A New Law Dictionary and Glossary

[Sax. eorl, eorle; L. Lat. comes, eorla; Fr. comte; L. Fr. countee^ The most ancient title of nobility in England, and formerly the highest, (answering to the Lat. comes;) but now

Lat. With that intent Held not to make a condition but a confidence and trust. Dyer^ 138 b.

Ealdorman. Sax. (X. Lat. alderm^nnus; Lat. senior. "] Elaqr man, or elder. A very ancient title, applied among the Saxons to a great variety of officers, (see Aldermannus;) the ten

Sax. [Lat. senior.] In Saxon law. Elder. A term generally used to express age, and sometimes office, though the latter was usually denoted by ealderman (q. v.) Spelman, voc. Alderm

[L. Lat. eomitatus,'] The office, jurisdiction, or dignity of an earl, {comes). An earldom onginally consisted in dignity, office, and the possession of lands. 1 Ld. Raym. 10, 13.

[L. Lat. comes mariscallus,] A great officer of state in England, who anciently presided in the court of chivalry, or court of honor. 3 Bl, Com. 68. 4 Id, 267. Since the disuse of

[Lat. arrha, arra, arras.] A part of the price of goods sold, or a portion of the goods themselves, delivered by one of the parties to a contract of sale to the other, in order to

[L. Lat. aisiamentum, aysiamentum, from Fr. aisS, a convenience.] A liberty, privilege or advantage in land, without profit, existing distmct from an ownership of the soil. Prentis

[L. Lat. terminus Pascka^ In English practice. One of the four terms of the superior courts in England, formerly called a moveable term, but now fixed, beginning on the 15th April,

Lat. (Quod eat, &c.; that he go thereof without day.) In practice. Words anciently used in recording a judgment rendered for a defendant, as the corresponding English words still a

In English criminal law. The ofifence of listening under walls or windows, or the eaves of a house, to hearken after discourse, and thereupon to frame slanderous and mischievous ts

Lat. [from Gr. ekklesia, from ekkaleo, to call out; L. Fr. esglise.] In English law. A church; a place of religious worship, (templum, seu domus qua fideles conveniunt, ritus divin

Belonging to, or connected with the church. Tom Hn*. ECCLESIASTICAL CORPORA-

[L. Lat. curiae christianitatis.] Courts held in England by the king's authority, as supreme head of the church, for the consideration of matters chiefly relating to religion. Jaco

Thatspecies of law which is administered by the ecclesiastical courts. The ecclesiastical law of England is compounded of these four main ingredients; the civil law, the canon law,

pi. ECDICL [from Gr. exdixos, from ^x, and ^Ixi^, justice.] The attorney, proctor, or advocate of a corp<»«tion. Episcoporum ecdici; bishops' proctors; church lawyers. 1 Beeves' Hi

Lat. [from edicere, to publish or declare.] In the Roman law. A mandate, ordinance, or proclamation. An ordinance, or law, enacted by the emperor without the senate; belonging to t

Aeditus. L. Lat. [from edere, to put forth, or publish.] Put forth, published or promulgated; passed as a law. Beg. Jud. 22. Contra formam sta- <»<»— editi et provisi; against the

Personal estate or property. This word has been held to be more comprehensive than the word goods, as including fixtures, which "goods" will not include. 7 Taunt. 188. 4 J. B. Moor

Lat. prom effringere, to break open or out.] In civil and old European law. Burglars; housebreakers; those who break into houses to steal; {qui/urandi causd domos effringunt,) Spel

Lat. In old English law. The shedding of blood; (Sax. bloodwit.) The mulct, fine, wite, or penalty imposed for the shedding of blood, which the king granted to many lords of manors

Fr. Equality. Litt. sect. 253.

Lat. Going forth and issuing out of (land). Toums. PL 17.

Lat. [from egredi, to go forth.] A going forth; egress. Stat, Mert, c. 4. See Accessus, Ingressus. El Incai Mblt pr«bati« qai dicic, ■•■ «■! ■ec«c. The proof lies upon him who affi

Eisne, Aime. L. Fr. The eldest, or first bom. Litt. sect. 399. See Bastard eigne.

Fr. [from eigne, elder; L..Lat. einecia, aisnetia.j In old English law. Eldership. The privilege of an eldest sister of choosing first on a partition of lands held in coparcenary.

Esnecia. L. Lat. [L. Fr. eignesse.] In old English law. Eldership; the right or privilege of the first born. Cowell. See Eignesse, Aisnecia.

Enetius, Eniius, Eneyus, Aesnecius, L. Lat. [from eigne, or aisne.] The eldest or first born; (Lat. primogenitus.) Pars einetia; the part or share of the eldest sister. Spelman.

Fr. In this that; inasmuch as. Britt. c. 54. Eins eeo is translated by Kelham, when, unless, the same, rather, until.

Eyre, Eier, Eyer. L. Fr. [from Lat. iter, by dropping the t.] In old English law. A journey anciently made by the justices, called justices in eyre, or justices itinerant, (justiti

Aisne. L. Fr. The eldest. Co. Litt. 166 b.

Einetia. L. Lat. The part or share of the eldest. Co. Litt, 166 b. See Einecia, Einetius.

