A New Law Dictionary and Glossary

An estate depending upon some future circumstance or contingency, which must happen before any interest passes.* 2 Bl. Com. 162.

The same as a contingent remainder. See Cou' tingeni Remainder.

A trust is so called when the transaction by which it is created is only in fieri, or relets in covenant; or where some further act is necessary to be done by the author of the tru

Lat. AEng. A female executor. See Executor,

[L. Lat. exemplificatio; from exemplum, a copy, and facere, to make.] A certified transcript, under seal, of a record. An exemplification of letters patent is a certified transcrip

Lat. In the civil law. A copy. Calv, Lex, Jur,

Lat. An example; an instance. Exempla illustrant non restringunt legem. Examples illustrate the law; do not restrict it. Co. Litt. 24 a.

Lat. Out of purchase; founded on purchase. A term of the civil law, adopted by Bracton. Inst. 4. 6. 28. Bract, fol. 102. See Actio ex empto.

Lat. (Let him execute or perform his office.) The official recognition of a person in the character of consul or commercial agent, authorizing him to exercise his power. Wharton's

Lat. [from exereitus, an army.] In feudal and old European law. A soldier; a vassal or feudatory. Spelman, Calv, de Verb, Feud,

Lat. In the civil law. An action which lay against the employer of a vessel, {exercitor navis,) for the contracts made by the master. Inst. 4. 7. 2. 3 Kent's Com. 161.

Lat. In the civil law. The employer of a vessel; the person who sent a vessel to sea at his own risk, and received all her earnings; {ad quern quotidianus navis qucestus pertinet;

Lat. [from exercitus, an army.] In old English law. A heriot. LL. Edw. Conf. 1. Comll, So called as being anciently paid only in arms or mt/ttory accoutrements. Id, Qe^Merioi.

Lat. In old European law. An army; an armed force. A collection of thirty-five men and upwards. LL. Inas, apud Spelman, A gathering of forty-two armed men. L. Boior, tit. 8, c. 8.

Lat. On the face. 2 Steph. Com. 168. EX FACILL Lat. Easily.* Calv. Lex. Jur.

Lat. From, by or in consequence of an act, or thing done. Bract. fol. 172. Applied generally to an act done in violation of law or right. A title is said to originate ex facto, whe

Lat. [from ex, from or off, and festuca, a wand.] In feudal and old European law. To devest oneself of the possession of an estate, honor, dignity or any other thing; anciently exp

Lat Out of, or by fiction of law. Bract, fol. 53.

Lat. [from ex. priv. and Bbx, frede, frith, peace.] In old English law. To break the peace; to commit open violence. Cowell. LL. Hen. I. c. 31, cited ibid. EXHj£REDARE. Lat. \from

Lat. Out of grace, or favor; (Fr. de grace); as a matter of mere grace or indulgence. The opposite of ex debito. 4 Bl Com. 392.

Lat. (From, or on the grievous complaint.) In old English practice. The name of a writ (so called from its initial words,) which lay for a person to whom any lands or tenements in

Lat. [from exhceredare, q. v.] In the civil law. Dismheritance; a disinheriting. Inst, 2. 23. tit Bract, fol. 388. An exclusion from the lawful inheritance, ffeinecc. Elem. Jur. Ci

In Scotch law. To disinherit; to exclude from inheriting. 1 Karnes' Equity, 247.

Lat. [from ex, out, and habere, to have.] In the civil law. To have out; to show openly; to exhibit; to present or produce a thing so that it may be seen and handled. Calv. Lex. Ju

[Lat. exhibitum, (from exhibere, q. v.) shown to.] In practice. Any writing which, on the examination of a witness before an examiner, or commissioner, is exhibited, or shown to th

or EXIGI FACIAS. L. Lat. In English practice. A judicial writ made use of in the process of outlawry, commanding the sheriff to demand the defendant, (or cause him to be demanded,

[L. Lat. exigendarius.] An officer of the English court of common pleas, whose duty it was to make out the exigents and proclamations, in the process of outlawry. Cowell. 1 Archb.

Lat. (You cause to be demanded.) Another name of the writ of exigent; bemg the two emphatic words of that writ Meg, Jud. 2,

[Lat. exilium.] Banishment; a driving out or sending away of persons; a species of waste committed by manumitting or ejecting tenants; or so excessive in itself as to have the effe

Lat. [L. Fr. exil, eay/.] In old English law. Exile or banishment; a driving out, or sending away of persons. A species of waste, anciently classed with vastum, (waste proper,) des

Lat. From, or with a deliberate design; on purpose. Story, J., 1 Wheaton'sR. 304. 1 Kenes Com. 818.

Lat. On the suggestion or information. Reg. Jud. 25.

Lat. Anew; afresh. Bract, fol. 293.

