A Dictionary of Law

The termination or suspension of an estate-tail, in consequence of the act of the tenant in tail, in conveying a larger estate in the land than he was by law entitled tode, 2 Bl. C

or EGLISH. A church. Jacob,

Robbers, or destroyers of other men's lands and fortunes. Cowell.

‘Tackle or furniture; outfit. Certain townsin England were bound to furnish certain ships at their own expense and with double skippage or tackle. Cowell.

Shippage, or passage by sea. Spelled, also, “skippeson.” Cowell.

See Exisors.

In old law. A hireling of servile condition,

Seniority; the condition or right of the eldest; the privilege of the eldestborn, Particularly used of the privilege of the eldest among coparceners to make nu first choice of purp

A period of time fixed by law or by a court within which certain acts are to be performed, e. g., the production of papers, payment of debts, ete.

Anold term forthe products whieh the ground or Jand yields; as the hay of the meadows, the herbage of the pasture, corn of arable fields, rent and services, etc. The word has been

A mutual promise between a man and a woman to marry each other at some other time. It differs froma marriage, because Lhen the contract is completed. Wood, Inst. 57.

Span. In Spanish law. A spuricus child; one begotten on a woman who has promiscuous intercourse with many

In Englishlaw. A title of dignity next above gentleman, and below knight. Also a title of office given to sheriffs, serjeants, and barristers at law, justices of the peace, and cth

Fr. To cut down woods, to clear jand of trees and underwood; properly to thin woods, by cutting ‘trees, ete., at intervals. Spelman.

Woodlands turned into tillage by uprooting the trees and removing the underweod.

That which is indispensable to that of which it is the essence.

Any condition or stipulation in a contract which is mutually understood and agreed by the parties to be of such vital importance that a sufficient performance of the contract canno

mn. Inold English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse, Spelman; 1 Sel, Pr. 4; Com. Dig. “ Exoine,” B 1. ssoin is not

Formerly the first general return-iay of the term, on which the courts sat to receive essoins, é. e., exeuses for parties who did not appear in court, according to the summons of w

A person who made an essoin. Est aliquid quod non oportet etiam si licet; guicquid vero non licset certe non oportet. Hob. 159. There is that which is not proper, even though permi

SED ITA LEX SCRIPTA EST. Lat. (This indeed is exceedingly hard, but so the law is written; such is the written or positive law.) An observation quoted by Blackstone as used by Ulpi

This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably; as to establish justice,

An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. I. 2 Inst. 156; Britt. c. 21.

The assurance of dower nade by the husband, or his friends, before or at the time of the marriage. Britt. ec. 102, 103.

A bridge or stank of stone or timber. Cowell.

In Spanishlaw. In Spanish America this was a measure of lanl of sixteen square varas, or yards. 2 White, Recop. 139.

In Spanishlaw. Delayina voyage, or in the delivery of cargo, caused by the charterer or consignee, for which demutrage is payable,

Fr. A standard, (of weights and measures.) So called because it stinds constant and immovable, and hath all other measures coming towards it for their zonformity. Termes de la Ley.

Wears or kiddles in sivers.

Itis to be understood or known; “it is to-wit.” Litt. §§ 9, 45, 46, 57,59. A very common expression in Littleton, especially at the commencement of a section; and, according to Lor

An estate in fee-simple. Glan. L 7, ¢. 1.

See E.rart, ESTATE BY STATUTE MER-

Tenant by the curtesy of England is where a man survives a wife who was seised in fee-simple or fee-tail of lands or tenements, and has had issue male or female by her born alive a

A freehold estate, not of inheritance, but which is held by the tenant for lis own life or the life or lives of one or more other persons, or for an indelinite period, which may en

A species of estate less than freehold, where a man has for some fixed and determinate period of time; as in the ease where lands are Jet for the term of a certain number of years,

An estate in lands held by two or more persons, with interests accruing under different titles; or aceruing under the same title, but at different periods; or conferred by words of

