Estreat

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 officers, authorized and required to collect them. Pitzh. Nat. Brev. 57, 76. A forfeited recognizance taken out from among the other records for the purpose of being sent up to the exchequer, that the parties might be sued thereon, was said to be estreated. 4 Bl. Comm. 253.

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 officers authorized and required to collect them. Fitzh. N. B. 57, 7G. A forfeited recognizance taken out from among the other records for the purpose of being sent up to the exehciuer, that the parties might be sued thereon, was said to be estreated. 4 Bla. Com. 253.

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., imposed or taken by that court upon or from the accused, are set down, and which are to be levied by the bailiff or other officer of the court. Cowell; Brown. A forfeited recognizance token out from among the other records for the purpose of being sent up to the exchequer, that the parties might be sued thereon, was said to be estreated. 4 Bl. Comm. 253. And see Louisiana Society v. Cage, 45 La. Ann. 1394, 14 South. 422.

v. To take out a forfeited recognizance from the records of a court, and return it to the court of exchequer, to be prosecuted. See Estreat, n.

In English law. To take out a forfeited recognizance from the records of a court, and return it to the court of exchequer to be prosecuted.

n. (From Lat. exitractum.} In English iaw. A copy or extract from fne book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, ete., imposed or taken by that court upon or from the accused, are sel down, and which are to be levied by the bailiff or other officer of the court. Coweil: Brown, A forfeited recognizance taken out from among the other records for the purpose of being sent up to the exchequer, that the parties might be sued thereon, was said to ba estreated. 4 Bl. Comm. 253.

* An extract or copy of an original writing or record, — especially of a fine or amercement, certified to and to be levied by an officer. A recognizance is " estreated " when forfeited by failure of the accused to comply with the condition, as by failure to appear: it is then " extracted," that is, taken from among the other records and sent to the exchequer, the party and his sureties having become, by breach of the condition, the king's absolute debtors."

A copy or extract from a record. A forfeited recognizance estreated [extracted] from the records to be prosecuted.

[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.

This term is used to signify a true copy or note of some original writing or record, and specially of fines and amercement imposed by a court, and eztracted from the record, and certified to a proper officer or officers authorised and required to collect them. Vide