Page:Black's Law Dictionary (Second Edition).djvu/428

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EMERGE 420 EMOLUMENT

EMERGE. To arise; to come to light. “Unless a matter happen to emerge after issue joined." Hale, Aunt § 1.

EMERGENT YEAR. The epoch or date whence any people begin to compute their time

EMIGRANT. One who quits his country for any lawful reason, with a design to settle elsewhere, and who takes his family and property, if he has any, with him. Vattel. b. 1, c. . §22-1. Sec Williams v. Fears, 110 Ga. 534, 30 S. E. 699. 50 L. R. A. 685; The Danube (D. C.) 65 Fed. 995.

EMIGRATION. The act of changing one's domicile from one country or state to another.

It is to be distinguished from “expatriation." The latter means the abandonment of one‘s country and renunciation of one's citizenship in it, while emigration denotes merely the removal of person and property to a foreign state. The former is usually the consequence of the latter. Emigration is also used of the removal from one section to another of the same country.

EMINENCE. An honorary title given to cardinals. They were called “illustissismi" and “reveredissimi" until the pontificate of Urban VIII.

E1Vi'I:N']-INT DOMAIN. Eminent domain is the right of the people or government to take private property for puhlic use. Code Civ. Proc. Cal. § 1237; Cherokee Nation v. Southern Kan. R. Co. (D. O.) 33 Fed. 905; Comm. v. Alger, 7 Cash. (Mass.) 85; American Print Works v. Lawrence. 21 N. J. Law, 257; Twelfth St Market Co. v. Philadelphia & R. T. R. Co.. 142 Pa. 580. 21 Atl. 989; Todd v. Austin. 34 Conn. 88; Kohl v. U. S., 91 U. S. 371. 23 L. Ed. 449.

The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently. its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the territory of the state for the common safety; and in time of peace the legislature may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel. Code Ga. 1882, § 2222.

The right of society, or of the sovereign, to dispose. in case of necessity, and for the pub- lic safety, of all the wealth contained in the state. is called “eminent domain." Jones v. Walker, 2 Paint‘. (SS8, Fed. Cas. No. 7.507.

Eminent domain is the highest and most exact idea of property remaining in the government. or in the aggregate body of the people in their sovereign capacity. It gives a. right to resume the possession of the property in the manner

the _expe.nses of the government under wk,‘-* he hves. But when his property is taken der the power of eminent domain. he is pelled to surrender to the pul: no so shoie and beyond his due proportinn for puhlic benefit. The matter is 5p"’.‘ill. It in the nature of a compuisory sale to tin my. Black. Tax-'i‘ities_ § 3.

The term “eminent domain" is sometiuJ_ (but inaccurately) applied to the land. bull ings, etC., owned directly by the gorernmfl and which hare not yet passed into an) fl vate ownership. This species of property is much better designated as the "public do- main," or “national domain.”

EMISSARY. A person sent upon a mi!- sion as the agent of another; also a secret agent sent to ascertain the sentiments and designs of others, and to propagate opinions fax oiable to his employer.

EMISSION. In medical jurisprudence The ejection or throwing out of any secretion or other matter from the body; the expulsion of urine. semen, etc.

I-IMIT. In American law. To put forth or send out; to issue “No state shall emit bilis of credit." Coast U. S. art. 1. 5 10.

To issue; to give forth with authority; to put into circulation. See BILL or Csnsrr.

The word "emit" is never employed in describing those contracts by which a state binds itself to 'pi1V nmncv at a future day for services aetuaily received, or for money borrowed for present use. Nor are instruments euvsmd for such purposes, in common language. do- nnminated “bills of credit." "To emit bit‘ of credit" conveys to the mind the idea of issuing pnper intended to circulate through the canmunity, for its ordinary purposes, as mow which paper is redeemable at a future da_. B1'i='r:ne v. Bank of I\’eutucli_v. 11 Pet. 316. 9 L. Ed. 709: Craig v. Missoiirl. 4- Pet. 418 T L Ed. 903'. Ramsev v. Cox. Ark. 300; flouton & T. C‘. R. ('0. v. Texas. 177 U. S. 64:. 20 Sup. Ct. 545, 44 L. Ed. (173.

In Scotch practice. To speak out; to state in words. A prisoner is said to emits declaration. 2 Alis. Grim. Pr. 560.

EMMENAGOGUES. In medical jurisprudence. The name of a class of nnctilcliws supposed to have the property of promoting the menstrual discharge, and sometimes used for the purpose of procuring abortion.

EMOLUMENT. The profit arising from office or employment; that which is received as a compensation for services, or which is annexed to the possession of ofllce as salary. fees, and perquisites: advantage; gain, pub-

lic or private. Webster. Any perquisite.