Page:The New International Encyclopædia 1st ed. v. 07.djvu/417

* EXONERATION. 369 EXPATRIATION. act of discharging or the state of being dis- charged from some liability or obligation. A person who has become bail for another may • •ntil le himself l'> exoneral ion by surrendering liis principal. At common law, the devisee of lands which were subjeci to a mortgage given by his devisor, or the heir of such person upon in- lu i il ing the hinds, was entitled to have the land exonerated from the mortgage debt that is, to have that debt paid out of the personal estate of the mortgagor. This rule has been changed in England and in many of our States by statutes. At present the term is most frequently applied to the right of a surety to call upon the principal debtor to pay the guaranteed debt, and thus re- lieve the surety from his liability thereupon. This right accrues as soon as the surety is put in danger of being compelled to pay his principal's •debt. If the creditor will not proceed against the principal, the surety may file his bill in equity for the purpose of compelling the principal to sal isfy the debt, it being unreasonable that a sure- ty should always have such a cloud hanging over him. Consult: Williams, Principles of the Law of Heal Property I London and Boston, 1894) ; Red- lield, tiiiw and Practice of Surrogate's Courts (New York. 1894) ; De Colyar, Treatise on the Law of Guarantees and of Principal and Surety (London, 1900). EX OPHTHALTVT.IC GOITRE, goi'ter. See Basedow's Disease. EX'ORCISM (Lat. exorcismus, from Gk. (£- opKi<rp.ds, exvrkimitos, exorcism, from e£opKl£eiv, exorlcizein, to administer an oath, from ^{, ex, out + opdfeiv, fiorkizein, opKovv, harkoun, to ad- minister an oath, from Spxos, horkos, oath). The act of conjuring evil spirits, in the name of God, to depart out of the person possessed. • The first Christians adjured evil spirits in the name of Jesus Christ ; but as the opinion was entertained that all idolaters belonged to the kingdom of Satan, it was cus- tomary to exorcise heathens previous to their receiving Christian baptism ; and since, on the theory of original sin, all infants were regarded as belonging to Satan's kingdom, exorcism be- came general at the baptism even of Christian children. Of its exercise in the early Church, both in relation to energumens (q.v.) or persons pos- sessed, and in the administration of baptism, there are numerous examples. Tertullian and Origen speak of it as of ordinary occurrence, and the Council of Carthage, in 255, alludes to its use in baptism. The rite of exorcism is used by the modern Church in three different cases: in the case of actual or supposed demoniacal pos- session, in the administration of baptism, and in the blessing of the chrism or holy oil. and of holy water, with the view of withdrawing from the influence of Satan creatures which are to be used in the service of God. Its use in cases of possession is now extremely rare, and in many diseases is prohibited, unless with the special permission of the bishop. In baptism it precedes the ceremony of applying the water with the bap- tismal form. It is used equally in infant and in adult bapt ism, and Roman Catholic writers ap- peal to the earliest examples of the administra- tion of the sacrament as evidence of the use of exorcism in both alike. The rite of baptismal exorcism in the Roman Catholic Church follows closely the scriptural model in Mark viii. 33. The exorcisms in the blessing oi the oil and water resemble erj closelj I be baptist foi m, but are re diffuse. See I »i i<> i u. EXORCIST. A title of the second of the minor orders oi the Roman Catholic Church. Down to the middle of the third centui power of exorcism (q.v.) was exercised by Chris- tians generally, withoui special authorization Pope Fabian 1 23l f) ems to have hen, i de Brsi to assign a definite m and functions to exorcists as a separate order. These functions may now be exercised by any priest, since he is ordained exorcist on his way to the prie-th I. hut in many diocese, the special permission of the bishop is required for their solemn exercise. Sec ' Ibdebs, Holy. EX'OSTEM'MA (Neo-Lat., from Gk. ^a>, exS, outside -+- ariy.p.a. stemma, garland). A genus of American trees and shrubs of the inn lira I order Rubiacese, nearly allied to Cinchona. Sei eral species yield febrifugal barks, which, how- ever, do not contain the cinch. ma alkaloids. The most valued of these are Caribbee hark and Saint Lucia bark, the latter of which is the produce "I Exostemma florisbundum, a native of the more mountainous parts of the West Indies. EX'OSTO'SIS (Neo-Lat.. from Gk. i{, ex, out + iariov, osteon, bone I . A bony tumor growing from some of the osseous structures of the body. See TriioK. EX'OTER'IC. See Esoteric. EXPANSION. See Heat. EXPANSION (as a political term). See Imperialism; United States, Extension of the Territory of the. EX PARTE (Lat., from a part). From or on behalf of a designated party. The term is fre- quently used in the title of a legal proceeding. For example, if Shand is adjudged bankrupt the title of the bankruptcy proceedings is /„ re Shand; and if a creditor named Corbett makes an application in the cause for an order or de- termination in his behalf, his proceeding is en- titled, Ex parte Corbett in re Shand. So if Smith applies for leave to sue an official bond, or for some particular writ (q.v.). this preliminary proceeding is entitled Ex parte Smith. The term is also used to describe the application or pro- ceeding itself. Statements made in a judicial proceeding under such circumstances that the opposite party has no opportunity to challenge their accuracy are often spoken of as ex parte. EXPATRIATION (from ML. expatriare, to banish from one's country, from Lat. ex, out + patria, father-land, from pater, father). Change of residence and allegiance from one's native or adopted land to another countrj and government, arising by voluntary act or by operation of law. It has been declared by the United State- Con- gress to be "a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and pursuit of happi- ness." (United States Revised statute*. 1999, 2000.) In the same statute Congress char- acterized every opinion, order, or decision which denied, restricted, impaired, or questioned the right, of expatriation, as inconsistent with the fundamental principles of the Republic. These statutory declarations fairly represent the view now prevailing in this country. In the War of