Page:Black's Law Dictionary (Second Edition).djvu/424

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ELECTION 416 ELEEMOSYNÆ  

afforded by law for the redress of an injury, or one out of several available forms of action. Aimy v. Harris, 5 Johns. (N. Y.) 175.

In criminal law. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a continuous series of sets) it will proceed Jackson V. State. 95 Ala. 17, 10 South. 657.

In the law of wills. A widow's election is her choice whether she will take under the will or under the statute; that is, whether she will accept the provision made for her in the will, and acquiesce in her husband's disposition of his property, or disregard it and claim what the law allows her. In re Cunningham's Estate, 137 Pa 621, 20 Atl. 714, 21 Am. St Rep. 901; Sill v. Sill, 31 Kan. 248. 1 Pac. 336; Burroughs v. De Couts, 70 Cal. 361, 11 Pac. 734.

—-Election auditors. In En ficcrs ziImua]i_\- i1-pointcd. to who Ird the duty of taking and publr in_-_v the no- In mt of all expenses incurred at lI.u'liIII'ri9nU1l'.V tions. Sec 17 & 18 Via. c. 102. §§ 1S. 2»-

But the» sections have been l‘t‘peIiletl hy 26 Vict c. 29, which throws the duty of pre- rmrin: the accounts on the rieclzired av.-nut of the cnudidtltc. uud the duty of publishing on nhstmrt of it on the returning oh-er. Whar- lou.—Election district. A suhdiiision of tarritory, whether of state. county, or city, the boundaries of which nre fixed by law, for con- vnnience in local or general elections, (‘base v. \'Iiiier. 41 Pu. 420; Lune v. Otis. 68 N. J. linw, 656. 54 AH. 4-l2.—Election «lower. A name sometimes ifiven to the provision which in law or statute malws for a widow in case she "e'.tcts” to reject the provision made for her in the will nnd take what the statute 3(‘(‘(ll'KlS. -'tdams v. Adams. 183 M0. 396. 82 S . (J . —Eleotion judg ' low. of the high cnurr ‘u'1n(*e of 31 & 32 Viot. c. 122'-. § 11. um] Jud .-\ct 1-‘$73. § 33, for the trial of election petitions.—Election petitions. Petitions for inquiry into the va- liiiity of elections of members of parliament. when it is alleged that the return of a member is invalid for hrii-cry or any other reason These petitmns are heard by I1 jurl,-:e of one of the common-law divisions of the high court.- Eqnltable election. The choice to be made hy a person u‘-o may. under a will or other instrument. haw either one of two alternative rlzhts or henofits but not hn Putt-rs v. Bnin, 133 ‘:70. 10 Sup. CC. 1. 38 1:. Fri G06; Drake v. Wild. 70 \'t. 5 39 All. 2=l°.—G-enetal election. (1) One at whi('h the offici-rs to be electrd are such as belongz to tho gvurrul gnvernnient.—tlmt Is, the general and central political orgnnizition of the whole state: as distinguished from sn election of officers for s nniiiuilur locality only. (2) One held for the F('l:CtlDl] of an officer utter the expiration of the full term of the former officer: thus distin- guishcd from a special election, which is one lwhl to suppiy a wtciincy in office 0cL'llll‘llJ_.' before the ml-ir-itiou of the full tnrni for which the inoun *-int was elected State v. King; 17 Mo. 514: Downs v. State. 78 lild 128 i Atl. 1005: Maclsin v. State. ’ hit]. 247; (enficld v. Irwin. 52 Cal. I69. Primary election. An election by the voters of a ward. pi-ennct, or other small district. belonging to s particular

rty, of representatives or delegates to :-i con- vention which Is to meet and nominate the candidates of their party to stand at an approaching municipal or general eltclion. See Stnte v.

Hirsch. 125 Ind. 207, 24 N. E. 1062. 9 L. R. A. 17 People v. Cavsnaugh. 112 C11. 676. -H . ,7‘ State v. Wnod1'ufE. 63 N. J. Li“\‘ S0, 52 A . 29~i.—Reg1ila.i- election. A general, usual, or stated oiection.

W/lien apptlrd to eitctions, the terms “regular” and "gt-nt-ml" are used interchangeiihly and synonymnusly. The word "regular" is used in reference to a general election or-curring throughout the state. Stan.- v. Cour-uh’-s. 45 Mo. 47: Ward v. Clark, 3 luin. 31». 10 Pac S27: l.’eopic v. Bahcock. 1:: Chi. 307. 55 Pac. l017.—SpeI:ial election. An Cli‘(Il0l.I for a particiiiar erneigcucy, out at the regular course: us one held to fill s vsunnq arising by (lentil of the incumbent of the otliun,

Elections: fiant rite et. lilnere sine iiitex-rnptione aliqua. lfiiet-nuns should he made in due form, and freely, uithout uni Luterruptlou. 2 Inst. 169.

ELECTIVE. Dependent upon choice; Lr stowed or passing by election. Also pertaining or relating to elections: conferring the right or 11ower to vote at eicctions. —Eleotive fi-anchiss. The right of voting at publit elections: the piiviicgo of qualified voters L0 cast their haliots for the candid.tes they favor st eiections iuuhorizt-(l by law Parks v. Shtc. 100 Ala. liiil. 13 ' u_uth. People v. Bsriuer. 48 [Inn |.\‘ Y.) HIS. Sis! v. Staten. 6 Cold. [Tenn.) 25- —Elective offioe. One wlikh is to be filled by popular election. ltev. Laws Moss. 190.2. p. 1U-i, c.

ELECTDR. A duly qualified voter; om

who has a iote in the choice of any officer. a constituent. Appeal of Cusick, 136 Pa. 43,-. 20 Atl. 574. 10 L. R. A. 228: Beueyin \. Curtz. 1'27 Gail. S6, 59 Pac. 312; State r. Tuttle, 53 \vis. -15, 9 N. \\’. 791. Also the title of Ce] taiu Gerninn princes who formerly had :1 voice in the election of the German emperors. —Electox's of president. Persons chosen hy the people at a so-culled "presidantisi chection.” to elect a president and vice-president of the United States.

ELECTORAL. Pertaining to electors or elections; composed or consisting of electors. —Eleetu1-nl college. The body of princes fornieriy entitled to elect the emperor of Germany. Also in name sometimes given, in the Ilmtcd States. to the body of ei_ct-tors choseu_by the people to elect the president and vicepresident. Webster.

ELECTROCUTE. To put to death by passing through the hotly a current of elec ti-lclty of high power. '1‘lils term, descriptive of the method of iiiflictlng the death pen sity on convicted criminals in some of the stutes. is a vuliznr neolofism of hybrid origin. which should be disconntenunced.

ELEEMOSYNA REGIS, and ELEEMOSYNA ARATRI, or CARUCARUM. A penny which King Ethelred ordered to be paid for every plow in England towards the support of the poor. Leg. Ethel. c. 1.

ELEEMOSYNÆ. Possessions belonging to the church. Blount.