KFLCC Kingdom Law 2nd Ed.

415

ELECTION

EJID09

Electa una via, non datur recursus ad alteram. He who has chosen one way cannot have recourse to another. 10 Toull. no. 170. ELECTED. The word "elected," In Its ordinary signification, carries with it the* idea of a vote, generally popular, sometimes more restricted, and cannot be held the syn onym of any other mode of filling a position. Magruder v. Swann, 25 Md. 213; State v. Harrison, 113 Ind. 434, 16 N. B. 384, 3 Am. St. Rep. 663; Kimberlin v. State, 130 Ind. 120, 29 N. E. 773, 14 L. R, A. 858, 30 Am. St. Rep. 208; Wickersham v. Brittan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106; State v. Irwin, 5 Nev. 111. Electio est interna libera et sponta nea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate. Dyer, 281. Election is an in ternal, free, and spontaneous separation of one thing from another, without compulsion, consisting in Intention and will. Electio semel facta, et placitum tes tatum non patitur regressum. Co. Litt. 14B. Election once made, and plea wit nessed, suffers not a recall. ELECTION. The act of choosing or se lecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. State v. Tucker, 54 Ala. 210. The internal, free, and spontaneous sepa ration of one thing from another, without compulsion, consisting In Intention and will. Dyer, 281. The selection of one man from among sev eral candidates to discharge certain duties in a state, corporation, or society. Maynard v. District Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R. A. 332; Brown v. Phil lips, 71 Wis. 239, 36 N. W. 242; Wickersham v. Brittan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106. The choice which is open to a debtor who is bound In an alternative obligation to se lect either one of the alternatives. In equity. The obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is clear intention of the person from whom he derives one that he should not enjoy both. 2 Story, Eq. Jur. § 1075; Bliss v. Geer, 7 111. App. 617; Norwood v. Lassiter, 132 N. C. 52, 43 S. E. 509; Salen tine v. Insurance Co., 79 Wis. 580, 48 N. W. 855, 12 L. R. A. 690. The doctrine of election presupposes a plural ity of gifts or rights, with an intention, express or implied, of the party who has a right to con trol one or both, that one should be a substitute for the other. 1 Swanst. 394, note 6/3 Wood. Lect 491; 2 Rop. Leg. 480-578. In practice. The liberty of choosing (or the act of choosing) one out of several means

EJIDOS. Commons; lands used in common by the inhabitants of a city, pueblo, or town, for pasture, wood, threshing-ground, etc. Hart v. Burnett, 15 Cal. 554. In Spanish law.

EJURATION.

Renouncing or resigning

one's place.

Ejus est interpretari cujus est con dere. It Is his to interpret whose it is to enact. Tayl. Civil Law, 96. He who can will, [exercise volition,] has a right to refuse to will, [to withhold consent.] Dig. 50, 7, 3. Ejus est periculum. eujus est domin ium aut commodum. He who has the dominion or advantage has the risk. Ejus nulla culpa est, cui parere ne eesse sit. No guilt attaches to him who is compelled to obey. Dig. 50, 17, 169, pr. Obedience to existing laws is a sufficient ex tenuation of guilt before a civil tribunal. Broom, Max. 12, note. kind, class, or nature. In statutory construction, the "ejusdem gen eris rule" is that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such gen eral words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Black, Interp. Laws, 141; Cutshaw v. Denver, 19 Colo. App. 341, 75 Pac. 22; Ex parte Le land, 1 Nott & McC. (S. C.) 462; Spalding v. People, 172 HI. 40, 49 N. E. 993. In old European law. To gain, acquire, or purchase, as by labor and Industry. Ejus est nolle, qui potest velle. EJTTSDEM GENERIS. Of the same ELABORARE. ELDER BRETHREN. A distinguished body of men, elected as masters of Trinity House, an Institution incorporated In the reign of Henry VIII., charged with numer ous important duties relating to the marine, Buch as the superintendence of light-houses. Mozley & Whitley; 2 Steph. Comm. 502. ELDER TITLE. A title of earlier date, but coming simultaneously into operation with a title of younger origin, is called the "elder title," and prevails. ELDEST. He or she who has the great est age. The "eldest son" is the first-born son. If there Is only one son, he may still be de scribed as the "eldest" L. R. 7 H. L. 644. ELABORATT7S. Property which is the acquisition of labor. Spelman.