The Cyclopedic Law Dictionary

EXTRINSIC. Extenral evidence, or that which is not contained in the body of a writing.

A written instrument given as an acknowledgment of an indebtedness, or as security therefor, and showing on its face the existence of the debt.

A deed or other document establishing the title to property, especially real estate; quibus jus praediorum firmatur. Spelman.

Having the quality of evidence; constituting evidence; evidencing. A term introduced by Bentham, and, from its convenience, adopted by other writers. Burrill, Circ. Ev. 3, and note

The facts from which the' existence of the principal facts is inferred, and which are mere evidence of such facts. 105 111. 48.

In French law. The act by which a judge is deprived of the cognizance of a suit over which he had jurisdiction, for the purpose of conferring on other judges the power of deciding

A toll paid for water passage. Cpwell. The same as aquagium.

Adultery; spouse breach; marriage breach. Cowell; Tomlin. EX (Lat.) From; of; out of; by or with; on; upon; according to; at or in. EX ABUNDANTI CAUTELA (Lat.) Out of abundant caut

A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than the law allows. Between "extortion" and "exaction" there i

In old English and civil law. A collector. Exactor regis, collector for the king. A collector of taxes or revenue. Vicat; Spelman. The term "exaction" early came to mean the wrong

The king's exactor, who collected the taxes and other moneys due to the treasury. In the counties, this office was performed by the sheriff; in the seaports and cities by the publi

Interrogation; investigation. The interrogation of a person who is desirous of performing some act or claiming some privilege under the law, to ascertain if all the requirements of

A phrase applied to designate a paper which is a copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469.

Persons appointed by law to examine into any matter of fact, to determine the advisability of action by public authorities pursuant to law. Thus, in many states there are examiners

Officers who examine, upon oath, witnesses produced on either side, upon such interroga- The examiner is to administer an oath to the party, and then repeat the interrogatories, on

A roll containing the illeviable fines and desperate debts, which was read yearly to the sheriff, iij the ancient way of delivering the sherifiE's accounts^ to see what might be go

In Scotch law. To exchange, Excambion, exchange. The words are evidently derived from the Latin excambium. Bell, Diet. See "Exchange."

An exchanger of lands; a broker. Obsolete. EXCAMBIUM (Lat.) In English law. Exchange; a recompense. 1 Reeve, Hist. Eng. Law, 442.

An exceptor; a party entering an exception to any proceeding;.

In Roman Law. An exception. In a general sense, a judicial allegation opposed by a defendant to the plaintiff's action. Calv. Lex., citing Hotoman. A stop or stay to an action oppo

A false plea is the basest of all things. EXCEPTIO FIRMAT REGULAM IN CASIbus non exceptis. The exception affirms the rule in cases not excepted. Bac. Aph. 17. EXCEPTIO FIRMAT REGUL

An objection to the special bail put in by the defendant to an action at law made by the plaintiff, on EXCEPTIS EXCIPIENDIS (Lat.) With all necessary exceptions.

EXponit legem. An exception which confirms the law expounds the law. 2 Bulst. 189. EXCEPTIO QUOQUE REGULAM DECLArat. The exception also declares the rule. Bac. Aph. 17. EXCEPTIO RE

In old English law. A party who entered an exception or plea.

In pleading. A replication to the plea molliter rnanus imposuit, that defendant used more force than was necessary. EXCESSIVUIVI IN JURE REPROBATUR; excessus in re qualibet jure re

In Commercial Law. A negotiation by which one person transfers to another funds which he has in a certain place, either at a price agreed upon, or which is iixed by commercial usag

BILL OF. See "Bill of Exchange." A department of the government which has the management of the collection of the king's revenue. The name is said to be derived from the chequered

COURT OF. See "Court of Exchequer."

