election

the alternative measures of relief accorded him, between which he is given an election, are merely the right under the new rule to recover compensatory damages for injuries caused by negligence and the right under the old rules to recover indemnity for injuries occasioned by unseaworthiness; and that no election is required between the right to recover compensatory damages for a tortious injury under the new rule and the contractual right to maintenance, cure and wages under the old rules-the latter being a cumulative right in no sense inconsistent with, or an alternative of, the right to recover compensatory damages.

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.

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, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and with Dyer, 281. The selection of one man from among several candidates to discharge certain duties in a state, corporation, or society. Maynard v. District Canvassers, 84 Mich. 228, 47 N. W. 756, 11 In R. A. 332; Brown v. Phillips, 71 Wis. 239, 36 N. W. 242; Wickersham v. Brittan, 93 Cal. 34, 28 Pan. 792, 15 In R. A. 106. The choice which is open to a debtor who is bound in an alternative obligation to select either one of the alternatives.

In equity. 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. 2 Story, Eq. Jur. § 1075; Bliss v. Geer, 7 III. App. 617; Norwood v. Lassiter, 132 N. C. 52, 43 S. E. 509; Salen-tine v. Insurance Co.., 79 Wis. 580, 48 N. W. 855, 12 In R. A. 690. The doctrine of election presupposes a plurality of gifts or rights, with an intention, express or implied, of the party who has a right to control one or bath, that one should be a substitute for the other. 1 Swanst. 394, note b; 3 Wood. Leet 491; 2 Rop. Leg. 480-578.

In practice. The liberty of choosing (or the act of choosing) one out of several means afforded by law for the redress of an injury, or one out of several avaUable forms of action. Almy v. Harris, 5 Johns. (N. Y.) 175 In criminal law. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a continuous series of acts) it will proceed. Jackson v. State, 95 Ala. 17, 10 South. 657. In, the law of wills. A widow's election is her choice whether she wlll take under the will or under the statute; that is, whether she will accept the provision made for her in the will, and acquiesce in her husband's disposition of his property, or disregard it and claim what the law allows her. In re Cunningham's Estate, 137 Pa. 621, 20 Atl. 714, 21 Am. St. Rep. 901; Sill v. Sill, 31 Kan. 248, 1 Pac. 556; Burroughs v. De Couts, 70 Cui. 361, 11 Pac. 734.

— Election auditors. 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 Viet. c. 102, §§ 18, 2628. But these sections have been repealed by 26 Viet. c. 29, which throws the duty of preparing the accounts on the declared agent of the candidate, and the duty of publishing an abstract of it on the returning officer. Wharton.

— Election district. 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; Lane v. Otis, 68 N. J. Law, 656, 54 Atl. 442.

— Election dower. 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 accords. Adams v. Adams, 183 Mo. 396, 82 S. W. 66.

— Election judges. 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.

— 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 petitions are heard by a judge pf one of the common-law divisions of the high court.

— Equitable election. The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U. S. 670, 10 Sup. Ct. 364, 33 L. Ed. 696; Drake v. Wild, 70 Vt. 52, 39 Atl. 248.

— General election.
(1) One at which the officers to be elected are such as belong to the general government,
—that is, the general and central political organization of the whole state; as distinguished from an election of officers for a particular locality only.
(2) One held for the selection of an officer after the expiration of the full term of the former officer; thus distinguished from a special election, which is one held to supply a vacancy in office occurring before the expiration of the full term for which the incumbent was elected. State v. King, 17 Mo. 514; Downs v. State, 78 Md. 128, 26 Atl. 1005; Mackin v. State, 62 Md. 247; Kenfield v. Irwin, 52 Cal. 169.

— Primary election. An election by the voters of a ward, precinct, or other small district, belonging to a particular party, of representatives or delegates to a convention which is to meet and nominate the candidates of their party to stand at an approaching municipal or general election. See State V. Hirsch, 125 Ind. 207, 24 N. E. 1062, 9 In R. A. 170; People v. Cavanaugh, 112 Cal. 676, 44 Pac. 1057; State v. Woodruff, 68 N. J. Law, 89, 52 Atl. 294.

— Regular election. A general, usual, or stated election. When applied to elections, the terms "regular" and "general" are used interchangeably and synonymously. The word "regular" is used in reference to a general election occurring throughout the state. State v. Conrades, 45 Mo. 47; Ward v. Clark, 35 Kan. 315, 10 Pac. 827; People v. Babcock, 123 Cal. 307, 55 Pac. i017.

— Special election. An election for a particular emergency; out of the regular course ; as one held to fill a vacancy arising by death of the incumbent of the office.

Choice; selection; the selection of one or several men among more to perform certain duties in a municipality, corporation or society. \

The act of choosing or se lecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will. Dyer, 281. The selection of one man from among several candidates to discharge certain duties in a state, corporation, or society. The choice which is open to a debtor who is bound in an alternative obligation lo select either one of the alternatives.

In equity. 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. 2 Story, Eq. Jur. § 1075. The doctrine of election presupposes a plurality of gifts or rights, with an intention, express or implied, of the party who has a right to control one or both, that one should be a substitute for the other. 1 Swanst. 394, note b; 3 Wood. Lect. 491; 2 Rop. Leg. 480-578. afforded by law for the redress of an injury, or one ont of several available forms of action.

In criminal law. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a continuous series of acts) it will proceed.

[L. Fr. eleccion; Lat. electio, from eligere, to choose.] Choice; election; selection. Election is where a man is left to his own free will, to take or do one thing or another, which he pleases. Co. Litt. 144 b. Termes de la ley. Bract. fol. 113, 114. 6 Cruise Dig. 18. 2 Co. 35, et seq. 5 Co. 59. For the doctrine of election in equity, see White's Equity Cases, 223, 225—250, and Am. Editor's note; 2 Story's Eq. Jur. § 1075, et seq.