a right to expect them to do to him. DUTIES. In its most enlarged sense, this word is nearly equivalent to taxes, embracing all impositions or charges levied on persons or things; in its more restrained sense, it is often used as equivalent to customs, (q. v.) or imposts, (q. v.) Story Const. § 949. Vide for the rate of duties payable on goods and merchandize. Gord. Dig. B. 7, t. 1, c. 1; Story's L. U. S. Index, h. t. DUPLICATE, is the double of any thing. It is usually applied to agreements, letters, receipts and the like, when two originals are made of either of them. Each copy has the same effect. In the English law, it also signifies the certificate of discharge given to an insolvent debtor, who takes the benefit of the act for the relief of insolvent debtors. to Lord Coke, "to pleas perpetual or peremptory, and not to pleas dilatory; for in their time and place a man may use divers of them." Co. Litt. 304, a. But by this is not meant that any dilatory plea may be double, or, in other words, that it may consist of different matters, or answers to one and the same thing; but merely, that as there are several kinds or classes of dilatory pleas, having distinct offices or effects, a defendant may use "divers of them" successively, (each being in itself single,) in their proper order. Steph. Pl. App. note 56. The inconveniences which were felt in consequence of this strictness were remedied by the statute 4 Ann, c. 16, s. 4, which provides that "it shall be lawful, for any defendant, or tenant in any action or suit, or for any plaintiff in replevin, in any court of DUPLICITY, pleading. Du- record, with leave of the court to plicity, or double pleading, consists plead as many several matters therein alleging, for one single purpose to as he shall think necessary for or object, two or more distinct his defence." This provision, or a grounds of complaints or defence, similar one is in force probably in when one of them would be as effec- most of the states of the American tual in law, as both or all. This Union. Under this statute, the dethe common law does not allow, be- fendant may, with leave of court, cause it produces useless prolixity, plead as many different pleas in bar, and always tends to confusion, and (each being in itself single,) as he to the multiplication of issues. Co. may think proper; but although this Litt. 304, a; Finch's Law, 393; 3 statute allows the defendant to plead Bl. Com. 311; Bac. Ab. Pleas, K several distinct and substantive mat1. Duplicity may be in the decla- ters of defence, in several distinct ration, or the subsequent proceed-pleas, to the whole, or one and the ings. Duplicity in the declaration same part of the plaintiff's demand; consists in joining, in one and the yet, it does not authorise him to same count, different grounds of ac- allege more than one ground of detion, of different natures. Cro. Car. fence in one plea. Each plea must 20; or of the same nature, 2 Co. 4 still be single, as by the rules of the a; 1 Saund. 58, n. 1; 2 Ventr. 198; common law. Lawes, Pl. 131; 1 Steph. Pl. 266; to enforce only a Chit. Pl. 512. This statute extends single right of recovery. This is a only to pleas to the declaration, and fault in pleading, only because it does not embrace replications, retends to useless prolixity and con- joinders, or any of the subsequent fusion, and is, therefore, only a fault pleadings. Lawes, Pl. 132; 2 Chit. in form. The rule forbidding dou- Pl. 421; Com. Dig. Pleader, E ble pleading "extends," according 2; Story's Pl. 72, 76. Vide, gene rally; 1 Chit. Pl. 230, 512; Steph. Pl. c. 2, s. 3, rule 1; Gould on Pl. c. 8, p. 1; Archb. Civ. Pl. 191; Doct. Pl. 222; 5 John. 240; 8 Vin. Ab. 183. DYVOUR in the Scotch law, is a bankrupt. DYVOURS HABIT, in Scotland, is a habit which debtors who are set free on a cessio bonorum, are obliged to wear, unless in the summons and process of cessio, it be libelled, sustained, and proved that the bankruptcy proceeds from misfortune. And bankrupts are condemned to submit to the habit, even where no suspicion of fraud lies against them, if they have been dealers in an illicit trade. Ersk. Pr. L. Scot. 4, 3, 13. E. E PLURIBUS UNUM, one of money must be paid upon taking many. The motto of the arms of away the goods, because no other the United States. time for payment is appointed; ear EAGLE, money, a gold coin of nest only binds the bargain, and the United States, of the value of gives the buyer a right to demand, ten dollars. It weighs two hundred but a demand without payment of and fifty-eight grains. Of one thou- the money is void; after earnest sand parts, nine hundred are of pure gold, and one hundred of alloy. Act of January 18th, 1837, 4 Sharsw. cont. of Story's L. U. S. 2523, 4. Vide Money. given the vendor cannot sell the EARL, in the English law, is a title of nobility next below a marquis and above a viscount. Earls were anciently called comites, because they were wont comitari regem, to wait upon the king for council and advice. He was also called shireman, because each earl had the civil government of a shire. After the Norman conquest they were called counts, whence the shires ob-vilege or advantage, which one man tained the names of counties. They have now nothing to do with the government of counties, which has entirely devolved on the sheriff, the earl's deputy, or vice-comes. EASEMENTS, estates. An easement is defined to be a liberty, pri may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle, 