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King, such offender shall forfeit his office. 2. The mechanical action of bodies upBy several statutes, no process can be on each other produce electrical effects. sued out against any officer of excise, If two metals or other conductors be for any act done in the execution of his brought into contact, and separzieti

, or office, liniil one month after notice given, if they be pressed or rubbed together, specifying the cause of action, and the electric signs are procluced ; and the same name and abode of the person who is to

consequences follow, if one or both the begin, and the attorney who is to conduct, bodies be non-conductors : but the elec. the action : and within one month after tricity is more manifest where the non. such notice, the officer may tender conducting property prevails. When nonamends, and plead such tender in bar; conductors are broken or torn asunder, and having tendered insufficient or no the surfaces which were before in contact amends, be may, with leave of the are found to be in opposite electric states; court, before issue joined, pay money into and this difference is so considerable in court.

Muscovy talc, that bright sparks pass beOfficers of excise are empowered to tween them. From these facts, there is search at all times of the day, enter ware. ground to suspect, that the opposite elechouses, or places for tea, coffee, &c. But tric states prevail amongst the parts of private houses can only be searched upon bodies, and may perhaps be in some manoath of the suspicion before a commis. ner concerned in the general attraction sioner or justice of peace, who can by they exert upon each other. their warrant authorise a search. The of 3. The electricity in our common ma. fice of excise has also several excellent chines is produced by the friction of a regulations for procuring the due atten conducting body against a non-conductor. tion and good conduct of their officers. See Machine, electric.

EXCITATION of electricity. When a The non-conductor may be a tube, a non-conductor of electricity is brought globe, a cylinder, or a plate of glass, and into an electrified state by any other the conducting rubber is usually a cu. means than that of direct communication shion, upon which a mixture of the amal. with some other electrified body, it is said gam of zinc with a little tallow has been to be excited ; and this term is also ap smeared. It is found to be a condition, plied to denote the like production of an that atmospheric air should be present; electric state, even in bodies which con

and if the electricity be taken off from duct. The processes by which excita. the surface of the cylinder while it retion is performed are very imperfectly un. volves, the cushion will not restore or derstood. It is probable that they will supply the electric state, unless it be ad. all be hereafter found to consist in the mitted to communicate with the earth. same act; and that this will principally so that, if an insulated conductor be be governed by changes in the combi placed near the cylinder, it will receive nation, and perhaps the temperature of electricity for a time, though the rubber bodies.

be also insulated ; but the rubber itself, 1. The electric state is produced in va after assuming the negative state, will rious bodies by heating or cooling, parti soon cease to give any more electricity to cularly in the tourmalin. Sulphur, cho. the cylinder, than the little it may obtain colate, and various other substances, be from the imperfect nature of its insula. come electrified upon congealing or be. tion. But if a communicating branch coming solid after fusion ; and it is proba from the positive conductor be brought ble that this phænomenon would be found within a short distance of the negative to be universal, if proper means were cushion, the positive sparks will fly adopted for ascertaining the electric states. through the interval, and supply the cu. Calomel, when it fixes by sublimation shion; and in this manner the circulation against the upper surface of a glass ves of electricity may, as far as yet has been sel, frequently breaks through by an elec- determined by experiment, be kept up tric explosion. The glacial phosphoric for an unlimited time. It seems, there. acid was observed hy Chaptal to emit fore, as if a chemical process requiring strong electric sparks, while conge aling atmospheric air, and therefore of the naWater and other fluids become electric ture of combustion, were carried on at by evaporation. And the chemical changes the face of the cushion, and that a pecuof bodies have been shewn, in numerous liar substance, on which the electric state galvanic experiments, to be attended with depends, becomes deposited or disposed corresponding changes of electricity. See in a different manner from that which it GALVANISM.

