Bxceptio

I In old English law. The first pleading on the part -of the defendant; an exception taken by a party to the trial; an objection to a juror; an exception in a deed. Exceptio ad breve prosternenduin: an exception or plea to overthrow or^^bate the writ: a plea in abatement. Exceptio ejns rei cujus petitur dissolntio nulla est: a plea of that matter the dissolution of which is sought [by the action] is null [or of no effect]. Exceptio flrmat regulam ia casibns non exceptis: the exception coniirms or strengthens the rule, in the cases not excepted. Exceptio nulla est versus actionem quae exceptionem perimit: there is [can be] no plea against an action which destroys [the matter of] the plea. Exceptio probat regulam (de rebus non exceptis): the exception proves the rule (so far as concerns things not excepted). Exceptio quje flrmat legem, exponit legem: an exception which confirms the law explains the law. Exceptio rei judicatse: a defense based on a previous adjudication. Exceptio semper ultima ponenda est: an exception should always be put last,— a rule in conveyancing.

In the civil law. An exception; in a general sense, a judicial allegation which the defendant opposes to the action; in a stricter sense, the exclusion of an action which lay in strict law, on grounds of equity; in the modern sense, any objection of a defendant by which ho alleges a near fact by way of defense. Exceptio dilatoria: a dilatory exception. Exceptio doli mali: an exception or plea of fraud. Exceptio in factum: an exception on the fact; an exception or plea founded on the peculiar circumstances of the case. Exceptio jnrisjnrandi: an exception of oath; an exception or plea that the matter had been sworn to. Exceptio metus: an exception or plea of fear or compulsion. Exceptio pact! conventi: an exception of compact; an exception or plea that the^plaintiil had agreed not to sue. Exceptio pecnnise non numeratae: ati exception or plea of money not paid; a defense allowed a party where he was sued on a promise to repay money that he had never received. Exceptio peremptoria: a peremptory exception. Exceptio rei judicatse: an exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Exceptio rei venditiB et traditae: an exception or plea that the article claimed in an action was sold and delivered to the defendant Exceptio temporis: an exception or plea of time, or lapse of time, — that is, of limitation. judge expressed on the trial of a cause, or to a pleading or a master's report in chancery; a clause in a deed excepting something out of that which the deed has granted, as ground out of a manor, or a room out of a house.