EVOCATION, French law. The act by which a judge is deprived of the
cognizance of a suit over which he had jurisdiction, for the purpose of
conferring on other judges the power of deciding it. This is done with us by
writ of certiorari.
EWAGE. A toll paid for water passage. Cowell. The same as aquagium.
EX CONTRACTU. This term is applied to such things as arise from a
contract; as an action which arises ex contractu. Vide Action.
EX DELICTO. Those actions which arise in consequence of a crime,
misdemeanor, fault, or tort; actions arising ex delicto are case, replevin,
trespass, trover. See Action.
EX DOLO MALO. Out of fraud or deceit. When a cause of action arises
from fraud or deceit, it cannot be supported: Ex dolo malo, non oritur
EX AEQUO ET BONO. In equity and good conscience. A man is bound to pay
money which ex oequo et bono he holds for the use of another.
EX MERO MOTU. Mere motion of a party's own free will. To prevent
injustice, the courts will, ex mero motu, make rules and orders which the
parties would not strictly be entitled to ask for.
EX MORA. From the delay; from the default. All persons are bound to
make amends for damages which arise from their own default.
EX NECESSITATE LEGIS. From the necessity of law.
EX NECESSITATE REI. From the necessity of the thing. Many acts may be
done ex necessitate ret, which would not be justifiable without it; and
sometimes property is protected, ex necessitate rei, which, under, other
circumstances, would not be so. For example, property put upon the land of
another from necessity, cannot be distrained for rent. See Distress;
EX OFFICIO. By virtue of his office. 2. Many powers are granted and
exercised by public officers which are not expressly delegated. A judge, for
example, may, ex officio, be a conservator of the peace, and a justice of the
EX PARTE. Of the one part. Many things may be done ex parte, when the
opposite party has had notice; an affidavit or deposition is said to be taken ex
parte when only one of the parties attends to taking the same. Ex parte paterna,
on the side of the father, or property descended to a person from his father; ex
parte materna, on the part of the mother.
EX POST FACTO, contracts, crim. law. This is a technical expression,
which signifies, that something has been done after another thing, in relation
to the latter.
2. An estate granted, may be made good or avoided by matter ex post facto,
when an election is given to the party to accept or not to accept. 1 Co .
3. The Constitution of the United States, art. 1, sec. 10, forbids the states
to pass any ex post facto law; which has been defined to be one which renders
the act punishable in a manner in which it was not punishable when it was
committed. 6 Cranch, 138. This definition extends to laws passed after the act,
and affecting a person by way of punishment of that act, either in his person or
estate. 3 Dall. 386; 1 Blackf. Ind. R. 193 2 Pet. U. S. Rep. 413 1 Kent, Com.
408; Dane's Ab. Index, h. t.
4. This prohibition in the constitution against passing ex post facto law's,
applies exclusively to criminal or penal cases, and not to civil cases. Serg.
Const. Law, 356. Vide 2 Pick. R. 172; 11 Pick. R. 28; 2 Root, R. 350; 5 Monr.
133; 9 Mass. R. 363; 3 N. H. Rep. 475; 7 John. R. 488; 6 Binn. R. 271; 1 J. J.
Marsh, 563; 2 Pet. R. 681; and the article Retrospective.
EX VI TERMINI. By force of the term; as a bond ex vi termini imports a
EX VISITATIONE DEI. By or from the visitation of God. This phrase is
frequently employed in inquisitions by the coroner, where it signifies that the
death of the deceased is a natural one.
EX TEMPORE. From the time without premeditation.
EXACTION, torts. A willful wrong done by an officer, or by one who,
under color of his office, takes more fee or pay for his services than what the
law allows. Between extortion and exaction there is this difference; that in the
former case the officer extorts more than his due, when something is due to him;
in the latter, he exacts what is not his due, when there is nothing due to him.
Wishard; Co. Litt. 368.
EXAMINATION, crim. law. By the common law no one is bound to accuse
himself. Nemo tenetur prodere seipsum. In England, by the statutes of Philip and
Mary, (1 & 2 P. & M. c. 13; 2 & 3 P. & M. c. 10,) the principles
of which have been adopted in several of the United States, the justices before
whom any person shall be brought, charged with any of the crimes therein
mentioned, shall take the examination of the prisoner, as well is that of the
witnesses, in writing, which the magistrates shall subscribe, and deliver to the
officer of the court where the trial is to be had. The signature of the
prisoner, when not specially required by statute, is not indispensable, though
it is proper to obtain it, when it can be obtained. 1 Chit. Cr. Law, 87; 2
Leach, Cr. Cas. 625.
