Glossary of Technical Terms, Phrases, and Maxims of the Common Law

/. With that intent.

A right, vfithout a profit, enjoyed by an owner of land over land held by another; not an estate or interest in the land itself.

In England, begins on the 15th of April and 'ends on the 8th of May.

A royal manor in Kent; mentioned in grants by the King as descriptive of the tenure of free socage.

/. " Let him go thence without day,'' words used in recording judgment for the plaintiff, v. Days.

eavre, ewe, etc.,^. Water.

sax. Open killing; abere murder.

/. A church; a parsonage. Ecclesia ecclesise decimas solvere non debet: the church ought not to pay tithes to the church. Ecclesia non moritur the church does not die. Ecclesiastic

;. Put forth; brought forth; promulgated. E'e,/?-. Abb. for Estre, to be, or este, been. Effractores'A Burglars; housebreakers.

/. The shedding of blood; a mulct therefor. Egetter,/?-, To eject. Hjettement: ejectment.

eglise,/r. Church; a church.

talis, I. I, such a one.

I. Going forth and issuing.

/. A going forth; an issue, exit. Ei incumbit probatio qui dicit, non qui aegat,;. The burden of proof lies upon him who affirms, not him who denies. Eide,/;-. Aid; relief.

eisne,aisne,etc.,/r. The eldest; the first bom. Eignesse, Einecia, I..■ eldership, esnecy.

I. The share of the eldest son. Eins,^. In; in possession. Einsceoque: inasmuch as.

v. Byre. A journey. Eirant: errant, wandering. Bit,/*-. Has.

custodiae, etc. v. Be ejectione, Ejechient.

An action employed to try title to land; originating in the old mixed action of ejectment of farm, wherein a tenant dispossessed recovered his term and damages for the trespass. Th

Ejettement de garde.y?-. v. De ejectione

I. Things cast up by the sea; wreck. Ejus nulla culpa est cui parere uecesse sit, /. No guilt attaches to him who has to obey.

I. Of the same nature. Ejusdem negotii: of the same transaction.

debitoris, /. The creditor or debtor has the election. Electio semel facta non patitur regressum: election made does not admit of recall.

Charitable;

I. (He has chosen.) ments for debt or damages, the defendant's goods to the plaintiff; and if defendant's lands to plaintiff then had actual elegit. The plaintiff facias, which ran

Persons appointed coroner, when they were

Two members of represent each county at large. L. S., Locus sigilli, I. The place for a seal.

Elongare, /., Eloignment of goods they could not be vit: he hath eloigned.

fr. To remove; send away.: removal out of the county of goods so distrained. Elongatus: eloigned. Elongaaward. Emanavit: it issued. fraudulent appropriation to his own use of intru

I. To issue; Embezzlement. The money or property or legally in the master's

The annual sown anew each year; Embler,/r. To sow; to

The offence jury. V. Decies tantum.

I. To make Eminent domain. The public purposes. Emparler,/r. To imparl.

A species which the tenant paid ship of the land, like a Emprompter,y7-. To Emptio et venditio, I. chaser. Emptor emit dit quam ma^mo seller sells for as much, En,/r. In; into. En

/r. Pregnant. Encheson,_/^. Cause;

To take more

endosser,^. Endorsement, v. Endowment. The tion of lands for the vision for collegiate,

To give in fee; Enfranchisement. incorporating a man hold: its conversion

fr. To pledge.

twenty years. used in their presa right to have deeds and other do not require prewho might naturally subordinate. use. exacted by a superior aneantir, fr. To Anientisement: destru

the Master of the Rolls, the mon Pleas, the Chief Baron of the Exchequer, of the High Court of Chancery, the Judge bate, and of the Court for Divorce and puisne judges of the King'

of the land. Per me-; v. Bilingms. Per metas Per minas: by threats. Per my et per tout (/r.): of Per omnes: by all [the; v. Pais. Per pares Curthe country. Per proo', proagent. Per

Engleshire. lishman, or the fact the hundred for Enbonne foy: in good faith. En ce: in the way. En certein: in certain. En coste: on the side, collateral. En court:: in delay, defa

written about as they then existed. minister's land; a portion in: a clod of earth. explanation. made in the sixth year for costs in actions; tenants in fee-farm, and to cases wher

To make a fair copy. To buy up all of a certain commodity -srith intent to sell at a forced price; formerly a criminal offence.

To set at large, release from custody; to extend, to grant further time.

yj-. To enlarge an estate; as when the next remainder-man releases all his interest to the tenant, v. Release.

