EXILE, civil law. The: interdiction of all places except one in which
the party is foreed to make his residence.
2. This punishment did not deprive the sufferer of his right of citizenship
or of his property, unless the exile were perpetual, in which case confiscation
not unfrequently was a part of the sentence. Exile was temporary or perpetual.
Dig. 48, 22, 4; Code, 10, 59, 2. Exile differs from deportation, (q. v.) and
relegation. (q. v.) Vide, 2 Lev. 191; Co. Litt. 133, a.
EXILIUM. By this term is understood that kind of waste which either
drove away the inhabitants into a species of exile, or had a tendency to do so;
as the prostrating or extirpating of trees in an orchard or avenue, or about any
house. Bac. Ab. Waste, A; Bract. lib. 4, c. 18, s. 13; 1 Reeves' Hist. Law,
EXITUS. Issue,, child, or offspring; rents or profits of land. Cowell,
h. v. In pleading, it is the issue, or the end, terminaion, or conclusion of the
pleadings, and is so called, because an issue brings the pleadngs to a close. 3
Bl. Com. 314.
EXIGENDARY, Eng. law. An officerwho makes out exigents.
EXOINE, French law. An act or instrument in writing, which contains
the reasons why a party in a civil suit, or a person accused, who has been
summoned, agreeably to the requisitions of a decree, does not appear. Poth.
Proced. Crim. s. 3, art. 3. Vide Essoin.
EXONERATION. The taking off a burden or duty.
2. It is a rule in the distribution of an intestate's estate that the debts
which he himself contracted, and for which be mortgaged his land as security,
shall be paid out of the personal estate in exoneration of the real.
3. But when the real estate is charged with the payment of a mortgage at the
time the intestate buys it, and the purchase is made subject to it, the
personal. is not in that case to be applied, in exoneration of the real estate.
2 Pow. Mortg. 780; 5 Hayw. 57; 3 Johns. Ch. R. 229.
4. But the rule for exonerating the real estate out of the personal, does not
apply against specific or pecuniary legatees, nor the widow's right to
paraphernalia, and with reason not against the interest of creditors. 2 Ves. jr.
64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow. Mortg. Index, h.
EXONERATUR, practice. A short note entered on a bail piece, that the
bail is exonerated or discharged in consequence of having fulfilled the
condition of his obligation, made by order of the court or of a judge upon a
proper cause being shown.
2. A surrender is the most usual cause; but an exoneratur may be entered in
other cases, as in case of death of the defendant, or his bankruptcy. 1 Arch.
Pr. 280, 281, 282; Tidd's Pr. 240.
EXPATRIATION. The voluntary act of abandoning one's country and
becoming the citizen or subject of another.
2. Citizens of the United States have the right to expatriate themselves
until restrained by congress; but it seems that a citizen cannot renounce his
allegiance to the United States without the permission of government, to be
declared by law. To be legal, the expatriation must be for a purpose which is
not unlawful, nor in fraud of the duties of the emigrant at home.
3. A citizen may acquire in a foreign country commercial privileges attached
to his domicil, and be exempted from the operation of commercial acts embracing
only persons resident in the United States or under its protection. 2 Cranch,
120. Vide Serg. Const. Law, 318, 2d ed; 2 Kent, Com. 36; Grotius, B. 2, c. 5, s.
24; Puffend. B. 8, c. 11, s. 2, 3 Vattel, B. 1, c. 19, s. 218, 223, 224, 225
Wyckf. tom. i. 117, 119; 3 Dall. 133; 7 Wheat. 342; 1 Pet. C. C. R. 161; 4
Hall's Law Journ. 461; Bracken. Law Misc. 409; 9 Mass. R. 461. For the doctrine
of the English courts on this subject, see 1 Barton's Elem. Conveyancing, 31,
note; Vaugh, Rep. 227, 281, 282, 291; 7 Co. Rep. 16 Dyer, 2, 224, 298 b, 300 b;
2 P. Wms. 124; 1 Hale, P. C. 68; 1 Wood. 382.
EXPECTANCY, estates. Having a relation to or dependence upon something
2. Estates are of two sorts, either in possession, sometimes called estates
executed; or in expectancy, which are executory. Expectancies are, first,
created by the parties, called a remainder; or by act of law, called a
3. A bargain in relation to an expectancy is, in general, considered invalid.
2 Ves. 157; Sel. Cas. in Ch. 8; 1 Bro. C. C. 10; Jer. Eq. Jur. 397.
EXPECTANT. Having relation to, or depending upon something; this word
is frequently used in connexion with fee, as fee expectant.
