EVIDENCE given to show that he had accepted similar bills before they could, from their date, have arrived from the place of date. 2 H. Blackst. 288. 615 EVIDENCE party who ought to have been joined as plaintiff has been omitted; 1 Saund. 291 h, n.; 2 Term, 282. But it is no variance to omit a person who might have been joined as defendant; because the non-joinder ought to have been pleaded in abatement; 1 Saund. 291 d, n. 2. The consideration of the con When special damage sustained by the plaintiff is not stated in the declaration, it is not one of the points in issue, and, therefore, evidence of it cannot be received; yet a dam-tract must be proved; but it is not necessary age which is a necessary result of the defendant's breach of contract may be proved notwithstanding it is not in the declaration. 11 Price, 19. In general, evidence of the character of either party to a suit is inadmissible; yet in some cases such evidence may be given. See CHARACTER. When evidence incidentally applies to another person or thing not included in the transaction in question, and with regard to whom or to which it is inadmissible, yet if it bear upon the point in issue it will be received; 8 Bing. 376. And see 1 Phill. Ev. 158; 2 East, Pl. Cr. 1035; 2 Leach, 985; 4 B. & P. 92; Russ. & R. 376; 2 Yeates, 114; 9 Conn. 47 1 Whart. Cr. Law, § 649. The acts of others, as in the cause of conspirators, may be given in evidence against the prisoner, when referable to the issue; but confessions made by one of several conspirators after the offence has been completed, and when the conspirators no longer act in concert, cannot be received. See CONFESSION; 3 Pick. 33; 10 id. 497; 2 Pet. 364; 2 Va. Cas. 269; 3 S. & R. 9, 220; 1 Rawle, 362, 458; Leigh, 745; 2 Day, 205; 2 B. & Ald. 573, 574. In criminal cases, when the offence is a cumulative one, consisting itself in the commission of a number of acts, evidence of those acts is not only admissible, but essential to support the charge. On an indictment against a defendant for a conspiracy to cause himself to be believed a man of large property, for the purpose of defrauding tradesmen, after proof of a representation to one tradesman, evidence may thereupon be given of a representation to another tradesman at a different time; 1 Campb. 399; 2 Day, 205; 1 Johns. 99; 4 Rog. 143; 2 Johns. Čas. 193. To prove the guilty knowledge of a prisoner with regard to the transaction in question, evidence of other offences of the same kind committed by the prisoner, though not charged in the indictment, is admissible against him; as, in the case where a prisoner had passed a counterfeit dollar, evidence that he had other counterfeit dollars in his possession is evidence to prove the guilty knowledge; 2 Const. 758, 776; 1 Bail. 300; 2 Leigh, 745; 1 Wheel. Cr. Cas. 415; 3 Rog. 148; Russ. & R. 132; 1 Camp. 324; 5 Rand. 701. The substance of the issue joined between the parties must be proved. 1 Phill. Ev. 190. Under this rule will be considered the quantity of evidence required to support particular averments in the declaration or indictment. And, first, of civil cases. 1. It is a fatal variance in a contract if it appear that a for the plaintiff to set out in his declaration, or prove on the trial, the several parts of a contract consisting of distinct and collateral provisions: it is sufficient to state so much of the contract as contains the entire consideration of the act, and the entire act to be done in virtue of such consideration, including the time, manner, and other circumstances of its performance; 6 East, 568; 4 B. & Ald. 387. Secondly. In criminal cases, it may be laid down that it is, in general, sufficient to prove what constitutes an offence. It is enough to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified; 2 Campb. 585; 1 H. & J. Md. 427. If a man be indicted for robbery, he may be found guilty of larceny and not guilty of the robbery; 2 Hale, Pl. Cr. 302. The offence of which the party is convicted must, however, be of the same class with that of which he is charged; 1 Leach, 14; 2 Stra. 1133. When the intent of the prisoner furnishes one of the ingredients in the offence, and several intents are laid in the indictment, each of which, together with the act done, constitutes an offence, it is sufficient to prove one intent only; 3 Stark. 