ELIGIBILITY. Capacity to be elected.
2. Citizens are in general eligible to all offices; the exceptions arise from
the want of those qualifications which the constitution requires; these are such
as regard his person, his property, or relations to the state.
3.- 1. In. general, no person is eligible to any office, until he has
attained the full age of twenty-one years; no one can be elected a senator of
the United States, who shall not have attained the age of thirty years, been a
'citizen of th e United States nine years and who shall not be an inhabitant of
the, state for which he shall be chosen. Const. art. 1, s. 3. No person, except
a natural born citizen, or a citizen of the United States at the time of the
adoption of this constitution, is eligible to the office of president, and no
person shall be eligible to that office, who shall not have attained the age of
thirty-five years, and been fourteen years a resident within the United States.
Const. art. 2, s. 1.
4. - 2. A citizen may be ineligible in consequence of his relations to the
state; for example, holding an office incompatible with the office sought. Vide
Ineligibility. Because he has not paid the taxes the law requires; because he
has not resided a sufficient length of time in the state.
5. - 3. He may be ineligible for want of certain property qualifications
required by some, law.
ELISORS, 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 juror's names, and their return is final, no challenge being allowed to
their array. 3 Bl. Com. 355,; 3 Cowen, 296; 1 Cowen, 32.
ELL. A measure of length. In old English the word signifies arm, which
sense it still retains in the word elbow. Nature has no standard of measure. The
cubit, the ell, the span, palm, hand, finger, (being taken from the individual
who uses them) varies. So of the foot, pace, mile, or mille passuum. See Report
on Weights and Measures, by the Secretary of State of the United. States, Feb.
22, 1821; Fathom.
ELOIGNE, practice. This word signifies, literally, to remove to a
distance; to remove afar off. It is used as a return to a writ of replevin, when
the chattels have been removed out of the way of the sheriff. Vide Elongata.
ELONGATA, practice. There turn made by the sheriff to a writ of
replevin, when the goods have been removed to places unknown to him. See, for
the form of this return, Wats. Sher. Appx. c. 18, .s. 3, p. 454; 3 Bl. Com.
2. On this return the plaintiff is entitled to a capias in withernam. Vide
Withernam, and Wats. Sher. 300, 301. The word eloigne, (q. v.) is sometimes used
as synonymous with elongata.
ELOPEMENT. This term is used to denote the departure of a married
woman from her hushand, and dwelling with an adulterer.
2. While the wife reides with her hushand, and cohabits with him, however
exceptionable her conduct may be, yet he is bound to provide her with
necessaries, and to pay for them; but when she elopes, the hushand is no longer
liable for her alimony, and is not bound to pay debts of her contracting when
the separation is notorious; and whoever gives her credit under these
circumstances, does so at his peril. Chit. Contr. 49; 4 Esp. R. 42; 3 Pick. R.
289; 1 Str. R. 647, 706; 6 T. R. 603; 11 John. R. 281; 12 John. R. 293; Bull. N.
P. 135; Stark. Ev. part 4, p. 699.
ELOQUENCE OR ORATORY. The act or art of speaking well upon any subject
with a view to persuade. It comprehends a good elocution, correct and
appropriate expressions uttered. with fluency, animation and suitable action.
The principal rules of the art, which must be sought for in other works, are
summarily expressed in the following lines:
" Be brief, be pointed; let your matter stand Lucid in order, solid, and
at hand; Spend not your words on trifles, but condense; Strike with the mass of
thoughts, not drops of sense; Press to the close with vigor once begun, And
leave, (how hard the task!) leave off when done; Who draws a labor'd length of
reasoning out, Put straws in lines for winds to whirl about; Who draws a tedious
tale of learning o'er, Counts but the sands on ocean's boundless shore; Victory
in law is gain'd as battle's fought, Not by the numbers, but the forces brought;
What boots success in skirmishes or in fray, If rout and ruin following close
the day? What worth a hundred Posts maintained with skill, If these all held,
the foe is victor still? He who would win his cause, with power must frame
Points of support, and look with steady aim: Attack the weak, defend the strong
with art, Strike but few blows, but strike them to the heart; All scatter'd
fires but end in smoke and noise, The scorn of men, the idle play of boys. Keep,
then, this first great precept ever near, Short be your speech, your matter
strong and clear, Earnest your manner, warm and rich your style, Severe in
taste, yet full of grace the while; So may you reach the loftiest heights of
fame, And leave, when life is past, a deathless name."
