EJE 



ELJE 



EIDER down. See Down. 



EIGNE, the eldest, or first born. 



EIRE or EYJTE, signifies the court of 

 justice itinerant. Eyer is also taken to 

 signify the justice seat. See JUSTICES in 

 eyne. 



EJECTMENT, is a mixed action, by 

 which originally a lessee for years, when 

 ousted, recovered his term and damages. 

 It is a real action in respect of the lands, 

 but personal in respect of the damages. 

 Since the disuse of real action, it is become 

 the common method of trying the title- 

 to lands or tenements. 



The modern method of proceeding in 

 ejectment entirely depends on a string of 

 legal fictions ; no actual lease is made ; 

 no actual entry by the 'plaintiff ; no ac- 

 tual ouster by the defendant ; but all are 

 merely ideal, for the purpose of trying the 

 title. To this end a lease for a term of 

 years is stated in the proceedings,to have 

 been made by him who claims title to the 

 plaintiff, who is generally a fictitious per- 

 son ; though it ought to be a real person 

 to answer for the defendant's costs. In 

 this proceeding, which is the declaration 

 (for there is no other process in this ac- 

 tion,) it is also stated that the lessee, in 

 consequence of the demise to him made, 

 entered into the premises : and that the 

 defendant, who is also now another ficti- 

 tious person, and who is called the ca- 

 sual ejector, afterwards entered thereon 

 and ousted the plaintiff; for which ouster 

 the plaintiff brings this action. Under 

 this declaration is a notice, supposed to 

 be written by this casual ejector, directed 

 to the tenant in possession of the pre- 

 mises ; in which notice the casual ejector 

 informs the tenant of the action brought 

 by the lessee, and assures him, that as he, 

 the casual ejector, has no title to the pre- 

 mises, he shall make no defence, and 

 therefore he advises the tenant to appear 

 in court, at a certain time, and defend his 

 own title ; otherwise he, the casual ejec- 

 tor, will suffer judgment to be had against 

 him, by which the actual tenant will ine- 

 vitably be turned out of possession. 



The ancient way of proceeding was 

 by actually sealing a lease on the pre- 

 mises, by the party interested, who was 

 to try the titles ; and this method is still 

 in use in several cases. 



First, wfcere the house or thing for 

 which ejectment is brought is empty. 



Secondly, when a corporation is lessor 

 of the plaintiff, they must give a letter of 

 attorney to some person to enter and 

 seal a lease on the land ; for a corpora- 

 tion cannot make an attorney, or a bailiff, 



except by deed, nor can they appear but 

 by making a proper person their attor- 

 ney by deed ; therefore, they cannot en- 

 ter and demise upon the land as natural 

 persons can. 



Thirdly, when the several interests of 

 the lessors of the plaintiff are not known; 

 for in that case it is proper to seal a lease 

 on the premises, lest they should fail in 

 setting out in 1 heir declaration the several 

 interests which each man possessc s. 



Fourthly, where the proceedings are 

 in an inferior court, they must proceed by 

 actually sealing a lease, because they ^ in* 

 not make rules, confess lease, entry, .ad 

 ouster ; inasmuch as inferior courts have 

 not authority to imprisonment for diso- 

 bedience to their rules. It is a general 

 rule, that no person can, in any case, 

 bring an ejectment, unless he have in 

 himself, at the time, a right of entry ; 

 for although, by the modern practice, 

 the defendant is obliged by rule of court 

 to confess lease, entry, and ouster ; yet 

 that rule was only designed to expedite 

 the trial of the plaintiff's right, and ,.ot 

 to give him a right which he had not be- 

 fore. 



The damages recovered in these ac- 

 tions, though formerly their only intent, 

 are now usually very small and inade- 

 quate, amounting to one shilling, or some 

 other trifling sum. In order, therefore, 

 to complete the remedy, when the pos- 

 session has been long detained from him 

 that has right, an action of trespass also 

 lies, after a recovery in ejectment, to re- 

 cover the mesne profits which the tenant 

 in possession had wrongfully received ; 

 which action maybe brought in the name 

 of either the nominal plaintiff in the e- 

 jectment, or his lessor, against the tenant 

 in possession, whether he be made party 

 to the ejectment, or suffer judgment to 

 go by default. An ejectment cannot be 

 brought after the lessor of the plaintiff, 

 or his ancestor, has been out of posses- 

 sion 20 years. See LIMITATION. 



EKEBERGIA, in botany, a genus of 

 the Decandria Monogynia class and or- 

 der. Natural order of Trihilatse. Meliac, 

 Jussieu. Essential character : calyx-four- 

 parted ; petals four ; nectary like a gar- 

 land, surrounding the germ ; berry con- 

 taining five oblong seeds. There is but 

 one species, viz. E. capensis, a tree with 

 abruptly or unequally jainnate leaves ; the 

 common petiole flatted ; the flowers pa- 

 nicled and axillary. 



EL.KAGNUS, in botany, English ole- 

 aster, a genus of the Tetrandria Mono- 

 gynia class and order. Natural order of 



