A New Law Dictionary and Glossary

Fr. A bishop. Utt. sect. 651.

Fr. A bishopric. Litt, sect. 651.

[from Lat. evincere, q. v.] In the civil law. To take something from a person by virtue of a judicial sentence or recovery at law. Evincere est aliquid vinr cendo auferre,* Potkier

[Lat. evictio, from evincere, to overcome, to prevail in law.] In the civil law. The abandonment which one is obliged to make of a thing, in pursuance of a sentence by which he is

In the common law. The recovery of lands, Ac, by form of law.* 10 Co. 128. Tomlins. The reooveiy from a tenant of the whole or a part of the demised premises, by a title paramou Dt

[Lat. evidentia, from evidens, cle.ar.] That which tends to render evident, or clear; the means by which the truth of a fact or point in issue is made c\e&r or demonstrated.* Best

A term applied to written instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Jv. Y. Rev. Stat. [599,] 601, § 5.

Deeds and other documents establishing the title to property, especially real estate, {quibusjus prcediorum Jlrmatur, ) Spelman.

Lat. In the civil law. To overcome or prevail at law, (vincere judicio.) Calvin's Lex. Jur. To take a thing from one by right of ownership, through a judicial sentence, (per senten

[from L. Fr. ewe, q. v.] In old English law. Toll paid for water passage. The same as aquage. Cowell. Tomlins.

Sax. [from ewe, marriage, and brice, or bryce, a breach.] Marriage breach; adultery. Cowell. Blount. Tomlins.

Lat. Out of abundance; abundantly; superfluously; more than sufficient. Calv. Lex. Jur. Ex abundanti cautela; out of abundant or excessive caution. EX AEQUO ET BONO. Lat. According

A wrong done by an officer or one in protendea authority, by taking a reward or fee for that whicn the law allows not. Jacob. Tomlins,

Lat. In old English law. One who collected taxes and other public monies. Exactor regis; the king's exactor, who collected the taxes and other monies due to the treasury. In the co

Exidoniare. L. Lat. In old European law. To manumit, or make free. Spelman. L. Alaman. tit. 18, § 6, cited ibid.

Lat. To raise or elevate. Exodtare stagnum; to raise a pool. Reg. Orig. 199. F. AT. B. 184, O. To raise the water in a pond by dainming, so itt to overflow another's land. Braet. f

Lat. Atrial. Meamen eompuH; the balance of an account. Towm. PI 223.

In practice. A conditional examination. The examination of a witness out of court before a trial, with the view of using his deposition in case his personal attendance cannot be pr

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.

In old English practice. A roll into which (in the old way of exhibiting sheriff's accounts,) the illeviable fines and desperate debts were transcribed, and which was annually read

Lat. At, in or upon the discretion of the jud^e. 4 BL Com. 894. A term of the civil law. Inst 4. 6. 31.

Lat. By or with the father's consent. Litt. sect. 40. 2 BL Com. 133. See Cro. Jac. 415, 587. EX A8SIGNATI0NK L. Lat. From, or on the assignment! Beff, Orig. 15 b.

Lat. 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. Calv, Lex. Jur. Si

Excamhire. L. Lat. In old English law. To exchange. Spelman, Excam^iator; an exchanger, a broker. Cowell,

In Scotch law. Exchange. 1 Forbes* Inst, part 2, p. 173.

Escam Jnum, Cambium, L. Lat. In old English law. Exchange of lands. 4 Co, 121. The word implied a condition and also a warranty. Id. ibid. Exchange of money. Molloy de Jur. Mar. 31

Lat. By title. Ex causa successionis, sive ex causa perquisiti; by title of succession, or by title of purchase. Bract. fol. 92 b. Ex causa successionis, vel donationis, vel ex cau

Fr. An exception, or plea. Britt. c. 48.

Lat. Saving the royal dignity. 1 Bl, Com. 205. 67 EXCfiPTlO. Lat. [from empere, to eicept or take out.] In the Roman law. An exception. In a general sense, — a judicial allegation

Lat. In modem civQ law. Any objection of a defendant by which he alleges a newfa^t, in order to defend himself against the action; as distinguished from a simple denial of the fact

Lat. In the civil law. A dilatory exception; called also temporalis, (temporary;) one which defeated the action for a time, {gum ad ternjms nocet,) and created delay, {et temporit

Lat. In the civil law. An exception or plea of fraud. /iw<. 4. 13.1,9. ^raci. fol. 100 b.

