Page:Black's Law Dictionary (Second Edition).djvu/425

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ELEEMOSYNARIA

ELEEMOSYNARIA. The place in a re- ligions house where the common aims were deposited, and thence by the almoner distributed to the poor.

In old English law. The aumerie, ailmilry, or ambr1/; Words still used in common speech in the north of England, to denote a pantry or cupboard. Cowell.

The office of almoner. Gowell.

ELEEMOSYNARIUS. In old English law. An nimoner, or chief officer, who received the eleemosynary rents an] gifts, and in due method distributed them to pious and charitable uses. Cowell; Wharton.

The name of an officer (lord almouer) of the English kings, in former times, who distributed the royal aims or bounty. Fleta. ilb. 2, c. 23.

ELEEMOSYNARY. Relating to the distribution of nlms, bounty, or charity; charitable

—Eleel:nosynnry corporations. See Con- rorurroxs.

ELEGANTER. In the civil law. Accurately; with discrimination. \'eazie v.

Williams, 3 St.n|‘V (ill, 636. Fed. Cas. No. 16,907.

ELEGIT. (Lat. He has chosen.) This is the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I. c. 18) either upon a Jutigment for :1 debt or damages or upon the forfeiture of a recognizance taken in the kings court. It is so called because it is in the choice or election of the plaintiff whether he will sue out this writ or a 7!. fa. By it the (lefenr‘|ant‘s goods and chattels are appraised and all of them (except oxen and beasts of the plow) are delivered to the plalntrtt, at such reasonable appraiscment and price, in part satisfaction of his debt. 11‘ the goods are not sufficient, then the mole tv of his freehold lands, nhlch he had at the time of the judgment given, are also to he delivered to the plalni-ill’. to hold till out of the rents and profits thereof the debt he levied, or till the defendant's interest he expired. During this period the plaintiff is called "tenant by elcgit." and his estate, en “es- rate by elcgit." This writ, or its analogue, is in use in some of the United States, as Virfiuia and Kentucky. See 3 Bl. Comm. 418; Hutcheson v. Grubbs. 80 Va 234; North American F. Ins. Co. 17. Graham, 5 Sandi. IN. Y.) 197.

ELEMENTS. The forces of nature. The elements are the means through which God acts, and “damages by the eicments' means the same thing as ‘damarzes by the act of God. ' Polack v. Ploche. 35 Cal. -116, 95 Am. Dec. 115; Van Wormer v. Crane, 51 Mich. 303, 16 N. W. 686, 47 Am. Rep. 532; Hatch

Bl.Law Dict.(2d Ed.)—2l

417

ELONGAVIT

v. Stamper, 42 Conn. 30; Pope v. Milling Co.. 130 Cai. 139, 62 Pac. 384, 53 L. R. A. 673, 80 Am. St. Rep. 87.

ELIGIBLE. As applied to a candidate for an electiwe office, this term means capable of being chosen; the subject of seieetinn or choice: and also implies competency to hold the office it chosen. Demaree v. States. 50 Kan. 275, 32 P210. 1123, 20 L. IL. A. 97. 34 Am. St. Rep. 113; Carroll v. Green, 14S Ind. 362. 47 N. E. 223; Searcy v. Grow. 15 (‘»al. 121: People v. Purdy, 21 App. Div. 66. 4'.‘ N. Y. Supp. 601.

ELIMINATION. ln old l"inglisi1 law. The act of banishing or turning out of doors; rejection.

ELINGUATION. cutting out the tongue.

The punishment of

ELISORS. In practice Electors or chooser-s. Persons appointed by the court to execute writs of -rcnire, in cases where hoth the sherlfi.“ and coroner are disqualified from acting, and whose duty is to chaos:-~t.lmt is, name and returufthe jury. 3 Bl. Comm. 350: 00. Litt. 158: 3 Steph. Comm. 597. note.

Persons appointed to execute any Writ, in default of the sherilr and coroner, are also calied “elisors.” See Bruuer v. Superior Court, 92 Cal. 239. 28 Pac. 341.

ELL. A measure of length, answering to the modern yard. 1 Bl. Comm. 275.

ELOGIUM. testament.

In the civil law. A will or

ELOIGNE. In practice. (Fr. élnigncr, to remove to I1 distance: to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff.

ELOIGNMIINT. The getting a thing or person out of the way; or removing it to a distance, so as to be out of reach. Garneau v. Mill Co., 8 Wash. -167, 36 Pac. 463.

ELONGATA. In practice. Eloigned: carried away to a distance The old form of the return made by a shout! to a writ of replevln. stating that the goods or beasts had been eloigncd; that is, carricd to a distance, to places to him unknown. 3 Bl. Comm. 148; 3 Steph. Comm. 5_-: Fitzb. Nat. Brev. 73, 74: Archb. N. Pract. 552.

ELONGATUS. Eloigned. A return made by a sherifif to a writ zle homine 1-cpleyianrlo. stating that the party to be repleried has been eloigned, or conveved out of his juris- diction. 3 Bl. Comm. 129.

ELONGAVIT. In England, where in a

proceeding by foreign attachment the plain- M

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