The Cyclopedic Law Dictionary

To outlaw.

By law; by operation of law. EX LEGIBUS (Lat. according to the laws). A phrase of the civil law, which means according to the intent or spirit of the law, as well as according to t

COLligitur Identltas vera. From the great number of signs, true identity is ascertained. Brae. Max. reg. 25; Broom, Leg. Max. (3d London Ed.) 569. EX MUTUO (Lat. from or out of loa

From nothing nothing comes. 13 Wend. (N. Y.) 178, 221; 18 Wend. (N. Y.) 257, 301.

No action arises on a contract without a consideration. Noy, Max. 24; 3 Burrows, 1670; 2 Sharswood, BL Comm. 445; Chit. Cont. (10th Am. Ed.) 25; 1 Story, Cont. § 525. See "Nudum Pa

Proceedings filed in the English queen's bench division by the attorney general, at the direct and proper instance of the crown, in cases of such enormous misdemeanors as peculiarl

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

(1) The taking off a burden or duty; the shifting of a burden from one person or one piece of property to another. Thus, it is a general rule in the distribution of an intestate's

The voluntary act of abandoning one's country, and becoming the citizen or subject of another. At common law, it is probable that a citizen of the United States had no right to exp

The condition of being referred to a future time, or of dependence upon an expected event; contingency as to possession and enjoyment. An estate giving a present or vested continge

Contingent as to enjoyment. See "Estates."

An expectant heir, in the language of equity, is a person who has a reversionary right or hope or succession to property. Where he has but little or n6 property immediately availab

In the doctrine of life annuities, it is the share or number of years of life which a person ojp a given age ijiay, upon an equality of chance, expect to enjoy. Wharton.

The whole of a person's goods and chattels, bag and baggage. EXPEDIT REPUBLICAE NE SUA RE quis male utatur. It is for the interest of the state that a man should not use his own pr

In forest law. To cut out the ball of a dog's fore feet, for the preservation of the royal game. Manw. For. Law, c. 16. To cut the foot or root of a tree, so as to cause it to fall

A cutting off the claws or ball of the fore feet of mastiffs, to prevent their running after deer. Cart, de For. c. 17; Spelman; Cowell; 2 Bl. Comm. 393, 417.

An expedition; an Irregukind of army. Spelman. EXPEDITIO BREVIS (Lat.) In old practice. The service of a writ. Towns. PL 43.

Paymasters; those who expend or disburse certain taxes; especially the sworn ofl Bcer who supervised the repairs of the banks of the canals in Romney Marsh. Cowell. EXPENSAE LITIS

Knowledge derived from proof furnished by one's own faculties or senses. 227 Ill. 444. EXPERTS (from Lat. experti, skilled by experience). Persons selected by the court or parties

In civil law. The crime of abstracting the goods of a succession. This is said not to be a theft, because the property no longer belongs to the deceased, noi- to the heir before he

Cessation; end; as, the expiration of a lease, of a contract or statute. It ordinarily implies termination by the running of an express limitation as to time, but has been used to

In Scotch law. The expiration of the term within which the subject of an adjudication may be redeemed on payment of the debt adjudged for. Bell, Diet.; 3 Jur. Styles (3d Ed.) 1107.

The profits of an estate. See "Esplees."

or EXPLECIA (Lat. from explere, to complete or make perfect). Esplees or profit of land. Bracton", fols. 40, 44b. EXPLICATIO (Lat.) In civil law. The fourth pleading. Equivalent to

The act of sending goods out of the country. It ordinarily implies a sending for commercial purposes. 5 Harr. (Del.) 601.

A French word, sometimes applied to a v^ritten document containing the To place in an unprotected situation. To exhibit. "Exposure for sale" implies an exhibition in a public place

QUAE EX VISCERIBUS causae nascltur, est aptissima et fortissima In lege. That exposition which springs from the vitals of a cause is the fittest and most powerful in law. 10 Coke,

In French law. The abandonment of a child, unable to take care of itself, either in a public or private place. If the child thus exposed should be killed in consequence of such exp

A statute which would render an act punishable in a manner in which it was not punishable when it was committed. 6 Cranch (U. S.) 188; 1 Kent, Comm. 408. A law made to punish acts

See "Indecency."

Stated or declared, as opposed to implied. That which is made known, and not left to implication.

A direct repeal in terms by a subsequent law referring to that which is abrogated.

At common law an express assumpsit was an undertaking made orally, by writing not under seal or by matter of record, to perform an act or to pay a sum of money to another. 253 111.

See "Color."

See "Consideration."

