KFLCC Kingdom Law 2nd Ed.

454

EX EIGORE JURIS

EXALTARE

to be reported ex relatione, it is meant that the reporter derives his account of it, not from personal knowledge, but from the rela tion or narrative of some person who was present at the argument. EX RIGORE JURIS. According to the rigor or strictness of law; in strictness of law. Fleta, lib. 3, c. 10, § 3. EX SCRIPTIS OLIM VISIS. From writings formerly seen. A term used as de scriptive of that kind of proof of handwriting where the knowledge has been acquired by the witness having seen letters or other doc uments professing to be the handwriting of the party, and having afterwards communi cated personally with the party upon the con tents of those letters or documents, or hav ing otherwise acted upon them by written answers, producing further correspondence or acquiescence by the party in some matter to which they relate, or by the witness trans acting with the party some business to which they relate, or by any other mode of commu nication between the party and the witness which, in the ordinary course of the trans actions of life, induces a reasonable presump tion that the letters or documents were the handwriting of the party. 5 Adol. & E. 730. EX STATUTO. According to the statute. Fleta, lib. 5, c. 11, § 1. EX STIPUI*ATU ACTIO. In the civil law. An action of stipulation. An action given to recover marriage portions. Inst. 4, 6, 29. EX TEMPORE. From or in consequence of time; by lapse of time. Bract, fols. 51, 52. Ex diuturno tempore, from length of time. Id. fol. 51&. Without preparation or premeditation. EX TESTAMENTO. From, by, or un der a will. The opposite of a& intestato, (q. v.) Ex tota materia emergat resolutio. The explanation should arise out of the whole subject-matter; the exposition of a statute should be made from all its parts together. Wing. Max. 238. Ex turpi causa non oritur actio. Out of a base [illegal, or immoral] consideration, an action does [can] not arise. 1 Selw. N. P. 63; Broom, Max. 730, 732; Story, Ag. § 195." Ex turpi contractu actio non oritur. From an immoral or iniquitous contract an action does not arise. A contract founded upon an illegal or immoral consideration can not be enforced by action. 2 Kent, Comm. 466; Dig. 2, 14, 27, 4. EX UNA PARTE. Of one part or side; on one side.

Ex uno disces omnei, From one thing you can discern all. EX UTRAQUE PARTE. On both sides. Dyer, 1266. EX UTRISQUE PARENTIBUS CON JUNCTI. Related on the side of both par ents; of the whole blood. Hale, Com. Law, c 11. 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, 24b; Homer v. Shelton, 2 Mete. (Mass.) 213. Ex vtscenius verborum, from the mere words and nothing else. 1 Story, Eq. Jur. § 980; Fisher v. Fields, 10 Johns. (N. Y.) 495. 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 visitatione Dei." EX VISU 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 offi cer extorts more than his due, when something is due to him; in the latter, he exacts what ia not his due, when there is nothing due to him. Co. Litt. 368. 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. In old English law. To raise; to elevate. Frequently spoken of wa ter, i. e., to raise the surface of a pond or pool. EXALTARE.