Page:Black's Law Dictionary (Second Edition).djvu/459

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EX DELICTO NON

upon a wrong or tort. e. 11., trespass. trovet. repievin These terms were known in Eng- iish law at a very early period. See Inst. 4, 1. pr.; Mackcid. Rom. Law, § 384: 3 B1. Comm. 117; Bract. toi. 1011:.

Ex rlellcto non ex supplicio emergit Lnfumia. Infamy arises from the crime, not from the punishment.

EX DEMISSIDNE, (commonly abbrevi- uleil e:r dciii.) Upon the demise. A phrase forming part of the title of the old action of cjechuciit.

EX DIRECTO. Story, Bilis, § 199.

Directly ; immediately.

Ex diuturnitate tempurls, umnia. prac- Iumuntur solemniter one actn. From length of time [after lapse of time] all things are iiresumed to have been done in due form. Co. Litt 6b; Best, Ev. Introd. 543; 1 Greenl. Ev. 5 20.

EX DOLO MALO. Out of fraud: out of dsceitful or tortious conduct. A phrase applied to ohliiziitions and causes of action viiiuted by fraud or deceit.

Ex dolo male non nritur actio. Out of fraud no action arises; fraud never gives a right of action. No court wiil lend its aid to a man who founds his cause of action upon an immoral or illegal act. Cnwp. 343; Broom Max. 729.

Ex rlonatiunilrul autem fend: mill- tnria. vel magnum serjeantium uou ountineutilius nritur nnbis quudrlam nomen gmuerale, quad est suoagium. Co. Litt. S6. Prom grants not containing military fees or grand serjeanty. a kind of general name is used by ns, which is "sot-age."

EX EMETO. Out of purchase: founded on purchase. A term of the civil law, adopted by Bracton. Inst. -1. 6, 28; Bract. 1'01. 102. See ACTIO EX Esnvro.

EX FACIE. From the face; apparently; evidently. A term applied to what appears on the face of a writing.

EX FACTO. From or In consequence of ii fact or action: actually. Usually applied to an unlawful or tortious act as the foundation of a titie_. etc. Sometimes used as equiv- aicnt to “do frwta." Bract fol. 172.

Ex faeto jna nritur. The law arises out of the fact. Broom. Max. 102. A rule of law continues in abstraction and theory, until an act is done on which it can attach and nssume as it were a body and shape. Best, Ev. lntrod. § 1.

EX FICTIONE JURIS. iaw.

By a fiction of

451

EX MALEFICIO NON

Ex frequenfl. delicto augetur poena. 2 Inst. 479. Punishment increases with icnreasing crime.

EX GRATIA. Out of grace; as a matter of grace, favor, or indulgence; gratuitous. A term applied to anytliing accorded as a favor: as distinguished from that which may he demanded em deliito, as a matter of right.

EX GRAVI QUERELA. (From or on the griei ous complaint.) 1n old F.‘ii,<:lisli practice Tiie name of a writ (so caiied from its Initial words) which lay for a person to whom any iaiids 01' tenements ln tee \\ eie Ilevised by will, (within any city, town, or hor- ough wherein lands were devisable by custom,) and the heir of the devlsor entered and detained them from him. Fitzh. Nat. Brev. 1538, L. et seq.; 3 Reeve. Eng. Law, 49. Abolished by St. 3 & 4 Wm. IV. C. 27. § 36.

EX IIYPOTHESI. upon the supposition; tarts assumed.

By the hypothesis: upon the theory or

EX INDUSTRIA. With contrirance or dcliheratinn; ilesignedly: on puriiosc. See 1 Kent, Comm. 318: Martin v. Hunter, 1 Wheat. 334. 4 L Ed. 97.

EX INTEGRO. Anew; urresn. EX JIJSTA CAIJSA. From a Just or lawful cause; by a just or lemi tilfle.

EX LEGE. By the law: by force or law; as a matter of law.

EX LEGIBUS. According to the laws. A phrase of the civil law, which means according to the intent or spirit of the law, as well as according to the words or letter. Dig. 50. 16, 6. See Calvin.

EX LICENTIA REGIS. By the king‘: license. 1 Bl. Comm. 168, note.

EX LOCATO. From or out of lease or letting. A term of the civil law. applied to actions or rights of i1Ctl0l] arising out of the contract of locamm, (u. 1;.) iiist. 4. 6. 28. Adopted at an early period in the law of ringland. Bract. to]. 102; 1 Beeve. Eng. Law, 168.

EX MALEFICIO. Growing out of, or founded upon, misdoing or tort. This term is frequently used in the civil law as the synonym of “cm dr-licto," (q. v.,) and is thus contrasted with “em contructu.” In this sense it is of more rare occurrence in the common law, though found in Bmcton, (tols. 99, 101, 102.)

Ex maleficin non oritur coutractus. A contract cannot arise out of an act radically vicious and illegal. 1 Term, 734; 3 Term, 499- Broom, Max. 734.

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