Blacks Law Dict. 1st ed

326

DE GRATIA.

DE FACTO

is illegal or illegitimate. En this sense it is the contrary of de jure, which means right ful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one who is in actual possession of the office or supreme power, but by usurpation, or without respect to lawful title; while an of ficer, king, or governor dejure is one who has just claim and rightful title to the office or power, but who has never had plenary pos session of the same, or is not now in actual possession. (4 Bl. Comm. 77, 78.) So a wife de facto is one whose marriage is voidable by decree, as distinguished from a wife dejure, or lawful wife. (4 Kent, Comui. 36.) (As to the distinction between governments de facto and dejure, see GOVERNMENT. AS to officers de facto, see that title.) But the term is also frequently used inde pendently of any distinction from de jure; thus a blockade de facto is a blockade which is actually maintained, as distinguished from a mere paper blockade. In old English law. De facto means respecting or concerning the principal act of a murder, which was technically denom inated factum. See Fleta, lib. 1, c. 27, §18. DE FACTO CONTRACT. One which has purported to pass the property from the owner to another. 74 N. Y. 575; L. R. 3 App. Cas. 459. DE FAIRE ECHELLE. In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. 14 Wend. 491. DE FALSO JUDICIO. Writ of false judgment. Reg. Orig. 15; Fitzh. Nat Biev. 18. See FALSE JUDGMENT. DE FALSO MONETA. Of false money. The title of the statute 27 Edw. I. ordaining that persons impoiting certain coins, called "pollards," and "crokards," should forfeit their lives and goods, and everything they could forfeit. 2 Reeve, Eng. Law, 228, 229. De fide et officio judicis non reoipitur qusestio, sed de scientia, sive sit error juris, sive facti. Concerning thefidelityand official conduct of a judge, no question is [will be] entertained; but [only] concerning his knowledge, whether the error [committed] be of law or of fact. Bac. Max. 68, reg. 17. The bona fides and honesty of purpose of a judge cannot be questioned, but his de cision may be impugned for error either of

law or fact. Broom, Max. 85. The law doth so much respect the certainty of judgments, and the credit and authority of judges, that it will not permit any error to be assigned which impeacheth them in their trust and office, and in willful abuse of the same; but only in ignorance and mistaking either of the law, or of the case and matter of fact. Bac. Max. ubi supra. Thus, it cannot be assigned for error that a judge did that which he ought not to do; as that he entered a verdict for the plaintiff, wliere the jury gave it for the defendant. Fitzh. Nat. Brev. 20,21; Bac. Max. ubi supra; Hardr. 127, arg. DE FIDEI L.ESIONE. Of breach of faith or fidelity. 4 Reeve, Eng. Law, 99. DE FINE FORCE. L. Fr. Of neces sity ; of pure necessity. See FINE FORCE. DE FINE NON CAPIENDO PRO PULCHRE PLACITANDO. A writ pro hibiting the taking of fines for beau pleader. Reg. Orig. 179. DE FINE PRO REDISSEISINA CA PIENDO. A writ which lay for the release of one imprisoned for a re-disseisin, on pay ment of a reasonable fine. J^ j g. Orig. 2226. DE FINIBUS LEVATIS. Concerning fines levied. The title of the statute 27 Edw. I., requiring fines thereafter to be levied, to be read openly and solemnly in court. 2 Inst. 521. DE FORISFACTURA MARITAGII. Writ of forfeiture of marriage. Reg. Orig. 163, 164. DE FRANGENTIBUS PRISONAM. Concerning those that break prison. The title of the statute 1 Edw. II., ordaining that none from thenceforth who broke prison should have judgment ot life or limb for breaking prison only, unless the cause for which he was taken and imprisoned required such a judgment if he was lawfully convict ed thereof. 2 Reeve, Eng. Law, 290; 2 Inst. 589. DE FURTO. Of theft. One of the kinds of criminal appeal formerly in use in Eng land. 2 Reeve, Eng. Law, 40. DE GESTU ET FAMA. Of behavior and reputation. An old writ which lay in cases where a person's conduct and reputa tion were impeached. DE GRATIA. Of grace or favor, by fa vor. De speciali giatia, of special grace or favor.

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