Page:Black's Law Dictionary (Second Edition).djvu/427

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EMBEZZLEMENT

been intrusted. Pen. Code Cal. 5 503; Pen. Code Dali. § 596.

Embezzlement is a species of larceny, and the term is applicable to arses of furtive and fraudulent appropriation by clerks, serv- ants, or carrlers of property coming i.nto their possession by virtue of their employ- ment. It is distinguished from “l.irccny," propelly so called, as being committed ln respect of property which is not at the time in the actual or legal possession of the owner. People v. Burr. 41 How. Prac. (N. Y.) 20-1; 4 Steph. Comm. 168.

Embezzlerncnt is not an oliense at common law, but was created by statute. “Einbezzie" includes in its meaning appropriation to §rne’s own use, and therefore the use of the single word "einlvczzlef in the indictment or inform- ation, contains within itself the charge that the defendant appropriated the money or prop- zrty to his own use. State v. Wolff, In. .\un. IIS3.

IHVIBLEMATA TRIBONIANI. In the ltoman law. Alterations. modifications, and adtlltions to the writings of the older jurists, selected to make up the body of the Pandects, introduced by Trihonian and his associates who constituted the commission appointed for that purpose, with a vlew to harmonize COlli.'l‘.ldi(‘tl0l'lE, exstind obsolete matter, and make the whole conform to the law as nndei» stoml in .lnstinian's time, were called by this name. Mackeld. Ruin. law, § 71.

EMBLEMENTS. The vegetable chattels called "einbleinents" are the corn and otber gran th of the earth which are produced annuaily, not spontaneously, but by lnbor and lndustry, and thence are called “fr-uctus induatriaIe.i." Iteift v. Reitt, 64 Pa. 137.

The growing crops of those vegetable pro- ductions of the soil which are annually produc- ed by the labor of the cnitii-ator. They are deemed personal property, and pass as such to the executor or administrator of the occupier. whether he were the owner in fee, or for life, or for years, if he die before he has actually cut, reaped, or gathered the same; and this. althon,-zb, being affixed to the soil, they Dlblilt for some purposes be considered, while grow- ll.l.'.', as part of the realty. “'11urt0n.

The term also denotes the right of a tenant to take and carry away, after his tenancy has ended. such annual products of the land as have resulted from his own care and labor.

Emhlemenis are the away-going crop: in other words, the crop which is upon the ground and unreaped when the tenant goes away. his lease having determined: and the right to em- hlements is the right in the tenant to take away the away-going crop, and for that purpose to come upon the land, and do all other necessary things thereon. Brown: Wood 1'. No- ack. S4 Wis. 393. 54 N. V\’. 73'): Davis v. Bruckiehanh. 9 N. H. 73; Cottle v. .\‘pit7er. 65 Cal. 456. 4 Pac. 433. 52 Iiep. 305: Sparrow v. Pond. 49 Minn. 412. 32 N. W. 36, 16 L. R. A. 103. 32 Am. St. Rep. 5TI.

EMBLERS DE GENTZ. L. Fr. A stealing from the people. The phrase occurs in the old rolls of parliament: “Whereas divers

419

EMENDATIO

murders, emblers do gentz, and robberies are committed," etc.

EMBOLISM. In medical jurisprudence. The mechanical ohstruqion of an 8l‘1.ul‘y or capillary by some body traveiing in the biood current, as, a blood-clot (einbolus), a glnbule of fat, or an mr-bubble.

Emboiism is to be distinguished from “thrombosis," a thrombus being a ciot of blood form- ed in the heart or a blood vessel in Cl'\llSEqIJE"l]CC of some_ impediment of the circulsilon from pnthoiogicai causes, as distinguished from mechanical causes, for example, an alteration of the blood or walis of the blood vessels. \\ hen embolism occurs in the brain (caillt-<i “cerebral embolism") there is more or less consul-ition of the blood in the surrounding parts, and there may be apnplectic shock or paralysis of the brain, and its functional actiiity may he so far tlisturbcd as to cause entire or partial insanity. See Gundall v. Haswell, 23 IL I 508. 51 Atl. 4‘ 6.

EMBRACEOR. A person giulty of the offense of embracery, (q. r.) See Co. Litt. 369.

EMBRACERY. In criminnl law. This ofifcnse consists in the attempt to influence a jury corruptiy to one side or the otber, by promises, persuasions. entreaties. entertainments, douccurs, and the mic. The pet-son guilty of it is called an "emliracenr." Bi-onn; State v. Vlfilliams, 136 M0. 293. 58 S W. 75: Giannis v. Branden, .5 Day (Gonn.y 27-1. 5 Am. Dec. 143; State v. Brown, 95 N. C. G-<13; Brown v. I3e.‘Il]Cl.]DIIl[J. 5 '1‘. B. Mon. ([{y.) 415. 17 Am. Dec. 81.

EMENDA. Amends; something glien in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman.

EMENDALS. An old word still mnde use of in the accounts of the society of the Inner Temple, where so much in cmcmlala at the foot of an account on the balance thereof signifies so much money in the bank or stock of the houses, for repara tion of losses, or other emergent occasions. Spelman.

EMENDARE. In Saxon law. To make amends or satisfaction for any crime or tres pass committed: to pay a fine; to be fined. Speiman. Ememiare se, to iedeeni, or ransom one’s llte, by payment of a we-re;iitl.

EIVFENDATIO.}} In 1111! English law. Amendment, or correction. The power of amending and correcting abuses, according to certnln rules and measures. (‘owell

In Saxon law. A pecuniary sntistnction for an i.n_1nry; the same as cmendu, (q. 1}.) Spelnmn —El:neuAla.tio panis at cerevisise. In old English law. Tb_e power of supervising and correcting the _weights and measures of hread and ale. (assising bread and beer.) Cowell.

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