EXPECTATION. That which may be expected, although contingent. In the
doctrine of life annuities, that share or number of the years of human life
which a person of a given age may expect to live, upon an equality of
2. In general, the heir apparent will be relieved from a contract made in
relation to his expectancy. See Post Obit.
EXPENSAE LITIS. Expenses of the suit; the costs which are generally
allowed to the successful party.
EXPERTS. From the Latin experti,which signifies, instructed by
experience. Persons who are selected by the courts or the parties in a cause on
account of their knowledge or skill, to examine, estimate, and ascertain things,
and make a report of their opinions. Merl. Repert. mot Expert; 2 Lois des
Batimens, 253; 2 N. S. 1 5 N.. S. 557; 3 L. R. 350; 11 L. R. 314 11 S. & R.
336; Ray. Med. Jur. Prel. Views, §29; 3 Bouv. Inst. n. 3208.
EXPILATION, civil law. The crime of abstracting the goods of a
2. This is said not to be a theft, because the property no longer belongs to
the deceased, nor to the heir before he has taken possession. In the common law,
the grant of letters testamentary, or letters of administration, relate back to
the time of the death of the testator or intestate, so that the property of the
estate is vested in the executor or administrator from that period.
EXPIRATION. Cessation; end. As, the expiration of, a lease, of a
contract, or statute.
2. In general, the expiration of a contract puts an end to all the
engagements of the parties, except to those which arise from the non-fulfilinent
of obligations created during its existence. For example, the expiration of a
partnership so dissolves it, that the parties cannot in general create any new
liability, but it still subsists, to enable the parties to fulfil engagements in
which the partners have engaged, or to compel others to perform their
obligations towards them. See Dissolution; Contracts.
3. When a statute is limited as to time, it expires by mere lapse of time,
and then it has no force whatever; and, if such a statute repealed or supplied a
former statute, the first statute is, i so facto, revived by the expiration of
the repealing statute; 6 Whart. 294; 1 Bland, R. 664 unless it appear that such
was not the intention of the legislature. 3 East, 212 Bac. Ab. Statute, D.
EXPORTATION, commercial law. The act of sending goods and merchandise
from one country to another. 2 Mann. & Gran. 155; 3 Mann. & Gran. 959.
2. In order to preserve equality among the states, in their commercial
relations, the constitution provides that " no tax or duty shall be laid on
articles exported from any state." Art. 1, s. 9. And to prevent a pernicipus
interference with the commerce of the nation, the 10th section of the 1st
article of the constitution contains the following prohibition: " No state
shall, without the consent of congress, lay any imposts or duties on imports or
exports, except what may be absolutely necessary for executing its inspection
laws; and the net produce of all duties and imposts, laid by any state on
imports or exports, shall be for the use of the treasury of the United States;
and all such laws shall be subject to the revision and control of the congress."
Vide 12 Wheat. 419; and the article Importation.
EXPOSE' A French word, sometimes applied to a written document,
containing the reasons or motives for doing a thing. The word occurs in
EXPOSITION DE PART, French law. The abandonment of a child, unable to
take care of itself, either in a public or private place.
2. If the child thus exposed should be killed in consequence of such
exposure; as, if it should be devoured by animals, the person thus exposing it
would be guilty of murder. Rose. Cr. Ev. 591.
EXPRESS. That which is made known, and not left to implication. The
opposite of implied. It is a rule, that when a matter or thing is expressed, it
ceases to be implied by law: expressum facit cessare tacitum. Co. Litt. 183; 1
Bouv. Inst. n. 97.
EXPRESSION. The term or use of language employed to explain a
2. It is a general rule, that expressions shall be construed, when they are
capable of several significations, so as to give operation to the agreement,
act, or will, if it can be done; and an expression is always to be understood in
the sense most agreeable to the nature of the contract. Vide Clause;
Construction; Equivocal; Interpretation; Words.
EXPROMISSION, civil law. The act by which a creditor accepts a new
debtor, who becomes bound instead of the old, the latter being released. It is a
species of novation. (q. v.) 1 Bouv. Inst. n. 802. Vide Delegation.