Lat. In the civil law. An exception on the fact; an exception or plea founded on the peculiar circumstances of the case. Inst. 4. 13. 1. Calv. Lex. Jur.

Lat In the civil law. 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 instan

Lat. [L. Fr. excepcto».] In the early common law. The defendant's answer to the plaintiff 's declaration, (narratio, or intentio;) the first pleading in an action on the part of th

Lat. In old practice. An exception taken by a party at the tnal of a cause. Stat. Westm. 2, c. 31.

Lat. In old conveyancing. An exception in a deed, release, &c. Exceptio semper ultima ponenda est. An exception should always be put last. 9 Co. 63.

Lat. La the civil law. An exception or plea of fear or compulsion. Inst 4. 13. 1, 9. Brad, fol. 100 b. Answering to the modem plea of duress. See Duress.

In practice. An objection in writing taken in the course of an action; as to bail or security put in by one of the parties; to an opinion of a judge expressed on the trial of a cau

In equity practice. A formal written statement of objections to a pleading, or master's report. The usual grounds of exception to a pleading are scandal, impertinence and insuffici

In conveyancing. A clause in a deed whereby the grantor, lessor, <&c,, excepts something out of that which he has before granted, (as ground out of a manor, a room out of a house,

In practice. An exception taken by the counsel of a party, on the trial of a cause, to a decision made by the judge in the course of the trial, or to an opinion expressed or direct

In practice. An objection on the part of the plaintiff to the special bail put in by a defendant in an action at law, on the ground of their insufficiency. 1 Tidd's Pr. 255. 1 Arch

Lat. In the civil law. An exception of compact; an exception or plea that the plaintiflF had agreed not to sue. Inst, 4. 13. 3. EXCEPTIO PECUNIJS NON NU-

Lat. In the civil law. A peremptory exception; called also perpetua, (perpetual); one which forever destroyed the subject matter or ground of the action, (qucB semper rem de qua ag

Lat. In the civil law. 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

Lat. In the civil law. An exception or plea of time, or lapse of time; that is, that the action had not been brought within the time limited by kw.* 1 Mackeld. Civ. Law, 200, § 200

Lat. In old conveyancing. Excepting; excepted. One of the apt words for denoting an exception in a deed. Exceptis pr<B-€xcepii9; excepting what was before excepted; except as above

Lat. Of certain or sure knowledge. Formal words anciently used in letters patent, implying that the king had full knowledge and understanding of the matter. 1 Co. 40 b; Alton Wood'

[L. Lat. excambium, L. Fr. eschange.] In conveyancing. A mutual grant of equal interests in lands, the one in exchange, or consideration for the other; one of the species of primar

A commutation, transmutation or transfer of goods for other goods, as distinguished from sale, which is a transfer of goods for money. 2BI. Com. 446. 2 Sieph. Com. 120.

[L. Fr. eecheguiir, eschequer, escheker; L. Lat. scaccarium; from [tal. sccuxo, a chess board, or Germ, scj^atf, a treasure.] An establishment of very remote antiquity in England,

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 fo

Court of. A court of appeals in England, established to correct the errors of the thi-ee superior courts of common law, (the Queen's Bench, Common Pleas and Exchequer,) consisting

One of the three superior courts of law in England, (inferior, however, in rank to both the Queen's Bench and the Common Pleas;) originally intended principally to order the revenu

[from Belg. aedise, tribute.] An inland imposition upon commodities, charged in most cases on the manufacturer. 2 Stq>h. Com. 679. — A duty or tax laid on certain articles produced

Lat. In old English law. A sluice; a structure for carrying off water, especially such as is dammed or pent up, as in a mill pond or fish pond. Cowell, Reg. Orig. 96. In old Englis

Slusagium. L. Lat A sluice or sluisage. CowtlL 1 lion. AngL 398, 868» cited Md.

Lat. Out of comity, or courtesy. 2 JS^ent's Com. 457. See Comitas.

Fr. [Lat.«a%ofnmtfiuca^ttf.] Ezcommunici^ted. Liit sect. 201* Co. LitL 133 b.

Lat. 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. lib. 10, c. 13. 1 Reeves' Hist. 166.

[L. Lat. excommunicatio; from ex, from, and communicatio, communion.] In English law. An ecclesiastical interdict or censure, by which a man is cut off from communion with his chur

Lat. From, on or by the grant. Beg. Orig. 75 b.

Lat. From things or premises granted.

Lat. Immediately; without any interval or delay; incontinently. A term of the civil law. Calv. Lex. Jur.