/. The part of the eldest; the share chosen by the eldest coparcener on partition of land, she having first choice.

/. Wrongful acts. Enormis: immoderate, excessive. Enparler,yr. To talk together, to imparl.

enquest,yr. An inquest, inquiry; a jury.

To enter, record, transcribe.

fr. Also; in like manner.

To create an estate tail. Entailed: settled in tail or strict settlement. The word as commonly used means the latter.

Entente,/-. A plaintiff's count, declaration.

entente, />•. Understanding.

entre,y5'. In; within; among. Entre mains: at hand, in his hands. Enterlesse,/*-. Left out; omitted.

1. A record in writing, in a book or account. 2. The taking possession of lands by going into them. Right of entry: a right to actually enter and take possession, thereby regaining

Eor eodem, /. The same. Eodem modo quo quid constituitur, dissolvitur; a thing is [may be] destroyed in the same way in which it is created. Eodem ligamine quo ligatum est, dissolv

I. At that instant. Eo intuitu: with that view or intent. Eo ipso: by the thing itself. Eo nomine: under that name.

I. A knight.

The assets which a creditor can only reach through a court of equity. Equitable estate: one existing or cognizable originally only at equity, as a trust or interest of a mortgagor.

That system of jurisprudence administered first by the English Court of Chancery; a jurisdiction originally resident in the Crown and exercised by the Chancellor. Courts of Equity:

arer,/r. To plough.

I. Therefore. Ergo hio: therefore here.

;. We erect; words used in granting a charter. Errant,//. Wandering about; itinerant. -^.Byre.

I. A waif; an estray.

/. Erroneously; through mistake.

An original writ which hes after judgment in an inferior court of record to review the judgment and inquire into errors of fact, or errors of law apparent on the record. In England

Court of. v. Court, 108.

I. An error of law injures [i. e. the party committing it must suffer the co Asequencesj. Error nominis nunquam nocet, si de identitate rei constat: an error in the name does no ha

/. An escheat. Escaetor: the escheator. v. De.

I. A license in the form of a writ to a merchant to draw foreign bills of exchange. Escambium: exchange.

An escape from lawful arrest or imprisonment, whether violent or by collusion, negligent or voluntary.

A warrant addressed to all the sheriifs of England, authorizing the arrest of a person who has escaped from imprisonment on execution or mesne process.

1. The falling back of lai(d into the hands of the lord on failure of the blood of the tenant; which may be propter defectum sanguinis (for failure of blood, as if the tenant died

An officer in

eschoir,/r.

escrit, fr. A

A scroll; a third person, who is some actj or some

(Service of whereby the tenant own charge. Later stead, called escuage

The privilege

The full profits and services.

L, Essart

To be; being. Essendi quietum de Essentialia negotii, /.

essoin. An to process. To cast Essoin day: the to receive essoins. de servitio regis, was absent on the seynte, absent in absent beyond sea; de lit, ill in bed; he had met with an

l.,fr. It is; there wit. Est boni duty] of agood judge

1. An interest or condition of life. curtesy, dower, of To fall; to happen; to escheat. Scotland. Felons esoriea: notorious felons. writing; a written instrument. deed; v. Delivery

/. Be it. Esto perpetua: be it eternal.

To stop; bar; prevent; impede; preclude.

An impediment, by which a man is precluded in law from alleging or denying a fact, in consequence of his own previous action, inaction, allegation, or denial. An estoppel by deed i

L, Estovers. 1. An allowance made to a person out of an estate, whether of money or other things; a dote, q. v. 3. An allowance made to a man arrested tor felony for the support of

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

/. An escape. Evesque,/?-. A bishop. Evesche: his diocese.

Dispossession by process of law; recovery of lands; ouster notice to Ex,;. From; of; out dant! cautela: from guitur ad usum: as to its use. Ex in equity. Ex aequo good. Ex assensu

The collection of a fee by an officer,

An original common-law conveyance transfer of landed interests of the same warrantor was to give the warrantee lands those of which he has been dispossessed.

In England, the revenue Court of Exchequer: v. Court, 11, 95.

the copy of a 12 Rich. II., 5 Eliz. regulations as to laborers, majesty). contract, brought anforbidden by the Constiat a distance from the man.: laymen, a jury. alone, let things

Receipt, in goods, the transfer of acceptance, which is the the debtor, to whose of, stolen goods. 2. A managing trustee appointed by a court of equity to take charge of a railway