audiendus, nisi se bene de omissione excusaverit [Lat.], An accuser is not to be heard after a reasonable time unless he can account satisfactorily for the delay....
Reservatio non debet esse de proficuis ipsis, quia ea conceduntur, sed de reditu novo exta proficua
Reservatio non debet esse de proficuis ipsis, quia ea conceduntur, sed de reditu novo exta proficua. Co. Litt. 142 a.-(A reservation ought not to be of the profits themselves, because they are granted, but from the new rent apart from the profits.)...
Omne sacramentum debet esse de certa scientia
Omne sacramentum debet esse de certa scientia [Lat.], every oath ought to be of certain knowledge...
Possessio fratris de feodo simplici facit sororem esse h'redem
Possessio fratris de feodo simplici facit sororem esse h'redem. 3 Rep. 41, (the brother's possession of an estate in fee simple makes the sister to be heir.)...
Idem est non esse et non apparere
Idem est non esse et non apparere. Jenk. Cent. 207, (Not to be and not to appear are the same.) See Hale, de Jure Mars, pt. I, c. 4, p. 14; R. v. Lord Yarborough, (1824) 3 B&C 96....
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