英文法律词典 E-44

EXPENSAE LITIS. Expenses of the suit; the costs which are generally allowed to the successful party.

EXPERTS. From the Latin experti,which signifies, instructed by experience. Persons who are selected by the courts or the parties in a cause on account of their knowledge or skill, to examine, estimate, and ascertain¹ things, and make a report of their opinions. Merl. Repert. mot Expert; 2 Lois des Batimens, 253; 2 N. S. 1 5 N.. S. 557; 3 L. R. 350; 11 L. R. 314 11 S. & R. 336; Ray. Med. Jur. Prel. Views, §29; 3 Bouv. Inst. n. 3208.

EXPILATION, civil law. The crime of abstracting the goods of a succession.

2. This is said not to be a theft, because the property no longer belongs to the deceased, nor to the heir before he has taken possession. In the common law, the grant of letters testamentary, or letters of administration, relate back to the time of the death of the testator or intestate, so that the property of the estate is vested in the executor or administrator² from that period.

EXPIRATION³. Cessation; end. As, the expiration of, a lease, of a contract, or statute⁴.

2. In general, the expiration of a contract puts an end to all the engagements of the parties, except to those which arise from the non-fulfilinent of obligations created during its existence. For example, the expiration of a partnership⁵ so dissolves it, that the parties cannot in general create any new liability, but it still subsists⁶, to enable the parties to fulfil engagements in which the partners have engaged, or to compel others to perform their obligations towards them. See Dissolution; Contracts.

3. When a statute is limited as to time, it expires by mere⁷ lapse⁸ of time, and then it has no force whatever; and, if such a statute repealed⁹ or supplied a former statute, the first statute is, i so facto, revived by the expiration of the repealing¹⁰ statute; 6 Whart. 294; 1 Bland¹¹, R. 664 unless it appear that such was not the intention of the legislature. 3 East, 212 Bac. Ab. Statute, D.

EXPORTATION, commercial law. The act of sending goods and merchandise from one country to another. 2 Mann. & Gran. 155; 3 Mann. & Gran. 959.

2. In order to preserve equality among the states, in their commercial relations, the constitution provides that " no tax or duty shall be laid on articles exported from any state." Art. 1, s. 9. And to prevent a pernicipus interference with the commerce of the nation, the 10th section of the 1st article of the constitution contains the following prohibition¹²: " No state shall, without the consent of congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection¹³ laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury¹⁴ of the United States; and all such laws shall be subject to the revision and control of the congress." Vide 12 Wheat. 419; and the article Importation.

EXPOSE' A French word, sometimes applied¹⁵ to a written document, containing the reasons or motives¹⁶ for doing a thing. The word occurs in diplomacy¹⁷.

EXPOSITION DE PART, French law. The abandonment of a child, unable to take care of itself, either in a public or private place.

2. If the child thus exposed should be killed in consequence of such exposure; as, if it should be devoured¹⁸ by animals, the person thus exposing it would be guilty of murder. Rose. Cr. Ev. 591.