KFLCC Kingdom Law 2nd Ed.

410

ECOLESIA FUNGITUR VICE

EASTERLY

EASTERLY. This word, when used alone, will be construed to mean "due east." But that is a rule of necessity growing out of the indefiniteness of the term, and has no application where other words are used for the purpose of qualifying its meaning. Where such is the case, instead of meaning "due east," it means precisely what the quali fying word makes it mean. Fratt v. Wood ward, 32 Cal. 227, 91 Am. Dec. 573; Scraper v. Pipes, 59 Ind. 164; Wiltsee v. Mill & Min. Co., 7 Ariz. 95, 60 Pac. 896. EASTINUS. An easterly coast or coun try. EAT INDE SINE DIE. In criminal practice. Words used on the acquittal of a defendant, that he may go thence without a day, i. e., be dismissed without any further continuance or adjournment. EATING-HOUSE. Anyplace where food or refreshments of any kind, not including spirits, wines, ale, beer, or other malt liq uors, are provided for casual visitors, and sold for consumption therein. Act Cong. July 13, 1866, § 9 (14 St. at Large, 118). And see Carpenter v. Taylor, 1 Hilt. (N. Y.) 195; State v. Hall, 73 N. C. 253. EAVES. The edge of a roof, built so as to project over the walls of a house, in order that the rain may drop therefrom to the ground instead of running down the wall. Center St. Church v. Machias Hotel Co., 51 Me. 413. —Eaves-drip. The drip or dropping of water from the eaves of a house on the land of an ad jacent owner; the easement of having the wa ter so drip, or the servitude of submitting to such drip; the same as the sttllicidium of the Roman law. See STILLICIDIUM. EAVESDROPPING. In English crim inal law. The offense of listening under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous tales. 4 Bl. Comm. 168. It is a misdemeanor at com mon law, indictable at sessions, and punish able by fine and finding sureties for good be havior. Id.; Steph. Crim. Law, 109. See State v. Pennington, 3 Head (Tenn.) 300, 75 Am. Dec. 771; Com. v. Lovett, 4 Clark (Pa.) 5; Selden v. State, 74 Wis. 271, 42 Nc W. 218, 17 Am. St Rep. 144. EBB AND FLOW. An expression used formerly in this country to denote the limits of admiralty jurisdiction. See United States v. Aborn, 3 Mason, 127, Fed. Cas. No. 14,418; Hale v. Washington Ins. Co., 2 Stpry, 176, Fed. Cas. No. 5,916; De Lovio v. Bolt, 2 Gall. 398, Fed. Cas. No. 3,776; The Hine v. Trevor, 4 Wall. 562, 18 L. Ed. 451; The Eagle, 8* Wall. 15, 19 L. Ed. 365. EBBA. In old English law. Ebb. Eooa et fluctus; ebb and flow of tide; ebb and

flood. Bract fols. 255, 338. The time oc cupied by one ebb and flood was anciently granted to persons essoined as being beyond sea, in addition to the period of forty days. See Fleta, lib. 6, c. 8, § 2. In ecclesiastical law. An officer in cathedral churches who supervised the regular performance of divine service, and prescribed the particular duties of each person in the choir. EBEREMORTH, EBEREMORS, EB ERE-MTJRDER. See ABEBEMUBDEB. EBRIETY. In criminal law and medical jurisprudence. Drunkenness; alcoholic in toxication. Com. v. Whitney, 11 Cush. (Mass.) 479. Ecce modo mirnm, quod foemina fert breve regis, non nominando viram, con junctum robore legis. Co. Litt. 1326. Be hold* indeed, a wonder! that a woman has the king's writ without naming her husband, who by law is united to her. ECCENTRICITY. In criminal law and medical jurisprudence. Personal or individ ual peculiarities of mind and disposition which markedly distinguish the subject from the ordinary, normal, or average types of men, but do not amount to mental unsound ness or insanity. Ekin v. McCracken, 11 Phila. (Pa.) 535. ECCHYMOSIS. In medical jurispru dence. Blackness. It is an extravasation of blood by rupture of capillary vessels, and hence it follows contusion; but it may ex ist as in cases of scurvy and other morbid conditions, without the latter. Ry. Med. Jur. 172. ECOLESIA. Lat Anassembly. A Chris tian assembly; a church. A place of relig ious worship. Spelman. Eeclesia ecclesise decimas solvere non debet. Cro. Eliz. 479. A church ought not to pay tithes to a church. Eeclesia est domus mansionalis Omni potentis Dei. 2 Inst 164. The church is the mansion-house of the Omnipotent God. Eeclesia est infra cetatem et in ens todia domini regis, qui tenetur jura et hsereditates ejusdem n&anu tenere et de fendere. 11 Coke, 49. The church is under age, and in the custody of the king, who is bound to uphold and defend its rights and inheritances. Eeclesia fungitur vice mlnoris; meli orem conditionem suam facere potest, deteriorem nequaquant. Co. Litt 341. The church enjoys the privilege of a minor; EBDOMADARITTS.