Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

EXCESS

When a defendant pleaded to an action of assault that the plaintiff trespassedon his land, and he would not depnrt when ordered, whereupon he, mollitcrmanus imposuit, gently laid hands on him, the

EXCESSIVE

Tending to or marked by excess, which is the quality or state of exceeding the proper or reasonable limit or measure. Railway Co. v. Johnston, 106 Ga.i.30, 32 S. E. 78.

EXCHANGE

In conveyancing. A mutual grant of equal Interests, (in lauds or tenements,) the one in consideration of theother. 2 Bl. Comm. 323; Windsor v. Collin- son, 32 Or. 297, 52 Pac. 26;

EXCHEQUER

That department of the English government which has charge of thecollection of the national revenue; the treasury department.It is said to have been so named from the chequered cloth, resembling a chessboard,which

EXCISE

An Inland imposition, paid sometimes upon the consumption of the commodity,and frequently upon the retail sale. 1 Bl. Comm. 318; Story, Const.

EXCLUSA

In old English law. A sluice to carry off water; the payment to the lord for the benefit of such a sluice. Cowell.

EXCLUSIVE

Shutting out; debarring from interference or participation; vested in oneperson alone. An exclusive right is one which only the grantee thereof can exercise, andfrom which all others are prohibited or shut out.

EXCOMMUNICATION

A sentence of censure pronounced by one of the spiritualcourts for offenses falling under ecclesiastical coguizance. It is described in the booksas twofold: (1) The lesser excommunication, which is an ecclesiastical censure,excluding

EXCOMMUNICATO CAPIENDO

In ecclesiastical law. A writ issuing out of chancery, founded on a bishop’s certificate thatthe defendant had been excommunicated, and requiring the sheriff to arrest and imprisonhim, returnable to the king’s bench.

EXCOMMUNICATO RECAPIENDO

A writ commanding that persons excommunicated, who for their obstinacy had beencommitted to prison, but were unlawfully set free before they had given caution to obeythe authority of the church, should be

EXCULPATION, LETTERS OF

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

EXCUSABLE

Admitting of excuse or palliation. As used in the law, this word impliesthat the act or omission spoken of is on Its face unlawful, wrong, or liable to entail lossor disadvantage on

EXCUSATIO

In the civil law. An excuse or reason which exempts from some duty or obligation.

EXCUSATOR

In English law. An excuser.In old German law. A defendant; he who utterly denies the plaintiff’s claim. Du Cauge.Excnsatur quis quod clameum non op- posuerit, ut si toto tempore litigii fuit ultramare

EXCUSE

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

EXCUSSIO

In the civil law. A diligent prosecution of a remedy against a debtor; theexhausting of a remedy against a principal debtor, before resorting to his sureties.Translated “discussion,” (q. v.)In old English law.

EXEAT

A permission which a bishop grants to a priest to go out of his diocese; alsoleave to go out generally.

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