possessed before ; and that the relative


motion of the non-conducting body car. end of the silk, where it becomes uncomried it off to a situation where it tends to pensated electricity upon the naked surits former state, and consequently advan. face, at an intensity which could not ces m a current towards such parts as al. otherwise have been produced. low of the restoration of that state. It It has not been determined yet what seems reasonable to conclude, that the are the conditions and circumstances of disturbances of the electric state or equi- the change which takes place by the aclibrium, and the currents by which they tion of the air at the face of the rubber, are restored, are in most natural opera nor why the surface of the glass should tions performed through very short and become positive when rubbed with one good conductors; so that, though in all kind of rubber, as for example the human probability they may contribute to very hand; and negative, if rubbed with anoimportant results, the immediate changes ther kind, such as cat-skin, or Aannel ; elude our observation, except in a few nor why glass, deprived of its polish, beinstances, such as that of lightning and comes negative with rubbers, which luminous meteors. And it seems from would have rendered smooth glass posithe facts to be nearly decided, that we tive. The most rational conjecture seems shonld never have had it in our power to to be, that the surface which is most exhibit the phænomenon of the electric heated in consequence of its roughness, spark, which is electricity producing ig. or the relative smallness of its dimennition by breaking through a non.con sions, acquires the negative state. ductor, if we had not fortuitously experi There is a certain velocity of rotation, mented in circumstances, where the elec- which is about five feet per second, at tricity is first made to take the form of a which the excitation of electricity by a charge, and afterwards brought into a cylinder nearly vanishes; but it returns state of considerable intensity, by sepa. again the moment the velocity is dimirating those bodies from each other, nished. Some, who maintain the exis. which produced the compensation by ience of a material cause of heat, or their opposite states. Thus in the elec- caloric, are disposed to consider electritrical machine, (see Nicholson, in the city as one of the states of caloric, in Philos. Trans. 1789,) little or no electric which the matter of heat can pass through signs are produced by a cylinder rubbed bodies without raising their temperaby a very fat amalgamed leather, termi ture, and with much greater velocity nating in a neat line of contact. But this than that by which temperature is comrubber and cylinder will, without any al. municated. teration, afford electricity, if a flist piece From the imperfect knowledge we pos. of metal, or the hand, or any other flat sess respecting excitation, it is very difficonductor, be held over that part of the cult for the most experienced electrici. cylinder which is in the act of receding ans to excite a cylinder with certainty and from the cushion, even though this con power. If the cylinder be greased all ductor be held at the distance of an inch over with tallow, and then turned for or more, without touching either the some time in contact with the cushion, cylinder or its rubber. It is proved from the silk Aap being thrown back, and an experiment, that the conducting body amalgamed leather be applied and rubbed thus presented acquires the opposite about upon the surface of the cylinder in state, and enables the cylinder to carry motion, electric sparks are soon produced off a greater quantity of electricity in the in abundance ; and if the silk be then form of a charge, the interposed air being thrown again into contact with the cylinthe electric.

der, the excitation will, in general, be When the cushion is thick and round. strong; but it is seldom so strong at the ed, as is the case with the human hand, first time of exciting, as it proves to be which was first used for this purpose, the after the expiration of a day or more. It rounded part opposite the receding sur. seems as if the amalgam and tallow reface of the cylinder, performs the office quired a considerable time of working of compensation ; and the best applica- to be brought into the best state for extion, which has yet been made for this citation. purpose, is that of a fap of silk proceed. order to judge of the degree of ining from beneath the cushion, which as tensity of an excited cylinder, we must sumes the negative state, so as to com have recourse to some standard of the pensate the positive state on the cylinder, quantity of effect produced by the fricin a very considerable charge, which is tion of a given surface. It has not heen conveyed by the rotation to the further shewn that much, if any thing, depends

on the thickness of the glass, though them all. It is the voice of nature, when some kinds of glass are more excitable she is in concern and transport. than others, and some not at all so. If a EXCLUSION, or Bill of Exclusion, a coated electric jar be taken of about one. bill proposed about the close of the reign twentieth of an inch in thickness, (see of King Charles II. for excluding the Kar, electric,), a cylinder or plate mode. Duke of York, the king's brother, from rately excited, will require fifty or sixty the throne, on account of his being a square feet to pass the cushion, in order papist, to charge one foot of the coated glass, so Exclusion, in mathematics, is a me. as to explode over a rim of three inches, thod of coming at the solution of numeriwhich is as much as can be admitted with cal problems, by previously throwing out out danger of the explosion breaking of our consideration such numbers as are through the jar. If the excitation be of no use in solving the question. stronger, the charge may be made by EXCLUSIVE is sometimes used adjecthe friction of thirty feet to one of the tively, thus: “ A patent carries with it an jar; and the strongest excitation the edis exclusive privilege;" and sometimes adtor has ever known has been by the fric- verbially, as, “ He sent him all the numtion of fourteen square feet of a cylinder bers from No 145 to N° 247 exclusive ;" to charge one foot of glass. But as that is, all between these two numbers, the labour increases by adhesion of the which themselves were excepted. cushion, the stronger the excitation, it EXCLUSIVE propositions, in logic, are seems as if the strength of a man would those where the predicate so agrees with be more profitably employed in turning its subject, as to exclude every other. two or more plates, or cylinders, at the Thus, "Virtue alone constitutes nobility," intensity of thirty feet, than at any higher is an exclusive proposition. intensity: besides which, this power is EXCOECARIA, in botany, a genus of less variable, and may last five or six the Dioecia Triandria class and order. hours without requiring fresh amal Natural order of Tricoccæ. Euphorbiæ, gam.

