Page:Black's Law Dictionary (Second Edition).djvu/474

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EXPECT
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existence of the present condition of things untii the happening of some future event. Pearsali v. Great Northern E. Co., 161 U. S. 6-10, 16 Sup. Ct. 705, 40 L. Ed. 83g.—Expectn.tion of life, in the doctrine of iiie aniiiiities, is the share or number of years of life which a person of a given age may. upon an equality of chance, expect to enjoy. Whurton.

EXPEDIENTE. In Mexican law, a term including all the papers or documents cou- stitnung a grant or titie to land fium government. Vandersiice v. Hanks, 3 Cal. 27, 38.

EXPEDIMENT. goods and chattels, bug and baggage. ton.

The whole of a person's Whar-

Expedit reipulilicaa ne sun re quis male ntatur. It is for the interest of the state thut 8 man should not enjoy his own prop- erty improperly, (to the injury of others.) Inst. 1, 8, 2.

Expellit reipnhlica: Ill: sit finis litinm. It is for the advantage of the stute that there be an end of suits; it is for the public good that actions be brought to I1 close. Co. Litt. 30311.

EXPEDITATE ARBORES. Trees rooted up or cut down to the roots. Fieta. L 2, c. 41.

EXPEDITATION. In old forest l8W. A cutting off the ciiiws or bnii of the toreleet of niastii".r'.s or other dogs, to prevent their running after deer. Speiuian; Cowell.

EXPEDITIO. An expedition; uinr kind of army. Spelman.

an irreg-

EXPEDITIO BREVIS. In aid practice The service of a writ. Townsh. PI. 43.

EXPEI... In regard to trespass iind other torts, this term means to eject, to put out, to driie out, and generally with an implication ot the use of force. Perry v Fitzhowe, 8 Q. B. 779; Smith v. Leo. 92 Hun. 242. 36 N. Y. Supp. 949.

EXPENDITORS. Paymasters. Those who expend or disburse certain taxes. Especially the sworn officer who supervised the repairs of the banks of the canals i.n Romney Marsh. Cowell.

EXPENSE LITIS. Costs or expenses of the suit, which are generally allowed to the successful party.

EXP]-JNSIS MILITUM NON LEVAN- DIS. An ancient writ to prohibit the sheriff from ievying nny aiiowance for knights of the shire upon those who held lands in ancient demesne. Reg. Orig. 261.

Expetientia per varios aetus legem fncit. Mngistrn rerun experientia. C0.

466

EXPIRY OF THE LEGAL

Litt. 60. Experience by vnrious!lLi.S mikes law. Experience is the mistress of things.

EXPERIMENT. In piitent isw, either ii trial of an uncompleted iiiechiinicai structure to asceitiiin what changes or additions may be necessary to make it iicconipiish the design of the projector, or a tri-.ii of a completed machine to test or iiiustriite its practical crhciency. In the former case, the inventor‘: efforts, being incomplete, if they are then abandoned, will have no effect upon the l‘li_."it of 11 subsequent in\ entor; but if the experi ment proves the capacity of the niachine to effect what its inventor proposed, the law assigus to him the merit of having produced a complete i.nvent.ion. NDi'IIi_IWe:‘ileIli Fire Extinguisher Co. v. Phiiiideiphia Fire I.~I\iin- guisher C0., 10 Philu. 227, 18 Fed. Cas. 311-]

EXPERTS. Persons examined as uh nesses in a cause, who testify i.n regard to some professionai or technic-:ii matter arising in the case, and who are permitted to giie their opinions as to such matter on account of their specisi training, skill, or fumiliiiiity with it.

An expert is a person who possesses pecniiiir skill and knovilcdge upon the subject-matter thiit he is required to give an opinion upon. State v. Phair, -is Vt. 300.

An expert is a sh'iifui or experienced person: a person having skill or experience, or pet‘ ' irnowimlge on certain subjects, or in (- professions; a scientific witness. See Con - s & E. Spring Co. v. Edgar, 99 U. S. (357. L. Ed. 487; I-Ieald v. Thing, 45 Me. '94; i\elsou v. Sun l\Iut. Ins. Co., T1 N. 1'. -14) Knecis v. State. 56 N. J. Law, 44. 27 Ali. 54 Dole v. Johnson 50 N. H. 453: Eliingwood v. Bra 1.’. 52 N. H’. 4s9.

EXPILARE. In the civil law. To spoii; to rob or piunder. Applied to inheritiiiices. Dig. 47, 19; God. 9, 32.

EXPILATIO. In the civil law. The oi1'ense of unlawfully appropriating good- lieionging to a succession. it is not iE(‘illi]( uiiy theft (fiirtuiii) because such pir-iiei-1_v no longer belongs to the decedent, noi- to the heir, since the iatter has not yet taken possession.

EXPILATOR. In the ci\ii law. A roll- ber; u spoiler or plunderer. Ea:pi'lulorcs aunt atrocioi-es furcs. Dig. 47, 1S, 1, 1.

EXPIRATION. Cessation: teriniiinilon from mere iiipse of time; as the expiration of a lease, or statute, and the like. i\Iarshiiil v. Rugg, 6 Wyn. 270, 45 Pac. 43!}, 33 L. R. A. 679; Bowman v. Foot. 29 Conn. 338-. Stuart v. Hamilton, 66 Ill. 255; Familm v. Platt. 8 Pick. (Mnss.) 341, 19 Am. Dec. 330.

EXPIRY OF THE LEGAL. In Scotcb law and practice. Expiration of the period within which an adjudication may he redeemed, by paying the deiit in tile decree of iidjudication. Bell.