KFLCC Kingdom Law 2nd Ed.

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EMENDATIO

EMBEZZLEMENT

murders, emblers de gentz, and robberies are committed," etc

been Intrusted. Pen. Code Cal. $ 503; Pen. Code Dak. § 596. Embezzlement Is a species of larceny, and the term is applicable to cases of furtive and fraudulent appropriation by clerks, serv ants, or carriers of property coming into their possession by virtue of their employ ment It is distinguished from "larceny," properly so called, as being committed in re spect of property which is not at the time in the actual or legal possession of the owner. People v. Burr, 41 How. Prac. (N. Y.) 294; 4 Steph. Comm. 168. Embezzlement is not an offense at common law, but was created by statute. "Embezzle" includes in its meaning appropriation to one's own use, and therefore the use of the single word "embezzle," in the indictment or inform ation, contains within itself the charge that the defendant appropriated the money or prop erty to his own use. State v. Wolff, 34 La Ann. 1153. In the Roman law. Alterations, modifications, and additions to the writings of the older jurists, selected to make up the body of the Pandects, introduced by Tribonian and his associates who constituted the commission appointed for that purpose, with a view to harmonize contradictions, exscind obsolete matter, and make the whole conform to the law as under stood in Justinian's time, were called by this name. Mackeld. Rom. Law, § 71. The vegetable chattels called "emblements" are the corn and other growth of the earth which are produced an nually, not spontaneously, but by labor and industry, and thence are called "fructus in dustriales." Reiff v. Reiff, 64 Pa. 137. The growing crops of those vegetable pro ductions of the soil which are annually produc ed by the labor of the cultivator. They are deemed personal property, and pass as such to the executor or administrator of the occupier, whether he were the owner in fee, or for life, or for years, if he die before he has actually cut, reaped, or gathered the same; and this, although, being affixed to the soil, they might for some purposes be considered, while grow ing, as part of the realty. Wharton. The term also denotes the right of a ten ant to take and carry away, after his tenancy has ended, such annual products of the land as have resulted from his own care and labor. Emblements are the away-going crop; in other w^rds, the crop which is upon the ground and unreaped when the tenant goes away, his lease having determined; and the right to em blements is the right in the tenant to take away the away-going crop, and for that purpose to come upon the land, and do all other neces sary things thereon. Brown; Wood v. No ack. 84 Wis. 398, 54 N. W. 785; Davis v. Brocklebank, 9 N. H. 73; Cottle v. Spitzer, 65 Cal. 456. 4 Pac. 435, 52 Am. Rep. 305; Sparrow v. Pond, 49 Minn. 412, 52 N. W. 36, 16 L. R. A. 103, 32 Am. St. Rep. 571. L. Fr. A steal ing from the people. The phrase occurs in the old rolls of parliament: "Whereas divers EHBLEMATA TRIBONIANI. EMBLEMENTS. EMBLERS DE GENTZ.

EMBOLISM. In medical jurisprudence. The mechanical obstruction of an artery or capillary by some body traveling in the blood current, as, a blood-clot (embolus), a globule of fat, or an air-bubble. Embolism is to be distinguished from "throm bosis," a thrombus being a clot of blood form ed in the heart or a blood vessel in consequence of some impediment of the circulation from pathological causes, as distinguished from me chanical causes, for example, an alteration of the blood or walls of the blood vessels. When embolism occurs in the brain (called "cerebral embolism") there is more or less coagulation of the blood in the surrounding parts, and there may be apoplectic shock or paralysis of the brain, and its functional activity may be so far disturbed as to cause entire or partial insanity. See Cundall v. Haswell, 23 II I. 508. 51 Atl. 426. EMBRACERY. In criminal law. This offense consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertain ments, douceurs, and the like. The person guilty of it is called an "embraceor." Brown; State v. Williams, 136 Mo. 293, 38 S. W. 75; G-rannis v. Branden, 5 Day (Conn.) 274, 5 Am. Dec. 143; State v. Brown, 95 N. C. 686; Brown v. Beauchamp, 5 T. B. Mon. (Ky.) 415, 17 Am. Dec. 81. Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an injury or crime. Spelman. An old word still made use of in the accounts of the society of the Inner Temple, where so much in emendals at the foot of an account on the balance thereof signifies so much money in the bank or stock of the houses, for reparation of loss es, or other emergent occasions. Spelman. In Saxon law. To make amends or satisfaction for any crime or tres-. pass committed; to pay a fine; to be fined. Spelman. Emendare se, to redeem, or ran som one's life, by payment of a weregild. In old English law. Amendment, or correction. The power of amending and correcting abuses, according to certain rules and measures. Cowell. In Saxon law. A pecuniary satisfaction for an injury; the same as emenda, (q. v.) Spelman. — Emendatio panis et cerevisise. In old English law. The power of supervising and correcting the weights and measures of bread and ale, (assising bread and beer.) Cowell. EMENDA. EMENDALS. EMENDARE. EMENDATIO. EMBBACEOR. A person guilty of the offense of embracery, (q. v.) See Co. Litt. 369.