EJE 
ed thereon and ousted the plaintift ; for 
which ouster the plaintiff brings this action. 
Under this declaration is a notice, supposed 
to be written b}’ this casual ejector, direct- 
ed 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 premises, 
he shall make no defence, and therefore he 
advises the tenant to appear in court, at a 
certain time, and defend bis own title ; 
otherwise he, the casual ejector, will suffer 
judgment to be had against him, by which 
the actual tenant wall inevitably be turned 
out of possession. 
The ancient way of proceeding was by 
actually sealing a lease on the premises, by 
the party interested who was to try the 
titles ; and this method is still in use in 
several cases. 
First, where 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 corporation cannot 
make an attorney, or a baililf, except by 
deed, nor can they appear- but by making a 
proper person their attorney by deed ; 
therefore they cannot enter and demise 
upon the land as natural persons can. 
Thirdly, when tire 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 their declaration the several interests 
which each man possesse.s. 
Fourthly, where the proceedings are in 
an inferior court they must proceed by ac- 
tually sealing a lease, because they cannot 
make rules, confess lease, entry, and ouster; 
inasmuch as inferior courts Imve not autho- 
rity to imprisonment for disobedience 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 not to 
give him a right which he had not before. 
The damages recovered in these actions, 
though formerly their only intent, are now- 
usually very small and inadetjuate, amount- 
ing to one shilling, or some other trifling 
sum. In order therefore to complete the 
remedy, when the possession has been long 
EL^. 
detained from him that has right, an action 
of trespass also lies, after a recovery in 
ejectment, to recover the mesne profits 
which the tenant in possession had wrong- 
fully received ; whicli action may be 
brought in the name of either the nominal 
plaintilf in the ejectment, 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 tlie lessor of the 
plaintiff, or his ancestor, has been out of 
possession 20 years. See Limitation. 
EKEI5ERGI4, in botany, a genus of 
tlie Decandria Monogynia class and order. 
Natural order of Trihilat*. Melice, Jussieu. 
Essential character : calyx four-parted ; 
petals four; nectary like a garland, sur- 
rounding the germ ; berry containing five ob- 
long seeds. There is but one species, viz. E. 
capensis, a tree with abruptly, or unequally 
pinnate leaves ; the common petiole flatted ; 
the flowers panicled and axillary. 
EL® AGNUS, in botany, English oleaster, 
a genus of the Tetrandria Monogynia class 
and order. Natural order _ of Elmagni, 
Jussieu. Essential character : corolla, none ; 
calyx four-cleft, bell-form, superior; drupe 
below the calyx. There are nine species. 
EL®IS, in botany, a genus of the Apen- 
dix Palmas. Natural order of Palms. Es- 
sential character : male, calyx six-leaved ; 
corolla six-cleft; stamens six. Female, calyx 
six-leaved ; corolla six-petalled ; stigmas 
three; drupe fibrous; nut one to three 
valved. There is but one species ; viz, Et 
guineensis. It is called in the West Indies 
the oily palm. The fruit of this tree was 
first carried from Africa to America by- the 
negroes. It grows in great plenty on the 
coast of Guinea, and also in the Cape de 
Verd islands. 
From this fruit the inhabitants of the 
West India islands draw an oil, in tlie same 
manner as it is extracted from olives, J’hey 
also extract a liquor from the body of the 
tree, which w'hen fermented has a vinous 
quality, and will inebriate. The leaves are 
wTought by the negroes into mats, on which 
they repose. 
EL®OCARPUS, in botany, a genus of 
the Polyandria Monogynia class and order. 
Natural order of Giittiferae, Jussieu. Essen- 
tial character : calyx five-leayecl ; corolla five- 
petalied, jagged ; anthers two-valved at (he 
tip ; drupe with a curled shell. Tliei c are six 
species, mostly natives of the East Indies. 
EL®ODENDRUM, in botany, olive 
wood, a genus of the Pentandria Monogynj-^ 
