KFLCC Kingdom Law 2nd Ed.

EXCAMB

456

EXCEPTIO

of exhibiting sheriffs' accounts) the illevia ble fines and desperate debts were transcrib ed, and which was annually read to the sher iff upon his accounting, to see what might be gotten. Cowell.

nooet,) and created delay, (et temporis dilation em tribuit;) such as an agreement not to sue within a certain time, as five years. Inst. 4, 13, 10. See Dig. 44, 1, 3.— Exceptio doll mal i . An exception or plea of fraud. Inst. 4, 13, 1, 9; Bract, fol. 1006.— Exceptio dom minii . A claim of ownership set up in an ac tion for the recovery of property not in the possession of the plaintiff. Mackeld. Rom. Law, § 299.— Exceptio dotis cautae non numera tae. A defense to an action for the restitution of a dowry that it was never paid, though promised, available upon the dissolution of the marriage within a limited time. Mackeld. Rom. Law, § 458.— Exceptio in factum. An ex ception on the fact. An exception or plea found ed on the peculiar circumstances of the case. Inst. 4, 13, 1.— Exceptio in personam. A plea or defense of a personal nature, which may be alleged only by the person himself to whom it is granted by the law. Mackeld. Rom. Law, § 217.— Exceptio in rem. A plea or defense not of a personal nature, but connected with the legal circumstances on which the suit is founded, and which may therefore be alleged by any party in interest, including the heirs and sureties of the proper or original debtor. Mackeld. Rom. Law, § 217.— Exceptio juris jurandi. An exception of oath; an excep tion or plea that the matter had been sworn to. Inst. 4, 13, 4. This kind of exception was al lowed where a debtor, at the instance of his creditor, (creditore deferente,) had sworn that nothing was due the latter, and had notwith standing been sued by him.— Exceptio metns. An exception or plea of fear or compulsion. Inst. 4, 13, 1, 9; Bract, fol. 10O&. Answering to the modern plea of duress.— Exceptio non adimpleti contractus. An exception in an action founded on a contract involving mutual duties or obligations, to the effect that the plaintiff is not entitled to sue because be has not performed his own part of the agreement. Mackeld. Rom. Law, § 394.— Exceptio non solutse pecuniae. A plea that the debt in suit was not discharged by payment (as alleged by the adverse party) notwithstanding an ac quittance or receipt given by the person to whom the payment is stated to have been made. Mackeld. Rom. Law, § 534.— Exceptio pacti convent!. An exception of compact; an ex ception or plea that the plaintiff had agreed not to sue. Inst. 4, 13, 3.— Exceptio pecuniae non numeratae. An exception or plea of money not paid; a defense which might be set up by a party who was sued on a promise to repay money which he had never received. Inst. 4, 13, 2.— Exceptio peremptoria. A peremp tory exception; called also "perpetua," (per petual ;) one which forever destroyed the sub ject-matter or ground of the action, (qua sem per rem de qua agitur perimit;) such as the exceptio doli mali, the exceptio metus, etc. Inst. 4, 13, 9. See Dig. 44, 1, 3.— Exceptio rei judicatse. An exception or plea of matter adjudged; a plea that the subject-matter of the action had been determined in a previous action. Inst. 4, 13, 5. This term is adopted by Bracton, and is constantly used in modern law to denote a defense founded upon a pre vious adjudication of the same matter. Bract, fols. 1006, 177; 2 Kent, Comm. 120. A plea of a former recovery or judgment.— Exceptio rei venditae et traditse. An exception or plea of the sale and delivery of the thing. This exception presumes that there was a valid sale and a proper tradition; but though, in conse quence of the rule that no one can transfer to another a greater right than he himself has, no property was transferred, yet because of some particular circumstance the real owner is estopped from contesting it. Mackeld. Rom. Law, §299.— Exceptio senatusconsulti Mac edonian!. A defense to an action for the re covery of money loaned, on the ground that the loan was made to a minor or person under the

EXCAMB.

In Scotch law. To exchange.

6 Bell, App. Cas. 19, 22.

EXCAMBIATOB.

of

An exchanger

lands; a broker. Obsolete.

EXCAMBION.

In

Scotch law.

Ex

change. 1 Forb. Inst pt. 2, p. 173.

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 siw. The title of a viceroy, governor general, ambas sador, or commander in chief. In America. The title is sometimes given to the chief executive of a state or of the nation. One who excepts; one who makes or files exceptions; one who ob jects to a ruling, instruction, or anything proposed or ordered. 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 defense of a defendant by which the plaintiffs claim or complaint is defeated, either according 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, (actionis jure stricto competentis oh wquitatem 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 of 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 traverse of the plain tiffs averments. Tomkins & J. Mod. Rom. Law, 90. In this use, the term corresponds to the common-law plea in confession and avoidance. — Exceptio dilatoria. A dilatory exception; called also "temporalis," (temporary ;) one which defeated the action for a time, (qua ad tempus EXCELLENCY. In English, law. EXCEPTANT. EXCEPTIO. In Roman law.