Blacks Law Dict. 1st ed

453

EXCUSATOR

EXCISE LAW

ity to the ecclesiastical jurisdiction. Fitzh. Nat. Brev. 63. Excommunicato lnterdicitur omnis actus legitimus, ita quod agere non po test, nee aliquem convenire, licet ipse ab aliis possit conveniri. Co. Litt. 133. Every legal act is forbidden an excommuni cated person, so that he cannot act, nor sue any person, but he may be sued by others. EXCOMMUNICATO RECAPIENDO. A writ commanding that persons excommu nicated, who for their obstinacy had been committed to prison, but were unlawfully set free before they had given caution to obey the authority of the church, should be sought after, retaken, and imprisoned again. Beg. Orig. 67. EXCULPATION, LETTERS OP. In Scotch law. A warrant granted at the suit of a prisoner for citing witnesses in his own defense. EXCUSABLE HOMICIDE. In crimi nal law. The killing of a human being, either by misadventure or in self-defense. The name itself imports some fault, error, or omission, so trivial, however, that the law excuses it from the guilt of felony, though in strictness it judges it deserving of some little degree of punishment. 4 Bl. Comm. 182. It is of two sorts,— eitherper i?ifo?tunium, by misadventure, or se defendendo, upon a sudden affray. Homicide per infortunium is where a man, doing a lawful act, without any intention of hurt, unfortunately kills another; but, if death ensue from any unlaw ful act, the offense is manslaughter, and not misadventure. Homicide se defendendo is where a man kills another upon a sudden af fray, merely in his own defense, or in defense of his wife, child, parent, or servant, and not from any vindictive feeling. 4 Bl. Comm. 182. Excusat aut extenuat delictum in cap italibus quod non operatur idem in oi vilibus. Bac. Max. r. 15. That may excuse or palliate 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. In English law. An excuser.

spirits have always been the most important; but, exclusive of these, the duties on the licenses of auctioneers, brewers, etc., and on the licenses to keep dogs, kill game, etc., are included in the excise duties. Wharton. EXCISE LAW. A law imposing excise duties on specified commodities, and provid ing for the collection of revenue therefrom. In a more restricted and more popular sense, a law regulating, restricting, or tax ing the manufacture or sale of intoxicating liquors. EXCLTJSA. In old English law. A sluice to carry off water; the payment to the lord for the benefit of such a sluice. Cowell. EXCLUSIVE. Shutting out; debarring from interference or participation; vested in one person alone. An exclusive right is one which only the grantee thereof can exercise, and from which all others are prohibited or shut out. A statute does not grant an "exclusive" privilege or franchise, unless it shuts out or excludes others from enjoying a similar priv ilege or franchise. 98 N. Y. 151. EXCOMMENGEMENT. Excommuni cation, (q. o.) Co. Litt. 134a. EXCOMMUNICATION. A sentence of censure pronounced by one of the spiritual courts for offenses falling under ecclesias tical cognizance. It is described in the books as twofold: (1) The lesser excommunication, which is an ecclesiastical censure, excluding the party from the sacraments; (2) the great er, which excludes him from the company of all Chiistians. Formerly, too, an excommu nicated man was under various civil disabil ities. He could not serve upon juries, or be a witness in any court; neither could he bring an action to recover lands or money due to him. These penalties are abolished by St. 53 Geo. III. c. 127. 3 Steph. Comm. 721. EXCOMMUNICATO CAPIENDO. In ecclesiastical law. A writ issuing out of chancery, founded on a bishop's certificate that the defendant had been excommunicated, and requiring the sheriff to arrest and im piison him, returnable to the king's bench. 4B1. Comm. 415; Bac. Abr. "Excommuni cation," E. EXCOMMUNICATO DELIBERAN DO. A writ to the sheriff for delivery of an excommunicated person out of prison, upon certificate from the ordinary of his conform

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