ELSEWHERE. In another place.
2. Where one devises all his land in A, B and C, three distinct towns, and
elsewhere, and had lands of much greater value than those in A, B and C, in
another county, the lands in the other county were decreed to pass by the word
elsewhere; and by Lord Chancellor King, assisted by Raymond, Ch. J., and other
judges, the word elsewhere, was adjudged to be the same as if the testator had
said he devised all his lands in the three towns particularly mentioned, or in
any other place whatever. 3 P. Wms. 5 6. See also Prec. Chan. 202; 2 Vern. 461;
2 Vern. 560; 3 Atk. 492; Cowp. 860; Id. 808; 2 Barr. 912; 5 Bro. P. C. 496; S.
C. 1 East, 456; 1 Vern. 4 n.
3. - 2. As to the effect of the word elsewhere, in the case of lands not
purchased at the time of making the will, see 3 Atk. 254; 2 Vent. 351. Vide
EMANCIPATION. An act by which a person, who was once in the power of
another, is rendered free. B y the laws of Louisiana, minors may be emancipated.
Emancipation is express or implied.
2. Express emancipation. The minor may be emancipated by his father, or, if
be has no father, by his mother, under certain restrictions. This emancipation
takes place by the declaration, to that effect, of the father or mother, before
a notary public, in the presence of two witnesses. The orphan minor may,
likewise, be emancipated by the judge, but not before he has arrived at the full
age of eighteen years, if the family meeting, called to that effect, be of
opinion that he is able to administer his property. The minor may be emancipated
against the will of his father and mother, when they ill treat him excessively,
refuse him support, or give him corrupt example.
3. The marriage of the minor is an implied emancipation.
4. The minor who is emancipated has the full administration of his estate,
and may pass all act's which may be confined to such administration; grant
leases, receive his revenues and moneys which may be due him, and give receipts
for the same. He cannot bind himself legally, by promise or obligation, for any
sum exceeding the amount of one year of his revenue. When he is engaged in
trade, he is considered as leaving arrived to the age of majority, for all acts
which have any relation to such trade.
5. The emancipation, whatever be the manner in. which it may have been
effected, may be revoked, whenever the minor contracts engagements which exceed
the limits prescribed by law.
6. By the English law, filial emancipation is recognized, chiefly, in
relation to the parochial settlement of paupers. See 3 T. R. 355; 6 T. R. 247; 8
T. R. 479; 2 East, 276; 10 East, 88.; 11 Verm. R. 258, 477. See Manumission. See
Coop. Justin. 441, 480; 2 Dall. Rep. 57, 58; Civil Code of Louisiana, B. 1, tit.
8, c. 3; Code Civ. B. 1, tit. 10, c. 2; Diet. de Droit, par Ferriere; Diet. de
Jurisp. art. Emancipation.
EMBARGO, maritime law. A proclamation, or order of state, usually
issued in time of war, or threatened hostilities, prohibiting the departure of
ships or goods from some, or all the ports of such state, until further order. 2
2. The detention of ships by an embargo is such an injury to the owner as to
entitle him to recover on a policy of insurance against "arrests or
detainments." And whether the embargo be legally or illegally laid, the injury
to the owner is the same; and the insurer is equally liable for the loss
occasioned by it. Marsh. Ins. B. 1, c. 12, s. 5; 1 Kent, Com. 60 1 Bell's Com.
517, 5th ed.
3. An embargo detaining a vessel at the port of departure, or in the course
of the voyage, does not, of itself, work a dissolution of a charter party, or
the contract with the seamen. It is only a temporary restraint imposed by
authority for legitimate political purposes, which suspends, for a time, the
performance of such contracts, and leaves the rights of parties untouched, 1
Bell's Com. 517; 8 T. R. 259; 5 Johns. R. 308; 7 Mass. R. 325, 3 B. & P.
405-434; 4 East, R. 546-566.
EMBEZZLEMENT, crim. law. The fraudulently removing and secreting of
personal property, with which the party has been entrusted, for the purpose of
applying it to his own use.
