| slovo | definícia |
exception
(mass) | exception
- výnimka |
exception
(encz) | exception,výjimka |
Exception
(gcide) | 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] |
exception
(wn) | exception
n 1: a deliberate act of omission; "with the exception of the
children, everyone was told the news" [syn: exception,
exclusion, elision]
2: an instance that does not conform to a rule or
generalization; "all her children were brilliant; the only
exception was her last child"; "an exception tests the rule"
3: grounds for adverse criticism; "his authority is beyond
exception" |
exception
(foldoc) | exception
An error condition that changes the normal flow of control
in a program. An exception may be generated ("raised") by
hardware or software. Hardware exceptions include
reset, interrupt or a signal from a {memory management
unit}. Exceptions may be generated by the {arithmetic logic
unit} or floating-point unit for numerical errors such as
divide by zero, overflow or underflow or {instruction
decoding} errors such as privileged, reserved, trap or
undefined instructions. Software exceptions are even more
varied and the term could be applied to any kind of error
checking which alters the normal behaviour of the program.
(1994-10-31)
|
exception
(devil) | EXCEPTION, n. A thing which takes the liberty to differ from other
things of its class, as an honest man, a truthful woman, etc. "The
exception proves the rule" is an expression constantly upon the lips
of the ignorant, who parrot it from one another with never a thought
of its absurdity. In the Latin, "_Exceptio probat regulam_" means
that the exception _tests_ the rule, puts it to the proof, not
_confirms_ it. The malefactor who drew the meaning from this
excellent dictum and substituted a contrary one of his own exerted an
evil power which appears to be immortal.
|
EXCEPTION
(bouvier) | EXCEPTION, Eng. Eq. practice. Re-interrogation. 2 Benth. Ev. 208, n.
|
EXCEPTION
(bouvier) | 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.
|
EXCEPTION
(bouvier) | 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 deed.
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. 272.
|
EXCEPTION
(bouvier) | 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 forms, 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. (q.v.)
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.
|
| | podobné slovo | definícia |
exceptional
(mass) | exceptional
- zvláštny |
exceptionable
(encz) | exceptionable,napadnutelný adj: Zdeněk Brožexceptionable,napadnutelný např. kritikou Zdeněk Brožexceptionable,sporný adj: Zdeněk Brožexceptionable,vadný adj: Zdeněk Brožexceptionable,závadný adj: Zdeněk Brož |
exceptional
(encz) | exceptional,mimořádný adj: Zdeněk Brožexceptional,neobyčejný adj: Zdeněk Brožexceptional,výjimečný Hynek Hankeexceptional,zvláštní adj: Zdeněk Brož |
exceptional circumstances clause
(encz) | exceptional circumstances clause, |
exceptionally
(encz) | exceptionally,výjimečně adv: Zdeněk Brož |
exceptions
(encz) | exceptions,výjimky n: pl. Zdeněk Brož |
take exception
(encz) | take exception,mít výhrady Zdeněk Brož |
take exception to
(encz) | take exception to,mít výhrady ke Zdeněk Brožtake exception to,namítat proti Zdeněk Brožtake exception to,vznést námitky Zdeněk Brož |
unexceptionable
(encz) | unexceptionable,bezvadný adj: Zdeněk Brožunexceptionable,nezávadný adj: Zdeněk Brož |
unexceptionably
(encz) | unexceptionably, |
unexceptional
(encz) | unexceptional,obvyklý adj: Zdeněk Brož |
unexceptionally
(encz) | unexceptionally, |
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] |
Exception
(gcide) | 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] |
Exceptionable
(gcide) | Exceptionable \Ex*cep"tion*a*ble\
([e^]k*s[e^]p"sh[u^]n*[.a]*b'l), a.
Liable to exception or objection; objectionable. --
Ex*cep"tion*a*ble*ness, n.
[1913 Webster]
This passage I look upon to be the most exceptionable
in the whole poem. --Addison.
[1913 Webster] |
Exceptionableness
(gcide) | Exceptionable \Ex*cep"tion*a*ble\
([e^]k*s[e^]p"sh[u^]n*[.a]*b'l), a.
Liable to exception or objection; objectionable. --
Ex*cep"tion*a*ble*ness, n.
[1913 Webster]
This passage I look upon to be the most exceptionable
in the whole poem. --Addison.
[1913 Webster] |
Exceptional
(gcide) | Exceptional \Ex*cep"tion*al\, a. [Cf. F. exceptionnel.]
Forming an exception; not ordinary; uncommon; rare; hence,
better than the average; superior. --Lyell.
[1913 Webster]
This particular spot had exceptional advantages.
--Jowett (Th.
)
-- Ex*cep"tion*al*ly, adv.
[1913 Webster] |
Exceptionally
(gcide) | Exceptional \Ex*cep"tion*al\, a. [Cf. F. exceptionnel.]
Forming an exception; not ordinary; uncommon; rare; hence,
better than the average; superior. --Lyell.
[1913 Webster]
This particular spot had exceptional advantages.
--Jowett (Th.
)
-- Ex*cep"tion*al*ly, adv.
[1913 Webster] |
Exceptioner
(gcide) | Exceptioner \Ex*cep"tion*er\, n.
