[Exim] problem kill -HUPing exim

FreeBSD 3.3
exim 3.092
bind 8.2.2

I am setting up a new server and have this problem:

exim starts from an rc script as expected and runs fine.
If I HUP exim (to get it to pickup configure file changes) <setting up>

I get a warning message as so:

socket bind() to port 25 for address (any) failed:
  Permission denied:  waiting before trying again
 ...after the 10th attempt, I get
                      daemon abandoned

I am doing all my setup & testing as root. If I boot the system again
exim loads and execute fine once again. A HUP will once again cause
this problem.

Any ideas?
--
Jim Pazarena    mailto:paz@qcislands.net
                http://www.qcislands.net/paz