Blacks Law Dict. 1st ed

444

EX INTEGRO

EX CONTRACTU

Ex donationitras autem feoda mill* taria vel magnum serjeantium non oon tinentibus oritur nobis quoddam nomen generale, quod est sooagium. Co. Litt. 86. From grants not containing military fees or grand serjeanty, a kind of general name is used by us, which is "socage." EX EMPTO. Out of purchase; founded on purchase. A term of the civil law, adopt* ed by Bracton. Inst. 4, 6, 28; Bract, fol. 102. See ACTIO EX EMPTO. 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 a fact or action; actually. Usually ap plied to an unlawful or tortious act as the foundation of a title, etc. Sometimes used as equivalent to "de facto." Bract, fol. 172. Ex facto jus oritur. The law arises out of the fact. Broom, Max. 102. A rule of law continues in abstraction and theory, un til an act is done on which it can attach and assume as it were a body and shape. Best, Ev. Introd. § 1. EX FICTIONE JURIS. By a fiction of law. Ex frequent! delioto augetur poena. 2 Inst. 479. Punishment increases with in creasing crime. EX GRATIA. Out of grace; as a mat ter of grace, favor, or indulgence; gratui tous. A term applied to anything accorded as a favor; as distinguished from that which may be demanded ex debito, as a matter of right. EX GRAVI QUERELA. (From oron the grievous complaint.) In old English practice. The name of a writ (so called fiom its initial words) which lay for a person to whom any lands or tenements in fee were de vised by will, (within any city, town, or bor ough wherein lands were devisable by cus tom,) and the heir of the devisor entered and detained them from him. Fitzh. Nat. Brev. 198, L, et seq.; 3 Reeve, Eng. Law, 49. Abolished by St. 3 & 4 Wm. IV. c 27, § 36. EX HYPOTHESI. By the hypothesis; upon the supposition; upon the theory or facts assumed. EX INDUSTRIA. With contrivance or deliberation; designedly; on purpose. See 1 Kent, Comm. 318; 1 Wheat. 304. EX INTEGRO. Anew; afresh.

EX CONTRACTU. Prom or out of a contract. In both the civil and the common law, rights and causes of action are divided into two classes,—those arising ex contraotu, (from a contract,) and those arising ex delio to, (from a delict or tort.) See 3 £1. Comm. 117; Mackeld. Rom. Law, § 384. EX CURIA. Out of court; away from the court. EX DEBITO JUSTITL2B. From or as a debt of justice; in accordance with the re quirement of justice; of right; as a matter of right. The opposite of ex gratia, (q. v.) 8 Bl. Comm. 48, 67. EX DELICTO. From a delict, tort, fault, crime, or malfeasance. In both the civil and the common law, obligations and causes of action are divided into two great classes, —those arising ex contractu, (out of a con tract,) and those ex delicto. The latter are such as grow out of or are founded upon a wrong or tort, e. g., trespass, trover, replev in. These terms were known in English law at a very early period. See Inst. 4, 1, pr.; Mackeld. Rom. Law, § 384; 3 Bl. Comm. 117; Bract, fol. 1016. Ex delicto non ex supplicio emergit infamia. Infamy arises from the crime, not from the punishment. EX DEMISSIONE, (commonly abbrevi ated ex dem.) Upon the demise. A phrase forming part of the title of the old action of ejectment. EX DIRECTO. Directly; immediately. Story, Bills, § 199. Ex diuturnitate temporis, omnia pree sunmntur solemniter esse acta. From length of time [after lapse of time] all things are presumed to have been done in due form. Co. Litt. 66; Best, Ev. Introd. § 43; 1 Greenl. Ev. § 20. EX DOLO MAIiO. Out of fraud; out of deceitful or tortious conduct. A phrase applied to obligations and causes of action vitiated by fraud or deceit. Ex dolo malo non oritur actio. Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or illegal act. Cowp. 343; Broom, Max. 729. EX DEPECTU SANGUINIS. failure of blood; for want of issue. From

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