2. It will be proper to consider, 1. The requisites of such examination. 2.
How it is to be proved. 3. Its effects.
3. - 1. It is required that it should, 1st. Be voluntarily made, without any
compulsion of any kind; and, 2d. It must be reduced to writing. 1st. The law is
particularly solicitous to let the prisoner be free in making declarations in
his examination; and if the prisoner has not been left entirely free, or did not
consider himself to be so, or if he did not feel at liberty wholly to decline
any explanation or declaration whatever, the examination is not considered
voluntary, and the writing cannot be read in evidence against him, nor can parol
evidence be received of what the prisoner said on the occasion. 5 C. & P.
812; 7 C. & P. 177; 1 Stark. R. 242; 6 Penn. Law Journ. 120. The prisoner,
of course, cannot be sworn, and make his statement under oath. Bull. N. P. 242;
4 Hawk. P. C. book 2, c. 46, §37; 4 C. & P. 564. 2a. The statute requires
that the examination shall be reduced to writing, or so much as may be material,
and the law presumes the magistrate did his duty and took down all that was
material. Joy on Conf. 89-92; 1 Greenl. Ev. §227. The prisoner need not sign the
examination so reduced to writing, to give it validity; but, if being asked to
sign it, he absolutely refuse, it will be considered incomplete. 2 Stark. R.
483; 2 Leach, Cr. Cas. 627, n.
4. - 2. The certificate of the magistrate is conclusive evidence of the
manner in which the examination was conducted. 7 C. & P. 177; 9 C. & P.
124; 1 Stark. R. 242. Before it can be given in evidence, its identity must be
proved, as well as the identity of the prisoner. When the prisoner has signed
the examination, proof of his handwriting is sufficient evidence that he has
read it; but if he has merely made his mark, or not signed it at all, the
magistrate or clerk must identify the prisoner, and prove that the writing was
duly read to him, and that he assented to it. l Greenl. Ev. §520; 1 M. &
5. - 3. The effect of such an examination, when properly taken and proved, is
sufficient to found a conviction. 1 Greenl. Ev. §216.
EXAMINATION, practice. The interrogation of a witness, in order to
ascertain his knowledge as to the facts in dispute between parties. When the
examination is made by the party who called the witness, it is called an
examination in chief. When it is made by the other party, it is known by the
name of cross-examination. (q. v.)
2. The examination is to be made in open court, when practicable; but when,:
on account of age, sickness, or other cause, the witness cannot be so examined,
then it may be made before authorized commissioners. In the examination in chief
the counsel cannot ask leading questions, except in particular cases. Vide
Cross-examination; Leading question.
3. The laws of the several states require the private examination of a feme
covert before a competent officer, in order to pass her title to her own real
estate or the interest she has in that of her hushand: as to the mode in which
this is to be done, see Acknowledment. See, also, 3 Call, R. 394; 5 Mason's R.
59; 1 Hill, R. 110; 4 Leigh, R. 498; 2 Gill & John. 1; 3 Rand. R. 468 1
Monr. R. 49; 3 Monr. R. 397; 1 Edw. R. 572; 3 Yerg. R. 548 1 Yerg. R. 413 3 J.
J. Marsh. R. 241 2 A. K. Marsh. R. 67; 6 Wend. R. 9; 1 Dall. 11, 17; 3 Yeates,
R. 471; 8 S. & R. 299; 4 S. & R. 273.
EXAMINED COPY. This phrase is applied to designate a paper which is a
copy of a record, public book, or register, and which has been compared with the
original. 1 Campb. 469.
2. Such examined copy is admitted in evidence, because of the public
inconvenience which would arise, if such record, public book, or register, were
removed from place to place, and because any fraud or mistake made in the
examined copy would be so easily, detected. 1 Greenl. Ev. §91; 1 Stark. Ev.
189-191. But an answer in chancery, on which the defendant was indicted for
perjury, or where the original must be produced in order to identify the party
by proof of handwriting, an examined copy would not be evidence. 1 M. & Rob.
189. Vide Copy.
EXAMINERS, practice. Persons appointed to question students of law, in
order to ascertain their qualifications before they are admitted to practice.
Officers in the courts of chancery whose duty it is to examine witnesses, are
also called examiners. Com. Dig. Chancery, P 1. For rules as to the mode of
taking examinations, see Gresl. Eq. Ev. pt. 1, c, 3, s. 2.