Fr. To go out of; to issue. Kelham.

[from Lat. ejicere, to throw out.] To cast, or throw out; to oust, or dispossess; to put or turn out of possession. 3 Bl. Com. 198, 199, 200.

[L. Lat. ejectio, from ejicere, q. v.] A turning out of possession. 3 Bl. Com. 199.

Lat. [L. Fr. ejectment de garde.^ In old practice. Ejectment of ward. A writ which anciently lay against him who turned out a guardian from any land during the minority of the heir

A species of mixed aetioa whicb lies to recoyer the possession of lands, with damages and costs for the wrongful withholding of them; being the principal method now in use for tryi

Lat. [from ejicere, to throw out, or up.] That which is thrown out of, or up by the sea (quod a mari ejicitur; ejectus maris;) wreck. Cart. Hen. III.

Fr. Ejectment of ward. See Ejectwne eustodia,

Lat. [from «, out, and>acer0 to throw.] To throw or cast out; to eject or dispossess. Bract, fol. 165, 166. Dejieere, ^q. v.) was more commonly used in the civil law. Calvb, quotin

Lat. Of the same kind or nature. 1 Powell on Devises, 609, note. 1 Atk. 462. Sudden's Law of Prop. 220, 222.

Lat. [from labor.] To gain, acquire, or purchase, as by labor and mdustry. Elaboratus; property acquired by labour. Spelman.

Lat. \lvom dargare, to enlarge.] An enlargement. Reg. Grig. 250 b, 255. Elargatio mansi vel curia', the enlargement of a manse, or manor, or court, by tidcing in more land. Id. ibi

Lat. [from eligere, to choose.] Election; choice. Electio est interna, libera et spontanea separatio unius rei ab alia, sine compulsione, consistens in animo et voluntate; election

[L. Fr. eleccion; Lat. electio, from eligere, to choose.] Choice; election; selection. Election is where a man is left to his own free will, to take or do one thing or another, whi

pi. JElecH. [from eligere, to choose.] Chosen. UlecH, triati et jurati; chosen, tried and sworn. Cro. Ja/c, 119.

Lat. [from Gr. 'eX^i?fioa^yi^: Fr. almoigne,'] In old English law. Alms. Cowell, Inliberam elmnoiynam; in free alms; in frank almoign. Bract, fol. 27 b. See Frankalmoign,

Lat. [from eleemosyna, q. v.] The place in a religious house where the common alms were deposited, and thence by the almoner distributed to the poor. In old English, the aumerie, a

Lat. [from eleemosyna, q. v.] In old English law. An almoner, or distributer of alms. An officer in religious houses who received the eleemosynary rents and gifts, and in due metho

Relating to the distribution of alms, bounty or charity; charitable. ELEEMOSYNARY CORPORA-

Lat. In the civil law. Accurately. Ware,J.,3 5tory'«A611,636.

Lat. [from Wt^«re, to choose.] (He has chosen.) In practice. A writ of execution given by the statute of Westminster 2, (13 Edw. I.) c. 18, on jud^ents for debt or damages, or upon

In civil and old English law. To defeat an adversary's plea£ng. Bract. foL 399 b. Literally to crush or strangle.

Lat. [L. Fr. es Uer:\ To choose.

Lat. [from elisus, q. v.] A defeating or destroying.

Eslisors. [from Fr. eslier, to choose.] In practice. Electors or choosers. Persons appointed by the court to execute writs of venire, in cases where both the sheriff and coroner ar

[Lai.ulna,'] A measure of length, answering to the modem yard. 1 BL Com. 275.

Eloin, Eloine, Esloin. [L. Fr. eloigner, esloiner; L. Lat. elongare.] In practice. To remove, or send a great way off, (longum iter). F. N. B. 68, 69, 74. 3 Bl. Com. 148. Applied t

Alloigner. L. Fr. To eloign; to remove or carry to a distance. JShifftie; eloigned. See JEUngn, Al Ungner.

Lat. \irom elmgare,] In practice. Eloigned; carried away to a distance. The old form of the return made by a sheriff to a writ of replevin, stating that the goods or beasts had bee

Lat. [L.Fr.eloigne,] Eloigned. A return made by a sheriff to a writ de homine replegiando, stating that the party to be replevied has been eloigned, or conveyed out of his jurisdic

[from J?eZ^. er, marriage, and loopen» to run; or more probably from Sax. geleoran, (sometimes written ge Uopan,) to depart. Blount,] The voluntary departure of a wife from her hus

Lat. Spring tides. Toums. PL 197.

Lat. To issue or award. Emanate hrevia; to award writs. Towns, PI, 2S, Quia erronick emanavit; because it issued erroneously. Yelv, 83.

