This word properly 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 meaning 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 compulsory taking from a person, on compensation made, of his private property for the use of a railroad, canal, or other public work
Source: Black’s Law Dictionary 2nd Ed (1910)
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. V
Source: Black’s Law Dictionary 2nd Ed (1910)
In the civil law. A person who assumes the debt of another, and becomes solely liable for lt, by a stipulation with the creditor. He differs from a surety, inasmuch as tills contract is one of novation, while a surety is jointly liable with his principal. Mackeld. Rom. Law,
Source: Black’s Law Dictionary 2nd Ed (1910)
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 I
Source: Black’s Law Dictionary 2nd Ed (1910)
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
Source: Black’s Law Dictionary 2nd Ed (1910)
In French law. The abandonment of a child, unable to take care of itself, either in a public or prlvate place
Source: Black’s Law Dictionary 2nd Ed (1910)
The act or state of exposing or being exposed. See Expose
Source: Black’s Law Dictionary 2nd Ed (1910)
The act of sending or carrying goods and merchandise from one country to another
Source: Black’s Law Dictionary 2nd Ed (1910)
A sudden and rapid com-bustion, causing violent expansion of the air, and accompanied by a report
Source: Black’s Law Dictionary 2nd Ed (1910)
In the civU law. The fourth pleading; equivalent to the surre-joinder of the common law. Calvin
Source: Black’s Law Dictionary 2nd Ed (1910)
In mining law. The examination and investigation of land sup-posed to contain valuable minerals, by drilling, boring, sinking shafts, driving tunnels, and other means, for the purpose of discovering the presence of ore and Its extent Colvin v. weimer, 64 Minn. 37, 65 N. W. 1079
Source: Black’s Law Dictionary 2nd Ed (1910)
EXPLETIA, or EXPLE-GIA. In old records. The rents and profits of an estate
Source: Black’s Law Dictionary 2nd Ed (1910)
Cessation; termination from mere lapse of time; as the expiration of a lease, or statute, and the like. Mar-shall v. Rugg, 6 wyo. 270, 45 Pac. 486. 33 L. R. A. 679; Bowman v. Foot. 29 Conn. 338; Stuart v. Hamilton, G6 111. 255; Farn-um v. Platt. 8 Pick. (Mass.) 341, 19 Am. Dec. 330
Source: Black’s Law Dictionary 2nd Ed (1910)
In Scotch law and practice. Expiration of the period within which an adjudication may be re-deemed. by paying the debt lu the decree of adjudication. Bell
Source: Black’s Law Dictionary 2nd Ed (1910)
In the civil law. The offense of unlawfully appropriating goods belonging to a succession. It is not technic-ally theft (furtum) because such property no longer belongs to the decedent, nor to the heir, since the latter has not yet taken pos-session
Source: Black’s Law Dictionary 2nd Ed (1910)
In the civil lnw. A robber ; a spoiler or plunderer. Expilutorcs sunt atrociores fures. Dig. 47, 18, 1, 1
Source: Black’s Law Dictionary 2nd Ed (1910)
Persona examined as witnesses in a cause, who testify in regard to some professional or technical matter arising in the case, and who are permitted to glve their opinions as to such matter on account of their speclal training, skill, or famlllarity with it
Source: Black’s Law Dictionary 2nd Ed (1910)
In the civil law. To spoil; to rob or plunder. Applied to inheritances. Dig. 47, 19; Cod. 9, 32
Source: Black’s Law Dictionary 2nd Ed (1910)
Au aucient writ to prohibit the sher-iff from levying any allowance for knights of the shire upon those who held lands in ancient demesne. Reg. orig. 261
Source: Black’s Law Dictionary 2nd Ed (1910)
In patent law, either a trial of an uncompleted mechanical structure to ascertain what changes or additions may be necessary to make it accomplish the design of the projector, or a trial of a complet-ed machine to test or illustrate its practical efficiency. In the former case, the inventor’s efforts, being incomplete, if they are then abandoned, will have no effect upon the right of a subsequent inventor; but if the experi-ment proves the capacity of the machine to effect what its inventor proposed, the law assigns to him the merit of having produced a complete invention. Northwestern Fire Ex-tinguisher Co. v. Philadelphia Fire Extinguisher Co., 10 Phila. 227, 18 Fed. Cns. 394
Source: Black’s Law Dictionary 2nd Ed (1910)
Paymasters. Thoee who expend or disburse certain taxes. Es-pecially the sworn officer who supervised the repairs of the banks of the canals in Romney Marsh. Cowell
Source: Black’s Law Dictionary 2nd Ed (1910)