A New Law Dictionary and Glossary

Fr. Smothered. Kelham. Famished, choked. L. Fr, Diet, But qucere.

Fr. Exchange. Britt, c. 54. Eschaunges a la vaillaunce; exchanges to the value. Id, c. 75.

[L. Fr. eschete, escket, from esekier, eschoir, to fall or happen; L. Lat. esckasta, escceta, A falling or happening.] In feudal and English law. The fa Uing (falling back or rever

In American law. Thereverting of land to the state, on the death of the owner without lawful heirs.* 4 Kent's Com. 423, 424. See Forfeiture. See U, S, Dig, db Supplement, Escheat.

Writ of. [L. Lat. breve de eseata; L. Fr. briefs d'eschete.] A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Beg. Grig. 164 b. F. N

In American law. An officer appointed to take charge of escheated estates, sometimes termed escheator general. Purdan's (Pa.) Digest, 342. Bev, Code of Mississippi, 1824. 4 Kent's

Fr. Exchequer. Envoyes a nostre escheker; sent to our exchequer. Britt. c. 26.

Fr. Exchequer. Artie, sup. Chart c. 4.

Fr. [from escheir, q. v.] Escheat; an escheat. De eschetes que nous duissent eschier par la felonie des felons; of escheats which ought to fall to us by the felony of felons. Britt

J^schire, L. Fr. To fall or happen; to fall to; to descend; to escheat. BritL c. 18. See Uschete, Heritage que eschire lour purra; inheritance which may fall to them. Britt. c. 5.

Eschure, Eschever. L. Fr. To shun or avoid; to eschew. Kelham. Pur eschuer grand delayes, Reg. Orig. 19 b, nota. Pur eschure la perilouse aventure de battailles; for avoiding the p

Fr. False accusation; calumny; slander. Britt. c. 22.

Fr. Notorious; proclaimed» publicly declared. Felons eseries; notorious felons. Stat. Westm. 1, c. 12.

Escrit. L. Fr. Writing; a writi Dg; a written instrument. Mettre en escript; to put in writing. Britt. fol 1. En escript, issint que lescript soit endente; in writing, so that the

Escrowe, Escrovet. L. Fr. «k Eng. A scroll, (scrowl, scrole) or writing; (Lat. scriptum, schedula;) a mere writing^ as distinguished from a perfect deed.* Britt. c. 71. l Att. sect

Fr. [from escu, a shield; L. Lat. scutagium, q. v.] In old English law. A species of military or knight-service; (service of the shield;) or rather an incident to the tenure by kni

Lat. In old English law. Tackle or furniture of ships; skippage. Claua. 1 Edw, I. cited in CowelL

Lat. In old English kw. To ship. Toums. PL 223. Bast. Entr. 409.

Eskepper, Escepper. L. Fr. To ship. L. Fr, Diet. Kelham.

Fr. [irom eskipper. q. v.] Shipping or passage by sea. CowelL

Fr. To choose. Litt. sect. 58. Eslieus, eslus; chosen. Stat. Westm. 1, c. 10. Britt. fol. 2. Id.d.

[from Fr. eslier, q. v.] Electors, or choosers. More commonly written elisors, (q. v.)

Fr. To remove or eloign, (q. v.) To put off or adjourn. Kelham.

[L. Fr. aisnesse; L. Lat. aesnecia, eisnetia, enitia pars, dignitas primogeniti.] In old English law. The privilege of the eldest. A privilege or prerogative granted to the eldest

Lat. In old English law. To expeditate or disable dogs. CowelL See Expeditate.

Fr. <k Eng. [L. Lat. expletia, from explere, to fill up.] In old practice. Full profits of land. The full profits or products which ground or land yields, as the hay of the meadows

[L. Fr. esposailles; Lat. sponsalia.] The contract, or mutual promise between a man and a woman, to marry each other. Wood's Inst. 57. The ceremony of betrothing.

Esquier. [L. Fr. eseuier. from escu, a shield; L. Lat. scutifer, armi" ger,] A knight's attendant, who waited on him in time of war, and bore his shield, or armor. Spelman, voc. Ar

[L. Lat. essartum, esartum, exartum.] Woodland turned into tillage, by uprooting the trees, and removing the underwood. Spelman, voc. Essartum. Commonly written assart, (q. v.)

Fr. To cut down woods, to clear land of trees and underwood; properly to thin woods, by cutting trees, &c. at intervals. Spelman voc. Essartum.

