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Bouvier's Law Dictionary

Double Insurance
Double Insurance. Where Divers In Surances Are Made Upon The Same Interest In The Same Subject Against The Same Risks In Favor Of The Same Assured, In Proportions Ex Ceeding The Value. 1 Phill. Ins. §§ 359, 366. See Insurance, Sub-title, Double Insur Ance. A Like Excess In One Policy ...

Doubt
Doubt. The Uncertainty Which Exists In Relation To A Fact, A Proposition, Or Other Thing; An Equipoise Of The Mind Arising From An Equality Of Contrary Reasons. Ayliffe, Pand. 121. Some Rules, Not Always Infallible, Have Been Adopted In Doubtful Cases, In Order To Arrive At The Truth. 1. In ...

Dower
Dower (from Fr. Dower, To Endow). The Provision Which The Law Makes For A Widow Out Of The Lands Or Tenements Of Her Hus Band, For Her Support And The Nurture Of Her Children. Co. Litt. 30 A; 2 Bla. Com. 130; 4 Kent 35; Washb. R. P. 146. There ...

Draft
Draft. An Order For The Payment Of Money, Drawn By One Person On Another. Wildes V. Savage, 1 Sto. 30, Fed. Cas. No. 17,653. It Is Said To Be A Nomen Generalf Ssi Mum, And To Include All Such Orders. Ibid., Per Story, J. It Is Frequently Used In Corpo ...

Drainage District
Drainage District. The Organiza Tion Of A Drainage District Is Within The Pow Er Of The State; Hagar, V. Reclamation Dist, 111 U. S. 701, 4 Sup. Ct. 663, 28 L. Ed. 569; For The Exclusive Benefit Of The Territory Within The District; Commissioners Of Union Drainage Dist. No. 3 ...

Drunkenness
Drunkenness. In Medical Jurispru Dence. The Condition Of A Man Whose Mind Is Affected By The Immediate Use Of Intoxicat Ing Drinks. This Condition Presents Various Degrees Of In Tensity, Ranging From A Simple Exhilaration To A State Of Utter Unconsciousness And Insensibility. In The Popular Phrase, The Term Drunkenness ...

Du R Ess
Du R Ess. Personal Restraint, Or Fear Of Personal Injury Or Imprisonment. Hazelrigg V. Donaldson, 2 Mete. (ky.) 445. Duress Of Imprisonment Exists Where A Man Actually Loses His Liberty. If, A Man Be Illegally Deprived Of His Liberty Until He Sign And Seal A Bond, Or The Like, He ...

Due Process Law
Due Process Law. Law In Its Reg Ular Course Of Administration Through Courts Of Justice. 3 Story, Const. 264, 661; Miller, Const. 664; Wynehamer V. People, 13 Isl. Y. 378. This Definition Embodies The Earlier Con Ception; 2 Co. Inst. 51; But It Was Long Ago Held Too Narrow; Murray's ...

Duplicity
Duplicity (lat. Duplev, Twofold; Dou Ble). The Union Of More Than One Cause Of Action In One Count In A Writ, Or More Than One Defence In One Plea, Or Mare Than A Single Breach In A Replication. Jackson V. Rundlet, 1 W. & M. 381, Fed. Cas. No. 7,145. ...

Dwelling House
Dwelling-house. A Building Inhab Ited By Man. A House Usually Occupied By The Person There Residing, And His Family. The Apartment, Building, Or Cluster Of Build Ings In Which A Man With His Family Resides. 2 Bish. Cr. Law § 104. The Importance Of An Exact Signification For This Word ...

Ea Rn Est
Ea Rn Est. The Payment Of A Sum Of Money Or Delivery Of A Thing Or Token, Upon The Making Of A Contract For The Sale Of Goods, To Bind The Bargain, The Delivery And Acceptance Of Which Marks The Final And Conclusive Assent Of Both Parties To The Con ...

Easement
Easement. A Right In The Owner Of One Parcel Of Land, By Reason Of Such Ownership, To Use The Land Of Another For A Special Pur Pose Not Inconsistent With A General Proper Ty In The Owner. 2 Washb. R. P. 25; Clark V. Glidden, 60 Vt. 702, 15 Atl. ...

Ecclesiastical Corporations
Ecclesiastical Corporations. Such Corporations As Are Composed Of Per Sons Who Take A Lively Interest In The Ad Vancement Of Religion, And Who Are Associ Ated And Incorporated For That Purpose. Ang. & A. Corp. § 36. Corporations Whose Members Are Spiritual Persons Are Distinguished From Lay Corpora Tions; 1 ...

