Black's Law Dictionary

A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction

One who ejects, puts out or dispossesses another. —Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action,

That which is thrown np by the sea. Also jetsam, wreck, etc.

In old English lsw. A whoremonger. Blount

In Spanish law. The name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It coresponds to the actio exercit

In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 15 Cal. 554.

Renouncing or resigning one's place.

Of the same kind, class or nature. In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration of persons or things, by words of a parti

It is his to interpret whose it is to enact. Tayl. Civil Law, 96.

He who can wlll, [exercise volition,] has a right to refuse to will, [to withhold consent.] Dig. 50, 7, 3.

He who has the dominion or advantage has the risk.

No guilt attaches to him who is compelled to obsy. Dig. 50, 17, 169, pr. Obedience to existing laws is a sufficient extenuation of guilt before a civil tribunal. Broom, Max. 12, no

In old European law. To gain, acquire or purchase, as by labar and industry.

Property which ls the acquisition of labor. Spelman.

A distinguished body of men, elected as masters of Trinity House, an institution incorporated In the reign of Henry VIII., charged with numerous importent duties relating to the ma

A title of earlier date, but coming simultaneously into operation with a title of younger origin, is called the "elder title," and prevails.

He or she who has the greatest age. The "eldest son" is the first-born son. If there ls only one son, he may still be described as the "eldest" L. R. 7 H. L. 644.

He who has chosen one way cannot have recourse to another. 10 Toull. no. 170.

The word "elected," in its ordinary signification, carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot be held the synonym of any other mod

The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.

Dyer, 281. Election Is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.

The act of choosing or selecting one or more from a greater number of persons, things, courses or rights. The choice of an alternative. Sinte v. Tucker, 54 Ala. 210. The internal,

In English law. Officers annually appointed, to whom was committed the duty of taking and publishing the account of ali expenses incurred at parliamentary elections. See 17 & 18 Vi

A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections. Chase v. Miller, 41 Pa. 420;

A name sometimes given to the provision which a law or statute makes for a widow in case she "elects" to rej'ect the provision made for her in the will and take what the statute ac

Elections should be made in due form, and freely, without any interruption. 2 Inst 169.

In English law. Judges of the high court selected in pursuance of 31 & 32 Viet. c. 125, § 11, and Jud. Act 18.73, § 38, for the trial of election petitions.

Petitions for inquiry into the validity of elections of members of parliament, when it is alleged that the return of a member is invalid for bribery or any other reason. These peti

Co. Litt. 146. Election once made, and pica witnessed, suffers not a recall.

Dependent upon choice; bestowed or passing by election. Also pertaining or relating to elections; cohferring the right or power to vote at elections. —Elective franchise. The right

The right of suffrage; the right or privilege of voting in public elections.

One which is to be filled by popular election. Rev. Laws Mass. 1902, p. 104, c. 11, § 1.

A duly qualified voter; one who has a vote in the choice of any officer; a constituent. Appeal of Cusick, 136 Pa. 459, 20 Atl. 574, 10 L. R. A. 228; Bergevin v. Curtz, 127 Cal. 86,

Pertaining to electors or elections; composed or consisting of electors. —Electoral college. The body of princes formerly entitled to elect the emperor of Germany. Also a name some

The body of princes formerly entitled to elect the emperor of Germany. Also a name sometimes given, in the United States, to the body of electors chosen by the people to elect the

Persons chosen by the people at a so-called "presidential election." to elect a president, and vice-president of the United States.

To put to death by passing through the body a current of electricity of high power. This term, descriptive of the method of inflicting the death penalty on convicted criminals in s

Possessions belonging to the church. Blount.

A penny which King Ethelred ordered to be paid for every plow in England towards the support of the poor. Leg. Ethel, c. 1.

The place in a religious house where the common aims were deposited, and thence by the almoner distributed to the poor. In old English law. The aumerie, aumbry, or ambry; words sti

In old English law. An almoner or chief officer, who received the eleemosynary rents anl gifts, and in due method distributed them to pious and charitable uses. Cowell; Wharton. Th

Relating to the distribution of alms, bounty or charity; charitable. —Eleemosynary corporations. See Corporations.

See Corporations.

In the civil law. Accurately ; with discrimination. Veazie v. Willlams, 3 Siprv 611, 636, Fed. Cas. No. 16,907.

(Lat. He has chosen.) This is the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I. c. 18) either upon a judgment for a debt or d

The forces of nature. The elements are the mcans through which God acts, and "damages by the elements" means the same thing as "damages by the act of God." Polack v. Pioche, 35 Cal

As applled to a candidate for an elective offico, this term'mcans capable of being chosen; the subject of selection or choice; and also implies competency to hold the office if cho

In old English law. The act of banishing or turning out of doors; rejection.

The punishment of cutting out the tongue.

In practice. Electors or choosers. Persons appointed by the court to execute writs of venire, in cases where both the sheriff and coroner are disqualified from acting, and whose du

A measure of length, answering to the modern yard. 1 Bl. Comm. 275.

In the civil law. A will or testament.

In practice. (Fr. Eloigner, to remove to a distance; to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff.

The getting a thing or person out of the way ; or removing it to a distance, so as to be out of reach. Garneau v. Mill Co., 8 Wash. 467, 36 Pac. 463.

