Estrepement

A common-law writ for the prevention of waste. The same object being attainable by a motion for an injunction in chancery, the writ became obsolete in England, and was abolished by 3 & 4 Will. IV. c. 27. The writ lay at common law to prevent a party In possession from committing waste on an estate the title to which was disputed, after judgment obtained in any real action and before possession was delivered by the sheriff. Iiut, as waste might be committed in some cases pending the suit, the statute of Gloucester gave another writ of estrepement pendente placito, commanding the sheriff firmly to inhibit the tenant "ne faciat vastum vel strepementnm pendente placito dicto indiscusso." By virtue of either of these writs, the sheriff may resist those who commit waste or offer to do so; and he might use sufficient force for the purpose; 3 Bla. Com. 225, 226. The writ was sometimes directed to the sheriff and the party in possession of the lands, in order to make him amenable to the court as for a contempt in case of his disobedience to the injunction of the writ. At common law the process proper to bring the tenant into court is a venire facias, and thereon an attachment. i'i">!i the defendant's coming in, the plaintiff declares against him. The defendant usually pleads "that he has done no waste contrary to the* prohibition of the writ." The issue on this plea is tried by a jury, and in case they find againsl the defendant they assess damages which the plaintiff recovers. But, as this verdict convicts the defendant of a contempt, the court proceed against him for that cause as in other cases; Co. 2d Inst. 329; Rast 317; 1 B. & P. 121; 2 Lilly, Reg. Estrepement; 5 Co. 119; Reg. Brev. 76. In Pennsylvania, by statute, the remedy by estrepement is extended for the benefit of any owner of lands leased for years or at notice given to the tenant to leave the same, agreeably to law; or for any purchaser at sheriff or coroner's sale of lands, etc., after he has been declared the highest bidder by the sheriff or coroner; or for any mortf or judgment-creditor, afb by such Judgment or mortgage shall have been condemned by inquisition, or whicl l-e subject to be sold by a writ of venditioni exponas or b vari fa. Abr. 407; Woodf. Landl. & T. 447;.. PL 17; 7 Com. Dig. 659; Irwin v. Covode, 2 162; Byrne v. Boyle, 37 Pa. 2 ET ADJOURNATUR (Lat). And it journed. A phrase used in the ol where the argument of a cause was adjourned to another day, or where a second argument was had. 1 Keh. Gf)2, 754. ET ALIUS (Lat). And another. The abbreviation et al., s< ' 'times in the plural written et als., is affixed to the name of the first plaintiff or defendant, in entitling a cause, where there are several joined as plaintiffs or defendants. On an appeal from a judgment In favor of two or more parties, a bond payable to one of the appellees et al. will be good; Conery v. Webb, 12 La. Ann. 282. But where a summons should state the parties to the action, the name of one followed by the words et al. is not sufficient; Lyman v. Milton, 44 Cal. 630. ET C/ETERA (Lat). And others: and other things. See Lathers v. Keogh, 39 Hun (N. Y.) 576; Agate v. Lowenbein. 4 Daly (N. Y.) 62. The addition of the abbreviation etc. to some minor provisions of an agreement for a lease does not introduce such uncertainty as to prevent a decree for specific performance where the material points are clear; 2 De G. & J. 559; but such an agreement "for letting and taking coals, etc.," was too indefinite a statement of the natter of the agreement to admit of such a decree; 1 De G. M. & G. 80; an agreement "to do all the painting, papering, repairing, decorating, etc., during the term of the lease" was not so uncertain as to prevent a specific performance; 21 L. J., Under a bequest of "all her household furniture and effects, plate, linen, china, hooks, wearing apparel, etc.," it was claimed that the testatrix had disposed <>f the general residue of her estate, but she was held by Komilly, M. R., to be intestate cept as to the articles specified in the will and those which are ejvsdem generU Beav. 220; and the same judge held the words good-will, etc., in a contract, to include "such other things as are necessarih nected with and belong to the good-will,... for instance, the use of trade-marks." and a covenant not to engage in similar business in Great Britain for a reasonable "All these things would be included in the words et cccteraf 28 L. J. Ch. 212; "all my furniture, etc.," passed only property ejusdem generis and not shares of a waterworks company; L. R. 11 Eq. 363; a bequest to his widow of "all my money, cattle, farming implements, etc., she paying" certain sums named to testator's two brothers, was sufficient to make the widow residuary legatee of real and personal estate, the latter being insufficient to pay debts; Jessel, M. R., L. R. 4 Ch. Div. 800. The abbreviation etc. was formerly much used in pleading to avoid the inconveniences attendant upon making full and half defence. See Defence. It is not generally to be used in solemn instruments; see Com. v. Ross, 6 S. & R. (Pa.) 427; when used in pleadings to avoid repetition, it usually refers to things unnecessary to be stated; Dano v. R. Co., 27 Ark. 5G4. Where the sense of the abbreviation may be gathered from the preceding words there is sufficient certainty; but where the abbreviation cannot be understood and affects a vital part of the contract or instrument' the uncertainty will be fatal. See Hayes v. Wilson, 105 Mass. 21; Gray v. R. Co., 11 Hun (N. Y.) 70; Ejusdem Generis. ET DE HOC PONIT SE SUPER PATRI- AM (Lat). And of this he puts himself upon the country. The Latin form of concluding a traverse. See 3 Bla. Com. 313. ET HOC PARATUS EST VERIFICARE (Lat). And this he is prepared to verify. The form of concluding a plea in confession and avoidance; that is, where the defendant has confessed all that the plaintiff has set forth, and has pleaded new matter in avoidance. 1 Salk. 2. ET HOC PETIT QUOD INQUIRATUR PER PAT R I AM (Lat). And this he prays may be inquired of by the country. The conclusion of a plea tendering an issue to the country. 1 Salk. 3. ET INDE PRODUCIT SECTAM (Lat). And thereupon he brings suit. The Latin conclusion of a declaration, except against attorneys and other officers of the court 3 Bla. Com. 295. ET M0D0 AD HUNC DIEM (Lat). And now at this day. The Latin form of the commencement of the record on appearance of the parties. ET NON (Lat). And not These words are sometimes employed in pleading to convey a pointed denial. They have the same effect as "without this," absque hoc. 2 Bouvier, Inst., 2d ed. n. 2985, note. ET SIC AD PATRIAM (Lat). And so to ET UXOR TLat. and wife). Used to show that the wife of the grantor is a party to the deed. The abbreviation is et ux.