EXAMPLE. An example is a case put to illustrate a. principle. Examples
illustrate, but do not restrain or change the laws: illustrant non restringunt
legem. Co. Litt. 24, a.
EXCAMBIATOR. The name of an exchanger of lands; a broker. This term is
EXCAMBIUM. Exchange. (q. v.)
EXCEPTIO REI JUDICATAE, civil law. The name of a plea by which the
defendant alleges that the matter in dispute between the parties has been before
adjudged. See Res judicata.
EXCEPTION, Eng. Eq. practice. Re-interrogation. 2 Benth. Ev. 208,
EXCEPTION, legislation, construction. Exceptions are rules which limit
the extent of other more general rules, and render that just and proper, which
would be, on account of its generality, unjust and improper. For example, it is
a general rule that parties competent may make contracts; the rule that they
shall not make any contrary to equity, or contra bonos mores, is the
EXCEPTION, contracts. An exception is a clause in a deed,. by which
the lessor excepts something out of that which he granted before by the
2. To make a valid exception, these things must concur: 1. The exception must
be by apt words; as, saving and excepting, &c. 2. It must be of part of the
thing previously described, and not of some other thing. 3. It must be part of
the thing only, and not of all, the greater part, or the effect of the thing
granted; an exception, therefore, in a lease, which extends to the whole thing
demised, is void. 4. It must be of such thing as is severable from the demised
premises, and hot of an inseparable incident. 5. It must be of a thing as he
that accepts may have, and which properly belongs to him. 6. It must be of a
particular thing out of a general, and not of a particular thing out of a
particular thing. 7. It must be particularly described and set forth; a lease of
a tract of land, except one acre, would be void, because that acre was not
particularly described. Woodf. Landl. and Ten. 10; Co. Litt. 47 a; Touchs. 77; 1
Shepl. R. 337; Wright's R. 711; 3 John. R., 375 8 Conn. R. 369; 6 Pick. R. 499;
6 N. H. Rep. 421. Exceptions against common right and general rules are
construed as strictly as possible. 1 Barton's Elem. Conv. 68.
3. An exception differs from a reservation; the former is always a part of
the thing granted; the latter is of a thing not in esse but newly created or
reserved. An exception differs also from an explanation, which by the use of a
videlicet, proviso, &c., is allowed only to explain doubtful clauses
precedent, or to separate and distribute generals, into particulars. 3 Pick. R.
EXCEPTION, practice, pleading. This term is used in the civil, nearly
in the same sense that the word plea has in the common law. Merl. Repert. h. t.;
Ayl. Parerg. 251.
2. In chancery practice, it is the allegation of a party in writing, that
some pleading or proceeding in a cause is insufficient. 1 Harr. Ch. Pr. 228.
3. Exceptions are dilatory or peremptory. Bract. lib. 5, tr. 5; Britton, cap.
91, 92; 1 Lilly's Ab. 559. Dilatory exceptions are such as do not tend to defeat
the action, but only to retard its progress. Poth. Proc. civ. partie 1, c. 2, s.
2, art. 1; Code of Pract. of Lo. art. 332. Declinatory exceptions have this
effect, as well as the exception of discussion opposed by a third possessor, or
by a surety in an hypothecary action, or the exception taken in order to call in
the warrantor. Id.; 7 N. S. 282; 1 L. R. 38, 420. These exceptions must, in
general, be pleaded in limine litis before issue joined. Civ. Code of Lo. 2260;
1 N. S. 703; 2 N. S. 389; 4 L. R. 104; 10 L. R. 546. A declinatory exception is
a species of dilatory exception, which merely declines the jurisdiction of the
judge before whom the action is brought. Code of Pr. of L. 334.
4. Peremptory exceptions are those which tend to the dismissal of the action.
Some relate to forms, others arise from the law. Those which relate to formes,
tend to have the cause dismissed, owing to some nullities in the proceedings.
These must be pleaded in limine litis. Peremptory exceptions founded on law, are
those which, without going into the merits of the cause, show that the plaintiff
cannot maintain his action, either because it is prescribed, or because the
cause of action has been destroyed or extinguished. These may be pleaded at any
time previous to definitive judgment. Id. art. 343, 346; Poth. Proc. Civ. partie
1, c. 2, s. 1, 2, 3. These, in the French law, are called Fins de. non recevoir.
5. By exception is also meant the objection which is made to the decision of
a judge in the course of a trial. See Bill of Exception.
EXCHANGE, com. law. This word has several significations.