35. 3. When a person or thing necessary to be mentioned in an indictment is described with circumstances of greater particularity than is requisite, yet those circumstances must be proved; 3 Rog. 77; 3 Day, 283. For example, if a party be charged with stealing a black horse, the evidence must correspond with the averment, although it was unneces sary to make it; Rosc. Cr. Ev. 77; 4 Ohio, 350. 4. The name of the prosecutor or party injured must be proved as laid; and the rule is the same with reference to the name of a third person introduced into the indictment, as descriptive of some person or thing. 5. The affirmative of the issue must be proved. The general rule with regard to the burden of proving the issue requires that the party who asserts the affirmative should prove it. But this rule ceases to operate the moment the presumption of law is thrown into the other scale. When the issue is on the legitimacy of a child, therefore, it is incumbent on the party asserting the illegitimacy to prove it. 2 Selw. N. P. 709. See ONUS PROBANDI; PRESUMPTION; 2 Gall. 485; 1 M'Cord, 573; 2 So. L. Rev. (N. s.) 126. Modes of proof. Records are to be proved by an exemplification, duly authenticated (see AUTHENTICATION), in all cases where the issue is nul tiel record. In other cases, an examined copy, duly proved, will, in general, be evidence; 2 Woods, 680. Foreign laws EVIDENCE, CIRCUMSTANTIAL are proved in the mode pointed out under the article FOREIGN LAWS. Private writings are proved by producing the attesting witness; or in case of his death, absence, or other legal inability to testify, as if after attesting the paper he becomes infamous, his handwriting may be proved. When there is no witness to the instrument, it may be proved by the evidence of the handwriting of the party, by a person who has seen him write or in a course of correspondence has become acquainted with his hand. See COMPARISON OF HANDWRITING; 5 Binn. 349; 6 S. & R. 12, 312; 10 id. 110; 11 id. 333, 347; 3 Wash. C. C. 31; 1 Rawle, 223; 3 id. 312; 1 Ashm. 8; 3 Penn. R. 136; article in 4 Am. L. Rev. 625. Books of original entry, when duly proved, are prima facie evidence of goods sold and delivered, and of work and labor done. See ORIGINAL ENTRY. 616 Proof by witnesses. The testimony of witnesses is called oral evidence, or that which is given viva voce, as contradistinguished from that which is written or documentary. It is a general rule that oral evidence shall in no case be received as equivalent to, or as a substitute for, a written instrument, where the latter is required by law; or to give effect to a written instrument which is defective in any particular which by law is essential to its validity; or to contradict, alter, or vary a written instrument, either appointed by law, or by the contract of the parties, to be the appropriate and authentic memorial of the particular facts it recites; for by doing so, oral testimony would be admitted to usurp the place of evidence decidedly superior in degree; 1 S. & R. 27, 464; 2 Dall. 172; 1 Binn. 616; 3 Marsh. 333; 1 Bibb, 271; 4 id. 473; 11 Mas. 30; 13 id. 443; 3 Conn. 9; 12 Johns. 77; 20 id. 49; 3 Campb. 57; 1 Esp. Cas. 53; 1 Maule & S. 21. But parol evidence is admissible to defeat a written instrument, on the ground of fraud, mistake, etc., or to apply it to its proper subject-manner, or, in some instances, as ancillary to such application, to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. the In these cases, parol evidence does not ursurp the place, or arrogate the authority of, written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect; 1 Murph. 