The Cyclopedic Law Dictionary

It was an old custom that, upon certain feasts, some lay person should plait his hair, and put on the garments of a bishop, and in them pretend to exercise episcopal jurisdiction,

A letter or epistle. Calv. Lex. An instrument in writing for the conveyance of lands, or the assurance of contracts. Spelman. EPISTOLAE (Lat.) In civil law. Rescripts; opinions giv

or EPOCHA. The time at which a computation is begun; the time whence dates are numbered. Enc. Lond.

Likeness in possessing the same rights, and being liable to the same duties. See 1 Tou Uier, Dr. Civ. notes 170, 193.

The guaranty of "equal protection of the laws," used in the fourteenth amendment to the Constitution of the United States, means that no person or class of persons shall be denied

A knight. Used chiefly in heraldry; miles, being the technical legal term. 4 Inst. 5.

An equal. It is mentioned in Simeon Dunelra, A. D. 882. Jacob.

Such assets as are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of "legal assets." Those portions of the property which,

An assignment giving to the assignee a right enforceable only in equity. The term is now commonly applied to constructive assignments, though such are now generally enforceable a c

A liberal construction, designed to reach the equities of the particular case.

See "Conversion."

A defense available only in equity, e. g., duress in defense to a contract. In all states where codification prevails, the distinction between legal and equitable defenses is aboli

A right or Interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court

An interest which although lacking in the characteristics of a legal estate, the owner may enforce in a court of chancery. 82 111. 249.

One which a court of chancery recognizes, as distinct from strictly legal rights. 99 111. App. 243. A lien such as exists in equity, and of which courts of equity alone take cogniz

A lien upon real estate of such a character that it is recognized in equity as a security for the payment of money, and is treated as a mortgage. A transaction to which equity atta

In old English law. Needful equipments for riding or travehng.

Where a class of cases is not within the words of a statute, but it is patent that it would have been included had it been within the mind of the legislature, it is included by con

A right ■which the mortgagee of an estate has of redeeming it after it has been forfeited at law by the nonpayment, at the time appointed, of the money secured by the mortgage to b

The right of a wife, in an action by her husband to reduce to his possession an equitable estate falling to her, to have the court inquire into the circumstances of the marriage, t

Of the same value. Some times a condition must be literally accomplished in forma speeifica; but some may be fulfilled by an equivalent, per aequipollen Sj when such appears to be

Having a double sense. In the construction of contracts, it is a general rule that, when an expression may be taken in two senses, that shall be preferred which gives it effect. Se

The followers of Erastus. The sect obtained much influence in England, particularly among common la-wyers in the time of Selden. They held that offenses against religion and morali

The obliteration of a writing, or part thereof. It will render it void or not under the same circumstances as an interlineation. See 5 Pet. (U. S.) 560; 11 Coke, 88; 4 Cruise, Dig.

In civil law. Undertakers of work; contractors. Code, 4, 59.

In the Brehon law. A pecuniary satisfaction or recompense, correspending in some degree with the weregild of the Saxon law, which a party guilty of murder was condemned to pay to t

The gradual eating away of the soil by the operation of currents or tides. 100 N. Y. 433. It is distinguished from submergence (q. v.), and opposed to alluvion (q. v.)

In medical jurisprudence. A name given to a morbid activity of the sexuar propensity. It. is a disease or morbid affection of the mind, which fills it with a crowd of voluptuous im

See "Mistake." ERROR FUCATUS NUDA VERITATE in multls est probabllior, et saepe numero rationbus vincit veritatem error. Error artfully colored is in many things more probable than

WRIT OF. See "Writ of Error." ERRORES AD SUA PRINCIPIA REF-

Error of law is injurious. See 4 Bouv. Inst, note 3828; 1 Story, Eq. Jur. § 139, note.

si de identitate rei constat. Mistake in the name never injures, if there is no doubt as to the identity of the thing. 1 Duer, Ins. 171.

APPRObatur. An error not resisted is approved. Doctor & Stud. c. 70. ERROR SCRIBENTIS NOCERE NON debet. An error made by a clerk ought not to injure; a clerical error may be correc

A phrase appended to an account stated, in order to excuse slight mistakes or oversights. Often written "E. & 0. E.," meaning errors and omissions excepted.

When a person is truly acquainted with the existence or nonexistence of the facts, but is ignorant of the legal consequences, he is under an error of law. 1 Wend. (N. Y.) 360.

In old English law. A meeting of the neighborhood to compromise differences among themselves, a court held on the boundary of two lands. ERUBESCIT LEX FILIOS CASTIGARE parentes. Th

Cutting off branches or boughs in forests, etc. Hov. Ann. 784.

To scald. It is said that to scald hogs was one of the ancient tenures in serjeanty.

In old English law. A writ granting power to an English merchant to draw a bill of exchange on another who is in a foreign country. Reg. Orig. 194.

Exchange, (q. v.)

From Bodily Harm. The ancient doctrine of the common law that the right of self-defense did not arise until every effort to escape, even to retreating until an impassable wall or s

A warrant Issued in England against a person who, being charged in custody in the king's bench or Fleet prison, in execution or mesne process, escapes and goes at large. Jacob.

Delivered from that punishment which, by the laws of the forest, lay upon those whose beasts were found upon forbidden land. Jacob. ESCAPIUM (Law Lat.) An escape. Reg. Grig. 312. T

A measure of corn. Cowell. ESCHAETAE VULGO DICUNTUR QUAE decidentlbus lis quae de rege tenent, cum non existit ratione sanguinis haeres, ad fiscum relabuntur. Those things are comm

WRIT OF. A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 164b; Fitzh. Nat. Brev. 143; Termes de la Ley; 2 Bl. Comm. 245;

The name of an of Scer whose duties are generally to ascertain what escheats have taken place, and to prosecute the claim of the sovereign for the purpose of recovering the escheat

A jury or inquisition. Matt. Par.

