Page:Black's Law Dictionary (Second Edition).djvu/476

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EXPRESS

EXPRESS. Made known distinctly and explicitly, and not left to interence or impiicatiou. Declared in terms; set forth in words. manifested by direct and appropri- ate language, as distinguished from that which is i.ui'crred from conduct. The word is usually contrasted with "iuipiied" State v. Denny, 118 Ind. 4-19. 21 N. E. 274, 4 L. R. A. 03.

—Expresu abrogation. Ahrugation by express prowisioa or enactment; the repeal of a la_w or provision by a subsequent on.e, referring du'ect1_y to iL—Exp1'ess assnmpsit. a.ndertalung to do some act, or to pay a sum of money to another, maniir-sled by express terms. —]-Iixpreu color. An PVaSi\'e form of speclal pieadnng in a case where the defendant ought to plead the general issue. Abolishcd by the conLrnon—inw 'pl‘0CPi.ii)l'E act. 1852. (1.: & 16 Vict c. 76. § 64.)—Il-Jxrpress company. A firm or corporation engaged in the business of transporting parcels or other movable property, in the capacity of common carriers, and espexrialiy undt-Itahing the safe carriage and speedy dc- iivery of salaii but valuable packages of goods and moniy. Also v. Southern Exp. (.'.o.,

N. C-. 275. 10 S. ‘. 297. 6 L. R. A. 271: l"fister v. Central Pac. Ry. Co., 70 Cal. 16.‘), 11 Pac. CS6. 59 Am. Iiep. 404.—1-Express consid- oration. A consideration which is distinct- ly and specificall. named in the written contract or in the oral agreement of the parties.

As to express "Conditions." “Contrscts," “Covenants," “Dcdlcation," “i\iallce." "Notice," “'1‘rust." and ‘‘Warranty,’' see these titles.

Expressa. noeent, non exprossn non nocent. Things expressed are [may be] prejudicial; things not expressed are not. Express words are sometimes prejudicial, which, if omitted, had done no harm. Dig. 35, 1, 52; Id. 50, 17, 195. See Calvin.

Exp:-ease. non prnsnnt qua: non expressa prolletunt. 4 Coke. 73. The expression of things of which, if unexpresscd, one would have the benefit, is useless.

E1-pressio eon-um qua: tacite insnnt nihil operatnl‘. The expression or express mention of those things which are tacitly implied avails nothing. 2 Inst. 3631'. A man's own words are void, when the law spcaketh as much. Finch. Law, b. 1, c. 3, no. 26. Words used to express what the law will imply without them are mere words of abundance 5 Coke, 11.

Exp:-essio nninl est emolnsio alter-ins. The erpressiou of one thing is the exciusioa ot another. C0. Litt. 2104. The express mention at one thing [person or place] implies the exclusion of another.

Exprenio nnius persona: est exelnsio alterius. C0. Lint. 210. The mention of one person is the exciusion of another. See Broom, l\iax. 651.

Exprcssnnz facit censure tacitlnn. That which is expressed makes that which

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EXPUISION

is implied to cease, [that is, supersedes it, or controls its effect] Thus, an impiied covenant in a deed is in all cases controlled by an express covenant 4 Coke, 80; Broom. Max. 65].

Exrpx-essuza nervitinm regal: vel declaret taoitlnn. Let service expressed l'.l1e or declare what is silent

EXPROMISSIO. In the civil law. The speiies of noratiun by which a creditor accepts a new debtor, who becomes bound instead of the old, the latter being released 1 Bouv. Inst. no. 802.

EXPROMISSOR. In the civil law. A person who assumes the debt of another, and becomes solely liable for it, by a stipu- lation with the credltor. He dilfers from a suroty, i.uasmnch as this contract is one of notation, while a surety is jointly li.1ble with his principal. Mackeld. Rom. Law, § 538.

EXPROMITTERE. In the Civil lnW. To undertake for another, with the View of becoming liable in his place. Calvin.

EXPROPRIATION. This word proper- ly denotes a voluntary surrender of rights or claims; the act of divesting oneself or that which was previously ciaimed as one's own, or renouucmg it In this sense it is the opposite of “appropriation.” But :1 meaning has been attached to the term. imported from its use in foreign jurisprudence, nhich makes it synonymous with the exercise at the power at erni_uent domain, 1'. 6., the compulsory taking from 11 person. on compensation made, of his private property for the use of a railroad, canal, or other public work.

In French law. Expropriation is the compulsory realization of a debt by the crc<lltor out of the lands of.‘ his debtor, or the usufruct tlicreof. When the debtor is cotenant with others. it is necessary that a partition should first be made. It is confined, in the first place, to the lands (if nnyl that are in IumntIz(‘quc, but afterwards extends to the lands not in hypntluéq-xm. lume- over, the debt must be of a liquidated amount Brown.

EXPULSION. A putting or driving out The act of dcpriving a meruiler of :1 corporation legislative body, assembiy. society. com- me-rciai organization, etc., of his membership in the same, by a legal vote of the body itself, for breach of duty, improper conduct. or other sutficient cause. New York Protective A§’n v. .\lcGrath (Super. Ci) 5 N. Y. Supp. 10; Palmetto Lodge v. Hubbeil, 2 Snob. (S. C.) 462. 49 Am. Dec. (‘-(1-1 liso. in the law of torts and of landlord and tenant, an eviction or torcible putting out. See Ex-

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