In practice. Eloigned; carried away to a distance. The old form of the return made by a sheriff to a/writ of replevin, stating that the goods or beasts had bcen eloigned; that is,

Eloigned. A return made by a sheriff to a writ de homine replegiando, stating that the party to be replevied has been eloigned or conveyed out of his jurisdiction. 3 Bl. Comm. 129.

In England, where in a proceeding by foreign attachment the plaintiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be appraise

The act of a wife who voluntarily deserts her husband to cohabit with another man. 2 Bl. Comm. 130. To constitute an elopement, the wife must not only leave the husband, but go bey

In another place; in any other place. See 1 Vern. 4, and note. In shipping articles, this term, following the designation of the port of destination, must be construed either as vo

In old plcading. Spring tides. Townsh. PI. 197.

The act by which one who was unfree or under the power and control of another, is set at liberty and made his own master. Fremont v. Sandown, 56 N. H. 303; Porter v. Powell, 79 Iow

An' executive proclamation, declaring that all persons held in slavery in certain designated states and districts were and shonid remain free. It was issued January 1, 1863, by Abr

A proclamation or order of state, usually issued in time of war or threatened hostilities, prohibiting the departure of ships or goods from some or all the ports of such state unti

See Ambassador.

The message or commission given by a sovereign or state to a minister, calied an "ambassador," empowered to treat or communicate with another sovereign or state; also the establish

In ecclesiastical law. Those days which the ancient fathers calied "quatuor tempora jejunii" are of great antiquity in the church. They are observed on Wednesday, Friday, and Satur

The fraudulent appropriation to his own use or benefit of property or money intrusted to him by another, by a clerk, agent, trustee, public officer or other person acting in a fidu

In the Roman law. Alterations, modifications, and additions to the writings of the older jurists, selected to make up the body of the Pandects, introduced by Tribonian and his asso

The vegetable chattels called "emblements" are the corn and other growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are call

L Fr. A stealing from the people. The phrase occurs in the old rolis of parliament: "Whereas divers murders, emblers de gentz, and robberies are committed," etc.

In medical jurisprudence. The mechanical obstruction of an artery or capillary by some body traveling in the blood current, as, a blood-clot (embolus), a globule of fat or an air-b

A person guilty of the offense of embracery, (q. v.) See Co. Litt. 369.

In criminal law. This offense consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertainments, douceurs, and th

Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman.

An old word still made use of in the accounts of the society of the Inner Temple, where so much in emendals at the foot of an account on the balance thereof signifies so much money

In Saxon law. To make amends or satisfaction for any crime or trespass committed; to pay a fine; to be fined. Speiman. Emendare se, to redeem or ransom one's life, by payment of a

In old English law. Amendment, or correction. The power of amending and correcting abuses, according to certain rules and measures. Cowell. In Saxon law. A pecuniary satisfaction f

In old English law. The power of supervising and correcting the weights and measures of bread and ale, (assising bread and beer.) Cowell.

To arise; to come to light. "Unices a matter happen to emerge after issue joined." Hale, Anal. § 1.

The epoch or date whence any people begin to compute their time.

One who quits his country for any lawful reason, with a design to settle elsewhere, and who takes his famlly and property, if he has any, with hiin. Vat-tel, to. 1, c. 19, § 224. S

The act of changing one's domiclle from one country or sinte to another. It is to be distinguished from "expatriation." The latter means the abandonment of one's country and renunc

An honorary title given to cardinals. They were called "illustrissimi" and "reverendissimi" until the pontificate of Urban VIIL

Eminent domain is the right of the pcople or government to take private property for public use. Code Civ. Proc. Cal. § 1237; Cherokee Nation v. Southern Kan. R. Co. (D. C.) 33 Fed

A person sent upon a mission as the agent of another; also a secret agent sent to ascertain the sentiments and designs of others, and to propagate opinions favorable to his employe

In medical jurisprudence. The ejection or throwing out of any secretion or other matter from the body; the expulsion of urine, semen, etc.

In American law. To put forth or send out; to issue, "No state shall emit bills of credit." Const. U. S. art. 1, § 10. To issue; to give forth with authority; to put into circulati

In medical jurisprudence. The name of a class of medicines supposed to have the property of promoting the menstrual discharge, and sometimes used for the purpose of procuring abort

The profit arising from office or employment; that which is recoived as a compensation for services or which is annexed to the possession of office as salary, fees, and perquisites

The species of mental aberration producod by a violent excitement of the emotions or passions, though the reasoning faculties may remain unimpaired. See Insanity.

In ancient law. A mode of inflicting punishment, by thrusting a sharp pole up the fundament. Enc. Lond.

See Imfanel.

See Imparlance.

In Fr. Undertakers of suite. Kelham.

The title of the sovereign ruler of an empire. This designation was adopted by the rulers of the Roman world after the decay of the republic, and was assumed by those who claimed t

In the Roman and civil law. A contract by which a landed estate was leased to a tenant, either in perpetuity or for a long term of years, upon the reservation of an annual rent or

In the civil law. The person to whom an emphyteusis ls granted; the lessee or tenant under a contract of emphyteusis.

In the civll law. Founded on, growing out of or having the character of, an emphyteusis; held under an emphyteusis. 3 Bl. Comm. 232.

The dominion or jurisdiction of an emperor; the region over which the dominion of an emperor extends; imperial power; supreme dominion; severeign command.

A practitioner in medicine or surgery, who proceeds on experience only, without science or legal qualification; a quack. Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501,