Page:Black's Law Dictionary (Second Edition).djvu/423

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EJIDOS

EJIDOS. In Spanish law. Commons: lands used in common by the inhabitants of 11 city. pueblo, or town, for pasture, wood. threshing-ground, etc. Hart v. Burnett, 15 Cal. 554.

EJUEATION. one's place.

Renouncing or resigning

Ejns est interpx-etarl cujus est condei-e. It is his to interpret whose it is to enact. Tayl. Civil Law, 96.

Ejns est uulle. qni potest velle. He who can will. [exercise volihou.] has a right to refuse to will, [to withhold consent] Dig. 50, 7. 3.

Ejns est perlculuin cujns est domin- ium ant oommodnm. He who ha the dominion or advantage has the risk.

Ejus nulla. oulpn est. (mi parere na- oesse sit. No guilt attaches to him who is conipeiled to obey. Die. 50, 17. 169. pr. Obedience to existing laws is a suffiz-lent exteiiuntion of guilt before a civil tribunal. Broom, Max. 12, note.

EJUSDEM GENERIS. hind, class, or nature. In statutory construction, the "ejusrieni gen-

eris rule" is that where general wnrris follow an cnnrnen-ition of persons or things, by Words of a pnrtieuiar and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or cioss as those specific-iiiy mentioned. Black, Interp. Lrtws. 141: Cutshaw v. Denver, 19 Colo. App. 341, 75 Pac. 2'2; Ex parte Le- hind. 1 Nott & McG. (S. C.) 462; Spnlding v. People. 172 Ill. 40, 49 N. E. 993.

Oi’ the same

ELABORARE. In old European law. To gain, acquire, or purchase, as by labor and industry.

ELABORATUS. acquisition of labor.

Property which is the Speiman.

ELDER BRET!-IREN. A distinguished hotly of men, eiectcd as masters of Trinity House, an institution incorporated in the reign of Henry VIII._ charged with numer- ons imporiaiit duties relating to the marine, such as the superintenrience of lighthouses. iilozley & Whitley; 2 Steph. Comm. 502.

ELDER TITLE. A title of earlier date, hut coining simultaneously into operation with a titie of younger origin, is cnlled the “sider title." and prevails.

ELDEST. est uge.

The "eldest son" is the first-horn son. If there is only one son, he may still be described as the "eides " L R. 7 H. L. 644.

He or she who has the great-

415

ELECTION

Electa una via, non datnr l'el!Il1'SIlI ad alteram. He who has chosen one way rzmnot have recourse to another. 10 T0111]. no. 170.

ELECTED. The word “elecferi." in its ordinary signidcnijoii. carries wiih it the idea of a vote. gcnerally popular, soiiietimes more restricted, and cannot he held the syn- onym of any other mode of filling a position. Mapuder v. Swnnn. 25 ‘ild. 213: State V. Harrison, 113 Ind. 434. 16 N. E. 334. 3 Am. St. Rep. 66?; Kilnhoriin v. State. 130 ind. ‘[20. 29 N. E. 773, 14 L. R. A. 853. 30 Am. St. Rep. 209: Wicker-shain v. llrittan, 93 Chi. 34, 28 Pac 792, 15 L. R. A. 106; State V. Irwin, 5 Nev. 111.

Electio est interns lihern et spouts» nea separntio unins rei ah alia, sine compnlsioue, oonsistens in nnimo at voluutate. Dyer. 281. Fiection is an internal. free, and spnntniieniis separation of one thing from another. ivitiiout coiupuision. consisting in intention and will.

Eiectio Jamel facts, et plncitnm testntinn non patitnr reg-ressiun. C0. LiLt. 146. Election once uiaile, and plea wit- nessed, suffers not a recall.

ELECTION. The act of choosing or se lecting one or more from a greater nuiniier of persons, things. couises, or rights. The choice of an alternative. State V Tucker-, 54 Ala. 210.

The internal, free, and spontaneous separation of one thing from nnother, 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. Maynard V. District Canvass:-rs, S4 Mich. 228, 47 N. W. 756, 11 L. R. A. 332: Brown v. Phillips. 71 Wis. 239. 3G N. W. 342: Wickr=rshnn.l V Brittan, 93 Cai. 34. 28 Pac. 792. 15 L. R. A. 106.

The choice which is open to a d("iitOl' who is hound in an alternative ohiigation to se- lect 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 ivhcre there is clear intention of the person from whom he derives one that he should not enjoy both. 2 Story. F . Jur. § 1075: Biiss v. Geer. 7 Ill. App. 0 NOl'W0(i(i v. Lassitcr. 132 N. C. 52. 43 S. E. EH9: Salontine v. insurance Co- '79 Wis 380. 48 N. W. 855. 12 L. R. A. 600.

The doctrine of election presupposes a piurnlity of gifts or rights, with an intention. express or implied, of the party \\ ho has a right to lull- troi one or both. that one slionid be a suhstiliite for the other. 1 Swanst. 30-]. note 12,- 3 “"006. Lect. 401; 2 Rep. Leg. -iSiL5TS. _


In practice. The liberty of choosing (or the act of choosing) one out of several incans

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