Lat. In the civil law. The civil reputation which belonged to the Roman citizen, as such. 1 Mackeld, Civ. Law. 133, § 123. Called a state or condition of unimpeached dignity or cha

Lat. From time whereof the memory of man does not exist to the contrary. Litt. sect. 170. See tn/m. DE TEMPS DONT MEMORIB NE

Lat. [from exire, to go out, or proceed from.] In old English law and practice. Issue or offspring; a child or children. Habuit exitum Thomam, &c.; had issue Thomas. 2 Mon. Angl. 6

Lat. From a just or lawful cause; by a just or legal title. See Ex causa,

Lat. [fromearfer, q. v.] In old English law. Outlawry. LL. M!dw. Conf. c. 38. Spelman.

Lat. In old English law. To outlaw; to deprive one of the benefit and protection of the law; {exuere aliquem beneficio legis.) Spelman.

Lat. According to the laws. A phrase of the civil law, which the Digests declare to signify — according to the intent or spirit of the law, as well as according to the words or let

Lat. In old English law. An outlaw; qui est extra legem; one who is ou/ of the law's protection. Bract, fol. 126. Qui beneficio legis privatur. Spelman, voc. Exlegare,

Lat. From, or out of letting. A term of the civil law, applied to actions or lights of action arising out of the contract of loec Uum, (q. v.) Inst 4. 6. 28. Adopted at an early pe

Lat. From, arising out of, or founded upon misconduct or malfeasance. A term of the civil law used (more commonly than ex delicto,) as the opposite of ex contractu. Inst. 3. 14. 2.

Lat. Of mere motion. Formal words in old English letters patent. 1 Co. 40 b; Al Um Wood's case. See Ex gratia spedali, <fec.

Lat. From, or in consequence of delay. Interest is allowed ex mora, that is, where there has been delay in returning a sum borrowed. A term, of the civil law. Story on Bailm. § 84.

Lat. According to custom. Caiv. Lex, Jur. JBx maltitv Afne •iim^raniy c«lllffitvr MeatitM Tera« From a great number of signs or marks, true identity is gathered or made up. Bacon's

Lat. From, or out of loan. In the old law of England, a debt was said to arise ex mutuo, when one lent another anything which consisted in number, weight or measure. 1 Beeves' Hist

Lat. From, or by necessity of law. 4 Bl. Com. 394. EX NECESSITATE REI. Lat. From the necessity or urgency of the thing or case. 2 Powell on Dev. (by Jarman,) 308. Ex nudo pacto non

Lat. From office; by virtue or as a consequence of office; without any other appointment or authority than that conferred by the office. Courts are bound to take notice of public a

Lat. [from exonerare, to discharge.] (Let him be discharged.) In practice. An entry made upon a bail piece, where the bail are discharged, either by the surrender of their principa

Fr. To excuse. See Essonier,

Lat. From, or of a part or side; of the one part; from, or upon one side. A common term in practice, which seems to have originally been derived from the canon law. Durand, Spec. J

Lat. On the maternal side; in the maternal line. 1 Steph. Com, 382. 2 Crabh's Real Prop, 1021, § 2401. Ex parte matris; on the side of the mother. Stat Westm, 2, c. 16.

Lat. On the paternal side; in the paternal line. 1 Steph. Com. 381, 382. 2 Crahh's Beat Prop. 1020, § 2400, et seq. Ex parte patris; of the father's side; on the side of thtt fathe

Lat. (On the behalf of such a one.) In old Englbh practice. The name of a writ which lay for a bailiff or receiver, who, having auditors assigned to hear his account, could not obt

[from Lat. ex, from, and patria, country.] The removing from, or forsaking one's native country; the renunciation or abjuration of one's native allegiance. 2 Kent's Com. 43, 49. Ne

Lat. From a few things or words. Ex paucis dictb intendere plarima poisia. From a few words you may understand many things. Litt sect. 384. '' By this verse," says Lord Coke, "infe

estate in. An estate the possession of which a person is entitled to have in futuro. 1 Steph. Com. 289. See Estate in expectancy.

An estate in expectancy. See Expectancy.

Lat. It is expedient or profitable; it is for the good, benefit or advantage. Expedit reipublicae ut sit finis litium. It is for the advantage of the state that there be an end of

Espealtare. L. Lat, [from ex, out, and pes, foot.] In old forest law. To cut out the ball, or cut off the claws of a dog's foot; to expeditate, (q. v.) Spelman. Cowell. To cut the

[from expeditare, q. v.] In the forest law. To cut out the ball of dogs' forefeet, to prevent them from running after deer or game. Cart, de Forest. c. 16. Crompt. Jur. 162. Manwoo

In forest law. The act or mode of expeditating dogs; otherwise called lawing (q. v.) 3 Bl. Com. 72. Spelman, voc. Expeditare.

Lat. An expedition; an irregular kind of army. Spelman.

