Black's Law Dictionary

The exception proves the rule. 11 Coke, 41; 3 Term, 722. Sometimes quoted with the addition "de rebus non exceptis," ("so far as concerns the matters not excepted.")

An exception which confirms the law explains the law. 2 Bulst. 189.

An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and

An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in consequence of the rule that

An exception should always be put last. 9 Coke, 53.

A defense to an action for the recovery of money loaned, on the ground that the loan was made to a minor or person under the paternal power of another; so named from the decree of

A defense to an action on a contract of suretyship, on the ground that the surety was a woman and therefore incapable of becoming bound for another ; so named from the decree of th

An exception or plea analogous to that of the statute of limitations in our law ; viz., that the lime prescribed by law for bringing such actions has expired. Mackeld. Rom. Law, §

Lat With all necessary exceptions.

In old English law. A party who entered an exception or plea.

Extracts.

Of certain 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, 40b.

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

Tending to or marked by excess, which is the quality or state of exceeding the proper or reasonable limit or measure. Railway Ch v. Johnston, 106 Ga. 130, 32 S. E. 78. —Excessive b

Bail in a sum more than will be reasonably sufficient to prevent evasion of the law by flight or concealment; bail which la per se unreasonably great and clearly disproportionate t

Damages awarded by a j'liry 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 giv

Excessus in re qualibet jure reprobatur communi. Co. Litt. 44. Excess in law is reprehended. Excess in anything is reprehended at common law.

In conveyancing. A mutual grant of equal interests, (in lands or tenements,) the one in consideration of the other. 2 Bl. Comm. 323; Windsor v. Collin-son, 32 Or. 297, 52 Pac. 26;

One who negotiates bills of exchange drawn on foreign countries or on other places in the same country; one who makes and concludes bargains for others in matters of money or merch

See Bill of Exchange.

In ecclesiastical law. 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 bath are inducted,

That department of the English government which has charge of the collection of the national revenue; the treasury department. It is said to have been so named from the chequered c

A division of the English high court of justice, to which the special business of the court of exchequer was specially assigned by section 34 of the judicature act of 1873. Merged

Bills of credit issued in England by authority of parliament. Brande. Instruments issued at the exchequer, under the authority, for the most part, of acts of parliament passed for

An inland imposition, paid semetimes upon the consumption of the commodity, and frequently upon the retail sale. 1 Bl. Comm. 318; Story, Const. § 950; Scholey v. Rew, 23 Wall. 346,

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 English law. 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 grantee thereof can exercise, and from which all ot

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

Out of comity or courtesy.

Excommunication, (q. v.) Co. Litt. 134a.

From or out of loan. A term applied in the old law of England to a right of action arising out of a loan. (commodatum.) Glanv. llb. 10, c. 13; 1 Reeve, Eng. Law, 166.

A sentence of censure pronounced by one of the spiritual couris for offenses falling under ecclesiastical cognizance. It is described iu the books as twofold: ' (1) The lesser exco

In ecclesiastical law. A writ issuing out of chancery, founded on a bishop's cortificate that the defendant had bcen excommunicated, and requiring the sheriff to arrest and Impriso

A writ to the sheriff for delivery of an excommunicated person out of prison, upon cortificate from the ordinary of his conformity to the ecclesiastical jurisdiction. Fitzh. Nat Br

Co. Litt. 133. Every legal act is forbidden an excommunicated person, so that he cannot act, nor sue any person, but he may be sued by others.1

A writ commanding that persons excommunicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authorit

By a comparison of writings or handwritings. A term in the law of evidence. Best, Pres. 218.

From the premises granted. According to what has been already allowed.

With consultation or deliberation.

Immediately; without any interval or delay; incontinently. A term of the civil law. Calvin.

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 a

Out of court; away from the court.

Admitting of excuse or palliation. As used in the law, this wordimplies that the act or omission spoken of is on its face unlawful, wrong or liable to entail loss or disadvantage o

One committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent. People v. O'Connor, 82 App. Div. 55, 81 N. Y

See Homicide.

