KFLCC Kingdom Law 2nd Ed.

464

EXIST

EXH-ERE8

from the entire inheritance, by the testator's express declaration in the will that such per son shall be eashceres. Mackeld. Bom. Law, § 711. EXBLXRES. In the civil law. One dis inherited. Vicat; Du Cange. EXHEREDATE. In Scotch law. To disinherit; to exclude from an inheritance. EXHIBERE. To present a thing cor poreally, so that it may be handled. Vicat. To appear personally to conduct the defense of an action at law. EXHIBIT, v. To show or display; to offer or present for inspection. To produce anything in public, so that it may be taken into possession. Dig. 10, 4, 2. To present; to offer publicly or officially; to file of record. Thus we speak of exhibit ing a charge of treason, exhibiting a bill against an officer of the king's bench by way of proceeding against him in that court. In re Wiltse, 5 Misc. Rep. 105, 25 N. Y. Supp. 737; Newell v. State, 2 Conn, 40; Comm. v. Alsop, 1 Brewst. (Pa.) 345. To administer; to cause to be taken; as medicines. EXHIBIT, rk 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 oth erwise 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 filed of record, or otherwise made a part of the case. A paper referred to in and filed with the bill, answer, or petition in a suit in equity, or with a deposition. Brown v. Redwyne, 16 Ga. 6a EXHIBITIO BIEUE. Lat Exhibition of a bill. In old English practice, actions were instituted by presenting or exhibiting a bill to the court, in cases where the pro ceedings were by bill; hence this phrase is equivalent to "commencement of the suit." EXHIBITION. In Scotch law. An ac tion for compelling the production of writ ings. In ecclesiastical law. An allowance for meat and drink, usually made by religious appropriators of churches to the vicar. Al so the benefaction settled for the maintain ing of scholars in the universities, not de pending on the foundation. Paroch. Antiq. 304. EXHIBIT ANT. cles of the peace. A complainant In artl 12 Adol. & E. 599.

EXHUMATION. Disinterment; the re moval from the earth of anything previous ly buried therein, particularly a human corpse. EXIGENCE, or EXIGENCY. Demand, want, need, imperativeness. —Exigency of a bond. That which the, bond demands or exacts, t. e., the act, performance, or event upon which it is conditioned.—Exigen cy of a writ. The command or imperative ness of a writ; the directing part of a writ; the act or performance which it commands. EXIGENDARY. In English law. officer-who makes out exigents. An EXIGENT, or EXIGI FACIAS. L. Lat. In English practice. A judicial writ made use of in the process of outlawry, command ing the sheriff to demand the defendant, (or cause him to be demanded, exigi fa ciat,) from county court to county court, un til he be outlawed; or, if he appear, then to take and have him before the court on a day certain in term, to answer to the plaintiffs action. 1 Tidd, Pr. 132; 3 Bl. Comm. 283, 284; Archb. N. Pr. 485. Now regulated by St. 2 Wm. IV. c. 39. EXIGENTEB. An officer of the Eng lish court of common pleas, whose duty it was to make out the exigents and proclama tions in the process of outlawry. Cowell. Abolished by St 7 Wm. IV. and 1 Vict c. 30. Holthouse. EXIGI FACIAS. That you cause to be demanded. The emphatic words of the Lat in form of the writ of exigent. They are sometimes used as the name of that writ EXIGIBLE. Demandable; requirable EXILE. Banishment; the person ban ished. EXILIUM. Lat. In old English law. (1) Exile; banishment from one's country. (2) Driving away; despoiling. The name of a species of waste, which consisted in driv ing away tenants or vassals from the estate; as by demolishing buildings, and so compell ing the tenants to leave, or by enfranchising the bond-servants, and unlawfully turning them out of their tenements. Fleta, 1. 1, c. 9. Exilium est patriae privatio, natalis soli mutatio, legnm nativarmn amissio. 7 Coke, 20. Exile is a privation of country, a change of natal soil, a loss of native laws. EXIST. To live; to have life or anima tion; to be in present force, activity, or ef fect at a given time; as in speaking of "ex isting" contracts, creditors, debts, laws, rights, or liens. Merritt v. Grover, 57 Iowa, 493, 10 N. W. 879; Whitaker v. Rice, 9 Minn. 13 (Gil. 1), 86 Am. Dec 78; Wing v. Slater, 19