EX

1. A Latin preposition meaning from, out of, by, on, on account of, or ac- cording to. 2. A prefix, denoting removal or cessation. Prefixed to the name of an office, relation, status, etc., it denotes that the person spoken of once occupied that office or relation, but does so no longer, or that he is now out of it. Thus, ex-mayor, ex-partner, ex-judge. 3. A prefix which is equivalent to "with- out," "reserving," or "excepting." In this use, probably an abbreviation of "except." Thus, ex-interest, ex-coupons. "A sale of bonds 'ex. July coupons' means a sale reserving the coupons; that is, a sale in which the seller receives, in addition to the purchase price, the benefit of the coupons, which benefit he may realize either by detaching them or receiving from the buyer an equivalent consideration." 94 N. Y. 445.

before investigated, or only adds other circumstances of the same general character. See TRIAL, New. Competent evidence. That which the nature of the fact to be proved requires as the appropriate proof in the particular case: as, the production of a writing where its contents are the subject of inquiry; that is, the best evidence.2 Incompetent evidence. Inappropriate, improper evidence. Satisfactory or sufficient evidence. That amount of proof which ordinarily satisfies an unprejudicial mind, beyond reasonable doubt.3 The circumstances which will amount to this degree of proof can never be previously defined; the only test of which they are susceptible is, their sufficiency to satisfy the mind and conscience of a common man, and so convince him that he would venture to act upon that conviction in matters of the highest importance to his own interests. Questions respecting the competency and admissibility of evidence are entirely distinct from those which respect its sufficiency or effect. The former are conclusively within the province of the court; the latter belong exclusively to the jury. Minor terms descriptive of species of evidence: affirmative as opposed to negative evidence; adminicular or ancillary evidence; corroborative evidence; extrinsic as opposed to intrinsic evidence; inculpatory as opposed to exculpatory evidence; newly or after-discovered evidence; rebutting evidence; state's evidence by an accomplice; substitutionary evidence, qq. v. The object of evidence being to prove the point in issue, fundamental rules regulating its production are: 1. The evidence must correspond with the allegations, and be confined to the point in issue. 2. It is sufficient if the substance of the issue be proved. 3. The burden of proving a proposition or issue rests upon the party holding the affirmative. 4. The best evidence of which the case is susceptible must be produced. The general rules of evidence are the same in civil and criminal cases.. The mode of conducting trials, the order of introducing evidence, and the time when it shall be introduced, belong largely to the practice of the court where the fact is tried." 1 Waller v. Graves, 20 Conn. 310-11 (1850), cases, Church, C. J. See also 2 Ark. 353; 42 Conn. 519; 27 Ga. 464; 28 Me. 383; 34 N. J. L. 156; 7 Barb. 278. 2 [1 Greenl. Ev. §§ 2, 32; 107 U. S. 332. #1 Greenl. Ev. § 2; 30 Me. 481. 41 Greenl. Ev. § 2; 2 Pet. 44, 133, 149. The rules of practice in jury trials are necessarily somewhat flexible as to the order of proof, the number of witnesses, and the time, manner, and extent of the cross-examination. In ordinary cases the plaintiff begins and introduces all of his substantive evidence before the defendant opens his defense; so, the defendant introduces all his substantive evidence before the plaintiff rebuts. But the judge, in the exer cise of a sound discretion, may relax either rule.1 The order of admissibility is regulated by the court. The Federal courts, in civil cases at common law, observe as rules of decision the rules of evidence of the State in which they sit, except when otherwise provided by the Constitution or an act of Congress.2 A party who objects or excepts to evidence must state his reasons therefor.3 See further ADMISSION, 2; ANSWER, 3; BOOK; CHARACTER; CHARGE, 2 (2, c); COMPROMISE; CRIME; DECLARATION, 1; DEED; DEMURRER; DEPOSITION; DOCUMENT; DOUBT; ESTOPPEL; EXAMINATION, 9; EXCEPTION, 4; FACT; HANDWRITING; INSPECTION, 2; INSANITY; LAW; LETTER, 3; NONSUIT; NOTICE, 1, Judicial; OFFER, 2; OPINION, 1; PRACTICE; PROCEDURE; REBUT; RECORD; RES, Gestæ; SCINTILLA; STENOGRAPHER; WEIGHT, 2; 1. The Latin preposition - out of, proceeding from, from, of, by, on, on account of, by virtue of, according to; also, - beyond. See EXTRA. In composition intensifies or else has little effect upon the signification. Before a consonant becomes simply e; the x remains before the vowels and c, p. q, s, t; assimilates with a following f; is dropped before other consonants. In French es: as, in estreat, estrepe, escrow. 2. Prefixed to the name of an official, denotes that he formerly held the office designated: as, ex-attorney-general, ex-judge, exminister, ex-marshal, ex-sheriff. Prefixed to a word denoting a civil status or condition, indicates that the person referred to formerly occupied that relation: as, ex-convict, ex-partner, ex-wife. First Unitarian Society v. Faulkner, 91 U. S. 417-18 (1875), Clifford, J. 2 R. S. § 721: Act 1789; Potter v. Third Nat. Bank of 61 Greenl. Ev. § 50; Travelers' Ins. Co. v. Mosley, 8 Chicago, 102 U. S. 165 (1880), cases, Harlan, J. Wall. 409 (1869). 64 Wheat. 472; 12 id. 469; 91 U. S. 438; 57 Wis. 157; 4 law of evidence, 19 Am. Law Rev. 380 (1885). Bl. Com. 356. Wills v. Russell, 100 U. S. 626 (1879). State v. Taylor, 36 Kan. 334 (1887), cases. French • Exp. Foster, 5 Tex. Ap. 645-47 (1879); Exp. Gilstrap, 14 id. 240, 264 (1883). 3. Prefixed to other words, denotes absence or privation of the notion conveyed by the simple word; without: as, ex-coupon, exdividend, ex-interest. "Ex-dividend" is used of sales of stocks which reserve to the seller the dividend presently payable. See DIVIDEND, 3. A sale of bonds "ex-July coupons" means a sale reserving the coupons, a sale in which the seller receives, in addition to the purchase-price, the benefit of the coupons, which benefit he may realize either by detaching them or receiving from the buyer an equivalent consideration.¹ Ex abundantia cautela. Out of excessive care. See CAUTELA. Ex æquo et bono. By what is fair and good: in justice and fair dealing. See AsSUMPSIT; EQUITY. Ex antecedentibus, etc. See INTERPRE-

