individual, he is solely responsible; when it is made by the crew or some of the crew, but the particnlar offender is unknown, and from the circumstances of the case, strong presumptions of guilt apply to the whole crew, all must contribute. The presumption of innocence is always in favour of the crew, and the guilt of the parties must be established beyond all reasonable doubt, before they can be required to contribute. 1 Mason's R. 104; 4 B. & P. 347; 3 Johns. Rep. 17; 1 Marsh. Ins. 241; Dane's Ab. Index, h. t.; Wesk. Ins. 194; 3 Kent, Com. 151. 66 EMBRACERY, crim. law, is an an attempt to corrupt or influence a jury, or any way incline them to be more favourable to the one side than the other, by money, promises, threats, or persuasions; whether the juror on whom such attempt is made give any verdict or not, or whether the verdict be true or false. Hawk. 259; Bac. Ab. Juries, M 3; Co. Litt. 157, b, 369, a; Hob. 294; Dy. 84, a, pl. 19; Noy, 102; 1 Str. 643; 11 Mod. 111, 118; Com. 601; 5 Cowen, 503. EMENDALS, Engl. law. This ancient word is said to be used in the accounts of the Inner Temple, EMBLEMENTS, rights. By this where so much in emendals at the term is understood the crops growing foot of an account signifies so much upon the land. By crops is here in bank, in stock, for the supply of meant the products of the earth which emergencies. Cunn. Law Dict. grow yearly and are raised by annual EMIGRANT, one who quits his expense and labour, or great manu-country for any lawful reason, with rance and industry," such as grain; a design to settle elsewhere, and who but not fruits which grow on trees takes his family and property with which are not to be planted yearly, him. Vatt. b. 1, c. 19, § 224. grass, and the like, though they are annual. Co. Litt. 55, b; Com. Dig. Biens, G. It is a general rule that when the estate is terminated by the act of God in any other way than by the death of the tenant for life he is entitled to the emblements, whether such termination arise by the act of God or by the act of law; and when he dies before harvest time, his executors shall have the emblements, as a return for the labour and expense of the deceased in tilling the ground. 9 Johns. R. 112; 1 Chit. P. 91; 8 Vin. Ab. 364; Woodf. L. & T. 237; Toll. Ex. book 2, c. 4; Bac. Ab. Executors, H 3; Co. Litt. 55; Com. Dig. Biens, G; Dane's Ab. Index, h. t.; 1 Penna. R. 471; 3 Penna. Rep. 496; Ang. Wat. Co. 1. EMBRACEOR, criminal law, he who, when a matter is on trial between party and party, comes to the bar with one of the parties, and being bribed thereto, endeavours to corrupt the judge. Co. Litt. 369. EMIGRATION, the act of removing from one place to another. It is sometimes used in the same sense as expatriation, (q. v.) but there is some difference in the signification. Expatriation is the act of abandoning one's country, while emigration is, perhaps not strictly, applied to the act of removing from one part of the country to another. Vide 2 Kent, Com. 36. EMINENT DOMAIN, is the right which the people or government retain over the estates of individuals, to resume the same for public use. It belongs to the legislature to decide what improvements are of sufficient importance to justify the exercise of the right of eminent domain. See 2 Hill. Ab. 568; 1 U. S. Dig. 560; 1 Am. Eq. Dig. 312; 3 Toull. n. 30, 23. p. EMISSION, med. jur. The act by which any matter whatever is thrown from the body; thus it is usual to say, emission of urine, emis sion of semen, &c. In cases of rape when the fact of penetration is proved, it may be left to the jury whether emission did or did not take place. Proof of emission would perhaps be held to be evidence of penetration. Addis. R. 143; 2 So. Car. Const. R. 351; 2 Chitty, Crim. Law, 810; 1 Beck's Med. Jur. 140; 1 Russ. C. & M. 560; 1 East, P. C. 437. TO EMIT. To put out; to send forth. The tenth section of the first article of the constitution contains various prohibitions, among which is the following: No state shall emit bills of credit. To emit bills of credit is to issue paper intended to circulate through the community for its ordinary purposes, as money, which paper is redeemable at a future day. 4 Pet. R. 410, 432; Story on Const. § 1358. Vide Bills of credit. EMMENAGOGUES, med. jur., the name of a class of medicines which are believed to have the power of favouring the discharge of the menses. These are black hellebore, savine, (vide Juneperius Sabina,) madder, mercury, polygala senega, and pennyroyal. They are sometimes used for the criminal purpose of producing abortion, (q. v.) They always endanger the life of the woman. 