Page:Black's Law Dictionary (Second Edition).djvu/426

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ELOPEMENT

tin‘ has obtained judgment of appraisement, but by reason of some act of the gai-nishee the goods C'lIlDDt be appraised, (as where he has removed them from the city, or has sold them. etc..) the serjeant-at-mace returns that the gainisliee has elnigned them. i. 9.. removed them out of the jurisdiction, and on this 1'eturn (called an “eion,,rravit") judgment is gien for the pluintifi th.it an inquiry be nlade of the goods eloigned. This inquiry is set down for trial, and the assessment is made by a jury after the manner of ordinary issues. Sweet

ELOPEMENT. The act of a wife who voluntarily dcscrts her husband to cohabit with another man. 2 Bl. Comm. 1.50. To constitute an elopement, the wife must not oiilv leme the husband, but go beyond his actual control; for it she abandons the bus- band, nnd goes iind lives in adultery in a house belonging to him. it is said not to be an elopenient. Cogswell v. Tlbbetts, 3 N. H. 12.

ELSEWHERE. In another place; in my other place. See 1 Vern. 4, and note.

In shipping articles, this term, following the designation of the port of destination, must be construed either as void for uncertainty or as subordinate to the principal voy- age stated in the preceding words. Brown v. Jones, 2 Gail. 477, Fed. (his. No. 2,017.

ELUVIONES. In old pleading. Spring tides. Townsh. Pi. 197.

EMANCIPATION. The act by which one “ho was untree, or under the power and control of another. is set at liberty and made his own master Fremont v. Sandown, 56 N. H. 303; Porter v. Powell 79 Iowa, 151, 44 B. W. 295, '1' L. R. A. 170, 18 Am. St. Rep. 33:3; Varney v. Young, 11 Vt. 258.

In Roman law. The enfranchiseinent of n son by bls father, which was anciently done by the formality of an im.-igzlii-iry sale. This was abolished by Justinian, who sub- stituted the sinipicr pro:-ee-(ling of a m.inu- mission before a mngistrzite. Inst, 1, 12, 6.

In Louisiana. The emancipation of mi- uors is especially recognized and regulated by law.

In England. The term "emancipation" i.|'llS been borrowed from the Roman law, and is constantly used in the law of parochial settlements. T Adol. & E. (N. S.) 574, note. —Emnncipntioz\ proclamation. An executive prorlnmation, deviating that aii persons

hcld in. slavery in certain designated states and districts were and siiould remain free. It was issued January 1. 186-2, by Abraham Lincoln, as president of the United States and comman- (let in chief.

EMBARGO. A prociamation or order of state. usu.-illy issued in time of war or threatened il0Si‘.ihtii-:8, prohibiting the departure of

418

EMBEZZLEMEN '1'

ships or goods from some or all the ports of such state until further order. The William King, 2 Wheat. 148, 4 L Ed. 206; De- iano v. Pedford Ins. Co., 10 Mass. 351. 6 -\l).l. Dec. 13 . King v. Delaware Ins. Co.. 1-! Fed. Cas. 510.

Embargo is the hindering or detention by any government of ships of commerce in its part. f the embargo is laid upon ships belongiy ID citizrns of the state imposing it. it is called a "civil embargo :" if, as more commonly bappens, it is laid upon ships belonging to the enemy. it is called a “hostile embargo." The effect of this latter embargo is that the V9 sels detained are restored to the rightful owners if no war foilows, but are forfeited to tilt embarguing government ' war does follow. the declaration of war being held to relate back to the original seizure and detention. Brown.

The temporary or permanent sequestration of the property of individuals for the purposes of a government, e. 9., to obtain vessels for the transport of troops, the owners being reimbursed for this forced service. l\L'1n. Int Itlw. 143.

EMZBASSADOR. See Axmissaooa.

EMBASSAGE, or EMZBASSY. The message or commission given by a sovereign or state to a minister, called an "ambassador." empowered to treat or comniuilicate with an- other sorercign or state; also the establish- ment of an ambussnilor.

EIVFBER DAYS. In ecclesiastical law. Those days which the ancient fathers called “qiuztuor tempura jeiimi-i" are of great ll]- tiquity in the Church. They are oliserieil oli Vvednesday, Friday, and Saturday next after Quadrageslma Sunday, or the hrst Sunday in Lent, after Whitsiuitide. Iloiyrood Day, in September, and St. Lucy's Day, about the middle of December. Brit. c 53. Our alm-i- nncs call the weeks in which they fall the “Ember \\s-eks," and they are now chlelly noticed on account of the ordination of priests and (leacons; because tile canon appoints the Sundays next after the Ember weeks for the solemn times of ordination, though the bishops. it they please, may 0l‘(Llll.l on any Sunday or holirlny. Enc. Loud.

EMBEZZLEMENT. The fraudulent uppropriatiuu to his own use or benefit of prop- erty or money intrusted to him by .1nothcl' by a clerk, agent, trustee. public orlicer, or other person acting in a fiduciary character. See 4 Bl. Comm 230, 231; 3 Kent, Comm. 194; 4 Stepli. Comm. JCS, 1119 219; Fagiiau v. Knox, 4-0 N. Y. Super. Ct. 49; State r. Suliiran, 49 La. Ann. 197, 21 South. SSS. 6'.’ Am. St. Rep. (344; State v. Trolson. 21 Nm. 119. 32 Pac. 930; Moore v. U. S., 100 U. S. 26S. 16 Sup. Ct W, 40 L Ed. 422: Fulton v Hammond (C. C.) 11 Fed. 293; People v. Gordon, 133 Cal. 328. (‘.5 Pac. 746. 85 Ann. St. ltcp. 174.

Emhezzlement is the fraudulent appropriation of property by a person to whom it has