Page:Black's Law Dictionary (Second Edition).djvu/468

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EXCUSAT AUT EXTENUAT

proper steps at the proper time, not in conse- quence of the party’s own o:\rclessness_ inatteiition, or willful disregard of the pinress of the court, but in C(1l’iS(!qlI[‘lJLe of some unexpected or unnvoidshie hindrance or accident, or reliance on the care and vigilance of his conn- Sl'l or on promises made by the uclverse parly. See 1 Bi. J udgm. § 340.

Exonsat: ant: extennat tlelietnm in osp- italibns qnod non operntnr idem in ci- v-ililms. Bac. Slar. r. 15. That may excuse or iiiilllate a wrongful act in capital cases which would not have the same effect in civil injuries. See Broom, Max. 324.

EXCUSATIO. In the civil law. An ex- cuse or reason which exempts from some duty or obligation.

EXCUSATOR. An excuser.

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

In English law.

Exonsntnr quis quod elamenm non opposnerit, In: on tote bempore litigii fuit: ultra mare qnaeunqno occasions. Co. Litt. 260. He is excused who does not bring his claim, if. during the whole period in which it ought to have been brought, he has been beyond sea for any reason.

EXCUSE. A reason alleged for doing or not doing a thing. Worcester.

A matter nlleged as a reason for relief or exemption from some duty or obligation.

EXCESS. To seize and detain by law.

EXCUSSIO. In the civil law. A diligent prosecution of a remedy ngninst a debt- or: the exhausting of a remedy against a principal debtor. before resorting to his suretles. '.l‘r.1ns1ated "discussion," ((1. 1:.)

In old English law. Rescue or rescous. Spelnian.

EX!-DAT. A permission which a bishop

grants to a priest to go out of his diocese; also leave to go out generally. —Ne exent. A writ which forbids the person to whom it is midi-c.-si=d to leave the country, the state, or the jurisdiitinn of the court; svni_- nlile in some cases to hoop a defend-int within the res-~h of the court's ]i'i'i'ir‘D'iS. “here the ends of justice would he fl'|lStI".It('(l if he should escape Erom the jurisdiction.

EXECUTE. To finish, accomplish, make complete, i'ulfilL To perform: obey the in- junctions of.

To lnnlre; as to execute :1 deed, which icnludes signing, sealing, and delivery.

To perform; carry out according to its terms; as to execute a coutr-ict.

To fulfill the purpose or: to obey: to pertorm the commands of ; as to execute a writ.

A statute is said to earcculr a use where it transmutes the equitable interest of the ces-

460

EXECUTION

ml que use into a legal estate of the same nature, and makes him tenant of the land socoidingly, in lieu of the {entree to uses or trustee, whose estate, on the other hand. is at the same moment nnnihilated. 1 Stcph. Comm. 339.

EXECUTED. Completed; carried into full effect; uiready done or p€l‘f(Ilil)£‘.I: nuing effect immediately; now in exlsicnce or in possession; conveying an lmms-iliate right or possession The opposite of eareruiory.

—]-Executed consideration. A corsklerntion which is wholly past. ] Pars. Cont. .99]. An act done or value given heforc the making oi the agreement.—Exeented contract. See (‘oN'rn.-\Ur.—]:‘.xecnted ustate. Sec ESTATE- Execnted fine. The line sur rogiiizaiu-e do drnit, coma (co qua cl ad dc son. done: or a line upon l1(knOV<'iE(l_£‘l.l](‘lJt of the right AE the Mgnizce, as that which he has of the ,.ift of the cognizor. Al.l0llFl.iE‘d by 3 & 4 Wm. lV. c. 74. —Execnted remainder. Sr-e REMAlNDEli.— Exrecuted sale. One completed by delivery oi the property; une “here nothing remains to done by either party to etfoct 11 complete tansfer of the subject-matter of the s.ilc. Frpl v. I’-rlihahcr. 12?. Pa. 7 15 MI. 502; Smith V. Barron (‘nuntv. 44 ‘Via. 691: Foley v. 1":-lnlth, 98 Ala. 176. 13 -South. 4V5. 39 Am. St. Rep .'i‘\. —Execnted trust. See TEL '1‘.—Execnted use. See USE.-1-lxecuted wri

In Dl'ill‘fl[“L A writ married into effect by the nflicer to whnni it is directed. The term "executed," applied to a writ. has been held to mean "used." Amb. 61.

EXECUTIO.}} Lat. The doing or follow-

ing up or a thing: the doing a thing coni- pletely or thoroughly; innnagement or ad- ministration. In old practice. Execution: the final process in on nction. -1-Jxecntio lmnnrnm. In old English law. 'lI:in'L2cnJent or administration of ponds. Ad CL'ClL.siIi.1n et ad amigos pcrtiiiebit mccutio bonu- rnm, the execution of the goods shall belong to the church and to the friends of the dccvascii. Bract. fol. 60b.

Executio est cxecutin Juris seeundum Judiciuin. 3 lust. 212. Execution is the EYGCIICIUD of the law according to the judg menli.

Execntlo ell; flnis et frnctus legis. Co. Litt. 289. Execution is the end and fruit or the law.

Exeontin juris non babel injnrinm. 2

Roll. 301. The execution of law does no injury. EXECUTION. The completion, fulfiLl-

mem;_ gr perfecting of anything, or carrying it into operation and eifect. The signing, Seililllg. inid delivery of a dced. The sigiiiiig rind publication of a Will. The peri'm'n.iance of a contract according to its terms.

In practice. The last stage of a suit, whereby pos ion is obtained of anything

recovered. It is styled "final process," and