A species of aggravated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession.

— Estrepement, writ of. This was a common-law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land committed by the latter. As it was only auxiliary to a real action for recovery of the land, and as equity afforded the same relief by injunction, the writ fell into disuse.

estrepment, l. fr. and eng. Spoil made by a tenant for life, on lands or woods, to the prejudice of the reversioner, as by usage contrary to good husbandry, or by cutting down trees, or lopping them further than the law will allow; an aggravated kind of waste committed in lands, woods, or houses, by a tenant for life or years, and especially during the pendency of a suit to recover possession.

<A species of aggravated waste, by stripping or devastating the land, to the injury of the revyersioner, and especially pending a suit for possession.

i" Permanent injury, destruction; waste. 1 F. estoffer, to furnish, maintain. 'See 1 Bl. Com. 441; 2 id. 35; Van Rensselaer ti. EadclifE, 10 Wend. 639 (1833); Livingston v. Keteham, 1 Barb. 592 (1849). 'F. estraier, to wander: rove about the streets or ways: estree: L. strata, a street, way,

— Skeat. I... L. extravagare: L. extra, on the outside, without; vagare, vagari, to wander, rove. « Shepherd v. Hawley. 4 Oreg. 208 (1871), Prim, C. J.: Burrill's Law Diet. ^^ 5 Roberts v. Barnes, 27 Wis. 425 (18Ji), Dixon, C. J. » 1 Bl. Com. 297. ' Seel Bl. Com. 297-98; 2 id. 14jl Kent, 359; 18 Hck. 426; 133 Mass. 39; 27 Conn. 473; #Iowa, 437; 60 Md. 88; 39 Mich. 451; 69 Mo. 305; 83 N. of 175; 14 Tex. 430. » F. estrait: L. ex-trahereit4 draw out, extract. 94 Bl. Com. 253. io Es-trep6. F. estreper to destroy, strip; L. ex-tir "Writ of estrepement. This lay at common law, after judgment in a " real " action, and before possession was delivered by the sheriflf, to stop any waste which the vanquished party might be tempted to commit. Now, by an equitable construction of the statute of Gloucester, 6 Edw. I (1380), c. 13, and in advancement of the remedy, a writ of estrepement, to prevent waste, may be had in every stage, as well of such actions wherein damages are recovered, as of those wherein only possession is had; for, peradventure, the tenant may not be able to satisfy the demandant his full damages. It is, then, a writ of preventive justice. * The same object being attainable by injunction, the writ became obsolete in England, and was impliedly abolished by Stat. 3 and 4 Wm. IV (1834), o. 37, § 36. In Pennsylvania, after an action in ejectment has been begun, the plaintiff may have the writ to prevent destruction of the premises: he having first given a bond, with sureties, conditioned to indemnify the defendant against damage. The court hears the parties in a summary manner, and makes such order as seems just; and it may order an inspection of the premises.*

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 any laads or woods, to the prejudice (tf the reversioner, as by drawing out the heart of the land by ploughing or sowing it continually, without manuring, or other such usage as is requisite in good husbandry; or by cutting down trees, or lopping them further than the law will allow. Cowell, Blount. Called in the old books strip. F. J\r. B. 60, 61. An aggravated kind of waste {ffravius vasti genua,) committed in lands, woods, or houses by a tenant for hfe or years, and especially during the pendency of a suit to recover possession; as by cutting down trees, destroying houses, &c., to the prejudice of the reversioner.* The etymology of this word, as well as its precise meaning, does not seem to be expressed with much clearness in the books. Practically, it appears to have been considered the same as waste, distinguished only by the circumstances under which it was committed, viz.: during the pendency of a suit. This, at least, seems to have been the principal distinction between a writ of estrepement, and a writ of waste proper. 3 Bl. Com. 225, 226. Spelman is the only writer who seems to have discovered the true derivation of the word, and through that to have arrived at its radical meaning. JSstrepamentum is quasi extirpamenium, from extirpare, to root out, or rase to the foundations; to destroy utterly, {delere.) In confirmation of this he refers to the judicial writ de estrepamento in the Register, in which the word extirpare is prominently used. Beg. Jud. 33 b. Two other writs in the Register of similar character are called writs de extirpatione. Reg. Jud. 13, 68 b. See Temtes de la ley, voc. Extirpation.