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

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ejidos 415 election

ejidos. 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.

ejuration. Renouncing or resigning one's place.

Ejus est interpretari cujus est condere. It is his to interpret whose it is to enact. Tayl. Civil Law, 96.

Ejus est nolle, 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 periculum cujus est dominium aut commodum. He who has the dominion or advantage has the risk.

Ejus nulla culpa est, cui parere necesse sit. No guilt attaches to him who is compelled to obey. Dig. 50, 17. 169. pr. Obedience to existing laws is a sufficient extenuation of guilt before a civil tribunal. Broom, Max. 12, note.

ejusdem generis. Of the same kind, class, or nature.

In statutory construction, the "ejusdem generis rule" is that where general words follow an enumeration of persons or things, by words of a particular 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 class as those specifically mentioned. Black, Interp. Laws. 141; Cutshaw v. Denver, 19 Colo. App. 341, 75 Pac. 22; Ex parte Leland, 1 Nott & McC. (S. C.) 462; Spalding v. People, 172 Ill. 40, 49 N. E. 993.

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

elaboratus. Property which is the acquisition of labor. Spelman.

elder brethren. A distinguished body of men, elected as masters of Trinity House, an institution incorporated in the reign of Henry VIII., charged with numerous important duties relating to the marine, such as the superintendence of lighthouses. Mozley & Whitley; 2 Steph. Comm. 502.

elder title. A title of earlier date, but coming simultaneously into operation with a title of younger origin, is called the "elder title," and prevails.

eldest. He or she who has the greatest age.

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

Electa una via, non datur recursus ad alteram. He who has chosen one way cannot have recourse to another. 10 Toull. no. 170.

elected. The word "elected" in its ordinary signification, carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot he held the syntonym of any other mode of filling a position. Magruder v. Swann. 25 Md. 213; State v. Harrison, 113 Ind. 434, 16 N. E. 334, 3 Am. St. Rep. 663; Kimberlin v. State. 130 Ind. 120, 29 N. E. 773, 14 L. R. A. 858, 30 Am. St. Rep. 208: Wickersham v. Brittan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106; State v. Irwin, 5 Nev. 111.

Electio est interna libera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo at voluntate. Dyer, 281. Election is an internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will.

Electio semel facta, et placitum testatum non patitur regressum. Co. Litt. 146. Election once made, and plea witnessed, suffers not a recall.

election. The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. State v. Tucker, 54 Ala. 210.

The internal, free, and spontaneous separation of one thing from another, 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 Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R. A. 332: Brown v. Phillips, 71 Wis. 239, 36 N. W. 342; Wickersham v. Brittan, 93 Cal. 34, 28 Pac. 792. 15 L. R. A. 106.

The choice which is open to a debtor who is bound in an alternative obligation to select 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 where there is clear intention of the person from whom he derives one that he should not enjoy both. 2 Story. Eq. Jur. § 1075; Bliss v. Geer. 7 Ill. App. 617; Norwood v. Lassiter, 132 N. C. 52, 43 S. E. 509; Salentine v. Insurance Co., 79 Wis 380. 48 N. W. 855, 12 L. R. A. 600.

The doctrine of election presupposes a plurality of gifts or rights, with an intention, express or implied, of the party who has a right to control one or both, that one should be a substitute for the other. 1 Swanst. 3094, note b; 3 Wood. Lect. 491; 2 Rop. Leg. 480–578.

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