[Lat. emancipatio, from mancupare or mancipare, to sell.] In the Roman law. A setting free. The enfranchisement of a son by his father, which was anciently done by the formality of

[from Span. em5ar^ar, wiharagary to detain.] A detention of a vessel in port.* A prohibition to sail. Johnson, J.^ 2 Wheaton's R, 148. A restraint or prohibition imposed by the pub

In criminal law. The appropriation to one's own use or benefit, of property or money entrusted to him by another; such as the embezzlement by clerks, servants and agents, of their

[from Fr. emhler, to sow, or bled, hie, grain; emblavance de bled, com sprung up above ground.] TKe profits of sown land; the profits of the crop; growing crops of com or grain. 2

Fr. To sow. Si le lessee emblea la terre; if the lessee sow the land. Litt. sect. 68. To steal. Emble ou robbes; stolen or robbed. Britt. c. 4. Si le chival fuit emble hors de sa g

[L. Fr. embrasour; L. Lat. imbraciator.] In criminal law. One who practices or is guilty of embracery. One who labors a jury, or instructs them, or puts them in fear. Co, Litt. 369

In criminal law. The offence of attempting to influence a jury corruptly to one side, by promises, persuasions, entreaties, money, entertainments, and the like. 1 Hawk. P. C. 259.

Emendae. L. Lat. [from Fr. amende, emende.] Amends; that which is given in reparation or satisfaction for a loss, or trespass committed; (quod in restaurationem damni tribuitur.) S

[L. Lat. emenda.l An old word, still used in the accounts of the society of the Inner Temple, where so much in emendals, at the foot of an account, signifies so much in bank in the

Lat. [emendam solvere.] In Saxon law. To make amends or satisfaction for any crime or trespass committed; to pay a fine; to be fined. LL. Edw. Conf. c. 35. Spelman. Emendare se; to

Lat. [from emendare, q. v.] In old English law. Amendment, or correction. The power of amending and correcting abuses, according to certain rules and measures. Cowell. In Saxon law

Fr. Liable to amercement; amerciable. Britt. c. 21.

Lat. To arise; to happen. Bract, fol. 1 b, 109. Stat. Marlbr. c. 13. Novis injuriis emersis, nova constituere remedia; to ordain new remedies for new injuries that have arisen. Fle

[Lat. dominium eminens.] The inherent sovereign power of a state, which gives to the legislature the control of private property for public uses. 2 Kent's Com. 339, and note. The u

The old form of writing Impanel^ (q. v.) Cowell. Blount.

Fr. [from «i, in, and parke^ a pound; L. Lat. imparcare,'\ To impound. Britt. c. 21, 61.

[from Fr. enpar Ur, to speak together.] The old form of imparl^ (q. v.) as emparlance was of imparlance, (q. v.) Cowell. Blount. The ancient orthography is, in strictness, correct.

Fr. To impeach. L. Fr, Diet, See Impeach.

Emphyteom, Emphiteosis. Lat. [from Qr. i^gpvT«^a*ff, from ifupvxe<)sip, to plant, or improve land.] In the ciyil law. An improving lease; a contract (of the class termed consensual

Lat. [from emphyteusis, q. v.] In the civil law. The person to whom an emphyteusis is granted; the lessee or tenant under a contract of emphyteusis, Calvin's Lex, Jurid. 1 Mackeld,

Lat. [from Gr. emphyteutikos.] In the civil law. Founded on, growing out of, or having the character of an emphyteusis; held under an emphyteusis. 3 Bl. Com. 232. Calv. Lex. Jurid.

Enpire. L. Fr. To make worse. Britt, c. 54.

The old ^and strictly, the correct) form of Implead, (q. v.) from the Fr. emp Uder, (q. v.) Otherwise written Enpleet, CowelL

Enp Uder, L. Fr. To implead. Ne pleder ne estre emplede; neither to plead, nor to be impleaded. Britt, c. 33. See Id, c. 11. Ne emplederont ne serront empledes; shall neither imple

Fr. Imprisonment. Emprisonement par emprisons' ment; imprisonment for imprisonment. Britt, c. 25.

Enprompter, L. Fr. To borrow. Emprompt; borrowed; borrowing. Britt, c. 21.

Emtio, Lat. [from emere, to buy.] A buying or purchase. Calv, Lex, Jur, Bract, fol. 61 b.

Lat. Purchase and sale; sometimes translated emption and vendition. The name of the contract of sale in the Roman law. Inst, 3. 24. Bract, fol. 61b. Heinecc, Elem, Jur, Civ, lib. 3

Lat. [from emere, to buy.] A buyer or purchaser. Emptor tenetur venditori ad pretium, et venditor emptori, e converso, ad ipsam rem tradendam; the buyer is bound to the seller for

In English law. The statute 32 Hen. VIII. c. 28, by which tenants in tail, husbands seised in right of their wives, and persons seised of an estate of fee simple in right of their

Fr. Hereafter; afterwards. L. Ft. Diet.

Fr. In time past. Stat, de Judaismo. 2 Inst 506. EN AUTRE (AUTER) DROIT. L.Fr. In another's right. 2 Bl. Com. 117.

Fr. To water, (as cattle.) Britt. c. 61.

Fr. To write down in short; to abbreviate, or, in old language, imbreviate; to put into a schedule. Bntt. c. 1. See Jmbreviare.

Enceynt, Ensient. L. Fr. Pregnant; with child. Enceynte de enfauni. Britt. c. 24.

Fr. To confine; to put mto the stocks (?) Britt. c. 49;