A Dictionary of Law

See More oe Less. Under an indictment for embezzlement, alleging the gross receiptof a sum " exceeding " a sum named, proof may be made of the receipt of any amount, althoiigh it e

"His Excellency" is the title given by the constitution of Massacliusetts to the governor of that State; also, by custom, to the governors of the other States, and to the President

See Exception.

A keeping out; an exclusion; exception. Exceptio probat regulam. The exception proves, that is, either confirms or tests, the rule: '• proves," by not being within the reason; " te

Something withheld, not granted or parted with; the exclusion of a thing, or the thing or matter itself as excluded; an objection made. Compai-e Eeg-

Surpassing in amount, degree, or extent that which is usual, reasonable, proper or lawful in the particular case: as, excessive — bail, damage, distress, fine, taxation, qq. v. To

The treasury department of the English government. Established by William I; regulated by Edward I. Consisted of two divisions; one, for the receipt of revenue; the other, for the

* An inland imposition, paid sometimes upon the consumption of the commodity, or frequently upon the retail trade.* Whence excise duty, excise law. An inland imposition, sometimes

That which debars, deprives, or excepts: as, an exclusive right, privilege, or jurisdiction, which is possessed, enjoyed or exercised independently of another or others.2 Opposed,

A reason for doing or not doing a thing. Excusable. 1. Admitting of excuse; exempting from liability or responsibility: as, an excusable default, an excusable misdelivery by a carr

See Exire, Ne exeat.

He to whom another commits by will the execution of his last will and testament.3 Feminine form, executrix. Correlative, testator, testatrix. He so closely resembles an " administr

Exerciser: manager. Exercitor maris. In civil law, he who equips a vessel; in English and American law, the managing owner of a vessel.^

See Damages. EXEMPLIFICATIOIiT. An official transcript of a record, for use as evidence. Primary evidence; in the United States courts, by act of May 26, 1790, which does not exclu

^ The privilege of being excepted, excused, or freed from the operation of a law. Used especially of goods not liable to seizure under the law of distress for rent; •* of merchandi

3 1, V. To produce, offer, or expose for inspection: as, to exhibit an account, a balance, a bill in equity, a complaint or information, written interrogatories, a bill or note for

Compare Entertainment; License, 3; Prize-fighting. Unless skating rinks are so conducted as to be clearly shown to be "public performances or exhibitions," they cannot be brought w

Going forth; issuing: mandate; urgency. See Exire. A sheriff must execute a writ addressed and delivered to him, accordmg to its exigency, without inquiring into the regularity of

See Outlawry.

To go away, go out; to issue. Exit. It has gone forth; it has issued. TKe exit of a writ means simply the issuing ot that particular writ; and the word "exit," as a docket entry, i

SeeCBEDiTOE; Prb-bxist- ING; Previous; Prioe. "Existing laws," in the saving clause of an act, refers to laws in force at the passage of the act.^

See Exieb, Exit. EXONERATION; EXONEKETUK. See Onus, Exoneretur.

* Voluntarily leaving one's native or adopted country to become a citizen in another country. Expatriate. To leave one's country, renouncing allegiance to it, with the purpose of m

A present, vested, contingent right to the future enjoyment of land. A future estate; an estate in expectancy, or, simply, an expectant estate or interest. Expectant. Contingent as

An actual payment of money. To incur an expenditure is to make a payment, to expend money. To incur a liability and to incur an expenditure are different things.^ EXPENSE; EXPENSES

See Invention.

* A person instructed by experience." A skilled or experienced person; a person having skill, experience or peculiar knowledge on certain subjects or in certain professions; a scie

To carry away: send out of a country. Exports: merchandise sent from one country to another. As used in the Constitution, Art. 1, sees. 8, 10, does not include articles transported

To set out, bring into view; display, exhibit; show: as, to expose property to sale,* to expose the person.s See Indecent.

A setting out — the meaning of language; (explanation; interpretation. Contemporanea expositio optima et fortissima in lege. The explanation of the time is the fittest and stronges

1. To declare in terms, state in words, mention distinctly, avow openly. Express; expressed. Openly tittered and avowed; stated or mentioned in words, oral or written; made known;

Definite statement or enumeration; expression. Expressio unius, exclusio alterius. The statement of one thing is the exclusion of another. Sometimes put, indusio unius, etc., — " i

GENEEAL. See Construction; Dictum, 3; Expeessio, Unius, etc.; Opinion, 3. EXPULSIOIf. See Amotion; Franchise, Disfranchise; Eviction.

