ELISORS, practice. Two persons appointed by the court to return a jury, when the sheriff and the coroner have been challenged as incompetent2; in this case the elisors return the writ3 of venire directed to them, with a panel of the juror s names, and their return is final, no challenge being allowed to their array. 3 Bl. Com. 355,; 3 Cowen, 296; 1 Cowen, 32.
ELL. A measure of length. In old English the word signifies arm, which sense it still retains in the word elbow. Nature has no standard of measure. The cubit, the ell, the span, palm, hand, finger, varies. So of the foot, pace, mile, or mille passuum. See Report on Weights and Measures, by the Secretary of State of the United. States, Feb. 22, 1821; Fathom4.
ELOIGNE, practice. This word signifies, literally5, to remove to a distance; to remove afar off. It is used as a return to a writ of replevin, when the chattels6 have been removed out of the way of the sheriff. Vide Elongata.
ELONGATA, practice. There turn made by the sheriff to a writ of replevin, when the goods have been removed to places unknown to him. See, for the form of this return, Wats. Sher. Appx. c. 18, .s. 3, p. 454; 3 Bl. Com. 148.
2. On this return the plaintiff is entitled to a capias in withernam. Vide Withernam, and Wats. Sher. 300, 301. The word eloigne, is sometimes used as synonymous with elongata.
ELOPEMENT. This term is used to denote the departure of a married woman from her hushand, and dwelling7 with an adulterer.
2. While the wife reides with her hushand, and cohabits with him, however exceptionable her conduct may be, yet he is bound to provide her with necessaries, and to pay for them; but when she elopes, the hushand is no longer liable for her alimony, and is not bound to pay debts of her contracting when the separation is notorious; and whoever gives her credit under these circumstances, does so at his peril8. Chit. Contr. 49; 4 Esp. R. 42; 3 Pick. R. 289; 1 Str. R. 647, 706; 6 T. R. 603; 11 John. R. 281; 12 John. R. 293; Bull. N. P. 135; Stark9. Ev. part 4, p. 699.
ELOQUENCE10 OR ORATORY11. The act or art of speaking well upon any subject with a view to persuade. It comprehends a good elocution, correct and appropriate expressions uttered. with fluency12, animation13 and suitable action. The principal rules of the art, which must be sought for in other works, are summarily expressed in the following lines:
" Be brief, be pointed1; let your matter stand Lucid14 in order, solid, and at hand; Spend not your words on trifles, but condense; Strike with the mass of thoughts, not drops of sense; Press to the close with vigor15 once begun, And leave, leave off when done; Who draws a labor d length of reasoning out, Put straws in lines for winds to whirl about; Who draws a tedious tale of learning o er, Counts but the sands on ocean s boundless16 shore; Victory in law is gain d as battle s fought, Not by the numbers, but the forces brought; What boots success in skirmishes or in fray17, If rout18 and ruin following close the day? What worth a hundred Posts maintained with skill, If these all held, the foe19 is victor still? He who would win his cause, with power must frame Points of support, and look with steady aim: Attack the weak, defend the strong with art, Strike but few blows, but strike them to the heart; All scatter d fires but end in smoke and noise, The scorn of men, the idle play of boys. Keep, then, this first great precept20 ever near, Short be your speech, your matter strong and clear, Earnest your manner, warm and rich your style, Severe in taste, yet full of grace the while; So may you reach the loftiest heights of fame, And leave, when life is past, a deathless name."
