Page:Black's Law Dictionary (Second Edition).djvu/460

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EX MALIS MORIBUS

Ex malis moi-ilms lionie leges nntie lnnt. 2 Inst. 1151. Good laws arise from ei a morals. 1'. e., are necessitated by the evil behavior of men.

EX MALITIA. From malice: maliciously. In the law of lihel and slander. this term imports a publication that is false and without iogai excuse. Dixon v. Allen, 09 Cal. ’ ' 11 Pac. 179.

Ex MERO MOTU. Of his own mere motion: of his oiin accord; voiunt-iriiy and with-~it prompting or request. ltoyiil lettcis patent Wl..Lll'l.l are granted at the (-rown‘s or vi iiI.st.'inCe, and without request made, are said to be gianted on micro mom. When a court interferes, of its own motion, to object to an irrogiilarity, or to do something which the parties are not strictly eutitied to. hut which will prevent injustice, it is said to act (am more m/nlit, or (‘I fiI‘0[JliO mom, or sun. sponta, all these terms being here equivalent.

Ex MORA. From or in consequence of delay. liitircst is allowed em mom; that is, where there has been delay in returning a sum horrnncd. A term of the civil law. Story, i3.ii.lJ.u. 5 84.

EX MORE. vin.

According to custom. Cal-

Ex mnltitndino sigtnnnun, colligitllr identitas VE1‘ll. From a great numher of signs or marks, true identity is gathered or made np. Bac. Max. 103, in rcgula 25. A thing described by a great number of marks is easily identified, though, as to some, the description may not be strictly correct. Id.

EX MUTUO. From or ont of loan. In the old law of England. a debt was said to arise ea: muluo when one lent another any- thing which consisted in nnniber, weight, or measure. 1 Reeve. Eng. Law. 159: Brad. fol. 99.

EX NECESSITATE. Of necessity. 3 Rep. Ch. 123. —-Ex necessitate legis. From or by necessity of invi. 4 Bl. Coinm. 39-.i.—Ex necessitate rei. From the necessity or nr-rency of the thing or case. 2 Pow. Dev. (by j5ll111£iD,)

Ex nihilo nihil fit. From nothing nothing comes. Jackson v. Waidi-on, 13 Wend. (N. Y.) ITS, 221.; Root v. Stuyvesant, 18 Wend. (N. Y.) 2 I, 301.

Bi: undo pact» non oritnr [narcitiu-] netia. Out of a nude or naked pact [that is, a hare pnrol agreement without consideration] no nction arises. Bract. fol. 99; Fietn, lib. 2. c. 56, § 3: Piowd. 305. Out of a promise neither attended wlth particular soiem- nity (such as belongs to a speciaity) nor with any consideration no legal liability can arise.

452

EX PARTE PATERNA

2 Steph. Comm. 113. A paroi agreement. without a valid consideration. cannot be made the fonndation of an action. A leading maxim hoth of the civil and conunou law. Can. ‘.2, 3, 10; Id. 5, 14, 1; 2 BL Comm. 4-1:‘): smith, Cont. S5, 56.

Ex OFPICIO. 1‘rom offico-, by virtue or

the office: without any other warrant or appointment than that resulting fruu the holding of a particular oillce. Powers his be exercised by an officer is hich are not spo- (.1fi(‘al.ly conferred upon him, but ars necessariiy implied in his oihce; these are ear officio. Thus. a judge has em o/licfa the pow- ers of a conservator of the ]')Gil('E Courts are bound to notice public statutes jndieially and 0.1: officio. -—Ex offinio information. In English law. A criminal ini'urni'iLion iiicd by the attorney general em ofluiu on iichaif of the Cl‘OWTL in the court of l(in2's bench, for offenses more im- mediaieiv alIi-cting the government, and to be distiusuished from informntions in which the crniiu is the nominal prosecutor. Mozlev iii “liit|c); 4 Sic-ph. Conim. 37‘_43T8.—Ex oiiicio oath. An oath taken by olIending prisuta; abolished by 13 Cal‘. II. St. 1, c 12.

Ex pncto lllicito non oritur actlo. From an illegal contract an action does not ' Broom, Max. 742. See 7 Clark & F.

EX PARTE. On one side only; by or for one party: done for. in behalf of, or on the appiication of, one party only. A judicial proceeding. order, injunction, etc., is said to he or parts -when it is taken or granted at the instance and for the benefit or one pirty only, and witliout notice to, or Contestation by, any person adversely interested.

"E'.r parie," in the heading of a reported case. signifies that the name following la that of the party upon whose application the case is heard.

In its primary sense, no porn, as applied [0 an appiication in a judicial proceeding. rncnns that it is made by a person who is not in party to the proceeding, but who has an interest in the matter which entitles him to make i‘.-u uppiication. Tbiis, in a bankruptcy proceeding or an administration action, an application_hy A. B.. R creditor, or the like, wouid be described as

mode “so pd/rte A. B.." 0. 2.. on the part of A. B.

i more usuai sense. ea: parts means that an appiication is made by one party to a proceeding in the absence of the other. Thus, an em pm-to injunction is one granted witbnnt’the opposite party having had notice of the ap1irc:ition. It wouid not be calicd "es fmrte" if he had pl'(iDE'l' notice of it, and chose not to appear to oppose it. Sweet.

EX PARTE MATERNA. On the mother's side; of the maternal line. EX PARTE PATERNA. On the fa-

ther's side; of the paternal line.

The phrases “ea: parte materna“ and "em pm-is puicrmi." denote the line or biood of the mother or father, and have no such restricted or limited sense as from the mother or father exclu-

sively. Banta v. Demnrest. 24 N. J. Law. 43].