Lat. [infinitive of sum, I am.1 To be; being. Although a verb, this word is often used in law Latin as a substantive, and governed by a preposition; as in the phrases ad esse, de e

ESSENDL L.Lat. Being; of being. A barbarous gerund formed from the verb sum, esse, to be. See infra.

Essoign. [L. Fr. essoins, essoyne, ezoine, asoyne, assoigne; L. Lat essonium,exonium, from Fr. essonier, (which from ex, priv. and soign, care), to excuse, to relieve from care; or

In English practice. 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

In English practice. A roll upon which essoins were formerly entered, together with the day to which they were adjourned. Boote's Suit at Law, 57. Roscoe's Real Act. 162, 163. Gilb

Lat. In old English practice. To essoin; to present an excuse or essoin to a court. Spelman. Bract. fol. 340, et seq. Essoniator; an essoiner; a person sent to essoin another, or p

Lat. (I essoin.) In old English practice. The commencement of the old formula of essoining. Bract, fol. 343 b. See To Essoin.

Exonium, Exonia, Sonium. L. Lat. In old English law and practice. An essoin; an excuse for not appearing in court. Spelman. Bract, lib. 5, tract. 2, De Essoniis. 2 Inst. 125. See E

Fr. [Lat. constituere.] In old English law. To establish or ordain as a law. Establie est; it is ordained. Stat. Gloc. c. 7. To fix or settle, as dower. Estably; fixed or settled.

Fr. [from Establir, q. v.] An establishment or ordinance; an act or statute. Ceux sont les establissements le Roy Edward; these are the establishments (acts or ordinances) of King

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

Fr. [L^i. sciendum est^ It is to be understood or known; "it is to wit." Liu, sect. 9, 45, 46, 57, 59. A very common expression in Littleton, especially at the commencement of a se

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

See Klegii.

See Statute merchant.

A species of life estate to which a man is by law entitled, on the death of his wife, in the lands or tenements of which she was seised in fee during the marriage, provided he had

A freehold estate, not of inheritance, which a man has, to hold for the term of his own life, or for that of any other person, or for more lives than one. 1 Steph. Com. 239. — A fr

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 accruing under the same title, but at different periods; or conferred by words of

An estate acquired by two or more persons, (usually females,) by descent from the same ancestor.* 2 £1. Com. 187. 1 Steph. Com. 819. Cruise Dig. tit. xix. See Coparcenary. See 4 Ke

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

Ancstate where the right to the pernancy of the profits is postponed to some future period. Cruise Dig. tit. xvi. chap. 1. sect. 1.

A species of estate of inheritance which a man has, to hold to him and his heirs general, that is, his heirs whether lineal or collateral, male or female; and which is often called

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. Com, 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 £1. Com. 180. 2 Crabb'8 Real Prop. 937. Cruise D

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

An estate limited to take effect, and be enjoyed, after another estate is determined. 2 Bl. Com. 163. Cruise Dig. tit. xvi. ch. 1. sect. 2. 2 Crabb's Real Prop. 969, § 2328. An est

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

An estate k gage, or pledge. 2 BL Com. 167. 1 St^ph. Com. 282. See Mortgage.

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 t

Estate for another's life. An estate in lands which a man holds for the life of another person. 2 Bl. Com, 120. Litt. sect. 66.

In Enff. lish law. The lords spiritual, the lords (487) EST temporal, and the commons of Great Britain. 1.SZ. Com. 158. 2 Steph. Com. Zb^.

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

Estatut. L. Fr. A statute. Solonez les estatutes de Wyncester; according to the statutes of Winchester. Britt. c. 12. En nos estatutz de Westminster. Id. c. 14.

Fr. To extend, or lay out. £ritt. c. 71. See Extend. Estmdu; extended. Id, c. 53. Estendour; an extender. Id. c. 71.

Fr. Extent; the laying out of lands. £ritt. c. 71.

Sterling. [L. Lat. esterlingus, sterlingus.] The silver penny of England, (denarius argenteus.) Spelman, voc. Esterlingus. See Denarius. Good money, (moneta proba), as distinguishe

[L. Fr. estopper; L. Lat. oppilare, obstare, obstipare.] To stop, bar, or impede; to prevent, to preclude. Co. Litt. 352 a. See Estoppel.

