KFLCC Kingdom Law 2nd Ed.

418

ELOPEMENT

EMBEZZLEMENT

ships or goods from some or all the ports of such state until further order. The Wil liam King, 2 Wheat. 148, 4 L. Ed. 206; De lano v. Bedford Ins. Co., 10 Mass. 351, 6 Am. Dec. 132; King v. Delaware Ins. Co., 14 Fed. Cas. 516. Embargo is the hindering or detention by any f overnment of ships of commerce in its ports, f the embargo is laid upon ships belonging to citizens of the state imposing it, it is called a "civil embargo;" if, as more commonly hap pens, it is laid upon ships belonging to the enemy, it is called a "hostile embargo." The effect of this latter embargo is that the ves sels,detained are restored to the rightful own ers if no war follows, but are forfeited to the embargoing government if war does follow, the declaration of war being held to relate back to the original seizure and detention. Brown. The temporary or permanent sequestration of the property of individuals for the pur poses of a government, e. g., to obtain vessels for the transport of troops, the owners being reimbursed for this forced service. Man. Int. Law, 143. EMBASSAGE, or EMBASSY. The mes sage or commission given by a sovereign or state to a minister, called an "ambassador," empowered to treat or communicate with an other sovereign or state; also the establish ment of an ambassador. EMBER DATS. In ecclesiastical law. Those days which the ancient fathers called "quatuor tempora jejunii" are of great an tiquity in the church. They are observed on Wednesday, Friday, and Saturday next after Quadragesima Sunday, or the first Sunday in Lent, after Whitsuntide, Holyrood Day, in September, and St. Lucy's Day, about the middle of December. Brit c. 53. Our alma nacs call the weeks ki which they fall the "Ember Weeks," and they are now chiefly noticed on account of the ordination of priests and deacons; because the canon appoints the Sundays next after the Ember weeks for the solemn times of ordination, though the bish ops, if they please, may ordain on any Sun day or holiday. Enc. Lond. The fraudulent ap propriation to his own use or benefit of prop erty or money intrusted to him by another, by a clerk, agent, trustee, public officer, or other person acting in a fiduciary character. See 4 Bl. Comm. 230, 231; 3 Kent, Comm. 194; 4 Steph. Comm. 168, 169, 219; Fagnan v. Knox, 40 N. Y. Super. Ct. 49; State v. Sullivan, 49 La. Ann. 197, 21 South. 688, 62 Am. St. Rep. 644; State v. Trolson, 21 Nev. 419, 32 Pac. 930; Moore v. U. S., 160 U. S. 268, 16 Sup. Ct 294, 40 L. Ed. 422; Fulton v. Hammond (C. C.) 11 Fed. 293; People v. Gor don, 133 Cal. 328, 65 Pac. 746, 85 Am. St. Rep. 174. Embezzlement is the fraudulent appropria tion of property by a person to whom it has EMBASSADOR. See AMBASSADOR. EMBEZZLEMENT.

tiff has obtained judgment of appraisement, but by reason of some act of the garnishee the goods cannot be appraised, (as where he has removed them from the city, or has sold them, etc.,) the serjeant-at-mace returns that the garnishee has eloigned them, i. e., re moved them out of the jurisdiction, and on this return (called an "elongavit") judgment is given for the plaintiff that an inquiry be made of the goods eloigned. This inquiry is. set down v for trial, and the assessment is made by a jury after the manner of ordinary issues. Sweet. The act of a wife who voluntarily deserts her husband to cohabit with another man. 2 BI. Comm. 130. To constitute an elopement, the wife must not only leave the husband, but go beyond his actual control; for if she abandons the hus band, and goes and lives in adultery in a house belonging to him, it is said not to be an elopement. Cogswell v. Tibbetts, 3 N. H. 12. In another place; in any other place. See 1 Vera. 4, and note. In shipping articles, this term, following the designation of the port of destination, must be construed either as void for uncer tainty or as subordinate to the principal voy age stated in the preceding words. Brown v. j ones, 2 Gall. 477, Fed. Cas. No. 2,017. ELUVIONES. In old pleading. Spring tides. Townsh. PI. 197. EMANCIPATION. The act by which one who was unfree, or under the power and control of another, is set at liberty and made his own master. Fremont v. Sandown, 56 N. H. 303; Porter v. Powell, 79 Iowa, 151, 44 N. W. 295, 7 L. R. A. 176, 18 Am. St Rep. 353; Varney v. Young, 11 Vt 258. In Roman law. The enfranchisement of a son by his father, which was anciently done by the formality of an imaginary sale. This was abolished by Justinian, who sub stituted the simpler proceeding of a manu mission before a magistrate. Inst. 1, 12, 6. In Louisiana. The emancipation of mi nors is especially recognized and regulated by law. In England. The term "emancipation'.' has been borrowed from the Roman law, and is co'nstantly used in the law of parochial settlements. 7 Adol. & E. (N. S.) 574, note. —Emancipation proclamation. An' execu tive proclamation, declaring that all persons held in slavery in certain designated states and districts were and should remain free. It was issued January 1, 1863, by Abraham Lincoln, as president of the United States and comman der in chief. EMBARGO. A proclamation or order of state, usually issued in time of war or threat ened hostilities, prphibiting the departure of ELOPEMENT. ELSEWHERE.