298; 5 Barn. & Cr. 221. This is an incorporeal hereditament, EARNEST, contracts, is the and corresponds nearly to the servipayment of a part of the price of tudes or services of the civil law. goods sold, or the delivery of part Vide Lilly's Reg. h. t.; 3 Kent, of such goods, for the purpose of Com. 344; Cruise, Dig. t. 31, c. 1, binding the contract. The effect of s. 17. earnest is to bind the goods sold, and upon their being paid for without default, the buyer is entitled to them. But notwithstanding the earnest the EAT INDE SINE DIE. Words used on an acquittal, or when a prisoner is to be discharged, that he may go without day, that is, that he be dismissed. Dane's Abr. Index, h. t. EAVES-DROPPERS, crim. law, are such persons as wait under walls or windows or the eaves of a house, to listen after discourses, and thereupon to frame mischievous tales. The common law punishment for this offence is fine, and finding sureties for good behaviour. 4 Bl. Com. 167; Burn's Just. h. t.; Dane's Ab. Index, h. t. Among the Romans this word sometimes signified a citation to appear before a judge. The edicts of the emperors, also called constitutiones principum, were new laws which they made of their own motion, either to decide cases which they had foreseen, or to abolish or change some ancient laws. They were different from their rescripts or decrees. These edicts were the sources which contributed to the formaECCHYMOSIS, medical jur. tion of the Gregorian, Hermogenian, Blackness. It is an extravasation Theodorian, and Justinian codes. of blood by rupture of capillary ves- EDICTS OF JUSTINIAN, are sels, and hence it follows contusion, thirteen constitutions or laws of that but it may exist, as in cases of prince, found, in most editions of the scurvy, and other morbid conditions corpus juris civilis, after the Novels. without the latter. Ryan's Med. Being confined to matters of police Jur. 172. in the provinces of the empire, they are of little use. ECCLESIASTICAL. Belong ing to, or set apart for the church; EDICT, perpetual, is the title of as distinguished from civil or secular. a compilation of all the edicts. This ECCLESIASTICAL COURTS, collection was made by Salvius Juli Engl. law, are courts held by the king's authority as supreme governor of the church, for matters which chiefly concern religion. These six courts which may be ranged under this class; 1. The Archdeacon's court; 2. The Consistory court; 3. The Court of Arches; 4. The Court of Peculiars; 5. The Prerogative court; and, 6. The Court of Delegates, which is the great court of appeals in all ecclesiastical causes. ECCLESIASTICAL LAW.Vide Law, Canon. anus, a jurist who was selected by the emperor Adrian for the purpose, and who performed his task with credit to himself. EE, in the termination of words, has a passive signification, usually denoting the person to whom an act is done; as the grantee, he to whom a grant is made, the donee, he to whom a gift is made; the lessee, he to whom a lease is made. Vide Litt. s. 57; 2 Bl. Com. 140. EFFECT. The operation of a law, an agreement, or an act, is called its effect. What is null produces no effect. EDICT, in some countries, is a law ordained by the sovereign, by which he forbids or commands some- EFFECTS. This word used thing, and extends either to the simpliciter is equivalent to property whole country, or only to some par- or worldly substance, and may carry ticular provinces. Edicts are some- the whole personal estate, when used what similar to the president's pro- in a will. 5 Madd. Ch. Rep. 72; clamation; their difference consists Cowp. 299; 15 Ves. 507; 6 Madd. in this, that the former have autho- Ch. R. 119. But when it is precerity and force of law in themselves, ded and connected with words of a whereas the latter are only declara-narrower import, and the bequest is tions of a law, which has been before not residuary, it will be confined to enacted by congress. species of property ejusdem generis with those previously described. 13 Ves. 39; 15 Ves. 326; Roper on Leg. 210. EFFIGY, crim. law, is the figure or representation of a person. To make the effigy of a person with an intent to make him the object of ridicule is a libel, (q. v.) Hawk. b. 1, c. 73, s. 2; 14 East, 227; 2 Chit. Cr. Law, 866. lessor, and, in this collateral way, the title is tried. To obviate the difficulty of proving these forms, this action has been made substantially, a fictitious process. The defendant agrees, and is required to confess that a lease was made to the plaintiff, that he entered under it, and has been ousted by the defendant; or, in other words, to admit lease, EIGNE, persons. This is a cor- entry, and ouster, and that he will ruption of the French word ainé, rely only upon his title. An actual eldest or first born. It is frequently entry, however, is still supposed, used in our old law books; bastard and, therefore, an ejectment will not eigné signifies an elder bastard when lie, if the right of entry is gone. 3 spoken of two children one of whom Bl. Com. 199 to 206. 206. In Pennsylwas born before the marriage of his parents, and the other after; the latter is called mulier puisne. Litt. sect. 399. EIRE or EYRE, English law, signifies a journey. Justices in eire, were itinerant judges, who were sent once in seven years with a general commission in divers counties, to hear and determine such causes as were called pleas of the crown. vania, New York, and perhaps other states, these fictions have all been abolished, and the writ of ejectment sets forth the possession of the plaintiff, and an unlawful entry on the part of the defendant. 