See "Contract."

Actual malice or malice in fact, existing when one actually contemplates the injury or wrong which he inflicts. 1 Clark & Marshall, Crimes, p. 144. See "Malice."

Express notice embraces not only knowledge, but also that which is communicated by direct information, either written or oral, from those who are cognizant of the fact communicated

See "Trust."

See "Warranty." EXPRESSA NOCENT; NON EXPRESSA non nocent. Things expressed may be prejudicial; things not expressed are not. Calv. Lex.; Dig. 50. 17. 19. 5. EXPRESSA NON PROSUNT QU

In civil law. The person who alone becomes. bound for the debt of another, whether the latter were obligated or not. He differs from a surety, who is bound together with his princi

Compulsorily depriving a person of a right of property belonging to him in return for a compensation. The term has been introduced from its use in foreign countries to denote a com

The act of purging or cleansing.

One who corrects by expurging.

In Roman law. One who had filled the office of quaestor. A title given to Tribonian. Inst, proem. § 3. Used only in the ablative case {exquaestore). EXROGARE (Lat. ex, from, and ro

An enlargement, ordinarily, to time to do any act. This term is applied among merchants to signify an agreement made between a debtor and his creditors, by which the latter, in ord

A writ, issuing from the exchequer, by which the body, goods, and lands of the debtor may all be taken at once to satisfy the judgment. It is so called because the sheriff is to ca

Facts palliating or mitigating a crime. Sometimes applied to torts for which exemplary dajnages may be recovered.

That which renders a crime or tort less heinous than it would be without it. It is opposed to "aggravation." EXTERRITORIALITY (Fr.) This term (exterritorialite) is used by French j

An alien holds no lands. Tray, Lat. Max. 203. EXTINCT (Lat. extinguere, to destroy or put out). Extinguished. A rent is said to be extinguished when it is destroyed and put out. Co

TOLLITUR ADjunctum. When the substance is gone, the adjuncts disappear. 16 Johns. (N. Y.) 438, 492.

The destruction of a right or contract; the act by which a contract is made void; the annihilation of a collateral thing or subject in the subject itself out of which it is derived

Destruction of a debt. This may be by the creditor's accepting a higher security. Plowd. 84; 1 Salk. 304; 1 Md. 492; 5 Md. 389; 24 Ala. (N. S.) 439. A judgment recovered extinguish

Loss of the right to have common. This may happen from various causes,^by the owner of the common right becoming owner of the fee; by severance from the land; by release; by approv

This takes place by a union of the copyhold and freehold estates in the same person; also by any act of the tenant showing an intention not to hold any longer of his lord. Hutt. 81

A destruction of the rent by a union of the title to the lands and the rent in the same person, Termes de la Ley; Cowell; 3 Sharswood, Bl. Comm, 325, note,

Destruction of a right of way, effected usually by a purchase of the close over which it lies by

In English law. A species of destruction or waste, analogous to estrepement. See "Estrepement,"

A judicial writ, either before or after judgment, that lay against a person who, when a verdict was found against him for land, etc., maliciously overthrew any house, or extirpated

A technical word used in indictments for extortion. When a person is charged with extorsively taking, the very import of the word shows that he is not acquiring possession of his o

The unlawful taking by any officer, by coldr of his office, qf any money or thing of value that is not due to him, or more than is due, or before it is due. 4 Bl. Comm. 141; 1 Hawk

A part of a writing. In general, an extract is not evidence, because the whole of the writing may explain the part extracted, so as to give it a different sense; but sometimes extr

The issues or profits of holding a court, arising from the customary dues, fees, and amercements. Cowell. EXTRADITION (Lat. ex, from, traditie, handing over). The surrender by one

In Louisiiana this term is used to designate that property which forms no part of the dowry of a woman, and which is also called "paraphernal property." Civ. Code La. art. 2315.

In old English law. An estray. Spelman.

That which does not belong to the judge or his jurisdiction, absolutely void. See "Coram non Judice;" Merlin, Repert. "Exces de Pouvoir."

Extrajudicial; out of the proper cause. Judgments rendered or acts dope by a court which has no jurisdiction of the subject, or where it has no jurisdiction, are said to be "extraj

Out of the law; out of the protection of the law, Co. Litt, 130. Outlaws (utlagati) are said to be extra legem positi, put out of the law. Fleta, lib. 1, c. 28, § 14, EXTRA LEGEM P

The utmost possible diligence. It is that required of common carriers of passengers, and in a few other relations, and has been defined to be the doing of all that is possible to h

The writs of mandamus, habeas corpus, quo warranto, and other special writs, not ancillary to an ordinary action, are sometimes so called. EXTRAPAROCHIAL (Lat.) Out of a parish; no

That quality of laws which makes them operate beyond the territory of the power enacting them, upon certain persons or certain rights. See Wheaton, Int. Law (6th Ed.) 121 et seq.