2. - 1. Exchange is a negotiation by which one person transfers to another
funds which he has in a certain place, either at a price agreed upon, or which
is fixed by commercial usage. This transfer is made by means of an instrument
which represents such funds, and is well known by the name of a bill of
3. - 2. The price which is paid in order to obtain such transfer, is also
known among merchants by the name of exchange; as, exchange on England is five
per cent. See 4 Wash. C. C. R. 307. Exchange on foreign money is to be
calculated according to the usual rate at the time of trial. 5 S. & R.
4. - 3. Barter, (q. v.) or the transfer of goods and chattels for other goods
and chattels, is also known by the name of exchange, though the term barter is
more commonly used.
5. - 4. The French writers on commercial law, denominate the profit which
arises from a maritime loan, exchange, when such profit is a per centage on the
money lent, considering it in the light of money lent in one place to be
returned in another, with a difference in amount in the sum borrowed and that
paid, arising from the difference of time and place. Hall on Mar. Loans, 56, n.;
and the articles Interest; Maritime; Premium.
6. - 5. By exchange is also meant, the place where merchants, captains of
vessels, exchange agents and brokers, assemble to transact their business. Code
de Comm. art. 71.
7. - 6. According to the Civil Code of Louisiana, art. 1758, exchange imports
a reciprocal contract, by which. the parties enter into mutual agreement. 14
Pet. 133. Vide the articles. Bills of Exchange; Damages on Bills of Exchange and
Reexchange. Also Civ. Code of Lo. art. 2630.
EXCHANGE conveyancing. An exchange is a mutual grant of equal
interests in land, the one in consideration of the other. 2 Bl. Com. 323; Litt.
s. 62; Touchs. 289; Watk. Prin. Con. It is said that exchange, in the United
States, does not differ from bargain and sale. 2 Bouv. Inst. n. 2055.
2. There are five circumstances necessary to an exchange. 1. That the estates
given be equal. 2. That the word escambium or exchange be used, which cannot be
supplied by any other word, or described by circumlocution. 3. That there be an
execution by entry or claim in the life of the parties. 4. That if it be of
things which lie in grant, it be by deed. 5. That if the lands lie in several
counties, it be by deed indented; or if the thing lie in grant, though they be
in one county. In practice this mode of conveyancing is nearly obsolete. Vide
Cruise, Dig. tit. 32 Perk. ch. 4 10 Vin. Ab. 125; Com. Dig. h. t.; Nels. Ab. h.
t.; Co. Litt. 51; Hardin's R. 593 1 N. H. Rep. 65 3 Har. & John. 361; 1
Rolle's Ab. 813 .3 Wils. R. 489. Vide Watk. Prin. Con. b. 2, c. 5; Horsman, 362
and 3 Wood, 243, for forms.
EXCHEQUER R, Eng. law. An ancient court of record set up by William
the Conqueror. It is called exchequer from the chequered cloth, resembling a
chesshoard, which covers the table there. 3 Bl. Com. 45. It consists of two
divisions; the receipt of the exchequer, which manages the royal revenue; and
the court, or judicial part of it, which is again divided into a court of
equity, and a court of common law. Id. 44.
2. In this court all personal actions may be brought, and suits in equity
commenced, the plaintiff in both (fictitiously for the most part) alleging
himself to be the king's debtor, in order to give the court jurisdiction of the
cause. Wooddes. Lect. 69. But by stat. 2 Will. IV. c. 39, s. 1, a change has
been made in this respect.
EXCHEQUER CHAMBER, Eng. law. A court erected by statute 31 Ed. III. c.
12, to determine causes upon writs of error from the common law side of the
court of exchequer. 3 Bl. Com. 55. Another court of exchequer chamber was
created by the stat. 27 El. c. 8, consisting of the justices of the common
bench, and the barons of the exchequer. It has authority to examine by writ of
err6r the proceedings of the king's bench, not so generally as that erected by
the statute of Edw. III., but in certain enumerated actions.
EXCISES. This word is used to signify an inland imposition, paid
sometimes upon the consumption of the commodity, and frequently upon the retail
sale. 1 Bl. Com. 318; 1 Tuck. Bl. Com. Appx. 341; Story, Const. §950.
