Bouvier's Law Dictionary and Concise Encyclopedia

A gold coin of the United States of the value of ten dollars. It weighs two hundred and fifty-eight grains of standard fineness; that is to say, of one thousand parts by weight, ni

In English Law. A title of nobility next below a marquis and above a viscount Earls were anciently called comites, because they ment of a shire. After the Norman conquest they were

The dignity or jurisdiction of an earl. The dignity only remains now, as the jurisdiction has been given over to the sheriff; 1 Bla. Com. 339.

Said to be a false spelling for ealdorman. Cent. Diet. But see 2 Holdsw. Hist. E. L. 29, giving Earldorman.

An officer who formerly was of great repute in England. He held the court of chivalry alone as a court of honor, and in connection with the lord high constable as a court having cr

In the county court and in every hundred court the king was entitled to but two-thirds of the proceeds of justice and the earl got the other third, except perhaps in some exception

A mark put upon a thing for the purpose of distinction. Money in a bag tied and labelled is said to have an earmark. 3 Maule & S. 575. Also used in equity in respect of property or

The payment of a sum of money or delivery of a thing or token, upon the making of a contract for the sale of goods, to bind the bargain, the delivery and acceptance of which marks

The word has been used to denote a larger class of credits than would be included in the term wages. Jenks v. Dyer, 102 Mass. 235; Somers v. Keliher, 115 Mass. 1G5. See Jason v. An

Clay, gravel, loam and the like, in distinction from the firm rock. The term also Includes hard pan, which is a bar'! turn of earth. Dickinson v. City of Poughkecpsie, 75 N. Y. 70.

One who attests to things he has heard himself.

A right in the owner of one parcel of land, by reason of such ownership, P> use the laud of another for a special purpose ii"t Inconsistent with a general property in the owner. 2

When this word is used alone it will be construed to mean due east; but this is a rule of necessity, growing out of the indefiniteness of the term and has no application where othe

In English Law. Formerly one of the four movable terms of the courts, but afterwards a fixed term, beginning on the 15th of April and ending on the Sth of May in every year, though

Words used on an acquittal, or when a prisoner is to be discharged, that he may go without day; that is that he be dismissed. Dane, Abr. Index.

In Criminal Law. Such persons as wait under walls or windows or the eaves of a house, to listen to discourses and thereupon to frame mischievoustales. The common-law punishment for

An expression used formerly in this country to denote the limits of admiralty jurisdiction. As to jurisdiction as founded on ebb and flow of tide, see Admiralty.

See Aberemurder. ECCHYM0S1S. In Medical Jurisprudence. Localized discoloration in and under the skin. An extravasation of blood by rupture of capillary vessels, and hence it follow

A clergyman; one destined to the divine ministry: as, a bishop, a priest, a deacon.

In English Law. A body appointed to consider the state of the revenues, and the more equal distribution of episcopal duties, in the several dioceses. They were first appointed as r

Such corporations as are composed of persons who take a lively interest in the advancement of religion, and who are associated and incorporated for that purpose. Ang. & A. Corp. §

The law of the church. The existence In England of a separate order of ecclesiastical courts, and a separate system of law by them administered, may be traced back to the time of W

In French Marine Law. Stranding.

In Medical Jurisprudence. Puerperal convulsions. Convulsive movements, loss of consciousness, and coma occurring during pregnancy, parturition or the puerperiurn. The attack closel

One which is filed when, from the neglect of parties or some other cause, it may become impossible to carry a decree into execution without the further decree of the court, Hinde,

Thirteen constitutions or laws of this prince, found in most editions of the Corpus Juris Givilis after the Novels. Being confined to matters of police in the provinces of the empi

See Edict.

The term applies to every quantity of books put forth to the bookselling trade at one time by the publisher; 4 K. & J. 656. A new edition is published whenever, having in his wareh

The term is held to include not only the person who writes or selects the articles for publication, but he who publishes a paper and puts it in circulation. Pennoyer v. Neff, 95 U.

In Old English Law. Put forth or promulgated when speaking of the passage of a statute; and brought forth or born, when speaking of the birth of a child. Black, L. Diet.

An act of congress of March 22, 18S2, punishing polygamy, which see. Ruohs v. Backer, 6 Heisk. (Tenn.) 395, 19 Am. Rep. 598. See Williams v. Mac Dongall, 39 Cal. 80; Merrill v. Eme

It may be directed particularly to either the mental, moral, or physical powers and faculties, but in its broadest and best sense it refers to them all. Mt. Hermon Boys' School v.

