A Dictionary of Law

And soa to judgment. Yearb, T. 1 Edw. I. 10.

Andsotothe country. A phrase used in the Year Books, to record an issue to the country.

And hledid so. Yearb. P. 9 ten, Vile 7.

And so it hangs. A term used in the old reports to signify that a point was left undetermined. T. Ray. 168.

An abbreviation for eé xor,— “and wife.” Where a grantor’s wife joing him in the converance, if is sometimes ex- ETIQUETTE OF THE PROFES-

Lat. In going and returning. Applied to vessels. 30. Rob. Adm. 141.

Equal laws and a well-adjusted constitution of government.

This word embraces averything about whicha person can be employed. 23 N. Y. 242, 244. That which occupies the time, attention, and labor of men for the purpose of a livelihood or p

Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.

A subtle endeavoring to set aside truth or to escxpe the punishment of the law. This will not be allowed. If one person says lo another that he will not strike him, but will give h

Tending or seeking to evade; elusive; shifting; as an evasive arguient or plea.

In old English law. The delivery at even or night of a certain portion of grass, or corn, elc., to a customary as a gratuity or encouragement. Kennett, Gloss. Eventus est qui ex ca

See Ea Ave Es-DRor

In the civil law. Torecover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. ‘Todispossess, or turn out of the possession of lands b

Dispossession by process of law; the act of depriving a person of the possession of lands which he has held,-in pursuance of the judgment of a court. Technically, the dispossession

A term applied to written instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Rev. St. N. We p, ogo, & Sa,

Having the quality of evidence; constituting evidence; evidencing. A. term introduced by Bentham, and, from its convenience, adopted by other writers.

(L.Fr, we, water.) In old English law. Toll paid for water passage. The same a8 aguage. Tomlins.

In the right of another. Sea AurER DRo It.

Lat. Out of abundant caution. “The practice has arisen cbundanti cautela.” 8 East, 326; Lord Ellenborough, 4 Maule & 8. 544.

The wrongful act of an officer or other person in compelling payment of a fee or reward for his services, under color of his official authority, where no payment is due, Between “e

In the civillaw. A gatherer or receiver of money; a collector of taxes. Cod. 10, 19. In old English law. A collector of the public moneys; a tax gatherer. ‘Thus, exactor regis was

On the other side. 2 Show. 461. Applied to counsel.

In old English law. To raise; to elevate. Frequently spoken of water, t. ¢,, to raise the surface of a pound or pool,

Lat. Atrial. Haamen computi, the balance of an account. Townsh. Pl. 228.

A provisional examination of a witness; an examination of a witness whose testimony is important and might otherwise be lost, held out of court and before the trial, with the provi

This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, § 5086; and § 5087 authorizes the examination of a bankrupt's wife. f EXAMINATICN OF INVEN-

Aninvestigation made by or for a person who intends to purchase real estate, in the offices where the public records are kept, to ascertain the history and present condition of the

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

In Englishlaw. A person appointed by a court to take the examination of witnesses in an action, Z. ¢., to take down the result of their interrogation by the parties or their counse

An officer of the court of chancery, before whom witnesses are examined, and their testimony teduced to writing, for the purpose of being read on the hearing of the cause. Cowell.

Persons appointed to question students of law in order tu ascertain their qualifications before they are admitted to practice.

According to equity; in equity. Fleta, lib. 3, c. 10, § 3.

Im old English practice. A roll into which (in the oid way of exhibiting sheriffs’ accounts) the illeviable finesand desperate debts were transcribed, ang which was annually read t

At, In, or © upon the discretion of the judge. 4 Bi. Comm. 394. A term of the civil law. Inst. 4, 6, 31.

By or with the consent of the court.

By or with the consent of the father. A species of dower ad ostinim ceclesie, during the life of the father of the husband; the son, by the father’s consent expressly given, endowi

With his assent. Formal words in judgments for damages by default. Comb. 220.

Of the goods or property. A term of the civil law; distinguished from in bonis, as being descriptive of or applicable to property not in actual possession. Calvin.

The temporary owner or charterer of a ship.

In Scotchlaw. Toexchange. 6 Bell, App. Cas. 19, 22.

An exchanger of lands; a broker. Obsolete.

In Scotch law. Ex change. 1 Forb. Inst. pt. 2, p. 173.

An exchange; a place where merchants meet to transact their business; also an equivalent in recompense; a recompense in lieu of dower ad ostium ecclesia,

From the chair. Originally applied to the decisions of the popes from their cvtkedra, or chair. Hence, authoritative; having the weight ef authority.

One who excepts; one who makes or files exceplions; one who objects to a ruling, instruction, or anything proposed or ordered.

In the civil poralds,” (temporary;) one which defeated the action for a time, (que ad tempus nocet,) and created delay, (et temports dilationem tribuit;) such as an agreement not t

In thecivil law. An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract. fol. 1008. Exceptio ejus rei cujus petitur disso- Iutio nulla est. A plea of that matter the dissolution o

Inthe civil law. An exception on the fact. An exception or plea founded on the peculiar circumstances of the case. Inst. 4, 13, 1.

Inthe civil law. An exception of oath; an exception or plea that the matter had been sworn to. Inst. 4, 13, 4. This kind of exception was allowed where a debtor, at the instance of

Inthe civil law. An exception or plea of fear or compulsion. Inst. 4, 18, 1, 9; Bract. fol, 1006. Answering to the modern plea of duress. Exceptio nulla est versus actionem que exc

In the civillaw. An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3. EXCEPTIO PECUNIA: NON NU-

Inthe civil law. A peremptory exception; called also “perpetua,” (perpetual;) one which forevar destroyed the subject-matter or ground exceptio metus, etc. Inst. 4, 13,9. See Dig.

