Blacks Law Dict. 1st ed

DE EJECTIONE FIRMJS

DE FACTO

325

DE EXCOMMUNICATO CAPIEN DO. A writ commanding the sheriff to ar rest one who was excommunicated, and im prison him till he should become reconciled to the church. 3 Bl. Comm. 102. DE EXCOMMUNICATO DELIBE RANDO. A writ to deliver an excom municated person, who has made satisfaction to the church, from prison. 3 Bl. Comm. 102. DE EXCOMMUNICATO RECAPI ENDO. Writ for retaking an excommuni cated person, where he had been liberated from prison without making satisfaction to the church, or giving security for that pur pose. Reg. Orig. 67. DE EXCUSATIONIBUS. "Concerning excuses." This is the title of book 27 of the Pandects, (in the Corpus Juris Civilis.) It treats of the circumstances which excuse one from filling the office of tutor or curator. The bulk of the extracts are from Modestinus. DE EXECUTIONE FACIENDA IN WITHERNAMIUM. Writ for making execution in withernam. Reg. Orig. 826. A species of capias in withernam. DE EXECUTIONE JUDICII. A writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment. Reg. Orig. 18; Fitzh. Nat. Brev. 20. DE EXEMPLIFICATIONS. Writ of exemplification. A writ granted for the ex emplification of an original. Reg. Orig. 2906. DE EXONERATIONE SECT^l. Writ for exoneration of suit. A writ that lay for the king's ward to be discharged of all suit to the county court, hundred, leet, or court baron, during the time of his wardship. Fitzh. Nat. Brev. 158; New Nat. Brev. 352. DE EXPENSIS CIVIUM ET BUR GENSIUM. An obsolete writ addressed to the sheriff to levy the expenses of every cit izen and burgess of parliament. 4 Inst. 46. DE EXPENSIS MILITUM LEVAN DIS. Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire in parliament. Reg. Orig. 1916, 192. DE FACTO. In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of af fairs which exists actually and must be ac cepted for all practical purposes, but which

By a gradual extension of the scope of this form of action its object was made to include not only damages for the unlawful detainer, but also the possession for the remainder of the term, and eventually the possession of land generally. And, as it turned on the right of possession, this involved a determi nation of the right of property, or the title, and thus arose the modern action of eject ment. DE ESCiETA. Writ of escheat. A writ which a lord had, where his tenant died with out heir, to recover the land. Reg. Orig. 1646; Fitzh. Nat. Brev. 143, 144, E. DE ESCAMBIO MONETJE. A writ of exchange of money. An ancient writ to authorize a merchant to make a bill of ex change, (Hteras cambitorias facere.) Reg. Orig. 194. DE ESSE IN PEREGRINATIONE. Of being on a journey. A species of essoin. 1 Reeve, Eng. Law, 119. DE ESSENDO QUIETUM DE TO LONIO. A writ which lay for those who were by privilege free from the payment of toll, on their being molested therein. Fitzh. Nat. Brev. 226; Reg. Orig. 2586. DE ESSONIO DE HALO LECTI. A writ which issued upon an essoin of malum lecti being cast, to examine whether the party was in tact sick or not. Reg. Orig. 86. DE ESTOVERIIS HABENDIS. Writ for having estovers. A writ which lay for a wife divorced a mensa et thuro, to recover her alimony or estovers. 1 Bl. Comm. 441; 1 Lev. 6. DE ESTREPAMENTO. A writ which lay to prevent or stay waste by a tenant, duiing the pendency of a suit against him to recover the lands. Reg. Orig. 766 • Fitzh. Nat. Brev. 60. DE ETJ ET TRENE. L. Fr. Of water and whip of three cords. A term applied to a neife, that is, a bond woman or female vil lein, as employed in servile work, and sub ject to corporal punishment. Co. Litt. 256. DE EVE ET DE TREVE. A law Trench phrase, equivalent to the Latin de axto et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, "from grandfather and from great-giandfa ther's great-grandfather." It occurs in the Year Books.

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