394 E I G . 
which, upon (Tamp, you ferve tbs tenant with : if there 
be more than one tenant, each mud be ferved with a 
copy; but if the man is not at home, his wifewill do, 
provided (lie be ferved on the premifes, and fo fworn to ; 
this is neceffary botii in town and country caufes. At 
the time of fervice, in all cafes it is requifite to read over 
or explain the notice at the foot of the declaration to the 
perfon ferved. The tenant’s fon, daughter, or fervant, 
lie being out of the way, mud not be ferved, unlefs it 
appear to the court, that fitch declaration and notice 
came to his hands, in which cafe it has been held a good 
delivery; but if the tenant purpofely keep out of the 
way to avoid being ferved, the court on affidavit will 
grant a rule to (hew caufe why that fhould not be deemed 
goodTervice. The declaration mud be ferved before the 
effoign-day of every term, either in town or country, and 
the notice mud be made to appear in the next term after 
delivery : but the delivery on a Sunday, or on the effoign- 
day of that term wherein the defendant is to appear, will 
not do. 
In ejeftment, where there are divers defendants, and 
the freeholds are feveral, no defendant may defend for 
more than is in his own pofleflion ; and the plaintiff may 
take judgment againd his ejeflor for what remains, i Vent'. 
3 55. If there be two defendants in ejectment, and one of 
them appears and confeffes leafe, entry, and ouder, but 
the other does not appear, in that cafe the plaintiff may 
enter a non-pros or retraxit againd him, and go to trial, 
and have judgment againd the other defendant. 1 Lord 
Raym. 717. Alfo if an ejectment be brought againd two 
perfons, and after iffue joined, one dies, and a venire is 
awarded as to the two defendants, and a verdicT againd 
two ; here, upon fuggedion of the death of one of them 
upon the roll, judgment (hall be given for the plaintiff 
againd the other for the whole: for it is laid this action 
is grounded upon torts, which are feveral in their nature, 
and one may be found guilty and the other acquitted. 
As the plaintiff in ejedtment is a mere nominal perfon, 
and a trudee for the leffor; if he releafe the adtion, the 
court may fet'adde the releafe, and lie (hall be committed 
for a contempt; fo like wife if he releafe an action brought 
in his name for the mefne profits. 1 Salk. 260. If a man 
is made plaintiff in ejedtment without his knowledge, and 
the defendant appearing, the plaintiff thereupon becomes 
nonfuit, after which execution is (tied out againd him; 
if it appears by his oath that he was made plaintiff 
without his knowledge, or order, lie (hall be difeharged. 
1 Lil. 500. 
If there be a verdidt and judgment againd the plain-iff, 
he may bring another adtion of trefpafs and ejectment for 
the land, it being only to recover the poffcffion, &c. 
wherein judgment is never final ; for it isTiot like a writ 
of right, &c. where the title alone is tried. Wood's Itjl. 
547. The reafon why an ejedtment is not or cannot be 
final, feems to be this. That it is impofiible from the 
(trudture of the record in this adtion, to plead a former, 
in bar of another, ejedtment brought. .JBecaufe, i.The 
plaintiff and defendant are nominal, and exid in mod cafes 
on record only; and confequently may be changed in a 
new adtion. But the identity both of plaintiff and de. 
fendant mud be averred in pleading a former adtion in 
bar. 2. The term demifed may be laid many different 
ways. An ejedtment however, though in its nature not 
final at law, is capable of being made Co in equity : and the 
court of chancery will on proper grounds grant a perpe¬ 
tual injundtion ; and not permit the poffedion of lands to 
be difturbed by a vain inceffant litigation of the fame quef- 
tion. See 2 Eq. Ab. 1 71. c. 1. 1 Bro. P. C. 266. iStra.404.. 
EIF'FEL, a fmall country of Germany, (ituated be¬ 
tween the duchy of Juliers, the electorate of Treves, the 
duchy of Luxemburg, and the eledtorate of Cologne. 
It belongs, to the duke of Arenberg, and feveral other 
princes. 
