KFLCC Kingdom Law 2nd Ed.

450

KX ABUNDANTI

EX DELICTO

EX ABUNDANTI. Out of abundance; abundantly; superfluously; more than suffi cient. Calvin. Lat Out of abundant caution. "The practice has arisen abundwnti cautela" 8 East, 326; Lord Ellenborough, 4 Maule & S. 544. EX ADVERSO. On the other side. 2 Show. 461. Applied to counsel. EX .2EQUITATE. 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 con science. 3 Bl. Comm. 163. EX ALTERA PARTE. Of the other part Ex antecedentitras et consequentilras fit optima interpretation 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 Intention 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 CURLS. By or with the consent of the court EX ASSENSU PATRIS. By or with the consent of the father. A species of dower ad ostium ecclesics, 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 Wra. 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 applica ble to property not in actual possession Calvin. EX CATHEDRA. From the chair. Originally applied to the decisions of the EX ABUNDANTI CAUTELA.

popes from their cathedra, or chair. Hence, authoritative; having the weight of author ity. 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 ot the king. See 1 Coke, 40&. 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 oi courtesy. EX COMMODATO. From or out of 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 SCRIPTORUM. By a comparison of writings or handwrit ings. A term in the law of evidence. Best Pres. 218. EX CONCESSIS. From the premises granted. According to what has been al ready allowed. EX CONSULTO. With consultation or deliberation. EX CONTINENTI. Immediately; with out any interval or delay; incontinently. A term of the civil law. Calvin. EX CONTRACTU. From 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 em contractu, (from a contract,) and those arising ex delic to, (from a delict or tort.) See 3 Bl. Comm. 117; Mackeld. Rom. Law, § 384. See Scharf v. People, 134 111. 240, 24 N. E. 761. EX CURIA. Out of court; away from the court EX DEBITO JUSTITL2E. 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, (g. v.) 3 Bl. Comm. 48, 67. EX DEPECTU SANGUINIS. From fail ure of blood; for want of issue. 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 contract,) and those ex delicto. The lat ter are such as grow out of or are founded