KFLCC Kingdom Law 2nd Ed.

417

ELONGAVIT

ELEEMOSYNARIA

v. Stamper, 42 Conn. 30; Pope v. Milling Co., 130 Cal. 139, 62 Pac. 384, 53 L. R. A. 673, 80 Am. St. Rep. 87. ELIGIBLE. As applied to a candidate for an elective office, this term'means capa ble of being chosen; the subject of selection or choice; and also implies competency to hold the office if chosen. Demaree v. Scates, 50 Kan. 275, 32 Pac. 1123, 20 L. R. A. 97, 34 Am. St. Rep. 113; Carroll v. Green, 148 Ind. 3,62, 47 N. E. 223; Searcy v. Grow, 15 Cal. 121; People v. Purdy, 21 App. Div. 66, 47 N. Y. Supp. 601. ELIMINATION. In old English law. The act of banishing or turning out of doors; rejection. ELINGUATION. The punishment of cutting out the tongue. ELISORS. In practice. Electors or choosers. Persons appointed by the court to execute writs of venire, in cases where both the sheriff and coroner are disqualified from acting, and whose duty is to choose —that is, name and return—the jury. 3 Bl. Comm. 355; Co. Litt. 158; 3 Steph. Comm. 597, note. Persons appointed to execute any writ, in default of the sheriff and coroner, are also called "elisors." See Bruner v. Superior Court, 92 Cal. 239, 28 Pac. 341. ELL. A measure of length, answering to the modern yard. 1 Bl. Comm. 275. ELOGIUM. In the civil law. A will or testament. ELOIGNE. In practice. (Fr. Eloigner, to remove to a distance; to remove afar off.) A return to a writ of replevin, when the chattels have been removed out of the way of the sheriff. ELOIGNMENT. The getting a thing or person out of the way; or removing it to a distance, so as to be out of reach. Garneau v. Mill Co., 8 Wash. 467, 36 Pac. 463. ELONGATA. In practice. Eloigned; carried away to a distance. The old form of the return made by a sheriff to a/writ of replevin, stating that the goods or beasts had been eloigned; that is, carried to a dis tance, to places to him unknown. 3 Bl. Comm. 148; 3 Steph. Comm. 522; Fitzh. Nat Brev. 73, 74; Archb. N. Pract. 552. ELONGATUS. Eloigned. A return made by a sheriff to a writ de nomine replegiando, stating that the party to be replevied has been eloigned, or conveyed out of his juris diction. 3 Bl. Comm. 129. ELONGAVIT. In England, where in a proceeding by foreign attachment the plain-

ELEEMOSYNARIA. The place in a re ligious house where the common alms were deposited, and thence by the almoner dis tributed to the poor. In old English law. The aumerie, aum bry, or ambry; words still used in common speech in the north of England, to denote a pantry or cupboard. Cowell. The office of almoner. Cowell. ELEEMOSYNARITTS. In old English law. An almoner, or chief officer, who re ceived the eleemosynary rents anl gifts, and in due method distributed them to pious and charitable uses. Cowell; Wharton. The name of an officer (lord almoner) of the English kings, in former times, who dis tributed the royal alms or bounty. Fleta, lib. 2, c. 23. ELEEMOSYNARY. Relating to the dis tribution of alms, bounty, or charity; chari table. —Eleemosynary corporations. See COR PORATIONS. ELEGANTER. In the civil law. Ac curately; with discrimination. Veazie v. Williams, 3 Storv 611, 636, Fed. Cas. No. 16,907. ELEGIT. (Lat. He has chosen.) This is the name, in English practice, of a writ of execution first given by the statute of Westm. 2 (13 Edw. I. c. 18) either upon a Judgment for a debt or damages or upon the forfeiture of a recognizance taken in the king's court. It is so called because it is in the choice or election of the plaintiff whether he will sue out this writ or a fi. fa. By it the defendant's goods and chattels are ap praised and all of them (except oxen and beasts of the plow) are delivered to the plaintiff, at such reasonable appraisement and price, in part satisfaction of his debt. If the goods are not sufficient, then the moie ty of his freehold lands, which he had at the time of the judgment given, are also to be delivered to the plaintiff, to hold till out of the rents and profits thereof the debt be lev ied, or till the defendant's interest be expired. During this period the plaintiff is called "tenant by elegit," and his estate, an "es tate by elegit." This writ, or its analogue, is in use in some of the United States, as Vir ginia and Kentucky. See 3 Bl. Comm. 418; Hutcheson v. Grubbs, 80 Va. 254; North American F. Ins. Co. v. Graham, 5 Sandf. (N. Y.) 197. ELEMENTS. The forces of nature. The elements are the means through which God acts, and "damages by the elements" means the same thing as "damages by the act of God." Polack v. Pioche, 35 Cal. 416, 95 Am. Dec. 115; Van Wormer v. Crane, 51 Mich. 363, 16 N. W. 686, 47 Am. Rep. 582; Hatch BL.LA.W BUCT.(2D ED.)—27