英文法律词典 E-45
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EXPRESS. That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Co. Litt. 183; 1 Bouv. Inst. n. 97.

EXPRESSION. The term or use of language employed to explain a thing.

2. It is a general rule, that expressions shall be construed1, when they are capable of several significations, so as to give operation to the agreement, act, or will, if it can be done; and an expression is always to be understood in the sense most agreeable to the nature of the contract. Vide Clause; Construction; Equivocal; Interpretation2; Words.

EXPROMISSION, civil law. The act by which a creditor3 accepts a new debtor4, who becomes bound instead of the old, the latter being released. It is a species of novation. (q. v.) 1 Bouv. Inst. n. 802. Vide Delegation5.

EXPROMMISSOR, civil law. By this term is understood the person who alone becomes bound for the debt of another, whether the latter were obligated or not. He differs from a surety, who is bound together with his principal. Dig. 12, 4, 4; Dig. 16, 1, 13; Id. 24, 3, 64, 4; Id. 38, 1, 37, 8.

EXPULSION. The act of depriving a member of a body politic6, corporate7, or of a society, of his right of membership therein, by the vote of such body or society, for some violation8 of hi's. duties as such, or for some offence which renders him unworthy of longer remaining a member of the same.

2. By the Constitution of the United States, art. 1, s. 5, §2, each house may determine the rules of its proceedings9, punish its members for disorderly behaviour, and, with the concurrence10 of two-thirds' expel a member. In the case of John Smith, a senator from Ohio, who was expelled from the senate in 1807, the committee made a report which embraces the following points:

3. - 1. That the senate may expel a member for a high misdemeanor, such as a conspiracy11 to commit treason. Its authority is not confined to an act done in its presence.

4. - 2. That a previous conviction is, not requisite12, in order to authorize13 the senate to expel a member from their body, for a high: offence against the United States.

5. - 3. That although a bill of indictment14 against a party for treason and misdemeanor has been abandoned, because a previous indictment against the principal party had terminated in an acquittal, owing to the inadmissibility of the evidence upon that indictment, yet the senate may examine the evidence for themselves, and if it be sufficient to satisfy their. minds that the party is guilty of a high misdemeanor it is a sufficient ground of expulsion.

6. - 4. That the 6th and 6th articles of the amendments15 of the Constitution of the United States, containing the general rights and privileges of the citizen, as to criminal prosecutions16, refer only to prosecutions at law, and do not affect the jurisdiction17 of the senate as to expulsion.

7. - 5. That before a committee of the senate, appointed to report an opinion relative to the honor and privileges of the senate, and the facts respecting the conduct of the member implicated18, such member is not entitied to be heard in his defence by counsel, to have compulsory19 process for witnesses, and to be confronted with his accusers. It is before the senate that the member charged is entitled to be heard.

8. - 6. - In determining on expulsion, the senate is not bound by the forms of judicial20 proceedings, or the rules of judicial evidence; nor, it seems, is the same degree of proof essential which is required to convict of a crime. The power of expulsion must, in its nature, be discretionary, and its exercise of a more summary character. 1 Hall's Law Journ. 459, 465.

9. Corporations have the right of expulsion in certain cases, as such power is necessary to the good order and government of corporate bodies; and the cases in which the inherent power may be exercised are of three kinds. 1. When an offence is committed which has no immediate21 relation to a member's corporate duty, but is of so infamous22 a nature as renders him unfit for the, society of honest men; such as the offences of perjury23, forgery24, and the like. But before an expulsion is made for a cause of this kind, it is necessary that there should be a previous conviction by a jury, according to the law of the land. 2. When the offence is against his duty as a corporator, in which case he may be expelled on trial and conviction before the corporation. 3. The third is of a mixed nature, against the member's duty. as a corporator, and also indictable by the law of the land. 2 Binn.448. See, also, 2 Burr., 536.

10. Members of what are called joint25 stock incorporated companies, or indeed members of any corporation owning property, cannot, without express authority in the charter, be expelled, and thus deprived of their interest in the general fund. Ang. & Ames on Corp. 238. See; generally, Ang. & Ames on Corp. ch. 11; Willcock, on Mun. Cor . 270; 1 Co. 99; 2 Bing. 293.; 5 Day 329; Sty. 478; 6 Conn. R. 532; 6 Serg. & Rawle, 469; 5 Binn. 486.