Jussieu. Essential character: ament naThe vulgar notion of electricity is, that ked; calyx and corolla, none; styles it is fire which passes in a spark from one three; capsule, tricoccous. There are body to another. From its passage through two species ; vis. E. agallocha and E. dense conductors, as well as through the Cochin Chinensis. air, it seems to move with extreme ve EXCOMMUNICATION, in law, is of locity : and this may be sufficient, with two kinds, the less and the greater, out supposing it to be essentially lumi- which last is the highest ecclesiastical nous, to account for the ignited appear censure which can be pronounced ; for ance it affords, in all non-conductors, whe. thereby the party is excluded from the ther air, or oil, or glass, or wood, &c. and body of the church, and disabled from even in metal, when the conductor is bringing, any action in the common law small. If oxygen be present, these bo. courts; he is also disabled to serve on dies will have their combustible parts juries, or to be a witness in any cause; burned; and if not, a decomposition he cannot be attorney or procurator for of those parts which are ignited may another; he is to be turned out of the

church by the church wardens, and not EXCLAMATION, in rhetoric, a figure to be allowed christian burial. He may that expresses the violent and sudden also, in some cases, be imprisoned until breaking out and vehemence of any pas. he submits to the ecclesiastical jurisdicsion. Such is that in the second book tion, as in case of refusing to answer to of Milton's “ Paradise Lost:”

a suit for tithes.

EXCORIATION, in medicine and sur“O unexpected stroke, worse than of gery, the galling or rubbing off of the death!

cuticle. To remedy this, the parts af. Must I thus leave thee, Paradise ? Thus fected may be washed often with warm leave

water, and sprinkled with drying pow. Thee, native soil; these happy walks ders, as chalk, hartshorn, but especi. and shades,

ally tutty, lapis calaminaris, and ceruse, Fit haunt of gods !"

which may be tied loosely in a rag, and the

powdershook out on the disordered places. Other figures are the language of some EXCREMENT. See FECES. particular passion, but this expresses EXCRESCENCE, in surgery, denotes


every preternatural tumour which arises point an executor, will be deemed a suffiupon the skin, either in the form of a wart cient appointment. or tubercle.

Any person capable of making a will EXCRETION, or SECRETION, in me is also capable of being an executor : but dicine, a separation of some fluid, mixed in some cases, persons who are incapawith the blood by means of the glands. ble of making a will, may nevertheless See SECRETION.

act as executors, as infants, or married EXCRETORY, in anatomy, a term ap women; to obviate, however, inconve. plied to certain little ducts or vessels, des. niences which have occurred respecting tined for the reception of a fluid, secreted the former, it is enacted by stat. 38 Geo. in certain glandules, and other viscera, III. C 89, that where an infant is sole for the excretion of it in the appropriated executor, administration, with the will places.

annexed, shall be granted to the guardian EXECUTION, in law, is a judicial of such infant, or such other person as writ, grounded on the judgment of the the spiritual court shall think fit, until court whence it issues ; and is supposed such infant shall have attained the age to be granted by the court, at the request of 21; when, and not before, probate of of the

party at whose suit it is issued, to the will shall be granted him. An exegive him satisfaction on the judgment cutor derives his authority from the will, which he hath obtained : and therefore and not from the probate, and is therean execution cannot be sue out in one fore authorised to do many acts in execourt, upon a judgment obtained in ano cution of the will, even before it is proved; ther. These are of different sorts, accord such as releasing, paying, or receiving of ing to the nature of the action : in actions debts, assenting to licences, &c.; but he where money is recovered, as a debt or cannot proceed at law until he have obdamages, they are of five sorts ; 1, against tained probate. If an executor die bethe body of the defendant; 2, or against fore probate, administration must be taken his goods or chattels; 3 against his goods out with the will annexed; but if an exeand the profits of his lands ; 4, against the outor die, his executor will be executor goods and the possession of his lands; to the first testator, and no fresh probate 5, against all three, his body, lands, and will be needed : it will be sufficient if one goods.

only of the executors prove the will; but ESECUTION of criminals, must be ac if all refuse to prove, they cannot aftercording to the judgment; and the King wards administer, or in any respect act cannot alter a judgment from hanging to as executors. If an executor become a beheading, because no execution can be bankrupt, the court of Chancery will apwarranted, unless it be pursuant to the point a receiver of the testator's effects, judgment.

as it will also upon the application of a This being the completion of human creditor, if he appear to be wasting the punishment, in all cases, as well capital assets. If an executor once administer, as otherwise, must be performed by the

he cannot afterwards renounce. legal officer, the sheriff or his deputy. executor refuse to take upon him the Murderers are to be executed the day execution of the will, he shall lose his next but one after conviction, unless it be legacy under it. If a creditor constitute Sunday, and anatomized; for which rea. his debtor his executor, this is at law a son they are generally tried on a Friday. discharge of the debt, whether the exe

