英文法律词典 E-9

ELSEWHERE. In another place.

2. Where one devises all his land in A, B and C, three distinct towns, and elsewhere, and had lands of much greater value than those in A, B and C, in another county, the lands in the other county were decreed to pass by the word elsewhere; and by Lord Chancellor¹ King, assisted by Raymond, Ch. J., and other judges, the word elsewhere, was adjudged to be the same as if the testator had said he devised all his lands in the three towns particularly mentioned, or in any other place whatever. 3 P. Wms. 5 6. See also Prec. Chan. 202; 2 Vern. 461; 2 Vern. 560; 3 Atk. 492; Cowp. 860; Id. 808; 2 Barr. 912; 5 Bro. P. C. 496; S. C. 1 East, 456; 1 Vern. 4 n.

3. - 2. As to the effect of the word elsewhere, in the case of lands not purchased at the time of making the will, see 3 Atk. 254; 2 Vent³. 351. Vide Alibi⁴.

EMANCIPATION⁵. An act by which a person, who was once in the power of another, is rendered free. B y the laws of Louisiana, minors⁷ may be emancipated⁸. Emancipation is express or implied.

2. Express emancipation. The minor⁶ may be emancipated by his father, or, if be has no father, by his mother, under certain restrictions⁹. This emancipation takes place by the declaration, to that effect, of the father or mother, before a notary¹⁰ public, in the presence of two witnesses. The orphan¹¹ minor may, likewise, be emancipated by the judge, but not before he has arrived at the full age of eighteen years, if the family meeting, called to that effect, be of opinion that he is able to administer his property. The minor may be emancipated against the will of his father and mother, when they ill treat him excessively, refuse him support, or give him corrupt¹² example.

3. The marriage of the minor is an implied emancipation.

4. The minor who is emancipated has the full administration of his estate, and may pass all act's which may be confined to such administration; grant leases, receive his revenues and moneys which may be due him, and give receipts for the same. He cannot bind¹³ himself legally, by promise or obligation, for any sum exceeding the amount of one year of his revenue. When he is engaged in trade, he is considered as leaving arrived to the age of majority, for all acts which have any relation to such trade.

5. The emancipation, whatever be the manner in. which it may have been effected, may be revoked¹⁴, whenever the minor contracts engagements which exceed the limits prescribed by law.

6. By the English law, filial emancipation is recognized, chiefly, in relation to the parochial settlement of paupers¹⁵. See 3 T. R. 355; 6 T. R. 247; 8 T. R. 479; 2 East, 276; 10 East, 88.; 11 Verm. R. 258, 477. See Manumission. See Coop. Justin. 441, 480; 2 Dall. Rep. 57, 58; Civil Code of Louisiana, B. 1, tit. 8, c. 3; Code Civ. B. 1, tit. 10, c. 2; Diet. de Droit, par² Ferriere; Diet. de Jurisp. art. Emancipation.

EMBARGO¹⁶, maritime¹⁷ law. A proclamation, or order of state, usually issued in time of war, or threatened hostilities¹⁸, prohibiting the departure of ships or goods from some, or all the ports of such state, until further order. 2 Wheat. 148.

2. The detention¹⁹ of ships by an embargo is such an injury to the owner as to entitle him to recover on a policy of insurance against "arrests or detainments." And whether the embargo be legally or illegally laid, the injury to the owner is the same; and the insurer is equally liable for the loss occasioned by it. Marsh²⁰. Ins. B. 1, c. 12, s. 5; 1 Kent, Com. 60 1 Bell's Com. 517, 5th ed.

3. An embargo detaining a vessel²¹ at the port of departure, or in the course of the voyage, does not, of itself, work a dissolution of a charter party, or the contract with the seamen²². It is only a temporary restraint imposed by authority for legitimate²³ political purposes, which suspends, for a time, the performance of such contracts, and leaves the rights of parties untouched, 1 Bell's Com. 517; 8 T. R. 259; 5 Johns. R. 308; 7 Mass. R. 325, 3 B. & P. 405-434; 4 East, R. 546-566.