Blacks Law Dict. 1st ed

462

EXPRESSIO EORUM, ETC.

EXPORTATION

porting parcels or other movable property, in the capacity of common carriers. EXPRESS CONSIDERATION. A consideration which is distinctly and spe cifically named in the written contract or in the oral agreement of the parties. EXPRESS CONTRACT. A contract the terms of which are openly uttered or de clared at the time of making it. 2 Bl. Comm. 443; 2 Steph. Comm. 110. A contract made in distinct and explicit language, or by writ ing; as distinguished from an implied con tract. 2 Kent, Comm. 450. EXPRESS MALICE. Actual malice; malice in fact; a deliberate intention to com mit an injury, evidenced by external circum stances. EXPRESS TRUST. A trust created or declared in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties. Express trusts are those which are created in ex press terms in the deed, writing, or will, while implied trusts are those which, without being ex pressed, arededucible from the nature of the trans action, as matters of intent, or which are superin duced upon the transactions by operation of law, as matters of equity, independently of the particu lar intention of the parties. 66 Barb. 635. EXPRESS WARRANTY. One ex pressed by particular words. 2 Bl. Comm. 300. In the law of insurance. An agree ment expressed in a policy, whereby the as sured stipulates that certain facts relating to the risk are or shall be true, or certain acts relating to the same subject have been or shall be done. 1 Phil. Ins. (4th Ed.) p. 425. Expressa nocent, non expressa non nocent. Things expressed are [may bej 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. Expressa non prosunt quse non ex pressa proderunt. 4 Coke, 73. Tbe ex pression of things of which, if unexpressed, one would have the benefit, is useless. Expressio eorum quss tacite insunt nihil operatur. The expression or express mention of those things which are tacitly im plied avails nothing. 2 Inst. 365. A man's own words are void, when the law speaketh as much. Finch, Law, b. 1, c. 3, no. 26. Words used to express what the law will im~

EXPORTATION. The act of sending or carrying goods and merchandise from one country to another. EXPOSE, «. To show publicly; to ex hibit. EXPOSE, n. Fr. A statement; ac count; recital; explanation. The term is used in diplomatic language as descriptive of a written explanation of the reasons for a certain act or course of conduct. EXPOSITIO. Explanation; exposition; interpretation. Exposltio quse ex visceribus causes nascitur, est aptissima et fortissima in lege. That kind of interpretation which is born [or drawn] from the bowels of a cause is the aptest and most forcible in the law. 10 Coke, 246. EXPOSITION. Explanation; interpre tation. EXPOSITION DE PART. In French law. The abandonment of a child, unable to take care of itself, either in a public or private place. EXPOSURE OF PERSON. In crim inal law. Such an intentional exposure, in a public place, of the naked body or the pri vate parts as is calculated to shock the feel ings of chastity or to corrupt the morals of the community. EXPRESS. Made known distinctly and explicitly, and not left to inference or im plication. Declared in terms; set forth in words. Manifested by direct and appropri ate language, as distinguished from that which is inferred from conduct. The word is usually contrasted with "implied." EXPRESS ABROGATION. Abroga tion by express provision or enactment; the repeal of a law or provision by a subsequent one, referring directly to it. EXPRESS ASSUMPSIT. An under taking to do some act, or to pay a sum of money to another, manifested by express terms. EXPRESS COLOR. An evasive form of special pleading in a case where the de fendant ought to plead the general issue. Abolished by the common-law procedure act, 1852, (15 & 16 Viet. c. 76, § 64.) EXPRESS COMPANY. A firm or cor poration engaged in the business of trans

Archive CD Books USA