EXPROMMISSOR, civil law. By this term is understood the person who
alone becomes bound for the debt of another, whether the latter were obligated
or not. He differs from a surety, who is bound together with his principal. Dig.
12, 4, 4; Dig. 16, 1, 13; Id. 24, 3, 64, 4; Id. 38, 1, 37, 8.
EXPULSION. The act of depriving a member of a body politic, corporate,
or of a society, of his right of membership therein, by the vote of such body or
society, for some violation of hi's. duties as such, or for some offence which
renders him unworthy of longer remaining a member of the same.
2. By the Constitution of the United States, art. 1, s. 5, §2, each house may
determine the rules of its proceedings, punish its members for disorderly
behaviour, and, with the concurrence of two-thirds' expel a member. In the case
of John Smith, a senator from Ohio, who was expelled from the senate in 1807,
the committee made a report which embraces the following points:
3. - 1. That the senate may expel a member for a high misdemeanor, such as a
conspiracy to commit treason. Its authority is not confined to an act done in
4. - 2. That a previous conviction is, not requisite, in order to authorize
the senate to expel a member from their body, for a high: offence against the
5. - 3. That although a bill of indictment against a party for treason and
misdemeanor has been abandoned, because a previous indictment against the
principal party had terminated in an acquittal, owing to the inadmissibility of
the evidence upon that indictment, yet the senate may examine the evidence for
themselves, and if it be sufficient to satisfy their. minds that the party is
guilty of a high misdemeanor it is a sufficient ground of expulsion.
6. - 4. That the 6th and 6th articles of the amendments of the Constitution
of the United States, containing the general rights and privileges of the
citizen, as to criminal prosecutions, refer only to prosecutions at law, and do
not affect the jurisdiction of the senate as to expulsion.
7. - 5. That before a committee of the senate, appointed to report an opinion
relative to the honor and privileges of the senate, and the facts respecting the
conduct of the member implicated, such member is not entitied to be heard in his
defence by counsel, to have compulsory process for witnesses, and to be
confronted with his accusers. It is before the senate that the member charged is
entitled to be heard.
8. - 6. - In determining on expulsion, the senate is not bound by the forms
of judicial proceedings, or the rules of judicial evidence; nor, it seems, is
the same degree of proof essential which is required to convict of a crime. The
power of expulsion must, in its nature, be discretionary, and its exercise of a
more summary character. 1 Hall's Law Journ. 459, 465.
9. Corporations have the right of expulsion in certain cases, as such power
is necessary to the good order and government of corporate bodies; and the cases
in which the inherent power may be exercised are of three kinds. 1. When an
offence is committed which has no immediate relation to a member's corporate
duty, but is of so infamous a nature as renders him unfit for the, society of
honest men; such as the offences of perjury, forgery, and the like. But before
an expulsion is made for a cause of this kind, it is necessary that there should
be a previous conviction by a jury, according to the law of the land. 2. When
the offence is against his duty as a corporator, in which case he may be
expelled on trial and conviction before the corporation. 3. The third is of a
mixed nature, against the member's duty. as a corporator, and also indictable by
the law of the land. 2 Binn.448. See, also, 2 Burr., 536.
10. Members of what are called joint stock incorporated companies, or indeed
members of any corporation owning property, cannot, without express authority in
the charter, be expelled, and thus deprived of their interest in the general
fund. Ang. & Ames on Corp. 238. See; generally, Ang. & Ames on Corp. ch.
11; Willcock, on Mun. Cor . 270; 1 Co. 99; 2 Bing. 293.; 5 Day 329; Sty. 478; 6
Conn. R. 532; 6 Serg. & Rawle, 469; 5 Binn. 486.
EXTENSION, comm. law. This term is applied among merchants to signify
an agreement made between a debtor and his creditors, by which the latter, in
order to enable the former, embarrassed in his circumstances, to retrieve his
standing, agree to wait for a definite length of time after their several claims
should become due and payable, before they will demand payment.
2. Among the French, a similar agreement is known by the name of
atermoiement. Merl. Rep. mot Atermoiement.
EXTENT IN AID, English practice. An exchequer process, formerly much
used, and now liable to be abused; it is regulated by 57 Geo. III. o. 117.
EXTENT IN CHIEF, English practice. An execution issuing out of the
exchequer at the suit 'of the crown. It is a mere "fiscal writ. See. West on
Extents; 2 Tidd. Index.
