To break the peace; to commit open violence. Jacob
Category: E
EXFESTUCARE
To abdicate or re-sign ; to resign or surrender an estate, office, or dignity, by the symbolical delivery of a staff or rod to the alienee
EXETER DOMESDAY
The name given to a record preserved among the muniments and charters belonging to the dean and chapter of Exeter Cathedral, which con-tains a description of the western parts of the kingdom, comprising the counties of wilts, Dorset, Somerset, Devon, and Corn-wall. The Exeter Domesday was published with several other surveys nearly contem-porary, by order […]
EXERCITUS
In old European law. An army; an armed force. The term was absolutely indefinite as to number. It was applied, on various occasions, to a gathering of forty-two armed men, of thirty-five, or even of four. Spelman
EXERCITUAL
In old English law. A heriot paid only in arms, horses, or mili-tary accouterments
EXERCITORIAL POWER
The trust given to a ship-master
EXERCITORIA ACTIO
In the civU law. An action which lay against the employer of a vessel (exercitor navis) for the contracts made by the master. Inst. 4, 7, 2; 3 Kent, Comm. 161. Mackeld. Rom. Law, ?S 512
EXERCITALIS
A soldier; a vassal. Spelman
EXERCISE
To make use of. Thus, to exercise a right or power is to do something which it enables the holder to do. U. S. v. Souders, 27 Fed. Cas. 1267; Cleaver v. Comm., 34 Pa. 284; Branch v. Glass works, 96 Ga. 573, 23 S. E. 128
EXEQUATUR
Lat. Let it be exe-cnted. In French practice, this term Is sub-scribed by judicial authority upon a transcript of a judgment from a foreign country, or from another part of France, and author-? izes the execution of the judgment within the jurisdiction where it is so indorsed
EXEMPTS
Persons who are not bound by law, but excused from the performance of duties imposed upon others
EXEMPTION
Freedom from a general duty or service; immunity from a general burden, tax, or charge. Green v. State, 59 Md. 128, 43 Am. Rep. 542; Koenig v. Rail-road Co., 3 Neb. 380; Long v. Converse, 91 0. 8. 113, 23 L. Ed. 233
EXEMPLIFICATIONE
A writ grant-ed for the exemplification or transcript of an original record. Reg. orig. 290
EXEMPLIFICATION
An official tran-script of a document from publlc records
EXEMPLARY DAMAGES
See Damages
EXECUTRY
In Scotch law. The mov-able estate of a person dying, which goes to hls nearest of kin. So called as falling under the distribution of an executor. BelL
EXECUTRIX
A woman who has been appointed by will to execute such will or tes-tament
EXECUTRESS
A female executor. Hardr. 165, 473. See Execotbix
EXECUTORY
That which is yet to be executed or performed; that which remains to be carried into operation or effect; incomplete ; depending upon a future performance or event The opposite of executed
EXECUTOR
A person appointed by a testator to carry out the directions nnd re-quests in his will, and to dispose of the prop-erty according to his testamentary provisions after his decease. Scott v. Guernsey, 60
EXECUTIONER
The name given to him who puts criminals to death, according to their sentence; a hangman
EXECUTIONE JUDICU
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 de-lays the execution. Fitzh. Nat Brev. 20
EXECUTIONE FACIENDA IN WITHERNAMIUM
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
EXECUTIONE FACIENDA
A writ commanding execution of a judgment Ob-solete. CoweU
EXECUTION
The completion, fulfill-ment, or perfecting of anything, or carrying it lnto operation and effect. The signing, sealing, and delivery of a deed. The signing and publicatlon of a will. The performance of a contract according to Its terms
EXECUCTO
Lat The doing or fojlow-ing np of a thing; the doing a thing com-pletely or thoroughly; management or ad-ministration
EXECUTED
Completed; carried lnto full effect; already done or performed; tak-ing effect lmmediately; now ln existence or in possesslon; conveying an immediate right or possession. The opposite of executory
EXECUTE
To finlsh, accomplish, make complete, fulfill. To perform; obey the in-j unctions of
EXEAT
A permission which a bishop grants to a priest to go out of hls diocese; also leave to go out generally
EXCUSS
To selze and detain by law
EXCUSE
A reason alleged for doing or not doing a thing, worcester
EXCUSATOR
In Enclisb law. An
EXCUSATIO
In the civil law. An excuse or reason which exempts from some dnty or obligation
EXCULPATION, LETTERS OF
In
EXCOMMUNICATO RECAPIENDO
A writ commanding that persons excommu-nlcated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authority of the church, should be sought after, retaken, and Imprisoned again. Reg., orig. 67.
EXCOMMUNICATO DELEBERANDO
A writ to the sheriff for delivery of an ex-communicated person out of prison, upon certificate from the ordinary of his conform-ity to the ecclesiastical jurisdiction. Fltzh. Nat Brev. 63.
EXCOMMUNICATO CAPIENDO
In
EXCOMMUNICATION
A sentence of censure prouounced by one of the spiritual courts for offenses falling under ecclesiastical cognizance. It is described in the books
EXCOMMENGEMENT
Excommunication, (q. v.) Co. Litt. 134a
EXCLUSA
In old English law. A sluice to carry off water; the payment to the lord for the benefit of such a slulce. Cowell
EXCHEQUER
That department of the English government whlch has charge of the collection of the national revenue; the treas-ury department
EXCHANGE
In conveyancing. A
EXCESSIVE
Tending to or marked by excess, which ls the quality or state of ez
EXCERPTS
or EXCERPTS. Extracts
EXCEPTOR
In old English law. A party who entered an exception or plea
EXCEPTIS EXCIPIENDIS
Lat. with all necessary exceptions
EXCEPTION
In praotioe. 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 […]
EXGEPTIO
In Boman law. An ex
EXCAMBIUM
An exchange; a place where merchants meet to transact their busi-ness; also an equivalent ln recompense; a recompense ln lieu of dower ad ostium eccle-Sia
EXCAMBION
In Scotch law. Ex-change. 1 Forb. Inst, pt 2, p. 173