Effects
Effects. Property, Or Worldly Sub Stance. As Thus Used, It Denotes Property In A More Extensive Sense Than Goods. 2 Bla. Corn. 284. See The Alpena, 7 Fed. 361. Indeed The Word May Be Used To Embrace Every Kind Of Property, Real And Personal, Including Things In Action; As, A ...

Eight Hour Laws
Eight Hour Laws. Statutes Making Eight Hours A Day's Labor For Workmen, La-• Borers, And Mechanics. Acts Regulating The Hours Of Labor For Wo Men And Children Are Generally Upheld; Coro. V. Mfg. Co., 120 Mass. 383; Com. V. Beatty, 15 Pa. Super. Ct. 5; State V. Buchanan, 29 Wash. ...

Eigned Diseases F
F,eigned Diseases. Simulated Mala Dies. Diseases Are Generally Feigned From One Of Three Causes—fear, Shame, Or The Hope Of Gain. Thus A Man Engaged In The Military Or Naval Service May Pretend To Be Afflicted With Various Maladies, In Order To Escape The Performance Of Military Duty ; The Mendi ...

Ejectment
Ejectment (lat. E, Out Of, Jacere, To Throw, Cast). A Form Of Action By Which Possessory Titles To Corp9real Hereditaments May Be Tried And Possession Obtained. A Form Of Action Which Lies To Regain The Possession Of Real Property, With Damages For The Unlawful Detention. In Its Origin, During The ...

Election
Election. Choice; Selection. The Se Lection Of One Person From A Specified Class To Discharge Certain Duties In A State, Cor Poration, Or Society. The Word, In Its Ordinary Signification, Carries The Idea Of A Vote, And Canaot Be Held The Synonym Of Any Other Mode Of Filling A Position ...

Election Of Rights Or
Election Of Rights Or Remedies. The Obligation Imposed Upon A Party To Choose Between Two Inconsistent Or Alterna Tive Rights Or Claims, In Cases Where There Is Clear Intention Of The Person From Whom He Derives One That He Should Not Enjoy Both. 2 Sto. Eq. Jur. § 1075. A ...

Elections In Corporations
Elections In Corporations. The Power Of Election By Corporations May Apply Either To Corporate Officers Generally, Or To The Selection Of New Members To Fill Vacan Cies In Those Corporations, Whose Nature And Composition Require Them To Consist Of Mem Bers And Not Of Holders Of Capital Stock, As Eleemosynary ...

Electoral College
Electoral College. A Name Given To The Presidential Electors, When Met To Vote For President And Vice-president Of The United States, By Analogy To The College Of Cardinals, Which Elects The Pope, Or The Body Which Formerly Selected The German Emper Or. It Is, According To The More General Us ...

Electoral Commission
Electoral Commission. A Commis Sion Created By An Act Of Congress Of Janu Ary. 29, 1877, To Decide Certain Questions Aris Ing Out Of The Presidential Election Of No Vember, 1876, In Which Hayes And Wheeler Had Been Candidates Of The Republican Party And Tilden And Hendricks Of The Democratic ...

Electric Companies
Electric Companies. Such Compa Nies, Although Not Public Corporations In The Sense That The Term Is Applied To Municipal' Corporations; Croswell Elec. § 20 ; And Be Ing Unable Without Statutory Authority To Claim An Exemption Of Property From The Or Dinary Mechanic's Lien; Badger Lumber Ca V. Power Co., ...

Electric Light
Electric Light. The Use Of Highways. The Right To Lay Gas Pipes In Public Highways, Can In General Be Granted Only By The Legislature. Such Is The Established Rule Both In England And In This Country ; 16 Q. B. 1012 ; 2 El. & El. 650; Jersey City Gas ...

Eleemosynary Corporations
Eleemosynary Corporations. Such Private Corporations As Are Instituted For Pur Poses Of Charity, Their Object Being The Dis Tribution Of The Bounty Of The Founder Of Them To Such Persons As He Directed. Of This Kind Are Hospitals For The Relief Of The Im Potent, Indigent, Sick, And Deaf Or ...

Elevator
Elevator. A Building Containing One Or More Mechanical Elevators, Especially A Warehouse For The Storage Of Grain ; A Hoist Ing Apparatus; A Lift ; A Car Or Cage For Lift Ing And Lowering Passengers Or Freight In A Hoistway. Cent. Diet. A Landlord Who Runs An Elevator For The ...

Eligibili Ty
Eligibili Ty. The Constitution Of The United States Provides That No Person Hold Ing Any Office Under The United States Shall Be A Member Of Either House. The Accept Ance By A Member Of Congress Of A Commis Sion As A Volunteer In The Army Vacates His Seat ; Cl. ...

Elisors
Elisors. Two Persons Appointed By The Court To Return A Jury When The Sheriff And Coroner Have Been Challenged As Incompetent, Either Because They Are Parties To The Suit, Or Are Related To Either Party. 3 Bla. Com. 354; Allen V. Coro., 12 S. W. 582, 11 Ky. L. Rep. ...

