A Dictionary of Law

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

In equity practice. One which is filed when, from the neglect of parties or some other cause, it may became impossible to carry a decree into execntion without the further deeree o

The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a wil

A writ commanding execution of a judgment. Obsolete. Cowell. EXECUTIONE FACIENDA IN

A writ directed to the judge of an inferior court to do execution upon a judgment therein, or to return some reasonable cause whercfore le delays the execution. Fitzh. Nat. Brev. 2

The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of witnesses.

In French law. Aright founded on an act passed before a notary, by which the ereditor may immediately, without citation or summons, seize and cause to be sold the property of his d

As distinguished from the legislative and judicial departments of government, the executive department is that which is charged with the detail of carrying iy ascd as an impersonal

or MINISTRY, A political term in England, applicable te the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are admi

<A person appointed by a testator to carry out the directions and requests in his will, and to dispuse of the property according to his testamentary provisions after his decease. O

LExeceutor of his own wrong. A person who assumes to act as executor of an estate without any lawfal warrant or authority, but who, by his intermeddling, makes himself liable as an

An executor who has assets of his testator who in his life-time made himself liable by a wrongful interference with the property of another. 6 Jur. (N. 8.) 543.

That which is yet to be executed or performed; that which remains to be carried into operation or effeet; incomplete; depending upon a future performance or event. The opposite of

<A contract which is to be executed at some future time, and which conveys only a chose in actien. 2 Bl. Conim. 443; 2 Kent, Comm. 511, 512, note. See Execurep Contract.

An estate or interest in lands, the vesting or enjoyment of which depends upon some future contingency. Such estate may be an evecutory devise, or an excecutory remainder, which is

These are the fines sur coynizance de droit tanfuim,; sur conecssit; and sur done, grant et render. Abolished by 3 & 4 Wm. IV. c. 74.

A general term, comprising all future estates and {nterests in land or personality, other than reversions and remainders,

A process which can be resorted to in the following cases, namely: (1) When the right of the ¢ereditor arises from an act importing confession of judgment, and which contains a pri

One whichrequires the execution of some further instrument, or the dving of some further act, on the part of the ereator of the trust or of the trustee, towards its complete creati

Thesearespringing uses, which confera legal title answering to an executory devise; as when a limitation to the use of A. in fee is defeasible by a limitation to the use of B., to

A woman who has beew appointed by will to execute such will or testament.

In Scotch law. The movable estate of a person dying, which goes to his nearest of kin. So called as falling under the distribution of an executor. Bell. Exempla illustrant non rest