KFLCC Kingdom Law 2nd Ed.

EX MALEFICIO NON

451

EX DELICTO NON

Ex frequent! delicto augetur poena. 2 Inst 479. Punishment increases with in creasing crime. EX GRATIA. Out of grace; as a matter of grace, favor, or indulgence; gratuitous. A term applied to anything accorded as a favor; as distinguished from that which may be demanded ex deoito, as a matter of right EX GRAVI QUERELA. (From or on the grievous complaint.) In old English prac tice. The name of a writ (so called from 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. Abol ished 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. Seel Kent, Comm. 318; Martin v. Hunter, 1 Wheat 334, 4 L. Ed. 97. EX INTEGRO. Anew; afresn. 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 pf the law, as well as according to the words or letter. Dig. 50, 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, (q. v.) Inst 4, 6, 28. Adopted at an early period in the law of Eng land. Bract fol. 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. v.,) and is thus contrasted with "ex contractu." In this sense it is of more rare occurrence in the common law, though found in Bracton, (fols. 99, 101, 102.) Ex maleficio non oritur contractus. A contract cannot arise out of an act radically vicious and illegal. 1 Term, 734; 3 Term, 422; Broom, Max. 734.

upon a wrong or tort, e. g., trespass, trover, replevin. These terms were known in Eng lish 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 infaania. Infamy arises from the crime, not from the punishment EX DEMISSIONE, (commonly abbrevi ated ex dent.) Upon the demise. A phrase forming part of the title of the old action of ejectment. EX DIRECTO. Directly; immediately. Story, Bills, § 199. Ex diutoraitate temporis, omnia prse sumuntur solemniter esse acta. From length of time [after lapse of time] all things are presumed to have been done in due form. Ob. Litt 66; Best Ev. Introd. § 43; 1 GreenL Ev. § 20. EX DOLO MALO. 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 up on an immoral or illegal act Cowp. 343; Broom, Max. 729. Ex donationibns antem feoda mill taria vel magnum serjeantium non con tinentibus oritur nobis quoddam somen gemerale, quod est socagium. Ob. 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 applied to an unlawful or tortious act as the founda tion of a title, etc. Sometimes used as equiv alent 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, Bv. Introd. § 1. EX FICTIONE JURIS. By a fiction of law.