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 act) 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 English law. Officers annually appointed, to whom was committed the duty of taking and publishing the account of all expenses incurred at parliamentary elections. See 17 & 18 Vict. c. 102, §§ 18, 26–26 Vict. c. 29, which throws the duty of preparing the accounts on the declared agent of the candidate, and the duty of publishing an abstract of it on the returning officer. Wharton.—Election district. A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections, Chase v. Miller. 41 Pa. 420; Lane v. Otis. 68 N. J. Law, 656, 54 Atl. 442.—Election dower. A name sometimes given to the provision which in law or statute makes for a widow in case she "elects" to reject the provision made for her in the will and take what the statute accords. Adams v. Adams. 183 Mo. 396, 82 S. W. 66.—Election judges. In English law. Judges of the high court select in pursuance of 31 & 32 Vict. c. 125, § 11, and Jud. Act 1873, § 38, for the trial of election petitions.—Election petitions. Petitions for inquiry into the validity of elections of members of parliament, when it is alleged that the return of a member is invalid for bribery or any other reason. These petitions are heard by a judge of one of the common-law divisions of the high court.—Equitable election. The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U.S. 670, 10 Sup. Ct. 354, 38 L. Ed. 686; Drake v. Wild, 70 Vt. 52, 39 Atl. 248.—General election. (1) One at which the officers to be elected are such as belong to the general government,—that is, the general and central political organization of the whole state; as distinguished from an election of officers for a particular locality only. (2) One held for the selection of an officer utter the expiration of the full term of the former officer; thus distinguished from a special election, which is one held to supply a vacancy in office occurring before the expiration of the full term for which the incumbent was elected. State v. King, 17 Mo. 514; Downs v. State. 78 Md. 128, 26 Atl. 1005: Mackin v. State, 62 Md. 247; Kenfield v. Irwin. 52 Cal. 169.—Primary election. An election by the voters of a ward, precinct, or other small district, belonging to a particular party, of representatives or delegates to a convention which is to meet and nominate the candidates of their party to stand at an approaching municipal or general election. See State v. Hirsch, 125 Ind. 207, 24 N. E. 1062, 9 L. R. A. 170; People v. Cavanaugh, 112 Cal 676, 44 Pac. 1057; State v. Woodruff, 63 N. J. Law, 89, 52 Atl. 294.—Regular election. A general, usual, or stated election. When applied to elections, the terms "regular" and "general" are used interchangeably and synonymously. The word "regular" is used in reference to a general election occurring throughout the state. State v. Conrades, 45 Mo. 47; Ward v. Clark, 35 Kan. 315, 10 Pac. 827; People v. Babcock, 123 Cal. 307. 55 Pac. 307, 55 Pac. 1017.—Special election. An election for a particular emergency; out of the regular course; as one held to fill a vacancy arising by death of the incumbent of the office.

Electiones fiant rite et libere sine interruptione aliqua. Elections should be made in due form, and freely, without any interruption. 2 Inst. 169.

elective. Dependent upon choice; bestowed or passing by election. Also pertaining or relating to elections; conferring the right or power to vote at elections.

—Elective franchise. The right of voting at public elections; the privilege of qualified voters to cast their ballots for the candidates they favor at elections authorize by law. Parks v. State. 100 Ala. 634, 13 South. 756; People v. Barber, 48 Hun (N. Y.) 198; State v. Staten, 6 Cold. (Tenn.) 255.—Elective office. One which is to be filled by popular election. Rev. Laws Mass. 19002. p. 104, c. 11, § 1.

elector. A duly qualified voter; one who has a vote in the choice of any officer; a constituent. Appeal of Cusick, 136 Pa. 439, 20 Atl. 574, 10 L. R. A. 228: Bergevin v. Curtz. 127 Cal. 86, 59 Pac. 312; State v. Tuttle, 53 Wis. 45, 9 N. W. 791. Also the title of certain German princes who formerly had a voice in the election of the German emperors.

—Electors of president. Persons chosen by the people at a so-called "presidential election," to elect a president and vice-president of the United States.

electoral. Pertaining to electors or elections; composed or consisting of electors.

—Electoral college. The body of princes formerly entitled to elect the emperor of Germany. Also a name sometimes given, in the United States, to the body of electors chosen by the people to elect the president and vice-president. Webster.

electrocute. To put to death by passing through the body a current of electricity of high power. This term, descriptive of the method of inflicting the death penalty on convicted criminals in some of the state, is a vulgar neologism of hybrid origin, which should be discountenanced.

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.