EXCUSABLE
as twofold: (1) The lesser excommunication,
as twofold: (1) The lesser excommunication,
proper steps at the proper time, not in consequence of the party's own carelessness, inattention, or willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance or accide...
Lat. The doing or following up of a thing; the doing a thing completely or thoroughly; management or administration.
' tué que use into a legal estate of the same consists in putting the sentence of the law in force. $3 Bi. Comm. 412. The carrying into effect of the sentence or judgment of a court. U.S. v. Nourse, 9 Pet. 28, 9 I. Ed....
ERNAMIUM. 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.
ministerial officer uhder the authority of a writ of execution which he has levied on property of, the debtor. Noland v. Barrett, 122 Mo. 181, 26
are joined in the execution of a will. —Limited . executor. An executor whose appointment is qualified by limitations as to the time or place wherein, or the subject-matter whereon, the office is to be exercised; as di...
made in form to be used as evidence, and authenticated as a true copy.
Freedom from a general duty or service; immunity from a general burden, tax, or charge. Green v. State, 59
army; an armed force.
given to a ship-master.
Lat. The temporary owner or charterer of a ship. Mackeld. Rom. Law, § 512; The Phebe, 19 Fed.
In international law. A certificate issued by the foreign department of a state to a consul or commercial agent of another state, recognizing his official character, and authorizing htm to fulfill his duties.
Lat. Exhibition of a bill. In old English practice, actions were instituted by presenting or exhibiting a bill to the court, in cases where the proceedings were by bill; hence this phrase is equivalent to “commencement...
Lat. In English practice. A judicial writ made use of in the process of outlawry, commanding the sheriff to demand the defendant, (or cause him to be demanded, crigt faciat,) from county court to county court, until he b...
Lat. It goes forth. This word is used in docket entries as a brief mention of the issue of process. Thus, “exit fl. fa.” denotes that a writ of flert facias has been issued in the particular case. The “exit of a wr...
52 W. Va. 476, 44 S. E. 149, 61 L. R. A. 057.—-Tenant in capite. In feudal and old English law. Tenant in chief; one who held immediately under the king, in right of his crown and dignity. 2 Bl. Comm. 60.—Tenant im c...
Lat. With all necessary exceptions.
AM BARON. A writ of the same nature as that last above described, issued by the guardian of the crown's ward, and addressed to the sheriffs or stewards of the court, forbidding them to distrain him, etc., for not doing s...
Lat. Let him be re lieved or discharged. An entry made on a bail-piece, whereby the surety is relieved. or discharged from further obligation, when the condition is fulfilled by the surrender of the principal or otherwis...
Scotch law. A ‘warrant granted at the suit offa prisoner for citing witnesses jn his own defense. 3
v. Schofield, 111 Ky. 832, 64 8. W. 903; Kossakowski v. People, 177 Ill. 563, 53
those who are successively liable for the same debt. “A surety who discharges an obligation is entitled to look: to the principal for reimbursement, and to invoke the atd of a court of equity for this purpose, and a su...
goods and chattels, bag and baggage. ton.
DIS. An ancient writ to prohibit the sheriff from levying any allowance for knights of the shire upon those who held lands in ancient demesne. Reg. Orig. 261.
. EXPLEES. See Esp Lees.
OIA. In old records. The rents and profits of an estate.
Fr. A _ statement; account; recital; explanation. The term is used in diplomatic language as descriptive of a written explanation of the reasons for a certain act or course of conduct.
Explanation; interpretation. EXPOSITION DE PART. In French
EXPOSE, v. To show publicly; to display; to offer to the public view; as, to “expose” goods to sale, to “expose” a tariff or schedule of rates, to “expose” the person.
EXPRESS. Made known distinctly and explicitly, and not left to inference or implication. Declared in terms; set forth in words. Manifested by direct and appropriate language, as distinguished from that which is inferred ...
(From ee, from, and rogare, to pass a law.) In Roman law. To take something from an old law by a new law. Tayl. Civil Law, 155..
dinarily be shown in order to reduce the panlenment or damages.
of certain officers appointed to appraise and divide or apportion lands. It was their duty to make a survey, schedule, or inventory of the lands, to lay them out under certain heads, and then to ascertain the value of ea...
Lat. You cause to be extended. In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called an “extent.” 2 Tidd, Pr. 1043; 4
(The extent or survey of a manor.) The title of a statute passed 4 Edw. I. St. 1; being a sort of direction for making a survey or terrier of a manor, and all its appendages. 2 Reeve, Eng. Law, 140.
Such as render a delict or crime less aggravated, heinous, or reprehensible than it would otherwise be, or tend to palliate or lessen its guilt. Such circumstances may or-
Lat. A foreigner or alien; one born abroad. The opposite of civis.
color of his office, from an thing of value that is not it is due. 4 Bl. Comm. 141
isiana this term is used to designate that property :which forms no part of the dowry of a woman, and which is also called “paraphernal property.” Civ. Code La. art. 23165. Fleitas v. Richardson, 147 U. S. 550, 13 Su...
an action carried on before the court, and of the judgment pronounced; containing also an order for execution or proceedings thereupon. Jacob; Whishaw. v.. Alexander, 109 La. 557, 33 South. 600; U.-8. y. Williams, 38 Fe...
351; Beardsley v. Littell, 14
L. Fr. To travel or journey; to go about or itinerate. Britt. « 2. EZARDAR. In Hindu law. A farmer
kingdom, once in seven years, holding courts in specified places for the trial of certain