Page:Black's Law Dictionary (Second Edition).djvu/420

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ECUMENICAL

ECUMENICAL. General; universal, as an ecuiuenicuii council. Groesbeeck v. Dunscomb. 41 How. Pl'l1C. (N. Y.) 344. EDDERBRECHE. In Saxon law. The offense of hedgebiealiing. oiisoiste.

EDESTIA. In old records. Buildings.

EDIGT. A positive law proinuigated by the sovereign of 21 country, and having rel!- erence either to the whole hind or some of its divisions, but usually relating to affiirs of state. It differs from a “public proclamation," in that it enacts a new statute, and carries with it the authority of law.

EDICTAL CITATION. In Scotch law. A citation puliiishcd at the market cross of Edinburgh, and pier and shore of Leith. Used ag-iiust foreigners not within the king- dom, but having a landed est-ite there, and against natives out of the kingdom. Be1L

EDICTS OF JUSTINIAN. Thirteen constitutions or laws of this fll‘llll"e, fnuiid in most editions oi! the Cor-pu.-i .luri.:¢ Uilili-H, after the Novels. 132111,’: confined to matters of police in the provinces of the empire, they are of little use.

EDICTUM. in the Roman law. An edict: a mandate, or ord.ln:iiic-e. An ordi- nance, or law, enacted by the emperor without the senate; beioiiging to the class oi! constitiitiancs privicipis. inst. 1. 2, 6. An i-(Ilct was :1 mere voluntary constitution of the emperor; differing from a rcscript, in not being returned in the way of answer; and from a decree, in not being given in

judgment; and from lioth, in not being tuuiided upon solicitation. Tayi. Civil Law,

A general order puhiished by the prtetor, on entering upon his offico. containing the system of rules by which he would administer justice during the year of his ottice. Dig. 1, 2, 2. 10: Maclreid. Rom. Law, § 35. Tiiyl. Civil Law, 214. See Calvin.

—I-Jdictnm annnnm. The annual edict or systcm of rules promulgated by a Ronnin priF tor immediately upon assuming his oltice. settinz forth the principles by which he would be gnidv.-d in determining‘ canscs during his term of ofiire Maclield. Rom. IAW. 3G.—Edietum per-petnnm. The perpetual edict. A compilation or system of law in fifty books. digested by Julian, s lowyer of great eminence under the reign of Adrian, from the przetor's edicts and other parts of the Ju: Honorarium. All the remains of it which have come down to us life the extracts of it in the Digests. Butl. II(ir. Jur. fi2.—Edictnm pravinciale. An edict or system of rules for the administration of justice, similar to the edict of the prietor, put forth by the proconsuis nnd proprmtors in the provinces of the Roman Empire. liackcld. Rom. Law. 3(‘».—]-ltlictnzn Theodor-ici. This is the first collection of law that was made after the downfall of liie man power in ltnly. It was promulgated by Theodoric king of the Ostrogotlls, at Rome in A. D. 500. It consists

412

EFFECTS

of 154 cbupters in which we recognize parts tukcn from the ode and Novella: of Theodosins, from the Codiccs Grcgoriunus and Herinogeni:in- us, and the Si-.'ll!t-l]tl.'€ of Pauius. The eflrt was dorhtlcss dinw up by Roman writers, but the oiiginzil sourcts are more disfigured and altered than in any other compilation. This culleuion of law vias intended to apply both to the Goths and the Romans. so far ll! 11.: pro- \isi-.ins went; but, when it made no iiltcrntio in the Gothic law. that law was still to be in force. Sm-is . (icscliicbte des R. l{..——Ed.ictum tralatitinni. Where a Roman pr-.uur. upon assuming ollii e, did not publish a wbolly new edict, but l'eta.'lncd the whole or a principal part of the edict of his predecessor (as was usually the case) only adding to it such rule! as appeared to be necessary to adapt it to chain.‘- in; socinl conditions or jl.il‘lSCiC ideas. it ins (_'.'-liied “ iiLtLl1l.l tralnt.'itlui.n." Mack:-ld. Rom Law, § 36.

I-.‘.DI'I'US. in old English law. Put forth or promulgated, when spe:il.ii.ig of the ins- Edge of a statute; and brought lortli, or boiii, when speaking of the birth of a child.

EDUCATION. Wlthiii the meaning of a statute relative to the powers and duties of guardians, this term compreheniis not mere- ly the instructioii received at school or coi- iege, but the whole course or training, moral, intellectual, and physical. Education may be paiticularly directed to either the mental, moral, or physical powers and faculties, but in its broadest and best sense it relates to them all. Mount Herman Boys’ School v. Gill. 145 Mass. 139. 13 N. E. 351; Cook v. State. 90 Te-nu. 407, 16 S. W. -l'i' , 13 l. R. A. 183; Ituohs v. Backer, 6 Heisk. (Tenn) 400. 19 Am. Rep. 508.

EFFECT. The result which an instru- ment between partlm will produce in their relative rights, or which a statute will pro- duce upon the existing law, as discovered from the language used, the forms employed, or other materials for construing it.

The phrases "take effect." "he in force." "go into operation," etc., have been used inter- cln-Lugcshly ever since the orgnnimtion of the state. Maize v. State, 4 Ind. 842.

EFFECTS. Personal estate or property.‘ This word has been held to be more compre hensive than the word "goods," as including fixtures, which “goods" will not include. Bank v. Byram, 131 Ill. 92. 22 N. E. S42.

In wills. The word "etEec’ts” is equiva- lent to “property.” or "worid1y substance" and. it used simpI¢'c-Her, as in a gift of “all my effects." will carry the whole personal estate. Ves. Jr. 507: Word. Leg. 209. The addition of the words “real and personal" will e\‘tend it so as to €lJJi>I“‘l(.‘e the u hole of the testntor’s real and person-ii estate. Hu- gan v. Jackson. Coup. 304; The Alpena (D. C.) 7 Fed. sci.

This is a word often found in wills, and, being equivalent to ‘‘property, or "worldly substance." its force depends greatly upon the iissoci.-itioii of the adjectives “real" and

“persoi1ai." “Ilc:1i and personal effects"