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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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EMBEZZLEMENT
The fraudulent appropriation to his own use or benefit of property 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 More...

The fraudulent appropriation to his own use or benefit of property 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 y. Hammond (C. C.) 11 Fed. 203; People v. Gordon, 133 Cal. 328, 65 Pac. 746, 85 Am. St Rep. 174. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. Pen. Code Cal. f 503; Pen. Code Dak. s 500. Embezzlement is a species of larceny, and the term is applicable to cases of furtive and fraudulent appropriation by clerks, servants, or carriers of property coming into their possession by virtue of their employment It is distinguished from "larceny," properly so called, as being committed in respect 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 information, contains within itself the charge that the defendant appropriated the money or property to his own use: State v. Wolff, 34 La. Ann. 1153. Less...
EMBLEMATA TRIBONIANI
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 More...

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 understood in Justinian's time, were called by this name. Mackeld. Rom. Law, | 71. Less...
EMBLEMENTS
The vegetable chattels called "emblements" are the corn and other growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are called "fructus industriales" Reiff v. Reiff, 64 Pa. 137. The growing crops of those vegetable productions of the soil which are annually More...

The vegetable chattels called "emblements" are the corn and other growth of the earth which are produced annually, not spontaneously, but by labor and industry, and thence are called "fructus industriales" Reiff v. Reiff, 64 Pa. 137. The growing crops of those vegetable productions of the soil which are annually produced 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 growing, as part of the realty. Wharton. The term also denotes the right of a tenant 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 words, the crop which is upon the ground and unreaped when the tenant goes away, his lease having determined; and the right to emblements 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 necessary 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. Less...
EMBLERS DE GENTZ
L. Fr. A stealing from the people. The phrase occurs in the old rolls .of parliament: "Whereas divers murders, emblers de gentz, and robberies are committed," etc

L. Fr. A stealing from the people. The phrase occurs in the old rolls .of parliament: "Whereas divers murders, emblers de gentz, and robberies are committed," etc Less...
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 "thrombosis," a thrombus being a clot of blood formed in the heart or a More...

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 "thrombosis," a thrombus being a clot of blood formed in the heart or a blood vessel in consequence of some impediment of the circulation from pathological causes, as distinguished from mechanical 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 Bhock 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 R, I. 508. 51 Atl. 426. Less...
EMBRACEOR
A person guilty of the offense of embracery, (g. v.) See Co. Litt 869.

A person guilty of the offense of embracery, (g. v.) See Co. Litt 869. Less...
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, entertainments, douceurs, and the like. The person guilty of it Is called an "embraceor." Brown; State v. Williams, 136 Mo. 293, 38 S. W. 75; Grannls More...

In criminal law. This offense consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertainments, douceurs, and the like. The person guilty of it Is called an "embraceor." Brown; State v. Williams, 136 Mo. 293, 38 S. W. 75; Grannls v. Brandon, 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. 8L Less...
EMENDA
Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an Injury or crime. Spelman.

Amends; something given in reparation for a trespass; or, in old Saxon times, in compensation for an Injury or crime. Spelman. Less...
EMENDALS
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 losses, or other More...

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 losses, or other emergent occasions. Spelman. Less...
EMENDARE
In Saxon law. To make amends or satisfaction for any crime or trespass committed; to pay a fine; to be fined. Spelman. Emendare se, to redeem, or ransom one's life, by payment of a weregild.

In Saxon law. To make amends or satisfaction for any crime or trespass committed; to pay a fine; to be fined. Spelman. Emendare se, to redeem, or ransom one's life, by payment of a weregild. Less...

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