Lat. In old practice. The service of a writ. Towns. PL 43. EXPENDlfORS. In old English law. Persons who disbursed or expended monies collected by tax, particularly for the repairs

Lat. [from expendere, to expend.] In the civil law. Expenses or charges. Expensae litis; costs of suit. Calv. Lex. Victus victori in expensis condemnatur. The vanquished party shal

[L. Lat. expertus, peritus.'] A skilful or experienced person; a person having skill, experience or peculiar knowledge on certain subjects, or in certain professions; a scientific

Lat. In old English law. To gain a suit, {litem obtinere,) to overcome in pleading, (placitando evincere.) Spelman. Will. Malmsb. de Reg. Gest. lib. 2. c. 13.

Lat. A term used in old European law, corresponding, as Spelman conjectures, with the esplees (q. V.) of the English law.

[L. Lat. expletia, q. v.] The profits of an estate. See £splees.

Explida. L. Lat. [from explere, to fill or make up; to complete or make perfect.] In old English law. Esplees; the profits of land. Bract, fol. 40, 44 b. Excoluit terrain, et hlada

Lat. In the civil law. A pleading corresponding with the surrejoinder of the common law; (allegatio infirmans supplicationem.) Calv. Lex. Jur. Spiegelius, cited ibid. See Supplicat

JSxspoliare. Lat. In the civil law. To rob, plunder or spoil. Expoliatores; robbers. Calv. Lex, To deprive or take away. Id. Spelman,

A law which operates by after-enactments.''' A law which makes an act done before its passage, and which was innocent when done, criminal. 3 Dallas' B, 386. A law which renders an

Lat. Of malice aforethought. Beg, Grig. 102.

EXPRESSED. [Lat. expressum, expressa; from exprimere, to declare openly.] Openly declared or signified; distinctly mentioned in words or set down in writing, as distinguished from

Lat. [from exprimere, to express or declare.] Things or words expressed, or expressly mentioned. Expressa nocent, non expressa non nocent. Things expressed are [may be] prejudicial

Abrogation by express provision or enactment; the repeal of a law or provision, by a subsequent one, referring directly to it.

A consideration distinctly declared by the terms of the contract itself; as where a man contracts to sell his land for a named sum of money.

A contract, the terms of which are openly uttered or declared at the time of making it. 2 Bl. Com. 443. 2 Steph. Com. 110.

Lat. [from exprimere, to express.] Expression; distinct mention in words or writing. Expressio eorum quae tacite insunt nihil operatur. The expression or express mention of those t

Expressa. Lat. [from eseprimere, to express.] Express; expressed. A thing or word expressly or distinctly mentioned. Bract, fol. 18. Bzpreaaam facit caaaara tacltaoi. That which is

In conveyancing. A warranty in a deed expressed by particular words, (such as warrantizo, 1 warrant;) as distinguished from that which was implied by law from other words, (such as

Lat. [from expromittere, q. v.] In the civil law. One who assumes the debt of another, discharging the first debtor, and making himself originally liable in his place; one who was

Lat. In the civfl law. *To undertake for another, with the view of becoming liable in his place. Calv. Lex.

Lat. By their, or its own force. 2 Kent's Com. 457.

Lat. By the provision of man. By the limitation of the party, as distinguished from the disposition of the law. 11 Co. 80 b.

An abbreviation of EX RE-

Lat. On the relation. Bract, fol. 403 b.

Lat. On the relation, or information. Beg. Grig. 34, 36, 42.

Lat From writings formerly seen. A term used as descriptive of that kind of proof of handwriting, where the witness has seen letters or documents professing to be the handwriting o

CERTA

Lat. In the civil law. An action of stipulation. An action given to recover marriage portions. Inst. 4. 6. 29.

Lat. From, or in consequence of time; by lapse of time. Bract, fol. 61, 62. Ex diutumo tempore; from length of time. Id. foL 61 b.

[L. Lat. extenders; L. Fr. estsndre.l In English practice. To value the lands or tenements of a person bound by a statute or recognizance which has become forfeited, to their full

Lat. In old English practice. To appraise or value. See Extend. To lay out, survey, or make an inventory of. Extenders et appredare; to lay out and appraise. Bract, fol. 72. See Br

Lat. (You cause to be extended.) In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called an extent. 2 Tidd's Fr. 1048. 4 S

Lat. [L. Fr. estendours.] In old English law. Extenders or appraisers. The name of certain officers appointed to appraise and divide or apportion lands. It was their duty to make a

(or EXTENDI FACIAS.) In English practice. A species of execution upon debts of record due to the crown, differing in this respect from an ordinary writ of execution at suit of the

Lat. In old records. An extent; an estimate or valuation; or, more properly, a survey or register of lands. 1 Mon. Angl. 648. Cowell. See Extenta manerii.