| slovo | definícia |
BILL OF EXCEPTION
(bouvier) | BILL OF EXCEPTION, practice. The statement in writing, of the objection made
by a party in a cause, to the decision of the court on a point of law,
which, in confirmation of its accuracy, is signed and sealed by the judge,
or court who made the decision. The object of the bill of exceptions is to
put the question of law on record, for the information of the court of error
having cognizance of such cause.
2. The bill of exception is authorized by the statute of Westminster 2,
13 Ed. I. c. 31, the principles of which have, been adopted in all the
states of the Union. It is thereby enacted, "when one impleaded before any
of the justices, alleges an exception praying they will allow it, and if
they will not, if he that alleges the exception writes the same, and
requires 'that the justices will put their seals, the justices shall do so,
and if one will not, another ,shall; and if, upon complaint made of the
justice, the king cause the record to come before him, and the exception be
not found in the roll, and the plaintiff show the written exception, with
the seal of the justices thereto put, the justice shall be commanded to
appear at a certain day, either to confess or deny his seal, and if he
cannot deny his seal, they shall proceed to judgment according to the
exception, as it ought to be allowed or disallowed." The statute extends to
both plaintiff and defendant. Vide the, form of confessing a bill of
exceptions, Burr. 1692. And for precedents see Bull. N. P. 317; Brownlow's
Entries; Latine Redivio, 129; Trials per pais, 222, 3; 4 Yeates, 317, 18; 2
Yeates, 295, 6. 485, 6; 1 Morgan's Vade Mecum, 471-5. Bills of exception
differ materially from special verdicts; 2 Bin. 92; and from the opinions of
the court filed in the cause. 10 S. & R. 114, 15.
3. Here will be considered, 1 the cases in which a bill of exceptions
may be had; 2. the time of making the exception; 3. the form of the bill; 4.
the effect of the bill.
4. - 1. In general a bill of exception can be had only in a civil case.
When in the course of the trial of a cause, the judge, either in his charge
to the jury, or in deciding an interlocutory question, mistakes the law, or
is supposed by the counsel on either. side, to have mistaken the law, the
counsel against whom the decision is made may tender an exception to his
opinion, and require him to seal a bill of exceptions. 3 Bl. Com. 372. See
Salk. 284, pl. 16 7 Serg. & Rawle, 178; 10 Id. 114, 115 Whart. Dig. Error,
D, E 1 Cowen, 622; 2 Caines, 168; 2 Cowen, 479 5, Cowen, 243 3 Cranch, 298 4
Cranch, 62; 6 Cranch, 226; 17 Johns. R. 218; 3 Wend. 418 9 Wend. 674. In
criminal cases, the judges, it seems, are not required to seal a bill of
exceptions. 1 Chit. Cr. Law, 622; 13 John. R. 90; 1 Virg. Cas. 264; 2 Watts,
R. 285; 2 Sumn. R. 19. In New York, it is provided by statute, that on the
trial of any indictment, exceptions to any decision of the court may be made
by the defendant, in the same cases and manner provided by law in civil
cases and a bill thereof shall be settled, signed and sealed, and filed with
the clerk of the court. But such bill of exception shall not stay or delay
the rendering of judgment, except in some specified cases. Grah. Pr. 768,
note.. Statutory provisions have been made in several other states
authorizing the taking of exceptions in criminal cases. 2 Virg. Cas. 60 and
note 14 Pick. R. 370; 4 Ham. R. 348; 6 Ham. R. 16 7 Ham. R. 214; 1 Leigh, R.
598; 14 Wend. 546. See also 1 Halst. R. 405; 2 Penn. R. 637.
5. - 2. The bill of exceptions must be tendered at the time the
decision complained of is made or if the exception be to the charge of the
court, it must be made before the jury have given their verdict. 8 S. & R.
216 4 Dall. 249; S. C. 1 Binn. 38; 6 John. 279; 1 John. 312; 5 Watts, R. 69;
10 John. R. 312; 5 Monr. R. 177; 7 Wend. R. 34; 7 S. & R. 219; 11 S. & R.
267 4 Pet. R. 102; Ala. R. 66; 1 Monr. 215 11 Pet. R. 185; 6 Cowen, R. 189.
