KFLCC Kingdom Law 2nd Ed.

465

EXPECT

BXISTIMATIO

those who are successively liable for the same debt. "A surety who discharges an obligation is entitled to look to the principal 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^J. 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. EXONERATIONE SECTiE AD CURI AM BARON. A writ of the same nature 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. 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. EXONERETUR. EXPATRIATION. The voluntary act of abandoning one's country, and becoming the citizen or subject of another. Ludlam v. Ludlam, 31 Barb. (N. T.) 489. See EMIGRA TION. To await; to look forward to something intended, promised, or likely to happen. Atchison, etc., R, Co. v. Hamlin, 67 Kan. 476, 73 Pac. 58. —Expectancy. The condition of being defer red to a future time, or of dependence upon an expected event; contingency as to possession or enjoyment. With respect to the time of their enjoyment, estates may either be in possession or in expectancy; and of expectancies there are two sorts,—one created by the act of the par ties, called a "remainder;" the other by act of law, called a "reversion." 2 Bl. Comm. 163. —Expectant. Having relation to, or depend ent upon, a contingency.—Expectant estates. See ESTATE IN EXPECTANCY.—Expectant heir. A person who has the expectation of in heriting property or an estate, but small pres ent means. The term is chiefly used in equity, where relief is afforded to such persons against the enforcement of "catching bargains," (g. v.) Jeffers v. Lampson, 10 Ohio St. 106; Whelen v. Phillips, 151 Pa. 312, 25 Atl. 44; In re Bobbins' Estate, 199 Pa. 500, 49 Atl. 233.— Expectant right. A contingent right, not vested; one which depends on the continued EXPECT. EXORDIUM. The beginning or intro ductory part of a speech.

R. I. 597, 35 Atl. 302, 33 L. R. A. 566; Law rie v. State, 5 Ind. 526; Godwin v. Banks, 87 Md. 425, 40 Atl. 268. A child 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, § 2700; 1 Bl. Comm. 130. In the civil law. The civil reputation which belonged to the Roman citizen, as such. Mackeld. Rom. Law, § 135. Called a state or condition of unimpeached dignity or character, (dignitatis inloesce sta tus;) the highest standing of a Roman citi zen. Dig. 50, 13, 5, 1. Also the decision or award of an arbiter. Lat It goes forth. This word Is used in docket entries as a brief mention of the issue of process. Thus, "exit fi. fa." denotes that a writ of fieri facias has been issued in the particular case. The "exit of a writ" is the fact of Its issuance. A term used in medi cal jurisprudence to denote the wound made by a weapon on the side where it emerges, after It has passed completely through the body, or through any part of it. EXITUS. Children; offspring. The rents, Issues, and profits of lands and tenements. An export duty. The conclusion of the pleadings. EXISTIMATIO. EXIT. EXIT WOUND. EXLEGARE. In old English law. To outlaw; to deprive one of the benefit and protection of the law, (exuere aliquem benefl cio legis.) Spelman. In old English law. An out law; qui est extra legem, one who is out of the law's protection. Bract, fol. 125. Qui teneficio legis privatur. Spelman. 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 bur den, 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. Louisville & N. R. Co. v. Comm., 114 Ky. 787, 71 S. W. 916; Bannon T. Burnes (C. C.) 39 Fed. 898. A right or equity which exists between BI»LAW DICT.(2D BD.)—30 EXLEX. BXOINE. EXLEGALITAS. Outlawry. Spelman. In old English law. EXIiEGAIilTXTS. He who is prosecuted as an outlaw. Jacob.