Blacks Law Dict. 1st ed

GOVERNMENT DE FACTO

GRAFIO

545

has nevertheless supplanted or displaced the government de jure. A government deemed unlawful, or deemed wrongful or unjust, which, nevertheless, re ceives presently habitual obedience from the bulk of the community. Aust. Jur. 324. There are several degrees of what is called u de facto government. * Such a government, In its highest degree, as sumes a character very closely resembling that of «lawful government. This is when the usurping government expels the regular authorities from their customary seats and functions, and estab lishes itself in their place, and so becomes the act ual government of a country. The distinguishing characteristic of such a government is that adher ents to it in war against the government dejure do not incur the penalties of treason; and, under certain limitations, obligations assumed by it in be half of the country or otherwise will, in general, be respected by the government dejv/re when re stored. But there Is another description of government, called also by publicists a "government de facto, " but which might, perhaps, be more aptly denomi nated a "government of paramount force." Its distinguishing characteristics are (1) that its ex istence is maintained by active military power, within the territories, and against the rightful au thority, of an established and lawful government; and (3) that, while it exists, it must necessarily be obeyed in civil matters by private citizens who, by acts of obedience, rendered in submission to such force, do not become responsible, as wrong-doers, for those acts, though not warranted by the laws of the rightful government. Actual governments of this sort are established over districts differing greatly in extent and conditions. They are usually administered directly by military authority, but they may be administered, also, by civil authority, supported more or less by military force. 8 Wall. The term "de facto, " as descriptive of a govern ment, has no well-fixed and definite sense. It is, perhaps, most correctly used as signifying a gov ernment completely, though only temporarily, established in the place of the lawful or regular government, occupying its capitol, and exercising its power, and which is ultimately overthrown, and tiie authority of the government dejure re established. 42 Miss. 651, 703. A government de facto is a government that un lawfully gets the possession and control of the rightful legal government, and maintains itself there, by force and arms, against the will of such legal government, and claims to exercise the pow ers thereof. 43 Ala. 204. GOVERNMENT DE JURE. A gov ernment of right; the true and lawful gov ern ment; a government established accord Ing to the constitution of the state, and law fully entitled to recognition and supremacy and the administration of the state, but which is actually cut off from power or control. A government deemed lawful, or deemed rightful or just, which, nevertheless, has been supplanted or displaced; that is to say, which AM.DICT.LAW—35

receives not presently (although It received formerly) habitual obedience from the bulk of the community. Aust. Jur. 824. GOVERNOR. The title of the chief ex ecutive in each of the states and territories of the United States; and also of the chief mag istrate of some colonies, provinces, and de pendencies of other nations. GRACE. This word is commonly used ia contradistinction to "right." Thus, in St. 22 Edw. III., the lord chancellor was instructed to take cognizance of matters of grace, being such subjects of equity jurisdiction as were exclusively matters of equity. Brown. A faculty, license, or dispensation; also general and free pardon by act of parliament See ACT OF GRACE. GRACE, DAYS OF. Time of indul gence granted to an acceptor or maker for the payment of his bill of exchange or note. It was originally a gratuitous favor, (hence the name,) but custom has rendered it a legal right. GRADATIM. In old English law. By degrees or steps; step by step; from one de gree to another. Bract, fol. 64. GRADIENT. Moving step by step; a grade; the deviation of railways from a level surface to an inclined plane. GRADUATES. Scholars who have taken a degree in a college or university. GRADUS. In the civil and old English law. A measure of space. A degree of re lationship. A step or degree generally; «. g. t gradiu honorum, degrees of honor. Vicat. A pul pit; a year; a generation. Du Cange. A port; any place where a vessel can be brought to land. Du Cange. GRADUS PARENTELiE. A pedigree; a table of relationship. GRAFFARIUS. In old English law. A graffer, notary, or scrivener. Si. 5 Hen. VIILcl . GRAFFER. A notary or scrivener. See St. 5 Hen. VIII. c. 1. The word is a corrup tion of the French u greffier," (q. v.) GRAFFIUM. A writing-book, register, or cartulary of deeds and evidences. CowelL GRAFIO. A baron, inferior to a count. A fiscal judge. An advocate. Spelman; CowelL

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