Law Dictionary

Lat. [L. Fr. ejectment de garde.^ In old practice. Ejectment of ward. A writ which anciently lay against him who turned out a guardian from any land during the minority of the heir

Ejection or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, r

Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let fora term of years, and aflerwards the lessor, r

See De ejectione firmae .

custodiae, etc. v. Be ejectione, Ejechient.

Ejectments are possessory actions; and in England it is necessary to shew a possession within twenty years.

A bill in equity brought merely for the recovery of real property, together with an account of the rents and profits, without setting out any distinct ground of equity jurisdiction

In an ejectment the lease is entirely a fiction invented for the purpose of going fairly to trial on the title. Courts have exercised a full discretion in allowing it to be amended

See De ejectione custodiae .

1. 1. In civil and old English law. That which is thrown up by the sea; that which is thrown out of a vessel into the sea, to avoid

One who ejects, puts out or dispossesses another. —Casual ejector. The nominal defendant in an action of ejectment; so called because, by a fiction of law peculiar to that action,

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

Same as Ejectment of ward.

Lat. [from «, out, and>acer0 to throw.] To throw or cast out; to eject or dispossess. Bract, fol. 165, 166. Dejieere, ^q. v.) was more commonly used in the civil law. Calvb, quotin

In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 15 Cal. 554.

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.

Renouncing or resigning one's place.

The settled rule that words which, standing alone, might have a wide and comprehensive import, will, when joined with those defining specific acts, be interpreted in their narrower

It is for him who composes to interpret.

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

He who can consent can refuse.

He who can consent should not be noncommittal.

His is the risk who has the ownership and profit.

He who has the dominion or advantage has the risk.

No blame follows him who has to obey.

No guilt attaches to him who is compelled to obsy. Dig. 50, 17, 169, pr. Obedience to existing laws is a sufficient extenuation of guilt before a civil tribunal. Broom, Max. 12, no

A person who, in oriental states, supplies the place of our notary public, All obligations, to be valid, are drawn by him; and he is also the public weigh-master, and everything of

In old records. A cart-load. Cowell; Biount,:

In old Scotch law. Certain officers of courts. See CLAVES CURLE.

One who breaks through; one who commits a burglary.

A person appointed by a testator in his will to carry it into effect

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

To acquire by labor. Elder brethren. The Masters of Trinity House, a body in charge of English buoys and lighthouses. Electa una via, non datur recursus ad alteram. Having chosen o

Property which ls the acquisition of labor. Spelman.

1. 1. In old English law. To enlarge; to widen. Elargatio,' I. I. In old English law. An enlargement. Elargatio mansi Tel curise: the enlargement of a manse, or manor, or court, by

Lat. \lvom dargare, to enlarge.] An enlargement. Reg. Grig. 250 b, 255. Elargatio mansi vel curia', the enlargement of a manse, or manor, or court, by tidcing in more land. Id. ibi

the terms "abuse", "adult protective services", "elder", "elder justice", "exploitation", "law enforcement", and "n

The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the V

The term “elder abuse, neglect, and exploitation” means abuse, neglect, and exploitation, of an older individual.

See "Trinity Masters."

the terms "abuse", "adult protective services", "elder", "elder justice", "exploitation", "law enforcement", and "n

“elderly” means 65 years of age or older; / The term “elderly” means any individual who is 60 years of age or older. / the term “elderly” means sixty-two years of age or over; / &q

families which consist of two or more persons the head of which (or his spouse) is sixty-two years of age or over or is handicapped.

The terms “elderly family” and “near-elderly family” mean a family whose head (or his or her spouse), or whose sole member, is an elderly person or a near-elderly person, respectiv

The terms “elderly homeowner” and “homeowner” mean any homeowner who is, or whose spouse is, at least 62 years of age or such higher age as the Secretary may prescribe.

“Elderly or disabled member” means a member of a household who— (1) is sixty years of age or older; (2) (A) receives supplemental security income benefits under title XVI of the So

For the purposes of this subchapter, the term “elderly or handicapped persons or families” means families which consist of two or more persons, the head of which (or his or her spo

The term “elderly person” means a household composed of one or more persons at least one of whom is 62 years of age or more at the time of initial occupancy. / The term “elderly pe

The term “elder right” means a right of an older individual.