2. The Act of April 30, 1790, s. 16, 1 Story, L. U. S. 86, provides, that if
any person, within any of the laces under the sole and exclusive jurisdiction of
the United States, or upon the high seas, shall take and carry away, with an
intent to steal or purloin, the personal goods of another; or if any person or
persons, having, at any time hereafter, the charge or custody of any arms,
ordnance, munition, shot, powder, or habiliments of war, belonging to the.
United States, or of any victuals provided for the victualling of any soldiers,
gunners, marines, or pioneers, shall, for any lucre or gain, or wittingly,
advisedly, and of purpose to hinder or impede the service of the United States,
embezzle, purloin, or convey away, any of the said arms, ordnance, munition,
shot or powder, habiliments of war, or victuals, that then, and in every of the
cases aforesaid, the persons so offending, their counsellors, aiders and
abettors, (knowing of, and privy to the offences aforesaid,) shall, on
conviction, be fined, not exceeding the fourfold value of the property so
stolen, embezzled or purloined the one moiety to be paid to the owner of the
goods, or the United States, as the case may be, and the other moiety to the
informer and prosecutor, and be publicly whipped, not exceeding thirty-nine
3. The Act of April 20, 1818, 3 Story, 1715, directs that wines and distilled
spirits shall, in certain cases, be deposited in the public warehouses of the
United States, and then it is enacted, s. 5, that if any wines, or other
spirits, deposited under the provisions of this act, shall be embezzled, or
fraudulently hid or removed, from any store or place wherein they shall have
been deposited, they shall be forfeited, and the person or persons so
embezzling, hiding, or removing the same, or aiding or assisting therein, shall
be liable to the same pains and penalties as if such wines or spirits had been
fraudulently unshipped or landed without payment of duty.
4. By the 21st section of the act to reduce into one the several acts
establishing and regulating the post-office, passed March 3, 1825, 3 Story,
1991, the offence of embezzling letters is punished with fine and imprisonment.
5. The act more effectually to provide for the punishment of certain crimes
against the United States, and for other purposes, passed March 3, 1825, s. 24,
3 Story, 2006, enacts, that if any of the gold or silver coins which shall be
struck or coined at the mint of the United States, shall be debased, or made
worse, as to the proportion of fine gold or fine silver therein contained, or
shall be of less weight or value than the same ought to be, pursuant to the
several acts relative thereto, through the default or with the connivance of any
of the officers or persons who shall be employed at the said mint, for the
purpose of profit or gain, or otherwise, with a fraudulent intent and if any of
the said officers or persons shall embezzle any of the metals which shall, at
any time, be committed to their charge for the purpose of being coined; or any
of the coins which shall be struck or coined, at the said mint; every such
officer, or person who shall commit any, or either, of the said offences, shall
be deemed guilty of felony, and shall be sentenced to imprisonment and hard
labor for a term not less than one year, nor more than ten years, and shall be
fined in a sum not exceeding ten thousand dollars.
6. When an embezzlement of a part of the cargo takes place on board of a
ship, either from the fault, fraud, connivance or negligence of any of the crow,
they are bound to contribute to the reparation of the loss, in proportion to
their wages. When the embezzlement is fixed on any individual, he is solely
responsible; when it is made by the crew, or some of the crew, but the
particular offender is unknown, and from the circumstances of the case, strong
presumptions of guilt apply to the whole crew, all must contribute. The
presumption of innocence is always in favor of the crew, and the guilt of the
parties must be established, beyond all reasonable doubt, before they can be
required to contribute. 1 Mason's R. 104; 4 B. & P. 347; 3 Johns. Rep. 17; 1
Marsh. Ins. 241; Dane's Ab. Index, h. t.; Wesk. Ins. 194; 3 Kent, Com., 151;
EMBLEMENTS, rights. By this term is understood the crops growing upon
the land. By crops is here meant the products of the earth which grow yearly and
are raised by annual expense and labor, or "great manurance and industry," such
as grain; but not fruits which grow on trees which are not to be planted yearly,
or grass, and the like, though they are annual. Co. Litt. 55, b; Com. Dig.
Biens, G; Ham. Part. 183, 184.
