he is executor of the first testator; | gree, the brother is said to be substiand the law is the same when a sole tuted in the second degree, and the executor dies leaving an executor, cousin in the third degree, and so on. the rights are vested in the latter. See Heir, instituted, and Swinb. pt. This rule has been changed in Penn- 4, s. 19, pl. 1. sylvania and perhaps some other states by legislative provision; there, in such case, administration cum testamento annexo must be obtained, the right does not survive to the executor, instituted. ecutor of the executor. Act of Penn- EXECUTOR DE SON TORT, sylvania, of 15 March, 1832, s. 19. In general, executors are not responsible for each other, and they have a right to settle separate accounts. See Joint Executors.

allowed, not for the benefit of the individual, but for some public advantage..

EXEMPTS, are persons who are not bound by law, but excused from the performance of duties imposed upon others. By the act of congress of May 8, 1792, 1 Story, L. U. S. 252, it is provided

authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment. We have something of the same kind in our practice. When a warrant for the arrest of a criminal is issued by a justice of the peace of one county, and he flies into another, a justice of the latter county may endorse the warrant and then the ministerial officer may execute it in such county. This is called backing a warrant.

EXEQUATUR, internat. law, is a declaration made by the execu tive of a government near to which a consul has been nominated and appointed, after such nomination and appointment has been notified, addressed to the people, in which is

§2. That the vice president of the United States; the officers, judicial and executive, of the government of the United States; the members of both houses of congress, and their respective officers; all custom-house officers, with their clerks; all post officers, and stage drivers, who are employed in the care and conveyance of the mail of the post office of the United States; all ferrymen employ-recited the appointment of the foreign ed at any ferry on the post road; state, and that the executive having all inspectors of exports; all pilots; approved of the consul as such, com all mariners, actually employed in mands all the citizens to receive, the sea service of any citizen or countenance, and, as there may be merchant within the United States; occasion, favourably assist the consul and all persons who now are, or may in the exercise of his place, giving hereafter be, exempted by the laws and allowing him all the privileges, of the respective states, shall be, and immunities, and advantages, thereto are hereby, exempted from militia belonging. 3 Chit.Com. Law, 56; duty, notwithstanding their being 3 Maule & Selw. 290; 5 Pardes. n. above the age of eighteen, and under | 1445. the age of forty-five years.

EXHEREDATION, civil law, is the act by which a forced heir is deprived of his legitimate or legal portion which the law gives him; disinherison, (q. v.)

EXERCITOR, a term in the civil law, to denote the person who fits out and equips a vessel, whether he be the absolute or qualified owner, or even a mere agent. Emer. on EXHIBIT, in practice; where Mar. Loans, c. 1, s. 1. In English a paper or other writing is on mowe generally use the word “ship's |tion, or on other occasion, proved ; husband," but it is generally to de- or if an affidavit to which the papersignate and distinguish from among writing is annexed, refer to it, it is several part owners of a ship, the usual to mark the same with a capione who has the immediate care and tal letter, and to add, "This paper management of her. Hall on Mar. writing, marked with the letter A, Loans, 142, n. See Dig. 19, 2, 19, was shown to the deponent at the 7; Id. 14, 1, 1, 15; Ship's husband. time of his being sworn by me, and is the same by him referred to by the affidavit annexed thereto.” Such paper or other writing, with this attestation, signed by the judge or other person before whom the affida.

EXEQUATUR, French law. This Latin word was, in the ancient practice, placed at the bottom of a judgment emanating from another tribunal, and was a permission and

vit shall have been sworn, is called an exhibit. Vide Stra. 674; 2 P. Wms. 410; Gresl. Eq. Ev. 98.

TO EXHIBIT, is to produce a thing publicly so that it may be taken possession of, or seized. Dig. 10, 4, 2. In medical language, to exhibit signifies to administer, to cause a thing to be taken by a patient. Chit. Med. Jur. 9.

EXHIBITION, Scotch law, is an action for compelling the production of writings; in Pennsylvania a party possessing writings is compelled to produce them on a proper notice being given, in default of which judgment is rendered against him.

EXIGENT, or EXIGI FACIAS, in practice, is a writ issued in the course of proceedings to outlawry, deriving its name and application from the mandatory words found therein, signifying, "that you cause to be exacted or required;" and it is that proceeding in an outlawry which, with the writ of proclamation, issued at the same time, immediately precedes the writ of capias utlugatum.

EXILE, civil law, is the interdiction of all places except one in which the party is forced to make his residence. This punishment did not deprive the sufferer of his right of citizenship, or of his property, unless the exile should have been perpetual, in which case confiscation might have been 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.

off a burden or duty. It is a rule in the distribution of an intestate's estate that the debts which he himself contracted, and for which he mortgaged his land as security, shall be paid out of the personal estate in exoneration of the real. 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. But the rule for exonerating the real estate out of the personal, does not apply to the disappointment of specific or pecuniary legatees, nor the widow's right to paraphernalia, and with greater reason not with the interest of creditors. 2 Ves. jr. 64; 1 P. Wms. 693; Ib. 729; 2 Ib. 120, 335; 3 lb. 367. Vide Pow. Mortg. Index, h. t.

EXPATRIATION, the voluntary act of abandoning one's country and becoming the citizen or subject of another. 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 a fraud of the duties at home of the emigrant. A citizen may acquire in a foreign country the 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. EXONERATION, is the taking 133; 7 Wheat. 342; 1 Pet. C. C.

EXOINE, French law, is 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. Procéd. Crim. s. 3, art. 3. Vide Essoin.

R. 161; 4 Hall's Law Journ. 461;
Bracken. Law Misc. 409; 9 Mass.
R. 461.

EXPECTANCY, estates, signifies having a relation or dependence upon something future. 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 reversion.

EXPECTANT, having relation to, or depending upon something; this word is commonly used with fee, as fee expectant.

EXPENSÆ LITIS, expenses of the suit, the costs which are generally allowed to the successful party.

EXPERTS, from the Latin experiens, which signifies instructed by experience, are 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. Répert. mot Expert; 2 Lois des Bâtimens, 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.

The

EXPILATION, civil law. crime of abstracting the goods of a succession. 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 him from that period.

EXPORTATION, commer. law. The act of sending goods and merchandise from one country to another. 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 pernicious 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.

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.

EXPRESSION. The term or use of language employed to explain a thing. It is a general rule, that expressions shall be construed, when they are capable of several significa. tions, 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, is 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.) Vide Delegation.

EXPROMISSOR, civ. 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;