Blacks Law Dict. 1st ed

451

EXCHANGE, BILL OF

EXCEPTION

that special bail offered by defendant are in sufficient. 1 Tidd, Pr. 255. An exception is an objection upon a matter of law to a decision made, either before or aft er judgment, by a court, tribunal, judge, or other judicial officer, in an action or proceed ing. The exception must be taken at the time the decision is made. Code Civil Proc. Cal. § 646; 32 Cal. 307. In admiralty and equity practice. An exception is a formal allegation tendered by a party that some previous pleading or pro ceeding taken by the adverse party is insuf ficient. In statutory law. An exception in a statute is a clause designed to reserve or ex empt some individuals from the general class of persons or things to which the language of the act in general attaches. An exception differs from an explanation, which, by the use of a videlicet, proviso, etc., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals into particulars. 3 Pick. 2T2. In contracts. A clause in a deed or other conveyance by which the grantor excepts something out of that which he granted be fore by the deed. The distinction between an exception and a res ervation is that an exception is always of part of the thing granted, and of a thing in esse; a reser vation is always of a thing not in esse, but newly created or reserved out of the land or tenement demised. Co. Litt. 47a; 4 Kent, Comm. 468. It has been also said that there is a diversity between an exception and a saving, for an exception exempts clearly, but a saving goes to the matters touched, and does not exempt. Plowd. 361. In the civil law. An exceptio or plea. Used in this sense in Louisiana. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions are those which tend to the dismissal of the action. EXCEPTION TO BAIL. An objection to the special bail put in by the defendant to an action at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255. EXCEPTIS EXCIPIENDIS. necessary exceptions. With all EXCEPTOR. In old English law. A party who entered an exception or plea.

EXCERPTA, or EXCERPTS. Extracts. EXCESS. When a defendant pleaded to an action of assault that the plaintiff tres passed on his land, and he would not depart when ordered, whereupon he, molliter manus imposuit, gently laid hands on him, the rep lication of excess was to the effect that the defendant used more force than necessary. Wharton. EXCESSIVE. In order that bail required (or punishment inflicted) should be described as "excessive," it must be, per se, unreason ably great and clearly disproportionate to the offense involved, or the peculiar circumstan ces appearing must show it to be so in the particular case. 44 Cal. 558; 53 Cal. 410; 39 Conn. 484. EXCESSIVE DAMAGES, awarded by a jury which are grossly in ex cess of the amount warranted by law on the facts and circumstances of the case; unrea sonable or outrageous damages. A verdict giving excessive damages is ground for a new trial. Excessivum in jure reprobatur. Ex cessus in re qualibet jure reprobatur cornmuni. Co. Litt. 44. Excess in law is reprehended. Excess in anything is repre hended at common law. EXCHANGE. In conveyancing. A mutual grant of equal interests, (in lands or tenements,) the one in consideration of the other. 2 Bl. Comm. 323. In the United States, it appears, exchange does not differ from bargain and sale. See 2 Bouv. Inst. 2055. In commercial law. A negotiation by which one person transfers to another funds which he has in a certain place, either at a price agreed upon or which is fixed by com mercial usage. The profit which arises from a maritime loan, when such profit is a percentage on the money lent, considering it in the light of money lent in one place to be returned in another, with a difference in amount in the sum borrowed and that paid, arising from the difference of time and place. The term is commonly used in this sense by French writers. Hall, Emerig. Mar. Loans, 56n. A public place where merchants, brokers, factors, etc., meet to transact their business. EXCHANGE, BILL OF. See BILL OF EXCHANGE.

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