KFLCC Kingdom Law 2nd Ed.

420

EMERGE

EMOLUMENT

EMERGE. To arise; to come to light. "Unless a matter happen to emerge after is sue joined." Hale, Anal. § 1. EMERGENT YEAR. The epoch or date whence any people begin to compute their time. EMIGRANT. One who quits his coun try for any lawful reason, with a design to settle elsewhere, and who takes his family and property, if he has any, with him. Vat tel, to. 1, c. 19, § 224. See Williams v. Tears, 110 Ga. 584, 35 S. E. 699, 50 L. R. A. 685; The Danube (D. C.) 55 Fed. 995. The act of changing one's domicile from one country or state to another. * It is to be distinguished from "expatria tion." The latter means the abandonment of one's country and renunciation of one's citizenship in it, while emigration denotes merely the removal of person and property to a foreign state. The former is usually the consequence of the latter. Emigration is also used of the removal from one section to an other of the same country. EMINENCE. An honorary title given to cardinals. They were called "illustrissimi" and "reverendissimi" until the pontificate of Urban VIIL EMINENT DOMAIN. Eminent domain is the right of the people or government to take private property for public use. Code Civ. Proc. Cal. § 1237; Cherokee Nation v. Southern Kan. R. Co. (D. C.) 33 Fed. 905; Comm. v. Alger, 7 Cush. (Mass.) 85; Ameri can Print Works v. Lawrence, 21 N. J. Law, 257; Twelfth St. Market Co. v. Philadelphia & R. T. R, Co., 142 Pa. 580, 21 Atl. 989; Todd v. Austin, 34 Conn. 88; Kohl v. U. S., 91 U. S. 371, 23 L. Ed. 449. The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanent ly, its dominion over any portion of the soil of the state On account of public exigency and for the public good. Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the terri tory of the state for the common safety; and in time of peace the legislature may author ize the appropriation of the same to public purposes, such as the opening of roads, con struction of defenses, or providing channels for trade or travel. Code Ga. 1882, § 2222. The right of society, or of the sovereign, to dispose, in case of necessity, and for the pub lic safety, of all the wealth contained in the state, is called "eminent domain." Jones v. Walker, 2 Paine, 688, Fed. Cas. No. 7,507. Eminent domain is the highest and most exact idea of property remaining in, the government, or in the aggregate body of the people in their sovereign capacity. It gives a right to resume the possession of the property in the manner EMIGRATION.

- directed by the constitution and the laws of h the state, whenever the public interest requires it. Beekman v. Saratoga & S. R, Co., 3 Paige (N. Y.) 45, 73, 22 Am. Dec. 679. "The exaction of money from individuals 9 under the right of taxation, and the appro r priation of private property for public use by virtue of the power of eminent domain, must not be confused. In paying taxes the citizen contributes his just and ascertained share to the expenses of the government under which he lives. But when his property is taken un- ' der the power of eminent domain, he is com r pelled to surrender to the public something above and beyond his due proportion for the public benefit. The matter is special. It is • in the nature of a compulsory sale to the state." I Black, Tax-Titles, § 3. The term "eminent domain" is sometimes r (but inaccurately) applied to the land, build- ' ings, etc., owned directly by the government, and which have not yet passed into any pri vate ownership. This species of property is ' much better designated as the "public do main," or "national domain." 1 EMISSARY. A person sent upon a mis sion as the agent of another; also a secret agent sent to ascertain the sentiments and designs of others, and to propagate opinions favorable to his employer. EMISSION. In medical jurisprudence. The ejection or throwing out of any secretion or other matter from the body; the expulsion of urine, semen, etc. EMIT. In American law. To put forth or send out; to issue. "No state shall emit bills of credit." Const U. S. art. 1, § 10. To issue; to give forth with authority; to put into circulation. See BILL OF CEEDIT. The Word "emit" is never employed in de scribing those contracts by which a state binds itself to pay money at a future day for serv ices actually received, or for money borrowed for present use. Nor are instruments executed for such purposes, in common language, de nominated "bills of credit." "To emit bills of credit" conveys to the mind the idea of issu ing paper intended to circulate through the com munity, for its ordinary purposes, as money, which paper is redeemable at a future day. Briscoe v. Bank of Kentucky, 11 Pet. 316, 9 L. Ed. 709; Craig v. Missouri, 4 Pet. 418. 7 L. Ed. 903; Ramsey v. Cox, 28 Ark. 369; Hous ton & T. C. R. Co. v. Texas, 177 U. S. 66, 20 Sup. Ct. 545, 44 L. Ed. 673. In Scotch practice. To speak out; to state in words. A prisoner is said to emit a declaration. 2 Alis. Crim. Pr. 560. EMMENAGOGUES. In medical juris prudence. The name of a class of medicines supposed to have the property of promoting the menstrual discharge, and sometimes used for the purpose of procuring abortion. EMOLUMENT. The profit arising from office or employment; that which is received as a compensation for services, or which is annexed to the possession of office as salary, fees, and perquisites; advantage; gain, pub lic or private. Webster. Any perquisite.