KFLCC Kingdom Law 2nd Ed.

DB ESTREPAMENTO

324

DE FIDE ET OFFICIO JUDIOI3

DE EXPENSIS CIVTUM ET BURGEN SIUM. An obsolete writ addressed to the sheriff to levy the expenses of every citizen and burgess of parliament 4 Inst 46. DE EXPENSIS MHilTUM LEVANDIS. Writ for levying the expenses of knights. A writ directed to the sheriff for levying the allowance for knights of the shire ia 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 Is illegal or illegitimate. In 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 it 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 de jure is one who has just claim and rightful title to the office or power, but who has never had plenary possession 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 de jure, or lawful wife. 4 Kent Comm. 36. 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. As to de facto "Corporation," "Court," "Domicile," "Government," and "Officer," see those titles. In old English, law. be facto means re specting or concerning the principal act of a murder, which was technically denomi nated factum. See Fleta, lib. 1, c. 27, $ 18. —De facto contract. One which has pur ported to pass the property from the owner to another. Bank v. Logan, 74 N. Y. 575; Ed munds v. Transp. Co., 135 Mass. 283. DE FAIRE ECHEIXE. In French law. A clause commonly inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wend. (N. T.) 491. DE FALSO JUDICIO. Writ of false Judgment. Reg.. Orig. 15; Fitzh. Nat Brev. 18. See FALSE JUDGMENT. DE FAXSO MONETA. Of false money. The title of the statute 27 Edw. I. ordaining that persons importing 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 jndicis non recipitur qusestio, sed de scientia, sive sit error

DE ESTREPAMENTO. A writ which lay to prevent or stay waste by a tenant, during the pendency of a suit against him to recover the lands. Reg. Orig. 766. Fitzh. Nat. Brev. 6a 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 villein, as employed in servile work, and sub ject to corporal punishment. Co. Litt 256. DE EVE ET DE TREVE. A law French \>hrase, equivalent to the Latin de avo et de tritavo, descriptive of the ancestral rights of lords in their villeins. Literally, "from grandfather and from great-grandfather's .great-grandfather." It occurs in the Year Books. DE EXCOMMUNICATO CAPIENDO. A writ commanding the sheriff to arrest one who was excommunicated, and imprison him ^111 he should become reconciled to the church. 3 BL Comm. 102. Smith v. Nelson, 18 Vt. 511. DE EXCOMMUNICATO DEMBERAN- ±>0. A writ to deliver an excommunicated person, who has made satisfaction to the «huich, from prison. 3 BL Comm. 102. DE EXCOMMUNICATO RE CAPIEN DO. Writ for retaking an excommunicated person, where he had been liberated from prison without making satisfaction to the church, or giving security for that purpose. Reg. Orig. 67. "Concerning excuses." This is the title of book 27 of the Pandects, (in the Corpus Juris Givilis.) It treats of the circumstances which excuse one from filling the office of tutor or curator. The bulk of the extracts are from Modes tinus. DE EXECUTIONE FACIENDA IN WITHEBNAMIUM. Writ for making exe cution 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 EXEMPIiIFICATIONE. Writ of ex emplification. A writ granted for the exem plification of an original. Reg. Orig. 2906. DE EXONERATIONS SECTiE. 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 EXCUSATIONIBUS.