Outside territory (of a state or county). 2 Kent, Comm. 407. EXTRA TERRITORIUM JUS DICENTI non paretur Impune. One who exercises jurisdiction out of his territory cannot be obeyed

In canon law. The name given to the constitutions of the popes posterior to the Clementines. They are thus called, quasi vagantes extra corpus juris, to express that they were out

Out of the way. When, in an action of trespass, the defendant pleads a right of way, the defendant may reply extra viam, that the trespass was committed beyond the way, or make a n

Beyond powers. See "Ultra Vires."

PRAESUMUNtur media. Extremes being proved, intermediate things are presumed. Tray. Lat. Max. 207. ' EXTUMAE (Law Lat.) In old records. Eeliques. Cowell. EXUERE PATRIAM (Lat). To th

No action arises out of an immoral consideration. Selw. N. P. 63; 2 Pet. (U. S.) 539. EX UNA PARTE (Lat.) Of one part or side; on one side.

From one thing you can discern all. EX UTRISQUE PARENTIBUS CONjuncti (Lat.) Related on the side of both parents; of the whole blood. Hale, Hist. Com. Law, c. 11. EX VI TERMINI (Lat

Voluntarily.

One who saw the act or fact to which he testifies. When an eye-witness testifies, and is a man of intelligence and integrity, much reliance must be placed on his testimony, for he

A small island arising in a river. Fleta, lib. 3, c. 2, s. b; Bracton, lib. 2, c. 2. See "Island."

See "Eire." F. The sixth letter of the alphabet. A fighter or maker of frays, if he had no ears, •was to be branded in the cheek with this letter. Cowell. Those who had been guilty

In old English law. The making or coining of money. Mem. in Scacc. H. 12 Edw. I. FABRICARE (Lat.) To make. Used of an unlawful making, as counterfeiting coin (1 Salk. 342), and als

In English law. Lands given for the repair, rebuilding, or maintenance of cathedrals or other churches. It was the custom, says Cowell, for almost every one to give by will more or

In old European law. A contract or formal agreement; but particularly used in the Lombardic and Visigothic laws to denote a marriage contract or a will. Spelman.

The face of an instrument is that which it shows without extrinsic explanation. FACERE (Lat.) In civil law. To do; to make. A word of very comprehensive signification. Dig. 50. 16.

In Scotch law. Easily persuaded; easily imposed upon. Bell, Diet.

In Scotch law. Pliancy of disposition. Bell, Diet.

Guilt makes equal those whom it stains. FAC 10 UT DES (Lat. I do that you may give). A species of contract which occurs when a man agrees to perform anything for a price either spe

In England, where the construction of a will may be affected by the appearance of the original paper, the court will order the probate to pass in fac simile, as it may possibly hel

In ol4 English lawv Deeds. Facta armorwm, deeds or feats of arms; that is, jousts or tournaments. Cowell. Facts. Facta et casus, facts and cases. Bracton, fol. lb.

Facts are more powerful than words. FACTA TENENT MULTA QUAE FIERI prohibentur. Deeds contains many things which are prohibited to be done. 12 Coke, ' 124. FACTIO TESTAMENTI (Lat.)

In fact; by an act; by the adt or fact. Ipso facto, by the act itself; by the mere effect of a fact, without anything superadded, or any proceeding upon it to give it eiffect. 3 Ke

An agent employed to sell goods or merchandise consigned or delivered to him, by or for his principal, for a compensation, commonly called "factorage" or "commission." Paley, Ag. 1

The wages or allowances paid to a factor for his services. It is more

A process for attaching effects of the debtor in the hands of a third party. It is substantially the same process known as the garnishee process, trustee process, process by foreig

A name given to certain English statutes, of which 40 & 41 Vict. c. 39, is the latest, validating pledges by factors to bona fide pledgees.

In Scotch law. A contract which partakes of a mandate and locatio ad operandum, and which is in the English and American law books discussed under the title ' of "Principal and Age

A man's own act and deed; a culpable or criminal act; an act not founded in law; a deed; a written instrument under seal. Called, also, oharta. Spelman; 2 Bl. Comm. 295. The differ

NON ADVERsario, nocere debet. A man's actions should injure himself, not his adversary. Dig. 50. 17. 155,