In the United States the law of embezzlement is founded mainly on the
English statute passed in 1799, but the statutes of most states are so
framed that larceny includes embezzlement. The latter is sometimes
denominated statutory larceny. The punishment varies in the different
states, otherwise there is little substantive difference in the laws of
the two countries.
Statutes have been passed in some states providing that one indicted for
larceny may be convicted of embezzlement. But it is doubtful whether
such statutes are valid where the constitution of the state provides
that the accused must be informed of the nature and cause of the
accusation against him. (See also LARCENY.)
EMBLEM (Gr. [Greek: emblêma], something put in or inserted, from [Greek:
emballein], to throw in), a word originally applied in Greek and Latin
(_emblema_) to a raised or inlaid ornament on vases and other vessels,
&c., and also to mosaic or tessellated work. It is in English confined
to a symbolical representation of some object, particularly when used as
a badge or heraldic device.
EMBLEMENTS (from O. Fr. _emblavence de bled_, i.e. corn sprung up above
ground), a term applied in English law to the corn and other crops of
the earth which are produced annually, not spontaneously, but by labour
and industry. Emblements belong therefore to the class of _fructus
industriales_, or "industrial growing crops" (Sale of Goods Act 1893, §
62). They include not only corn and grain of all kinds, but everything
of an artificial and annual profit that is produced by labour and
manuring, e.g. hemp, flax, hops, potatoes, artificial grasses like
clover, but not fruit growing on trees, which come under the general
rule _quicquid plantatur solo, solo cedit_. Emblements are included
within the definition of goods in s. 62 of the Sale of Goods Act 1893.
Where an estate of uncertain duration terminates unexpectedly by the
death of the tenant, or some other event due to no fault of his own, the
law gives to the personal representative the profits of crops of this
nature as compensation for the tilling, manuring and sowing of the land.
If the estate, although of uncertain duration, is determined by the
tenant's own acts, the right to emblements does not arise. The right to
emblements has become of no importance in England since 1851, when it
was provided by the Landlord and Tenant Act 1851 (s. 1) that any tenant
at rack-rent, whose lease was determined by the death or cesser of the
estate, of a landlord entitled only for his life, or for any other
uncertain interest, shall, instead of emblements, be entitled to hold
the lands until the expiration of the current year of his tenancy. The
right to emblements still exists, however, in favour of (a) a tenant not
within the Landlord and Tenant Act 1851, whose estate determines by an
event which could not be foreseen, (b) the executor, as against the heir
of the owner in fee of land in his own occupation, (c) an execution
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