Page:Black's Law Dictionary (Second Edition).djvu/473

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EXISTIMATIO

R. I. 597, 35 At]. 302, 33 L. R. A. 566; Law- rie v. State, 5 Ind. 526; Godwin v. Banks, 87 Md. 425, 40 ALL 263. A chiid conceived, but not born, is to be deemed an "existing person" so far as may be necessary for its Interests in the event of its subsequent birth. Rev. Codes N. D. 1899, E 2700; 1 Bl. Comm. 130.

EXISITMATIO. In the civil law. The oirii reputation which belongcd to the Roman citizen, as such. Mac-lteid. Rom. Law, § 135. Called a state or condition of unimpeached duuity or character, (rlimrilatis inlcrsw sta- iu.\-,-) the highest standing of a Roman citi- zen. Dig. 50, 13, 5. 1.

Also the decision or award of an arbiter.

EXIT. Lat. It goes forth. This word is used in docket eniries as a brief mention of the issue of process. Thus, "carit fl. fa." denotes that a \vrit of flora‘ facias has been issued in the particular case. The “exit of a writ” is the fact of its issuance.

EXIT WOUND. A term used in medical jurisprudence to denote the wound made by a weapon on the side where it emerges, after it has passed compietely through the body, or through any part of it

EXITUS. Children; offspring. The rents. issues, and profits of lands and tenements. An export dnty. The conclusion of the pleadings.

EXLEGALITAS . Outlawry. Spelmau.

In old English law.

EXLEGALITUS. He who is prosecnted so an outlaw. Jacob. EXLEGARIJ. In old Eugiish law. To

uutiaw; to deprive one of the benefit and protection of the law, (eamerc aliqucm beneficro legit.) Spelman.

EXLEX. in old English law. An outiaw; qua‘ as! extra legcm-, one who is out of the law's protection. Bract. fol. 125. Out bencflcio lagis pricatur. Spelman.

EXOINE. in French law An act or instrument i_n writing which contains the reasons why a party in a civil suit, or a person accused, who has been summoned, agree- ably to the requisitions of a decree, does not appear. Poth. Proc. Crim. 5 3. art. 3. The same as "Essoin," (q. 1:.)

EXONERATION. The removai of a burden, cbarge, or duty. Particularly, the act of relieving a person or estate from a char-::e or liability by casting the same upon another person or estate Louisvilie & N. R. Co. v. Comm., 114 Ky. 787, 71 S. W. 916; Bannon V. Barnes (0. C.) 39 Fed. 898.

A right or equity which exists between

Bl.Law Dict.(2d Ed.)—30

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EXPECT

those who are successively liable for the same debt. “A surety who discharges an obiigntion is entitied to iook to the principal for reimbursement, and to invoke the aid ot a court of equity for this purpose, and a subsequent surety a ho, by the terms of the contract, is responsible only in case of the default of the prrncipai and a prior surety. may claim mcancratiun at the hands of either. Bisp. Eq. 5 331.

In Scotch law. A discharge; or the act of being legally dishurdened of, or iiberated from, the performance of a duty or obligation. Bell.

EXONERATIOE SECTIE. A writ that lay for the cro\vn's ward to be free trom ail suit to the county court, hundred court, ieet, etc., during wardship. Frtzh. 1\'at. Brev. 158.

EXONERATIONE SECTJE AD CURI- AM BARON. A nrit of the same nature as that inst above described. issued by the guardian of the crowns vsard, and addressed to the sheriffs or stewards of the court. tor- bidding them to distrain him. etc., for not doing suit of court, etc. New Nat. Brev. 352. F

EXONERETUR. Lat._ Let him be 1'& lie\'ed or discharged. An entry made on a bail-piece, whereby the surety is reiieved or discharged from further obiigntiorr, when G the condition is fuifiiled by the surrender of the principal or otherwise

EXORDIUM. The beginning or intro- ductory part of a speech.

EXPATRIATION. The volnntury act of abandoning one's country, and becoming the citizen or subiect of another. Ludiarn v. Ludlam, 31 Barb. (N. Y.) 489. See Emanu- -rron. I

EXPECT. To await; to look forward to something intended, promised, or iil:e1y to happen. Atr-hrson, ctc.. R. Co. v. Hamiiu, G7 Kan. 476, 73 Pac. 53.

—Ex-pectancy. The condition of being deferred to a future time, or of dependence upon an expected event: coutrnxzenry as to possession or enjoyment. Wnh respect to the time of their enjoyment, estates may either be in possession or in expectancy; and of expectancies there are two sm‘ls.—0nc created by the not of the par-

ties, calied a “remainder :" the other by act of K iaw. caiied a “reversio ." 2 Bl. Comm. 161. -1-Jxpectant. Having relation to or dependent upon. a cont.ingcncv.—-1-Expectant estates. Sr-o Fsrzrrn IN I-:x1=nc"rANcv.—Expectnnt heir. A person who bus the expectation of in- bcriting property or an estate, but smaii present means. The term is chiefly used in equity, wbcre reiief is alforded to such persons against the euforczerm-nt of “catching bargains," (q. 1;.) Jctfers v. Lampson, 10 Ohio St. : Whelen v. Pinllips. 151 Pa. 312, 5 Ati. 44: In re

Robbins’ Estate. 199 Pa. 500, 49 Ati. 233.-

Expectant-right. A contingent right. not

vested; one which depends on the continuedm

fin

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