Elisors

In practice. Two persons appointed by the court to return a jury, when the sheriff and the coroner have been challenged as incompetent. In this case, the elisors return the writ of venire directed to them, with a panel of the jurors, names, and their return is final, no challenge being allowed to their array. 3 Bl. Comm. 355: 1 Cow. (N. Y.) 32; 3 Cow. (N. Y.) 296. ELOGIUM (Lat.)

In clvU law. A will or testament.

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 either party. 3 Bla. Com. 354; Allen v. Com., 12 S. W. 582, 11 Ky. L. Rep. 555; or because they are partial; 5 Bac. Abr. 318; 3 East 141; Fortesc. de Laudibus LL. 53; Ale. & Nap. 113; or interested; Tidd, Prac. 723, 780; People v. Fellows, 122 Cal. 233, 54 Pac. 830; State v. Hultz, 106 Mo. 41, 16 S. W. 940; Harriman v. State, 2 G. Greene (la.) 270. They -return the writ of venire directed to them with a panel of the jurors' names, and their return is final and no challenge is allowed to the array. But a party may have his challenge to the poll; Co. Litt. 158 a. Elisors may be appointed to serve process other than that of returning a jury; Bruner v. Superior Court, 92 Cal. 239, 28 Pac. 341. An attachment may be directed to elisors defendant into court; 2 Win. Bla. Oil; 2 id. 1218; Tidd, Prac. 314; or for nut returning an execution; People v. Palmer, 1 Cow. (N. Y. ) '.VI; hut such appointment will be refused where it is a matter of mere service of process; 10 Moore 266. Authority to appoint elisors need not be given by statute; Wilson v. Roach, 4 Cal. 302; though the legislature may authorize the governor to appoint officers with the powers of sheriff to enforce liquor laws; Gilmore v. Penobscot County, 107 Me. 345, 78 Atl. 454. Elisors were named by the prothonotary and appointed by the court; Barnes 465; named by plaintiff and approved by prothonotary; 2 Win. Bla. 911; or named by the master in the King's Bench, or prothonotary in the Common Pleas; Tidd, Prac. 151. A sheriff is incompetent if he is part of a defendant corporation, in which case elisors will he appointed; 1 Ir. L. Rec. O. S. 281; but where the sheriff and coroner were members of a corporation defending another similar suit against the same plaintiff, elisors were not appointed; Jackson v. Rathbone, 3 Cow. (N. Y.) 296. Elisors are usually two clerks of the court or residents of the county, and are sworn; 3 Bla. Com. 354; Fortesc. de Laud. LL. 53; but a person residing in a county other than that in which the defendant resides may be appointed under peculiar circumstances; Anonymous, 23 Wend. (N. Y.) 102; so may one who has served under the sheriff as bailiff to the petit jury in other causes; State v. Bodly, 7 Blackf. (Ind.) 355; and only one need be appointed to serve a summons; Reed v. Moffatt, 62 111. 300; and he need not be sworn; id. Notice of the appointment of elisors must be given to the opposite party; 1 Stra. 235. The appointment by a judge having competent jurisdiction is presumed to be proper; Turner v. Billagram, 2 Cal. 520; or by a clerk to serve a writ of replevin; Beach v. Schmultz, 20 111. 1S5. If it is irregular, a motion to quash the levy should be made ha the court to which the writ is returnable; Turner v. Billagram. 2 Cal. 520. It rests in the discretion of the trial judge and will not be disturbed unless arbitrary and unjust; State v. Hultz, 100 Mo. 41, 10 S. W. 940. A venire for a grand jury was directed to elisors, the sheriff being disqualified, and not to the coroner; held legal; State v. Zeller, 83 N. J. L. 606, 85 Atl. 237. Absence of the coroner from the parish when the sheriff is a party to the suit will not warrant the appointment of an elisor; Whitehead v. Brigham, 1 La. Ann. 317. A new sheriff will not be awarded process, though he be impartial, if it has already been given to elisors; Co. Litt. 15Sa; contra, of a jury retiring to deliberate upon a verdict, when both sheriff and coroner are disqualified or unable to act; People v. Fellows, 122 Cal 233, 54 Pa Ibanks, 117 Cal. 052, 49 Pac. 1049, 40 L. R. A. 269. By act of parliao,e free access to jurors' books in Ireland; Iluband, Grand Jury in Ireland See Umfreville, Lex Coi 7, 241; Huband, Grand Jury in Ire:, ward, Coroners in Pennsylvania 14".

eslisors. Electors or to execute a venire, where fied; persons appointed to and coroner.

Persons appointed coroner, when they were

Eslisors. [from Fr. eslier, to choose.] 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 duty is to choose, that is, name and return the jury. 3 Bl. Com. 355. Co. Litt. 158. 3 Steph. Com. 597, note. Persons appointed to execute any writ, in default of the sheriff and coroner, are also called elisors.

practice, are two persons appointed by the court to return a jury, when the sheriff and the coroner have. been challenged as incompetent, in this case the elisors return their return is final, no challenge being allowed to their array. 3 Bl. Com. 355.