An estate which several persons lold as one heir, whether male orfemale. This estate has the three unities of time, title, and pussession; but the interests of the coparceners may

A species of life-estate which a woman is, by law, entitled to cluim on the death of her husband, in the lands and tenements of which he was seised in fee during the marriage, and

The estate which a man has where lands are given to him and to his heirs absolutely without any end or limit put to his estate. 2 Bl. Comm. 106; Plowd. 557; 1 Prest. Est. 425; Litt

Generally termed an "estate tail." An estate of inheritance limited and restrained to some particular heirs of the person to whom it is granted, instead of descending to all the he

An estate in lands or tenements granted to two or more persons, to hold in fee-simple, feetail, for life, for years, or at will. 2 Bl. Comm. 180; 2 Crabb, Real Prop. 987. An estite

An estate whereby a present interest passes to and resides in the tenant, not depending on any subsequent circumstance or contingency. 2 Bl. Comm, 163. An estate where the tenant i

An e¢state limited to take effect in possession, orin enjoyment, or in both, subject only to any term of years or contingent interest that may intervene, immediately after the regu

A species of estate in expectancy, created by operation of law, being the residue of an estate left in the grantor, to commence in possession after the determination of some partic

An estate held by a porson in his own right only, without any other person being joined or connecled with him in point of interest, during hisestate. This isthe most common and usu

An estate in gage or pledge. 2 Bl. Comm. 157; 1 Steph. Comm, 282.

Estate foranctler’s life. An estate in lands which aman holds for the lifeof another person. 2 Bl. Comm. 120; Litt. § 56.

An original is the first of several estates, bearing to each other the relation of a particular estate and a reversion. An original estate is contrasted with a derivative estate; a

The lords spiritual, the lords temporal, and the commons of Great Britain. 1 BI. Comm. 153. Sometimes called the “three estates.”

See Estate IN FEE-

One which is not yet in possession, but the enjoymentof which is to begin at a future time; a present or vested contingent right of future enjoyment. These are remainders and rever

« To take out a forfeited reeognizance from the records of a court, and

To appear before a tribunal either as plaintiff or defendant, Kelham.

This word is used to express the mind or judgment of the speaker or writer on the particular subject under consideration. It implies a calculation or computation, as to estimate th

<A ceremony whieh mpanied the grant of lands in the feudal ani consisted in the open and notorious y of possession in the presence of the r yassals, which perpetuated amoug them 2

To stop, bar, or impede; to prevent; to preclude. Co, Litt. 852a. See Es.

A bar or impediment raised by the law, which precludes a man from alleging or from denying a certain fact or state of facts, in consequence of his previous allegation or denial or

COLLATERAL. The collateral determination of a question by acourt having general jurisdiction of the subject. Estoveria sunt ardendi, arandi, construendi et claudendi. 18 Coke, 68.

An estoppel by the conduct or admissions of the party; an estoppel not arising from deed or matter of record. Thus, where one man has accepted rent of another, he will be estopped

A writ for a wife judicially separated to recover her alimony or esiovers. Obsulete.

<An allowanee made to a person out of an estate or other thing for his or her support, as for food and raiment. An allowance (more commonly called “alimony”) granted to a woian div

Cattle whose owner is unknown. 2 Kent, Comm. 359; Spelman; 29 Towa, 437. Any beast, not wild, found within any lordship, and not owned by any man, Cowell; 1 Bl, Comm, 297. Estray m

n. (From Lat. exitractum.} In English iaw. A copy or extract from fne book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, ete., imp

Straightened, as applied to roads. Coweli.

To strip; to despoil; to lay waste; to commit waste upon an estate, as by cutting down trees, removing buildings, ete. To injure the value of a reyersionary interest by stripping o

<A species of aggravated waste, by stripping or devastating the land, to the injury of the revyersioner, and especially pending a suit for possession.

