Black's Law Dictionary

A church. Jacob.

In Spanish law. A written instrument. Every deed that is made by the hand of a public escribano or notary of a corporation or council (concejo,) or scaled with the seal of the king

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

Tackle or furniture ; outfit. Certain towns in England were bound to furnish certo in ships at their own expense and with double stoppage or tackle. Cowell.

To ship.

Shippage or passage by sca. Spelled, aiso, "Stoppeson." Cowell.

See Elisors.

In old law. A hireling of servile condition.

Seniority; the condition or right of the eldest; the privilege of the eldest-born. Particularly used of the privilege of the eldest among coparceners to make a first choice of purp

In Spanish law. A junction of all the separate papers made in the course of any one proceeding and which remains in the office at the close of it Cas-tillero v. In S., 2 Black (In

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

In Fr. Spurs.

An old term for the products which the ground or land yields; as the hay of the meadows, the herbage of the pasture, porn of arable fields, rent and services, etc. The word has bee

A mutual promise be-twcen a man and a woman to marry each other at some other time. It differs from a marriage, because then the contract is completed. Wood, Inst. 57.

Span. In Spanish law. A spurious chlld; one begotten on a woman who has promiscuous intercourse with many men. White, New Recop. le 1, tit. 5, c. 2, § 1.

In English law. 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 oth

L, Fr. To cut down woods to clear land of trees and underwood; properly to thin woods, by cutting trees, etc., at intervals. Spelman.

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

That which is indispensable to that of which it is the essence. —Essence of the contract. Any condition or stipulation in a contract which is mutually understood and agreed by the

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

A writ to be quit of toll; it lies for citizens and burgesses of any city or town who, by charter or prescription, ought to be exempted from toll, where the same is exacted of them

n. In old 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. Essoin is not

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

when the defendant is in court the first day ; but gone without pleading, and being afterwards surprised by sickness, etc., cannot attend, but sends two essoiners, who openly prote

A person who made an essoin.

A roil upon which essoins were formerly entered, together with the day to which they were adjourned. Boote, Snit at Law, 130; Rose. Real Act 162, 163 ; Gilb. Com. PI. 13.

This word occurs frequently in the constitution of the United States, and it ls 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 made by the husband, or his friends, before or at the time of the marriage. Britt cc. 102, 103.

A bridge or stank of stone or timber. Cowell.

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

In Spanish law. Delay in a voyage or in the delivery of cargo, caused by the charterer or consignee, for which demurrage is payable.

Hob. 159. There is that which is not proper, even though permitted; but whatever is not permitted ls certainly not proper.

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

Wears or kiddles in rivers.

It Is to be understood or known; "it ls to-wlt" Litt. §§ 9, 45, 46, 57, 59. A very common expression in Littleton, especially at the commencement of a section; and, according to Lo

1. The interest which any one has in lands or in any other subject of property. 1 Prest. Est. 20. And see Van Rensselaer v. Poucher, 5 Denio (N. Y.) 40; Beall v. Holmes, 6 Har. & J

An estate in fee-simple. Gian. L 7, a 1.

The interest of a tenant who has come rightfully into possession of lands by permission of the owner, and continues to occupy the same after the period for which he is entitled to

A species of estate less than frcehold, where lands and tenements are let by one man to another, to have and to hold at the wlll of the lessor; and the tenant by force of this leas

See Elegit.

An estate whereby the creditor, under the custom of London, retained the possession of all his debtor's lands until his debts were paid. 1 Greent Cruise, Dig. 515. See Statute Merc

Tenant by the curtesy of England is where a man survives a wlfe 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 his own life or the life or lives of one or more other persons, or for an indefinite period, which may en

A species of estate less than freehold, where a man has an interest in lands and tenements, and a possession thereof, by virtue of such interest, for some fixed and determinate per

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

An estate which several persons hold as one heir, whether male or female. This estate has the three unities of time, title, and possession; but the interests' of the coparceners ma

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

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

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 which a man has, to hold to him and the heirs of his body or to him and particular heirs of his body. 1 Steph. Comm. 228

An estate in lands or tenements granted to two or more persons, to hold in fee-simple, fee-tail, for life, for years or at Will. 2 Bl. Comm. 180; 2 Crabb, Real Prop. 937. An estate

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 estate limited to take effect in possession or in enjoyment or in both, subject only to any term of years or contingent interest that may intervene, immediately after the regula

