Page:Black's Law Dictionary (Second Edition).djvu/472

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EXHERES

l'rom the entire inheritance, by the testator's express declaration in the will that such person shall be ewhczree. Mackeid. Rom. Law, § TIL

EXHERES. In the civil law. One disinherited. Yicat; Du Cange.

EXHEREDATE. In Scotch law. To disinherit; to exciude.irom an inheritance.

EXHIBI-IRE. To present a thing corpore.\ll_r, so that it may be handled. Vicar. To appear il(.'1'S0lluii_V to conduct the defense of an action at law.

EXHIBIT, 1;. To show or dispiay; to olier or present for inspection. To produce an_\ lhing in public, so that it may be taken into possession. Dig. 10, 4, 2.

To present; to otter publicly or oliiclally; to tile of record. Thus we speak of ea.-Iu‘b«ting a charge of treason. e:rln‘b-wing a biil against an officer of the king's beach by way of proceeding against him in that court. in re liiltse, 5 Misc. Rep. 105, 25 N. Y. Supp. 73' 1\'ewell v. State, 2 Conn. 40; Comm. v. Aisop, 1 Breust. (l‘a.) 345.

To administer; to cause to be taken; as medicines.

EXHIBIT, n. A paper or document pro- duced and exhibited to a court during a trial or hearing, or to a commissioner taking depositions, or to auditors, arbitrators, etc., as a voucher, or in proof of facts, or as otherwise connected with the subject-matter, and which, on being accepted, is marked for identification and annexed to the deposition. report, or other principal document, or flied of record, or otherwise made a part of the case.

A paper referred to in and flied with the bill, answer, or petition in a suit in equity, or with a deposition. Brown v. Redwyne, 16 Ga. 68.

A complainant in arti- 12 A1101. & E-. 599.

EXHIBITANT. cles of the peace.

EXHIBITIO BILLE. Lat. Exhibition ot a bill. in old l<‘.n-glnsh practice, actions nere instituted by presenting or exhibiting a biil to the court. in cases where tile proceedings were by bill; hence this phrase is equivaient to “commencement of the suit."

EXHIBITION. In Scotch law. An actinn for compelling the production 01! writinns.

In ecclesiastical law. An aliowance for meat and drink, usually made by religious npprupriatnrs of churches to the vicar. Al- so the benefaction settled for the maintaining of scholars in the universities, not depending on the tonndation. Paroch. Antlq. 304.

464 EXIST

EXHUMATION. Disinterment; the re moval from the earth of anything previous ly buried therein, particniariy a human corpse.

EXIGENCE, or EXIGENCY. Demand, want, need, tmperatireness. —Exigency of a. bond. That which the bond demands or exacts. 6. 5., the act, performance, or event upon which it is cundiliuncd.—E3z5»';en- oy of a writ. The command or imperative- ness of a writ; the dircciing part of a writ: the act or performance which it commands.

EXIGENDARY. In English law. All oiiicer who makes ont exigcnts.

EXIGENT, or EXIGI FACIAS. L. Lat. In English practice. A judicnai writ made use of in the process of outlawry, command- i_ug the sheriff to demand the defendant, (or cause him to be demamled, emf!)-i fa- ciat,) tram county court to county court. until he be outiml ed; or, it he appear, then to take and have him before the court on a day certain in term, to answer to the plaintitfs action. 1 Tirld, Pr. 132; 3 Bl. Comm. 283, 294; Archh. N. Dr. 485. Now regulated by St. 2 Wm IV. c. 39.

EXIGENTER. An officer of the English court of common pieas, whose duty it was to make out the ea-igcnts and prociama tions in the process 01! outiawry. Cowell Aboiished by St. 7 Wm. IV, and 1 Viet. c. 30. Holthouse.

I-JXIGI PACIAS. That you cause to he demanded. The emphatic words of the Latin t'orm of the writ of e:rlgcn,t. They are sometimes used as the name of that writ.

EXIGIBLE. Demandahie; requirabie.

EXILE. Banishment ; ished.

the person ban-

EXILIUM. Lat. In old English law. (1) Exiie: banishment from one's country. (2) Driving away; despoiiing. The name of a species of waste, which consisted in driv- lug away tenants or vassals from the estate; as by demolishing buildings, and so compelling the tenants to ieave, or by eufranchising the bond-servants, and uniawtuily turning them out ct their tenements. Fieta. 1. 1, c. 9.

Exilium est patrim privntio, natalis soli mutatio, legum nativai-um amissio. 7 Coke, 20. Exiie is a privation of country a change of natal soil, a ioss of native laws.

EXIST. To live; to have lite or anima tion; to be in present force, activity, or ef feet at a given time; as in Spe:\kin,?, 01! "ex- isting" contracts, creditors, debts. inws, rights or iiens. Merritt v. Grover, 57 Iowa, 4513. 10 N. ‘V. 879: \\ hitaker v. Rice, 9 l\I1n.n. L3

(Gii. 1), 86 Am. Dec. 78; Wing v. Siaier, 19