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, forbidding them to distrain him, etc., for not doing suit of court, etc. New Nat. Brev. 352. … [Read more...]
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 driving away tenants or vassals from the estate; as by demolishing buildings, and so compelling the tenants to leave, or by enfranchising the bond servants, and unlawfully turning them out of their tenements. Fleta, 1. 1, c. 9. … [Read more...]
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. … [Read more...]
EXIST
To live; to have life or animation; to be in present force, activity, or effect at a given time; as in speaking of "existing" 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 R. I. 597, 35 Atl. 302, 33 L. R. A. 566; Lawrie v. State, 5 Ind. 526; Godwin v. … [Read more...]
EXONERETUR
Lat. Let him be relieved 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. … [Read more...]