2. When land was extended at a valuation too low, there was no remedy at
common law but to pay the money. 15 H. VII. Nor yet in chancery, unless there
was fraud, because the extent was made by the oath of a jury, and deemed
reasonable according to the writ of extent for that cause: otherwise every
verdict might be examined in a court of chancery. Crompt. on. Jurisdic. 55
EXTENUATION. That which renders a crime or tort less heinous than it
would be without it: it is opposed to aggravation. (q. v. )
2. In general, extenuating circumstances go in mitigation of punishment in
criminal cases, or of damages in those of a civil nature. See Aggravation;
EXTERRITORIALITY. This term is used by French jurists to signify the
immunity of certain persons, who, although in the state, are not amenable to its
laws; foreign sovereigns, ambassadors, ministers plenipotentiary, and ministers
from a foreign power, are of this class. Foelix, Droit Intern. Prive, liv. 2,
tit. 2, c. 2, s. 4. See Ambassador; Conflict of Laws; Minister.
EXTINCTION OF A THING. When a thing which is the subject of a contract
has been destroyed, the contract is of course rescinded as, for example, if Paul
sell his horse Napoleon to Peter, and promises to deliver him to the buyer in
ten days, and in the mean time the horse dies, the contract is rescinded, as it
is impossible to deliver a thing which is not in esse; but if Paul engage to
deliver a horse to Peter in ten days, and, for the purpose of fulfilling his
contract, he buys a horse and it die, this is no cause for rescinding the
contract, because he can buy another and complete it afterwards. When the
subject of the contract is an individual, and not generally one of a species,
the contract may be rescinded; when it is one of a species which has been
destroyed, then, it may still be completed, and it will be enforced. Lec. El.
Dr. Rom. §1009.
EXTINGUISHMENT, contracts. The destruction of a right or contract -
the act by which a contract is made void.
2. Art extinguishment may be by matter of fact and by matter of law. 1. It is
by matter of fact either express, as when one receives satisfaction and full
payment of a debt, and the creditor releases the debtor 11 John. 513'; or
implied, as when a person hath a yearly rent out of, lands and becomes owner
either by descent or purchase, of the estate subject to the payment of the rent,
the latter is extinguished 3 Stew. 60; but the person must have as high an
estate in the land as in the rent, or the rent will not be extinct. Co. Litt.
147. See Merger.
3. There are numerous cases where the claim is extinguished b operation of
law; for example, where two persons are jointly, but not severally liable, for a
simple contract debt, a judgment obtained against one is at common law an
extinguishment of the claim on the other debtor. Pet. C. C. 301; see 2 John.
213. Vide, generally, Bouv. Inst. Index, h. t.; 2 Root, 492; 3 Conn. 62; 1 Hamm.
187; 11 John. 513; 4 Conn. 428; 6 Conn. 373; 1 Halst. 190 4 N. H. Rep. 251 Co.
Litt. 147 b; 1 Roll. Ab. 933 7 Vin. Ab. 367; 11 Vin. Ab. 461; 18 Vin. Ab. 493 to
515 3 Nels. Ab. 818; 14 Serg. & Rawle, 209; Bac. Ab. h. t.; 5 Whart. R. 541.
Vide Discharge of a Debt.
EXTORSIVELY. A technical word used in indictments for extortion. In
North Carolina, it seems, the crime of extortion may be charged without using
this word. 1 Hayw. R. 406.
EXTORTION, crimes. In a large sense it, signifies any oppression,
under color of right: but in a more strict sense it means the unlawful taking by
any officer, by color of his office, of any money or thing of value that is not
due to him, or more than is due, or before it is due. 4 Bl. Com. 141; 1 Hawk. P.
C. c. 68, s. 1; 1 Russ. Cr. *144. To constitute extortion, there must be the
receipt of money or something of value; the taking a promissory note, which is
void, is. not sufficient to make an extortion. 2 Mass. R. 523; see Bac. Ab. h.
t.; Co. Litt. 168. It is extortion and oppression for an officer to take money
for the performance of his duty, even though it be in the exercise of a
discretionary power. 2 Burr. 927. It differs from exaction. (q. v.) See 6 Cowen,
R. 661; 1 Caines, R. 130; 13 S. & R. 426 1 Yeates, 71; 1 South. 324; 3
Penna. R. 183; 7 Pick. 279; 1 Pick. 171.