EXECUTION, in music, a term applica cutor act or not; provided, however, there ble to every species of musical perfor. be assets sufficient to discharge the debts mance; but more particularly used to of the testator: in equity, however, there express a facility of voice or finger in are some exceptions to this rule The running rapid divisions, and other diffi first duty of an executor or administrator cult and intricate passages: it includes, is, to bury the deceased in a suitable in a general sense, taste, feeling, grace, manner; and if the executor exceed what and expression.

is necessary in this respect, it will be a EXECUTOR, in law, is a person ap

waste of the substance of the testator. pointed by the testator to carry into exe. The next thing to be done by the execution his will and testament after his dutor is, to prove the will, which may be decease. The regular mode of appoint- done either in the common form, by taking an executor is, by naming him ex ing the oath to make due distribution, pressly in the will; but any words indi. &c.; or in a more solemn mode, by witcating an intention of the testator to ap nesses to its execution. By stat. 37 Geo.

If an


III. c. 9, s. 10, erery person who shall ad. An executor, or administrator, is bound minister the personal estate of any per. only by such covenants in a lease son dying, without proving the will of said to run with the land. The executor, the deceased, or taking out letters of ad or administrator, previous to the distri

. ministration within six calendar months bution of the property of the deceased, after such person's decease, shall forfeit must take an inventory of all his goods 501

and chattels, which must, if required, be , If all the goods of the deceased lie delivered to the ordinary upon oath. le within the same jurisdiction, the probate must then collect, with all possible conis to be made before the ordinary or venience, all the goods and effects conbishop of the diocese, where the deceased tained in such an inventory; and what. resided; but if he had goods and chattels ever is so recovered that is of a saleable to the value of 51. in two distinct dioceses nature, and can be converted into money, or jurisdictions, the will must be proved is termed assets, and makes him respon. before the metropolitan or archbishop of sible to such amount to the creditors, le. the province in which the deceased died. gatees, and kindred of the deceased. An executor, by virtue of the will of the The executor, or administrator, having testator, has an interest in all the goods collected in the property, is to proceed to and chattels, whether real or personal, in discharge the debts of the deceased, possession or in action of the deceased; which he must do according to the fol. and all goods and effects coming to his lowing priorities, otherwise he will be hands will be the assets to make him personally responsible. 1. Funeral ex. chargeable to creditors and legatees. An penses, charges of proving the will, and executor or administrator stands person. other expenditures incurred by the exeally responsible for the due discharge of cution of his trust. 2. Debts due to the his duty ; if, therefore, the property of King on record, or by specialty. 3. the deceased be lost, or through his wil Debts due by particular statutes, as by ful negligence become otherwise irreco 30 Geo, II, c. 23; forfeitures for not buverable, he will be liable to make it good; rying in woollen, money due for poorand also where be retains money in his rates, and money due to the post-office. hands longer than is necessary, he will 4. Debts of record, as judgments, statutes, be chargeable not only with the interest, recognizances, and those recognized by but costs, if any have been incurred, a decree of a court of equity, and debts

But one executor shall not be answer. due on mortgage. 5. Debts on special able for money received, or detriment contract, as bonds or other instruments occasioned by the other, unless it has been under seal; and also rent in arrear. 6. by some act done between them jointly. Debts on simple contract, viz. such as An executor or administrator has the debts arising by mere verbal promise, or same remedy for recovering debıs and by writing not under seal, as notes of duties, as the deceased would have had if band, servants' wages, &c. living. Neither an executor nor admin The executor is bound at his peril to istrator can maintain any action for a per. take notice of debts on record, but not of sonal injury done to the deceased, when other special contracts, unless he receives such injury is of such a nature for which notice. if no suit be actually commencdamages may be received ; in actions, ed against an executor or administrator, however, which have their origin in he may pay one creditor in equal degree breach of promise, although the suit may the whole debt, though there should be abate by the death of the party, yet it may insufficient remaining to pay the rest : be revived either by his executors or ad. and even after the commencement of a ministrators, who may also sue for rent suit, he may, by confessing judgment to in arrear, and due to the deceased in his other creditors of the same degree, give life-time. By the custom of merchants, them a preference. Executors and ad. an executor or administrator may indorse ministrators are also allowed, amongst over a bill of exchange, or promissory debts of equal degree, to pay themselves note. An executor or administrator may first; but they are not allowed to retain also, on the death of a lessee for years, their own debt to the prejudice of others assign over the lease, and shall not be in a higher degree ; neither shall they be answerable for rent after such assign. permitted to retain their own debts, in ment, nor shall he be liable for rent due preference to that of their co-executor, after the lessee's death, from premises or co-administrator, of equal degree, but which in his life-time he had assigned to both shall be charged in equal proporanother.

tion. A mortgage made by the testator

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