Estreat
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[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 amercements.* A forfeited recognizance taken out, (estreated, i. e. extracted) from among the other records of the court, and sent or returned to the court of exchequer to be prosecuted. 4 BL Com. 263. This last is the modem meaning. Anciently, in the English court of common pleas, aiter the amercements had been entered on record, which was done without assessing any sum, the clerk of the warrants made the estreats, (that is, extracts or copies from the record,) and delivered them to the clerks of the assize, by whom they were delivered to the coroners to affeer the amercements. See Affeer. After the coroners had affeered or assessed the amercements, they were delivered back through the same channel to the clerk of the warrants, and then the rolls of the estreats, thus completed, were carried into the exchequer. F. N. B. 75 I. K. 76. Fitzherbert explains these proceedings in detail, and gives a form of the estreat. Id. ibid. See Stat 3 & 4 WilL IV. c. 99.