EXCUSABLE HOMICIDE, crim. law. The killing¹ of a human being, when the party killing is not altogether free from blame, but the necessity which renders it excusable, may be said to be partly induce by his own act. 1 East, P. C. 220.

EXCUSE. A reason alleged² for the doing or not doing a thing. This word presents two ideas differing essentially³ from each other. In one case an excuse may be made in, order to own that the party accused is not guilty; in another, by showing that though guilty, he is less so, than he appears to be. Take, for example, the case of a sheriff who has an execution against an individual, and who in performance of his duty, arrests him; in an action by the defendant⁴ against the sheriff, the latter may prove the facts, and this shall be a sufficient excuse for him: this is an excuse of the first kind, or a complete justification⁵; the sheriff was guilty of no offence. But suppose, secondly⁶, that the sheriff has an execution against Paul, and by mistake, and without any malicious⁷ design, be arrests Peter instead of Paul; the fact of his having the execution against Paul and the mistake being made, will not justify⁸ the sheriff, but it will extenuate⁹ and excuse his conduct, and this will be an excuse of the second kind.

3. Persons are sometimes excused for the commission of acts, which ordinarily are crimes, either because they had no intention of doing wrong, or because they had no power of judging, and therefore had no criminal will (q. v.); or having power, of judging they had no choice, and were compelled by necessity. Among the first class may be placed infants under the age of discretion¹⁰, lunatics, and married women committing an offence in the presence of their hushands, not malum in se, as treason or murder; 1 Hale's P. C. 44, 45 or in offences relating to the domestic concern or management of the house, as the keeping of a bawdy¹¹ house. Hawk¹². b. 1, c. 1, s. 12. Among acts of the second kind may be classed, the beating or killing another in self-defence; the destruction of property in order to prevent a more serious calamity¹³, as the tearing down of a house on fire, to prevent its spreading to the neighboring property, and the like. See Dalloz, Dict. h. t.

EXEAT, eccl. law. This is a Latin term, which is used to express the written permission which a hishop gives to an ecclesiastic¹⁴ to exercise the functions of his ministry¹⁵ in another diocese.

TO EXECUTE. To make, to perform, to do, to follow out. This term is frequently used in the law; as, to execute a deed is to make a deed.

2. It also signifies to perform, as to execute a contract; hence some contracts are called executed contracts, and others are called executory contracts.

3. To execute also means to put to death by virtue¹⁶ of a lawful¹⁷ sentence; as, the sheriff executed the convict.