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

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.

estates, is the * conveyance of a man’s interest or right, which he hath unto a thing, to another that hath the possession thereof, or some estate therein.” ‘Touch. 320. The words

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

He who has chosen one way cannot have recourse to another. 10 Toull. no. 170.

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

The domicile of parties fixed in a contract between them for the purposes of such contract. Woodworth v. Bank of America, 19 Johns. (N. Y.) 417, 10 Am. Dec. 239.

The term “elected farm income” means so much of the taxable income for the taxable year— (i) which is attributable to any farming business or fishing business; and (ii) which is sp

For purposes of this subsection, the term “electing 1987 partnership” means any publicly traded partnership if— (A) such partnership is an existing partnership (as defined in secti

The term “electing corporation” means any corporation for which an election is in effect under this subchapter. / For purposes of this subsection, the term “electing corporation” m

For purposes of this paragraph, the term “electing farming business” means— (i) a farming business (as defined in section 263A(e)(4)) which makes an election under this subparagrap

The term “electing group” means a controlled group of which one or more members is an electing corporation.

For purposes of this subsection, the term “electing investment partnership” means any partnership if— (A) the partnership makes an election to have this subsection apply, (B) the p

The term “electing large partnership” has the meaning given to such term by section 775. / The term "electing large partnership" means, with respect to any partnership ta

For purposes of this paragraph, the term "electing real property trade or business" means any trade or business which is described in section 469(c)(7)(C) and which makes

The term “electing Settlement Trust” means a Settlement Trust which has made the election, effective for a taxable year, described in subsection (c).

Except as provided in subparagraph (B), the term “electing small business trust” means any trust if— (i) such trust does not have as a beneficiary any person other than (I) an indi

I. In old English law. Election; choice. Electio est creditoris, debitoris: the creditor or debtor has the election. Electio est interna, libera et spontanea separatio unius rei ab

The creditor has his choice.

The debtor has his choice.

Dyer, 281. Election Is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.

Election is the internal, free and spontaneous separation of one thing from another, without compulsion, consisting in intent and will.

Clearly the Amendment includes any election in which public issues are decided or public officials selected. Just as clearly the Amendment excludes social or business clubs.

An officer who audits and publishes an account of election expenses.

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

Election cycle.—For purposes of sections 441a(i) and 441a–1 of this title and paragraph (26), the term “election cycle” means the period beginning on the day after the date of the

"election day" means the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President held in each St

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.

It seems to be of the very nature of a right to elect one of two things, that actual ownership is not acquired in either, until it be elected; and if the penalty of an offence, be

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 ac

The term “electioneering communication” means any broadcast, cable, or satellite communication which— (I) refers to a clearly identified candidate for Federal office; (II) is made

Election should be made regularly and freely without any interruption.

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.

in practice. It is frequently at the choice of the plaintiff what kind of an action to bring; a skilful practitioner will naturally select that in which his client can most easily

The essential element of that rule is that there must have been a right of choice between two remedies which are inconsistent with each other.

For purposes of this paragraph, the term “election of Representatives” means an election held on the Tuesday following the first Monday of November in any even-numbered calendar ye

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

The term “election period” means the period which— (i) begins not later than the date on which coverage terminates under the plan by reason of a qualifying event, (ii) is of at lea

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

All procedures used by a State as an integral part of the election process must pass muster against the charges of discrimination or of abridgment of the right to vote.

In this section, the term “election-related report” means any report, designation, or statement required to be filed under the Federal Election Campaign Act of 1971. / In this sect

[I]f a party freely and without reservation submits his federal claims for decision by the state courts, litigates them there, and has them decided there, then whether or not he se

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

Co. Litt. 146. Election once made, and pica witnessed, suffers not a recall.

An election once made and the decision made clear is not permitted to be revoked.

An election once made does not admit of a retraction.

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

the terms “designated Roth contribution” and “elective deferral” have the meanings given such terms in section 402A of the Internal Revenue Code of 1986. / The term “elective defer

For purposes of this subsection, the term “elective deferrals” means, with respect to any taxable year, the sum of— (A) any employer contribution under a qualified cash or deferred