In ecclesiastical law. A writ issuing out of chancery, founded on a bishop's certificate that the defendant had been excommunicated, and requiring the sheriff to arrest and imprison him, returnable to the king's bench. 4 Bl. Comm. 415; Bac Abr. "Excommunication," E. … [Read more...]
EXCUSSIO
In the civil law. A diligent prosecution of a remedy against a debtor; the exhausting of a remedy against a principal debtor, before resorting to his sureties. Translated "discussion," (q. v.) In old English law. Rescue or rescous. Spelman. … [Read more...]
EXECUTIONE FACIENDA IN WITHERNAMIUM
A writ that lay for taking cattle of one who has conveyed the cattle of another out of the county, so that the sheriff cannot replevy them. Reg. Orig. 82. … [Read more...]
EXCOMMUNICATO DELIBERANDO
A writ to the sheriff for delivery of an excommunicated person out of prison, upon certificate from the ordinary of his conformity to the ecclesiastical jurisdiction. Fitzh. Nat Brev. 63. Excommunicato interdicitur omnii actus legitimus, ita quod agere non potest, neo aliquem eonvenire, licet ipse ab aliis possit conveniri. Co. Litt. 133. Every legal act is forbidden an … [Read more...]
EXEAT
A permission which a bishop grants to a priest to go out of his diocese; also leave to go out generally. No exeat. A writ which forbids the person to whom it is addressed to leave the country, the state, or the jurisdiction of the court; available in some cases to keep a defendant within the reach of the court's process, where the ends of justice would be frustrated if he … [Read more...]