A Dictionary of Law

The exercise of aright; the possession and fruition of a right, privilege, or incorporeal hereditament.

Span. Judicially; ina court of law; ina suit at law. White, New Recop. BZ ati Se. 15

Extending, or making more comprehensive; as an enlarging statute, which is one extending the common law.

A remedial statute which enlarges or extends the common law. J Bl. Comm. 86, 87.

The act of one who voluntarily enters the military or naval service of the government, contracting to serve ina subordinale capacity. The words “enlist” aud “enlistment, ” in law,

Fr. In a dead hand; in mortmain. Britt. c. 43.

In Roman law. The injury sustained by one of the parties to an onerous contract when he had been overreached by the other to the extent of more than one-half of the valuo of the su

In old practice and pleading. Uniawful or wrongful acts; wrongs. Ht alia enormia, and other wrongs. This phrase

Aggravated. “So enormous atrespass.” Vaughan, 115. Written “enormious,” in some of the old books. Enormious is where a thing is made without a rule or against law. Brownl. pt. 2, p

Fr. In equal hand. The word “owel” occurs also in the phrase “ozelty of partition.”

Anciently used for implead. Cowell. -.

or ENQUEST. In canon law. An examination of witnesses, taken down in writing, by or before an authorized judge, for the purpose of gathering testimony to be used on a trial.

Fr. In French law. An expression employed to denote that an indorsement made in favor of a person does not transfer to him the property in the bill of exchange, but merely constitu

In French law. Registration. A formality which consists in inscribing on a register, specially kept for the purpose by the government, asummary analysis of ceriain deeds and docume

To register; to make a record; to enter on the rolls of a court; to transcribe.

In Englishlaw. The registering or entering on the rolls of chancery, king’s bench, cowmon pleas, or exchequer, or by the clerk of the peace in the records of the quarter sessions,

Fr. On the way; in the course of a voyage or journey; in course of transportation,

[To insert in a list, account, or writing.

To seal. Hnsealing is still used as a formal word in conveyancing.

Fr. To make subject to a service or servitude. Britt. c. 54.

Lat. A creatureof the law; an artificial being, as contrasted with a natural person. Applied to corporations, considered as deriving their existence entirely from the law.

n. A fee abridged or limited to the issue, or certain classes of issue, instead of descending to ail the heirs. 1 Washb, Real Prop. 66; Cowell; 2 Bl. Comm. 112, note. Entail, in le

Settled or limited to speclfied heirs, or in tail.

Money directed to be invested in realty to be entailed. 3 & 4 Wm. IV. c. 74, §§ 70, 71, 72.

Inold Englishlaw. The plaintiff’s count or declaration.

The old form of t7tendment, (q. v.,) derived directly from the French, and used to denote the true meaning or signification of a word or sentence; that is, the understanding or con

In the law of real property. To go upon tand for the purpose of taking possession of it. In strict usage, the entering is preliminary to the taking possession, but in common parlan

Fr. <A party challenging (claiming) goods; he who has placed them in the hands of a third person. Kelham.

The formalentry of the judgment on the rolls of the court, which is necessary before bringing an appeal or an action on the judgment.

When bilis not due are paid into a bank by a customer, it is the custom of some bankers not to carry the amount of the bills directly to his credit, but amounts, and the times when

This word is synonymous with “board,” and includes the ordinary necessaries of life, 2 Miles, 523.

To solicit, persuade, or procure. 12 Abb. Pr. (N.S.) 187.

Whole; without division, separation, or diminution.

Where a contract consists of many parts, which may be considered as parts of one whole, the contract is entire. When the parls may be considered as so many distinct contracis, ente

This phrase signifies an undivided day, not parts of two days. An entire day must have a legal, fixed, precise time to begin, and a fixed, precise time to end. A day, in contemplat

The whole interest or right, without diminution. Where a person in selling his tract of lund sells also purchaser only a quitclaim of his interest in the improvements. 13 La. Ann.

A sole passession by one person, culled “severalty,” which is contrary to several tenancy, where a joint or commen possession is in one or more.

The whole, in contradistinction to a moiety or part only. When land is conveyed to husband and wife, they do not take by moieties, but both are seised of the entirety. 2 Kent, Comm

BENEFIT, ETC. These words in the Aabendum of a trust-deed for the benefit of a married woman are equivalent to the words “sole use,” or “sole and sejarate use,” and consequently he

In its usualsense, to entitle is togivea rightortitle. Therefore a person is said to be entitled to property when he has a right to it. In ecclesiastical law. To entitle is to a gi

Fr. An intruder or interloper. Britt. ¢. 114.

Span. Delivery. Las Partidas, pt. 6, tit. 14, 1. 1.

A warehouse ormagazine for the depusit of goods. In France, a building or place where goods from abroud may be deposited, and from whence they may be with- — drawn for exportation

1. In real property law. Entry is the act of going peaceably upon a piece of land which is claimed a3 one’s own, but which is held by another person, with the intention and for the

Writ of. In old English practice. This was a writ made use of in a form of real action brought to recover the possession of lands from one who wrongfully withheld the same from the

Entry ab common law. The name of a writ of entry which lay for areversioner after the alienation and death of the particular tenant for life, against him who was in possession of t

A writ of entry in casu consimili lies where a tenant for life or by the curtesy aliens in fee. Termes de la Ley.

4A writ of entry iz casu proviso lies if « tenant in dower alien in fee, or for life, or for another’s life, living the tenant in dower. Termes de la Ley.

Persons appointed to collect census papers or schedules. 33 & 34 Vict. c. 108, § 4.