2. It is a general rule, that when the estate is terminated by the act of God
in any other way than by the death of the tenant for life, or by act of the law,
the tenant is entitled to the enablements; and when he dies before harvest time,
his executors shall have the emblements, as a return for the labor and expense
of the deceased in tilling the ground. 9 Johns. R. 112; 1 Chit. P. 91: 8 Vin.
Ab. 364 Woodf. L. & T. 237 Toll. Ex. book 2, c. 4; Bac. Ab Executors, H 3;
Co. Litt. 55; Com. Dig. Biens G.; Dane's Ab. Index, h. t.; 1 Penna. R. 471; 3
Penna. 496; Ang. Wat. Co. 1 Bouv. Inst. Index, h. t.
EMBRACEOR, criminal law. He who, when a matter is on trial between
party and party, comes to the bar with one of the parties, and having received
some reward so to do, speaks in the case or privily labors the jury, or stands
there to survey or overlook them, thereby to put them in fear and doubt of the
matter. But persons learned in the law may speak in a case for their clients.
Co. Litt. 369; Terms de la Ley. A person who is guilty of embracery. (q. v.)
EMBRACERY, crim. law. An attempt to corrupt or influence a jury, or
any way incline them to be more favorable to the one side than to the other, by
money, promises, threats, or persuasions; whether the juror on whom such attempt
is made give any verdict or not, or whether the Verdict be true or false. Hawk.
259; Bac. Ab. Juries, M 3; Co. Litt. 157, b, 369, a; Hob. 294; Dy. 84, a, pl.
19; Noy, 102; 1 Str. 643; 11 Mod. 111, 118; Com. 601; 5 Cowen, 503.
EMENDALS, Eng. law. This ancient word is said to be used in the
accounts of the inner temple, where so much in emendals at the foot of an
account signifies so much in bank, in stock, for the supply of emergencies.
Cunn. Law Dict.
EMIGRANT. One who quits his country for any lawful reason, with a
design to settle elsewhere, and who takes his family and property, if he has
any, with him. Vatt. b. 1, c. 19, §224.
EMIGRATION. The act of removing from one place to another. It is
sometimes used in the same sense as expatriation, (q. v.) but there is some
difference in the signification. Expatriation is the act of abandoning one's
country, while emigration is, perhaps not strictly, applied to the act of
removing from one part of the country to another. Vide 2 Kent, Com. 36.
EMINENCE; A title of honor given to cardinals.
EMINENT DOMAIN. The right which people or government retain over the
estates of individuals, to resume the same for public use.
2. It belongs to the legislature to decide what improvements are of
sufficient importance to justify the exercise of the right of eminent domain.
See 2 Hill. Ab. 568 1 U. S. Dig. 560; 1 Am. Eq. Dig. 312 3 Toull. n. 30 p. 23;
Ersk. hist. B. 2) tit. 1, s. 2; Grotius, h. t. See Dominium.
EMISSARY. One who is sent from one power or government into another
nation for the purpose of spreading false rumors and to cause alarm. He differs
from a spy. (q. v.)
EMISSION, med. jur. The act by which any matter whatever is thrown
from the body; thus it is usual to say, emission of urine, emission of semen,
2. In cases of rape, when the fact of penetration is proved, it may be left
to the jury whether emission did or did not take place. Proof of emission would
perhaps be held to be evidence of penetration. Addis. R. 143; 2 So. Car. Const.
R. 351; 2 Chitty, Crim. Law, 810; 1 Beck's Med. Jur. 140 1 Russ. C. & M.
560; 1 East, P. C. 437.
TO EMIT. To put out; to send forth,
2. The tenth section of the first article of the constitution, contains
various prohibitions, among which is the following: No state shall emit bills of
credit. To emit bills of credit is to issue paper intended to circulate through
the-community for its ordinary purposes, as money, which paper is redeemable at
a future day. 4 Pet. R. 410, 432; Story on Const. §1358. Vide Bills of
EMMENAGOGUES, med. jur. The name of a class of medicines which are
believed to have the power. of favoring the discharge of the menses. These are
black hellebore, savine, (vide Juneperius Sabina,) madder, mercury, polygala,
senega, and pennyroyal. They are sometimes used for the criminal purpose of
producing abortion. (q. v.) They always endanger the life of the woman. 1 Beck's
Medical Jur. 316; Dungl. Med. Diet. h. t.; Parr's Med. Dict. h. t.; 3 Paris and
Fonbl. Aled. Jur. 88.
