KFLCC Kingdom Law 2nd Ed.

416

ELECTION

ELEEMOSYN-E

afforded by law for the redress of an in jury, or one out of several available forms of action. Almy v. Harris, 5 Johns. (N. Y.) 175. In criminal law. The choice, by the prosecution, upon which of several counts in an indictment (charging distinct offenses of the same degree, but not parts of a continu ous series of acts) it will proceed. Jackson v. State, 95 Ala. 17, 10 South. 657. In, the law of wills. A widow's election is her choice whether she will take under the will or under the statute; that is, wheth er she will accept the provision made for her in the will, and acquiesce in her hus band's disposition of his property, or disre gard it and claim what the law allows her. In re Cunningham's Estate, 137 Pa. 621, 20 Atl. 714, 21 Am. St. Rep. 901; Sill v. Sill, 31 Kan. 248, 1 Pac. 556; Burroughs v. De Couts, 70 Cal. 361, 11 Pac. 734. — Election auditors. In English law. Of ficers annually appointed, to whom was commit ted the duty of taking and publishing the ac count of all expenses incurred at parliamentary elections. See 17 & 18 Vict. c. 102, §§ 18, 26 28. But these sections have been repealed by 26 Vict. c. 29, which throws the duty of pre paring the accounts on the declared agent of the candidate, and the duty of publishing an abstract of it on the returning officer. Whar ton.— Election district. A subdivision of ter ritory, whether of state, county, or city, the boundaries of which are fixed by law, for con venience in local or general elections. Chase v. Miller, 41 Pa. 420; Lane v. Otis, 68 N. J. Law, 656, 54 Atl. 442.— Election dower. A name sometimes given to the provision which a law or statute makes for a widow in case she "elects" to reject the provision made for her in the will and take what the statute accords. Adams v. Adams, 183 Mo. 396, 82 S. W. 66. —Election judges. In English law. Judges of the high court selected in pursuance of 31 & 32 Vict. c. 125, § 11, and Jud. Act 18J3, § 38, for the trial of election petitions.— Election petitions. Petitions for inquiry into the va lidity of elections of members of parliament, when it is alleged that the return of a member is invalid for bribery or any other reason. These petitions are heard by a judge ^>f one of the common-law divisions of the high court.— Equitable election. The choice to be made by a person who may, under a will or other in strument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U. S. 670, 10 Sup. Ct. 354, 33 L. Ed. 696; Drake v. Wild, 70 Vt. 52, 39 Atl. 248.— Gen eral election. (1) One at which the officers to be elected are such as belong to the general government,—that is, the general and central political organization of the whole state; as distinguished from an election of officers for a particular locality only. (2) One held for the selection of an officer after the expiration of the full term of the former officer; thus distin guished from a special election, which is one field to supply a vacancy in office occurring be fore the expiration of the full term for which the incumbent was elected. State v. King, 17 Mo. 514; Downs v. State, 78 Md. 128, 26 Atl. 1005; Mackin v. State, 62 Md. 247; Kenfield v. Irwin, 52 Cal. 169.— Primary election. An election by the voters of a ward, precinct, or other small district, belonging to a particular party, of representatives or delegates to a con vention which is to meet and nominate the can didates of their party to stand at an approach ing municipal or general election. See State V.

Hirsch, 125 Ind. 207, 24 N. E. 1062, 9 L. R. A. 170: People v. Cavanaugh, 112 Cal. 676, 44 Pac. 1057; State v. Woodruff, 68 N. J. Law. 89, 52 Atl. 294.— Regular election. A gen eral, usual, or stated election. When applied to elections, the terms "regular" and "general" are used interchangeably and synonymously. The word "regular" is used in reference to a general election occurring throughout the state. State v. Conrades, 45 Mo. 47; Ward v. Clark, 35 Kan. 315, 10 Pac. 827; People v. Babcock, 123 Cal. 307, 55 Pac. 1017.— Special election. An election for a particular emergency; out of the regular course; as one held to fill a vacancy arising by death of the incumbent of the office. Electiones fiant rite et libere sine in terruptione aliqua. Elections should be made in due form, and freely, without any interruption. 2 Inst 169. Dependent upon choice; be stowed or passing by election. Also per taining or relating to elections; conferring the right or power to vote at elections. —Elective franchise. The right of voting at public elections; the privilege of qualified voters to cast their ballots for the candidates they favor at elections authorized by law. Parks v. State, 100 Ala. 634, 13 South. 756; People v. Barber, 48 Hun (N. Y.) 198; State v. Staten, 6 Cold. (Tenn.) 255.— Elective of fice. One which is to be filled by popular election. Rev. Laws Mass. 1902, p. 104, c. 11, § 1. A duly qualified voter; one who has a vote in the choice of any officer; a constituent. Appeal of Cusick, 136 Pa. 459, 20 Atl. 574, 10 L. R. A. 228; Bergevin v. Curtz, 127 Cal. 86, 59 Pac. 312; State v. Tuttle, 53 Wis. 45, 9 N. W. 791. Also the title of certain German princes who formerly had a voice in the election of the German emperors. —Electors of president. Persons chosen by the people at a so-called "presidential elec tion," to elect a president, and vice-president of the United States. Pertaining to electors or elections; composed or consisting of electors. —Electoral college. The body of princes formerly entitled to elect the emperor of Ger many. Also a name sometimes given, in the United States, to the body of electors chosen by the people to elect the president and vice president. Webster. To put to death by passing through the body a current of elec tricity of high power. This term, descriptive of the method of inflicting the death pen alty on convicted criminals in some of the states, is a vulgar neologism of hybrid origin, which should be discountenanced. ELEEMOSYNA REGIS, and ELEE MOSYNA ARATRI, or CARUCARUM. A penny which King Ethelred ordered to be paid for every plow in England towards the support of the poor. Leg. Ethel, c. 1. ELEEMOSYNiE. Possessions belonging to the church. Blount. ELECTIVE. ELECTOR. ELECTORAL. ELECTROCUTE.