EXPRESS

Made known distinctly and explicitly, and not left to inference or im· plication. Declared 1n terms; set forth in words. Manifested by direct and appropriate 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. -Expre abrogation. Abrogation by expre provision or enactment; the repeal of a law or provision by a subsequent on.e, referring directly to it.-Expre a umpsit, An undertaking to do some act, or to pay a sum of money to another, manifested by expre terms. -Expre■s color. An evasive form of special pleading in a case where the defendant ought to plead the general I ue. Abolished by the common-law procedure act, 1852, (15 & 16 Viet. c. 76, § 64.)-Expre comp a.ny.,A firm or corporation engaged in. the busine of transporting parcels or other movable property, in the capacity of common carriers, and especially undertaking the safe carriage and speedy. delivery of small but valuable packages of goods and money. Alsop v. Southern Exp. Co., 104 N. C. 278, 10 S. E. 297, 6 L. R. A. 271; Pfister v. Central Pac. Ry. Co., 70 Cal. 169, l1 Pac. 686, 59 Am. Rep. 404.-Expre consideration. B. consideration which is distinctly and specifically named in the written contract or in the oral agreement of the parties. As to expre "Conditions," "Contracts," "Covenants," "Dedication," "Malice,"."Notice," "Trust," and "Warranty," see those titles. Expre a nocent, non expre1111a. DOD nocent. Things expre ed are [may beJ prejudicial; things not expre ed are not. Expre words are sometimes prejudicial, which, it omitted, had done no harm. Dfg. 85, 1, 52; Id. 50, 17, 195. See Calvin. Expre1111a DOD prosunt qum non expre a proderunt. 4 Coke, 73. The expre ion of things of which, it unexpre ed, one would have the benefit, is usele . Expresdo eorum. qure ta.cite ln1unt nihil operatur. The expre ion or expre 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 expre what the law will imply without them are mere words of abundance. 5 Coke, 11. Expre io UDiUII est exclllllio a.lteriu1, The expre ion of one thing is the exclusion of another. Co. Litt. 210a. The expre mention of one thing [person or place] implies the exclusion of another. Exp:re■-io uniu1 per■onm eat ezolu1io a.lteriU11, Co. Litt. 210. The mention of one person is the exclusion of a,nother. · See Broom, Max. 65L Ezp:rH■'IUJI faelt ce■■-e taoltum. That:. which II expre ed makee that which [s. 474]