1 Beck's Medical Jur. 316; Dungl. Med. Dict. h. t.; Parr's Med. Dict. h. t. ; 3 Paris and Fonbl. Med. Jur. 88. TO EMPANEL, practice, is to make a list or roll, by the sheriff or other authorised officer, of the names of jurors who are summoned to appear for the performance of such service as jurors are required to perform. EMPEROR, an officer. officer. This word is synonymous with the Latin imperator, they are both derived from the verb imperare. Literally it signifies, he who commands. Under the Roman republic, the title of emperor was the generic name given to the commanders-in-chief in the armies. But even then the application of the word was restrained to the successful commander who was declared emperor by the acclamations of the army, and was afterwards honoured with the title by a decree of the senate. It is now used to designate some sovereign prince who bears this title. Ayl. Pand. tit. 23. EMPHYTEOSIS, civil law. The name of a contract by which the owner of an uncultivated piece of land granted it to another either in perpetuity, or for a long time, on condition that he should improve it, by building, planting or cultivating it, and to pay for it an annual rent; with a right to the grantee to alienate it or transmit it by descent to his heirs, and under a condition that the grantor shall never re-enter as long as the rent is paid to him by the grantee or his assigns. Inst. 3, 25, 3; 18 Toull. n. 144. This has a striking resemblance to a ground-rent, (q. v.) See Nouveau Denisart, mot Emphytéose; Merl. Réper. mot Emphy. téose; Faber, De jure emphyt. Definit. 36; Code, 4, 66, 1. EMPLOYER, in contracts, is he who hires another to perform labour or services for him. As to his duties towards those whom he has hired, see Story on Bailm. § 425. ENCEINTE, med. jur., a French word which signifies pregnant; when a woman is pregnant, and is convicted of a capital crime she cannot be punished till after her delivery. In the English law where a widow is suspected to feign herself with child, in order to produce a suppositious heir to the estate, the presumptive heir may have a writ de ventre inspiciendo, to examine whether she be with child or not. Cro. Eliz. 566; 4 Bro. C. C. 90. As to the signs of pregnancy, see 1 Beck's Med. Jur. 157. See, generally, 4 Bl. Com. 394; 2 P. Wms. 591; 1 Cox, C. | have commenced, or have made preC. 297; and Pregnancy; Prive- parations for commencing hostilities ment enceinte. ENCLOSURE, is an artificial fence put around one's estate. Vide Close. ENCROACHMENT, an unlawful gaining upon the right or possession of another; as when a man sets his fence beyond his line, in this case the proper remedy for the party injured is an action of ejectment, or an action of trespass. against the United States; and also the citizens or subjects of a state in amity with the United States who are in the service of a state at war with them. Salk. 635; Bac. Ab. Treason, G. An enemy cannot, as a general rule, enter into any contract which can be enforced in the courts of law; but the rule is not without exceptions; as for example, when a state permits expressly its own citiENCUMBRANCE, is an embar-zens to trade with the enemy; and rassment of an estate or property, so perhaps a contract for necessaries, that it cannot be disposed of without or for money to enable the individual being subject to it. A mortgage, to get home, might be enforced. 7 a judgment, a lien for taxes, are Pet. R. 586. An alien enemy canexamples of encumbrances. These not, in general, sue during the war a do not affect the possession of the citizen of the United States either grantee, and may be removed or ex- in the courts of the United States or tinguished by a definite pecuniary those of the several states. 