The Cyclopedic Law Dictionary

Twelve witnesses to purge a criminal of an offense. DUORUM IN SOLIDUM DOMINIUM VEL possesslo esse non potest. Ownership or possession in entirety cannot be in two of the same thing

(Lat. a twofold or double right). Words which signify the same as dreit dreit, or droit droit, and which are applied to a vreit of right, patent, and such other writs of right as a

In Scotch law. The defendant's answer to the plaintiff's replication. The same as duplicatio. Macl. Prac. 127. To rejoin. "It is duplyed by the panel." 3 How. St. Tr. 471. DURANTE

See "Administration." DURANTE BENE PLACITO (Lat. during good pleasure). The ancient tenure of English judges was durante bene placito. 1 Sharswood, Bl. Comm. 267, 342. DURANTE MINO

Personal restraint, or fear of personal injury or imprisonment. 2 Mete. (Ky.) 445. Deprivation of one of his freedom of will and act by the unlawful acts of another. Duress exists

One who subjects another to duress; one who compels another to do a thing, as by menace. Bac. Max. 90, reg. 22.

Means while the marriage lasts. 4 Mo. 159. There is frequently great difficulty in construing the words "during the coverture" when those words occur in an antenuptial marriage set

While conducting oneself comformably to law. 240 111. 564.

or DURSLEY. In old English law. Blows without wounding or bloodshed; dry blows or beating. Spelman.

A bushel, according to "dust measure," is composed of a half bushel heaped and a half bushel filled to the level, at the pit where the coal is made, coal dust being used because th

See "Court of Piepoudre."

An auction at which the auctioneer fixes a price for the articles offered, which is gradually lowered until accepted. See 18 Hun (N. Y.) 475.

Things due and recoverable by law. The term, in its widest signification, is hardly less comprehensive than "taxes." It is applied, in its most restricted meaning, to customs; and

To have a domicile. 5 Pick. (Mass.) 379. As to one having no domicile, it signifies the place where he temporarily resides. L. R. 1 Exch. 133. A corporation dwells in the place whe

A building inhabited by man; a house usually occupied by the person there residing, and his family; the apartment, building, or cluster of buildings in which a man with his family

Declarations made by one at the point of death, or believing himself to be. They are admissible in evidence only when made by the victim of a homicide (56 N. Y. 103; 35 Ohio St. 78

Not having issue living at the death of the decedent. 5 Paige, Ch. (N. Y.) 514. In England this is the signification, by St. 7 Wm. IV., and St. 1 Vict. c. 26, § 29. See 2 Washb. Re

Bad legislation; the enactment of bad laws.

In Scotch law. A bankrupt.

In Scotch law. A habit which debtors who are set free on a cessio bonorum ai^e obliged to wear, unless in the summons and process of cessio it be libelled, sustained, and proved th

Every one of the two' or more individuals composing the whole, considered separately from the rest. 102 111. 233. EADEM CAUSA DIVERSIS RATIONIBUS coram Judlcibus ecclesiasticis et

EADEM EST LEX. The same reason, the same law. 7 Pick. (Mass.) 493. EADEM MENS PRAESUMITUR REGIS quae est juris quae esse debet, praesertim in dubiis. The mind of the sovereign is p

A gold coin of the United States of the value of ten dollars.

or EALDING. In old Saxon law. An elder or chief. EALDERMAN (Saxon). A Saxon title of honor. It was a mark of honor very widely applicable, the ealdermen being of various ranks. It

A chief bishop or archbishop. EALDORBURG (Saxon). The chief city.

An ale house.

The privilege of assizing and selling beer.

vel quae In rerum natura non sunt, pro non adjectis habentur. Those things which cannot be griven, or which are not in existence, are held as not expressed. Dig. SO. 17. 135. EA QU

NON TEmere in agendls negotiis computantur. Those things which rarely happen are not to be taken into account in the transaction of business, without sufficient reason. Dig. 50. 17

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

Earnest money.

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

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.

The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding the contract.

That which Is gained or merited by labor, service, or performance. 47 Wis. 113. It is a term of larger import than "wages," bjit in its general acceptation, does not mean net earni

One who attests to things he has heard himself. Earls were anciently called eomites, because they were wont comitari regent, to wait upon the king for counsel and advice. They were

A right in the owner of one parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property in the owner. 2 W

A coin struck by Richard II., which is supposed to have given rise to the name of "sterling," as applied to English money. Wharton.

or EASTER dues. In English law. Small sums of money paid to the parochial clergy by the parishioners at Easter as a compensation for personal tithes or the tithe for personal labor

lii English practice one of the four terms of the superior courts in England, formerly called the movable term, but now fixed, beginning on the 15th of April, and ending on the 8th

The name of a royal manor in the county of Kent, England. Mentioned in royal grants or patents, as descriptive of the tenure of free socage. "To be holden of us, our heirs and succ

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 mischievous tales. 4 Bl. Comm. 167.

In old English law. Ebb (of the tide.) Ehha et fluctus, ebb and flow of tide; ebb and flood. Bracton, fols. 265, 338.

In medical jurisprudence. Blackness. It is an extravasation of blood by rupture of capillary vessels, and hence it follows contusion; but it may exist, as in cases of scurvy and ot

The church does not die. 2 Inst. 3.

