KFLCC Kingdom Law 2nd Ed.

412

EFFECTS

ECUMENICAL

of 154 chapters, in which we recognize parts taken from the Code and Novellae of Theodosius, from the Codices Gregorianus and Hermogenian us, and the Sententiaa of Paulua. The edict was doubtless drawn up by Roman writers, but the original sources are more disfigured and altered than in any other compilation. This collection of law was intended to apply both to the Goths and the Romans, so far as its pro visions went; but, when it made no alteration in the Gothic law, that law was still to be in force. Savigny, Geschichte des- R. R— Edic tum tralatitium. Where a Roman praetor, upon assuming office, did not publish a wholly new edict, but retained the whole or a principal part of the edict of his predecessor (as was usually the case) only.adding to it such rules as appeared to be necessary to adapt it to chang ing social conditions or juristic ideas, it was called "edictum tralatitium," Mackeld. Rom. Law, § 36. In old English law. Put forth or promulgated, when speaking of the pas sage of a statute; and brought forth, or born, when speaking of the birth of a child. EDUCATION. Within the meaning of a statute relative to the powers and duties of guardians, this term comprehends not mere ly the instruction received at school or col lege, but the whole course of training, moral, intellectual, and physical. Education may be particularly directed to either the mental, moral, or physical powers and faculties, but in its broadest and best sense it relates to them all. Mount Herman Boys' School v. Gill, 145 Mass. 139, 13 N. E. 354; Cook v. State, 90 Tenn. 407, 16 S. W. 471, 13 L. R A. 183; Ruohs v. Backer, 6 Heisk. (Tenn.) 400, 19 Am. Rep. 598. The result which an instru ment between parties will produce in their relative rights, or which a statute will pro duce upon the existing law, as discovered from the language used, the forms employed, or other materials for construing it. The phrases "take effect," "be in force," "go into operation," etc., have been used inter changeably ever since the organization of the state. Maize v. State, 4 Ind. 342. Personal estate or property. This word has been held to be more compre hensive than the word "goods," as includ ing fixtures, which "goods" will not include. Bank'v. Byram, 131 111. 92, 22 N. E. 842. In wills. The word "effects" is equiva lent to "property," or "worldly substance," and, if used simpliciter, as in a gift of "all my effects," will carry the whole personal estate. Ves. Jr. 507; Ward, Leg. 209. The addition of the words "real and personal" will extend it so as to embrace the whole of the testator's real and personal estate. Ho gan v. Jackson, Cowp. 304; The Alpena (D. C.) 7 Fed. 361. This is a word often found in wills, and, being equivalent to "property," or "worldly substance," its force depends greatly upon the association of the adjectives "real" and "personal." "Real and personal effects'* EDITUS. EFFECT. EFFECTS.

ECUMENICAL. General; universal; as an ecumenical council. Groesbeeck v. Duns comb, 41 How. Prac. (N. Y.) 344.

EDDERBBECHE.

The

In Saxon law.

offense of hedge-breaking. Obsolete.

EDESTIA.

In old records. Buildings;

EDICT. A positive law promulgated toy the sovereign of a country, and having ref erence either to the whole land or some of its divisions, but usually relating to affairs of state. It differs from a "public proclama tion," in that it enacts a new statute, and carries with it the authority of law. In Scotch law. A citation published at the market-cross of Edinburgh, and pier and shore of Leith. Used against foreigners not within the king dom, but having a landed estate there, and against natives out of the kingdom. Bell. EDICTS OF JUSTINIAN. Thirteen con stitutions or laws of this prince, found in most editions of the Corpus Juris Oivilis, after the Novels. Being confined to matters of police in the provinces of the empire, they are of little use. An edict; a mandate, or ordinance. An ordi nance, or law, enacted by the emperor with out the senate; belonging to the class of con stitutiones principis. Inst. 1, 2, 6. An edict was a mere voluntary constitution of the emperor; differing from a rescript, in not being returned in the way of answer; and from a decree, in not being given in judgment; and from both, in not being founded upon solicitation. Tayl. Civil Law, 233. A general order published by the praetor, on entering upon his office," containing the system of rules by which he would administer justice during the year of his office. Dig. 1, 2, 2, 10; Mackeld. Rom. Law, § 35. Tayl. Civil Law, 214. See Calvin. — Edictum annmuu. The annual edict or system of rules promulgated by a Rdman prae tor immediately upon assuming his office, set ting forth the principles by which he would be guided in determining causes during his term of office. Mackeld. Rom. Law, § 36.— Edictum perpetuum. The perpetual edict. A compila tion or system of law in fifty books, digested by Julian, a lawyer of great eminence under the reign of Adrian, from the praetor's edicts and other parts of the Jus Honorarium. All the remains of it which have come down to us are the extracts of it in the Digests. Butl. Hor. Jur. 52.— Edictum provinciale. An edict or system of rules for the administration iof justice, similar to the edict of the praetor, put forth by the proconsuls and propraetors in the provinces of the Roman Empire. Mackeld. Rom. Law, § 36.— Edictum Theodorici. This is the first collection of law that was made after the downfall of the Roman power in Italy. It was promulgated by Theodoric, king of the Ostrogoths, at Rome in A. D. 500. It consists EDICTAI. CITATION. EDICTUM. In the Roman law.