KFLCC Kingdom Law 2nd Ed.

453

EX RELATIONE

EX PARTE TALIS

tion of an ex post facto law is sanctioned by long usage. Strong v. State, 1 Blackf. (Ind.) 196. The term "ex post facto law," in the United States constitution, cannot be construed to in clude and to prohibit the enacting any law aft er a fact, nor even to prohibit the depriving a citizen of a vested right to property. Calder v. Bull, 3 Dall. 386, 1 L. Ed. 648. "Ex post facto" and "retrospective" are not convertible terms. The latter is a term of wid er signification than the former and includes it All ex post facto laws are necessarily retro spective, but not e converso. A curative or confirmatory statute is retrospective, but not ex post facto. Constitutions of nearly all the states contain prohibitions against ex post facto laws, but only a few forbid retrospective legis lation 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 constitution of the United States, nor repugnant to any other of its provisions; and, if not re pugnant to the state constitution, a court can not pronounce them to be void, merely because in their judgment they are contrary to the prin ciples of natural justice. Albee v. May, 2 Paine, 74, Fed. Cas. No. 134. Every retrospective act is not necessarily an ex post facto law. That phrase embraces only •such laws as impose or affect penalties or for feitures. Locke v. New Orleans, 4 Wall. 172, 18 L. Ed. 334. Retrospective laws which do not impair the obligation of contracts, or affect vested rights, or partake of the character of ex post facto laws, are not prohibited by the constitution. Bay v. Gage, 36 Barb. (N. Y.) 447. Ex praecedentibns et conseqnentilras optima fit interpretation 1 Roll. 374. The best interpretation is made from the context. EX PRJECOGITATA MALICIA. Of malice aforethought Reg. Orig. 102.

EX PARTE TALIS. A writ that lay for * bailiff or receiver, who, having auditors appointed to take his accounts, cannot obtain of them reasonable allowance, but is cast into prison. Fitzh. Nat. Brev. 129. Ex panels dictis intendere plnrima possis. Litt. § 384. You can imply many things from few expressions. Ex panels plnrima concipit ingeninm. Litt. § 550. From a few words or hints the understanding conceives many things. EX POST FACTO. After the fact; by an act or fact occurring after some previous act or fact, and relating thereto; by subse quent matter; the opposite of ab initio. Thus, a deed may be good ab initio, or, if invalid at its inception, may be confirmed by matter ex post fa

EX PROPRIO MOTU.

Of his own ac

cord.

EX PROPRIO VIGORS.

By their or

its own force. 2 Kent, Comm. 457.

EX PROVISIONE HOMINIS. By the provision of man. By the limitation of the party, as distinguished from the disposition of the law. 11 Coke, 806.

EX PROVISIONE MARITI.

From the

provision of the husband.

EX QUASI CONTRACTU. contract Fleta, lib. 2, c 60.

From

quasi

EX RELATIONE. Upon relation or in formation. Legal proceedings which are in stituted by the attorney general {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