KFLCC Kingdom Law 2nd Ed.

EX MAL1S MORIBUS

452

EX PARTE PATERNA

Ex mails moribns bouse leges natae sunt. 2 Inst 161. Good laws arise from evil morals, i. e., are necessitated by the evil behavior of men. From malice; malicious ly. In the law of libel and slander, this term imports a publication that is false and without legal excuse. Dixon v. Allen, 69 Cal. 527, 11 Pac 179. Of his own mere motion; of his own accord; voluntarily and without prompting or request. 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 something which the parties are not strictly entitled 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 MALITIA. EX MERO MOTU. vin. Ex nvnltitudine 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 he strictly correct. Id. 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 neces sity of law. 4 Bl. Comm. 394—Ex necessi tate 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. Jackson v. Waldron, 13 "Wend. (N. Y.) 178, 221; Root v. Stuyvesant, 18 Wend. (N. Y.) 257, 301. Ex nado pacto non oritur [nascitnr] actio. Out of a nude or naked pact [that is, a bare parol agreement without considera tion] no action arises. Bract fol. 99; Fleta, lib. 2, c. 56, § 3; Plowd. 305. Out of a prom ise neither attended with particular solem nity (such as belongs to a specialty) nor with any consideration no legal liability can arise. EX MUTUO. 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. Cal

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 common 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 ear officio. Thus, a judge has ex officio the pow ers 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 king's bench, for offenses more im mediately affecting the government, and to be distinguished from informations in which the crown is the nominal prosecutor. Mozley & Whitley; 4 Steph. Comm. 372-378.—Ex officio oath. An oath taken by offending priests; abolished by 13 Car. II. St. 1, c. 12. Ex pacto illicito non oritnr actio. From an illegal contract an action does not arise. Broom, Max. 742. See 7 Clark & F. 729. EX PARTE. On one side only; by or for one party; done for, in behalf of, or on the application of, one party only. A judicial proceeding, order, injunction, etc., is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to, or contestation by, any person adversely interested. "Ex parte," in the heading of a reported case, signifies that the name following is that of the party upon whose application the case Is heard. In its primary sense, ex parte, as applied to an application in a judicial proceeding, means that it is made by a person who is not a party to the proceeding, but who has an interest in the matter which entitles him to make the ap plication. Thus, in a bankruptcy proceeding or an administration action, an application by A. B., a creditor, or the like, would be described as made "ex parte A. B.," i. e., on the part of A. B. In its more usual sense, ex parte means that an application is made by one party to a pro ceeding in the absence of the other. Thus, an ex parte injunction is one granted without the opposite party having had notice of the applica tion. It would not be called "ex parte" if he had proper notice of it, and chose not to appear to oppose it. Sweet. EX PARTE MATERNA. On the moth er's side; of the maternal line. EX PARTE PATERNA. On the fa ther's side; of the paternal line. The phrases "ex parte materna" and "ex part* paterna" denote the line or blood of the mother or father, and have no such restricted or limit ed sense as from the mother or father exclu sively. Banta v. Demarest, 24 N. J. Law, 431-