Blacks Law Dict. 1st ed

463

EXPRESSIO UNIUS,

EXTENSION

ply without them are mere words of abun dance. 5 Coke, 11. Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. Co. Litt. 210a. The express mention of one thing [person or place] im plies the exclusion of another. Expressio unius personse est exclusio alterius. Co. Litt. 210. The mention of one person is the exclusion of another. See Broom, Max. 651. Expressum facit oessare taciturn. That which is expressed makes that which is implied to cease, [that is, supersedes it, or controls its effect.] Thus, an implied cove nant in a deed is in all cases controlled by an express covenant. 4 Coke, 80; Broom, Max. 651. Expressum servitium regat vel de claret taciturn. Let service expressed rule or declare what is silent. EXPROMISSIO. In the civil law. The species of novation by which a creditor ac cepts a new debtor, who becomes bound in stead 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 stipulation with the creditor. He differs from a surety, inasmuch as this contract is one of novation, while a surety is jointly liable with his prin cipal. Mackeld. Bom. Law, § 538. EXPROMITTERE. In the civil law. To undertake for another, with the view of becoming liable in his place. Calvin. EXPROPRIATION. This word prop erly denotes a voluntary surrender of rights or claims; the act of divesting oneself of that which was previously claimed as one's own, or renouncing it. In this sense it is the op posite of "appropriation." But a meaning has been attached to the term, imported from its use in foreign jurisprudence, which makes ft synonymous with the exercise of the power of eminent domain, i. «., the compulsory taking from a person, on compensation made, of his private property for the use of a rail road, canal, or other public work. In French law. Expropriation is the compulsory realization of a debt by the cred itor out of the lands of his debtor, or the usu fruct thereof. When the debtor is co-tenant with others, it is necessary that a partition should first be made. It is confined, in the

first place, to the lands (if any) that are in hypotlieque, but afterwards extends to the lands not in hypotheque. Moreover, the debt must be of a liquidated amount. Brown. EXPULSION". A putting or driving out. The act of depriving a member of a corpora tion, legislative body, assembly, society, com mercial organization, etc., of his membership in the same, by a legal vote of the body it self, for breach of duty, improper conduct, or other sufficient cause. EXPUNGE. To blot out; to efface de signedly; to obliterate; to strike out wholly. Webster. EXPURGATION. The act of purging or cleansing, as where a book is published without its obscene passages. EXPURGATOR. One who corrects by expurging. EXQU-SISTOR. In Roman law. One who had filled the office of qucestor. A title given to Tribonian. Inst. procem. § 3. Used only in the ablative case, (exqucestore.) EXROGARE. (From ex, from, and TO gare, to pass a law.) In Roman law. To take something from an old law by a new law. Tayl. Civil Law, 155. EXTEND. In English practice. To value the lands or tenements of a person bound by a statute or recognizance which has become forfeited, to their full extended value. 8 Bl. Comm. 420; Fitzh. Nat. Brev. 131. To execute the writ of extent or extendi fa cias, (q. t>.) 2 Tidd, Pr. 1043, 1044. In taxation. Extending a tax consists in adding to the assessment roll the precise amount due from each person whose name appears thereon. " The subjects for taxation having been properly listed, and a basis for apportionment established, nothing will re main to fix a definite liability but to extend upon the list or roll the several proportionate amounts, as a charge against the several taxa bles." Cooley, Tax'n, (2d Ed.) 423. EXTENDI FACIAS. Lat. You cause to be extended. In English practice. The name of a writ of execution, (derived from its two emphatic words;) more commonly called an "extent." 2 Tidd, Pr. 1043; 4 Steph. Comm. 43. EXTENSION. In mercantile law. An allowance of additional time for the payment of debts. An agreement between a debtor and his creditors, by which they allow him

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