Exception in United States

Exception Definition

(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. The exclusion of something from the effect or operation of the deed or contract which would otherwise be included. An exception differs from a reservation, the former being always of part of the thing granted, the latter of a thing not in esse, but newly created or reserved; the exception is of the whole of the part excepted; the reservation may be of a right or interest in the particular part affected by the reservation. See 5 R. I. 419; 41 Me. 177; 42 Me. 9; 42 Minn. 401; 142 N. Y. 561; 131 111. 490. An exception differs, also, from an explanation, which, by the use of a videlieet, proviso, etc., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals into particulars. 3 Pick. (Mass.) 272. It differs also from a proviso, in that an exception is absolute, while a proviso is conditional. 53 Barb, (N. Y.) 522. To make a valid exception, these things must concur: First, the exception must be by apt words, as, “saving and excepting,” etc. See 30 Vt. 242; 5 R. I. 419; 41 Me. 177. Second, it must be of part of the thing previously described, and not of some other thing. Third, it must be of part of the thing only, and not of all, the greater part, or the effect of the thing granted. 11 Md. 339; 23 Vt. 395; 10 Mo. 426. An exception, therefore, in a lease which extends to the whole thing demised is void. Fourth, it must be of such thing as is severable from the demised premises, and not of an inseparable incident. 33 Pa. St. 251. Fifth, it must be of such a thing as he that excepts may have, and which properly belongs to him. Sixth, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing. Seventh, 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. & Ten. 10; Co. Litt. 47a; 12 Me. 337; Wright (Ohio) 711; 3 Johns. (N. Y.) 375; 5 N. Y, 33; 8 Conn. 369; 6 Pick. (Mass.) 499; 6 N. H. 421; 4 Strobh. (S. C.) 208; 2 Tayl. (N. C.) 173. Exceptions against common right and general rules are construed as strictly as possible. 1 Bart. Conv. 68; 5 Jones (N. C.) 63. In Equity Practice. The allegation of a party, in writing, that some pleading or proceeding in a cause is insufficient. In Civil Law. A plea. Merlin, Repert. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions are those which tend to the dismissal of the action. In Practice. The word “exceptions” has been given divers meanings in different jurisdictions. The most common is an objection formerly taken to a ruling made at the trial. “Exception” is sometimes used for “bill of exceptions.” In Texas, an exception is a demurrer to a pleading; the term as so used being probably a relic of the civil law. See 85 Tex. 575.

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(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. The exclusion of something from the effect or operation of the deed or contract which would otherwise be included. An exception differs from a reservation, the former being always of part of the thing granted, the latter of a thing not in esse, but newly created or reserved; the exception is of the whole of the part excepted; the reservation may be of a right or interest in the particular part affected by the reservation. See 5 R. I. 419; 41 Me. 177; 42 Me. 9; 42 Minn. 401; 142 N. Y. 561; 131 111. 490. An exception differs, also, from an explanation, which, by the use of a videlieet, proviso, etc., is allowed only to explain doubtful clauses precedent, or to separate and distribute generals into particulars. 3 Pick. (Mass.) 272. It differs also from a proviso, in that a
n exception is absolute, while a proviso is conditional. 53 Barb, (N. Y.) 522. To make a valid exception, these things must concur: First, the exception must be by apt words, as, “saving and excepting,” etc. See 30 Vt. 242; 5 R. I. 419; 41 Me. 177. Second, it must be of part of the thing previously described, and not of some other thing. Third, it must be of part of the thing only, and not of all, the greater part, or the effect of the thing granted. 11 Md. 339; 23 Vt. 395; 10 Mo. 426. An exception, therefore, in a lease which extends to the whole thing demised is void. Fourth, it must be of such thing as is severable from the demised premises, and not of an inseparable incident. 33 Pa. St. 251. Fifth, it must be of such a thing as he that excepts may have, and which properly belongs to him. Sixth, it must be of a particular thing out of a general, and not of a particular thing out of a particular thing. Seventh, 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. & Ten. 10; Co. Litt. 47a; 12 Me. 337; Wright (Ohio) 711; 3 Johns. (N. Y.) 375; 5 N. Y, 33; 8 Conn. 369; 6 Pick. (Mass.) 499; 6 N. H. 421; 4 Strobh. (S. C.) 208; 2 Tayl. (N. C.) 173. Exceptions against common right and general rules are construed as strictly as possible. 1 Bart. Conv. 68; 5 Jones (N. C.) 63. In Equity Practice. The allegation of a party, in writing, that some pleading or proceeding in a cause is insufficient. In Civil Law. A plea. Merlin, Repert. Declinatory exceptions are such dilatory exceptions as merely decline the jurisdiction of the judge before whom the action is brought. Code Proc. La. 334. Dilatory exceptions are such as do not tend to defeat the action, but only to retard its progress. Peremptory exceptions are those which tend to the dismissal of the action. In Practice. The word “exceptions” has been given divers meanings in different jurisdictions. The most common is an objection formerly taken to a ruling made at the trial. “Exception” is sometimes used for “bill of exceptions.” In Texas, an exception is a demurrer to a pleading; the term as so used being probably a relic of the civil law. See 85 Tex. 575.

This definition of Exception is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Exception Background