different between excussion vs excuss

English

Etymology

Latin excussus, past participle of excutere (“to shake off”).

Noun

excussion (countable and uncountable, plural excussions)

1. The process or proceedings whereby a creditor must proceed against a principal debtor before proceeding against a surety or subsidiary debtor.

   There has been excussion against the principal debtor, who has no assets. The creditor is therefore proceeding against the surety.

Related terms

• beneficium excussionis
• excuss
• division

Translations

English

Etymology

Borrowed from Latin excussus, past participle of excutere (“to shake off”).

Verb

excuss (third-person singular simple present excusses, present participle excussing, simple past and past participle excussed)

1. (obsolete) To shake off.
2. (obsolete, transitive) To examine (a document).
3. (obsolete, transitive) To decipher.
4. (transitive, law) To seize and detain by law.
5. (law) To proceed against a principal debtor where there are either joint debtors or debtors and sureties.

   The surety claimed relief in terms of the beneficium excussionis, thus obliging the creditor to excuss against the principal debtor.

Related terms

• beneficium excussionis
• excussion

Translations

References

• excuss in The Century Dictionary, New York, N.Y.: The Century Co., 1911.
• excuss in Webster’s Revised Unabridged Dictionary, G. & C. Merriam, 1913.