One who takes exceptions or makes objections. [Obs.]
--Milton.
[1913 Webster] |
Exceptionless
(gcide) | Exceptionless \Ex*cep"tion*less\, a.
Without exception.
[1913 Webster]
A universal, . . . exceptionless disqualification.
--Bancroft.
[1913 Webster] |
Unexceptionable
(gcide) | Unexceptionable \Unexceptionable\
See exceptionable.Unexceptionable \Un`ex*cep"tion*a*ble\, a.
Not liable to any exception or objection; unobjectionable;
faultless; good; excellent; as, a man of most unexceptionable
character. -- Un`ex*cep"tion*a*ble*ness, n. --
Un`ex*cep"tion*a*bly, adv.
[1913 Webster]
[1913 Webster]
Chesterfield is an unexceptionable witness. --Macaulay.
[1913 Webster] |
Unexceptionableness
(gcide) | Unexceptionable \Un`ex*cep"tion*a*ble\, a.
Not liable to any exception or objection; unobjectionable;
faultless; good; excellent; as, a man of most unexceptionable
character. -- Un`ex*cep"tion*a*ble*ness, n. --
Un`ex*cep"tion*a*bly, adv.
[1913 Webster]
[1913 Webster]
Chesterfield is an unexceptionable witness. --Macaulay.
[1913 Webster] |
Unexceptionably
(gcide) | Unexceptionable \Un`ex*cep"tion*a*ble\, a.
Not liable to any exception or objection; unobjectionable;
faultless; good; excellent; as, a man of most unexceptionable
character. -- Un`ex*cep"tion*a*ble*ness, n. --
Un`ex*cep"tion*a*bly, adv.
[1913 Webster]
[1913 Webster]
Chesterfield is an unexceptionable witness. --Macaulay.
[1913 Webster] |
exceptionable
(wn) | exceptionable
adj 1: liable to objection or debate; used of something one
might take exception to; "a thoroughly unpleasant highly
exceptionable piece of writing"; "found the politician's
views objectionable" [syn: exceptionable,
objectionable] |
exceptional
(wn) | exceptional
adj 1: far beyond what is usual in magnitude or degree; "a night
of exceeding darkness"; "an exceptional memory";
"olympian efforts to save the city from bankruptcy"; "the
young Mozart's prodigious talents" [syn: exceeding,
exceptional, olympian, prodigious, surpassing]
2: surpassing what is common or usual or expected; "he paid
especial attention to her"; "exceptional kindness"; "a matter
of particular and unusual importance"; "a special occasion";
"a special reason to confide in her"; "what's so special
about the year 2000?" [syn: especial(a), exceptional,
particular(a), special]
3: deviating widely from a norm of physical or mental ability;
used especially of children below normal in intelligence;
"special educational provisions for exceptional children" |
exceptionally
(wn) | exceptionally
adv 1: to an exceptional degree; "it worked exceptionally well" |
take exception
(wn) | take exception
v 1: raise a formal objection in a court of law [syn:
challenge, take exception] |
unexceptionable
(wn) | unexceptionable
adj 1: completely acceptable; not open to exception or reproach;
"two unexceptionable witnesses"; "a judge's ethics should
be unexceptionable" [syn: unexceptionable,
unimpeachable] |
unexceptional
(wn) | unexceptional
adj 1: not special in any way; "run-of-the-mill boxing"; "your
run-of-the-mine college graduate"; "a unexceptional an
incident as can be found in a lawyer's career" [syn:
run-of-the-mill, run-of-the-mine, mine run,
unexceptional] |
exception handler
(foldoc) | exception handler
Special code which is called when an exception occurs during
the execution of a program. If the programmer does not
provide a handler for a given exception, a built-in system
exception handler will usually be called resulting in abortion
of the program run and some kind of error indication being
returned to the user.
Examples of exception handler mechanisms are Unix's signal
calls and Lisp's catch and throw.
(1994-10-31)
|
fatal exception
(foldoc) | fatal exception
A program execution error
which is trapped by the operating system and which results
in abrupt termination of the program.
It may be possible for the program to catch some such errors,
e.g. a floating point underflow; others, such as an
invalid memory access (an attempt to write to read-only memory
or an attempt to read memory outside of the program's {address
space}), may always cause control to pass to the operating
system without allowing the program an opportunity to handle
the error. The details depend on the language's {run-time
system} and the operating system.
See also: fatal error.
(1997-08-03)
|
pokémon exception handling
(foldoc) | Pokémon exception handling
A humourous term for a try-catch
exception handling construct with no constraint on which
exceptions will be caught, for when you just "Gotta Catch 'Em
All." (a slogan used in the Pokémon media empire).
Pokémon is a trademark of the Pokémon Company of Japan.
[{Dodgy Coder
(http://www.dodgycoder.net/2011/11/yoda-conditions-pokemon-exception.html)}].
(2012-07-10)
|
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.
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EXCEPTION
(bouvier) | EXCEPTION, Eng. Eq. practice. Re-interrogation. 2 Benth. Ev. 208, n.
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.
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 deed.
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. 272.
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 forms, 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. (q.v.)
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.
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