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Defendere unica manu

Defendere unica manu, to wage law; a denial of an accusation upon oath

Defensive allegation

as a defence by a defendant in the spiritual courts. He is entitled to the plaintiff's answer upon oath, and may thence proceed to proofs as well as his antagonist, 3 Steph. Com.

Dejuration

Dejuration [fr. dejuro, Lat.], a taking of a solemn oath

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Dilatory pleas

in abatement, showing some matter for abatement or quashing the declaration. These pleas must have been verified by affidavit or otherwise, and pleaded within four days from delivery of declaration, 4 Anne, c. 16. Pleas in Abatement

Habere facias possessionem

other person, the person prosecuting such judgment shall be entitled to sue out the writ on filing an affidavit showing service of the judgment and disobedience thereto. An unsuccessful defendant can be ordered to pay to the

Dying declaration

is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the

Essoin, Essoigne, Assoign

liberare, which is a more probable derivation than Gk.; though it signifies to excuse by means of an oath, which is the precise nature of an essoin. See Spelman, voc., 'Essoniare' ], an excuse for him who

Evidence

from that which was usual in the Court of Chancery. It was oral in the former, and by affidavit in the latter. Now, however, that there is one Supreme Court, the ordinary mode of taking evidence is

Examiners, or examiners of the court

R.S.C. Ord. XXXVI., rr. 39-53. One authorised to conduct an examination esp. a person appointed by court on oath and take testimony, Black's Law Dictionary, 7th Edn., p. 582.

Extra costs

appear upon the face of the proceedings, such as witnesses' expenses, fees to counsel, attendances, Court-fees, etc., an affidavit of which must be made, to warrant the master in allowing them upon taxation of costs. See INCREASE.

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