Excuse

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 improperly done, facts by way of mitigation relieve the doer from legal liability.

In this sense, an excuse is facts mitigating the act, or depriving it of ' legal culpability. Compare, for example, "Excusable Homicide" and "Justifiable Homicide."

A reason alleged for the domade In order to show that the party accused is not guilty; In another, by showing that though guilty he is less so than he appears to be. T. ample, the case of a sheriff who has an execution lual, and who, in performance of his duty, arrests him: in an action by the defendant against the sheriff, the latter may prove the facts, and this shall be a sufficient excuse for him; this is an excuse of the first kind, or a complete justification; the sheriff was guilty of no offence. But suppose, secondly, that the sheriff has an execution against Paul, and by mistake, and without any malicious design, he arrests Peter instead of Paul: the fact of his having the execution against Paul and the mistake being made will not justify the )!• riff, but it will extenuate and excuse his conduct, and this will be an excuse of the second kind. Persons are sometimes excused for the commission of acts which oidinarily are crimes, either because they had no intention of doing wrong, or because they had no power of judging, and therefore had no criminal will, or, having power of judging, they had no choice, and were compelled by necessity. Among the first class may be placed infants under the age of discretion, lunatics, and married women committing certain offences in the presence of their husbands. Among acts of the second kind may be classed the beating or killing another in self-defence, the destruction of property in order to prevent a more serious calamity, as the tearing down of a house on fire to prevent its spreading U the neighboring property, and the like. See Dalloz, Diet. EXCUSSI0 (Lat.). In Civil Law. Exhausting the principal debtor before proceeding against the surety. Discussion is used in the same sense in Scotch law. Vicat, Excussionis Beneficium.

A ground of exemption or relief from some duty or liability; a matter alleged and presented to a court as a ground of such exemption.

A reason alleged for doing or not duing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation.

A reason for doing or not doing a thing. Excusable. 1. Admitting of excuse; exempting from liability or responsibility: as, an excusable default, an excusable misdelivery by a carrier. 2. Done under circumstances of accident or necessity, and without legal malice: as, an excusable homicide, q. v. Ignorance of a fact may excuse; ignorance of the law never excuses. Infants, lunatics, married women, and persons under duress or necessity are sometimes excused for acts done or sought to be enforced. See Ignorance; Knowledge, 1; Notice.