Excellency

A title given by courtesy to the governors of the states, to the President of the United States, and to ambassadors. EXCEPTIO REI JUDICAT/E. A Roman law term equivalent to a plea of former judgment.

Bigelow, Estoppel 41.

EXCEPTION (Lat excipere: ex, out of, capere, to take). A clause in a deed by which the lessor excepts something out of that which he before granted by the deed. The exclusion of something from the effect or operation of the deed or contract which would otherwise be included. An exception differs from a reservation (q. v.),— the former being always of part of the thing granted, the latter of a thing not in esse, but newly created or reserved; the exception is of the whole of the part excepted; the reservation may be of a risht or interest in *he particular part affected by the reservation.

See Ballou v. Harris, 5 R. I. 419; Hammond v. Woodman, 41 Me. 177, 66 Am. Dec. 219; State v. Wilson, 42 Me. 9; Adams v. Morse, 51 Me. 498; Gould v. Glass, 19 Barb. (N. Y.) 192; 2 B. & C. 197.

The two words, however, are often used indiscriminately; Stockwell v. Couillard, 1l9 Mass. 231; Barnes v. Burt, 38 Conn. 541. An exception differs, also, from an explanation, which, by the use of a videlicet, proviso, etc., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals into particulars; Cutler v. Tufts, 3 Pick. (Mass.) 272. See Reservation. To make a valid exception, these things must concur: first, the exception must be by apt words, as, "saving and excepting," etc.; see Keeler v. Wood, 30 Vt. 242; Ballou v. Harris, 5 R. I. 419; Hammond v. Woodman, 41 Me. 177, 66 Am. Dec. 219; Midgett v. Wharton, 102 N. C. 14, 8 S. E. 778; second, it must be of part of the thing previously described, and not of some other thing; third, it must be of part of the thing only, and not of all, the greater part, or the effect of the thing granted; Richardson v. Milburn, 11 Md. 339; Adams v. Warner, 23 Vt. 395; an exception, therefore, in a lease which extends to the whole thing demised is void; fourth, it must be of such thing as is severable from the demised premises, and not of an inseparable incident; Backenstoss v. Stahler's Adm'rs, 33 Pa. 251, 75 Am. Dec. 592; Goodrich v. R. R., 37 N. H. 167; fifth, it must be of such a thing as he that excepts may have, and which properly belongs to him; sixth, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing; seventh, 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; Co. Litt. 47 a; Hay v. Storrs, Wright (Ohio) 711; Jackson v. Hudson, 3 Johns. (N. Y.) 375, 3 Am. Dec. 500; Darling v. Crowell, 6 N. H. 421; Altman v. Mc Bride, 4 Strobh. (S. C.) 208; see Painter v. Water Co., 91 Cal. 74, 27 Pac. 539. Exceptions against common right and general rules are a valid exception, the thing excepted remains the property of himself or his heirs; but if he has no valid title to it, neither he nor his heirs can recover; Fisher v. Min. Co., 97 N. C. 95, 4 S. E. 772. In Equity Practice. The allegation of a party, in writing, that some pleading or proceeding in a cause is insufficient In Civil Law. A plea. Merlin, Rupert. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought.

La.

Code Proc

Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Declinatory exceptions have this effect, as well as the exception of discussion offered by a third possessor or by a surety in an hypothecary action, or the exception taken in order to call in the warrantor.

Noble v. Martin, 7 Mart. N. S. (La.) 282; Howard v. The Columbia, 1 La. 420.

Peremptory exceptions are those which tend to the dismissal of the action. Some relate to forms, others arise from the law. Those which relate to forms tend to have the cause dismissed, owing to some nullities in the proceedings. These must be pleaded in limine litis. Peremptory exceptions founded on law are those which, without going into the merits of the cause, show that the plaintiff cannot maintain his action, either because it is prescribed, or because the cause of action has been destroyed or extinguished. These may be pleaded at any time previous to definitive judgment; Pothier. Proc. Civ. pt.

1, c. 2, ss. 1, 2, 3.

These, in the French law, are called Fins de non recevoir. In Practice. Objections made to the decisions of the court in the course of a trial.

See Bill of Exception.