In Ere = En its mother’s womb, <A term descriptive of anunborn child. Forsome purposes the law regards an infant e2 vente as in being. It may take a legacy; have a guardian; an est

In international law. <A public minister of the second ciass, ranking next after an ambassador. Envoys are either ordinary or extraordinary; by custom the latter is held in greater

In the civil law. In that state or condition; in that place, (eo loco.) Calvin.

Corporations organized fur the purpose of acquiring lands in large tracts, paying off ineumbrances thereon, improying and subdividing them inte homestead lots or parcels, and distr

Under that name; by that appellation. Periude ae si co nomine tibi tradita fuissel, just as if it had been delivered to you by that name. Inst. 2, l, 43. A common phrase in the boo

In Saxon law. <An earl.

In medical jurisprudence. A disease of the brain, which occurs in paroxysms with uncerlain intervals between Ss them,

Expenses or gifts. Blount.

In ecclesiastical law. Synodals, pentecostals, and other customary payments from the clergy to their diocesan pishop, formerly collected by the rural deans. Cowell.

Of or pertaining to episcopacy, or to the Episcopal Church. EPISCOPATS#. A bishopric. The dignity or office of a bishop.

In the civil law. An overseer; an inspector. A municipal officer ee who had the charge and oversight of the bread and other provisions which served the citizens for their daily foo

It was an old custom that upon certain feasts some lay person should plait his hair, and pat on the garments of a bishop, and in them pretend to exercise episcopal jurisdiction, an

The time at which a new computation is begun; the time whence dates are numbered. Enc. Lond.

The condition of possessing the same rights, privileges, and immunities, and being liable to the same tiuties. Equality is equity. Fran. Max. 9, max. 3. Thus, where an heir buys in

An officer of state under the master of the horse,

Lat. In Roman and old English law. A knight.

An equal. It is mentioned in Simeon Dunelm, A. D. 882. Jacob.

Thetwo periods of the year (vernal equinox about Mareh 21st, and autumnal equinox about September 22d) when the time from the rising of the sun to its setting is equal to the time

Just; conformable to tha principles of natural justice and right. Just, fair, and right, in consideration of Existing in equity; available or suslainable only in equity, or only up

Equitable assets are all asscts which are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of legal assets. 1 Story, Eq. Jur.

An assignment which, though invalid at law, will be recognized and enforced in equity; e. g-, an assignment of a chose in action, or of fulure acquisitions of the assignor,

A construction of a law, rule, or remedy which has regard more to the equities of the particular transaction or state of affairs involved than to the strict application of the rule

In English practice. A defense to an action on grounds which, prior to the passing of the commonlaw procedure act, (17 & 18 Vict. ¢. 125,) would have been cognizable only in a cour

In old English law. Traveling furniture, or riding equipments, including horses, horse harness, ete. Reg. Orig. 1006; St. Westm. 2, c. 39.

By this phrase is intended the rule of statutory construction which admits within the operation of astutute a class of cases which are neither expressly named nor excluded, but whi

The equitable right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settle

In patent law. The term “equivalent,” when used of machines, such fluids as ean be discovered only by experiment, it means equally good. 7 Wall. 327.

Having a double or soveral meanings or senses. See AMBIGUITY.

A horse equipped with saddle and furniture.

<A maple tree. Not to be confounded with arabilis, (arable land.)

See CLle Rice Convicro, ete. DE CLERICG INFRA YACROS OR- DINES CONSTITUTO NOW ELIGEN-

The followers of Erastus. The sect obtained much influence in England, particularly among common lawyers in the time of Selden. They held that offenses against religion and moralit

Theobliteration of words or marks froma written instrument by rubbing, scraping, or scratching them out. Also the place in adocument where a word or words have been so removed. The

In the civillaw. To be divided. Judictum familie erciscunde, a suil for the partition of an inheritance, Inst. 4, 17, 4. An ancient phrase derived from the Twelve Tables. Calvin. “

Raising up; building; a completed building. In a statute on the “erection” of wooien buildings, this term does not include repairing, alteration, enlarging, or removal. See 45 N. Y

ml interest, (q. v.) ‘RL ERENCEH. In patent law, this ignates a collision between rights or granted; that is, where a person patent for the whole or any integral he ground alreaiy

Lat, Therefore; hence; because.

In the civil law. Undertakers of work; contractors. Cod. 4, 59.

<A term of the Irish Brehon law, denoting a pecuniary mulecl or recompense which a murderer was judicially condemned to pay to the family or relatives of

We erect. One of the words by which a corporation may be created in England by the king’scharter. 1 Bl. Comm. 473,

Blood whiel: rity (freedom from attainder) and necessary to give its possessor the r of a lawful heir; that which is of being the medium for the transn of an inheritance.

By metonymy, this term is used to describe the office or functions of a judge, whose state robe, lined avith ermine, is emblamatical of purity and honor without Stain. Webster.

In England, the title of a chief officer of the queen, deriving his name from the Black Rod of office, on the top of which reposes a golden lion, which he carries.

The gradual eating away of the soil by the operation of currents or tides. Distinguished from s«bmergence, which is the disappearance of the soil under the water and the formation

Sometimes also called “Erotico-Mania,” a disease of the brain on sexual subjects. The distinction between it and nymphomania is that in the latter, although the condition of mind i

Wandering; itinerant; applied to justices on circuit, and bailiffs at large, etc.

In old law. A waif or atray; a wandering beast. Cowell.

Involving error; deviating from the law. This term is never used by courts orlaw-writers as designating a corrupt or evil act. 72 Ind. 333.

Lat. Erroneously; through error or mistake.

A mistaken judgment or incorrect belief as to the existence or effect of matters of fact, or a false or mistaken conception or application of the law. Such a mistaken or false conc

That is called “error of fact” which proceeds either from ignorance of that which really exists or from a mistaken belief in the existence of that which has none. Civil Code La. ar