December 12, 1910; took the oath of office December 19, 1910. Charles E. Hughes, May 2, 1910. Willis Van Devanter, December 15, 1910. Joseph R. Lamar, December 15, 1910. Mahlon Pit

The operation of a law, of an agreement, or an act, is called its effect. Maize v. State, 4 Ind. 342, By the laws of the United States, a patent ■cannot "be granted for an effect o

Property, or worldly substance. As thus used, it denotes property in a more extensive sense than goods. 2 Bla. Com. 284. See The Alpena, 7 Fed. 361. Indeed the word may be used to

The figure or representation of a person. To make the effigy of a person with an intent to make him the object of ridicule, is libel (q. v.). Hawk. PI. Cr. b. 1, c. 73, s. 2; 14 Ea

One who breaks through; one who commits a burglary.

Statutes making eight hours a day's labor for workmen, laborers, and mechanics. Acts regulating the hours of labor for women and children are generally upheld; Com. v. Mfg. Co., 12

A corruption of the French word aine'. Eldest or first-born. It is frequently used in our old law-books; bastard eigne signifies an elder bastard when spoken of two children, one o

In English Law. The oldest; the first-born. Spelman, Gloss.

The senior; the oldest son. Spelled, also, eigne, einsne, aisne, eign. Termcs dc la Ley; 1 Kelham.

EINETIA (Lat). The share of the oldest son. The portion acquired by primogeniture. Termes de la Leg; Co. Litt. 166 6; Cowell.

May be used in the sense of each. Chidester v. Ry. Co., 59 111. 87.

That which is thrown up by the sea. Warder v. La Belle Creole, 1 Pet. Adm. Dec. 43, Fed. Cas. No. 17,163. See Jetsam. EJERCITORIA. In Spanish Law. The action which lies against the

838; or where the application contained Pythias v. Stein, 75 Miss. 107, 21 South. 559, 37 L. R. A. 775, 65 Am. St. Rep. 589. In many cases suicide while sane is held to be a defens

A distinguished hody of men, elected as masters of Trinity important duties relating to the marine, such as the superintendence of Ligb'thouses. Mozl. & W. Diet; 2 Steph.: The full

He or she who has the greatest age. The eldest son of a man is his first-born, the primo-genitus; L. R. 2 App. Cas. 698; I. R. 12 Ch. Div. 171. See Primogeniture.

In its ordinary signification this word carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot be held the synonym of any other mode of fillin

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. 403.

The obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is clear intention of the person from whom he derives o

One who has the right to make choice of public officers; one who has a right to vote. See Taylor v. Taylor, 10 Minn. 107, (Gil. 81). See Puesiu; Electors. One who exercises the rig

A name given to the presidential electors, when met to vote for president and vice-president of the United States, by analogy to the college of cardinals, which elects the pope, or

A commission created by an act of congress of January 29, LS77, to decide certain questions arising out of the presidential election of Noand Tilden and Hendricks of the democratic

Such companies, although not public corporations in the sense that the term is applied to municipal corporations; Croswell Elec. § 20; and being unable without statutory authority

A method of punishment of death inflicted by causing to pass through the body of the convicted person a current of electricity of sufficient force and continuance to cause death. S

See Electrical Companies. ELEEMOSYNARIUS (Lat). An almoner. There was formerly a lord almoner to the kings of England, whose duties are described in Fleta, lib. 2, cap. 23. A chief

Such private corporations as are instituted for purthem to such persons as he directed. Of this kind are hospitals for the relief of the impotent, indigent, sick, and deaf or dumb;

A term popularly applied to fire, air, earth and water, anciently supposed to be the four simple bodies of which the world was composed. Encyc. Diet. Often applied in a particular

A building containing one or more mechanical elevators, especially a warehouse for the storage of grain; a hoisting apparatus; a lift; a car or cage for lifting and lowering passen

The constitution of the United States provides that no person holding any office under the United States shall be a member of either house. The acceptance by a member of congress o

This term relates to the capacity of holding as well as that of being elected to an office; Carson v. Mc Phetridge. 15 Ind. 327. l See Searcy v. Grow, 15 Cal. 117; State v. Clarke,

Two persons appointed by the court to return a jury when the sheriff and coroner have been challenged as incompetent, either because they are parties to the suit, or are related to

A measure of length. In old English the word signifies arm, which sense it still retains In the word elbow. Nature has no standard of measure. The cubit, the ell, the span, palm, h

An English statute (43 Geo. III. c. 68) punishing offenses against the person. See Abobtion. EL0GIUM (Lat). In Civil Law. A will or testament. EL0IGNE (Fr. Eloigner, to remove to a

The return made by the sheriff to a writ of replevin, when the goods have heen removed to places unknown to him. See, for the form of this return, Wats. Sheriff, Appx. c. 18, s. 3,

The departure of a married woman from her husband and dwelling with an adulterer. Cowell; Tomlin. To constitute elopement the wife must not only leave the husband, but go beyond hi

In another place. Where one devises all his land in A, B, and C, three distinct towns, and elsewhere, and had lands of much greater value than those in A, B, and C, in another coun

Spring-tides.