WRIT OF, This was a common-law writ of waste, which lay in particular for the reyersioner against the tenant for life, in respect of damage or injury tothe land committed by the la

And it is adjonrned. A phrase used in the ald reports, where the argument of a cause was adjourned to another day, or where a second argument was had. I Keb, 692, 754, 773.

And others on the other side. A phrase constantly used in the Year Books, in describing a joinder in issue. P, 1 Edw. II. Prist; et aiit & contra, et sie ad patriam: ready; and oth

Andancther, The abbreviation e¢ al. (sometimes in the plaral written et als.) is afiixed to the name of the per-

And it is allowed.

L. Lat. And itis read to him in these words. Words formerly used in entering the prayer of oyer on record. ET HABEAS IBI TUNC HOC

And he hadit. <A common phrase in the Year Books, expressive of the allowance of an application or demand by a party. Parn. demanda la view. Lt habuit, ete. M. 6 Edw, III. 49. ET H

And thereupon [or thereof] he prays judgment. A clause at the end of pleadings, praying the judgment of the court in favor of the party pleading. It occurs as early as the time of

And thereupon he brings suit. The Latin conclusion of a declaration, except against attorneys and other officers of the court. 3 Bi. Comm, 295.

Lat. And now at this day. This phrase was the formal beginning of an entry of appearance or of a continuance. The equivalent Knglish words are still used in this connection.

Lat. Andnot. <A technical phrase in pleading, which introduces the negative averments of a special traverse.. It has the same force and effect as the words “absque hoc,” and is occ

A wrib issuing in civil cases, to remove the cause, as also the body of the defendant, from an inferior court to a superior court having jurisdiction, there to be disposed of. It i

An abbreviation for et sequentia, “and the following.” Thus a reference to “p. 1, et seq.” means “page first and the following pages.” ET Sic. And s0. In the Latin forms of pleadin

And soa to judgment. Yearb, T. 1 Edw. I. 10.

Andsotothe country. A phrase used in the Year Books, to record an issue to the country.

And hledid so. Yearb. P. 9 ten, Vile 7.

And so it hangs. A term used in the old reports to signify that a point was left undetermined. T. Ray. 168.

An abbreviation for eé xor,— “and wife.” Where a grantor’s wife joing him in the converance, if is sometimes ex- ETIQUETTE OF THE PROFES-

Lat. In going and returning. Applied to vessels. 30. Rob. Adm. 141.

Equal laws and a well-adjusted constitution of government.

This word embraces averything about whicha person can be employed. 23 N. Y. 242, 244. That which occupies the time, attention, and labor of men for the purpose of a livelihood or p

Lat. In old practice. An escape from prison or custody. Reg. Orig. 312.

A subtle endeavoring to set aside truth or to escxpe the punishment of the law. This will not be allowed. If one person says lo another that he will not strike him, but will give h

Tending or seeking to evade; elusive; shifting; as an evasive arguient or plea.

In old English law. The delivery at even or night of a certain portion of grass, or corn, elc., to a customary as a gratuity or encouragement. Kennett, Gloss. Eventus est qui ex ca

See Ea Ave Es-DRor

In the civil law. Torecover anything from a person by virtue of the judgment of a court or judicial sentence. At common law. ‘Todispossess, or turn out of the possession of lands b

Dispossession by process of law; the act of depriving a person of the possession of lands which he has held,-in pursuance of the judgment of a court. Technically, the dispossession

A term applied to written instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Rev. St. N. We p, ogo, & Sa,

Having the quality of evidence; constituting evidence; evidencing. A. term introduced by Bentham, and, from its convenience, adopted by other writers.

(L.Fr, we, water.) In old English law. Toll paid for water passage. The same a8 aguage. Tomlins.

In the right of another. Sea AurER DRo It.

Lat. Out of abundant caution. “The practice has arisen cbundanti cautela.” 8 East, 326; Lord Ellenborough, 4 Maule & 8. 544.

The wrongful act of an officer or other person in compelling payment of a fee or reward for his services, under color of his official authority, where no payment is due, Between “e