Bills of credit issued by authority of parliament. They constitute the medium of transaction of business between the bank of England and the government. The exchequer bills contain

An inland imposition, laid sometimes upon the consumption of the commodity, sometimes on the manufacturer, sometimes upon the retail sale. 1 Bl. Comm. 318; Story, Const. § 950; 7 W

or EXCLUSAGIUM. In old English law. A sluice to carry off water; the payment to the lord for the benefit of such a sluice. Cowell; Reg. Orig. 96. A place in a stream made narrow fo

Under color of. EX COMITATE (Lat.) Out of comity or courtesy; by courtesy. 2 Kent, Comm. 457. EX COMMODATO (Lat. from or out of loan). A term applied in the old law of England to a

In ecclesiastical law. An ecclesiastical sentence pronounced by a spiritual judge against a Christian man, by which he is excluded from the body of the church, and disabled to brin

See "Action."

LETTERS OF. In Scotch law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense.

Out of court. EX DEBITO JUSTITIAE (Lat.) As a debt of justice; as a matter of legal right. 3 Bl. Comm. 48. EX DEFECTU SANGUINIS (Law Lat.) From failure of blood; for want of issue.

Homicide committed under circumstances which constitute, not a justification, but merely an excuse. It is of two sorts: (1) Per infortunium, or by misadventure, where a person unfo

In a broad sense, a reason alleged for the doing or not doing a thing. In a stricter sense, it does not include justification, but implies that, though the act complained of was im

To seize and detain by law. EXCUSSIO (Lat.) In civil law. Exhaust ing the principal debtor before proceeding against the surety. Discussion is used in the same sense in Scotch law.

See "Action." EX DEMISSIONE (Law Lat.) From, or on the demise. Usually abbreviated ex dem. t EX Dl RECTO (law Lat.) Directly; immediately. Story, Bills, § 199.

OMnla praesumuntur solemniter esse acta. From length of time, all things are presumed to have been done in due form. Co. Litt. 6; 1 Greenl. Ev. § 20; Best, Ev. § 43. fr.aud or dece

A right of action cannot arise out of fraud. Broom, Leg. Max. 349; Cowp. 343; 2 C. B. 501, 512, 515; 5 Scott, N. R. 558; 10 Mass. 276. EX DONATIONIBUS AUTEM FEODA militaria vel mag

To complete; to make; to perform; to do; to follow out. The term is frequently used in law; as, to execute a deed, which means to make a deed, including, especially, signing, seali

Done; completed; effectuated; performed; fully disclosed; vested; giving present right of enjoyment. The term is used- of a variety of subjects.

See "Consideration."

See "Contract."

An estate whereby a present interest passes to and resides in the tenant, not dependent upon any subsequent circumstances or contingency. They An estate where there is vested in th

The fine sur cognizance de droit, come ceo que U 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. Aboli

One giving a present interest, though the enjoyment may be future. Fearne, Cont. Rem. 31; 2 Bl. Comm. 168. See "Remainder."

A trust of which the scheme has in the outset been completely declared. Adams, Eq. 151. One in which the devise or trust is directly and wholly declared by the testator or settler,

A use with which the possession and legal title have been united by statute. 1 Steph. Comm. 339; 2 Sharswood, Bl. Comm. 335, note; 7 Term R. 342; 12 Ves. 89; 4 Mod. 380; Comb. 312.

A writ the command in which has been obeyed by the person to whom it was directed. EXECUTIO (Lat.) The doing or following up of a thing; the doing a thing completely or thoroughly;

The accomplishment of a thing; the completion of an act or instrument; the fulfillment of an undertaking. Thus, a contract is executed when the act to be done is performed; a deed

The name given to him who puts criminals to death, according to their sentence; a hangman. In the United States, executions are so rare that there are no executioners by profession

In French law. A right founded on an act passed before a notary, by which the creditor may immediately, without citation or summons, seize and cause to be sold the property of his

That power in the government which causes the laws to be executed and obeyed. The officer in whom the executive power is vested. The constitution of the United States directs that

Those whose duties are mainly to cause the laws to be executed. For example, the president of the United States of America, and the several governors of the different states, are e

One to whom another man commits by his last will the execution of that will and testament. 2 Bl. Comm. 503. A person to whom a testator by his will pommits the execution, or puttin

Executive; pertaining to the execution of official duty. Cent. Diet. To be executed in the future; of such a nature as to take effect on a future contingency.

See "Contract."