426; 1 Des. 465; 4 id. 211; 1 Bay, 247; 1 Bibb, 271; 11 Mass. 30. See 1 Pet. C. C. 85; 1 Binn. 610; 3 S. & R. 340; Pothier, Obl. pl. 4, c. 2. See, generally, the treatises on Evidence, of Gilbert, Phillipps, Starkie, Roscoe, Swift, Bentham, Macnally, Peake, Greenleaf, Wharton, Stephen; Best on Presumption; Bouvier, Inst. Index; and the various Digests. EVIDENCE, CIRCUMSTANTIAL. The proof of facts which usually attend other facts sought to be proved; that which is not direct evidence. For example, when a witness testifies that a man was stabbed with a EVIDENCE, EXTRINSIC knife, and that a piece of the blade was found in the wound, and it is found to fit exactly with another part of the blade found in the possession of the prisoner, the facts are directly attested, but they only prove circumstances; and hence this is called circumstantial evidence. Circumstantial evidence is of two kinds namely, certain and uncertain. It is certain when the conclusion in question necessarily follows: as, where a man had received a mortal wound, and it was found that the impression of a bloody left hand had been made on the left arm of the deceased, it was certain some other person than the deceased must have made such mark. 14 How. St. Tr. 1334. But it is uncertain whether the death was caused by suicide or by murder, and whether the mark of the bloody hand was made by the assassin, or by a friendly hand that came too late to the relief of the deceased. It has been contended that, in order to justify the inference of legal guilt from circumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused; Wills, Circum. Ev.; Stark. Ev. 160; but other writers have held that the distinction between this species of evidence and that which is direct is merely one of logic, and of no practical significance; that all evidence is more or less circumstantial; all statements of witnesses, all conclusions of juries, are the results of inference. See 2 Sumn. 27; 4 Penn. 269; Whart. Cr. Ev. § 10, notes. Even in its strictest sense, circumstantial evi dence is legal evidence, and when it is satisfactory beyond reasonable doubt, a jury is bound to act upon it as if it were the most direct; 1 Cent. L. J. 219; 1 Greenl. Ev. § 13. See CIRCUMSTANCES. EVIDENCE, CONCLUSIVE. That which, while uncontradicted, satisfies the judge and jury; it is also that which cannot be contradicted. The record of a court of common-law jurisdiction is conclusive as to the facts therein stated; 2 Wash. Va. 64; 2 Hen. & M. 55; 6 Conn. 508. But the judgment and record of a prize-court is not conclusive evidence in the subject-matter; and whether it had or the state courts, unless it had jurisdiction of not, the state courts may decide; 1 Conn. See, as to the conclusiveness of the 429. judgments of foreign courts of admiralty; 3 Cra. 458; 4 id. 421, 434; Gilm. 16; 1 Const. 381; 1 Nott & M'C. 537. EVIDENCE, DIRECT. That which applies immediately to the factum probandum, without any intervening process: as, if A testifies he saw B inflict a mortal wound on C. of which he instantly died. 1 Greenl. Ev. § 13. EVIDENCE, EXTRINSIC. External evidence, or that which is not contained in the body of an agreement, contract, and the like. It is a general rule that extrinsic evidence cannot be admitted to contradict, explain, vary, or change the terms of a contract or of EVOCATION a will, except in a latent ambiguity, or to rebut a resulting trust; 14 Johns. 1; 1 Day, 8; 6 id. 270. EVOCATION. In 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. It is like the process by writ of certiorari. EWAGE. A toll paid for water-passage. Cowel. The same as aquagium. be justifiable without it; and sometimes property is protected ex necessitate rei which under other circumstances would not be so; 126 Mass. 445. For example, property put upon the land of another from necessity cannot be distrained for rent. See DISTRESS; NECESSITY. EX OFFICIO (Lat.). By virtue of his office. Many powers are granted and exercised by public officers which are not expressly deleEWBRICE. Adultery; spouse-breach; gated. A judge, for example, may be ex marriage-breach. Cowel; Tomlin, Law Dict.fficio a conservator of the peace and a justice of the peace. EX ÆQUO ET BONO (Lat.). In justice and good dealing. 1 Story, Eq. Jur. § 965. EX CONTRACTU (Lat.). From contract. A division of actions is made in the common and civil law into those arising ex contractu (from contract) and ex delicto (from wrong or tort). 3 Bla. Com. 117; 1 Chitty, Pl. 2; 1 Mackeldey, Civ. Law, § 195. EX DEBITO JUSTITIÆ (Lat.). As a debt of justice. As a matter of legal right. 3 Bla. Com. 48. EX DELICTO (Lat.). Actions which arise in consequence of a crime, misdemeanor, fault, or tort are said to arise ex delicto: such are actions of case, replevin, trespass, trover. 