Law Dictionary

From the things granted.

From consultation.

Forthwith.

See "Action."

From the least fault.

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

exculpatory statements, however, may not differ from other admissions of incriminating facts. Given when the accused is under suspicion, they become questionable just as testimony

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.

Admitting of excuse or palliation. As used in the law, this wordimplies that the act or omission spoken of is on its face unlawful, wrong or liable to entail loss or disadvantage o

One committed by accident or misfortune in doing any lawful act by lawful means, with ordinary caution and without any unlawful intent. People v. O'Connor, 82 App. Div. 55, 81 N. Y

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 practice, and particularly with reference to the setting aside of a judgment taken against a party through his "excusable neglect," this means a failure to take the proper steps

A trespass which the law pardons.

That excuses or extenuates fault in capital cases which would not operate similarly in civil causes.

Excuse.

In English law. An excuser. In old German law. A defendant; he who utterly denies the plaintiff's claim. Du Cange.

He is excused for not resisting a claim if during the whole period of the litigation, he is beyond seas for some reason.

Co. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have baen brought, he has been beyond sea for any reason.

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

where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there he shall be excused.

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.

The exhaustion of remedies against the principal before suing the surety.

Lat. In the civil, law. To search thoroughly; to prosecute a remedy against one to the uttermost, especially agamst a principal debtor; to search ad peram et sacculum, to the last

From damage without violation of a legal right no action arises. See 50 W. Va. 611, 88 Am. St. Rep. 895, 56 L. R. A. 804, 40 S. E. 591.

From or as a debt of justice ; In accordance with the requirement of justico; of right; as a matter of right The opposite of ex gratia, (q. v.) 3 Bl. Comm. 48, 67.

From a debt of justice; as of right.

From natural obligation.

From failure of right.

From failure of blood.

suit by the owner of a tow against her tug to recover for an injury to the tow caused by negligence on the part of the tug is a suit ex delicto and not ex contractu

Infamy arises from the crime, not from the punishment

Ex demissione.

On the demise of.

By the voice of the majority.

Directly.

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

From lapse of time, all things are presumed to have been duly performed.

A phrase vised by stock brokers, meaning that a sale of corporate stock does not carry with it the seller's right to receive his proportionate share of a dividend already declared

The term “ex-dividend date” means the date on which the share of stock becomes ex-dividend.

From evil intent.

The principle to be extracted from all the cases is, that the law will not lend its support to a claim founded upon its violation.

Out of fraud no action arises; fraud never gives a right of action. No court will lend its aid to a man who founds his cause of action upon an immoral or lllegal act Cowp. 343; Bro

Co.. Litt. 86. From granis not containing military fees or grand serjeanty, a kind of general name is used by us, which is "socage."

From grants containing neither military fees nor grand serjeantry a name has sprung up with us, which is “socage.”

I In old English law. An exchanger, a broker.

A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. —Ne. exeat. A writ which forbids the person to whom it is addressed to leav

Fr. Execution. Britt. fol. 1 b.

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.

An executed sale is one which is final and complete in all its particulars and details, nothing remaining to be done by either party to effect an absolute transfer of the subject-m

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

The fine sur cognizance de droit, come ceo que il 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. Abol

One which has been delivered to the donee. See 33 Pa. St. 268.

It is clear, from the face of this deed, that it is an executed marriage settlement, and that it must be expounded on legal principles applicable to other deeds. Limitations, eithe

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

One completed by delivery of the property; one where nothing remains to be done by either party to effect a complete transfer of the subject-matter of the sale. Fogel v. Brubaker,

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;

Execution; administration; management.

The administration or management of goods.

An execution is the execution of the law according to the judgment.

Execution is the end and fruit of law.

Co. Litt. 289. Execution la the end and fruit of the law.

Management or administration of goods. Ad ecclesiam et ad amicos pertinebit executio bonorum, the execution of the goods shall belong to the church and to the friends of the deceas

The execution of the law works no injury.

Lat. In old practice. Execution; the final process in an action. See Execution. Executio est finis et fructus legis. Execution is the end and fruit of the law. Co. Litt. 289. An ex

An execution is the fruit and end of the suit, and is very aptly called the life of the law. The suit does not terminate with the judgment; and all proceedings on the execution, ar

The completion, fulfillment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a wil

In criminal law. The carrying into effect the sentence of the law by the infliction of capital punishment. 4 BL Com. 403. 4 Steph. Com. 470.

In conveyancing. The formality of signing, sealing and delivery by the party making a deed, or of signing and publication by the party making a will, in the presence of witnesses;

An execution levied on land, is begun to be executed, and is an election of the remedy by sale of it; and the mere delay of the sale, if not fraudulent, injures no one and cannot p

One who, having recovered a judgment against the debtor for his debt or claim, has also caused an execution to be issued thereon.

A writ commanding execution of a judgment Obsolete. Chwell.

A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82.

A writ directed to the judge of an inferior court to do execution upon a judgment therein or to return some reasonable cause wherefore he delays the execution. Fitzh. Nat Brev. 20.

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

There is, however, an obvious and material distinction between a levy on household furniture, and on merchandize, or goods for sale. In the former case, the Court has never allowed

The signing of a Deed is now the material part of the execution; the seal has become a mere form, and a written, or ink seal, as it is called, is good. Any Deed under seal, when pr

Sometimes from the neglect of parties, or some other cause, it became impossible to carry a decree into execution without the further decree of the court upon a bill filed for that

The signing, sealing, and delivery of them by the parties, as their own acts and deeds, in the presence of wifuesses.

If upon the affirmance no allowance of interest or damages is made, it is equivalent to a denial of any interest or damages; and the circuit court, in carrying into effect the decr

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

"executive" means, with respect to any State, the Governor of the State (or, in the case of the District of Columbia, the Mayor of the District of Columbia), except when

or MINISTRY, A political term in England, applicable te the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are admi

A political term in England, applicable to the higher and responsible class of public officials by whom the chief departments of the government of the kingdom are administered. The

an Executive department, a Government corporation, [or] an independent establishment." §105.

The term "executive agent" has the meaning given the term "DoD Executive Agent" in Directive 5101.1. / The term "executive agent" has the meaning give

The term "executive aircraft" has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.

The term “executive branch” includes each Executive agency (as defined in section 105 of this title ), other than the Government Accountability Office, and any other entity or admi

the term “executive branch employee”— (i) has the meaning given the term “employee” under section 2105 of title 5 ; (ii) includes— (I) the President; (II) the Vice President; and (

The term "executive branch interagency body" means an interagency body established in the executive branch.

The term “executive capacity” means an assignment within an organization in which the employee primarily— (i) directs the management of the organization or a major component or fun

Executive clemency exists to afford relief from undue harshness or evident mistake in the operation or enforcement of the criminal law. To afford a remedy, it has always been thoug

The ultimate determination of the affairs of a corporation rests with its stockholders, and arises from their power to choose the governing board of directors. Unless otherwise pro

In this section, each of the terms "Executive department", "military department", and "independent establishment" has the meaning given such term in c

each of 15 Cabinet-level Departments, including "[t]he Department of Defense," §101; a " 'Government corporation' means a corporation owned or controlled by the Government of the U