In the civil law. An exception or plea analogous to that of the statute of limitations in our law; viz., that the time prescribed by law for bringing such actions has expired. Mack

With all hecessary exceptions.

Ofcertain or sure knowledge. These words were anciently used in patents, and imported full knowledge of the subject-matter on the part of the king. See 1 Coke, 406. M

When a defendant pleaded to an action of assault that the plaintiff trespassed on his land, and he would not depart when ordered, whereupon he, molliter manus imposuit, gently laid

In order that bail required (or punishment inflicted) should be described as “excessive,” it nnust be, per se, unreasonably great and clearly disproportionate to the oifense involv

Damages awarded by a jury which are grossly in excess of the amount warranted by law on the facts and circumstances of the case; unreasonable or outrageous damages. A verdict givin

A commutution, transmutation, or transfer of goods for other goods, as distinguished from sale, which isa transfer of goods for money. 2 BI. Camm. 446; 2 Steph. Comm. 120. Exchange

In ecclesiastical Jaw. ‘This is effected by resigning them into the bishop's hands, and each party being inducted into the other’s benefice, If either die before both are inducted,

That department of the English government which has chargeof the collection of the national revenue; the treasury department. It is said to hava been s0 named from the cheauered cl

COURT OF. See CouRT OF EXOHEQUER.

COURT OF. In English law. <A tribunal of error and appeal. First, it existed in former times as a court of mere debate, such causes from the other courts being sometimes adjourned

A division of the English high court of justice, to which the special business of the courl of exchequer was specially assigned by section 34 of the judicature act of 1878. Merged

An inland imposition, paid sometimes upon the consumption of the cominodity, and frequently upon the retail sale. 1 Bi. Comm. 318; Story, Const. § 950. The words “tax” and “excise,

A law imposing excise duties on specified commodities, and providing for the collection of revenue therefrom. In a more restricted and more popular sense, a law regulating, restric

In old Englishlaw. A sluice to carry off water; the payment to the lord for the benefit of such a sluice. Cowell.

Shutting out; debarring from interference or participation; vested in one person alone. An exclusive right is one which only the grantce thereof can exercise, and from which all ot

Bycolor; under color of; under pretense, show, or protection of. Thus, ex colore officii, under color of office.

Ont of comity or courtesy.

In ecclesiastical law, A writ issuing out of ecliancery, founded on a bishop's certificate that the defendant had been excommunicated, and requiring the sheriff to arrest and impri

A writ commanding that persons exeommunicated, who for their obstinacy had beer committed te prison, buf were unlawfully seb free before they had given caution to obey the authorit

J rom the premises granted, According to what has been already allowed.

With consultation or deliberation.

Immediately;

From or out of a contract. In both the civil and the common law, rights and causes of action are divided Into two classes, —those arising ex contractu, (from a contract,) and those

LETTERS OF, In Scoteh law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense.

Out of court; away from the court,

In criminal law. The killing of a human being, either by misadventure or in self-defense. The name itself imports some fault, error, or omission, so trivial, however, that the law

In the civil law. Anexcuse orreason which exempts from someduty or obligation. In old German law. A defendant; he who utterly denies the plaintiff’s claim. Du Cane. Exeusatur quis

A reason alleged for doing or not duing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation.

To seize and detain by law.

In the civil law. <A diligent prosecution ofa remedy against a debtor; the exhausting of a remedy against a principal debtor, before resorting to his sureties. Translated “discussi

From or as a debt of justice; in accordance with the requirement of justice; of right; as a matter of right. The opposite of ex gratia, (gq. v.) 3 Bl. Comm. 48, 67.

From failure of blood; for want of issue,

From a delict, tort, fault, crime, or malfeasance. In both the civil and the common law, obligations and causes ot action are divided into two great classes, —those arising ex cont

(commonly abbreviated ex dem.) Upon the demise. A phrase forming part of the title of the old action of ejectment.

Directly; immediately. Story, Bills, § 199. Ex diuturnitate temporis, omnia preesumuntur solemniter esse acta. From leng(h of time [after lapse of time] all things are presumed to

Ont of fraud; ont of deceitful or tortious conduct. A phrase applied to obligalions and causes of action vitiated by fraud or deceit. Ex dolo malo non oritur actio. Out of fraud no

A permission which a bishop granta toa priest to go out of his diocese; also leave to go out generally.

Completed; earried into full effect; already done or performed; taking effect immediately; now in existence or in possession; conveying an immediate right or possession. The opposi

A consideration which is wholly past. 1 Pars. Cont. 391. An act done or value given before the making of the agreement. and where the transaction is completed at the moment thatthe

An estate whereby a present interest passes to and ree sides in the tenant, not dependent upon any Subsequent circumstanee or contingency. They are more commonly called “estates in

‘Tho fine sur cognizance de droit, come ceo que il ad de son done; or a fine upon acknowledgment of the right of the cognizee, as that which he has of the gift of the cognizor. Abo

Are mainder which vests a present interest in the tenant, though the enjoyment is postponed to the future. 2 Bl. Comm. 168; Fearne, Rem. 31.

A trust of which the scheme has in the outset been completely declared. Adams, Eq. 151. <A trustin which the estates and interest in the subject-matter of the trust are completely

The first use ina conyeyanee upon which the statute of uses operates by bringing the possession to it, the combination of which, @. e., the use and the possession, form the legal e

Lat. The doing or follow- {ng up of a thing; the doing a thing completely or thoroughly; management or adminis. tration. In old practices. Execution; the final process in an action

Inold English law. Management or administration of soods. Ad ecelesiam et ad amicos pertinebit executio bonorum, the execution of the goods shall belong to the chureh and to the fr