Blacks Law Dict. 1st ed

ELISORS

EMBARGO

414

house belonging to him, it is said not to be an elopement. 3 N. H. 42. "ELSEWHERE." In another place; in any other place. See 1 Vern. 4, and note. In shipping articles, this term, following the designation of the port of destination, must be construed either as void for uncer tainty or as subordinate to the principal voy age stated in the preceding words. 2 Gall. 477. ELUVIONES. In old pleading. Spring tides. Townsh. PI. 197. EMANCIPATION. The act by which one who was unfree, or under the power and control of another, is set at liberty and made his own master. In Roman law. The enfranchisement of a son by his father, which was anciently done by the formality of an imaginary sale. This was abolished by Justinian, who sub stituted the simpler proceeding of a manu mission before a magistrate. Inst. 1, 12, 6. In Louisiana. The emancipation of mi nors is especially recognized and regulated by law. In England. The term "emancipation'* has been borrowed from the Eoman law, and is constantly used in the law of parochial settlements. 7 Adol. & E. (N. S.) 574, note. EMANCIPATION PROCLAMA TION. An executive proclamation, declar ing that all persons held in slavery in certain designated states and districts were and should remain free. It was issued January 1, 1863, by Abraham Lincoln, as president of the United States and commander in chief. 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. 2 Wheat. 148. Embargo is the hindering or detection by any government of ships of commerce in its ports. If the embargo is laid upon ships belonging to citi zens of the state imposing it, it is called a "civil embargo;" if, as more commonly happens, it is laid upon ships belonging to the enemy, it is called a " hostile embargo." The effect of this latter em bargo is that the vessels detained are restored to the rightful owners if no war follows, but are for feited to the embargoing government if war does follow, the declaration of war being held to relate back to the original seizure and detention. Brown. The temporary or permanent sequestration of the property of individuals for the purposes of a government, e. g., to obtain vessels for the transport of troops, the owners being re

the sheriff and coroner are disqualified from acting, and whose duty is to choose —that is, name and return—the jury. 3 Bl. Comm. 355; Co. Litt. 158; 3Steph. Comm. 597, note. Persons appointed to execute any writ, in default of the sheriff and coroner, are also called "elisors." ELL. A measure of length, answering to the modern yard. 1 Bl. Comm. 275. ELOGIUM. In the civil law. A will or testament. ELOIGNE. In practice. (Fr. iloigner, to remove to a distance; to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff. ELOIG-NMENT. The getting a thing or person out of the way; or removing it to a distance, so as to be out of reach. ELONGATA. In practice. Eloigned; carried away to a distance. The old form of the return made by a sheriff to a writ of replevin, stating that the goods or beasts had been eloigned; that is, carried to a dis tance, to places to him unknown. 3 Bl. Comm. 148; 3 Steph. Comm. 522; Fitzh. Nat. Brev. 73, 74; Archb. N. Pract. 552. ELONGATUS. Eloigned. A return made by a sheriff to a writ de homine reple yiando, stating that the party to be replevied has been eloigned, or conveyed out of his jurisdiction. 3 Bl. Comm. 129. ELONGAVIT. In England, where in a proceeding by foreign attachment the plain tiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be appraised, (as where he has removed them from the city, or has sold them, etc.,) the serjeant-at-mace returns that the garnishee has eloigneJ them, i. e., re moved them out of the jurisdiction, and on this return (called an "elongavit") judgment is given for the plaintiff that an inquiry be made of the goods eloigned. This inquiry is set down for trial, and the assessment is made by a jury after the manner of ordinary issues. Sweet. ELOPEMENT. The act of a wife who voluntarily deserts her husband to cohabit with another man. 2 Bl. Comm. 130. To constitute an elopement, the wife must not only leave the husband, but go beyond his actual control; for if she abandons the hus band, and goes and lives in adultery in a

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