Blacks Law Dict. 1st ed

EDICTS OF JUSTINIAN

409

EFFIGY

EDICTS OP JUSTINIAN. Thirteen constitutions or laws of this prince, found in most editions of the Corpus Juris Civilis, after the Novels. Being confined to matters of police in the provinces of the empire, they are of little use. EDICTUM. In the Eoman law. An edict; a mandate, or ordinance. An oidi nance, or law, enacted by the emperor with out the senate; belonging to the class of con stitutiones principis. Inst. 1, 2, 6. An edict was a mere voluntary constitution of the emperor; differing from a resciipt, in not being returned in the way of answer; and from a decree, in not being given in judg ment; and from both, in not being founded upon solicitation. Tayl. Civil Law, 233. A general order published by the praetor, on entering upon his office, containing the system of rules by which he would ailrumister justice during the year of his office. Dig. 1, 2, 2, 10; Mackeld. Horn. Law, § 35. Tayl. Civil Law, 214. See Calvin. EDICTUM PERPETUUM. In Roman law. The perpetual edict. A compilation or system of law in fifty books, digested by Julian, a lawyer of great eminence under the reign of Adrian, from the Praetor's edicts and other parts of the Jus Honorarium. All the remains of it which have come down to us are the extiacts of it in the Digests. Butl. Hor. Jur. 52. EDICTUM THEODORICI. This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. 500. It con sists of 154 chapters, in which we recognize parts taken from the Code and Novelise of Theodosius, fiom the Codices Gregonanus and Heimogenianus, and the Sententiae of Paulus. The edict was doubtless drawn up by Roman waters, but the original sources are more disfigured and altered than in any other compilation. This collection of law was intended to apply both to the Goths and the Romans, so far as its provisions went; but, when it made no alteration in the Gothic law, that law was still to be in force. Sa vigny, Geschichte des R. R. EDITUS. In old English law. Put forth or promulgated, when speaking of the pas sage of a statute; and brought forth, or born, when speaking of the birth of a child. EDUCATE. Includes proper moral, as well as intellectual and physical, instruction. Code Tenn. § 2521; 6 Heisk. 395.

EDUCATION. Within the meaning of a statute relative to the powers and duties of guardians, this term comprehends not mere ly the instruction received at school or col lege, but the whole course of training, moral, intellectual, and physical. 6 Heisk. 400. Education may be particularly directed ta either the mental, moral, or physical pow ers and faculties, but in its broadest and best sense it relates to them all. 145 Mass. 146, 13 N. E. Rep. 354. EFFECT. The result which an instru ment between parties will produce in their relative rights, or which a statute will pro duce upon the existing law, as discovered from the language used, the forms employed, or other materials for construing it. The phrases "take effect, " "be in force, " "go in to opeiation," etc., have been used interchange ably ever since the organization of the state. 4 Ind. 342. EFFECTS. Personal estate or property. This word has been held to be more compre hensive than the word "goods,"as includ ing fixtures, which "goods" will not include. 7 Taunt. 188; 4 J. B. Moore, 73; 4 Barn. & A. 206. In wills. The word "effects" is equiva lent to "property," or "worldly substance," and, if used simpliciter, as in a gift of "all my effects," will carry the whole personal estate. Yes. Jr. 507; Ward, Leg. 209. The addition of the words "real and personal" will extend it so as to embrace the whole of the testator's real and personal estate. Cowp. 299; 3 Brown, Parl. Cas. 388. This is a word often found in wills, and, being equivalent to "propeity," or "worldly substance," its force depends greatly upon the association of the adjectives "real"' and "personal." "Real and personal effects" would embrace the whole estate; but the word "effects" alone must be confined to per sonal estate simply, unless an intention ap pears to the contrary. Schouler, Wills, § 509. See 1 Cowp. 304. Effeotus sequitur causam. Wing. 226. The effect follows the cause. EFFENDI. In Turkish language. Mas ter; a title of respect. EFFIGY. The corporeal representation of a person. To make the effigy of a person with an in tent to make him the object of ridicule is a libel. 2 Chit. Grim. Law, 866.

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