Black's Law Dictionary

From the faco; apparently; evidently. A term applied to what appears on the face of a writing.

From or in consequence of a fact or action; actually. Usually applied to an unlawful or tortious act as the foundation of a title, etc. Sometimes used as equivalent to "de facto."

The law arises out of the fact. Broom, Max. 102. A rule of law continues in abstraction and theory, until an act is done on which it can attach and assume as it were a body and sha

To abdicate or resign; to resign or surrender an estate, office or dignity, by the symbolical delivery of a staff or rod to the alienee.

By a fiction of law.

See Esplees.

To break the peace; to commit open violence. Jacob.

2 Inst 479. Punishment increases with increasing crime.

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 debito, as

(From or on the grievous complaint.) In old English practice. The name of a writ (se called from its initial words) which lay for a person to whom any lands or tenements in fee wer

In Scotch law. To disinherit; to exclude from an inheritance,

To present a thing corporeally, so that it may be handled. Vicat To appear personally to conduct the defense of an action at law.

n. A paper or document produced and exhibited to a court during a trial or hcaring or to a commissioner taking depositions or to auditors, arbitrators, etc., as a voucher or in pro

A complainant in articles of the pcace. 12 Adol. & E. 599.

Lat Exhibition of a bill. In old English practice, actions were instituted by presenting or exhibiting a bill to the court, in cases where the proceedings were by bill; hence this

In Scotch law. An action for compelling the production of writings. In ecclesiastical law. An allowance for meat and drink, usually made by religious appropriators of churches to t

In the civll law. Disinheriting; disherison. The formui method of excluding an indefeasible (or forced) heir from the entire inheritance, by the testator's express declaration in t

In the civil law. One disinherited. Vicat; Du Cange.

Disinterment; the removal from the earth of anything previously buried therein, particularly a human corpse.

By the hypothesis; upon the supposition; upon the theory or facts assumed.

Demand, want, need, imperativeness. —Exigency of a bond. That which tha bond demands or exacts, i. e., the act, performance, or event upon which it is conditioned. —Exigency of a w

That which tha bond demands or exacts, i. e., the act, performance, or event upon which it is conditioned.

The command or imperativeness of a writ; the directing part of a writ; the act or performance which it commands.

In English law. An officer-who makes out exigents.

An officer of the English court of common pleas, whose duty it was to make out the exigents and proclama tions in the process of outlawry. Cowell. Abolished by St. 7 Wm. IV. and 1

L. Lat. In English practice. A judicial writ made use of in the process of outlawry, commanding the sheriff to demand the defendant, (or cause him to be demanded, exigi Jaciat,) fr

Demandable; requirable

That you cause to be demanded. The emphatic words of the Latin form of the writ of exigent. They are sometimes used as the name of that writ

Banishment; the person banished.

7 Coke, 20. Exile is a privation of country, a change of natal sell, a loss of native laws.

Lat. In old English law. (1) Exile; banishment from one's country. (2) Driving away; despoiling. The name of a species of waste, which censisted in driving away tenants or vassals

With contrivance or deliberation; designedly; on purpose. Seel Kent, Comm. 318; Martin v. Hunter, 1 Wheat 334, 4 L. Ed. 97.

Anew; afresn.

In the language of stock exchanges, a bond or other interest-bearing security is said to be sold "ex-interest" when the vendor reserves to himself the interest already accrued and

To live; to have Ilfe or animation; to be in present force, activity or effect at a given time; as in speaking of "existing" contracts, creditors, debts, laws, rights or liens. Mer

In the civil law. The civil reputation which bslonged to the Roman citizen, as such. Mackeld. Rom. Law, § 135. Called a state or condition of unimpeached dignity or character, (dig

Lat It goes forth. This word is used in docket entries as a brief mention of the issue of process. Thus, "exit ft. fa." denotes that a writ of fieri facias has been issued in the p

Chlldren; offspring. The rents, Issues, and profits of lands and tenements. An export duty. The conclusion of the pleadings.

A term used in medical jurisprudence to denote the wound made by a weapon on the side where it emerges, after it has passed completely through the body or through any part of it.

From a Just or lawful cause; by a just or legal title.

In old English law. Outlawry. Speiman.

He who is prosecuted as an outlaw. Jacob.

In old English law. To outlaw; to deprive one of the benefit and protection of the law, (exuere aliquem beneficio legis.) Spelman.

By the law; by force of law; as a matter of law.

According to the laws. A phrase of the civil law, which means according to the intent or spirit pf the law, as well as according to the words or letter. Dig. 50, 16, 6. See Calvin.

In old English law. An outlaw; qui est extra legem, one who is out of the law's protection. Bract, fol. 125. Qui beneficio legis privatur. Spelman.

By the king's license. 1 Bl. Comm. 168, note.

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

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.

A contract cannot arise out of an act radically vicious and lllegal. 1 Term, 734 ; 3 Term, 422; Broom, Maxt 734.

2 Inst 161. Good laws arise from evil morals, i. e, are necessitated by the evll behavior of men.

From malice; maliciously. 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 Pan. 179.