1 Chitty, Pl. 2. See EX CONTRACTU; AC TIONS. EX DOLO MALO (Lat.). Out of fraud or deceit. When a cause of action arises from fraud or deceit, it cannot be supported : ex dolo malo non oritur actio. See MAXIMS. EX GRATIA (Lat.). Of favor. Of grace. Words used formerly at the beginning of royal grants, to indicate that they were not made in consequence of any claim of legal right. EX INDUSTRIA (Lat.). Intentionally. From fixed purpose. EX MALEFICIO (Lat.). On account of misconduct. By virtue of or out of an illegal act. Used in the civil law generally, and sometimes in the common law. Browne, Stat. Frauds, 110, n.; Broom, Leg. Max. 351. EX MERO MOTU (Lat.). Of mere motion. The term is derived from the king's letters patent and charters, where it signifies that he grants them of his own mere motion, without petition. To prevent injustice, the courts will, ex mero motu, make rules and orders which the parties would not strictly be entitled to ask for. See EX GRATIA; Ex EX OFFICIO INFORMATION. In English Law. A criminal information filed by the attorney general ex officio on behalf of the crown, in the court of queen's bench, for offences more immediately affecting the government, and to be distinguished from inFormations in which the crown is the nominal prosecutor. Moz. & W.; 4 Steph. Com. 372-378. EX PARTE (Lat.). 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. An injunction is granted ex parte when but one side has had a hearing. "Ex parte," in the heading of a reported case, signifies that the name following is that of the party upon whose application the case is heard. EX PARTE MATERNA (Lat.). On the mother's side. EX PARTE PATERNA (Lat.). On the father's side. EX POSTFACTO (Lat.). From or by an EX POST FACTO, or more properly, after act by subsequent matter. The correlative term is ab initio. 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 Coke, 146. A remainderman or reversioner may confirm ex post facto a lease granted by a life-tenant to last beyond his own life. EX POST FACTO LAW. A statute which would render an act punishable in a manner in which it was not punishable when it was committed; 6 Cra. 138; 1 Kent, 408. A law made to punish acts committed before the existence of such law, and which had not been declared crimes by preceding laws; Mass. Declar. of Rights, pt. 1, s. 24; Md. Declar. of Rights, art. 15. Parliament, in laws, being sustained by discretion alone; 1 virtue of its supreme power, may pass such Bla. Com. 46, 160. By the constitution of the United States, laws. U. S. Const. art. 1, § 9. And by § 10, congress is forbidden to pass ex post facto subd. 1, of the same instrument, as well as by the constitutions of most, if not all, of the states, a similar restriction is imposed upon the state legislatures. Such law is void as to those cases in which, if given effect, it would be ex post facto; but so far only. In cases arising under it, it may have effect; for as a rule for the future it is not ex post facto. There is a distinction between ex post facto laws and retrospective or retroactive laws: every ex post facto law must necessarily be retrospective, but not every retrospective law is an ex post facto law; in general, the former only are prohibited, though the latter are so by the constitutions of the states of New Hampshire and Ohio. See 15 Ohio, 207; 27 id. 22. It is fully settled that the term ex post facto, as used in the constitution, is to be taken in a limited sense as referring to criminal or penal statutes alone, and that the policy, the reason, and the humanity of the prohibition against passing ex post facto laws do not extend to civil cases, to cases that merely affect the private property of citizens. But the prohibition cannot be evaded by giving a civil form to what is, in substance, criminal; 4 Wall. 277; id. 333; 97 U. S. 385; 39 N. Y. 418; 43 Ga. 480. See address on Retrospective Legislation, by George W. Biddle, before the New York Bar Association (1881). Some of the most necessary acts of legislation are, on the contrary, founded upon the principles that private rights must yield to public exigencies; 8 Wheat. 89; 17 How. 463; 8 Pet. 88; 11 id. 421; 9 Cra. 374; 1 Gall. 105; 2 Pet. 380, 523, 627; 7 Johns. 488; 6 Binn. 271; 69 Mo. 343; 59 How. Pr. 21; 93 Ill. 483; Cooley, Cons. Lim. 265. Laws under the following circumstances are to be considered ex post facto laws within the words and intent of the prohibition: 1. Every law that makes an act done before the passing of the law, and which was innocent when done, criminal and punishes such action. 