英文法律词典 E-43

EXONERATUR, practice. A short note entered on a bail¹ piece, that the bail is exonerated² 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 defendant³, or his bankruptcy⁴. 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 renounce⁵ 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 emigrant⁶ at home.

3. A citizen may acquire in a foreign country commercial privileges attached to his domicil, and be exempted⁷ 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 doctrine⁸ 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.

EXPECTANCY⁹, estates. Having a relation to or dependence¹⁰ upon something future.

2. Estates are of two sorts, either in possession, sometimes called estates executed; or in expectancy, which are executory. Expectancies¹¹ are, first, created by the parties, called a remainder; or by act of law, called a reversion.

3. A bargain in relation to an expectancy is, in general, considered invalid¹². 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 contingent¹³. In the doctrine of life annuities¹⁴, 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 chances.

2. In general, the heir apparent will be relieved from a contract made in relation to his expectancy. See Post Obit.