An act by which a person who was once in the power or under the control of another is rendered free. This is of importance mainly in relation to the emancipation of minors from the

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, unt

An attempt to corrupt or inlluence a jury, or any way incline them to be more favorable to one side than to the other, by money, promises, threats, or persuasions, whether the juro

In English Law. This ancient word is said to be used in the accounts of the Inner Temple, where so much in omendais at the foot of an account signifies so ^pelman says it is what i

An unforeseen occurrence or condition. See Accident.

One who quits his country for any lawful reason, with a design to settle elsewhere, and who takes his family and property, if he has any, with him. Vattel, b. 1, c. 19, § 224. See

As used in a Georgia statute taxing emigrant agents, a person engaged in hiring laborers in a state to be employed beyond its limits. Williams v. Fears, 179 U. S. 270, 21 Sup. Ct.

Theactof removing from one place to another. It is sometimes used in the same sense as expatriation; but there is some difference in the signification. Expatriation is the act of a

A title of honor given to cardinals.

In Medical Jurisprudence. The act by which any matter whatever is thrown from the body: thus, it is usual to say, emission of urine, emission of semen, etc. Emission is not necessa

To put out; to send forth. The tenth section of the first article of the constitution contains various prohibitions, among which is the following: "No state shall emit bills of cre

A writ which lies where execution on a judgment has been levied, but the money has not been paid over to the plaintiff, and the judgment is afterwards reversed in error or on appea

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

See Insanity.

See Impanel; Jury.

This word is synonymous with the Latin imperator: they are both derived from the verb knperare. Literally, it signifies he who commands.

In Civil Law. The name of a contract, in the nature of a perpetual lease, by which the owner of an uncultivated piece of land granted it to another, either in perpetuity or for a l

The grantee under a contract of emphyteusis or empfnitcosis. Vicat, Voc. Jur.; Calvinus, Lex.; 1 Ilallam, c. ii. p. 1. EMPIRE (Lat. Imperii) in). Supreme power in governing; imperi

The act of doing a thing, and the being under contract or orders to do it U. S. v. Morris, 14 Pet. (U. S.) 464, 47o, 10 L. Ed.;j4.",; IJ. S. v. The Catherine, 2 Paine 721, Fed. Cas

The English statute of 38 and ":> Vict c. 90, regulating the Jurisdiction of certain courts over disputes bet ween masters and employes. See Master and Servant.

A municipal ordinance licensing and regulating employment agencies is a valid exercise of the police power; People v. Warden of City Prison of City, 183 N. Y. 223, 76 N. E. 11, 2 L

In Spanish Law. A loan. Something lent to the borrower at his request. Las Partidas, pt. 3, tit. 18, 1. 70. E MPT 10, EMPTOR (Lat. emere, to buy). Emptio, a buying. Emptor, a buyer

To give power to do something. In the case of a person under disability as to dealing with another, "enable" has the primary meaning of removing that disability; not of conferring

A term used in equity. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee the right of creating interests to take effect out of i

The act of 32 Henry VIII. c. 28, by which tenants in tail. husbands seised in right of their wives, and others, were empowered to make Leases for their lives or for 21 years, which

To establish by law: to perform or effect; to decree. The usual formula in (ute is, /;. it ENAJENACI0N. In Spanish Law. The act by which one person t. to another a property, either

An artificial fence around one's estate. Keith v. Bradford, '■:'■> vt.:; i; Porter v. Aldrich, 39 Vt. 320; Taylor v. Welbey, 30 Wis. 42. See Close. ENC0MIENDA. A charge or mandate

To intimate, to incite to anything, to give courage to, to inspirit, to embolden, to raise contidence, to make confident. 7 Q. B. Div. 258.

To gain unlawfully upon the lands, property, or authority of another': as if one man presseth upon the grounds of another too far, or if a tenant owe two shillings rentservice and

See IWCUMBBANC*.

A form of action used in Louisiana. It is one of revendication (q. v.), and has for its object to have the contract declared judicially a simulation and a nullity; Envin v. Bank, 5

See Indou-::i m.