Blacks Law Dict. 1st ed

411

EJECT

ELDER TITLE

EJECT. To cast, or throw out; to oust, or dispossess; to put or turn out of posses sion. 3 Bl. Gomm. 198, 199, 200. EJECTA. In old English law. A woman ravished or deflowered, or cast forth from the -virtuous. Blount. EJECTION. A turning out of posses sion. 3 Bl. Comm. 199. EJECTIONE CUSTODLffi. In old En glish law. Ejectment of ward. This phrase, which is the Latin equivalent for the French "ejectment de garde," was the title of a writ which lay for a guardian when turned out of any land of his ward during the minority of the latter. Brown. EJECTIONE FIRMiE. Ejection, or ejectment of farm. The name of a writ or action of trespass, which lay at common law where lands or tenements were let for a term of years, and afterwards the lessor, rever sioner, remainder-man, or any stranger eject ed or ousted the lessee of his term, ferme, or farm, (ipsum a firma ejecit.) In this case the latter might have his writ of ejection, by which he recovered at first damages for the trespass only, but it was afterwards made a remedy to recover back the term itself, or the remainder of it, with damages. Reg. Orig. 2276; Fitzh. Nat. Brev. 220, F, G; 3 Bl. Comm. 199; Litt. § 322; Crabb, Eng. Law, 290,448. It is the foundation of the modern action of ejectment. EJECTMENT. At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmce) which lay for the recovery of the pos tession of land, and for damages for the un lawful detention of its possession. The ac tion was highly fictitious, being in theory only for the recovery of a term for years, and brought by a purely fictitious person, as les see in a supposed lease from the real party in interest. The latter's title, however, must be established in order to warrant a recovery, and the establishment of such title, though nominally a mere incident, is in reality the object of the action. Hence this convenient form of suit came to be adopted as the usual method of trying titles to land. See 3 Bl. Comm. 199. It was the only mixed action at common law, the whole method of proceeding in which was anoma lous, and depended onfictionsinvented and upheld by the court for the convenience of justice, in or der to escape from the inconveniences wbich were found to attend the ancient forms of real and mixed actions.

It is also a form of action by which posses sory titles to corporeal hereditaments may be tried and possession obtained. EJECTUM. That which is thrown up by the sea. Also jetsam, wreck, etc. EJECTUS. In old English law. A whoremonger. Blount. EJERCITORIA. In Spanish JAW. Tbe name of an action lying against a ship's owner, upon the contracts or obligations made by the master for repairs or supplies. It corresponds to the actio exercitoria of the Roman law. Mackeld. Rom. Law, § 512. EJIDOS. In Spanish law. Commons; lands used in common by the inhabitants of a city, pueblo, or town, for pasture, wood, thresbing-ground, etc. 15 Cal. 554. EJURATION. Renouncing or resigning one's place. Ejus est interpretari oujus est con dere. It is his to interpret whose it is to enact. Tayl. Civil Law, 96. Ejus est nolle, qui potest velle. He who can will, [exercise volition,] has a right to refuse to will, [to withhold consent.] Dig 50, 7, 3. Ejus est periculum cujus est domin ium aut oommodum. He who has the dominion or advantage has the risk. Ejus nulla culpa est, cui parere ne cesse sit. No guilt attaches to him who is compelled to obey. Dig. 50, 17, 169, pis Obedience to existing laws is a sufficient ex tenuation of guilt before a civil tribunal. Broom, Max. 12, note. EJUSDEM GENERIS, kind, class, or nature. Of the same ELABORARE. In old European law. To gain, acquire, or purchase, as by labor and industry. ELABORATUS. Property which is the acquisition of labor. Spelman. ELDER BRETHREN. A distinguished body of men, elected as masters of Trinity House, an institution incorporated in the reign of Henry VIII., charged with numer ous important duties relating to the marine, such as the superintendence of light-houses. Mozley & Whitley; 2 Steph. Comm. 502. ELDER TITLE. A title of earlier date, but coming simultaneously into operatioo

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