In pleading. A plea, replication or other pleading, which, without confessing or denying the matter of fact adversely alleged, relies merely on some matter of estoppel as a ground

Estoper. L. Fr. To stop, or obstruct, as by damming up a stream. De ewes estqppes; of water courses stopped. £ritt. c. 29. EKT (438)

Fr. & Eng. [L. Lat. estoverium.] An allowance made to a person. See Estoverium. The plural only (estovers,) is now used. See Estovers.

Lat. In dd English law. An estover; an allowance made to a person out of an estate, or other thing, for his or her support. An allowance of wood {in boseis) made to a tenant in dow

Fr. To furnish, or supply. Britt c. 103. To be necessary. Id. c. 75.

Fr. h Eng. [L. Lat. estoveria, and more anciently estoverium; from Fr. estouver, or estover, to furnish, supply or maintain.] An allowance made to a person out of an estate, or oth

Estoier, Estere, Ester. L. Fr. [f rom Lat. «tor<;.] To stand, to stand good; to stand to, or abide. Kelham. Estoyse le primer jugement; the first judgment shall stand. Britt. c. 10

Fr. A stranger. Britt. c. 12.

pL. Fr. estraye, estrayeur; L. Lat. extrahura, from extra, without.] Any thing out of its place, especially an animal that has escaped from its owner, and wanders or strays about;

[L. Fr. e^Wete; L. Lat «(trac Hm^ In practice. A true copy or duplicate of an original writing. Cowell. An extract from the rolls or records of a court, especially records of amerc

Estreyt. L. Fr. [from Lat. strictus.] Straitened; contracted; narrowed. De ewes estoppes ou estreites; of water courses stopped or narrowed. Britt. c. 29. Strict; limited. Id. c. 5

Estrepemenium. L. Lat. In old English law. Estrepement; a destructive kind of waste committed by a tenant for life or years in lands, woods or houses. Spelman. Beg. Grig. 76 b, 77.

Fr. [from Fr. estropier, to mutilate, or Lat. extirpare, to root up.] To strip or lay bare, as trees of their branches, or land of wood, houses, &c. To commit waste or spoil in lan

Estrepment L. Fr. & Eng. [L. Lat. estrepamentum; from Fr. estrepe, or estropier, to mutilate; or Lat. extirpare, to root up, or utterly destroy.] Spoil made by tenant for life upon

Fr. An extract. Britt. c. 26. See Estreat.

Estreytement. L. Fr. Strictly; closely. Britt. c. 100, 104. ET. Lat.<fe Fr. And. See Calv. Lex. Jur.

Lat. 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 Eeb. 692, 754, 773. Cr

(Abbreviation of Et alius or alium.) Lat. And another. ET ALS. (abbrev. of Et alios.) And others. Abbreviations often used in entitling causes^ where there are two or more plaintif

Lat. 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 t

Lat. And thereupon, (or thereof,) he produces suit. A formula used at the conclusion of declarations, from a very early period, to express the fact that the plaintiff produced to t

Lat. And now at this day. Words anciently used (as the corresponding English words still are) in entering continuances on record; expressive of the day of appearance of the parties

Lat. And not. Words sometimes anciently used m pleading, instead of absque hoc, (q. v.) ET PR^DICTUS A. SIMILITER. L. Lat. And the said A. likewise. The Latin form of the similiter

Lat. And so. The commencement of a formula, (as, et sic nil debet, et sic non est factum,) formerly used as a special conclusion to a plea in bar, in order to render it positive, a

Lat. And so it han^. A term used in the old reports to Bijniify that a point was left undetermined. T. Baym. 168.

Breve. L. Lat In old English law. A writ of being quit of toll. A writ which anciently lay for citizens and burgesses of a city or town, which by charter or prescription was entitl

Ewangelies, L. Fr. The gospels; or evangelists. Posaunt les Euangelies; laying hands on the gospels. Britt. c. 52. Jurer sur seyntz Evangelies de Dieu; to swear upon the Holy Evang

'Emeixe^tt, Gr. [from inl, and Mix<a, to be like.] Equity, equality; the fitting, adapting or adjusting of one thing to another, (convenientia.)* Calvin^s Lex. Jur. See Equity. Eni

Lat. [from evadere, to escape.] In old practice. An escape from prison or custody. Reg. Orig. 312.

Lat. [from evenire, to come out, or come from.] An event; a thing which happens from a cause. Eventus est qui ex causa sequitur, et dicuntur eventus quia ex causa eveniunt; an even

Fr. York. l Ug. Orig, 76 b, regula. Probably shortened from the Lat. Eboracum, Eborac, Evorae,

Euesche. L. Fr. A dio- Britt, c. 107.