Exceptio Quae Firmat Legem

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 REI JUDICATAE (Lat.)

In the civil law. An exception or plea of matter adjudged; a pleathat the subject matter of the action had been determined in a previous action. Inst. 4. 13. 5; Dig. 44. 2. This term is adopted by Bracton, and is constantly used in modern law to denote a defense founded upon a previous adjudication of the same matter. Bracton, fols. 100b, 177; 2 Kent, Comm. 120. A plea of a former recovery or judgment. EXCEPTIO REI VENDITAE ET TRADItae. An exception or plea that the article claimed in an action was sold or delivered to the defendant. 1 Mackeld. Civ. Law, 315. EXCEPTIO SEMPER ULTIMA PONENda est. An exception is always to be put last. 9 Coke, 53. EXCEPTIO TEMPORIS (Lat.)

In the civil law. An exception or plea analogous to that of the statute of limitations in our law; viz., that the time prescribed by law for bringing such actions has expired. Mackeld. Civ. Law, § 213. Answering to the modern plea of the statute of limitations. EXCEPTION (Lat. excipere; ex, out of, capere, to take). In Contracts. A clause in a deed by which the lessor excepts something out of that which he granted before 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, — ^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 right or interest in the particular part affected by the reservation. See 5 R. I. 419; 41 Me. 177; 42 Me. 9; 42 Minn. 401; 142 N. Y. 561; 131 111. 490. An exception differs, also, explain doubtful clauses precedent, or to separate and distribute generals into particulars. 3 Pick. (Mass.) 272. It differs also from a proviso, in that an exception is absolute, while a proviso is conditional. 53 Barb, (N. Y.) 522. To make a valid exception, these things must concur: First, the exception must be by apt words, as, "saving and excepting," etc. See 30 Vt. 242; 5 R. I. 419; 41 Me. 177. 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. 11 Md. 339; 23 Vt. 395; 10 Mo. 426. 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. 33 Pa. St. 251. 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. Woodf. Landl. & Ten. 10; Co. Litt. 47a; 12 Me. 337; Wright (Ohio) 711; 3 Johns. (N. Y.) 375; 5 N. Y, 33; 8 Conn. 369; 6 Pick. (Mass.) 499; 6 N. H. 421; 4 Strobh. (S. C.) 208; 2 Tayl. (N. C.) 173. Exceptions against common right and general rules are construed as strictly as possible. 1 Bart. Conv. 68; 5 Jones (N. C.) 63. 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, Repert. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions are those which tend to the dismissal of the action. In Practice. The word "exceptions" has been given divers meanings in different jurisdictions. The most common is an objection formerly taken to a ruling made at the trial. "Exception" is sometimes used for "bill of exceptions." In Texas, an exception is a demurrer to a pleading; the term as so used being probably a relic of the civil law. See 85 Tex. 575.