Page:Black's Law Dictionary (Second Edition).djvu/332

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DE ESTREPAMENTO

DE ESTREPAMENTO. A writ which lay to prevent or stav waste by a tenant, during the penrlency of a suit against him to l'B('0\'0l' the iiiids. Reg. Orig. 76b. Fitzh. Nat Brev. 60.

DE EU ET TRENE. L. Fr. 01 water and Whip of three cords. A term applied to a neife, that is, a bond woman or female rillein, as employ ed in servile work, and sub- iect to corporal punishment. Co. Litt. 251;.

DE EVE ET DE TREVE. A law French phrase, equivaiciit to the Latin do avo et de Lnmiro. descriptive of the ancestral rights of lords in their villelns. Literally. "from grandfather and from great-gi'aii(lfather's

1-ezit-grandfather." It occurs in the Xear

Books.

DE EXCOMMUNICATO CAPIENDO. A writ coniui.-iiidlug the sheriff to arrest one who was excoiniiiunicated, and imprison him iili he should become reconciled to the

hurch. 3 Bl. Comm. 102. Smith v. Nelson,

[8 Vt 511.

DE EXCOMMUNICATO DELl'BERAN- DO. A writ to deliver an excommunicated person, who has made satisfaction to the church, from prison. 3 Bl. Comm. 102.

DE EXCOMMUNICATO RECAPIEN- DO. Writ for retaking an excommunicated person, where he had been liherated from prison without making satisfaction to the church, or giving security for that purpose. Reg. Orig. 67.

DE 1-IXCUSATIONIIBUS. “Concerning excuses.” This is the title of book 27 oi! the Psndects, (in the Corpus Juris (‘ivi'lis.) it treats of the circumstances which excuse one from filling the oiiice of tutor or curator The hulk of the extracts are from Modesthius.

DE EXECUTIONE FACIENDA IN WITIIERNAMIUM. Writ for making execution in witheruam. Reg. Orig. 82b. A species of copies in withrmtmi.

DE EXECUTIONE JUDICII. A Writ directed to a sheriff or bailiff, commanding him to do execution upon a judgment. Reg. Orig. 18; Fitzh. Nat. Brsv. 20.

DE EXEMPLIFICATIONE. Writ of ex- enipliflcation. A writ granted for the exein- pliiication of an original. Reg. orig. 2901;.

DE EXONERATIONE SECTE. Writ for exooeration 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- haron, during the time of his wardship. Fitzh. Nat. Brev. 158; new Nat. Brew. 352.

324

DE FIDE ET OFFIOIO JUDICIB

DE EXPENSIS CIVIUM ET BURGER- SIUM. An obsolete writ addressed to the sheriff to levy the expenses of every citizen and hurgess of parliament. 4 lost. 46.

DE EXPENSIS MILITUM LEVANDIS. Writ for levying the expenses of kiiidn A writ directed to the sheriff for lnying the allowance for knights of the shiie iii parliament. Reg. Orig. 191b, 192.

DE FACTO. In fact, in deed, aciiislly. This phrase is used to churacteri .4‘ an oirner. I gm erument, a past action, or :1 state of ii!- falrs which exists actually and ri.‘il‘NC be noceptcd for all practical pl]l‘[ius s, but which is illegal or illegitimate. In this sane it in the contrary of do jure, which means right ful, legiiiinate, just, or constitutional Thus, an oiliter, king, or government do farm in one wiio is in actual possession of the oi]--'9 or supreme power, but by l.lS\1i‘[i€l.lluI, or irithriut rr-spoct to lawful title; while an offlcer, king, or governor de jure is one vbo has just claim ind I‘l..'.'l'ltfiJl title to the onion or power, but who has never had plenary possession or the same, or is not now is actual possession. 4 Bl. Comm. 77. 73 So a wife de facta is one whose marriage in void-ible by decree, as distinguished from I wife de jure, or lawful wife. 4 Kent. Comm 36

But the term is also frequentlv used independently of any distinction from dc jilre; thus a blockade dc farm is a blockade which is actually mainta i.ued, as distinguished from a mere paper blockade.

As to do farto “Corporation,” "Court," "Domicile," “Governinent," and "officcr," see those titles

In old English law. De facto means respecting or concerning the principal act of a murder, which was technically denomi- nated fizctum. See Fleta, lih. 1, c. 2:‘. 5 18. —De facto contract. One which has purported to pass the roperty from the owner to another. Bank v. gan. 74 N. . 575; Ed- munds v. Transp. Co., 135 Mass. 233.

DE FAIR}: ECHELLE. In French law. A clause comnioniy inserted in policies of marine insurance, equivalent to a license to touch and trade at intermediate ports. American Ins. Co. v. Griswold, 14 Wood. (N. Y.) 491.

DE FALSO -YUDICIO. Writ of false judgment. Reg. Orig. 15; Fitzh. Nat. Brev. 18. See Fuss JUDGMENT.

DE FALSO MONETA. 01' raise money. The title of the statute 27 Edw. I. ordaiiiiiig that persons importing certain coins, called "poliards," and “crolaards.” should forfeit their lives and goods, and everything they could rortelt. 2 Reeve, Eng. Law, 2228. 229.

De title at officio judicis non recipitnr

qnaestio, sad do nziontin, live sit error