1 Kent, value. See 2 Greenl. R. 22; 5 Com. 68; 15 John. R. 57; S. C. Greenl. R. 94. There are encum- 16 John. R. 438. Vide Marsh. Ins. brances of another kind which can- c. 2, s. 1; Park. Ins. Index, h. t.; not be so removed; such as easements; Wesk. Ins. 197; Phil. Ins. Index, h. for example, a highway, or a pre- t.; Chit. Common Law, Index, h. existing right to take water from the t.; Chit. Law of Nations, Index, land. 5 Conn. R. 497; 10 Conn. h. t. R. 422; 15 John. R. 483; and see 8 Pick. R. 349; 2 Wheat. R. 45. ENDEAVOUR, crim. law, is an attempt, (q. v.) Vide Revolt. ENDORSEMENT. V. Indorse ment. ENDOWMENT. The bestowing or assuring of dower to a woman. It is sometimes used metaphorically for the setting a provision for a charitable institution, as the endowment of a hospital. ENEMY, international law. By this term is understood the whole body of a nation at war with another, hence we say the enemy. It also signifies a citizen or subject of such a nation, as when we say an alien enemy. In a still more extended sense, the word enemy includes any of the subjects or citizens of a state in amity with the United States, who TO ENFEOFF. To make a gift of any corporeal hereditaments to another. Vide Feoffment. TO ENFRANCHISE, to make free; to incorporate a man in a society or body politic. Cunn. L. D. h. t. Vide Disfranchise. ENGAGEMENT. This word is frequently used in the French law to signify not only a contract, but the obligations arising from a quasi contract. The terms obligations (q. v.) and engagements are said to be synonymous, 17 Toull. n. 1; but the Code seems specially to apply the term engagement to those obligations which the law imposes on a man without the intervention of any contract, either on the part of the obligor or the obligee. Art. 1370. TO ENGROSS, practice, conveyancing, to copy the rude draught of an instrument in a fair and large hand. ENITIA PARS. The part of the eldest. Co. Litt. 166; Bac. Ab. Coparceners, (C). When partition is voluntarily made among coparceners in England, the eldest has the first choice, or primer election, (q. v.) and the part which she takes is called the enitia pars. This right is purely personal, and descends; it is also said that even her assignee shall enjoy it; but this has been doubted. The word enitia is said to be derived from the old French, eisne, the eldest. Bac. Ab. Coparceners, C; Kielw. 1, a, 49 a; 2 And. 21; Cro. Eliz. 18. ENJOYMENT, is the right which a man possesses of receiving all the product of a thing for his necessity, his use or his pleasure. TO ENROLL, to register; to enter on the rolls of chancery, or other courts; to make a record. ENROLLMENT, Eng. law, is the registering or entering in the rolls of chancery, king's bench, common pleas, or exchequer, or by the clerk of the peace in the records of the quarter sessions, of any lawful act; as a recognizance, a deed of bargain and sale, and the like. Jacob, L. D. ENTRY, estates, rights, is the taking possession of lands by the legal owner. When another person has taken possession of lands or tenements, and the owner does peaceably make an entry thereon, and declare that he thereby takes possession of the same, he shall by this notorious act of ownership which is equal to a feodal investiture, be restored to his original right. 3 Bl. Com. 174. A right of entry was not assignable at common law, and statutes were made to punish such as bought such titles. Co. Litt. 214 a. V. Buying of titles, as to the law on this subject in the United States, and 4 Kent, Com. 439; 2 Hill. Ab. c. 33, § 42 to 52; also article Reentry; Bac. Ab. Descent, G; 8 Vin. Ab. 441. In another sense entry signifies the going upon another man's lands or his tenements. An entry in this sense may be justifiably made on another's land or house, first, when the law confers an authority; and secondly, when the party has authority in fact. First, 1. An officer may enter the close of one against whose person or property he is charged with the execution of a writ; in a civil case the officer cannot open (even by unlatching) the outer inlet to a house, as a door or window opening into the street, 18 Edw. 4, Easter, 19, pl. 4; Moore, pl. 917, p. 668; Cooke's case, Wm. Jones, 429; although it has been closed for the purpose of excluding him. Cowp. 1. But in a criminal case a constable may break open an outer door to arrest one within suspected of felony. 