Page:Black's Law Dictionary (Second Edition).djvu/471

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EXEMPLIFICATIONE

made in form to be used as evidence, and authenticated as a true copy.

l-IX]-IMPLIFICATIONE. A writ granted for the exemplilication or transcript of an original record. Reg. Orig. 290.

I-Ix]-IMPLU . In the civil law. Copy; I written authorized copy. This word is also used in the modern sense or’ ‘-exaLupie,"——ud arunplum constituti sinyulurcs nan tralvi, exceptional things must not be taken for ex- amples. Calvin.

EXEMPT, v. To relieve, excuse, or set free from a duty or service imposed upon the general class to which the individual exempted belongs; as to exempt from militia service. See 1 St. at Large . To relieve certain classes of propelty from liability to sale on execution.

EXEMPT, n. One who 13 free from liability to military service; as distinguished from a detail, who is one "belonging to the army, but detached or set apart for the tune to some particular duty or service, and ilabie, at any tlme, to be recalled to his place in the ranks. In re Strawbridge. 39 Ala. 379.

EXEMPTION. Freedom from a general duty or sex-\iL-e; immunity from a general burden, tax, or charge. Green v. Slate, 59 Mt] 128, 43 Am. Rep. 542; Koenig v. Rail- road Uo., 3 l\eb. 3.50; Long v. Converse, 91 U. S. 115. 23 L. Ed. 233.

A privilege allowed by law to a judgment debtor, by \\hich he may hold property to a certain amount, or certatn classes of property, free [tom all liability to levy and sale uu ex- ecution or attnt-hn1euL Turrlll v. -‘~ ' 114 Iowa, 681. 87 N. W. (SIJT, Smith, 117 Wis. 142, 93 N. W. 46-1. —Exemption laws. Laws which prmide tlrat a Lenuun amount or [Jl'op0l‘LiDn of a debtor‘: property shall be exempt from execurion.-—).-‘.x- elnption, we 5 of. It is a maxim of law that "orda of exemption are not to _be construed to import any iialility; the maxim 5.:-prcsxia uniua exzciu '0 altcriu.-1, or its converse, ea-clusio mliux imrlusw altvrms, not applying to such a case. For example, un exemption or’ the crown from the hanhruptcy act 1569, I!) one sp uied particular. nouid not infelentially subj ct _the crown to that act In any other particular. Blown.


EXEMPTS. Persons who are not bound by law, but excused from the performance of duties imposed upon others.

EXENNIUM. In old English law. A gift; a new year's gift. Cowell.

mil-IQUATUR. Lat. Let it be executed. In French practice, this term is sub- scrihed by judicial authority upon a transcript of a judgment from :1 foreign country, or from another part of France, and authorizes the execution of tile judgment within the jurisdiction where it is so indorsed.

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EXHEREDATIO

In international law. A certificate lssued by the foreign department of a state to a consul or commercial agent of another state, recognizing his official character, and authorizing him to fulfill his duties.

EXERCISE. To make use of. Thus. to exercise a right or power is to do solumhing which it enables the holder to do. U. S. v. Souders, 27 Fed. Cas. 1267; Cleaver 17. Comm., 34 Pa. 23-1; Branch v. Glass Works, 95 Ga. 573, 28 S. E. 128.

EXERCITALIS. A soldier; a vassaL Spelman. EXERCITOR NAVIS. Lat. The tem-

porary owner or charterer of a ship. Mack- eid. Rom. Law, 5 512; The Phebe, 19 Fed. Gas. 418.

EXERCITORIA ACTIO. In the civil law. An action which lay against the employer of a vessel (oz-ewitor mzr-is) for the contracts made by the master. Inst. 4, 7, 2; 3 Kent, Comm. 101. Mackeid. Rom. Law, § 512.

EXERCITORIAL POWER. The trust given to a ship-master.

EXERCITUAL. In old English law. A heriot paid only in arms, horses, or military nccouterments.

EXERCITUS. In old European law. An army; an armed force. The term was uh- solntely Indefinite as to number. It was applied, on various occasions. to :1 gathering of forty-two armed men, of thirty-five, or even of four. Spelman,

EX]-IT]-IR DOMESDAY. The name g1\ en to a record preserved among the mtmlment-: and charters ‘belonging to ihe dean and chapter of Exeter Cathedral, which contains a description of the western parts of the Lmgdom, comprising the counlles of Wilts, Dorset, Somerset, Devon, and Cornwall. The E-xeter Domesday was published with several other surveys nearly contemporary, by order of the Commissioners 01! the public records. under the direction of Sir Henry Ellis, in a volume sllpplementary to the Great Domesday, follo, London, 1816. Wharton.

EXFESTUCARE. To abfllcate or resign: to resign or surrender an estate, office. or dignity, by the symhoiicai delivery of a staff or rod to the aiienee.

To break the peace; to Jacob.

EXFIREDIARE. commit open violence.

In the civil law. Dis- The formal method

EXHIEREDATIO. inheriting; disherlson.

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