In practice, however, the, point is merely noted, at the time, and the bill
is afterwards settled. 8 S. & R. 216; 11 S. & R. 270; Trials per pais, 467;
Salk. 288; Sir T. Ray. 405 Bull. N. P. 315-16; Jacob's Law Dict. They may be
sealed by the judge after the record has been removed by a writ of error,
and after the expiration of his office. Fitz. N. B. 21 N, note.
6. - 3. The bill of exception must be signed by the judge who tried the
cause; which is to be done upon notice of the time and place, when and where
it is to be done. 3 Cowen, 32; 8 Cowen, 766; Bull. N. P. 316 3 Bl. Com. 372.
When the bill of exception is sealed, both parties are concluded by lit. 3
Dall. 38; Bull. N. P. 316.
7.- 4. The bill of exceptions, being part of the record, is evidence
between the parties, as to the facts therein stated. 3 Burr. 1765. No notice
can be taken of objections or exceptions not appearing on the bill. 8 East,
280; 3 Dall. 38, 422, n.; 2 Binn. 168. Vide, generally, Dunlap's Pr.; Grah.
Pr.; Tidd's Pr.; Chit. Pr.; Penna. Pr.; Archibold's Pr. Sellon's Pr.; in
their several indexes, h. t.; Steph. Pl. 111; Bac. Ab. h. t.; 1 Phil. Ev.
214; 12 Vin. Ab. 262; Code of Pract. of Louisiana, art. 487, 8, 9; 6 Watts &
Serg, 386, 397; 3 Bouv. Inst. n. 3228-32.
|
| | podobné slovo | definícia |
Bill of exceptions
(gcide) | Bill \Bill\, n. [OE. bill, bille, fr. LL. billa (or OF. bille),
for L. bulla anything rounded, LL., seal, stamp, letter,
edict, roll; cf. F. bille a ball, prob. fr. Ger.; cf. MHG.
bickel, D. bikkel, dice. Cf. Bull papal edict, Billet a
paper.]
[1913 Webster]
1. (Law) A declaration made in writing, stating some wrong
the complainant has suffered from the defendant, or a
fault committed by some person against a law.
[1913 Webster]
2. A writing binding the signer or signers to pay a certain
sum at a future day or on demand, with or without
interest, as may be stated in the document. [Eng.]
[1913 Webster]
Note: In the United States, it is usually called a note, a
note of hand, or a promissory note.
[1913 Webster]
3. A form or draft of a law, presented to a legislature for
enactment; a proposed or projected law.
[1913 Webster]
4. A paper, written or printed, and posted up or given away,
to advertise something, as a lecture, a play, or the sale
of goods; a placard; a poster; a handbill.
[1913 Webster]
She put up the bill in her parlor window. --Dickens.
[1913 Webster]
5. An account of goods sold, services rendered, or work done,
with the price or charge; a statement of a creditor's
claim, in gross or by items; as, a grocer's bill.
[1913 Webster]
6. Any paper, containing a statement of particulars; as, a
bill of charges or expenditures; a weekly bill of
mortality; a bill of fare, etc.
[1913 Webster]
Bill of adventure. See under Adventure.
Bill of costs, a statement of the items which form the
total amount of the costs of a party to a suit or action.
Bill of credit.
(a) Within the constitution of the United States, a paper
issued by a State, on the mere faith and credit of the
State, and designed to circulate as money. No State
shall "emit bills of credit." --U. S. Const. --Peters.
--Wharton. --Bouvier
(b) Among merchants, a letter sent by an agent or other
person to a merchant, desiring him to give credit to
the bearer for goods or money.
Bill of divorce, in the Jewish law, a writing given by the
husband to the wife, by which the marriage relation was
dissolved. --Jer. iii. 8.
Bill of entry, a written account of goods entered at the
customhouse, whether imported or intended for exportation.
Bill of exceptions. See under Exception.
Bill of exchange (Com.), a written order or request from
one person or house to another, desiring the latter to pay
to some person designated a certain sum of money therein
generally is, and, to be negotiable, must be, made payable
to order or to bearer. So also the order generally
expresses a specified time of payment, and that it is
drawn for value. The person who draws the bill is called
the drawer, the person on whom it is drawn is, before
acceptance, called the drawee, -- after acceptance, the
acceptor; the person to whom the money is directed to be
paid is called the payee. The person making the order may
himself be the payee. The bill itself is frequently called
a draft. See Exchange. --Chitty.