2. This action is in general sustainable only for the recovery of the possession of property upon which an entry might in point of fact be made, and of which the sheriff could deliver actual possession; it cannot, therefore, in general, be sustained for the recovery of property which in legal consideration is not tangible, as, for EJECTMENT, remedies, is the name of an action which lies for the recovery of the possession of real property, and of damages for the un-a rent, or other incorporeal hereditlawful detention. This subject may be considered with reference, 1st, to the form of the proceedings; 2d, to the nature of the property or thing to be recovered; 3d, to the right to such property; 4th, to the nature of the ouster or injury; 5th, to the judgment. 1. In the English practice, which is still adhered to in some states, in order to lay the foundation of this action, the party claiming title enters upon the land, and then gives a lease of it to a third person, who being ejected by the other claimant, or some one else for him, brings a suit against the ejector in his own name; to sustain the action the lessee must prove a good title in the aments, a water course, or for a mere privilege of a landing held in common with other citizens of a town. 2 Yeates, 331; 3 Bl. Com. 206; Yelv. 143; Run. Eject. 121 to 136; Ad. Ej. c. 2 ; 9 John. 298; 16 John. 284. 3. The title of the party having a right of entry may be in fee-simple, fee-tail or for life or years; and if it is the best title to the property the plaintiff will succeed. The plaintiff must recover on the strength of his title, and not on the deficiency of that of the defendant. Addis. R. 390; 2 Serg. & Rawle, 65; 3 S. & Rawle, 288; 4 Burr. 2487; 1 East, R. 246; Run. Ej. 15; 5 T. R. 110. 4. The injury sustained must in fact or in point of law have amount-except treason, felony, or breach of ed to an ouster or dispossession of the peace, during their attendance the lessor of the plaintiff, or of the on elections, and in going to and replaintiff himself, where the fictions have been abolished; for if there be no ouster, or the defendant be not in possession at the time of bringing the action, the plaintiff must fail. 7 T. R. 327; 1 B. & P. 573; 2 Caines's R. 335. turning from them. And provisions are made by law in several states to prevent the interference or appearance of the military on the electionground. One of the cardinal principles on the subject of elections is, that the 5. The judgment is that the plain-person who receives a majority or tiff do recover his term, of and in the plurality of votes is the person tenements, and, unless the damages elected. Generally a plurality of be remitted, as is most usual, the damages assessed by the jury with the costs of increase. Vide, generally, Adams on Ej.; Run. Ej.; Com. Dig. h. t.; Dane's Ab. h. t.; 1 Chit. Pl. 188 to 193; 18 E. C. L. R. 158; Woodf. L. & T. 354 to 417; 2 Phil. Ev. 169; 8 Vin. Ab. 323; Arch. Civ. Pl. 503; 2 Sell. Pr. 85; Chit. Pr. Index, h. t.; 2 Bac. Ab. 406; Doct. Pl. 227; Am. Dig. h. t. the votes of the electors present is sufficient, but in some states, as in Maine, Const. art. 4, part 1, § 5, a majority of all the votes is required. Each elector has one vote. 2. Elections by corporations or companies are made by the members in such a way as their respective constitutions or charters direct. It is usual in these cases to vote a greater or lesser number of votes in proportion as the voter has a greater ELECTION. This term, in its or less amount of the stock of the most usual acceptation, signifies the company or corporation, if such corchoice which several persons collec-poration or company be a pecuniary tively make of a person to fill an institution. And the members are office or place; in another sense, it frequently permitted to vote by means the choice which is made by proxy. a person having the right, of selecting one of two alternative contracts, or rights. Elections, then, are of men or of things. § 1. Of men. These are either public elections or elections by companies or corporations. § 2. The election of things. 1. In contracts when a debtor is obliged, in an alternative obligation, to do one of two things, as to pay one hundred dollars or deliver one hundred bushels of wheat, he has the choice to do the one or the other, until the time of payment; he has not the choice, however, to pay a part in each. Poth. Obl. part 2, c. 1. Public elections. These should be free and uninfluenced either by hope or fear. They are, therefore, generally made by ballot, (though 3, art. 6, No. 247. Or if a man sell there are exceptions, as in Virginia, where elections to any office of honour, trust, or profit, are viva voce, Const of Virg. art. 3, § 15 ;) except those by persons in their representative capacities, which are viva voce. And to render this freedom as perfect as possible, electors are generally exempted from arrest in all cases, VOL. I.-45. or agree to deliver one of two articles, as a horse or an ox, he has the election till the time of delivery. It being a rule that " in case an election be given of two several things, always he, which is the first agent, and which ought to do the first act, shall have the election." Co. Litt. 145, a. On a failure on the part of |