Emancipation
Emancipation. An Act By Which A Person Who Was Once In The Tovver Or Under The Control Of Another Is Rendered Free. This Is Of Importance Mainly -in Relation To The Emancipation Of Minors From The Pa -rental Control. See 3 Term 355; 8 Id. 479; , Varney V. Young, ...

Embargo
Embargo. A Proclamation Or Order Of State, Usually Issued In Time Of War Or Threat Ened Hostilities, Prohibiting The Departure Of Ships Or Goods From Some Or All The Ports Of Such State, Until Further Order. The William King, 2 Wheat. (u. S.) 148, 4 L. Ed. 206. • A ...

Embezzlement
Embezzlement. The Fraudulent Ap Propriation To One's Own Use Of The Money Or Goods Entrusted To One's Care By Another. Fagnan V. Knox, 40 N. Y. Super. Ct. 41. The Fraudulent Appropriation• Of Property By A Person To Whom It Has Been Intrusted Or To Whose Hands It Has Lawfully ...

Emblements
Emblements (fr. Embler, Or Emblaver, Sow With Corn. The Profits Of The Land Sown). The Of A Tenant To Take And Carry, Away, After, Tenancy Has Ended, Such Annual Products Of The Land As Have Resulted From His Own Care And Labor. The Term Is Also Applied To The Crops ...

Eminent 1 0
Eminent 1) 0 M The Superior Right Of Preperty Subsisting In A Sovereignty, By Which Private Property May In Certain Cases Ibe'haken,or,its Controlled For The Public .benefit, Without 'regard To The Wishes Of The Owne.e..1, ' • The 'power To Take Private Property Foil Public, Use. West River Bridge Co. ...

Eminent Domain
Eminent Domain. A Pipe Line Company For Conveying Oil Is A Common Carrier Bound To Receive And Transport For All Persons Alike, All Goods Entrusted To Its Care, And Is Not In Any Sense, Or At Any Time, An Agent For The Per Son Committing Oil To Its Care ; ...

Employers Liability Acts
Employers' Liability Acts. The English Act, 1880, Gives To All Workmen, Ex Cept Domestic Or Menial Servants And Sea Men, A Right Of Action If Injured By Reason Of The Defective Condition Of Machinery, Etc., If The Defect Was Attributable To The Negligence Of The Employer Or His Agent; To ...

En Ventre Sa Mere
En Ventre Sa Mere (fr.). In Its Mother's Womb. For Certain Purposes, In Deed For All Beneficial Purposes, A Child En Ventre Sa Mere Is To Be Considered As Born ; 5 T. R. 49 ; 1 P. Wms. 329. It Is Regarded As In Esse For All Purposes Beneficial ...

Enlarging
Enlarging. Extending, Or Making More Comprehensive : As, A'n Enlarging Statute, Which Is One Extending The Common Law. En Larging An Estate Is The Increasing An Estate In Land, As Where A. Has An Estate For Life With Remainder To B. And His Heirs, And B. Releases His Estate To ...

Ent Confidential Communications
Ent; Confidential Communications. His First Duty Is The Administration Of Justice, And His Duty To His Client Is Subordinate To That ; In Re Thomas, 36 Fed. 242. If An At Torney While Employed By One Side Secretly Seeks Employment On The Other Side, Promis Ing To Give Information Acquired ...

Ent Copyright Trade Mark
Ent; Copyright; Trade-mark. The Title To Personal Property Is Acquired And Lost By Transfer By Act Of Law, In Various Ways : By Forfeiture; Succession; Marriage; Judgment; Insolvency; Intestacy. Title Is Acquired And Lost By The Act Of The Party, By Gift, By Contract Or Sale. In General, Possession Constitutes ...

Entic E
Entic E. To Solicit, Persuade, Or Procure. Nash V. Douglass, 12 Abb. Pr. N. S. (n. Y.) 187. The Enticing Desertions From The Army Or Navy Or Arsenals Of The United States Is Punishable By Fine And Imprisonment. R. S. § 1553, 1668, 5455, 5525. A Husband May Recover Compensation ...

Entirety
Entirety. This Word Denotes The Whole, In Contradistinction To Moiety, Which Denotes The Half Part. A Husband And Wife, When Jointly Seized Of Land, Are Seized By Entireties Per Tout And Not Per My Et Per Tout, As Joint Tenants Are. Jacob, Law Diet.; 2 Kent 132. See In Re ...

Entry
Entry. In Common Law. The Act Of Setting Down The Particulars Of A Sale, Or Other Transaction, In A Merchant's Or Trades Man'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 The Original ...