2. Every law that aggravates a crime, or makes it greater than it was when committed. 3. Every law that changes the punishment, and inflicts a greater punishment than the law annexed to the crime when committed; though it would be otherwise of a law mitigating the punishment; 3 Story, Const. 212. 4. Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offence, in order to convict the offender; 3 Dall. 390. So. EXAMINATION fall within the prohibition; 11 Pick. etc., supra. See IMPAIRING THE OBLIGATION OF CONTRACTS; RETROSPECTIVE; Wade on Retroactive Laws. EX PROPRIO MOTU (Lat.). Of his own accord. EX PROPRIO VIGORE (Lat.). By its own force. 2 Kent, 457. EX RELATIONE (Lat.). At the information of; by the relation. A bill in equity, for example, may in many cases be brought for an injunction to restrain a public nuisance ex relatione (by information of) the parties immediately interested in or affected by the nuisance; 18 Ves. 217; 2 Johns. Ch. 382; 6 id. 439; 13 How. 518; 12 Pet. 91. It is frequently abbreviated ex rel. See RElator. EX TEMPORE (Lat.). From the time; without premeditation. EX VI TERMINI (Lat.). By force of the term. EX VISCERIBUS (Lat. from the bowels). From the vital part, the very esMass. 213. Ex visceribus verborum (from the sence of the thing. 10 Co. 24 b; 2 Metc. mere words and nothing else). 10 Johns. 494; 1 Story, Eq. § 980. EX VISITATIONE DEI (Lat.). By or In the ancient from the visitation of God. law, upon a prisoner arraigned for treason or felony standing mute, a jury was impanelled to inquire whether he stood obstinately mute, or was dumb ex visitatione Dei; 4 Steph. Com. 391-393. This phrase is frequently employed in inquisitions by the coroner, where it signifies that the death of the deceased is a natural one. EXACTION. A wilful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than 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. Co. Litt. 368. EXACTOR. In Old English and Civil Law. A collector. Exactor regis (collector for the king). A collector of taxes or revenue. Vicat, Voc. Jur.; Spelman, Gloss. The term exaction early came to mean the wrong done by an officer, or one pretending to have authority, in demanding or taking any reward or fee for that matter, cause, or thing which the law allows not. Termes de la Ley. This classification has been generally adopt ed as accurate and complete, but is not entirely Thus a law has been decided to be ex post facto which purported to punish a criminal act, prosecution as to which was already barred by a statute of limitations; Moore v. State of N. J., 14 Vroom.; s. c. 24 Alb. L. J. 308. The statement under the fourth head also requires modification. Convictions under EXAMINATION. In Criminal Law. changes in the rules of evidence have been The investigation by an authorized magistrate held not unconstitutional; 11 Pick. 28; 53 of the circumstances which constitute the N. Y. 164; 9 Cush. 279; 14 Rich. L. 281; grounds for an accusation against a person though it seems to be settled that a law re-arrested on a criminal charge, with a view to quiring a less degree of evidence cannot be applied to a previous offence. But changes in the forms, in the manner of passing sentence, or the qualifications of jurors, do not discharging the person so arrested, or to securing his appearance for trial by the proper court, and to preserving the evidence relating to the matter. EXAMINATION Practically, it is accomplished by bringing the person accused, together with witnesses, before a magistrate (generally a justice of the peace), who thereupon takes down in writing the evidence of the witnesses, and any statements which the prisoner may see fit to make. If no cause for detention appears, the party is discharged from arrest. If sufficient cause of suspicion appears to warrant putting him on trial, he is committed, or required to give bail or enter into a recognizance to appear at the proper time for trial. The witnesses are also frequently required to recognize for their appearance; though in ordinary cases only their own recognizance is required. The magistrate signs or certifies the minutes of the evidence which he has taken, and it is delivered to the court before whom the trial is to be had. The object of an examination is to enable the judge and jury to see whether the witnesses are consistent, and to ascertain whether the offence is bailable. 