EXCLUSIVE, rights. Debarring one from participating in a thing. An
exclusive right or privilege, is one granted to a person to do a thing, and
forbidding all others to do the same. A patent right or copyright, are of this
EXCLUSIVE, computation of time. Shut out; not included. As when an act
is to be done within a certain time, as ten days from a particular time, one day
is to be included and the other excluded. Vide Hob. 139; Cowp. 714; Lofft, 276;
Dougl. 463; 2 Mod. 280; Sav. 124; 3 ]Penna. Rep. 200; 1 Serg. & Rawle, 43; 3
B. & A. 581; Com. Dig. Temps, A; 3 East, 407; Com. Dig. Estates, G 8; 2
Chit. Pr. 69, 147.
EXCOMMUNICATION, eccl. law. An ecclesiastical sentence, pronounced by
a spiritual judge against a Christian man, by which he is excluded from the body
of the church, and disabled to bring any action, or sue any person in the common
law courts. Bac. Ab. h. t.; Co. Litt. 133-4. In early times it was the most
frequent and most severe method of executing ecclesiastical censure, although
proper to be used, said Justinian, (Nov. 123,) only upon grave occasions. The
effect of it was to remove the excommunicated "person not only from the sacred
rites but from the society of men. In a certain sense it interdicted the use of
fire and water, like the punishment spoken of by Caesar, (lib, 6 de Bell.
Gall.). as inflicted by the Druids. Innocent IV. called it the nerve of
ecclesiastical discipline. On repentance, the excommunicated person was absolved
and received again to communion. These are said to be the powers of binding and
loosing the keys of the kingdom of heaven. This kind of punishment seems to have
been adopted from the Roman usage of interdicting the use of fire and water. Fr.
Duaren, De Sacris Eccles. Ministeriis, lib. 1, cap. 3. See Ridley's View of the
Civil. and Ecclesiastical Law, 245, 246, 249.
EXCOMMUNICATIO CAPIENDO, WRIT OF, Eng. eccl. law. A writ issuing out
of chancery, founded on a hishop's certificate that the defendant had been
excommunicated, which writ is returnable in the king's bench. F. N. B. 62, 64,
65 Bac. Ab. Excommunication, E. See Statutes 3 Ed. I. c. 15; 9 Ed. II. c. 12; 2
& 3 Ed. VI. c. 13; 5 & 6 Ed. VI c. 4; 5 Eliz. c. 23; 1 H. V. c. 5; also
Cro. Eliz. 224, 6,80; Cro. Car. 421; Cro. Jac. 567; 1 Vent. 146; 1 Salk. 293,
EXCUSABLE HOMICIDE, crim. law. The killing of a human being, when the
party killing is not altogether free from blame, but the necessity which renders
it excusable, may be said to be partly induce by his own act. 1 East, P. C.
EXCUSE. A reason alleged for the doing or not doing a thing. This word
presents two ideas differing essentially from each other. In one case an excuse
may be made in, order to own that the party accused is not guilty; in another,
by showing that though guilty, he is less so, than he appears to be. Take, for
example, the case of a sheriff who has an execution against an individual, and
who in performance of his duty, arrests him; in an action by the defendant
against the sheriff, the latter may prove the facts, and this shall be a
sufficient excuse for him: this is an excuse of the first kind, or a complete
justification; the sheriff was guilty of no offence. But suppose, secondly, that
the sheriff has an execution against Paul, and by mistake, and without any
malicious design, be arrests Peter instead of Paul; the fact of his having the
execution against Paul and the mistake being made, will not justify the sheriff,
but it will extenuate and excuse his conduct, and this will be an excuse of the
3. Persons are sometimes excused for the commission of acts, which ordinarily
are crimes, either because they had no intention of doing wrong, or because they
had no power of judging, and therefore had no criminal will (q. v.); or having
power, of judging they had no choice, and were compelled by necessity. Among the
first class may be placed infants under the age of discretion, lunatics, and
married women committing an offence in the presence of their hushands, not malum
in se, as treason or murder; 1 Hale's P. C. 44, 45 or in offences relating to
the domestic concern or management of the house, as the keeping of a bawdy
house. Hawk. b. 1, c. 1, s. 12. Among acts of the second kind may be classed,
the beating or killing another in self-defence; the destruction of property in
order to prevent a more serious calamity, as the tearing down of a house on
fire, to prevent its spreading to the neighboring property, and the like. See
Dalloz, Dict. h. t.
EXEAT, eccl. law. This is a Latin term, which is used to express the
written permission which a hishop gives to an ecclesiastic to exercise the
functions of his ministry in another diocese.
TO EXECUTE. To make, to perform, to do, to follow out. This term is
frequently used in the law; as, to execute a deed is to make a deed.