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 person in his own right only, without any other person being joined or connected with him in point of interest, during his estate. This is the most common and u

An estate of inheritance, which, instead of descending to heirs generally, goes to the heirs of the donee's body, which means his lawful issue, his chlidren, and through them to hi

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

An estate in land or other real property, of uncertain duration; that is, either of inheritance or which may possibly last for the life of the tenant at the least, (as distinguishe

A species of freehold estate in lands, otherwise called a "fee," where the tenant is not only entitled to enjoy the land for his own life, but where, after his death, it is cast by

Estate for another's life. An estote in lands which a man holds for the life of another person. 2 Bl. Comm. 120; Litt. § 56.

The lords spiritual, the lords temporal, and the commons of Great Britain. 1 Bl. Comm. 153. Sometimes calied the "three estates."

See Estate in Fee-Tail.

An estote in lands, the existence of which depends upon the happening or not happening of seme uncertain event, whereby the estate may be either originally created or enlarged or f

An estate having a condition annexed to it inseparably from its essence and constitution, although no condition be expressed in words. 2 Bl. Comm. 152; 4 Kent, Comm. 121.

An estate granted, either in fee-simple or otherwise, with an express qualification annexed, whereby the estate granted shall either commence, be enlarged, or be defeated upon perf

Public and private law Is that which is collected from natural precepts, on the one hand of nations, on the other of citizens ; and that which in the civil law is called "jus," tha

Violence may also put on the mask of law.

An ensign for horsemen in wav.

L. Fr. 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

The voice of the legislators them selves is like the living voice; that ls, the language of a statute ls to be understood and interpreted like ordinary spoken language. 10 Coke, 10

To stop, bar or impede; to prevent; to preclude. Co. Litt 352a. See Estoppel.

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

where a party has executed a deed, that is, a writing under seal (as a bond) reciting a certain fact, and is thereby precluded from afterwards denying, in any action brought upon t

An estoppel predicated on a voluntary and intelligent action or choice of one of several things which is inconsistent with another, the effect of the estoppel being to prevent the

The estoppel raised by the rendition of a valid judgment by a court having jurisdiction, which prevents the parties to the action, and ali who are in privity with them, from afterw

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

An estoppel founded upon matter of record; as a confession or admission made in pleading in a court of record, which precludes the party from afterwards contesting the same fact in

This term is sometimes applied to the estoppel arising from a former adjudication of the same fact or issue between the same parties or their privies. Chicago Theological Seminary

13 Coke, 68. Estovers are of fire-bote, plow-bote, house-bote, and hedge-bote,

A writ for a wife judicially separated to recover her alimony or estovers. Obsolete.

An allowance made to a person out of an estate or other thing for hls or her support, as for food and raiment. An allowance (more commonly called "alimony") granted to a woman divo

Hob. 159. There ls something more perfect in things allowed.

Cattle whose owner is unknown. 2 Kent, Comm. 359; Spelman; 29 Iowa, 487. Any beast, not wild, found within any lordship, and not owned by any man. Cowell; 1 Bl. Comm. 297. Estray m

n. (From Lat. extractum.) In English law. A copy or extract from the book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., impo

Straightened, as applied to roads. Co.welL

To strip; to despoll; to lay waste; to commit waste upon an estote, as by cutting down trees, removing buildings, etc. To injure the value of a reversionary interest by stripping o

A species of aggravated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession. —Estrepement, writ of. This was

This was a common-law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As

And. The introductory word of several Latin and law French phrases formerly in common use.

And it is adjourned. A phrase used in the old reports, where the argument of a cause was adjourned to another day or where a second argument was had. 1 Keb. 692, 754, 773.

An abbreviation for et a lit, "and others."

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 alU C contra, et sic ad patriam: ready; and othe

And another. The abbreviation et al. (sometimes In the plural written et als.) is affixed to the name of the person first mentioned, where there are several plaintiffs, grantors, p

And it is allowed.

And others; and other things; and so on. In its abbreviated form (etc.) this phrase is frequently affixed to one of a series of articles or names to show that others are Intended t

L. Fr. And of this they put themselves upon the country.

And of this he puts himself upon the country. The formal conclusion of a common-law plea in bar by way of traverse. The literal transiation is retained in the modern form.

In Lat And it is read to him in these words. Words formerly used in entering the prayer of oyer on record.