(570) proof is the effect or result of evidence; evidence is the medium of proof. 1 Greenl. on Ev. § 1. Without evidence there can be no proof, although there may be evidence which does not amount to proof. Best on Pres. 8, § 6. Burr. Circ. Ev. 1, 2. Lat. From; of; out of. Ex facto, (q. v.); from fact. Ex contractu, (q. v.); from, or out of contract. Ex mero motu, (q. v.); of mere motion. See 2 Salk. 622. By, or with. Ex assensu, (q. v.); by the assent. Ex causa, (q. v.); by title. On; upon. Ex dimissione, (q. v.); on the demise. Ex facie, (q. v.); on the face. Ex relatione, (q. v.); on the relation. According to. Ex æquitate, (q. v.); according to equity. At or in. Ex arbitrio, (q. v.); at the discretion. (571) intention of the parties, although the immediate object of inquiry be the meaning of an isolated clause. Broom's Max. 249, [442], and cases cited ibid. See Antecedens. At, (572) nations. "Contraband goods are seized and condemned ex delicto." 1 Kent's Com. 143. See Id. 125. Ex facto jus oritur. Law arises out of fact, or is brought into exercise by fact.* 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 (573) collaterally; a collateral relation. Dig. 23. 2. 68. (574) behalf of such a one.) In old English practice. The name of a writ which lay for a bailiff or receiver, who, having auditors assigned to hear his account, could not obtain of them reasonable allowance, but was cast into prison by them. Cowell. F. N. B. 129, F. ( 575 ) ion of Chase, J. 3 Dallas' R. 386. This misapprehension and error have arisen, in part, from the narrow sense given to the word facto, (confining it to the acts of individuals,) but principally from the common mode of writing the whole phrase, which presents post as a distinct word, thereby not only leading to an ungrammatical connection of its meaning with that of facto, (in the expressions "after a deed," "after the fact," but entirely destroying the sense and force of the word ex, which, in the ordinary translations, is quite disregarded. Strictly, post should be connected with facto, either as one entire word, (postfacto,) in which form it usually occurs in the civil law, and frequently in Bracton, or as a double word, (post-facto,) the latter form having the express authority of Aulus Gellius, who uses both post-facta and antefacta in a passage which will be referred to under Ex post facto law. This mode of writing the phrase dissipates at once all the grammatical difficulty hitherto supposed to attend the use of post in immediate juxtaposition with ex; (both words being commonly treated as prepositions, although post is in fact an adverb, with the sense of afterwards). Ex post-facto is thus most distinctly contrasted with its correlative ab initio; the meaning of ex is the one phrase being at once seen to correspond with that of ab in the other. See Postfactum. It may be added that the whole phrase ex postfacto is frequently used in old English law, as synonymous with postea, (afterwards,) or post tempus, (after a time). Bract. fol. 213. Fleta, lib. 3, c. 3, §§ 5, 7. Id. lib. 4, c. 26, § 4. (576) the first learning, were in doubt utrumne in EX SCRIPTIS OLIM VISIS. post-facta modo furta lex valeret, an etiam in ante-facta; (whether the law took effect only on thefts committed after it, or on those committed before, also). Noct. Att. lib. xvii. c. 7. In other words, the question was, whether this was an ex post-facto law or not. The phrase "in ante-facta," (upon acts or actions done before,) in this passage, expresses the peculiar operation of such a law more distinctly, perhaps, than ex post facto itself, and is almost literally translated in the best modern definitions. See supra. The words ante-facta and postfacta, as contrasted in the same passage, both obviously refer exclusively to the acts of individuals; but in the phrase ex postfacto, the post-factum (after-act or post-act) is the act of the legislature itself in passing the law; the ante-factum being the act of the individual upon which the law is made to operate retrospectively. This distinction is noticed by Mr. Justice Chase, in the case already referred to. 3 Dallas' R. L. Lat. From writings formerly seen. A term used as descriptive of that kind of proof of handwriting, where the witness has seen letters or documents professing to be the handwriting of a party, and has afterwards had correspondence or communication with such party, so as to induce a reasonable presumption that the letters or documents were actually his handwriting. 5 Ad. & El. 703, 730. Best on Presumptions, 219. 386. EX PRÆCOGITATA MALICIA. Lat. 102.

To delete; to cross out. | To extinguish the life of.

A former partner or spouse; an ex-girlfriend, ex-boyfriend, ex-wife, or ex-husband.