Blacks Law Dict. 1st ed

416

EMENDATIO

EMIT

Eminent domain Is the right which a government retains over the estates of individuals to resume them for publio use. Wharton. The right of society, or of the sovereign, to dis pose, in case of necessity, and for the public safe ty, of all the wealth contained in the state, is called "eminent domain." 2 Paine, 688. Eminent domain is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sover eign capacity. It gives a right to resume the pos session of the property in the manner directed by the constitution and the laws of the state, when ever the public interest requires it. 3 Paige, 45,73. "The exaction of money from individuals under the right of taxation, and the appro priation of private property for public uae by virtue of the power of eminent domain, must not be confused. In paying taxes the citizen contributes his just and ascertained share to the expenses of the government under which he lives. But when his property is taken under the power of eminent domain, he is compelled to surrender to the public some thing above and beyond his due proportion for the public benefit. The matter is spe cial. It is in the nature of a compulsory sale to the state." Black, Tax-Titles, § 3. The term "eminent domain" is sometimes (but inaccurately) applied to the land, build ings, etc., owned directly by the government, and which have not yet passed into any pri vate ownership. This species of property is much better designated as the "public do main," or "national domain." EMISSARY. A person sent upon a mission as the agent of another; also a secret agent sent to ascertain the sentiments and designs of others, and to propagate opinions favorable to his employer. EMISSION. In medical jurisprudence. The ejection or throwing out of any secretion or other matter from the body; the expulsion of urine, semen, etc. EMIT. In American law. To put forth or send out; to issue. "No state shall emit bills of credit." Const. U. S. art. 1, §10. To issue; to give forth with authority; to put into circulation. See BILL OF CREDIT. The word "emit" is never employed in describ ing those contracts by which a state binds itself to pay money at a future day for services actually received, or for money borrowed for present use. Nor are instruments executed for such purposes, in common language, denominated "bills of cred it. n "To emit bills of credit" conveys to the mind the idea of issuing paper intended to circulate through the community, for its ordinary purposes, as money, which paper is redeemable at a future day. 4 Pet. 410; 11 Pet 257; 28 Ark. 369; 1 Scam. 87.

amending and correcting abuses, according to certain rules and measures. Cowell. In Saxon law. A pecuniary satisfaction for an injury; the same as emenda, {q. v.) Spelman. EMENDATIO PANIS ET CEREVI SI2E. In old English law. The power of supervising and correcting the weights and measures of bread and ale, (assismg bread and beer.) Cowell. EMERGE. To arise; to come to light. " Unless a matter happen to emerge after is- *ue joined." Hale, Anal. § 1. EMERGENT YEAR. The epoch or date whence any people begin to compute their time. EMIGRANT. One who quits his coun try for any lawful reason, with a design to settle elsewhere, and who takes his family and property, if he has any, with him. Vat tel, b. 1, c. 19, § 224. EMIGRATION. The act of changing one's domicile from one country or state to another. It is to be distinguished from "expatria tion." The latter means the abandonment of one's country and renunciation of one's citizenship in it, while emigiation denotes merely the removal of person and property to a foreign state. The former is usually the consequence of the latter. Emigration is «lso used of the removal from one section to another of the same country. EMINENCE. An honorary title given to cardinals. They were called "illustris- *imi" and " reverendissimi" until the pon tificate of Urban VIII. E M I N E N T DOMAIN. Eminent do main is the right of the people or govern ment to take private property for public use. Code Civil Proc. Cal. § 1237. The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanent ly, its dominion over any portion of the soil of the state on account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the terri tory of the state for the common safety; and in time of peace the legislature may author ize the appropriation of the same to public purposes, such as the opening of roads, con struction of defenses, or providing channels for trade or travel. Code Ga. 1882, § 2222.

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