EMOLUMENT. The lawful gain or profit which arises from an office.
EMPALEMENT. A punishment in which a sharp polo was forced up the
fundament. Encyc. Lond. h. t.
TO ENPANEL, practice. To make a list or roll, by the sheriff or other
authorized officer, of the names of jurors who are summoned to appear for the
performance of such service as jurors are required to perform.
EMPEROR, an officer. This word is synonymous with the Latin imperator;
they are both derived from the. verb imperare. Literally, it signifies he who
2. Under the Roman republic, the title emperor was the generic name given to
the commanders-in-chief in the armies. But even then the application of the word
was restrained to the successful commander, who was declared emperor by the
acclamations of the army, and was afterwards honored with the title by a decree
of the senate. 3. It, is now used to designate some sovereign prince who bears
this title. Ayl. Pand. tit. 23.
EMPHYTEOSIS, civil law. The name of a contract by which the owner of
an uncultivated piece of land granted it to another either in perpetuity, or for
a long time, on condition that he should: improve it, by building, planting or
cultivating it, and should pay for it an annual rent; with a right to the
grantee to alienate it, or transmit it by descent to his heirs, and under a
condition that the grantor should never re-enter as long as the rent should be
paid to him by the grantee or his assigns. Inst. 3, 25, 3. 18 Toull. n. 144.
2. This has a striking resemblance to a ground-tent. (q. v.). See Nouveau
Denisart, mot, Emphyteose; Merl. Reper. mot Emphyteose; Faber, De jure emphyt.
Definit. 36; Code, 4, 66, 1.
EMPIRE. This word signifies, first, authority or command; it is the
power to command or govern those actions of men which would otherwise be free;
secondly, the country under the government of an emperor but sometimes it is
used to designate a country subject to kingly power, as the British empire.
Wolff, Inst. §833.
EMPLOYED. One who is in the service of another. Such a person is
entitled to rights and liable to. perform certain duties.
2. He is entitled to a just compensation for his services; when there has
been a special contract, to what has been agreed upon; when not, to such just
recompense as he deserves.
3. He is bound to perform the services for which he has engaged himself; and
for a violation of his engagement he may be sued, but he is not liable to
corporal correction. An exception to this rule may be mentioned; on the ground
of necessity, a sailor may be punished by reasonable correction, when it is
necessary for the safety of the vessel, and to maintain discipline. 1 Bouv.
Inst. n. 1001: 2 Id. n. 2296.
EMPLOYEE. One who is authorized to act for another; a mandatory.
EMPLOYMENT. An employment is an office; as, the secretary of the
treasury has a laborious and responsible employment; an agency, as, the
employment of an auctioneer; it signifies also the act by which one is engaged
to do something. 2 Mart. N. S. 672; 2 Harr. Cond. Lo. R. 778.
2. The employment of a printer to publish the laws of the United States, is
not an office. 17 S. & R. 219, 223. See Appointment.
EMPLOYER. One who has engaged or hired the services of another. He is
entitled to rights and bound to perform duties.
2. - 1. His rights are, to be served according to the terms of the contract.
2. He has a right against third persons for an injury to the person employed, or
for harboring him, so as to deprive the employer of his services. 2 Bouv. Inst.
3. His duties are to pay the workman the compensation agreed upon, or if
there be no special agreement, such just recompense as he deserves. Vide Hire;
EMPTION. The act of buying.
EMPTOR. A buyer; a purchaser.
EN DEMEURE. In default. This term is used in Louisiana. 3 N. S. 574.
See Moral in.
ENABLING POWERS. A term used in equity. When the donor of a power, who
is the owner of the estate, confers upon persons not seised of the fee, the
right of creating interests to take effect out of it, which could not be done by
the donee of the power, unless by such authority; this is called an enabling
power. 2 Bouv. Inst. n. 1928.
TO ENACT. To establish by law; to perform or effect; to decree. The
usual formula in making laws is, Be it enacted.
ENCEINTE, med. jur. A French word, which signifies pregnant.