In practice, and particularly with reference to the setting aside of a judgment taken against a party through his "excusable neglect," this means a failure to take the proper steps

Bac. Max. r. 15. That may excuse or palliate a wrongful act in capital cases which would not have the same effect in civll injuries. See Broom, Max. 324.

In the civil law. An excuse or reason which exempts from some duty or obligation.

In English law. An excuser. In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange.

Co. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have baen brought, he has been beyond sea for any reason.

A reason alleged for doing or not doing 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 of a 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 justico; of right; as a matter of right The opposite of ex gratia, (q. v.) 3 Bl. Comm. 48, 67.

From fall-ure of blood; for want of issue.

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

Infamy arises from the crime, not from the punishment

(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.

From length of time [after lapse of time] all things are presumed to have been done in due form. Ch Litt. 6b; Best, Ev. Introd. § 43; 1 Greeni. Ev. § 20.

A phrase vised by stock brokers, meaning that a sale of corporate stock does not carry with it the seller's right to receive his proportionate share of a dividend already declared

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

Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or lllegal act Cowp. 343; Bro

Co.. Litt. 86. From granis not containing military fees or grand serjeanty, a kind of general name is used by us, which is "socage."

A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. —Ne. exeat. A writ which forbids the person to whom it is addressed to leav

To finish, accomplish, make complete, fulfill. To perform; obey the injunctions of. To make; as to execute a deed, which includes signing, sealing, and delivery. To perform; carry

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

An executed sale is one which is final and complete in all its particulars and details, nothing remaining to be done by either party to effect an absolute transfer of the subject-m

A consideration which is wholly past. 1 Pars. Cont. 391. An act done or value given before the making of the agreement.

See Contract.

'See Estate.

The 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. Abol

A remainder which vests a present interest in the tenant, though the enjoyment is postponed to the future. 2 BI. Comm. 168 ; Fearne, Rem. 31; Hudson v. Wadsworth, 8 Co.nn. 359.

One completed by delivery of the property; one where nothing remains to be done by either party to effect a complete transfer of the subject-matter of the sale. Fogel v. Brubaker,

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

The first use in a conveyance upon which the statute of uses operates by bringing the possession to it, the combination of which, i. e., the use and the possession, form the legal

In practice. A writ carried into effect by the officer to whom it is directed. The term "executed," applied to a writ, has been held to mean "used." Amh. 6i.

Lat The doing or following up of a thing; the doing a thing completely or thoroughly; management or administration. In old practice. Execution; the final process in an action. —Exe

3 Inst. 212. Execution is the execution of the law according to the judgment.

Co. Litt. 289. Execution la the end and fruit of the law.

Management or administration of goods. Ad ecclesiam et ad amicos pertinebit executio bonorum, the execution of the goods shall belong to the church and to the friends of the deceas

2 Roll. 301. The execution of law does no Injury.

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 will.

One who, having recovered a judgment against the debtor for his debt or claim, has also caused an execution to be issued thereon.

A writ commanding execution of a judgment Obsolete. Chwell.

A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82.

A writ directed to the judge of an inferior court to do execution upon a judgment therein or to return some reasonable cause wherefore he delays the execution. Fitzh. Nat Brev. 20.

The name given to him who puts criminals to death, according to their sentence; a hangman.

Sometimes from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further decree of the court upon a bill filed for that

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

In French law. A right founded on an act passed bsfore a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold the property of his

As distinguished from the legislative and judicial departments of government, the executive department is that which is charged with the detail of carrying the laws into effect and

A political term in England, applicable to the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are administered. The

An officer of the executive department of government; one in whom resides the power to execute the laws; one whose duties are to cause the laws to be executed and obeyed. Thome v.

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

In Scotch law. A creditor of a decedent who obtains a grant of administration on the estate, at least to the extent of so much of it as will be sufficient to discharge his debt, wh

In Scotch law. One appointed by the court; equivalent to the English "administrator with the will annexed."

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

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