See Alter, 3; Cancel; Scandal, 3.

1. The utmost; the highest under the circumstances: as, extraordinary care or diligence. See Cake; Negligence. 3. Out of the common order; rot usual or regular: as, extraordinary j

To stretch or lengthen out; to continue, enlarge, expand. Compare Enlarge; Extent; Renew. To extend a charter is to give one which now exists greater or longer time in which to ope

1. In common parlance, varies somewhat in meaning according to the subject to which it is applied, and as that changes, it may as well refer to time as to 628; 18 Ct. CI. 117, 457;

See Aggravation.

* To put out or quench: to destroy, annihilate; to pay in full, satisfy: as, to extinguish a debt, an estate, a right to rent, a right of way, the rights of a corporation. Extingtu

' That abuse of public justice which consists in an officer's unlawfully taking, by color of his ofifice, from any man, any money or thing of value that is not due to him, or more

See Copt; Estreat; Evidence, Secondary; Review, 8.

See Impeovidbnt; Spendtheipt.

See In Extremis.

See Evidence.

Anything done, or said; an act or action; an actual occurrence; a circumstance; -whatever comes to pass; an event. See Factum. Subjects of jurisprudence are facts and laws: tacts a

^ An agent who is commissioned by a merchant or other person to sell goods for him and receive the proceeds.? A commercial agent, transacting the mercantile affairs of other men, i

A contraction of " manufactory,— a building, or collection of buildings, appropriated to the manufacture of goods." Includes the building, the machineiy necessary to produce the pa

1. The state or condition of being wanting; a falling short; deficiency or lack; defect, want, absence; default; defeat. Failure of consideration. Want or absence of a legal consid

1, adj. Equal; just; proper; reasonable; equitable. See Equity. Fair abridgment. A real substantial condensation of copyrighted materials, as the result of labor and judgment. See

Belief; confidence; reliance; credence; trust, q. v. Fair intent of purpose; honesty, openness, uprightness; sincerity; fidelity to a representation, promise, or duty. Good faith.

or POBTIOTJ". In the reign of Augustus, on motion of Publius Falcidius, it was enacted (40 B. C.) that a testator could not bequeath away from his heir more than three-fourths of h

A life estate is sometimes said to "fall into," that is, to merge with, the fee.

^ Originally, servants; in its modern comprehensive meaning, a collective body of persons living together in one house, or within the curtilage.' In popular acceptance includes par

See Game, 3.

1. As descriptive of days, see Holiday. 3. Referring to an estate — real, of the nature of realty.^ 3. Moving more than a specified number of miles, as eight, per hour." 1 2 Bl. Co

See Ancestor; Bastard; Child; Consanguinity; Descent; Mother; Name, 1; Parent. Compare Pater; Partus. FAUCES TEBRiE. L. The jaws of the land: projecting headlands inclosing an arm

1. An improper act due to ignorance, negligence or willfulness,' qq. v. Compare Culpa; Delictum. In averments in pleadings, lias substantially the same meaning as "negligence."* At

See CsALLENaE, 3; Prefer, 3; -Prejudice..

An endowment in land, or a pension in money, given to a cathedral or conventual church in prcebendam: for maintaining a secular priest or regular canon as a prebendary. 2

See Federal; Confederation. FCEIfUS IfAUTICUM. L. Marine interest. Sometimes designates a loan of money to be employed in an adventure by sea, upon condition to be repaid witli ext

' The oath or obligation of a vassal, under the feudal system, to be faith- "f ul to his lord and defend him against all enemies. 8 The original of the oath of allegiance, g. u. Se

See Affray; Defense, 1; Du- ' RESS; Influence; Quia Timet; Robbery..FEASANCE.^ A doing; a performing or performance. Gratuitous feasance. A voluntary service— rendered or undertake

See Holiday; Year, Leap-year.

1. Pertaining to a league or compact between independent sovereignties. 2. Composed of states which retain only a portion of their original sovereignty; relating to the constitutio

A publication issued from 1787 to 1789, and consisting of papers, written by Hamilton, Madison, and Jay, intended to prepare the people for accepting the Constitution. Of its eight

See Issue, 2.

See Partner; Servant.

1. A felon (g. v.) of himself. He that deliberately puts an end to his own existence, or commits any unlawful malicious act, the consequence of which is 1 Trist V. Child, 81 Wall.