A clergyman; one destined to the divine ministry; as, a bishop, a priest, a deacon. Domat, Civ. Law, liv. prel. tit. 2, § 2, note 14.

Pertaining to the church as distinguished from secular or civil.

Commissioners established by statute, in England, principally for the purpose of preparing schemes for the improvement of the ecclesiastical system, especially as to the equalizati

Such corporations as are composed of persons who take a lively interest in the advancement of religion, and who are asso- Corporations whose members are spiritual persons are disti

In English ecclesiastical law. The generic name for certain courts in England, having cognizance mainly of spiritual matters. Also called "Courts Christian." The jurisdiction which

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 law. One of the two parts or pieces of a wooden tally. That in possession of the debtor is properly called the "tally"; the other "echantillon." Poth. Obi. pt. 4, c. 1, a

GeneraL

In Saxon law. The offense of hedge breaking.

Buildings. EDICT (Lat. edictum). A law ordained the whole country, or only to some particular provinces. Edicts are somewhat similar to public proclamations. Their difference consi

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

This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. BOO. It

or AEDITUS (Law Lat.) In old English law. Put forth; published or promulgated; passed as a law. Reg. Jud. 2. 1. Contra formam. statuti — editi et provist; against the form of the s

Property, or worldly substance. As thus used, it denotes property in a more extensive sense than goods. 2 Sharswood, Bl. Comm. 284; 223 111. 538. It includes all kinds of personalt

The effect follows the cause. Wingate, Max. 226.

The working cause, or that cause which produces effects or results. Ford v. Hine, etc., Co., 237 111. 469.

The figure or representation of a person. To make the ef Bgy of a person with an intent to make him the object of ridicule is a libel (g. v.) Hawk. P. C: bk. 1, c. 73, § 2; 14 East

Running of time; expiration by lapse of time.

When this phrase is used in leases, conveyances, and other like deeds, or in agreements expressed in simple writing, it indicates the conclusion or expiration of an agreed term of

A breach made by tte use of force.

One who breaks through; one who commits a burglary.

In old English and civil law. Burglars or prison breakers. EFFUSIO SANGUINIS (Law Lat.) In old English law. The shedding of blood; the mulct, fine, wite, or penalty imposed for the

In Saxon law. Ways, walks, or hedges. Blount.

Owelty (q. v.) Co. Litt. 1693.

TALIS. I, such a one. Used in old forms to indicate where the name ard description of a party should be inserted. EGREDIENS ET EXEUNS (Law Lat.) In old pleading. Going forth and is

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 Scotch law. An addition; as, eik to a reversion, eik to a confirmation. Bell, Diet.

Eldership; the right or privilege of the first bom.

EINSNE, or EIGN. In English law. The oldest; the first born, Spelman.

or EYRE. In English law. A Journey. 'Justices in eyre were itinerant judges, who were sent once in seven years with a general commission into divers counties, to hear and determine

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

Old forms: either, eyther, aither, ayther. Each of two; the one and the other. 172 "1- The 68. word "either",,. is sometimes used in the sense of one or the other of several things

A woman ravished or deflowered, or cast forth from the virtuous. Blount. EJECTIONE CUSTODIAE (Lat.) A writ which lay for a guardian to recover the land or person of his ward, or bo

That which Is thrown up by the sea. 1 Pet. Adm. (U. S.) 43.

In old English law. A pimp or whoremonger.

In Spanish law. The action which lies against the owner of a vessel for debts contracted by the master, or contracts entered into by him, for the purpose of repairing, rigging, and

In feudal law. To abjure, renounce, or disclaim by oath. EJUS EST INTERPRETARI CUJUS EST eondere. It Is his to Interpret whose It Is to enact. Tayl. Civ. Law, 96.

QUI POTEST velle. He who can will [exercise volition] has a right to refuse to will [to withhold consent]. Dig. 50. 7. 3. EJUS EST NON NOLLE QUI POTEST minium aut commodum. He has

See "Trinity Masters."

That of two titles coming simultaneously into conflict which is of earlier date.

NON DATUR REcursus ad alteram. When thisre is concurrence of means, he who has chosen one cannot have recourse to another. 10 Tou Uier, Dr. Civ. note 170. ELECTIO EST INTIMA [INTER

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

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

In English law. Judges of the high court, selected in pursuance of 31 & 32 Vict. c. 125, § 11, and Judicature Act 1873, § 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 pet

ET PLACITum testatum, non patltur regressum. Election once made, and plea witnessed, suffers not a recall. Co. Litt. 146.

Pertaining to elections, as the elective franchise. Dependent on election, as an elective office.

One who has the right to make choice of public officers; one who has a right to vote. See 10 Minn. 107; 53 Wis. 45.

Persons elected by the people, whose sole duty is to elect a president and vice president of the United States. Const, art. 2, § 1; Const, amend, art. 2. ELEEMOSYNA REGIS (or ARATR

The place In a religious house where the common alms were deposited, and thence by the almoner distributed to the poor. In Old English. The aumerie, aumbry, or ambry; words still u

Such private corporations as are instituted for purposes of charity, their object being the perpetual distribution of the bounty of the founder of them to such persons as he direct

"Damage by the elements" has been held with "damage by Eligible, the term eligible relates to capacity of holding, as well as capacity of being elected to an office, 15 Ind. 331; 3

Banishment; expulsion.

The punishment oJ cutting out the tongue.