Page:Black's Law Dictionary (Second Edition).djvu/462

Rh

to be reported an relatione, it is meant that the repoiter derives his account of it, not from personal knowledge, but from the relation or narrative of some person who was present at the argument.

EX RIGORE JUEIS. According to the rigor or §l1'itLl1ESS of law; in strictness of law. Fleta, l.ih. 3, c. 10, § 3.

EX SCRIPTIS OLIM VISIS. From wiitlngs formerly seen. A term used as desrrlptne of that kind of proof of handwriti.L -.1 "here the knowledge has been acquired by the Witness havlng seen letters or other doc- uments professing to be the handwriting of the party, and having afterwards communicated personally with the part) upon the contents of those letters or r.loLu1aeuts, or having otherwise acted upon them by written answers, producing further correspondence or arquuesoente by the party in some matter to which they relate, or by the witness trans- acting nitb the party some business to \\iiiul] they relate, or by any other mode of communication between the party and the witness which. in the ordinary comse of the trains- actions of life. induces a reasonable presumption that the letters or dotuments were the handwriting of the party. 5 Adol. & E 730.

Ex STATUTO. According to the statute. l:‘leta, l.ib. 5, c. 11, § 1.

In the civil law. An action of stipulation. An action given to recover marriage portions. inst. 4, 6. 29.

mi TEVIPORE. From or in consequence of time; by lapse of time. Bract. fols. 51, 52. Ear di-uturno tempura, from length of time. id. fol. 510.

Without preparation or premeditation.

Ex T]-JSTAMI-INTO. From, by, or under a 'wi1L The opposite of ab intestate, (I1. 4:.)

Ex tots materia emergat resolntio. The explanation should arise out of the whole suinject-mutter; the exposiuon of a statute should be made from all its parts together. Wing. Max. 238.

Ex tux-pi uunla non on-itnr nctio. Out of a base [illegal, or immoral] consider-'ition, nn action does [can] not arise. 1 Selw. N. P. 63; Broom, Max. 730, 732; Story, Ag. § 1925.

Ex turpi uontl-nctn actio non oritur. From an immoral or iniquitous Contract an anion does not arise. A contract founded upon an illegal or immoral consideration Cannot he enfoited by action. 2 Kent, Comm. 466; Dig. 2, 14., 27, 4.

EX UNA PARTE. on one side.

Of one part or side;

454

EXALTARE Ex uno disces omnel. From one thing you can discern all.

EX UTRAQUE PARTE. On both sides. Dyer, 1261;.

EX UTRISQUE PARENTIBUS CON- J'UN(.'.l‘I. Related on the side of both parents; of the whole blood. Hale, Com. Law, C. 11

EX VI TERIVIINI. From or by the force of the term. From the very meaning of the expression used. 2 Bl. Comm 109, 119.

EX VISCERIBIJS. From the bowels From the vital part, the very essence of the thing. 10 (Joke, 210; liomer v. Shelton, : Metc. (Mass) 213. Em via-Lclibus vcrbmum, from the mere words and nothing else. 1 story, Eq. Jur. § 980; Fisher v. Fields, 10 Johns. (N. 1'.) 495.

EX VISITATIONE DEI. By the dispensation of God; by reason of physio-ii Ill- Czipaclty. Anciently, when a pllsoner. being arraigned, stood silent instead of pleading. a jury was impaneled to inquire whether he obstinately stood mute or was dumb ea viritai-Iane Def. 4 Staph. Comm. 394.

Also by natural, as distinguished from VID- lent, causes. When a coroner's inquest tinds that the death was due to disease or other natural cause. it is frequently phrased "ea: oisilatinvw Dal."

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 offlcer or other person in compelling payment of a fee or reward for his services, under color of his othcial authority, where no pay- ment is due.

B: tween "extortion" and "exactiou" there is this difference: that in the former case the officer extorts more than his due, when something is due to him; in the latter, he exacts what is not his due, when there is nothing due to hna. Co. Litt 368.

EXACTOR. ever or receiver of money; taxes. Cod 10, 19.

In old English law. A collector of the public moneys: a tax gatherer. Thus. 2:- aclor reuis was the name of the king's tax collector, who took up the tsxes and other debts due the treasury.

In the civil law. A gath- a collector of

EXALTABE. In old English law. To raise; to Elevate. Frequently spoken of water, 5. e., to raise the surface of a pond on pool.