Blacks Law Dict. 1st ed

EXPEDITATJE ARBORES

460

EXLEX

protection of the law, (exuere altquem henefl cio legis.) Spelman. EXLEX. ID old English law. An out law; qui est extra legem, one who is out of the law 1 * protection. Bract. foL 125. Qui heneficio legis pricatur. Spelman. EXOINE. In French law. An act or instrument in writing which contains the reasons why a party in a civil suit, or a per son accused, who has been summoned, agree ably to the requisitions of a decree, does not appear. Poth. Proc. Crim. § 3, art. 3. The same as "Essoin," (q. v.) EXONERATION. The removal of a burden, charge, or duty. Particularly, the act of relieving a person or estate from a charge or liability by casting the same upon another person or estate. A right or equity which exists between those who are successively liable for the same debt. "A surety who discharges an obligation is entitled to look to the princi pal for reimbursement, and to invoke the aid of a court of equity for this purpose, and a subsequent surety who, by the terms of the contract, is responsible only in case of the default of the principal and a prior surety, may claim exoneration at the hands of ei ther." Bisp. Eq. § 331. In Scotch law. A discharge; or the act of being legally disburdened of, or liberated from, the performance of a duty or obliga tion. Bell. EXONERATIONS SECT^I. A writ that lay for the crown's ward, to be free from all suit to the county court, hundred court, leet, etc., during wardship. Fitzh. Nat. Brev. 158. EXONERATIONS SECTiE AD CU RIAM BARON. A writ of the same nat ure as that last above described, issued by the guardian of the crown's ward, and addressed to the sheriffs or stewards of the court, for bidding them to distrain him, etc., for not doing suit of court, etc New Nat. Brev. 352. EXONERETUR. Lat. Let him be re lieved or discharged. An entry made on a bail-piece, whereby the surety is relieved or discharged from further obligation, when the condition is fulfilled by the surrender of the principal or otherwise. EXORDIUM. The beginning or intro ductory part of a speech.

EXPATRIATION. The voluntary act of abandoning one's country, and becoming the citizen or subject of another. See EM IGRATION. EXPECT. To await; to look forward to something intended, promised, or likely to happen. EXPECTANCY. The condition of being deferred to a future time, or of dependence upon an expected event; contingency as to possession or enjoyment. With respect to the time of their enjoy ment, estates may either be in possession or in expectancy; and of expectancies there are two sorts,—one created by the act of the paities, called a "remainder;" the other by act of law, called a "reversion." 2 Bl. Comm. 163. EXPECTANT. Having relation to, or dependent upon, a contingency. EXPECTANT ESTATES. Interests to come into possession and be enjoyed in futu ro. They are of two sorts at common law,— reversions and remainders. 2 Bl. Comm. 163. EXPECTANT HEIR. A person wha has the expectation of inheriting property or an estate, but small present means. The term is chiefly used in equity, where relief is afforded to such persons against the en forcement of "catching bargains," (q. v.) EXPECTATION OF LIFE, in the doctrine of life annuities, is the share or number of years of life which a person of a given age may, upon an equality of chance, expect to enjoy. Wharton. EXPEDIMENT. The whole of a per son's goods and chattels, bag and baggage. Wharton. Expedit reipublicee ne sua re quia male utatur. It is for the interest of the state that a man should not enjoy his own property improperly, (to the injury of oth ers.) Inst. 1, 8, 2. Expedit reipublicee at sit finis litium. It is for the advantage of the state that there be an end of suits; it is for the public good that actions be brought to a close. Co. Litt. 3036. EXPEDITATiE ARBORES. Trees rooted up or cut down to the roots. Fleta, 1. 2, c. 41.

Archive CD Books USA