2. When a woman is pregnant, and is convicted of a capital crime, she cannot
lawfully be punished till after her delivery.
3. in the English law, where a widow is suspected to feign herself with
child, in order to produce a supposititious heir to the estate, the presumptive
heir may have a writ de ventre inspiciendo, to examine whether she be with child
or not. Cro. Eliz. 566; 4 Bro. C. C. 90. As to the signs of pregnancy, see 1
Beck's Med. Jur. 157. See, generally, 4 Bl. Com. 894; 2 P. Wms. 591; 1 Cox, C.
C. 297 and Pregnancy; Privement enceinte.
ENCLOSURE. An artificial fence put around one's estate. Vide
ENCROACHMENT. An unlawful gaining upon the right or possession of
another; as, when a man sets his fence beyond his line; in this case the proper
remedy for the party injured is an action of ejectment, or an action of
ENCUMBRANCE. A burden or charge upon an estate or property, so that it
cannot be disposed of without being subject to it. A mortgage, a lien for taxes,
are examples of encumbrances.
2. These do not affect the possession of the grantee, and may be removed or
extinguished by a definite pecuniary value. See 2 Greenl. R. 22; 5 Greenl. R.
3. There are encumbrances of another kind which cannot be so removed, such as
easements for example, a highway, or a preexisting right to take water from, the
land. Strictly speaking, however, these are not encumbrances, but appurtenances
to estates in other lands, or in the language of the civil law, servitudes. (q.
v.) 5 Conn. R. 497; 10 Conn. R. 422 15 John. R. 483; and see 8 Pick. R. 349; 2
Wheat. R. 45. See 15 Verm. R. 683; l Metc. 480; 9 Metc. 462; 1 App. R. 313; 4
Ala. 21; 4 Humph. 99; 18 Pick. 403; 1 Ala. 645; 22 Pick. 447; 11 Gill &
ENDEAVOR, crim. law. An attempt. (q. v.) Vide Revolt.
ENDORSEMENT. Vide Indorsement.
ENDOWMENT. The bestowing or assuring of a dower to a woman. It is
sometimes used: metaphorically, for the setting a provision for a charitable
institution, as the endowment of a hospital.
ENEMY, international law. By this term is understood the whole body of
a nation at war with another. It also signifies a citizen or subject of such a
nation, as when we say an alien enemy. In a still more extended sense, the word
includes any of the subjects or citizens of a state in amity with the United
States, who, have commenced, or have made preparations for commencing
hostilities against the United States; and also the citizens or subjects of a
state in amity with the United States, who are in the service of a state at war
with them. Salk. 635; Bac. Ab. Treason, G.
2. An enemy cannot, as a general rule, enter into any contract which can be
enforeed in the courts of law; but the rule is not without exceptions; as, for
example, when a state permits expressly its own citizens to trade with the
enemy; and perhaps a contract for necessaries, or for money to enable the
individual to get home, might be enforced. 7 Pet. R . 586.
3. An alien enemy cannot, in general, sue during the war, a citizen of the
United States, either in the courts of, the United States, or those of the
several states. 1 Kent, Com. 68; 15 John. R. 57 S. C. 16 John. R. 438. Vide
Marsh. Ins. c. 2, s. 1; Park. Ins. Index. h. t.; Wesk. Ins. 197; Phil. Ins.
Index. h. t.; Chit. Comm. Law, Index, h. t.; Chit. Law of Nations, Index, h.
4. By the term enemy is also understood, a person who is desirous of doing
injury to another. The Latins had two terms to signify these two classes of
persons; the first , or the public enemy, they called hostis, and the latter, or
the private enemy, inimicus.
TO ENFEOFF. To make a gift of any corporeal hereditaments to another.
TO ENFRANCHISE. To make free to incorporate a man in a society or body
politic. Cunn. L. D. h. t. Vide Disfranchise.
ENGAGEMENT. This word is frequently used in the French law to signify
not only a contract, but the obligations arising from a quasi contract. The
terms obligations (q. v.) and engagements, are said to be synonymous 17 Toull.
n. 1; but the Code seems specially to apply the term engagement to those
obligations which the law, imposes on a man without the intervention of any
contract, either on the part of the obligor or the obligee. Art. 1370.