Lat. From contract; arising out of, or founded on contract; the opposite of ex delicto. A term of the civil law, expressive of one of the principal divisions of the grounds of obli

In criminal law. That kind of homicide which the law excuses from the guilt of felony, though in strictness it judges it deserving of some little degree of punishment. It is of two

Lat. [from excutere, to shake out, to search.] In the civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor, before

Lat. In the civil, law. To search thoroughly; to prosecute a remedy against one to the uttermost, especially agamst a principal debtor; to search ad peram et sacculum, to the last

Lat. From fault or crime; arising out of, or founded upon misconduct, malfeasance or tort. A term of the civil law, expressive of one of the principal divisions of the grounds of o

An abbreviation of ex demisiione, (on the demise); frequently used in the titles of ejectment suits. See the reports passim.

Lat. From, or on the demise. Usually written ex dimissume, (q. v.)

Lat. According to the speech, word or expressed opinion of the majority.

Lat. Directly; immediately. Story on Bills, § 199. Ex diuturnitate temporis omnia praesumuntur solenniter esse acta. From length of time [after lapse of time] all things are presum

Lat. Out of fraud. Kx dala nials aaa aritar actia. Out of fraud no action arises; fraud never gives a right of action. Cotrp. 341, 343. Broom* s Max, 349. See Dolus maltis.

Fr. Execution. Britt. fol. 1 b.

To complete, finish, or perfect; to make effectual or operative.* A deed is not complete, and has no operation or effect, until executed, that is, signed sealed and delivered by th

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

A consideration performed prior to the promise upon which it is founded, and which, to be valid, must have been at the precedent request of the promiser. As if I bail a man's serva

A contract which transfers the possession of a thing together with the right; a contract which conveys a chose in possession, as distinguished from a chose in action. 2 BL Com. 443

An estate in possession, by which a present interest passes to, and resides in the tenant, not depending on any subsequent circumstance or contingency. 2 Bl. Com. 162.

A remainder by which a present interest passes to the party, though to be enjoyed in futuro. 2 Bl. Com. 168. See Vested Remainder.

A trust is so called in respect to its creation, when the transaction by which it is created is complete, and in respect to its execution, when no further act is necessary to be do

A use to which the legal possession or estate is transferred or annexed by statute; a use transferred into possession.* 2 Crabb's Beal Prop. 478, § 1654. 1 St^h. Com. 339.

Lat. [from exequi, or exsequi, to follow up.] The doing or following up of a thing; the doing a thing completely or thoroughly; management or administration. See Executio bonorum.

Lat. 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 d

Lat. In old practice. Execution; the final process in an action. See Execution. Executio est finis et fructus legis. Execution is the end and fruit of the law. Co. Litt. 289. An ex

[Lat. execuiio; L. Fr. execucyon,] The completion of an act or proceeding, by which it is rendered operative or effectual; a following out or carrying into effect; an enforcement.

In practice. The act or mode of putting the sentence of the law in force, or of carrying into effect the judgment or decree of a court. 3 Bl. Com. 412. A judicial writ, (otherwise

In criminal law. The carrying into effect the sentence of the law by the infliction of capital punishment. 4 BL Com. 403. 4 Steph. Com. 470.

In conveyancing. The formality of signing, sealing and delivery by the party making a deed, or of signing and publication by the party making a will, in the presence of witnesses;

[L. Lat. executor; L. Fr. executour.] A person appointed by a testator, in his last will and testament, to carry it into effect or execution after his decease, and to dispose of hi

Lat. In the civil law. A ministerial officer who executed or carried into effect the judgment or sentence in a cause. Calv. Lex. Jur. citing Prateius and Brissonius. Otherwise call

Fr. An executor of his [own] wrong; an executor by his own wrongful act. A stranger who takes upon himself to act as executor, without any just authority, (as by intermeddling with

Lat. [from exequi, or exsequi, to follow up, execute or perform.] In old English law. A person appointed or authorized to execute or perform a duty or trust; especially to manage a

That which is to be executed or performed; relating to the future; depending upon a future event, or act. See infra.

In Scotch law. The personal estate of a deceased person, falling under the distribution of the executor. Scotch Diet.

A consideration which is to be performed after the making of the promise on which it is founded.* 2 Steph. Com, 113.

A contract which is to be executed at some future time, and which conveys only a c Jiose in action. 2 Bl. Com. 443. 2 Eent*s Com. 611, 612, note. See Executed contract.

In a general sense. A devise of a future interest in lands, not to take effect at the testator's death, but limited to arise and vest upon some future contingency. 1 Feame on Remai