To build or equip. Du Cange.

In Spanish law. The public officer who is lawfully authorized to reduce to writing and verify by his signature all judicial acts and proceedings, as well as all acts and contracts

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 sealed with the seal of the kin

The delivery of a deed or other instrument (31 111. 538), actually executed and ready for delivery -(42 Wis. 440) to a stranger to the instrument (13 Ohio St. 254), to be by him de

In old English law. An escrow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, § 9; Id. c. 2, §§ 137, 138.

In old English law. Service of the shield. Tenants who hold their land by escuage hold by knight's service. 1 Thomas, Co. Litt. 272; Litt. § 95, 86b.

Tackle or furnitute; outfit. Certain towns in England were tackle. The modern word "outfit" would seem to render the passage quite as satisfactorily, though the conjecture of Cowel

or ESKIPPARE. To ship. Kelham; East. Entr. 409.

Shippage, or passage by sea. Spelled, also, "skippeson." Cowell.

See "Elisors."

In old law. A hireling of servile condition.

Eldership. In the English law, this word signifies the right which the eldest coparcener of lands has to choose one of the parts of the estate after it has been divided.

The period fixed by a competent judge within which a party is to do certain acts, as, e. g., to effect certain payments, present documents, etc.; and more especially the privilege

Spurs. 7 Coke, 13.

The products which the land or ground yields; as, the hay of the meadows, the herbage of the pasture, corn or other produce of the arable, rents and services. Termes de la Ley. See

A mutual promise between 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. ESPURIO (Span

A title applied by courtesy to officers of almost every description, to members of the bar, and others. No one is entitled to it by law, and therefore it confers no distinction in

Assarted or cleared woodland.

A stipulation is said to be "of the essence of the contract" when a strict compliance with its terms is essential to due performance. ESSENDI QUIETAM DE THEOLONIA (Lat. of being qu

or ESSOIGN. In old English law. An excuse for not appearing in court at the return of the process; presentation of such excuse. Spelman; 1 Sellon, Prac. 4; Comjm, Dig. "Exoine" (B

Formerly, the first day In the term was essoin day; now practically abolished. Dowl. 448; 3 Sharswood, Bl. Comm. 278, note.

When the defendant is in court the first day, but gone without pleading, and being afterwards surprised by sickness, etc., cannot attend, he may send two essoiners, who openly prot

or ESSOINEOUR. An essioner. One who was sent to present an excuse for another. 1 Reeve, Hist. Eng. Law, 116, 118.

The roll containing the essoins and the day of adjournment. Roscoe. Real Actions, 162 et seq.

The custom of the place Is to be observed. 4 Coke, 28b; 6 Coke, 67; 10 Coke, 139; 4 C. B. 48. CONSUETUDO MANERII ET LOCI OBservanda est. A custom of a manor and place is to be obse

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

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

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

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

In Spanish law. The time for which the party who has chartered a vessel, or is bound to receive the cargo, has to pay demurrage on account of his delay in the execution of the cont

etiam si licet; quicquid vero non licet certe non oportet. There are some things which are not proper, though lawful; but certainly those things are not proper which are not lawful

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 Greenl. Cruise, Dig. 615. See "Statute Me

An estate In pledge.

The quantum and duration of proprietary rights in lands, tenements, and hereditaments; the theory of the common law being that the tenant or owner is entitled to an estate in the l

QUASI. When a tenant for life grants his estate to a man and his heirs, as these words, though apt and proper to create an estate tail, cannot do so, because the grantor, being onl

See "Condition."

The preclusion of a person from asserting a fact by previous conduct, inconsistent therewith, on his own part, or the part of those under whom he claims, or by a solemn establishme

An animal of value, not wild, found wandering from its owner; cattle whose owner is unknown. 2 Kent, Comm. 359. It is essential (1) that the animal should be by its nature tame or

A true copy or note of some original writing or record, and especially of fines and amercements imposed by a court, extracted from the record, and certified to a. proper officer or

Straightened, as applied to roads. Cowell.

To strip; to commit waste, ESTREPEiVIENT. A common-law writ for the prevention of waste. The writ lay a,t common law to prevent a party in possession from committing waste on an es

Abbreviation of et alius, or alium, and another. Et als., abbreviation of et alios, and others. Abbreviations used in entitling causes where there are two or more parties. ET ALII

(Lat. et sequentia, and following). Ordinarily used with a reference to the first of several consecutive pages or chapters desired to be cited, as "page 246 et seq." ET SIC (Law La

And so to judgment, Y. B. T. 1 Edw. II. 10. ET SIC AD PATRIAM (Law Lat. and so to the country). A common phrase in the Year Books, in recording an issue to the country. II ne dona

Possessions of the church. Blount.

NGN est aequum et bonum ob earn rem condemnari; delicta enim nocentium nota esse oportet et expedit. It Is not just and proper that he who speaks ill of a bad man should be condemn

Equal laws and a well-adjusted constitution of government.

A male whose organs of generation have been so far removed or disorganized that he is rendered incapable of reproducing his species. Domat, Civ. Law, liv. prel. tit. 2, § 1, note 1

Every was formerly spelt "everich," that is, ever each, and the true meaning is "each one of all." 2 De G. F. & J. 172.

Depriving a person of the possession of his lands or tenements. Technically, the dispossession must be by judgment of law; if otherwise, it is an ouster (32 Iowa, 71), but in moder

That which tends to prove or disprove any matter in question, or to influence the belief respecting it. Belief is produced by the consideration of something presented to the mind.

CIRCUMSTANTIAL. See "Circumstantial Evidence."

CONCLUSIVE. See "Conclu-