Election

Choice; selection. The selection of one man from among more, to discharge certain duties in a state, corporation, or society. 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 one that he should not enjoy both. Of Officers. The choice of officers of a public or private body by the votes of the members, or a class thereof. It differs from "appointment," which implies the conferring of official station by one or more perone who, by contract or donation, is entitled to two or more rights in the alternative, to select that which he will accept as a substitute for the others. One form of this, sometimes known as "equitable election," arises when an instrument gives a right coupled with a burden, the donee of the right having an election whether to accept the same cum. onere, but being compelled to accept thus, if at all.

Of Remedies

The choice between two or more coexisting and inconsistent remedies for the same wrong.

2 Story, Eq. Jur. § 1078.

Between Criminal Charges

The choice by a public' prosecutor upon which of several offenses charged in a single indictment he will go to the jury.