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1 construed b4b2252d3046746b8fae41b0e85dbc78     
v.解释(陈述、行为等)( construe的过去式和过去分词 );翻译,作句法分析
参考例句:
  • He considered how the remark was to be construed. 他考虑这话该如何理解。
  • They construed her silence as meaning that she agreed. 他们把她的沉默解释为表示赞同。 来自《简明英汉词典》
2 interpretation P5jxQ     
n.解释,说明,描述;艺术处理
参考例句:
  • His statement admits of one interpretation only.他的话只有一种解释。
  • Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。
3 creditor tOkzI     
n.债仅人,债主,贷方
参考例句:
  • The boss assigned his car to his creditor.那工头把自己的小汽车让与了债权人。
  • I had to run away from my creditor whom I made a usurious loan.我借了高利贷不得不四处躲债。
4 debtor bxfxy     
n.借方,债务人
参考例句:
  • He crowded the debtor for payment.他催逼负债人还债。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
5 delegation NxvxQ     
n.代表团;派遣
参考例句:
  • The statement of our delegation was singularly appropriate to the occasion.我们代表团的声明非常适合时宜。
  • We shall inform you of the date of the delegation's arrival.我们将把代表团到达的日期通知你。
6 politic L23zX     
adj.有智虑的;精明的;v.从政
参考例句:
  • He was too politic to quarrel with so important a personage.他很聪明,不会与这么重要的人争吵。
  • The politic man tried not to offend people.那个精明的人尽量不得罪人。
7 corporate 7olzl     
adj.共同的,全体的;公司的,企业的
参考例句:
  • This is our corporate responsibility.这是我们共同的责任。
  • His corporate's life will be as short as a rabbit's tail.他的公司的寿命是兔子尾巴长不了。
8 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
9 proceedings Wk2zvX     
n.进程,过程,议程;诉讼(程序);公报
参考例句:
  • He was released on bail pending committal proceedings. 他交保获释正在候审。
  • to initiate legal proceedings against sb 对某人提起诉讼
10 concurrence InAyF     
n.同意;并发
参考例句:
  • There is a concurrence of opinion between them.他们的想法一致。
  • The concurrence of their disappearances had to be more than coincidental.他们同时失踪肯定不仅仅是巧合。
11 conspiracy NpczE     
n.阴谋,密谋,共谋
参考例句:
  • The men were found guilty of conspiracy to murder.这些人被裁决犯有阴谋杀人罪。
  • He claimed that it was all a conspiracy against him.他声称这一切都是一场针对他的阴谋。
12 requisite 2W0xu     
adj.需要的,必不可少的;n.必需品
参考例句:
  • He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
  • Food and air are requisite for life.食物和空气是生命的必需品。
13 authorize CO1yV     
v.授权,委任;批准,认可
参考例句:
  • He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。
  • Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。
14 indictment ybdzt     
n.起诉;诉状
参考例句:
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
  • They issued an indictment against them.他们起诉了他们。
15 amendments 39576081718792f25ceae20f3bb99b43     
(法律、文件的)改动( amendment的名词复数 ); 修正案; 修改; (美国宪法的)修正案
参考例句:
  • The committee does not adequately consult others when drafting amendments. 委员会在起草修正案时没有充分征求他人的意见。
  • Please propose amendments and addenda to the first draft of the document. 请对这个文件的初稿提出修改和补充意见。
16 prosecutions 51e124aef1b1fecefcea6048bf8b0d2d     
起诉( prosecution的名词复数 ); 原告; 实施; 从事
参考例句:
  • It is the duty of the Attorney-General to institute prosecutions. 检察总长负责提起公诉。
  • Since World War II, the government has been active in its antitrust prosecutions. 第二次世界大战以来,政府积极地进行着反对托拉斯的检举活动。 来自英汉非文学 - 政府文件
17 jurisdiction La8zP     
n.司法权,审判权,管辖权,控制权
参考例句:
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
18 implicated 8443a53107b44913ed0a3f12cadfa423     
adj.密切关联的;牵涉其中的
参考例句:
  • These groups are very strongly implicated in the violence. 这些组织与这起暴力事件有着极大的关联。 来自《简明英汉词典》
  • Having the stolen goods in his possession implicated him in the robbery. 因藏有赃物使他涉有偷盗的嫌疑。 来自《现代汉英综合大词典》
19 compulsory 5pVzu     
n.强制的,必修的;规定的,义务的
参考例句:
  • Is English a compulsory subject?英语是必修课吗?
  • Compulsory schooling ends at sixteen.义务教育至16岁为止。
20 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
21 immediate aapxh     
adj.立即的;直接的,最接近的;紧靠的
参考例句:
  • His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
  • We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。
22 infamous K7ax3     
adj.声名狼藉的,臭名昭著的,邪恶的
参考例句:
  • He was infamous for his anti-feminist attitudes.他因反对女性主义而声名狼藉。
  • I was shocked by her infamous behaviour.她的无耻行径令我震惊。
23 perjury LMmx0     
n.伪证;伪证罪
参考例句:
  • You'll be punished if you procure the witness to commit perjury.如果你诱使证人作伪证,你要受罚的。
  • She appeared in court on a perjury charge.她因被指控做了伪证而出庭受审。
24 forgery TgtzU     
n.伪造的文件等,赝品,伪造(行为)
参考例句:
  • The painting was a forgery.这张画是赝品。
  • He was sent to prison for forgery.他因伪造罪而被关进监狱。
25 joint m3lx4     
adj.联合的,共同的;n.关节,接合处;v.连接,贴合
参考例句:
  • I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤,肩膀脫臼了。
  • We wrote a letter in joint names.我们联名写了封信。
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