EXECUTORY PROCESS, via executoria. In Louisiana, this is a process which can be resorted to only in two. cases, namely: 1. When the creditor1's right arises-from an act importing a confession2 of judgment3, and which contains a privilege or mortgage in his favor. 2. When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction4 the execution is sought. Code of Practice, art. 732.
EXECUTORY TRUST. A trust is said to be executory where some further act is requisite5 to be done by the author of the trust himself or by the trustees, to give it its full, effect; as, in the case of marriage articles; or, as in the case of a will, where, property is vested in trustees in trust to settle or convey.; for, it is apparent in both of these cases, a further act, namely, a settlement or a conveyance6, is contemplated7.
2. The difference between an executed and an executory trust, is this, that courts of equity8 in cases of executed trusts will construe9 the limitations in the same manner as similar legal limit-ations. White's L. C. in Eq. 18. But, in cases of executory trusts, a court of equity is not, as in the case of executed trusts, bound to construe technical expressions with legal strictness, but will mould the trusts according to the intent of the creator of such trusts White's L. C. Eq. 18.
3. When a voluntary trust is executory, and not executed, if it could not be enforced at law, because it is a defective10 conveyance, it is not helped in equity, in favor of a volunteer. 4 John. Ch. 498, 500; 4 Paige, 305; 1 Dev. Eq. R. 93.
4. But where the trust, though voluntary, has been executed in part, it will be sustained or enforced, in equity. 1 John. Ch. R. 329; 7 Penn. St. R. 175, 178; White's L. C. in Eq. *176; 18 Ves. 140; 1 Keen's R. 551; 6 Ves. 656; 3 Beav. 238.
EXECUTRIX, A woman who has been appointed by. will to execute such will or testament11. See Executor.
EXEMPLIFICATION, evidence. A perfect copy of a record, or office book lawfull kept, so far as relates to the matter in question. 3 Bouv. Inst. n. 3107. Vide, generally, 1 Stark12. Ev. 151; 1 Phil. Ev. 307; 7 Cranch, 481; 3 Wheat. 234; 10 Wheat. 469; 9 Cranch, 122; 2 Yeates, 532; 1 Hayw. 359; 1 John. Cas. 238. As to the mode of authenticating13 records of other states, see articles Authentication14, and Evidence.
EXEMPTION16. A privilege which dispenses17 with the general rule; for example, in Pennsylvania, and perhaps in all the other staies, clergymen are exempt15 from serving on juries. Exemptions18 are generally allowed, not for the benefit of the individual, but for some public advantage.
EXEMPTS19. Persons who are not bound by law, but excused from the performance of duties imposed upon others.
2. By the Act of Congress of May 8, 1792, 1 Story, L. U. S. 252, it is provided, §2. That the vice-president of the United States the officers, judicial20 and executive, of the government of the United States; the members of both houses of congress, and their respective officers; all custom-house officers, with their clerks; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States; all ferrymen employed at any ferry on the post road; all inspectors21 of exports; all pilots; all mariners22, actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted23 by the laws of the respective states, Shall be, and are hereby, exempted from militia24 duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years.
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