Of his own mere motion; of his own accord; voluntarily and without prompting or request. Royal letters patent which are granted at the crown's own instance, and without request mad

From or in consequence of delay. Interest is allowed ex mora; that is, where there has bsen delay in returning a sum borrowed. A term of the civil law. Story, Bailm. § 84.

According to custom. Calvin.

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,

From or out of loan. In the old law of England, a debt was said to arise ex mutuo when one lent another anything which consisted in number, weight or measure, 1 Reeve, Eng. Law, 15

Of necessity. 8 Rep. Ch. 123. —Ex necessitate legis. From or by necessity of law. 4 Bl. Comm. 394 —Ex necessitate rei. From the necessity or urgency of the thing or case. 2 Pow. De

From or by necessity of law. 4 Bl. Comm. 394

From the necessity or urgency of the thing or case. 2 Pow. Dev. (by Jarman.) 308

From nothing nothing comes. Jackson v. Waldron, 13 Wend. (N. Y.) 178, 221; Root v. Stuyvesant, 18 Wend. (N. Y.) 257, 301.

Out of a nude or naked pact [that is, a bare parol agreement without consideration] no action arises. Bract fol. 99; Fleta, llb. 2, c. 56, § 3; Plowd. 305. Out of a promise neither

From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a partichlar office. Powers may be exercised by an officer wh

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 immediately affecting the go

An oath taken by offending priests; abolished by 13 Car. II. St. 1, c. 12.

In French law. An act or instrument in writing which contains the reasons why a party in a civil suit or a person accused, who has been summoned, agreeably to the requisitions of a

The removal of a burden, charge or duty. Particularly, the act of relieving a person or estate from a charge or Ilability by casting the same upon another person or estate, Louisvi

A writ that lay for the crown's ward, to be free from all suit to the county court, hundred court, leet, etc., during wardship. Fitzh. Nat. Brev. 158.

A writ of the same nature as that last above deseribed, issued by the guardian of the crown's ward, and addressed to the sheriffs or stewards of the court, forbidding them to distr

Lat. Let him be relieved or discharged. An entry made on a bail-piece, whereby the surety is relieved or discharged from further obligation, when the condition is fulfilled by the

Tbe beginning or introductory part of a speech.

From an illegal contract an action does not arise. Broom, Max. 742. See 7 Clark & F. 729.

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, e parte, as applied to an

On the mother's side; of the maternal line.

On the father's side; of the paternal line. The phrases "ex parte materna" and "ex parte paterna" denote the line or blood of the mother or father, and have no such restricted or l

A writ that lay for a baillff or receiver, who, having auditors appointed to take his accounts, cannot obtain of them reasonable allowance, but is cast into prison. Fitzh. Nat. Bre

The voluntary act of abandoning one's country, and becoming the citizen or subject of another. Ludiam v, Ludlam, 31 Barb. (N. Y.) 489. See Emigration.

Litt. § 384. You can imply many things from few expressions.

Litt. § 550. From a few words or hints the understanding conceives many things.

To await; to look forward to something intended, promised or likely to happen. Atchison, etc., R. Co. v. Hamlin, 67 Kan. 476, 73 Pan. 58. —Expectancy. The condition of being deferr

The condition of being deferred to a future time, or of dependence upon an expected event; contingency as to possession or enjoyment. With respect to the time of their enjoyment, e

Having relation to, or dependent upon, a contingency.

See Estate in Expectancy.

A person who has the expectation of inheriting property or an estate, but small present means. The term is chiefly used in equity, where relief is afforded to such persons against

A contingent right, not vested; one which depends on the continued existence of the present condition of things until the happening of some future event. Pearsall v. Great Northern

In Mexican law, a term including all the papers or documents constituting a grant or title to land from government. Vanderslice v. Hanks, 3 Cui. 27, 38.

The whole of a person's goods and chatteis, bag and baggage. Wharton.

Trees rooted up or cut down to the roots. Fleta, L 2, c. 41.

In old forest law. A cutting off the claws or ball of the forefeet of mastiffs or other dogs, to prevent their running after deer. Spelman; Cowell.

An expedition; an irregular kind of army. Spelman.

In old practice. The service of a writ Townsh. PI. 48.

It is for the interest of the state that a man should not enjoy his own property improperly, (to the injury of othere.) Inst. 1, 8, 2.

It is for the advantage of the state that there be an end of suits; it is for the public good that actions be brought to a close. Go. Litt. 303b.

In regard to trespass and other torts, this term means to eject, to put out, to drive out, and generally with an implication of the use of force. Perry v. Fitzhowe, 8 Q. B. 779; Sm

Paymasters. Those who expend or disburse certain taxes. Especially the sworn officer who supervised the repairs of the banks of the canals in Romney Marsh. Cowell.

An ancient writ to prohibit the sheriff from levying any allowance for knights of the shire upon those who held lands in ancient demesne. Reg. Orig. 261.

Costs or expenses of the suit, which are generally allowed to the successfui party.

Magistra rerum experientia. Co. Litt 60. Experience by various acts makes law. Experience is the mistress of things.

In patent law, either a trial of an uncompleted mechanical structure to ascertain what changes or additions may be necessary to make it accomplish the design of the projector or a

Testimony given in relation to some scientific, technical, or professional matter by experts, i. e., persons qualified to speak authoritatively by reason of their special training,