22-APR-1991
17:36
CONSTITUTIONAL AFFAIRS BR
852 840 1976
P.06
25
in office, dependeu upon che propriety of their election. It might tanú, doubts were cast upon them,
to
consequences of the most destructive kind. It would create uncertainty with. respect to the obedience to public officers, and it might lead also to
instead of resorting to persons,
ordinary legal remedies to set right anything done by the officers, taking the law into their own hanus
• • •
11
The decisions indicate that the doctrine
the office-holder will apply only where
it was
has 'colourable authority' or some colour of title to the appointment. Where the registrar of the Bedford Level company employed a deputy to register land titles within the Level, held that registrations effected by the deputy after the death of the registrar was known were 'invalid: the deputy's authority expired on the death of his principal, and once the death was generally known the deputy could not be taken to have any colour of authority to
Lord Ellenporough CJ said:
act,
"An officer de facto is one who has the reputation of being the officer he
is not a good' asaumes to be, and yet officer in point of law....
-
variety
The de facto doctrine has a long history and has been applied to a wide of officers.
was even said to have applied to the monarchy, might validate
It
iţ so that
wexe
At:
the
acts done in the names of kings whose title to the throne was considered illegitimate and who kings 'in fact and not in law'. other end of the scale the doctrine was invoked from an early date to upholu copynola titles enrolled by stewards of ManorS who were not properly appointed. Offices were long considered to be form of property, and Wrongful possession of an office may be compared with wrongful possession of land: just
Of land may as a wronyful occupier
a
validly exercise an owner's powers (to convey,
suc
for
trespass,
etc.)
against
92 ́d BLSO 698 298
8 פ 3
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