ENGLESHIRE. A law was made by Canutus, for the preservation of his
Danes, that when a man was killed, the hundred or town should be liable to be
amerced, unless it could be proved that the person killed was an Englishman.
This proof was called Engleshire. It consisted, generally, of the testimony of
two males on the part of the father of him that had been killed, and two females
on the part of his mother. Hal. Hist. P . C. 447; 4 Bl. Com. 195; Spelman,
Gloss. See Francigena .
TO ENGROSS, practice, conveyancing. To copy the rude draught of an
instrument in a fair and large hand. See 3 Bouv. Inst. n, 2421, note.
ENGROSSER. One who purchases large quantities of any commodities in
order to have the command of the market, and to sell them again at high
TO ENJOIN. To command; to require; as, private individuals are not
only permitted, but enjoined by law to arrest an offender when present at the
time a felony is committed or dangerous wound given, on pain of fine and
imprisonment if the wrong doer escape through their negligence. 1 Hale, 587; 1
East, P. C. 298, 304; Hawk. B. 2, c. 12, s. 13; R. & M. C. C. 93. 2. In a
more technical sense, to enjoin, is to command or order a defendant in equity to
do or not to do a particular thing by writ of injunction. Vide Injunction.
TO ENLARGE. To extend; as, to enlarge a rule to plead, is to extend
the time during which a defendant may plead. To enlarge, means also to set at
liberty; as, the prisoner was enlarged on giving bail.
ENLARGING. Extending or making more comprehensive; as an enlarging
statute, which is one extending the common law.
ENTIA PARS. The part of the eldest. Co. Litt. 166; Bac. Ab.
2. When partition is voluntarily made among coparceners in England, the
eldest has the first choice, or primer election, (q. v.) and the part which she
takes is called enitia pars. This right is purely personal, and descends; it is
also said that even her as signee shall enjoy it; but this has also been
doubted. The word enitia is said to be derived from the old French, eisne the
eldest. Bac. Ab. Coparceners, C; Keilw. 1 a, 49 a; 2 And. 21; Cro. Eliz. 18.
ENJOYMENT. The right which a man possesses of receiving all the
product of a thing for his necessity, his use, or his pleasure.
ENLISTMENT. Thc act of making a contract to serve the government in a
subordinate capacity, either in the army or navy. The contract so made, is also
called an enlistment. See, as to the power of infants to enlist, 4 Binn. 487; .5
Binn. 423; Binn. 255; 1 S. & R. 87; 11 S. & R. 93.
ENORMIA. Wrongful acts. See Alia Enormia.
TO ENROLL. To register; to enter on the rolls of chancery, or other
court's; to make a record.
ENROLLMENT, Eng. law. The registering, or entering in the rolls of
chancery, king's bench, common pleas, or exchequer, or by the clerk of the peace
in the records of the quarter sessions, of any lawful act; as a recognizance, a
deed of bargain and sale, and the like. Jacob, L. D.
TO ENTAIL. To create an estate tail. Vide Tail.
ENTIRE. That which is not divided; that which is whole.
2. When a contract is entire, it must in general be fully performed, before
the party can claim the compensation which was to have been paid to him; for
example, when a man hires to serve another for one year, he will not be entitled
to leave him at any time before the end of the year, and claim compensation for
the time, unless it be done by the consent or default of the party hiring. 6
Verm. R. 35; 2 Pick. R. 267; 4 Pick. R. 103 10 Pick. R. 209; 4 McCord's R. 26,
246; 4 Greenl. R. 454; 2 Penna. R. 454; 15 John. R. 224; 4 Pick. R. 114; 9 Pick.
R. 298 19 John. R. 337; 4 McCord, 249; 6 Harr. & John. 38. See
ENTIRETY, or, ENTIERTIE. This word denotes the whole, in
contradistinction to moiety, which denotes the half part. A hushand and wife,
when jointly seized of land, are seized by entierties and not "pur mie" as joint
tenants are. Jacob's Law Dict.; 4 Kent, 362; 2 Kent, 132; Hartv. Johnson, 3
Penna. Law Journ. 350, 357.
ENTREPOT. A warehouse; a magazine where goods are deposited, and which
are again to be removed.