2 Leach, 552. And see 4 Sharsw. Bla. Com. 296. At common law, the prisoner could not be interrogated by the magistrate; but under the statutes 1 & 2 Phil. & M. c. 13, 2 & 3 Phil. & M. c. 10, the provisions of which have been substantially adopted in most of the United States, the magistrate is to examine the prisoner as well as the witnesses. 1 Greenl. Ev. § 224; 4 Bla. Com. 296; Rosc. Cr. Ev. 44; Ry. & M. 432. The examination should be taken and completed as soon as the nature of the case will admit; Cro. Eliz. 829; 1 Hale, Pl. Cr. 585; 2 id. 120. The prisoner must not be put upon oath, but the witnesses must; 1 Phill. Ev. 106. The prisoner has no right to the assistance of an attorney; but the privilege is granted at the discretion of the magistrate; 2 Dowl. & R. 86; 1 B. & C. 37. The magistrate's return and certificate are conclusive evidence, and exclude parol evidence of what the prisoner said on that occasion with reference to the charge; 2 C. & K. 223; 5 C. & P. 162; 8 id. 605; 1 Mood. & M. 403; 1 Hayw. 112. See CONFESSION; RECOGNIZANCE; Stat. 7 Geo. IV. c. 64; 11 & 12 Vict. c. 42; and the statutes of the various states. In Practice. The interrogation of a witness, in order to ascertain his knowledge as to the facts in dispute between parties. The examination in chief is that made by the party calling the witness; the cross-examination is that made by the other party; an examination de bene esse is one made out of court before trial, as a matter of precaution. See DE BENE ESSE. 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. See CROSS-EXAMINATION; LEADING QUESTIONS. The interrogation of a person who is desirous of performing some act, or availing himself of some privilege of the law, in order to ascertain if all the requirements of the law have been complied with, conducted by and before an officer having authority for the pur pose. There are many acts which can be of validity and binding force only upon an examination. Thus, in many states, a married woman must be privately examined as to whether she has given her consent freely and without restraint to a deed which she appears to have executed; see ACKNOWLEDGMENT; an insolvent who wishes to take the benefit of the insolvent laws, one who is about to become bound for another in legal proceedings, a bankrupt, etc., muɛt submit to an examination; though the examination of a bankrupt is rather in the nature of a criminal proceeding. See INSOLVENCY; JUSTIFICATION; BAIL. EXAMINED COPY. A phrase 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. dence, because of the public inconvenience Such examined copy is admitted in eviwhich 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 in 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 Mood. & R. 189. See COPY. EXAMINERS. Persons appointed to question students of law in order to ascertain their qualifications before they are admitted to practice. Of EXAMINERS IN CHANCERY. ficers who examine, upon oath, witnesses produced on either side upon such interrogatories as the parties to any suit exhibit for that purpose. Cowel. The examiner is to administer an oath to the party, and then repeat the interrogatories, one at a time, writing down the answer himself; 2 Dan. Ch. Pr. 1062. Anciently, the examiner was one of the judges of the court: hence an examination before the examiner is said to be an examination in court; 1 Dan. Ch. Pr. 1053. EXANNUAL ROLL. A roll containing the illeviable fines and desperate debts, which was read yearly to the sheriff (in the ancient way of delivering the sheriff's accounts), to see what might be gotten. Hale, Sheriff's, 67; Cowel. EXCAMB. In Scotch Law. To exchange. are evidently derived from the Latin excamExcambion, exchange. The words bium. Bell, Dict. See EXCHANGE. EXCAMBIATOR. An exchanger of lands; a broker. Obsolete. EXCAMBIUM (Lat). In English Law. Exchange; a recompense. 1 Reeve, Hist. Eng. Law, 442. EXCEPTION (Lat. excipere: ex, out of, capere, to take). In Contracts. A clause in a deed by which the lessor excepts something out of that which he granted before by the deed. |