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

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

Court for Crown Cases Reserved, Conso Kdated Chamber and Registry Appeals, Court of Chancery, of Appeal in Cliancery, Rolls Court, Vice-Chancellor's Court,

v. Court, 12. V. Court, 24.

fr. Excommunication.

That which involves law excuses it from the guilt of felony. per infortunium, by accident in doing a defendendo, in self-defence. Excusat aut extenuat delictum in operatur idem in

Done; finished; effected; fu Uy plished; now existent; now in force; past; tory. Executed consideration, contract Contract. Executed estate: an estate in a present interest passes,

/. Administration of goods. finis et fructus legis: execution is the end Executio juris non habet injuriam: the does not work, a wrong.

1. The carrying into effect a 2. A judicial writ issued for that purpose. of an instrument in such a way as to make it

The person named in a will to take tator's property and carry the will into effect. son tott,fr.: one who interferes and acts own wrong, without lawful authority.

Unfinished; to be completed;

v. Damages.

A certified copy, under seal,

I. An example; a copy. Exempli pose of example, for instance. Exempla Btringunt legem: examples illustrate, but law.

/. An order for the home department to recognize a consul or commercial agent of

/. The employer of a ship;

I. To break the peace.

/. Disherison; an injury or loss

I. (The exhibition of the bill.) ment of the suit.

/. A judicial writ in when the defendant could not be found; non est inventus to a ca. sa., directing the defendant at five successive county courts. five courts between the teste

/. To go out; to issue. Exitus: issue, offspring.

I. An outlaw. Exlegare: to outlaw.

I. The service of a vrrit.

I. It is for the public advantage. Ne sua re quia male utatur: that no one should make ill use of his property. Ut sit finis litium: that there should be an end of suits.

v. Espleea.

/. A false statement. Expressio eorum qui tacite insunt nihil operatur: the express mention of those things which are implied avails nothing. Expressio unius est exolusio alterius:

I. A thing expressed puts an end to the thing implied.

To appraise the yearly value of lands of a debtor forfeited upon statute or recognizance, so that it may be known how long the creditor is to retain possession to extinguish the de

/. (That you cause to be extended.) A writ of Extent.

A writ of execution upon a debt due the Crown, or due a creditor upon recognizance, statute merchant or staple, directing the sheriff to appraise the debtor's lands and goods; they

v. Larceny.

I. Without; out of; beyond; except. Extra feodum: out of his fee. Extra judicium: out of court. Extra jus: beyond the law. Extra praesentiam.mariti: out of the husband's presence.

I. The extremes proved, the things between are presumed. In extremis: at the last extremity.

Outside, from outside sources.

I. Thence; from then. Ey. Water; a watery place. Eyder,/r. To aid, help. Eyde:aid. Eyes eid: have relief. Eygne,/r. Eldest.

A little island.

A way, journey; the journey of a justice about his circuit; V. Assize. The Justices in eyre were estabhshed in 1176 with a delegated power from the aula regia, and made their circu

I. Exchange; exchange of lands.

/. To discharge, disburden. Bxoneretur: let him be discharged.

I. v. Estreat. E^radition. Delivery of a fugitive by one state to another.

I. A foreigner; a Stranger.