* An offense which, at common law, occasioned a total forfeiture of lands or goods, or both, and to which capital or other punishment could be added, according to the degree of gui

See Feme; Gsndee; Venter; Woman. FEME; or FEMME. F. A woman; a wife. Feme is the older form: L. femella^ femina, a young woman. Plural, femes, femmes. Feme covert, or feine.^overt.

A line of obstacle, composed of any material that will present the desired obstruction.* Partition fence. As contemplated in a statute, a fence on the line between two proprietors,

See Feud.

1. The gift of a feud; infeudation. See Feud. Enfeoff. To give a feud. reoffor. The grantor of a feud. Feoffee. The giantee of a feud. 2. The gift of any corporeal hereditament," b

' A place where persons and things are taken across a stream or body of water, in boats, for hire.^ May refer to the water traversed or to the landingplace or places." Ferry frahc

See Feud.

3 Land held of a superior, on condition of rendering him service. Opposed to allodium, the absolute or ultimate property, which continued to reside in the superior.* See Allodial.

See Fieri.

Ex mero motu. Out of pure free-w Ul. See Motion, 1. Ex mora. From delay, or default. Ex necessitate. From necessity; necessarily. Ex necessitate legis. From urgency of the law. Ex

Ex parte. On behalf of. Abbreviated ex p., and exp. See Pars. Ex post facto. After the fact. See Factum, Ex post facto.. Ex proprio. Of his or its own. Ex proprio motu. Of his own

3 That which is feigned, assumed, pretended. The legal assumption that something is true which is or may be false; an assumption of an innocent and beneficial character, made to ad

See Faith; Fides; Insurance; Trust, 1.

Trust, confidence, reliance; credence, belief, faith. Bona fides. Good faith. Bona fide. In, witii, or by good faith. Mala fides. Bad faith. Mala fide. In, with, or by bad faith. U

s Held, founded, resting upon an actual trust: as, a fiduciary — capacity or character, contract or relation, debt, debtor, creditor. Fiducial. Of the nature of a trust. ■ 2 BI. Co

1. A lot in a town may be a field." But a one-acre lot used for cultivating vegetables is a "garden." 8 See Agriculture. 2. "In the iield," said of a soldier, means in the military

See Citizen. FIGrHT. Does not necessarily imply that both parties should give and take blows. It is sufficient that they voluntarily put their bodies in position with that intent.

Numerals. At-abic, 1888; Roman, MDCCCLXXXVni. The objection to using Arabic figures in formal documents is that they may be readily altered. In some States they are not allowed in

2 1. At common law, a thread, string or wire, upon which writs or other exhibits ai'e fastened for safe-keeping and ready reference.^ 3. To exhibit or present to a court in the reg

See Emancipation; Parent.

A child; a son. Filius nullius. The child of nobody. Filius populi. The child of the people. A bastard, q. v.

A thread; a line — the middle line of a stream or road. The imaginary line drawn through a stream or highway at which the titles of the opposite owners presumably meet.* Filum aq.u

See Final; Fine.

See Final; Pekpect. Moving into a house may not estop the owner to deny th/it it was finished, within the meaning of his acceptance of an order " to be paid when the house is finis

A policy of insurance against Are includes every loss necessarily following directly from the occurrence of a fire.s See Cause, 1, Proximate; Explosion; Insurance; Lightning. Fire-

See Partnership; Signature; Trade-mark.

1. Preceding all others; foremost, earliest, preferred: as, first — mortgage, occupant, purchaser, talier, term; first of exchange, qq. v. 2. In a will, may not import precedence o

See Confiscate; Forfeiture. FISH; FISHERY. 1. The right to take fish at a certain place or in particular waters is a " fishery." Common of fishery or piscary. A liberty of fishing

8 1. To render finally liable: as, to fix bail, q. v. 3. To set for trial or hearing: as, to fix a case on a list. 3. To prescribe the rule by which a thing is to be determined: as

a thing fixed or affixed to another thing. A thing fixed in a greater or less degree to realty.' Anything annexed to the freehold; that is, fastened to or connected with it. A chat

A cheating; deceit; imposition; fraud. Compare Dolus. rraus est eelare fraudem. It is a fraud to conceal a fraud. Concealment (g. «.) may amount to fraud. Fraus latet in generalibu

A section of a building between horizontal planes. The words, used in a lease, the "first floor" are equivalent to the " first story " of the building, and naturally include the wa