Blacks Law Dict. 1st ed

447

EX UNO DISCES OMNES

EX POST FACTO LAW

ate is retrospective, but not ex post facto. Con stitutions of nearly all the states contain prohibi tions against ex post facto laws, but only a few forbid retrospective legislation in specific terms. Black, Const. Prohib. §§ 170,172, 222. Retrospective laws divesting vested rights are impolitic and unjust; but they are not "ex post facto laws," within the meaning of the constitu tion of the United States, nor repugnant to any other of its provisions; and, if not repugnant to the state constitution, a court cannot pronounce them to be void, merely because in their judgment they are contrary to the principles of natural jus tice. 2 Paine, 74. Every retrospective act is not necessarily an ex post facto law. That phrase embraces only such laws as impose or affect penalties or forfeitures. i Wall. 172. Retrospective laws which do not impair the ob ligation of contracts, or affect vested rights, or partake of the character of ex post facto laws, are not prohibited by the constitution. 86 Barb. 447. Ex preecedentibus et consequentibus optima fit interpretatio. 1 Eoll. 374. The best interpretation is made from the context. EX PILECOGITATA MALICIA. Of malice aforethought. Beg. Orig. 102. EX PROPRIO MOTXJ. Of his own ac cord. EX PROPRIO VIGORE. By their or Its own force. 2 Kent. Comm. 457. EX PROVISIONE HO MINIS. By the provision of man. By the limitation.of the party, as distinguished from the disposi tion of the law. 11 Coke, 806. EX PROVISIONE MARITI. From the provision of the husband. EX QUASI CONTRACTU. From quasi contract. Fleta, lib. 2, c. 60. EX RELATIONE. Upon relation or in foimation. Legal proceedings which are in stituted by the attorney geneial (or other proper person) in the name and behalf of the state, but on the information and at the in stigation of an individual who has a private interest in the matter, are said to be taken "on the relation" (ex relatione) of such per son, who is called the "relator." Such a cause is usually entitled thus: "State ex rel. Doe v. Roe." In the books of reports, when a case is said to be reported ex relatione, it is meant that the reporter derives his account of it, not from personal knowledge, but from the rela tion or narrative of some person who was present at the argument. EX RIGORE JURIS. According to the rigor or strictness of law; in strictness of taw. Fleta, lib 3. c. 10, ? %

EX SCRIPTIS OLIM VISIS. From writings formerly seen. A term used as de scriptive of that kind of proof of handwriting where the knowledge has been acquired by the witness having seen letters or other doc uments professing to be the handwriting of the party, and having afterwards communi cated personally with the party upon the con tents of those letters or documents, or hav ing otherwise acted upon them by written answers, producing further correspondence or acquiescence by the party in some matter to which they relate, or by the witness trans acting with the party some business to which they relate, or by any other mode of commu nication between the party and the witness which, in the ordinary course of the trans actions of life, induces a reasonable presump tion that the letters or documents were the handwriting of the party. 5 Adol. & E. 730. EX STATUTO. According to the stat ute. Fleta, lib. 5, c. 11, § 1. EX STIPULATU ACTIO. In the civil law. An action of stipulation. An action given to recover marriage portions. Inst. 4, 6, 29. EX TEMFORE. From or in conse quence of time; by lapse of time. Bract, fols. 51, 52. Ex diutwno tempore, from length of time. Id. fol. 516. Without preparation or premeditation. EX TESTAMENTO. From, by, or un der a will. The opposite of ab intestato, {q. v.) Ex tota materia emergat resolutio. The explanation should arise out of the whole subject-matter; the exposition of a statute should be made from all its paits together. Wing. Max. 238. Ex turpi causa non oritur aotio. Out of a base [illegal, or immoral] consideration, an action does [can] not aiise. 1 Selw. N. P. 63; Broom, Max. 730, 732; Story, Ag. §195. Ex turpi contractu actio non oritur. From an immoral or iniquitous contract an action does not arise. A contiact founded upon an illegal or immoral consideration can not be enforced by action. 2 Kent, Comm. 466; Dig. 2, 14, 27, 4. EX UNA PARTE. Of one part or side; on one side. Ex uno disces omnes. From one thing you can discern all.

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