KFLCC Kingdom Law 2nd Ed.

457

EXCESSIVE

EXCEPTIO

ceeding taken by the adverse party Is insuf ficient Peck v. Osteen, 37 Fla. 427,20 South. 549; Arnold v. Slaughter, 36 W. Va. 589, 15 S. B. 250. 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 prece dent, or to separate and distribute generals into particulars. Cutler v. Tufts, 3 Pick. (Mass.) 272. 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. Morrison v. Bank, 88 Me. 155, 33 Atl. 782; Gould v. Glass, 19 Barb. (N. Y.) 192; Coal Creek Min. Co. v. Heck, 83 Tenn. 497; Winston v. Johnson, 42 Minn. 398, 45 N. W. 958; Bryan v. Bradley, 16 Conn. 482; Rich v. Zeilsdorff, 22 Wis. 547, 99 Am. Dec. 81. The distinction between an exception and a reservation is that an exception is always of part of the thing granted, and of a thing in esse; a reservation is always of a thing not in esse, but newly created or reserved out of the land or tenement demised. Co. Litt 47c/ 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 ac tion at law made by the plaintiff on grounds of the insufficiency of the bail. 1 Tidd, Pr. 255. EXCEPTIS EXCIPIENDIS. Lat With all necessary exceptions. EXCEPTOR. In old English law. A party who entered an exception or plea. EXCEBPTA, or EXCERPTS. Extracts. 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. Tending to or marked by excess, which is the quality or state of ex- EXCESS. EXCESSIVE.

paternal power of another; so named from the decree of the senate which forbade the recovery of such loans. Mackeld. Rom. Law, § 432.— Exceptio senatusconsulti Velleiani. A de fense to an action on a contract of suretyship, on the ground that the surety was a woman and therefore incapable of becoming bound for an other ; so named from the decree of the senate forbidding it. Mackeld. Rom. Law, § 455.—Ex ceptio temporis. An exception or # plea anal ogous to that of the statute of limitations in our law; viz., that the time prescribed by law for bringing such actions has expired. Mackeld. Rom. Law, § 213. Exceptio ejus rei cujus petitur disso lutio nulla est. A plea of that matter the dissolution of which is sought [by the ac tion] is null, [or of no effect] Jenk. Cent 37, case 71. Exceptio nulla est versus actionem quae exceptionem perimit. There is [can be] no plea against an action which destroys [the matter of] the plea. Jenk. Cent. 106, case 2. The excep tion proves the rule. 11 Coke, 41; 3 Term, 722. Sometimes quoted with the addition "•de rebus non exceptis," ("so far as con cerns the matters not excepted.") Exceptio quae firmat legem, exponit legem. An exception which confirms the law explains the law. 2 Bulst. 189. Exceptio semper ultimo ponenda est. An exception should always be put last 9 Coke, 53. A formal objection to the action of the court, during the trial of a cause, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the de cision of the court, but will seek to procure its reversal, and that he means to save the benefit of his request or objection in some future proceeding. Snelling v. Yetter, 25 App. Div. 590, 49 N. Y. Supp. 917; People v. Torres, 38 Gal. 142; Norton v. Livingston, 14 S. C. 178; Kline v. Wynne, 10 Ohio St. 228. It is also somewhat used to signify other objections in the course of a suit; for ex ample, exception to bail is a formal objection 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 after judgment, by a court, tribunal, judge, or other judicial officer, in an action or pro ceeding. The exception must be taken at the time the decision is made. Code Civ. Proc. Cal. S 646. In admiralty and equity practice. An exception Is a formal allegation tendered by a party that some previous pleading or pro Exceptio probat regulam. EXCEPTION. In practice. Exceptio falsi omnium ultima. A plea denying a fact is the last of all.