Category: E

An exchanger of lands; a broker. Obsolete

In Scotch law. To exchange. 6 Bell, App. Cas. 19, 22

In old English practice. A roll into which (in the old way

In English law. A – person appointed by a court to take the examb nation of witnesses in an action, i. e., to take down the result of thelr interrogation by the parties or thelr counsel, either by written in-terrogatorles or vivd voce. An examiner is generally appointed where a witness is in a foreign […]

A copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469

An investigation; search; interrogating

L. Lat. A trial. Examen oomputi, the balance of an account Townsh. PL 223

In old English law. To raise; to elevate. Frequently spoken of wa-ter, i. e., to raise the surface of a pond or pool

In tbe civU law. A gatherer or receiver of money; a collector of taxes. Cod. 10, 19

The wrongful act of an of-flcer or other person ln compelling payment of a fee or reward for hls servlces, under color of hls official authority, where no pay-ment Is due

Voluntarily; from free-will or choice

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

By the dls-pensation of God; by reason of physical in-capacity. Anciently, when a prisoner, belng arraigned, stood silent lnstead of pleading, a jury was Impaneled to lnqulre whether he obstinately stood mute or was dumb ex visi-tatione Dei. 4 Steph. Comm. 394

From or by the force of the term. From the very meanlng of the expression used. 2 Bl. Comm. 109, 115

Related on the side of both par-ents; of the whole blood. Hale, Com. Law, c. IL

From, by, or un-der a will. The opposite of ab intestato, (q. v

From or in consequence of time; by lapse of time. Bract fols. 51, 52. Ex diutumo tempore, from length of time. Id. fol. 51b

In the clvll law. An action of stipulation. An action given to recover marriage portions. Inst. 4, ft. 29

Accordlng to the statute. Fleta, llb. 6, c. 11, $ 1

From writings formerly seen. A term used as descriptive of that kind of proof of handwriting where the knowledge has been acquired by the witness having seen letters or other documents professing to be the handwriting of the party, and having afterwards communicated personally with the party upon the con-tents of those letters or documents, […]

According to the rigor or strictness of law; ln strictness of law. Fleta, lib. 3, c. 10, 8 3

From quasi contract Fleta, lih. 2, c. 60

From the provision of the husband

By the

of his own accord

ALICIA. of

After the fact; by an act or fact occurring after some previous act or fact, and relating thereto; by subsequent matter; the opposite of ab initio. Thus, a deed may be good ab initio, or, lf Invalid at Its Inception, mny be confirmed by matter ex post faeto

A writ that lay for a 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

on the fa

on the mother’s side; of the maternal line

From office; by virtue of the ofiice; without any other warrant or appointment than that resulting from the holding of a particular ofiice. Powers may be exercised by an officer which are not spe-cifically conferred upon him, but are neces-sarily Implied ln his ofiice; these are ex offieio. Thus, a judge has ex officio the […]

From or out of loan. In the old law of England, a debt was said to arise ex mutuo when one lent another any-thlng whlch consisted In number, weight, or measure. 1 Reeve, Eng. Law, 159; Bract fol. 99

According to custom. Cal-vin

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

TU. of his own mere motion; of his own accord; voluntarily and without prompting or request. Royal let-ters patent which are granted at the crown’s own instance, and without request made, are said to be granted eae mero motu. when a court interferes, of its own motion, to object to an irregularity, or to do […]

From malice; malicious-ly. In the law of libel and slander, this term imports a publication that is false and without legal excuse. Dixon v. Allen, 69 Cat 527, 11 Pac. 179

Growing out of, or founded upon, misdoing or tort. This term ls frequently used in the clvll law as the synonym of “ex delicto” (q. v.’,) and- is thus contrasted with “ex contractu.” In this sense it ls of more rare occurrence in the common law, though found in Bracton, (fols. 99, 101, 102

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 period ln the law of Eng-land. Bract fol. 102; 1 Reeve, Eng. Law, 168

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

According to the laws. A phrase of the clvll law, which means ac-cordlng to the intent or spirit of the law, as well as according to the words or letter. Dlg. 50, 16, 6. See Calvin

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

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

Anew; afresh

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

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

(From or on the grievous complaint.) In old English prac-tlce. The name of a writ (so called from its initial words) which lay for a person to whom any lands or tenements in fee were de-vlsed by will, (within any city, town, or bor-ough wherein lands were devisable by cus-tom,) and the heir of the […]

By a fiction of law

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

out of purchase; founded on purchase. A term of the civil law, ndopt-ed by Bracton. Inst. 4, 6, 28; Bract, fol. 102. See Actio ex Empto

out of fraud; out of deceitful or tortious conduct. A phrase applied to obligations and causes of action vitiated by fraud or deceit