Blacks Law Dict. 1st ed

ELECTORAL COLLEGE

412

ELDEST

afforded bylaw for the redress of an injury,. or one out of several available forms of action. In criminal law. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a contin uous series of acts) it will proceed. ELECTION AUDITORS. In English law. Officers annually appointed, to whom was committed the duty of taking and pub lishing the account of all expenses incurred at parliamentary elections. See 17 & 18 Viet. c. 102, §§ 18, 26-28. But these sections have been repealed by the 26 Viet. c. 29, which throws the duty of preparing the accounts on the declared agent of the candidate, and the duty of publishing an abstract of it on the returning officer. Wharton. ELECTION DISTRICT. A subdivision of territory, whether of state, county, or city, the boundaries of which are fixed by law, for convenience in local or general elections. 41 Pa. St. 403. ELECTION JUDGES. In English law. Judges of the high court selected in pur suance of the 31 & 32 Viet. c. 125, § 11, and Jud. Act 1873, § 38, for the trial of election petitions. ELECTION PETITIONS. Petitions for inquiry into the validity of elections of members of parliament, when it is alleged that the return of a member is invalid for bribery or any other reason. These petitions are heard by a judge of one of the common law divisions of the high court. Electiones fiant rite et libere sine inter ruptione aliqua. Elections should be made in due form, and freely, without any inter ruption. 2 Inst. 169. ELECTIVE. Dependent upon choice; bestowed or passing by election. Also per taining or relating to elections; conferring the light or power to vote at elections. ELECTOR. He that has a vote in the choice of any officer; a constituent; also the title of certain German princes who formerly had a voice in the election of the German emperors. ELECTORAL. Pertaining to electors or elections; composed or consisting of electors. ELECTORAL COLLEGE. The body of princes formerly entitled to elect the emperor of Germany. Also a name sometimes given.

with a title of younger origin, is called the "elder title," and prevails. ELDEST. He or she who has the great est age. The "eldest son" is the first-born son. If there is only one son, he may still be de scribed as the "eldest." L. R. 7 H. L. 644. Electa una via, non datur recursus ad alteram. He who has chosen one way cannot have recourse to another. 10 Toull. no. 170. ELECTED. The word "elected," in its ordinary signification, carries with it the idea of a vote, generally popular, sometimes more restricted, and cannot be held the synonym of any other mode of filling a position. 5 Nov. 121. Electio est interna libera et sponta nea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate. Dyer, 281. Election is an in ternal, free, and spontaneous separation of one thing from another, without compulsion, consisting in intention and will. Electio semel facta, et placitum tes tatum non patitur regressum. Co. Litt. 146. Election once made, and plea wit nessed, suffers not a recall. ELECTION. The act of choosing or se lecting one or more from a gi eater number of persons, things, courses, or rights. The choice of an alternative. The internal, free, and spontaneous sepa ration of one thing from another, without compulsion, consisting in intention and will. Dyer, 281. The selection of one man from among sev eral candidates to discharge certain duties in a state, corporation, or society. The choice which is open to a debtor who is bound in an alternative obligation to select either one of the alternatives. In equity. The obligation imposed upon a party to choose between two inconsistent or alternative 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 Story, Eq. Jur. § 1075. The doctrine of election presupposes a plurality of gifts or rights, with an intention, express or im plied, of the party who has a right to control one or both, that one should be a substitute for the other. 1 Swanst. 394, note b; 3 Wood. Lect. 491; 2 Rop. Leg. 480-57& In practice. The liberty of choosing (or the act of choosing) one out of several means

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