Your Free Online Legal Dictionary • Featuring Black’s Law Dictionary, 2nd Ed.

Category: E

EX OFFICIO

From office; by virtue or the office; without any other warrant orappointment than that resulting from the holding of a particular oflice. Powers may beexercised by an officer which are not specifically

EX TESTAMENTO

From, by, or under a will. The opposite of ab intestato, (‘/

EXCELLENCY

In English law. The title of a viceroy, governor general, ambassador, or commander in chief.In America. The title is sometimes given to the chief executive of a state or of the nation.

EXCOMMUNICATO CAPIENDO

In ecclesiastical law. A writ issuing out of chancery, founded on a bishop’s certificate thatthe defendant had been excommunicated, and requiring the sheriff to arrest and imprisonhim, returnable to the king’s bench.

EXECUTIONER

The name given to him who puts criminals to death, according to their sentence; a hangman.

EXONERATIONE SECT

A writ of the same nature as that lastabove described, issued by the guardian of the crown’s ward, and addressed to thesheriffs or stewards of the court, forbidding them to distrain him,

EAST INDIA COMPANY

The East India Company was originally established forprosecuting the trade between England and India, which they acquired a right to carryon exclusively. Since the middle of the last century, however, the company’s

ECCLESIASTICAL LAW

The body of jurisprudence administered by theecclesiastical courts of England; derived, in large measure, from the canon and civil law.As now restricted, it applies mainly to the affairs, and the doctrine, discipline,

EDICTUM ANNUUM

The annual edict or system of rules promulgated by a Roman praetorimmediately upon assuming his office, setting forth the principles by which he wouldbe guided in determining causes during his term of

EJECTMENT

At common law, this was the name of a mixed action (springing from’he earlier personal action of ejectione firmce) which lay for the recovery of the possession of land, and for damages

ELECTIVE FRANCHISE

The right of voting at public elections; the privilege of qualified voters to cast their ballots for the candidates they favor at elections authorized by law.Parks v. State, 100 Ala. 031. 13

ELIGIBLE

As applied to a candidate for an elective office, this term means capableof being chosen ; the subject of selection or choice; and also implies competency tohold the office if chosen. Demaree

EMBEZZLEMENT

The fraudulent appropriation to his own use or benefit of property or money in trusted to him by another, by a clerk, agent, trustee, public officer, or other person acting in a

EMINENT DOMAIN

Eminent domain is the right of the people or government to take private property for public use. Code Civ. rroc. Cal.

EMPLAZAMIENTO

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

EMTOR

In the civil law. A buyer or purchaser; the buyer. Dig. 18, 1; Cod. 4, 49.

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