13 Edw. 4, Easter, 4, p. 9. If the outer door or window be open he may enter through it to execute a civil writ, Palm. 52; 5 Rep. 91; and, having entered, he may, in every case, if necessary, break open an inner door. 1 Brownl. 50.-2. The lord may enter to distrain, and go into the house for this purpose, the outer door being open. 5 Rep. 91.-3. The proprietor of goods or chattels may enter the land of another upon which they are placed, and remove them, provided they are there without his default; as where his tree has blown down into the adjoining close by the wind, or his fruit has fallen from a branch which overhung it. 20 Vin. Abr. 418.-4. If one man is bound to repair a bridge, he has a right of entry given him by law for that purpose. Moore, 889.-5. A creditor has a right to enter the close of his debtor to demand the duty owing, though it is ENVOY, international law. In diplomatic language an envoy is a minister of the second rank, on whom his government has conferred a degree of dignity and respectability, which without being on a level with an ambassador, immediately follows, and among ministers yields the preeminence to him alone. Envoys are either ordinary or extraordinary; by custom the latter is held in greater consideration. Vattel, liv. 4, c. 6. § 72. not to be rendered there. Cro. Eliz. | for the benefit of a person. A re876.-6. If trees are excepted out lease to the tenant for life, enures to of a demise, the lessor has the right him in reverson; that is, it has the of entering to prune or fell them. same effect for him as for the tenant Cro. Eliz. 17; 11 Rep. 53.-7. for life. A discharge of the princiEvery traveller has by law the pri- pal enures to the benefit of the vilege of entering a common inn, at surety. all seasonable times, provided the host has sufficient accommodation, which, if he has not, it is for him to declare.-8. Every man may throw down a public nuisance, and a private one may be thrown down by the party grieved, and this before any prejudice happens, but only from the probability that it may happen. 5. Rep. 102; and see 1 Brownl. 212; 12 Mod. 510; Wm. Jones, 221; 1 Str. 683. To this end the abator has authority to enter the close in which it stands. See Nuisance.-9. An EPILEPSY, med. jur., is a disease entry may be made on the land of of the brain, which occurs in paroxanother to exercise therein an incor-isms with uncertain intervals between poreal right or hereditament to which he is entitled. Hamm. N. P. 172. ENTRY, commercial law, the act of setting down the particulars of a sale or other transaction in a merchant or tradesman's account books; such entries are in general prima facie evidence of the sale and delivery and of work done; but unless the entry be an original one, it is not evidence. Vide Original entry. ENTRY OF GOODS, commer. law. An entry of goods at the custom-house is the submitting to the officers appointed by law, who have the collection of the customs, goods imported into the United States, together with a statement or description of such goods and the original invoices of the same. The act of March 2, 1799, s. 36, 1 Story, L. U. S. 606, and the act of March 1, 1823, 3 Story, L. U. S. 1881, regulate the manner of making entries of goods. ENTRY, WRIT OF. Writ of Entry. Vide TO ENURE. To be available or them. These paroxisms are characterised by the loss of sensation and convulsive motions of the muscles. When long continued and violent, this disease is very apt to end in dementia, (q. v.) It gradually destroys the memory and impairs the intellect, and is one of the causes of an unsound mind. 8 Ves. 87. Vide Dig. 50, 16, 123; Id. 21, 1, 4, 5. EQUALITY. Possessing the same rights and being liable to the same duties. Persons are all equal before the law, whatever adventitious advantages some may possess over others. All persons are protected by the law, and obedience to it is required from all. Judges in court, while exercising their functions, are all upon an equality, it being a rule that inter pares non est potestas; a judge cannot, therefore, punish another judge of the same court for using any expression in court, although the words used might have been a contempt in any other person, Bac. Ab., Of the court of sessions, of justices of the peace. |