KFLCC Kingdom Law 2nd Ed.

EXPULSION

468

EXPRESS

is implied to cease, [that is, supersedes it, or controls its effect] Thus, an implied covenant in a deed is in all cases controlled by an express covenant 4 Coke, 80; Broom, Max. 651. Expressnm 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 stipu lation with the creditor. He differs from a surety, inasmuch as this contract is one of novation, while a surety is jointly liable with his principal. Mackeld. Rom. Law, S 538. In the civil law. 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 of that which was previously claimed as one's own, or renouncing it. In this sense it is the opposite of "appropriation." But a mean ing has been attached to the term, imported from its use in foreign jurisprudence, which makes it synonymous with the exercise of the power of eminent domain, i. e., the com pulsory taking from a person, on compensa tion 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 cred itor out of the lands of his debtor, or the usufruct thereof. When the debtor is co tenant with others, It is necessary that a partition should first be made. It is confin ed, in the first place, to the lands (if any) that are in hypoth&que, but' afterwards ex tends to the lands not in Jiypoth&que. More over, the debt must be of a liquidated amount Brown. EXPUIiSION. 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 member ship in the same, by a legal vote of the body itself, for breach of duty, improper conduct, or other sufficient cause. New York Protec* tive Ass'n v. McGrath (Super. Ct.) 5 N. Y. Supp. 10; Palmetto Lodge v. Hubbell, 2 Strob. (S. O.) 462, 49 Am. Dec. 604. Also, In the law of torts and of landlord and tenant, an eviction or forcible putting out See EX PEL. EXPROMITTERE.

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." State v. Denny, 118 Ind. 449, 21 N. E. 274, 4 L. R. A. 65. — Express abrogation. Abrogation by ex press provision or enactment; the repeal of a law or provision by a subsequent one, referring directly to it.— Express assumpsit. An un dertaking 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 defendant ought to plead the general issue. Abolished by the common-law procedure act, 1852, (15 & 16 Vict. c. 76, § 64.)— Express company. A firm or corporation engaged in the business of trans porting parcels or other movable property, in the capacity of common carriers, and especially undertaking the safe carriage and speedy de livery of small but valuable packages of goods and money. Alsop v. Southern Exp. Co., 104 N. 0/278, 10 S. E. 297, 6 L. R. A. 271; Pfis ter v. Central Pac. Ry. Co., 70 Cal. 169, 11 Pac. 686, 59 Am. Rep. 404.— Express consid eration. A consideration which is distinct ly and specifically named in the written con tract or in the oral agreement of the parties. As to express "Conditions," "Contracts," "Covenants," "Dedication," "Malice," "No tice," "Trust," and "Warranty," see those titles. Expressa nocent, non expressa 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. Expressa non prosnnt quae non ex pressa proderunt. 4 Coke, 73. The ex pression of things of which, if unexpressed, one would have the benefit, is useless. Expressio eomm quae tacite insnnt nihil operatnr. The expression or express mention of those things which are tacitly Implied 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 imply without them are mere words of abundance. 5 Coke, 11. Expressio unius est exclnsio alterins. 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 exclnsio alterins. Co. Litt. 210. The mention of one person is the exclusion of another. See Broom, Max. 651. Expressnm facit cessare taciturn. That which is expressed makes that which