exception

an exception ought to be of that which would otherwise be included in the category from which it is excepted

In practice. A formal objection to the action of the court, during the trial of a cause, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court, but will seek to procure its reversal, and that he means to save the benefit of his request or objection in some future proceeding. Sneliing v. Yetter, 25 App. Div. 590, 49 N. Y. Supp. 917; Pcople v. Torres, 38 Gal. 142; Norton v. Livingston, 14 S. C. 178; Kline v. Wynne, 10 Ohio St. 228. It is also somewhat used to signify other objections In the course of a suit; for example, exception to bail is a formal objection that special bail offered by defendant are insufficient. 1 Tidd, Pr. 255. An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a court, tribunal, judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made. Code Civ. Proc. Cal. § 646.

In admiralty and equity practice. An exception is a formal allegation tendered by a party that seme previous pleading or proceeding taken by the adverse party is insnf-flcient. Peck v. Osteen, 37 Fla. 427,20 South. 549; Arnold v. Slaughter, 36 W. Va. 589, 15 S. E. 250.

In statutory law. An exception in a statute is a clause designed to reserve or exempt seme individuals from the general class of persens or things to which the language of the act in general attaches. An exception differs 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.) In contracts. A clause in a deed or other conveyance by which the grantor excepts something out of that which he granted before by the deed. Morrison v. Bank, 88 Me. 155, 33 Atl. 782; Gould v. Glass, 19 Barb. (N. Y.) 192; Coal Creek Min. Co. v. Heck, 83 Tenn. 407; Winston v. Johnson, 42 Minn. 398, 45 N. W. 958; Bryan v. Bradley, 16 Conn. 482; Rich v. Zeilsdorff, 22 Wis. 547, 99 Am. Dec. 81. The distinction between an exception and a reservation is that an exception is always of part of the thing granted, and of a thing in esse; a reservation is always of a thing not in esse, but newly created or reserved out of the land or tenement demised. Co. Litt. 47; 4 Kent, Comm. 468. It has been also said that there is a diversity between an exception and a saving, for an exception exempts clearly, but a saving goes to the matters touched, and does not exempt. Plowd. 361.

In the civil law. An exceptio or plea. Used in this sense in Louisiana. 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.

— Exception to hail. An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255.

Something withheld, not granted or parted with; the exclusion of a thing, or the thing or matter itself as excluded; an objection made. Compai-e Eeg-

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 cause; or to a pleading or master's report in chancery. See infra.

legislation, construction. Exceptions are rules or laws which bound the extent of others; they limit the extent of the rule to which they apply, and render that just and proper, which would be, on account of its generality, unjust and improper; for example, it is a general rule that parties competent may make contracts, the rule that they shall not make any contrary to equity, or contra bonos exception is a clause ina deed, by which the lessor excepts something, out of that which he granted before by the deed. To make a valid exception, these things must concur; 1, tlle exception must be by apt words, as, saving and excepting, &c.; 2, it must be of part of the thing demised, and not of some other thing; 3, it must be part of the thing only, and not of all, the greater part, or the effect of the thing granted; an exception, therefore, in a_ lease, which extends to the whole thing demised, is void; 4, it must be of such thing as is severable from the demised premises, and not of an inseparable incident; 5, it must be of such a thing as he that accepts may have, and which properly belongs to him; 6, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing; 7, 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. Land]. & Ten. 10.