Bill of fare, a written or printed enumeration of the
dishes served at a public table, or of the dishes (with
prices annexed) which may be ordered at a restaurant, etc.
Bill of health, a certificate from the proper authorities
as to the state of health of a ship's company at the time
of her leaving port.
Bill of indictment, a written accusation lawfully presented
to a grand jury. If the jury consider the evidence
sufficient to support the accusation, they indorse it "A
true bill," otherwise they write upon it "Not a true
bill," or "Not found," or "Ignoramus", or "Ignored."
Bill of lading, a written account of goods shipped by any
person, signed by the agent of the owner of the vessel, or
by its master, acknowledging the receipt of the goods, and
promising to deliver them safe at the place directed,
dangers of the sea excepted. It is usual for the master to
sign two, three, or four copies of the bill; one of which
he keeps in possession, one is kept by the shipper, and
one is sent to the consignee of the goods.
Bill of mortality, an official statement of the number of
deaths in a place or district within a given time; also, a
district required to be covered by such statement; as, a
place within the bills of mortality of London.
Bill of pains and penalties, a special act of a legislature
which inflicts a punishment less than death upon persons
supposed to be guilty of treason or felony, without any
conviction in the ordinary course of judicial proceedings.
--Bouvier. --Wharton.
Bill of parcels, an account given by the seller to the
buyer of the several articles purchased, with the price of
each.
Bill of particulars (Law), a detailed statement of the
items of a plaintiff's demand in an action, or of the
defendant's set-off.
Bill of rights, a summary of rights and privileges claimed
by a people. Such was the declaration presented by the
Lords and Commons of England to the Prince and Princess of
Orange in 1688, and enacted in Parliament after they
became king and queen. In America, a bill or declaration
of rights is prefixed to most of the constitutions of the
several States.
Bill of sale, a formal instrument for the conveyance or
transfer of goods and chattels.
Bill of sight, a form of entry at the customhouse, by which
goods, respecting which the importer is not possessed of
full information, may be provisionally landed for
examination.
Bill of store, a license granted at the customhouse to
merchants, to carry such stores and provisions as are
necessary for a voyage, custom free. --Wharton.
Bills payable (pl.), the outstanding unpaid notes or
acceptances made and issued by an individual or firm.
Bills receivable (pl.), the unpaid promissory notes or
acceptances held by an individual or firm. --McElrath.
A true bill, a bill of indictment sanctioned by a grand
jury.
[1913 Webster]Exception \Ex*cep"tion\ ([e^]k*s[e^]p"sh[u^]n), n. [L. exceptio:
cf. F. exception.]
1. The act of excepting or excluding; exclusion; restriction
by taking out something which would otherwise be included,
as in a class, statement, rule.
[1913 Webster]
2. That which is excepted or taken out from others; a person,
thing, or case, specified as distinct, or not included;
as, almost every general rule has its exceptions.
[1913 Webster]
Such rare exceptions, shining in the dark,
Prove, rather than impeach, the just remark.
--Cowper.
[1913 Webster]
Note: Often with to.
[1913 Webster]
That proud exception to all nature's laws.
--Pope.
[1913 Webster]
3. (Law) An objection, oral or written, taken, in the course
of an action, as to bail or security; or as to the
decision of a judge, in the course of a trail, or in his
charge to a jury; or as to lapse of time, or scandal,
impertinence, or insufficiency in a pleading; also, as in
conveyancing, a clause by which the grantor excepts
something before granted. --Burrill.
[1913 Webster]
4. An objection; cavil; dissent; disapprobation; offense;
cause of offense; -- usually followed by to or against.
[1913 Webster]
I will never answer what exceptions they can have
against our account [relation]. --Bentley.
[1913 Webster]
He . . . took exception to the place of their
burial. --Bacon.
[1913 Webster]
She takes exceptions at your person. --Shak.
[1913 Webster]
Bill of exceptions (Law), a statement of exceptions to the
decision, or instructions of a judge in the trial of a
cause, made for the purpose of putting the points decided
on record so as to bring them before a superior court or
the full bench for review.
[1913 Webster] |
|