Example

An example is a case
put to illustrate a principle. Examples
illustrate but do not restrain or change
the laws; iUustrunt non restringunt
legem, Co. Lilt. 24 n.

KXCAMRIATOR, the name of an
exchange of lands ; a broker. This
term is now obsolete.

EXCEFX'IO REI JUDICATA, civil
law. The name of a plea by which
the defendant alleges that the matter in
dispute between the parties, has been
before adjudged. Sco Res jurlicata.

EXCEPTION, Eng. Eq. Practice.
Re-interrogation, 2 Benth. Ev. 208, n.

Exception, legislation, construction.
Exceptions are rules or laws which
hound the extent of others ; they limit
the extent of the rule to which they
apply, 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 par-
ties competent may make contracts,
the rule that they shall not make any
contrary to equity, or contra bonos
mores, is the exception.

Exception, in contracts. An ex-
ception is a clause in a deed, by which
the lessor excepts something, out of that
which he granted before by the deed.

2. — To make a valid exception,
these things must concur ; 1 , the ex-
ception must be by apt words, ns, sav-
ing and excepting, &c. ; 2, it must be

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535

of part of the thing demised, and not of
some other thing ; 3, it must l>e 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 demis-
ed premises, and not of an insepa-
rable incident ; 5, it must be of such
a thing as he that accepts may have,
and which properly belongs to him ; 0,
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. it); Co. Litt. 47 a;
Touchs. 77 ; 1 Bhepl. R. 337 ; Wright’s
K. 711 ; 3 John. R. 375 ; 8 Conn. R.
3G9 ; G Pick. R. 499; G N. II. Rep.
431.

3. — An exception diflers from a
reservation ; the former is always part
of the thing granted ; the latter is of a
thing not in esse but newly created or
reserved. An exception diflers also
from an explanation, which by the use
of a t ridelicit, proviso , &c., is allowed
only to explain doubtful clauses prece-
dent, or to separate and distribute
generals, into particulars. 3 Pick. II.
<i73.

Exc ept ion, pracl ice , pleading. This
term is used in the civil, nearly in the
same sense that the word plea hns in
the common luw. Merl. Rupert, 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 art; dilatory or per-
emptory. llract. lib. 5, tr. 5 ; Britton,
cap. 9i, 92; 1 Lilly’s Ab. 559. Di-
latory 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 call in the warrantor.
Id. ; 7 N. S. 282 ; 1 L. R. 38, 420.
These exceptions must in general be
pleaded a limine litis before issue
joined. Civ. Code of Lo. 22G0 ; 1 N.
S. 703 ; 2 N. S. 389; 4 L. R. 101 ;
10 L. R. 540. 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 arc those
which tend to the dismissal of the ac-
tion. Some relate to forms, others
arise from the law. Those which re-
late to forms tend to have the cause
dismissed, owing to some nullities in
the proceedings. These must l>c plead-
ed in limine litis. Peremptory excep-
tions 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 ac-
tion has been destroyed or extinguish-
ed. 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 rccevoir , (q. v.)

EXCHANGE, comm. law. This
word has several significations.

2. — 1. Exchunge is a negociation
by which one person transfers to ano-
ther, 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 on
instrument which represents such funds,
and is well known by the name of a
bill of exchange.

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. Sec 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. 48.

4. — 3. Barter, (q. v.)or the transfer
of goods and chattels for other goods

530

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and chattels, is also known by the '
name of exchange, though the term
barter is more commonly used.

5. — 4. The French writers on com-
mercial law, denominate the profit
which arises from a maritime loan, ex-
change, when such profit is a per cent-
age on the money lent, considering it
in the light of money lent in one place
to be returned in another, with a differ-
ence in amount in the sum borrowed
and that paid, arising from the differ-
ence of lime and place. Mall on Mar.
Loans, no, n. ; and the articles Inte-
rest ; 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. — 0. According to the civil code
of Louisiana, nrt. 1758, exchange im-
ports a reciprocal contract, by which
the parties enter into mutual agree-
ment. 14 Pet. 133.

Vide the articles Bills of Exchange ;
Damages on Hills of Exchange, and
Re-exchange. Also Civ. Code of Lo.
nrt. 2030.

Exchange, conveyancing. An ex-
change is a mutual grant of equal in- j
terests in land, the one in consideration
of the other. 2 Bl. Com. 323; Litt. s.
02 ; Touclis. 289.

2. — There arc five circumstances ne-
cessary to an exchange; 1. That the
estates given be equal. 2. That the
word escatnbium or exchange be used,
which cannot be supplied by any other ,
word, or described by circumlocution.
3. That there lie an execution by entry
or claim in the life of the parties. 4.
That if it lie 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 obsolete. Vide Cruise, Dig. tit. 32 ;
Perk. ch. 4; 10 Vin. Ab. 125; Com.
Dig b. t. ; Ncls. Ab. h. t. ; Co. Litt.
5l"; Hardin’s R. 598; 1 N. 11. Kcp.
65 ; 3 liar. & John. 361 ; 1 Rollc’s

Ab. 813; 3 Wils. R. 489. Vide Hors-
man, 302 ; 3 Wood, 243, for forms.

EXCHEQUER, Eng. law, is an
ancient court of record set up by Wi|.
liam the conqueror. It is called exche-
quer from the chequered cloth, resem-
bling a chessboard, 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 com-
mon law. Ib. 44.

2. — In this court all personal ac-
tions 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. 4, c. 39, s. 1, n change
has been made in this respect.

ExCIIKQI Kit CHAMBER. Eng. lllW,

is a court erected by statute 31 Ed. 3,
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 cham-
ber was created by the stat. 27 LI. c.
8, consisting of the justices of the com-
mon bench, and the barons of the ex-
chequer. It has authority to examine
by writ of error the proceedings of tho
king’s bench, not so generally ns that
erected by the statute of Edw. 3, but
in certain enumerated actions.