EXTRA-DOTAL PROPERTY. In Louisiana this term is used to designate that
property which forms no part of the dowry of a woman, and which is also called
paraphernal property. Civ. Co. Lo. art. 2315. Vide Dotal Property.
EXTRA VIAM. Out of the way. When, in an action of trespass, the
defendant pleads a right of way, the defendant may reply extra viam, that the
trespass was committed beyond the way, or make a new assignment. 16 East, 343,
EXTRACT. A part of a writing. In general this is not evidence, because
the whole of the writing may explain the part extracted, so as to give it a
different sense; but sometimes extracts from public books are evidence, as the
extracts from the registers of births, marriages and burials, kept according to
law, when the whole of the matter has been extracted which relates to the cause
or matter in issue.
EXTRADITION, civil law. The act of sending, by authority of law, a
person accused of a crime to a foreign jurisdiction where it was committed, in'
order that he may be tried there. Merl. Rep. h. t.
2. By the constitution and laws of the United States, fugitives from justice
(q. v.) may be demanded by the executive of the one state where the crime has
been committed from that of another where the accused is. Const. United States,
art. 4, s. 2, 2 3 Story, Com. Const. U. S. §1801, et seq.
3. The government of the United States is bound by some treaty stipulation's
to surrender criminals who take refuge within the country, but independently of
such conventions, it is questionable whether criminals can be surrendered. 1
Kent. Com. 36; 4 John. C. R. 106; 1 Amer. Jurist, 297; 10 Serg. & Rawle,
125; 22 Amer. Jur. 330; Story's Confl. of Laws, p. 520; Wheat. Intern. Law,
4. As to when the extradition or delivery of the supposed criminal is
complete is not very certain. A case occurred in, France of a Mr. Cassado, a
Spaniard, who had taken refuge in Bayonne. Upon an application made to the
French government, he was delivered to the Spanish consul who had authority to
take him to Spain, and while in the act of removing him with the assistance of
French officers, a creditor obtained an execution against his person, and made
an attempt to execute it and retain Cassado in France, but the council of state,
(conseil d'etat) on appeal, decided that the courts could not interfere, and
directed Cassado to be delivered to the Spanish authorities. Morrin, Dict. du
Dr. Crim. h.v.
EXTRAJUDICIAL. That which does not belong to the judge or his
jurisdiction, notwithstanding which he takes. cognizance of it. Extrajudicial
judgments and acts are absolutely void. Vide Coram non judice, and Merl. Repert.
mots Exces de Pouvoir.
EXTRAVAGANTES, canon law. This is the name given to the constitutions
of the popes posterior to the Clementines; they are thus called quasi vagantes
extra corpus juris, to express that they were out of the canonical law, which at
first contained only the decrees of Gratian; afterwards the decretals of Gregory
IX., the sexte of Boniface. VIII., the Clementines, and at last the
extravagantes were added to it. There are the extravagantes of John XXII., and
the common 'extravagantes.' The first contain twenty epistles, decretals or
constitutions of that pope, divided under fifteen titles, without any
subdivision into books. The others are epistles, decretals or constitutions of
the popes who occupied the holy see, either before or after John XXII. they are
divided into books like the decretals.
EXTREMIS. When a person is sick beyond the hope of recovery, and near
death, he is said to be in extremism.
2. A will made in this condition, if made without undue influence, by a
person of sound mind, is valid.
3. The declarations of persons in extremis, when made with a full
consciousness of approaching death, ate admissible in evidence when the death of
the person making them is the subject of the charge, and the circumstances of
the death the subject of such declarations. 2 B. & C. 605 S. C. 9 Eng. C. L.
Rep..196; and see 15 John. 286; 1 John. Rep. 159; 2 John. R. 31; 7 John. 95; 2
Car. Law. Repos. 102; 5 whart, R. 396-7.
EY. A watery place; water. Co. Litt 6.
EYE-WITNESS. One who saw the act or fact to which he testifies. When
an eye-witness testifies, and is a man of intelligence and integrity, much
reliance must be placed on his testimony, for he has the means of making known
EYOTT. A small island arising in a river. Fleta, lib. 3, c. 2, s. b;
Bract. lib. 2, c. 2. See lsand.
EYRE. Vide Eire Justiciarii Itinerantes.