Exception
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
legislation, construction. Exceptions are rules or laws which bound the extent of others; they limit the extent of the rule to which they apply, and render that just and proper, which would be, on account of its generality, unjust and improper; for example, it is a general rule that parties competent may make contracts, the rule that they shall not make any contrary to equity, or contra bonos exception is a clause ina deed, by which the lessor excepts something, out of that which he granted before by the deed. To make a valid exception, these things must concur; 1, tlle exception must be by apt words, as, saving and excepting, &c.; 2, it must be of part of the thing demised, and not of some other thing; 3, it must be part of the thing only, and not of all, the greater part, or the effect of the thing granted; an exception, therefore, in a_ lease, which extends to the whole thing demised, is void; 4, it must be of such thing as is severable from the demised premises, and not of an inseparable incident; 5, it must be of such a thing as he that accepts may have, and which properly belongs to him; 6, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing; 7, it must be particularly described and set forth; a lease of a tract of land, except one acre, would be void, because that acre was not particularly described.
Woodf. Land]. & Ten. 10.