2. It also signifies to perform, as to execute a contract; hence some
contracts are called executed contracts, and others are called executory
3. To execute also means to put to death by virtue of a lawful sentence; as,
the sheriff executed the convict.
EXECUTED. Something done; something completed. This word is frequently
used in connexion with others to designate a quality of such other words; as an
executed contract; an executed estate; an executed trust, &c. It is opposed
2. An executed contract is one which has been fulfilled; as, where the buyer
has paid thrice of the: thing-purchased by him. See Agreement.
3. An executed estate is when there is vested in the grantee a present and
immediate right of present or future enjoyment; and in another sense, the term
applies to the time of enjoyment; and in that sense, an estate is said to be
executed, when it confers a present right of present enjoyment. When the right
of enjoyment in possession is to arise at a future period, only, the estate is
executed that is, it is merely vested in point of interest: when the right of
immediate enjoyment is annexed to the estate, then only is the estate vested in
possession. 1 Prest. on Est. 62.
4. Trusts executed are, when by deed or will, lands are conveyed, or devised,
in terms or in effect , to and for the use of one person or several persons, in
trust for others, without any direction that the trustees shall make any farther
conveyance; so that it does not appear that the author of the trusts had a view
to a future instrument for accomplishing his intention. Prest. on Est.188.
EXECUTIO NON. These words occur in the stat. 13 Ed. I. cap. 45, in the
following connexion: Et...precipiatur vice comiti quod scire faciat parti...
quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi
irrotulata vel in fine contenta executionem habere non debeant. This statute is
the origin of the scire facias post annum et diem quare executionem non, etc. To
a plea in bar to such a writ, the defendant should conclude that the plaintiff
ought not to have or maintain his aforesaid execution thereof against him, which
is called the executio non, as in other cases by actio non. (q. v.) 10 Mod. 112;
EXECUTION, contracts. The accomplishment of a thing; as the execution
of a bond and warrant of attorney, which is the signing, sealing, and delivery
of the same.
EXECUTION, crim. law. The putting a convict to death, agreeably to
law, in pursuance of his sentence.
EXECUTION, practice. The act of carrying into effect the final
judgment of a court, or other jurisdiction. The writ which authorizes the
officer so to carry into effect such judgment is also called an execution.
2. A distinction has been made between an execution which is used to make the
money due on a judgment out of the property of the defendant, and which is
called a final execution; and one which tends to an end but is not absolutely
final, as a capias ad satisfaciendum, by virtue of which the body of the
defendant is taken, to the intent that the plaintiff shall be satisfied his
debt, &c., the imprisonment not being absolute, but until he shall satisfy
the same; this is called an execution quousque. 6 Co. 87.
3. Executions are either to recover specific things, or money. 1. Of the
first class are the writs of habere facias seisinam.; (q. v.) habere facias
possessionem; (q. v.) retorno habendo; (q. v.) distringas. (q. v.) 2. Executions
for the recovery of money are those which issue against the body of the
defendant, as the capias ad satisfaciendum, (q. v.); an attachment, (q. v.);
those which issue against his goods and chattels; namely, the fieri facias, (q.
v.); the, venditioni exponas, (q. v.); those which issue against his lands, the
levari facias; (q. v.) the liberari facias; the elegit. (q. v.) Vide 10 Vin. Ab.
541; 1 Ves. jr. 430; 1 Sell. Pr. 512; Bac. Ab. h. t.; Com. Dig. h. t.; the
various Digests, h. t.; Tidd's Pr. Index, h. t.; 3 Bouv. Inst. n. 3365, et seq.
Courts will at any time grant leave to amend an execution so as to make it
conformable to the judgment on which it was issued. 1 Serg. & R. 98. A writ
of error lies on an award of execution. 5 Rep. 32, a; 1 Rawle, Rep. 47, 48; Writ
EXECUTION PAREE. By the term execution paree, which is used in
Louisiana, is meant a right founded on an authentic act; that is, and passed
before a notary, by which the creditor may immediately, without citation or
summons, seize and cause to be sold, the property of his debtor, out of the
proceeds of which to receive his payment. It imports a confession of judgment,
and is not unlike a warrant of attorney. Code of Pr. of Lo. art. 732; 6 Toull.
n. 208; 7 Toull. 99.
EXECUTIONER. The name given to him who puts criminals to death,
according to their sentence; a hangman.
2. In the United States, executions are so rare that there are no
executioners by profession. It is the duty of the sheriff or marshal to perform
this office, or to procure a deputy to do it for him.