A limitation by will of a future estate in lands or chattels. 38 Pa. St. 294. A devise of an estate to take effect upon some contingency subsequent to the testator's death. As to c

Interests which depend for their enjoyment upon some subsequent event or contingency. Such estate may be an executory devise, or an executory remainder, which is the same as a cont

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

Include all future estates and interests in land or personalty, other than reversions and remainders. Rapalje & L.

Any limitation of a future estate, whether it be made by deed, or by way of executory devise {q. V.)

(Lat. via executoria). In Louisiana. A process which can be resorted to in two cases, namely: (1) When the right of the creditor arises from an act importing confession of judgment

A trust is called "executory" when some further act is requisite to be done by the author of the trust or his trustees to give it its full effect. See "Trust."

Springing uses which confer a legal title answering to an executory devise. See "Use."

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

A woman who has been appointed by will to execute such will or testament. See "Executor."

In Scotch law. The movable estate of a person dying, which goes to his nearest of kin. So called, as falling

or EXIGENCY. Probably a corruption of exigents. Demand; need.; want. Thus, exigency of a 'writ, the command of the writ; exigency of a bond, that which the bond requires.

See "Damages."

A perfect copy of a record or office book lawfully kept, so far as relates to the matter in question. 3 Bouv. Inst, note 3107. See, generally, 1 Starkie, Ev. 151; 1 Phil. Ev. 307;

For example. Abbreviated "ex. gr.," or "e. g"

Immunity; freedom from any charge, duty, burden, or liability. Generally used for exemption from process, which; is a right given by law to a debtor to retain certain property free

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

or EXHENIUM. A gift; a New Year's gift. Cowell. EXEQUATUR (Lat.) In French Law. A Latin word which was, in the ancient practice, placed at the bottom of a judgment emanating from a

See "Actio."

The trust given to a ship master.

The temporary owner or charterer of a ship.

A heriot paid only in arms, horses, or military accoutrements.

In Old European Law. An army; an armed force; a collection of thirty-five men and upwards. Laws Inae, apud Spelman. A gathering of forty-two armed men. Laws Boior. tit. 3, c. 8. A

The law arises out of the fact. 2 Inst. 479; 2 Sharswood, Bl. Comm. 329; Broom, Leg. Max. (3d London Ed.) 99.

Out of or by fiction of law. Bracton, fol. 53. EX FREQUENTI DELICTO AUGETUR poena. Punishment increases with Increasing crime. 2 Inst. 479. EX GRATIA (Lat. of favor; of grace). Wor

In Scotch law. To disinherit; to exclude from inheriting. 1 Kames, Eq. 247. EXHIBERE (Lat.) To present a thing corporeally, so that it may be handled. Vicat. To appear personally t

As a verb, to produce a thing publicly, so that it may be taken possession of and seized. Dig. 10. 4. 2. To file of record. Thus, it is the practice in England in personal actions,

A complainant In articles of the peace. 12 Adol. & E. 599. EXHIBITIO BILLAE (Law Lat.) In old practice. A phrase formerly used in pleading, and generally equivalent to "the commenc

In Scotch law. An action for compelling the production of writings. See "Discovery."

Upon the hypothesis. EX INDUSTRIA (Lat.) Intentionally; from fixed purpose.

That upon which it is conditioned.

In English law. An officer who makes out exigents.

EXIGI FACIAS. In practice. A writ issued in the course of proceedings to outlawry, deriving its name and application from the mandatory words found therein, signifying, "that you c

An officer who made out exigents and proclamations. Cowell. The office is now abolished. Holthouse. EXIGI FACIAS (Law Lat.) Another name of the writ of exigent; being the two empha

Demandable; that which may be exacted.

Banishment; a person banished. EXILIUM (Lat.) In old English law. Exile; setting free or wrongly ejecting bondtenants. Waste is called exilium when bondmen {servi) are set free or

NAtalis soli mutatio, legum nativarum amissio. Exile is a privation of country, a change of natal soil, a loss of native laws. 7 Coke, 20. EXISTIIMATIO (Lat.) The reputation of a R

Anew; afresh. Bracton, fol. 293.

The wound made in coming out by a weapon which has passed through the body, or any part of it. 2 Beck, Med. Jur. 119. EX ITU S (Lat.) An export duty; issue, child or offspring; ren

In old English law. Outlawry. Laws Edw. Conf. c. 38; Spelman.