EXHIBITION, Scotch¹ law. An action for compelling the production of writings. In Pennsylvania, a party possessing writings is compelled, to produce them on proper notice being given, in default of which judgment³ is rendered against him.

EXIGENT, or EXIGI FACIAS, practice. A writ² issued in the course of proceedings⁵ to out lawry, deriving⁶ its name and application from the mandatory⁷ words found therein, signifying, "that you cause to be exacted or required; and it is that proceeding⁴ in an outlawry⁸ which, with the writ of proclamation, issued at the same time, immediately precedes the writ of capias utlagatum. 2 Virg. Cas. 244.

EXIGIBLE. That which may be exacted demandable; requirable.

EXILE, civil law. The: interdiction⁹ 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 citizenship¹⁰ or of his property, unless the exile were perpetual, in which case confiscation¹¹ not unfrequently was a part of the sentence. Exile was temporary or perpetual. Dig. 48, 22, 4; Code, 10, 59, 2. Exile differs from deportation¹², (q. v.) and relegation¹³. (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 prostrating¹⁴ or extirpating¹⁵ of trees in an orchard¹⁶ or avenue, or about any house. Bac. Ab. Waste, A; Bract. lib. 4, c. 18, s. 13; 1 Reeves' Hist. Law, 386.

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.

EXONERATION¹⁷. 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 applied¹⁸, in exoneration of the real estate. 2 Pow. Mortg. 780; 5 Hayw. 57; 3 Johns. Ch. R. 229.

4. But the rule for exonerating¹⁹ the real estate out of the personal, does not apply against specific or pecuniary²⁰ legatees, nor the widow's right to paraphernalia²¹, and with reason not against the interest of creditors²². 2 Ves. jr. 64; 1 P. Wms. 693; Id. 729; 2 Id. 120,335; 3 Id. 367. Vide Pow. Mortg. Index, h. t.