Expressio

Z. Expression;, distinct mention pressio eorum qusB tacite insnnt nihil or express mention of those things whicli nothing. Expressio uuius est exclusio of one thing is the exclusion of another.

Lat. [from exprimere, to express.] Expression; distinct mention in words or writing. Expressio eorum quae tacite insunt nihil operatur. The expression or express mention of those things which are tacitly implied, avails nothing. 2 Inst. 365. Words used to express what the law will imply without them, are mere words of abundance. 6 Co. 11. Thus, if land be let to two persons for the term of their lives, this creates a joint tenancy; and if the words "and the survivor of them" are added, they will be mere surplusage, because, by law, the term would go to the survivor. Co. Litt. 191 a. 4 B. & Ald. 306. Broom's Max. 286. Expressio unius est exclusio alterius. The expression of one thing is the exclusion of another. The express mention of one thing [person or place] implies the exclusion of another. See Designatio unius est exclusio alterius. This is a leading maxim in the construction of deeds, and the foundation of the rule that an implied covenant is in all cases controlled within the limits of an express covenant. 4 Co. 80 b. Broom's Max. 278, 279, and note. It is a maxim also in the construction of statutes. Story, J., 3 Story's R. 87, 89. But it has been held not to apply in construing the Constitution of the United States. Federalist, No. 83. For other applications of this maxim, see 1 Story's Eq. Jur. § 102. Story on Bailm. § 650. Story on Partn. § 209. Shaw, C. J., 2 Metcalf's R. 234, 241.