( 577 ) general policy of the common law, or con- 184, O. To raise the water in a pond by trary to the provisions of any statute, are damming, so as to overflow another's land. void. Nelson, C. J. 2 Hill's (N. Y.) R. Bract. fol. 232. Fleta, lib. 4, c. 1, § 19. 434, 437. (578) plied a condition and also a warranty. Id. law,) to fulfil such promise, and was liable ibid. The proper word in old deeds of exto an action to enforce it; but as it was change. Perk. ch. 4, ss. 252, 253. See old form in West's Symboleog. part 1, lib. 2, sect. 513. Exchange of money. Molloy de Jur. Mar. 313. A recompense or equivalent in value. 1 Reeves' Hist. 442, 447. 3 Id. 14. See Escambium. ( 579 ) to the consideration of this kind of pleading. See Fleta, lib. 6, c. 36. It is obviously borrowed, with its leading divisions, from the Roman law, (supra,) but is considerably modified and enlarged in its application to English jurisprudence. Id. ibid. Steph. Plead. Appendix, Note (35). Exceptio was also used in the canon law, to denote the second pleading in an action. Corv. Jus. Canon. lib. iii. tit. 32. Exceptio ejus rei cujus petitur dissolutio nulla est. A plea of that matter, the dissolution of which is sought [by the action] is null, [or of no effect]. Jenk. Cent. 37, case 71. Exceptio nulla est versus actionem quæ exceptionem perimit. There is [can be] no plea against an action which destroys [the matter of] the plea. Jenk. Cent. 106, case 2. Exceptio quæ firmat legem, exponit legem. An exception which confirms the law, explains the law. 2 Bulstr. 189. (580) called also perpetua, (perpetual); one which rection given in his charge to the jury; and forever destroyed the subject matter or usually for the purpose either of moving ground of the action, (quæ semper rem de for a new trial, or of bringing a writ of erqua agitur perimit); such as the exceptio ror. Steph. Pl. 89. Steph. Pl. 89. 2 Tidd's Pr. 862. doli mali, the exceptio metûs, &c. Inst. 4. 1 Arch. Pr. 210. The exception is made 13. 9. See Dig. 44. 1. 3. And see Perorally, and a minute or note of it taken in emptory exception. writing on the trial; and it is afterwards formally entered and engrossed in the shape of a bill of exceptions. See Bill of exceptions. In the common law. plea; a plea in bar. 399 b. A peremptory Bract. fol. 240, Lat. (581) (582) modity, or frequently upon the retail sale, little degree of punishment. It is of two which is the last stage before the consump-kinds, homicide per infortunium, by misadtion. Story on the Const. § 953. Anventure; and homicide se defendendo, in drews, Rev. Laws, § 133. self-defence, upon a sudden affray. 4 Bl. Com. 182. 4 Steph. Com. 101. See Homicide.