Blacks Law Dict. 1st ed

440

ETIQUETTE, ETC.

EVICTION

as a gratuity or encouragement. Kennett, Gloss. Eventus est qui ex causa" sequitur; et dicitur eventus quia ex causis evenit. 9 Coke, 81. An event is that which follows from the cause, and is called an "event" be cause it eventuates from causes. Eventus varios res nova semper ha bet. Co. Litt. 379. A new matter alwayi produces various events. Every manmust be taken to contem plate the probable consequences of the act he does. Lord Ellenborough, 9 East, 277. A fundamental maxim in the law of evidence. Best, Pres. § 16; 1 Phil. Ev. 444. EVES-DROPPERS. See EAVES-DROP PERS. EVICT. In the civil law. To recover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. To dispossess, or turn out of the possession of lands by process of law. Also to recover land by judgment at law. "If the land is evicted, no rent shall be paid." 10 Coke, 128a. EVICTION. Dispossession by process of law; the act of depriving a person of the possession of lands which he has held, in pursuance of the judgment of a court. Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster. Eviction implies an entry under paramount title, BO as to interfere with the rights of the grantee. The object of the party making the entry ia imma terial, whether ft be to take all or a part of the land itself or merely an incorporeal right Phrases equivalent in meaning are "ouster by paramount title," "entry and disturbance," "possession under an elder title," and the like. 5 Conn. 497. Eviction is an actual expulsion of the lessee out of all or some part of the demised premises. 4 Cow. 581, 585. In a more popular sense, the term denotes turning a tenant of land out of possession, either by re-entry or by legal proceedings, such as an action of ejectment. Sweet. By a loose extension, the term is some times applied to the ousting of a person from the possession of chattels; but, properly, it applies only to realty. In the civil law. The abandonment which one is obliged to make of a thing, m pursuance of a sentence by which he is con demned to do so. Poth. Contr. Sale, pt. 2, c. 1, § 2, art. 1, no. 83. The abandonment which a buyer is compelled to make of a thing pur chased, in pursuance of a judicial sentence*

ETIQUETTE OF THE PROFES SION. The code of honor agreed on by mut nal understanding and tacitly accepted by members of the legal profession, especially by the bar. Wharton. Eum qui nocentem infamat, non est eequum et bonum ob earn rem condem nari; delicta enim nocentium nota esse oportet et expedit. It is not just and proper that he who speaks ill of a bad man should be condemned on that account; for it is fitting and expedient that the crimes of bad men should be known. Dig. 47, 10, 17; 1 BL Comm. 125. EUNDO ET REDEUNDO. Lat. In going and returning. Applied to vessels. 3 C. Rob. Adm. 141. EUNDO, MORANDO, ET REDEUN DO. Lat. Going, remaining, and return ing. A person who is privileged from arrest (as a witness, legislator, etc.) is generally so privileged eundo, morando, et redeundo; that is, on his way to the place where his duties are to be performed, while he remains there, and on his return journey. EUNOMY. Equal laws and a well-ad justed constitution of government. EUNUCH. A male of the human species who has been castrated. See Domat, liv. prel. tit. 2, § 1, n. 10. EVASIO. Lat. In old practice. An es cape from prison or custody. Reg. Orig. 812. EVASION. A subtle endeavoring to set aside truth or to escape the punishment of the law. This will not be allowed. If one person says to another that he will not strike him, but will give him a pot of ale to strike first, and, accordingly, the latter strikes, the returning the blow is punishable; and, if the person first striking is killed, it is murder, for no man shall evade the justice of the law by such a pretense. 1 Hawk. P. C. 81. So no one may plead ignorance of the law to evade it. Jacob. EVASIVE. Tending or seeking to evade; elusive; shifting; as an evasive argument or plea. EVENINGS. In old English law. The delivery at even or night of a certain por tion of grass, or corn, etc., to a customary tenant, who performs the service of cutting, mowing, or reaping for his lord, given him

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