Blacks Law Dict. 1st ed

EMENDATIO

415

EMBASSADOR

Imbarsed for this forced service. Man. Int. Law, 143. EMBASSADOR. See AMBASSADOR. EMBASSAGE, or EMBASSY. The message or commission given by a sovereign or state to a minister,called an "ambassador," empowered to treat or communicate with another sovereign or state; also the establish* ment of an ambassador. EMBER DAYS. In ecclesiastical law. Those days which the ancient fathers called " quatuor tempora jejunii " are of great an tiquity in the church. They are observed on "Wednesday, Friday, and Saturday next after Quadragesima Sunday, 01 the first Sunday in Lent, after Whitsuntide, Holyrood Day, in September, and St. Lucy's Day, about the middle of December. Brit. c. 53. Our alma nacs call the weeks in which they fall the "Ember Weeks," and they are now chiefly noticed on account of the ordination of priests and deacons; because the canon appoints the Sundays next after the Ember weeks for the solemn times of ordination, though the bish ops, if they please, may ordain on any Sun day or holiday. Enc. Lond. EMBEZZLEMENT. The fraudulent ap propriation to his own use or benefit of prop erty or money intrusted to him by another, by a clerk, agent, trustee, public officer, or other person acting in a fiduciary character. See 4 Bl. Comm. 230, 231; 3 Kent, Comm. 194; 4Steph. Comm. 168, 169, 219; 40 N. Y. Super. Ct. 41. Embezzlement is the fraudulent appropri ation of property by a person to whom it has been intrusted. Fen. Code Cal. § 503; Fen. Code Dak. § 596. Embezzlement is a species of larceny, and the term is applicable to cases of furtive and fraudulent appropriation by clerks, servants, or carriers of property coming into their possession by virtue of their employ ment. It is distinguished from "larceny," properly so called, as being committed in re Bpect of property which is not at the time in the actual or legal possession of the owner. 41 How. Pr. 294; 4 Steph. Comm. 168. Embezzlement is not an offense at common law, but was created by statute. " Embezzle " includes in its meaning appropriation to one's own use, and therefore the use of the single word "embezzle," in the indictment or information, contains within itself the charge that the defendant appropriated the money or property to his own use. 84 La. Ann. 1158. EMBLEMENTS. The vegetable chattels sailed "emblements" are the corn and other

growth of the earth which are produced an nually, not spontaneously, but by labor and industry, and thence are called "fructus in dustriales." 64 Pa. St. 137. The growing crops of those vegetable produc tions of the soil which are annually produced by the labor of the cultivator. They are deemed per sonal property, and pass as such to the executor or administrator of the occupier, whether he were the owner in fee, or for life, or for years, if he die be fore he has actually cut, reaped, or gathered the same; and this, although, being affixed to the soil, they might for some purposes be considered, while growing, as part of the realty. Wharton. The term also denotes the right of a ten ant to take and carry away, after his tenancy has ended, such annual products of the land as have resulted from his own care and labor. Emblements are the away-going crop; in other words, the crop which is upon the ground and un reaped when the tenant goes away, his lease hav ing determined; and the right to emblements is the right in the tenant to take away the away-go ing crop, and for that purpose to come upon the land, and do all other necessary things thereon. Brown. EMBLERS DE GENTZ. L. Fr. A stealing from the people. The phrase occurs in the old rolls of parliament: " Whereas divers murders, emblers de gentz, and robberies are committed," etc. EMBRACEOR. A person guilty of the offense of embracery, (q. v.) See Co. Litt. 369. EMBRACERY. In criminal law. This offense consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertain ments, douceurs, and the like. The person guilty of it is called an " embraceor." Brown. EMENDA. Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman. EMENDALS. An old word still made use of in the accounts of the society of the Inner Temple, where so much in emendals at the foot of an account on the balance thereof signifies so much money in the bank or stock of the houses, for reparation of loss es, or other emergent occasions. Spelman. EMENDABE. In Saxon law. To make amends or satisfaction for any crime or tres pass committed; to pay a fine; to be fined. Spelman. Emendate se, to redeem, or ran som one's life, by payment of a weregild. EMENDATIO. In old English law. Amendment, or correction. The power of

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