Category: E

A promise about the character of an item made by a seller used in negotiations. Iti s part of the contract of sale for acceptance process. A seller doesn’t need to use the word warranty to make it one.

In the civil law. The species of novation by which a creditor acceptsa new debtor, who becomes bound instead of the old, the latter being released. 1 Bouv.Inst. no. 802.

In the civil law. A person who assumes the debt of another, andbecomes solely liable for it. by a stipulation with the creditor. lie differs from a surety,inasmuch as this contract is one of novation, while a surety is jointly liable with hisprincipal. Mackeld. Rom. Law,

This term is given to the person who takes over another person’s debt and releases from it.

In the civil law. To undertake for another, with the view ofbecoming liable in his place. Calvin.

1. To take private property for the use of the public. 2. Surrendering a claim to property.

This word properly denotes a voluntary surrender of rights orclaims; 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 hasbeen attached to the term, imported from its use in foreign jurisprudence, which makesit synonymous with the exercise of the power of eminent domain, i. e., the compulsorytaking from a person, on compensation made, of his private property for the use of arailroad, canal, or other public work.In French law. Expropriation is the compulsory realization of a debt by the creditorout of the lands of his debtor, or the usufruct thereof. When the debtor is co- tenantwith others, it is necessary that a partition should first be made. It Is confined. in thefirst place, to the lands (if any) that are in hypotheque, but afterwards extends to thelands not in hypnthdque. Moreover, the debt must be of a liquidated amount. Brown.

A putting or driving out. The act of depriving a member of a corporation,legislative body, assembly, society, commercial organization, etc., of his membershipin the same, by a legal vote of the body itsc-lf, for breach of duty, Improperconduct, or other sufficient cause. New York Protec- tive Ass’n v. McGrath (Super. Ct.) 5N. Y. Supp. 10; Palmetto Lodge v. Hubbell, 2 Strob. (S. C.) 402, 49 Am. Dec. 604. Also,in the law of torts and of landlord and tenant, an eviction or forcible putting out See EXPEL.

the term that is used when a unlawful offence has been done by an officer and he is removed from that office.

To blot out; to efface designedly; to obliterate; to strike out wholly.Webster. See CANCEL.