Page:Black's Law Dictionary (Second Edition).djvu/458

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EX ABUNDANTI

EX ABUNDANTI. Out of abundance: ubundantiy; superfiuously; more than sulficient. Calvin.

EX AZBUNDANTI CAUTELA. Ilat. Out of ahundant caution. “The practice has arisen abuudarzti cautcla." 8 East, 3:36; lord Elienhorough_ 4 Maule 8: S. 544.

EX ADVERSO. On the other side. 2 Show. 46]. Appiied to counsel.

EX EQUITATE. According to equity; in equity. Fleta, lib. 3, c. 10. § 3.

EX ZEQUO ET BOND. A phrase de- rived from the civil law. meaning, in justice and fairness; according to what is just and good; according to equity and conscience. 3 Bl. Comm. 163.

EX ALTERA PARTE. part.

01' the other

Ex antecedentilrns at consequentilvul fit optima interpx-etatio. The best interpretation [of a part of au instrument] is made from the antecedents and the conse- quents. [from the preceding and following parts.) 2 Inst 317. The la\v rviil judge of a deed or other instrument, consisting of divers parts or clauses, by looking at the whole; and will give to each part its proper office. so as to ascertain and carry out the intention of the parties. Broom, Max. ‘£377. The “hole instrument is to be viewed nnd compared in all its parts, so that every part of it may be mude consistent and eftectuui. 2 Kent. Comm. 555.

EX ARBITRIO JUDICIS. At, in, or upon the discretion of the judge. 4 B1. Comm. 394. A term of the civil law. Inst. 4. 6, 31.

EX ASS]-JNSU CURIE. consent of the court.

By or with the

EX ASSENSU PATRIS. By or with the consent or the father. A species of dower ad ostimn ecclt-aim, during the life of the rather of the husband; the son, by the father's consent expressiy given, endowing his wife \\ith parcel of his fnti:er’s lands. Abolished Ivy 3 & 4 ‘Vin. IV. C. 105. § 13.

EX ASSENSU SUD. With his assent. Formal words in judgments for damages by default. Comb. 220.

EX BONIS. Of the goods or property. A term of the civil law; distinguished from In bonis, as being descriptive of or appiica— ble to property not in actual possession. Calvin.

EX CATHEDRA. From the chair. Originally applied to the decisions or the

450

EX DELIGTO

popes from their cathedra, or chair. Hence, authoritative; having the weight of authority.

EX CAUSA. L. Lat. By title.

EX CERTA SGIENTIA. 01' certain or aure knowledge. These words were ancient- ly used in patents, and Imported full knowl- edge of the subject-matter on the part oi the king. See 1 Coke, 40b.

EX COLORE. By color; under color oi. under pretense, show, or protection of '.'L‘hus. ez oolnre offic-ii, under color or officc

EX COMITATE. courtesy.

Ont of comity 0!

Ex COMMODATO. From or out of loan. A term 31-piiod in the old law of England to a right of action arising out of :1 loan, (comma¢lrztum.) Glnnv. llb. 10, ¢'_ 13: 1 Beeve. Eng. Law, 166.

EX COMPARATIONE SCRIPTORUM. By a comparison of writinga or handwrit- lugs. A term in the law of evidence. Best Pres. 218.

EX CONCESSIS. From the premises granted. According to what has been ul- resdy allowed.

EX GONSULTD. With consultation or deliberation.

EX CONTINENTI. Immediately; Without any interval or delay: inconfiuently. A term of the civil law. Galvin.

EX CDNTRACTU. From or out of a contract In ilvfli the civil nnd the common law, rights and causes of action are divided into two classcs_—those fil'iSllI,‘Z cw covltractfu, (from a contract.) and those arising as delicto. (from a delirt or tort.) See 3 Bl. Comm. 117; Maclield. Rom. Law, § 354. See Schnrf V. People, 134 Ili. 2-10. 2-! N. E. 761.

EX CURIA. the court.

Out of court; away from

EX DEBITO JUSTYFIE. From or RS a debt of justice; in accordance with the re- quirement of justice; of right; as a mutter of right. The opposite of em gratin, (41. v.) 3 Bl. Comm. 48, 67.

Ex DEFECTU SANGUINIS. ure of blood; for want of issue

From iuii

EX DELIGTO. From a deiict, tort. fault, crime, or maifensance. In both the civil and the common law, obligations and causes of action are divided into two great

classes,—those arising em contra:-tu, (out of a contract.) and those cw deli:-to. The latter are such as grow out of or are founded