Blacks Law Dict. 1st ed

EX CJTRAQUE PARTE

448 EXAMINATION OF BANKRUPT

EX UTEAQUE PARTE. Onboth sides. Dyer, 1266. EX UTRISQUE PARENTIBUS CON JUNCTI. Related on the side of both par ents; of the whole blood. Hale, Com. Law, e l l . EX VI TERMINI. From or by the force of the term. From the very meaning of the expression used. 2 Bl. Comm. 109, 115. EX VISCERIBUS. From the bowels. From the vital part, the very essence of the thing. 10 Coke, 246; 2 Mete. (Mass.) 213. Ex visceribus verborum, from the mere words and nothing else. 10 Johns. 494; 1 Story, Eq. Jur. § 980. EX VISITATIONE DEI. By the dis pensation of God; by reason of physical in capacity. Anciently, when a prisoner, being arraigned, stood silent instead of pleading, a jury was impaneled to inquire whether he obstinately stood mute or was dumb ex visi tatione Dei. 4 Steph. Comm. 394. Also by natural, as distinguished from vio lent, causes. When a coroner's inquest finds that the death was due to disease or other natural cause, it is frequently phrased "ex visitations Dei. " EX VISIT SCRIPTIONIS. From sight of the writing; from having seen a person write. A term employed to describe one of the modes of proof of handwriting. Best, Pres. 218. EX VOLUNTATE. Voluntarily; from free-will or choice. EXACTION. The wrongful act of an of ficer or other person in compelling payment of a fee or reward for his services, under color of his official authority, where no pay ment is due. Between "extortion" and "exaction" there is this difference: that in the former case the officer extorts more than his due, when something is due to him; in the latter, he exacts what is not his due, when there is nothing due to him. Co. Litt. 868. EXACTOR. In the civil law. A gath erer or receiver of money; a collector of taxes. Cod. 10, 19. In old English law. A collector of the public moneys; a tax gatherer. Thus, ex actor regis was the name of the king's tax collector, who took up the taxes and other debts due the treasury. EXACTOR REGIS. The king's col lector of taxes; also a sheriff.

EXALTARE. In old English law. To raise; to elevate. Frequently spoken oi water, i. «., to raise the surface of a pond or pool. EXAMEN. L. Lat A trial. Examen computi, the balance of an account. Townsh. PI. 228. EXAMINATION. An investigation; search; interrogating. In trial practice. The examination of a witness consists of the series of questions put to him by a party to the action, or his coun sel, for the purpose of bringing before the court and jury in legal form the knowledge which the witness has of the facts and mat ters in dispute, or of probing and sifting his evidence previously given. The examination of a witness by the party producing him is denominated the "direct ex amination;" the examination of the same wit ness, upon the same matter, by the adverse party, the "cross-examination." The direct examination must be completed before the cross-examination begins, unless the court otherwise direct. Code Civil Pioc. Cal. § 2045. In criminal practice. An investigation by a magistrate of a person who has been charged with crime and arrested, or of the facts and circumstances which are alleged to have attended the crime and to fasten sus picion upon the party so charged, in order to ascertain whether there is sufficient ground to hold him to bail for his trial by the proper court. EXAMINATION DE BENE ESSE. A provisional examination of a witness; an examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the proviso that the deposition so taken may be used on the trial in case the witness is un able to attend in person at that time or can not be produced. EXAMINATION OF A LONG AC COUNT. This phrase does not mean the examination of the account to ascertain the result or effect of it, but the proof by testi mony of the correctness of the items com posing it. 5 Daly, 63. EXAMINATION OP BANKRUPT. This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, touching the state of his property. This is authorized in the United States by Rev. St.

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