Blacks Law Dict. 1st ed

EX JUSTA CAUSA

EX OFFICIO INFORMATION

445

EX JUSTA CAUSA. From a just or lawful cause; by a just or legal title. EX LEGE. By the law; by force of law; as a matter of law. EX LEGIBUS. According to the laws. A phrase of the civil law, which means ac cording to the intent or spirit of the law, as well as accoiding to the words or letter. Dig. 60, 16, 6. See Calvin. EX LICENTIA REGIS. By the king's 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 action arising out of the contract of locatum, (g. v.) Inst. 4, 6, 28. Adopted at an early peiiod in the law of Eng land. Biact. iol. 102; 1 Reeve, 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 "ex delicto," (q. ©.,) and is thus contrasted with " ex conti actu." In this sense it is of more rare occurrence in the common law, though found in Bracton, (fols. 99, 101, 102.) Ex maleflcio non oritur contractus. A contract cannot arise out of an act radically vicious and illegal. 1 Term 734; 3 Term 422; Broom, Max. 734. Ex malis moribus bonse leges natse aunt. 2 Inst. 161. Good laws arise from evil morals, i. e., are necessitated by the evil behavior of men. EX MERO MOTU. Of his own mere motion; of his own accord; voluntarily and without prompting or leq'iest. Royal let ters patent which are granted at the crown's own instance, and without request made, are said to be granted ex mero motu. When a court interferes, of its own motion, to object to an irregularity, or to do some thing which the parties are not strictly en titled to, but which will prevent injustice, it is said to act ex mero motu, or ex proprio motu, or sua sponte, all these terms being here equivalent. EX MORA. From or in consequence of delay. Interest is allowed ex mora; that is, where there has been delay in returning a sum borrowed. A term of the civil law. Story, Bailm. § 84. EX MORE. According to custom. Calvin.

Ex multitudine signorum, colligitur identitas vera. From a great number of signs or marks, true identity is gathered or made up. Bac. Max. 103, in regula 25. A thing described by a great number of marks is easily identified, though, as to some, the description may not bp striHip correct. Id, EX MUTUO. From or out of loan. In the old law of England, a debt was said to arise ex mutuo when one lent another any thing which consisted in number, weight, or measure. 1 Reeve, Eng. Law, 159; Bract, fol. 99. EX NECESSITATE. Of necessity. 8 Rep. Ch. 123. EX NECESSITATE LEGIS. From or by necessity of law. 4 Bl. Comm. 394. EX NECESSITATE REI. From the necessity or urgency of the thing or case. 2 Pow. Dev. (by Jarman.) 308. Ex nihilo nihil fit. From nothing noth ing comes. 13 Wend. 178, 221; 18 Wend. 257, 301. Ex nudo pacto non oritur [nascitur] actio. Out of a nude or naked pact [that is, a bare parol agreement without consider ation] no action arises. Bract, fol. 99; Fleta, lib. 2, c. 56, § 3; Plowd. 305. Out of a promise neither attended with particular solemnity (such as belongs to a specialty) nor with any consideration no legal liability can arise. 2 Steph. Comm. 113. A parol agreement, without a valid consideration, cannot be made the foundation of an action. A leading maxim both of the civil and com mon law. Cod. 2, 3, 10; Id. 5, 14, 1; 2 Bl. Comm. 445; Smith, Cont. 85, 86. EX OFFICIO. From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office. Powers may be exercised by an officer which are not spe cifically conferred upon him, but are neces sarily implied in his office; these are ex officio. Thus, a judge has ex officio the powers of a conservator of the peace. Courts are bound to notice public statutes judicially and ex officio. EX OFFICIO INFORMATION. In English law. A criminal information filed by the attorney general ex officio on behalf of the crown, in the court of queen's bench, foi offenses more immediately affecting the gov ernment, and to be distinguished from infor mations in which the crown is the nominal

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