Blacks Law Dict. 1st ed

EXCHANGE OF GOODS

452

EXCISE

Second, it existed as a court of error, where the judgments of each of the superior courts of common law, in all actions whatever, were subject to revision by the judges of the oth er two sitting collectively. The composition of this court consequently admitted of three different combinations, consisting of any two of the courts below which were not parties to the judgment appealed against. There was no given number required to constitute the exchequer chamber, but the court never consisted of less than five. One counsel only was heard on each side. Error lay f10m this court to the house of lords. The court is abolished, and its jurisdiction in appeals (pro ceedings in error in civil cases and bills of exceptions being abolished) is transferred to the court of appeal. Jud. Act 1875, § 18. Wharton. EXCHEQUER, COURT OP. See COURT OF EXCHEQUER. EXCHEQUER DIVISION. A division of the English high court of justice, to which the special business of the court of exchequer was specially assigned by section 34 of the judicature act of 1873. Merged in the queen's bench division from and after 1881, by order in council under section 31 of that act. Wharton. EXCISE. An inland imposition, paid sometimes upon the consumption of the com modity, and frequently upon the retail sale. 1 Bl. Comm. 318; Story, Const. § 950. The words "tax" and "excise," although often used as synonymous, are to be considered as hav ing entirely distinct and separate significations, under Const. Mass, c 1, § 1, art. 4. The. former it a charge apportioned either among the whole peo ple of the state or those residing within certain districts, municipalities, or sections. It is required to be imposed, so that, if levied for the public charges of government, it shall be shared accord ing to the estate, real and personal, which each person may possess; or, if raised to defray the cost of some local improvement of a public nature, it shall be borne by those who will receive some special and peculiar benefit or advantage which an expenditure of money for a public object may cause to those on whom the tax is assessed. An excise, on the other hand, is of a different charac ter. It is based on no rule of apportionment or equality whatever. It is a fixed, absolute, and direct charge laid on merchandise, products, or commodities, without any regard to the amount of property belonging to those on whom it may fall, or to any supposed relation between money ex pended for a public object and a special benefit oc casioned to those by whom the charge is to be paid. 11 Allen, 268. In English law. The name given to the duties or taxes laid on certain articles pro duced and consumed at home, among which

EXCHANGE OP GOODS. A commu tation, transmutation, or transfer of goods for other goods, as distinguished from sale, which is a transfer of goods for money. 2 Bl. Oomm. 446; 2 Steph. Comm. 120. Exchange ia a contract by which the parties mutually give, or agree to give, one thing for another, neither thing, or both things, being money only. Civil Code Cal. § 1804; Civil Code Dak. § 1029; Civil Code La. art. 2660. The distinction between a sale and exchange of property is rather one of shadow than of substance. In both cases the title to property is absolutely transferred; and the same rules of law are appli cable to the transaction, whether the consideration of the contract is money or by way of barter. It can make no essential difference in the rights and obligations of parties that gpods and merchandise are transferred and paid for by other goods and merchandise instead of by money, which is but the representative of value or property. 14 Gray, 367. EXCHANGE OP LIVINGS. In ec clesiastical law. This is effected by resign ing them into the bishop's hands, and each paity being inducted into the other's bene fice. If either die before both are inducted, the exchange is void. EXCHEQUER. That department of the English government which has charge of the collection of the national revenue; the treas ury department. It is said to have been so named from the cheq uered cloth, resembling a chess-board, which an ciently covered the table there, and on which, when certain of the king's accounts were made up, the sums were marked and scored with counters. 8 BL Comm. 44. EXCHEQUER BILLS. Bills of credit issued in England by authority of parlia ment. Brande. Instruments issued at the exchequer, under the authority, for the most part, of acts of parliament passed for the pur pose, and containing an engagement on the part of the government for repayment of the principal sums advanced with interest. 2 Steph. Comm. 586. EXCHEQUER CHAMBER, COURT OF. In English law. A tribunal of error and appeal. First, it existed in former times as a court of mere debate, such causes from the other courts being sometimes adjourned into it as the judges, upon argument, found to be of great weight and difficulty, before any judg ment was given upon them in the court be low. It then consisted of all the judges of the three superior courts of common law, and at times the lord chancellor also.

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