EI'GALACH, a fmall Ruffian ifland, in the Frozen 
Sea. Lat. 73.25.N. Ion, 133. E. Ferro. 
E I N 
FTGIT, inter). An expreffioh of fudden delight. 
EIGHT, adj. [eahta, Sax. ajita, Goth, acht, Scot.] 
Twice four. A word ot number.—This ifland contains 
eight fcore and eight miles in circuit. Sandy. 
EIGHT, f. [more properly Eyott, which fee.] A 
little ifland.—Some do alfo plant ofiers on their eights , 
like quickfetts. Evelyn. 
EIGHT AL'NEY, a little ifland in Gloucefierfhire, 
where Edmund king of England, and Canutus king of 
the Danes, in a Angle combat tried their right to the 
kingdom. 
EIGHTH, adj. Next in order to the feventh ; the or¬ 
dinal of eight.—In the eighth month (hould be the reign 
of Saturn. Bacon. 
I (lay reludlant feven continued years, 
And water her ambrofial couch with tears; 
The eighth (lie voluntary moves to part. 
Or urg’d by Jove, or her own changeful heart. Pope. 
EIGHTEE'N, adj. Twice nine.-—If men naturally 
lived but twenty years, we (hould be fatisfied if they died 
about eighteen ; and yet eighteen years now are as long as 
eighteen years would be then. Taylor. 
EIGHTEEN'TH, adj. The next in orderTo the fe- 
venteenth ; twice ninth.—In the eighteenth year of Jero¬ 
boam died Abijam. 1 Kings. 
EIGHT'FOLD, adj. Eight times the number or 
quantity. 
EIGHTH'LY, adv. In the eighth place.— Eighthly, 
living creatures have voluntary motion, which plants 
have not. Bacon. 
EIGH'TIETH, adj. The next in order to the feventy- 
ninth ; eighth tenth.—Some balances are fo exadt as to be 
fenlibly turned with the eightieth part of a grain. Wilkins. 
EIGHT'SCORE, adj. Eight times twenty; an hun= 
dred and fixty-: 
What! keep a week away? feven days and nights? 
Eighficore eight hours? and lovers’ abfent hours, 
More tedious than the dial eight/core times ? 
Oh weary reckoning! Shakefipeare. 
EIGH'TY, adj. Eight times ten; fourfeore : 
Eighty odd years of forrovv have I feen, 
And each hour’s joy wreck’d with a week of teen. Skakefp . 
EIGNE, adj. \_aifne, Fr.] In law denotes the elded or 
fird born. Here it dignifies unalienable, as being en¬ 
tailed.— It happeneth not feldom, that, to avoid the 
yearly oath, for averment of -the continuance of fome 
edate for life, which is eigne, and not fubjeCl to forfeit¬ 
ure for the alienation that cometh after it, the party will 
offer to fue for a pardon uncompelled before the time ; 
in all which, fome mitigation of the uttermod value may 
well and worthily be offered. Bacon. 
EILD,/. [eld, Sax.] Age in its general meaning: 
His crown, and me (poor orphan) left alone 
My uncle govern’d in my tender did. Fairfiax. 
EILE'MA, f. [from &\tu, to involve.] A painful 
twiding of the inteliihes, from flatulence. Alfo a mem¬ 
brane or covering. 
EI'LENBURG, or Eulenburg, a town of Germany, 
in the circle of Upper Saxony, and circle of Leipfic : 
twelve miles north-eaft of Leipfic ; thirty-fix miles weft, 
north-wed of Meiffen. 
EIME'O, or Eimeeo, one of the Society iflands, in the 
South Pacific Ocean ; almofl wholly furrounded with 
rocks: four leagues wed from the north-weid part of 
Otaheita. 
El'MONT, a river of England, which runs into the 
Eden a little below Penrith. 
EI'NABI, a town of Afiatic Turkey, in the province 
of Natolia : thirty-fix miles north of Degnizlu. 
EIN'BECK, or Eimbeck, a town of Germany, in the 
circle of Lower Saxony, and principality of Grubenhagen, 
on the Ilmen, enclofed with walls, and defended with re¬ 
doubts. 
