Blacks Law Dict. 1st ed

EXAMINATION OF INVENTION 449

EXCEPTIO DILATORIA

EXCAMB. In Scotch law. To exchange. 6 Bell, App. Cas. 19, 22. EXCAMBIATOR. An exchanger of lands; a broker. Obsolete. EXCAMBION. In Scotch law. change. 1 Forb. Inst. pt. 2, p. 173. Ex EXCAMBIUM. An exchange; a place where merchants meet to transact their busi ness; also an equivalent in recompense; a recompense in lieu of dower ad ostium eccle sice. EXCELLENCY. In English law. The title of a viceroy, governor general, am bassador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the nation. EXCEPTANT. One who excepts; one who makes or files exceptions; one who ob jects to a ruling, instruction, or anything proposed or. ordered. EXCEPTIO. In Roman law. An ex ception. In a general sense, a judicial alle gation opposed by a defendant to the plain tiff's action. Calvin. A stop or stay to an action opposed by the defendant. Cowell. Answering to the "defense" or "plea" of the common law. An allegation and de fense ot a defendant by which the plaintiff's claim or complaint is defeated, either accord ing to strict law or upon grounds of equity. In a stricter sense, the exclusion of an ac tion that lay in strict law, on grounds of equity, (aclionis jure stricto competentis ob cequitatem exclusio.) Heinecc. A kind of limitation of an action, by which it was shown that the action, though otherwise just, did not lie in the particular case. Calvin. A species of defense allowed in cases where, though the action as brought by the plaintiff was in itself just, yet it was unjust as against the particular party sued. Inst. 4, 13, pr. In modern civil law. A plea by which the defendant admits the cause ot action, but alleges new facts which, provided they be true, totally or partially answer the allega tions put forward on the other side; thus dis tinguished from a mere travel se of the plain tiff's averments. Tomkins & J. Mod. Rom. Law, 90. In this use, the term corresponds to the common-law plea in confession and avoidance. EXCEPTIO DILATORIA. In thecivil law. A dilatory exception; called also "lem

§ 5086; and § 5087 authorizes the examina tion of a bankrupt's wife. EXAMINATION OP INVEN TION. An inquiry made at the patent-office, upon application for a patent, into the nov elty and utility of the alleged invention, and as to its interfering with any other patented invention. Rev. St. U. S. § 4893. EXAMINATION OFTITLE. An in vestigation made by or for a person who in tends to purchase real estate, in the offices •where the public records are kept, to ascer tain the history and present condition of the title to such land, and its status with ref erence to liens, incumbrances, clouds, etc. EXAMINED COPY. A copy of a rec ord, public book, or register, and which has been compared with the original. 1 Campb. 469. EXAMINER. In English law. A per son appointed by a court to take the exami nation of witnesses in an action, i. e., to take down the result of their interrogation by the parties or their counsel, either by written in terrogatories or viva voce. An examiner is generally appointed where a witness is in a foreign country, or is too ill or infirm to at tend before the court, and is either an officer of the court, or a person specially appointed for the purpose. Sweet. In New Jersey. An examiner is an officer appointed by the court of chancery to take testimony in causes depending in that court. His powers are similar to those of the En glish examiner in chancery. In the patent-office. An officer in the patent-office charged with the duty of exam ining the patentability of inventions for which patents are asked. EXAMINER IN CHANCERY. An officer of the court of chancery, before whom witnesses are examined, and their testimony reduced to writing, for the purpose of being read on the hearing of the cause. Cowell. EXAMINERS. Persons appointed to question students of law in order to ascertain their qualifications before they are admitted to practice. EXANNUAL ROLL. In old English practice. A roll into which (in the old way of exhibiting sheriffs' accounts) the illevia blefinesand desperate debts were transcribed, and which was annually read to the sheriff upon his accounting, to see what might be gotten. Cowell. AM. DICT. LAW—29

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