Page:The New International Encyclopædia 1st ed. v. 07.djvu/35

* EMBEZZLEMENT. 21 EMBOLISM. vant, or a person acting in such a capacity. (2) That the property should have come into his pos session 'by virtue of his employment.' (3) That he fraudulently converted, or appropriated, or secreted it for bis own use, withoui the consent or concurrence of his employer, and with intent to steal it or to convert it to his own use. Al- though that act conlined the crime to servants, clerks, and persons employed in such capacity, yet the laws arc imu broad enough in scope, both in England and in many of the United Stales, to include wrongs of this nature committed by such persons as agents, attorneys, factors,, brokers, piddie officers, trustees of charities, directors and ollicers of corporations, etc. If. however, the re- lation of debtor and creditor simply exist be- tween the owner of the articles appropriated and the person who appropriates them, so that he who receives them may, if he choose, regard them as his own, and thus make himself liable to re- spond to his employer for their value, the act will not be an embezzlement. If the property come into the possession of the wrongdoer in any other manner than 'by virtue of his employment,' his retention of it cannot constitute embezzle- ment. The essential element, in this respect, is that some confidence shall be violated. Thus, if a servant, believing himself authorized to receive money for his master, but not being in fact so authorized, receive it and convert it to his own use, he does not commit the offense. By the statutes of some American States, it is not neces- sary, in order to constitute this crime, that the property belong to the employer, so long as it does not belong to the servant or clerk, and is acquired by the wrongdoer by virtue of his em- ployment. It a person commit the necessary act of con- version or appropriation, the presumption is that he meant to embezzle. Still there must be a criminal intent; and if it be proved that the ac- cused honestly believed himself entitled to the property intrusted to him, however much mis- taken he may have been, he cannot be convicted of the crime. In England, one indicted for larceny (q.v. ) may now be convicted of embezzlement, if that crime only be proved, and vice versa. In some American States, as New York, larceny has been made broad enough to include embezzlement. The punishment prescribed for embezzlement is usu- ally imprisonment for a term of years. This varies somewhat in different jurisdictions, the minimum term being usually not less than two years and the maximum from ten to fifteen years. Consult: Stephen. History of the Crim- inal Law of England (London, 1883) : Rapalje, Treatise on the Law of Larceny and Other Kin- dred Offences (Chicago, 1802) ; and the authori- ties referred to under Criminal Law. EM'BLA (Icel.. connected with dhnr, elm). In Norse mythology, the name of the first woman created. When the gods Odin, Hrenir, and Lodur left their home to wander on the earth, they found Ask and Embla (ash and elm) without power and without destiny. They bad neither spirits, nor sense, nor blood, nor power of mo- tion, nor fair color. Odin gave them spirit, Heenir sense, and Lodur blood and fair color. Some have it the gods were Odin. Veli. and Ve. The man they called Ask. and the woman Embla. From this pair the human race descended ; a dwelling was assigned to them in Midgard (the earth ). EMBLEM (Lat. emblema, Gk. /»,<>////<;, em- hi' iiia, from In in//: a, emballein, to inlay, from iv, in, in 4 iiWeiv, ballein, to throw ). A repre- sentation of an object intended to signify or indi- cate to the understanding something else than thai which it directly represents to the eye. The meaning of the emblem rest, upon its secondary, no! its primary signification. Emblem is often used in a sense synonymous with 'symbol.' and may be found treated' in the article on SYM- BOLISM. EMBLEM'ATA. The ornaments in relief with which gold and silver vessels were decorated by the ancients. These sculptured figures were generally executed either in the precious metals or in amber, and could usually be taken off at pleasure. They were also called crustse by the Romans. EMBLEMENTS (OF. emblaement, from em- bluer, embleyer, emblader, Fr. emblaver, to sow with grain, from ML. imbladare, to sow with grain, from Lat. in, in + ML. bladum, grain, from Lat. abtatus, p.p. assigned to auferre, to bear away, from ab, away + latns, OLat. tlatus, carried, tollere, Gk. ta?Jkii, tlenai, Goth. >nlaii, OHG. dolen, dulten, tier, dulden, to bear. endure). Growing crops of cereal and vegetable products raised by the labor of the cultivator. Fruits of trees growing on the land and grass growing from ancient roots are not emble- ments. The law has ever been mindful of the interests of the tenant who has expended his toil and capital in tilling the ground. By the feudal law, when a tenant for life died between March and August his heirs were entitled to the profits for the whole year. By the existing law of Eng- land and the United States, a tenant for life, tenant at will, or other tenant, whose term may be suddenly and unexpectedly brought to a close, is entitled to reap the crop which he has sown, and to enter the lands after the expiration of the term to remove the emblements. The right of life-renters in Scotland to reap the growing crop is somewhat similar to the English right to emblements. In America emblements are some- times known as 'way-going crops.' See Lin: Estate; Tenancy at Will. EM'BOLISM (Lat. embolismus, embolism, from Gk. £)j.fS6ifu>s, embolvmos, intercalated, from iv, en, in + pdWeLv, ballein, to throw}. The term employed by pathologists to designate the plugging up of a vessel by a clot of coagulated blood-fibrin, by a detached shred of a morbid growth from a diseased cardiac valve, etc. Clots, or portions of a clot, may be transported by the blood-current from the venous system to the right side of the heart, and block up the pul- monary artery either entirely or in part; if the occlusion is entire, sudden death is produced: while, if it is only partial, gangrene, or inflam- mation of a part of the lung, commonly ensues. Similar accidents may happen in the arterial sys tem. A detached fragment of a diseased tricuspid or aortic valve of the heart, or a separated frag ment of coagulated fibrin, may be driven onward in the blood-current, and enter and occlude some of the cerebral arteries, causing softening of tie- brain by cutting off the due supply of nourish- ment. It is a frequent cause of sudden death, carelessly ascribed to 'heart failure.' It is a