KFLCC Kingdom Law 2nd Ed.

EXOUSAT AUT EXTENUAT

460

EXECUTION

proper steps at the proper time, not in conse quence of the party's own carelessness, inat tention, or willful disregard of the process of the court, but in consequence of some unex pected or unavoidable hindrance or accident, or reliance on the care and vigilance of his coun sel or on promises made by the adverse party. See 1 Bl. Judgm. § 340. Excusat ant extenuat delictum in cap italibus quod non operatur idem in ci 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. In old German law. A defendant; he who utterly denies the plaintiffs claim. Du Cange. Excusatur quia quod clameum non op posuerit, ut si toto tempore litigii fuit ultra mare quacunque occasione. Co. Litt. 260. He is excused who does not bring his claim, if, during the whole period in which it ought to have been brought, he has been beyond sea for any reason. EXCUSE. A reason alleged for doing or not doing a thing. Worcester. A matter alleged as a reason for relief or exemption from some duty or obligation. EXCUSS. To seize and detain by law. EXCUSSIO. In the civil law. A dil igent prosecution of a remedy against a debt or; the exhausting of a remedy against a principal debtor, before resorting to his sure ties. Translated "discussion," (q. v.) In old English law. Rescue or rescous. Spelman. EXEAT. A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. —Ne. exeat. A writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court; avail able in some cases to keep a defendant within the reach of the court's process, where the ends of justice would be frustrated if he should escape from the jurisdiction. EXECUTE. To finish, accomplish, make complete, fulfill. To perform; obey the in junctions of. To make; as to execute a deed, which in cludes signing, sealing, and delivery. To perform; carry out according to Its terms; as to execute a contract. To fulfill the purpose of; to obey; to per form the commands of; as to execute a writ. A statute is said to execute a use where it transmutes the equitable Interest of the ces

tui que use Into a legal estate of the sam* nature, and makes him tenant of the land ac cordingly, in lieu of the feoffee to uses or trustee, whose estate, on the other hand, Is at the same moment annihilated. 1 Steph. Comm. 339. EXECUTED. Completed; carried into full effect; already done or performed; tak ing effect immediately; now in existence or in possession; conveying an immediate right or possession. The opposite of executory. —Executed consideration. A consideration which is wholly past. 1 Pars. Cont. 391. An act done or value given before the making of the agreement.—Executed contract. See CONTRACT.—Executed estate. 'See ESTATE.— Executed fine. The fine sur cognizance de droit, come ceo que il ad de son done; or a fine upon acknowledgment of the right of the cog nizee, as that which he has of the gift of the cognizor. Abolished by 3 & 4 Wm. IV. c. 74. —Executed remainder. See REMAINDEB.— Executed sale. One completed by delivery of the property; one where nothing remains to be done by either party to effect a complete trans fer of the subject-matter of the sale. Fogel v. Brubaker, 122 Pa. 7, 15 Atl. 692; Smith v. Barron County, 44 Wis. 691; Foley v. Felrath, 98 Ala. 176, 13 'South. 485, 39 Am. St. Rep. 39. —Executed trust. See TRUST.—Executed use. See USE.—Executed -writ. In practice. A writ carried into effect by the officer to whom it is directed. The term "executed," applied to a writ, has been held to mean "used." Amb. 61. EXECUTIO. Lat. The doing or follow ing up of a thing; the doing a thing com pletely or thoroughly; management or ad ministration. In old practice. Execution; the final process in an action. —Executio bonorum: 'In old English law. Management or administration of goods. Ad ecolesiam et ad anucos pertinebit executio bono rum, the execution of the goods shall belong to the church and to the friends of the deceased. Bract, fol. 606. Executio est executio juris secundum judicium. 3 Inst. 212. Execution is the execution of the law according to the judg ment Executio est finis et fructus legis. Co. Litt. 289. Execution is the end and fruit of the law. Executio juris non habet injuriam. 2 Roll. 301. The execution of law does no injury. EXECUTION. The completion, fulfill ment, or perfecting of anything, or carrying it into operation and effect. The signing, sealing, and delivery of a deed. The signing and publication of a will. The performance of a contract according to its terms. In practice. The last stage of a suit, whereby possession is obtained of anything recovered. It is styled "final process," and