Page:Black's Law Dictionary (Second Edition).djvu/429

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

advantage, profit, or gain arising from the possession of an office. Apple v. Crawford County, 105 Pa. 303, 51 Am. Rep. 205; Hoyt V. U. S, 10 How. 135, 13 L. Ed 348; Vansant v. State, 96 Md.-110, 53 Atl. 711.

EMOTIONAL INSANITY. The species of mental aberration produced by a violent excitement of the emotions or passions, though the reasoning faculties may remain unimpaired. See INSANITY.

EMPALEMENT. In ancient law. A mode of inflicting punishment, by thrusting a sharp pole up the fundament. Enc. Lond.



EMPARNOURS. L. Fr. Uudertakers of suits. Kelham.

EMPEROR. The title of the sovereign ruler of an empire. This designation was adopted by the rulers of the Roman world after the decay of the republic, and was assumed by those who claimed to be their successors in the “Holy Roman Empire," as also by Napoleon. It is now used as the title of the monarch of some single countries, as lately in Brazil, and some composite states, as Germany and Austria-Hungary, and by the king of England as “Emperor of India."

The title "emperor" seems to denote a power and dignity superior to that of a "king." It appears to be the appropriate style of the executive head of a federal government, constructed on the monarchial principle, and comprising in its organization several distinct kingdoms or other quasi sovereign states; as is the case with the German empire at the present day.

EMPHYTEUSIS. In the Roman and civil law. A contract by which a landed estate was leased to a tenant, either in perpetuity or for a long term of years, upon the reservation of an annual rent or canon, and upon the condition that the lessee should improve the property, by building, cultivating, or otherwise, and with a right in the lessee to alien the estate at pleasure or pass it to his heirs by descent, and free from any revocation, reentry, or claim of forfeiture on the part of the grantor, except for non-payment of the rent. Inst. 3, 25, 3; 3 Bl. Comm. 232: Maine, Anc. Law. 289.

The right granted by such a contract. (jus emphyteuticum, or emphyteuticarium.) The real right by which a person is entitled to enjoy another's estate as if it were his own, and to dispose of its substance, as far as can be done without deteriorating it. Mackeld. Rom. Law, § 326.

EMPHYTEUTA. In the civil law. The person to whom an emphyteusis is granted; the lessee or tenant under a contract of emphyteusis.

EMPHYTEUTICUS. In the civil law. Founded on, growing out of, or having the character of, an emphyteusis; held under an emphyteusis. 3 Bl. Comm. 232.

EMPIRE. The dominion or jurisdiction of an emperor; the region over which the do- minion of an emperor extends; imperial power; supreme dominion; sovereign command.

EMPIRIC. A practitioner in medicine or surgery, who proceeds on experience only, without science or legal qualification; a quack. Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501, 50 L. R. A 383; Parks v. State. 159 Ind. 211, 64 N. E 862, 59 L. R. A. 190.

EMPLAZAMIENTO. In Spanish law. A summons or citation, issued by authority of a judge, requiring the person to whom it is addressed to appear before the tribunal at a designated day and hour.

EMPLEAD. To indict; to prefer a charge against; to accuse.

EMPLOI. In French law. Equitable conversion. When property covered by the régime dotal is sold, the proceeds of the sale must be reinvested for the benefit of the wife. It is the duty of the purchaser to see that the price is so reinvested. Arg. Fr. Mere. Law, 557.

EMPLOY. To engage in one's service; to use as an agent or substitute in transacting business: to commission and intrust with the management of one's affairs; and, when used in respect to a servant or hired laborer, the term is equivalent to hiring, which implies a request and a contract for a compensation, and has but this one meaning when used in the ordinary affairs and business of life. McCluskey v. Cromwell, 11 N. Y. 605; Murray v. Walker, 83 Iowa, 202. 48 N. W. 1075: Malloy v. Board of Education. 102 Cal. 642, 36 Pac. 948: Gurney v. Railroad Co., 58 N. Y. 371.

EMPLOYED. This signifies both the act of doing a thing and the being under contract or orders to do it. U. S. v. Morris. 14 Pet. 475, 10 L. Ed. 543: U. S. v. The Cath- arine, 2 Paine, 721, Fed. Cas. No. 14,755.

EMPLOYEE. This word "is from the French, but has become somewhat naturalized in our language. Strictly and etymologically, it means 'a person employed,' but, in practice in the French language, it ordinarily is used to signify a person in some official employment, and as generally used with us, though perhaps not confined to any oth-