Black's Law Dictionary

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.

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

A consideration which is to be performed after the contract for which it is a consideration is made.

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

A general term, comprising ali future estates and interests in land or personalty, other than reversions and remainders.

A limitation of a future interest by deed or will; if by will, it is also called an "executory devise."

In the law of Louisiana, a proceeding which is resorted to in the following cases: When the creditor's right arises from an act importing a confession of judgment, and which contai

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

A contingent remainder; one which exists where the estate is limited to take effect either to a dubious and uncertain person or upon a dubious and uncertain event. Temple v. Scott,

One which requires the execution of some further instrument, or the doing of some further act, on the part of the creator of the trust or of the trustee, towards its complete creat

These are springing uses, which confer a 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.,

A female executor. Hardr. 165, 473. See Executrix.

A woman who has bcen 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. BeU. Exempla illustrant non restr

See DAMAGES.

An official transcript of a document from public records. made in form to be used as evidence, and authenticated as a true copy.

A writ granted for the exemplification or transcript of an original record. Reg. Orig. 290.

For the purpose of example or for instance. Often abbreviated "ex. gr." or "e. g."

In the civil law. Copy; a written authorized copy. This word is also used in the modem sense of "example,"—ad exemplum constituti singulares non trahi, exceptional things must not

n. One who is free from 11a-bllity to military service; as distinguished from a Retail, who is one belonging to the army, but detached or set apart for the time to some particular

Freedom from a general duty or service; iminunity from a general burden, tax or charge. Green v. State, 59 Md. 128, 48 Am. Rep. 542; Koenig v. Railroad Co., 3 Neb. 380; Long v. Con

Laws which provide that a certain amount or proportion of a debtor's property sball be exempt from execution.

It is a maxim of law that words of exemption are not to be construed to import any liability ,v the maxim expressio unius exclusio altenus, or iis converse, exclusio unius inclusio

Out of purchase; founded on purchase. A term of the civil law, adopted by Bracton. Inst. 4, 6, 28; Bract, fol. 102. See Actio ex Empto.

Persons who are not bound by law, but excused from the performance of duties imposed upon others.

In old English law. A gift; a new year's glft Cowell.

Lat. Let it be executed. In French practice, this term is subscribed by judiclal authority upon a transcript of a judgment from a foreign country or from another part of France, an

To make use of. Thus, to exercise a right or power is to do something which it enables the holder to do. U. S. v. Souders, 27 Fed. Cas. 1267; Cleaver v. Comm., 34 Pa. 284; Branch v

A soldier; a vassal Spelman.

In the civil law. An action which lay against the employer of a vessel (exercitor navis) for the contracts made by the master. Inst. 4, 7, 2; 3 Kent, Comm. 16L Mackeld. Rom. Law, §

The trust given to a ship-master.

Lat. The temporary owner or charterer of a ship. Mackeld. Roin. Law, § 512; The Phebe, 19 Fed. Cas. 418.

In old English law. A heriot paid only in arms, horses or mllitary acoouterments.

In old European law. An army; an armed force. The term was absolutely indefinite as to number. It was applied, on various occasions, to a gathering of forty-two armed men, of thirt

The name given to a record preserved among the muniments and charters belonging to the dean and chapter of Exeter Cathedral, which contains a description of the western parts of th