Blacks Law Dict. 1st ed

443

EX CONTINENT!

EWRY

EWRY. An office in the royal house told where the table linen, etc., is taken care of. Wharton. EX. 1. A Latin preposition meaning from, out of, by, on, on account of, or ac cording to. 2. A prefix, denoting removal or cessation. Prefixed to the name of an office, relation, ttatus, etc., it denotes that the person spoken of once occupied that office or relation, but does so no longer, or that he is now out of it. Thus, «B-mayor, ea>partner, eaj-judge. 8. A prefix which is equivalent to " with out," "reserving," or "excepting." In this use, probably an abbreviation of "except." Thus, ea-interest, ecc-coupons. "A sale of bonds ' ex July coupons' means a sale reserving the coupons; that is, a sale in which the seller receives* in addition to the purchase price, the benefit of the coupons, which benefit he may realize either by detaching them or receiving from the buyer an equivalent consideration." 94 N. Y. 445. EX ABUNDANTI. Out of abundance; abundantly; superfluously; more than suffi cient. Calvin. EX ABUNDANTI CAUTELA. Lat. Out of abundant caution. "The practice has arijsen abundanti cautela. " 8 East, 326; LordEUenborough, 4 Maule & S. 544. EX ADVERSO. On the other side. 2 Show. 461. Applied to counsel. EX .35QUITATE. According to equi ty; in equity. Fleta, lib. 3, c. 10, § 3. EX JEQUO ET BONO. A phrase de rived from the civil law, meaning, in jus tice and fairness; according to what is just and good; according to equity and conscience. 8 Bl. Comm. 163. EX ALTERA FABTE. Of the other part. Ex antecedentibus et consequentibus fit optima interpretatio. The best inter pretation [of a part of an instrument] is made from the antecedents and the conse quents, [from the preceding and following parts.] 2 Inst. 317. The law will 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 in tention of the parties. Broom, Max. *577. The whole instrument is to be viewed and compared in all its parts, so that every part of it may be made consistent and effectual. 2 Kent, Comm. 555.

EX ARBITRIO JUDICIS. At, In, or upon the discretion of the judge. 4 Bl. Comm. 394. A term of the civil law. Inst. 4, 6, 81. EX ASSENSU CURIJE. By or with the consent of the court. EX ASSENSU PATRIS. By or with the consent of the father. A species of dow er ad ostium ecclesice, during the life of the father of the husband; the son, by the fa ther's consent expressly given, endowing his wife with parcel of his father's lands. Abol ished by 3 & 4 Wm. IV. c. 105, § 13. EX ASSENSU SUO. 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 applicable to property not in actual possession. Calvin. EX CATHEDRA. From thechair. Originally applied to the decisions of the popes from their cathedra, or chair. Hence, authoritative; having the weight of au thority. EX CAUSA. L. Lat. By title. EX CERTA SCIENTIA. Of certain or sure knowledge. These words were ancient ly used in patents, and imported full knowl edge of the subject-matter on the part of the king. See 1 Coke, 406. EX COLORE. By color; under color of; under pretense, show, or protection of. Thus, ex colore officii, under color of office. EX COMITATE. Out of comity or courtesy. EX COMMODATO. From or out or loan. A term applied in the old law of Eng land to a right of action arising out of a loan, (commodatum.) Glanv. lib. 10, c. 13; 1 Reeve, Eng. Law, 166. EX COMPARATIONE SCRIPTO RUM. By a comparison of writings or handwritings. A term in the law of evi dence, Best, Pres. 218. EX CONCESSIS. From the premises granted. According to what has been already allowed. EX CONSULTO. With consultation or deliberation. EX CONTINENT I. Immediately; without any interval or delay; incontinent ly. A term of the civil law. Calvin.

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