Black's Law Dictionary

Any species of proof or probative matter, legally presented 8t the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete ob

Evidence from outside, from another source. In certain cases a written instrument may be explained by evidence aliunde, that is, by evidence drawn from sources exterior to the inst

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. Y. p. 599, § 55.

A deed or other document establishing the title to property, especially real estate.

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

Those which have a legitimate bearing on the matter or question in issue and which are directly (not inferential) established by the evidence in the case. Woodfill v. Patton, 76 In

In French law. The withdrawal of a cause from the cognizanco of an interior court, and bringing it before another court or judge. In seme respects this process resembles the procee

(In Fr. Etoe, water.) In old English law. Toll paid for water passage, The same as aquage. Tomlins.

Adnitery; spouse breach; marriage breach. Cowell; Tomlins.

An offico in the royal household where the table linen, etc., is taken care of. Wharton.

1. A Latin preposition meaning from, out of, by, on, on account of or according to. 2. A prefix, denoting removal or cessation. Prefixed to the name of an office, relation, status,

Out of abundance; abundantly; superfluously; more than sufficient. Calvin.

Lat Out of abundant caution. "The practice has arisen abundanti cautela." 8 East, 326; Lord Ellenborough, 4 Maule & S. 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 civil law. A gatherer or receiver of money; a collector of taxes. Cod. 10, 19. In old English law. A collector of the publlc 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, i. e„ to raise the surface of a pond or pool.

Of the other part

L. Lat A trial. Examen oomputi, the balance of an account. Townsh. PI. 223.

An investigation; search; interrogating. In trial practice. The examination of a witness consiste of the series of questions put to him by a party to the action, or his counsel, fo

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 prov

This phrase does not mean the examination of the account to ascertain the result or effect of it, but the proof by testimony of the correctness of the items composing it. Magown v.

This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, touching the state of his property. This is authorized in the United States by Rev. St. § 5086

An inquiry made at the patent-office, upon application for a patent, into the novelty and utility of the alleged invention, and as to its interfering with any other patented invent

An investigation 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 th

See Private Examination, infra.

When a person claims to be entitled to an estate or other property sequestered, whether by mortgage, judgment, lease, or otherwise, or has a title paramount to the sequestration, h

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

In English law. A person appointed by a court to take the examination of witnesses in an action, i. e., to take down the result of their interrogation by the parties or their couns

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

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

In old English practice, A roli into which (in the old way of exhibiting sheriffs' accounts) the illevia-ble fines and desperate debts were transcribed, and which was annually read

The best interpretation [of a part of an instrument] is made from the antecedents and the consequents, [from the preceding and following parte,] 2 Inst. 317. The law will judge of

At, in, or upon the discretion of the judge. 4 Bl. 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 ostium ecclesiæ, during the life of the father of the husband; the son, by the father's consent expressly given, endowin

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.

In Scotch law. To exchange. 6 Bell, App. Cas. 19, 22.

An exchanger of lands; a broker. Obsolete.

In Scotch law. Exchange. 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 lleu of dower ad ostium eccle-siœ.

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

L. Lat. By title.

In English law. The title of a viceroy, governor general, ambassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the na

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

In Roman law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calvin. A stop or stay to an action opposed by the defendant

A dilatory exception ; called also "temporalis," (temporary ;) one which defeated the action for a time, (quæ ad tempus nooet,) and created delay, (et temporis dilationem tribuit;)

An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. lOOb.

A claim of ownership set up in an action for the recovery of property not in the possession of the plaintiff. Mackeld. Rom. Law, § 299.

A defense to an action for the restitution of a dowry that it was never paid, though promised, available upon the dissolution of the marriage within a limited time. Mackeld. Rom. L

A plea of that matter the dissolution of which is sought [by the action] is null, [or of no effect] Jenk. Cant. 37, case 71.

A plea denying a fact is the last of all.

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

A. plea or defense of a personal nature, which may be alleged only by the person himself to whom it is granted by the law. Mackeld. Rom. Law, § 217.

A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, in

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 his creditor, (c

An exception or plea of fear or compulsion. Inst. 4, 13, 1, 9; Bract, fol. 100b. Answering to the modem plea of duress.

In practice. A formal objection to the action of the court, during the trial of a cause, in refusing a request or overruling an objection; implying that the party excepting does no

An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plnintiff is not entitled to sue because he has not performed his own

A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an acquittance or receipt given by the person to whom the payment is st

An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255.

There is [can be] no plea against an action which destroys [the matter of] the pica. Jenk. Cent. 106, case 2.

An exception of compact; an exception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.

An exception or plea of money not paid ; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.

A peremptory exception; called also "perpetua," (perpetual ;) one which forever destroyed the subject-matter or ground of the action, (guæ semper rem de qua agitur perimit;) such a

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