Escolar Documentos
Profissional Documentos
Cultura Documentos
E.
E. As an abbreviation, this letter may Co. Lltt. 289. Those things which Bre prop
stand for "Excbequer," " English ," "Ed �rlytransacted in our court o ugh t to be com
ward," " Equity . It II E ast , II "Eastern," mitted to a due execution.
"Easter," or "Ecclesiastical. It
Ea qure raro aOCidunt non temer& in
E. A Latin preposition, meaning from. agendis
negotiis computantur. Those
out of. after, or according. It occurs i n things which rarely happen are not to be
many Latin pbrasesj but (in this form) only taken into account in the transaction of busi
before a consonant. \Vllen the initial of the ness, without 8ullicient reason. Dig . 50, 17,
following word is a vowel, e!V is used. 64.
E CONTRA. From the opposite; on the EACH. The effect of this word, used in
contrary. the covenants of a bond, is to create a sev
eral obligation. 3 Dowl. & R. 112; 5 Term
E CONVERSO. Conversely. On the 522; 2 Day. 442; 104 Mass. 217.
other hand; on the contrary. Equi valen t to
Eadem causa diversis rat io n i bus COM
e cont-ra.
ram judicibus eccleSIasticis et secular!
E. G. An abbreviation of exempli {JrQ,-o bus ventilatur. 2 lnst. 622. The same
eta. For the sake of an example. cause is argut'd upon different prindples be
fore ecclesiastical and secular judges.
E MERA GRATIA. Outol mere grace
or favor. Eadem est ratio, eadem est lex. The
same reason, the same law. 7 Pick. 493.
E PLURIBUS UN U M . One ont ot
many. The motto of the United States of Eadem mens pl'oosumitur regis qUEe
America. est juris et qure esse debet. prmsertim
in dubii.. Hob. 154. The mind ot the
EA. Sax. The water or river; also the sovereign is presumed to be coincident with
mouth of a river on the shore bet ween high that of the law, nod with that which it ought
and low water-mark. to lie, especially in a mbiguous matters.
Ea est accipienda interpretatio. qure
EAGLE. A gold coin of lhe Uniled
vitia caret. That interpretation is to be re
States of the value of ten dollars.
ceived [01' adopted] which is [I'ee from fault
[or wrong.] The law will not intend a EALDER. or EALDING. In old Saxon
wrong. Hac. Max. 17, (in reg. 3.) la w. An elder or chief.
EA INTENTIONE. With that Intent. E A L D E R M A N.or EALDORMAN.
Held not to make a condiLion. but a con fi The name of a Saxon magistrate ; alderruanj
dence and trust. Dyer. 13Sb. analogous to carl among the Danes, and sen
ator among the Romans. See ALDERMAN.
Ea qum. commendandi causa, in ven
ditionibus dicuntur, si palam appareant, EALDOR-BISCOP. An archb isho p.
venditorem non obligant. Those things
EALDORBURG. Sa x . The metropOlis;
which are said on sales, iu the way of com
mendation, if [the qualities of the thi ng SOld] the chief city. Obsolete.
appear openiy, do not bind the seller. Dig. EALEHUS. (Fr. eale, Sax.• ale, and htU.
l�, 1. 43, pro house.) An ale-house.
Ea qure dart impassibilia Bunt, vel
EALHORDA. Sax. The privilege of
qure in rerum natura Don Bunt, pro
assising and selling beer. Obsolete.
non adJectis habentur. Those things
which are impossible to be given, or which EAR GRASS. In EngliSh law. Such
tire not in the nature of things, are regarded grass which is upon the land after the mow
as not added, [as no part of an agreement.] mg, until the feast of the Annunciation after.
Dig. 50. 17. 135. 3 Leon. g13.
Eo. qure in curia nostra rIte acta sun t EAR-MARK. A mark put upon 8 thing
debitm executioni demandari debent. to distinguish it froIn another. Origi nally
EAR-MARK 405
•nd literally, a mark upon thet?ar; a mode of services or labol' without the aid at capital.
marking sheep and otber animals. 20 Wis. 330. See, also, 46 N. n. 48.
Property is said to be ea'l'·ma'l'ked when it "Gross" earnings are the total receipts be
can be Identified or distinguished from other fore deducting expenditures. .. As a general
propert.y of the same nature. proposition, net earnings are the excess of the
Money has no ear-mark, but it is an o.rdi gross earnings overthe expenditures defrayed
niHy term for a privy mark made by any one in producing them. asidefrolU, and exclusive
DO a coin. of. the expenditure of capital laid out in con
structing and equipping the works them..
EAR-WITNESS. In the Jaw of evidpDce.
One who attests or can attest anything as
Belves." 99 U. S. 420. See, also, 44 Ohio
license. on the other hand. is a bare authori prosecuting the trade between England and
ty to do n certain act or series of acts upon India, which they acquired a right to carry
another's land. without possessing any es· on exclusively. Since the middle of the last
tate therein; and. it being founded in per- century. however. the company's political
50nal confldence, it is not assignable. and it affairs hall become of more importance than
1s gone if the owner of the land who gives their commerce. In 1858. by 21 & 22 Vict.
the license transfers his tiPH! to anoLher, or c. 106, the government of lhe territories of
if either party die. 3 Pin. '415. the company was transferred to the crown.
Classification. Easements are classified )Vhal'ton.
as affinnative or negative; the former bein g
I
E A S T E R. A f east of the Christian
,,:
those here the servient estate must permit
cblH'ch held in memory of our Saviour's res-
80methIDg to be done thereon. (as to pass
lIrrection. The Greeks and Lalins call it
�
over it, o · to discharge water upon it;) the
"pascha," (passover.) to which Jewish
latter bemg those where the owner of the
feast our Easter answers. This feast has
servient estate is probibited from doIng
been annually celebrated since the time ot
something otherwise lawful UpOli his estate.
tha apostles. and is one of the most impor
because it will affect the dominant estate, (as
tant festivals in t.he Christian calendar. be-
interrupting the light and air from the latter
ing that wbich regulates and determines the
by building on the former.) 2 Washb. H.eal
times of all the other movable feasts. Ene.
Prop.30l.
Lond.
They are also either r;ontinu.Olt8 or cliscon·
tinuou.s,. the former depending on some nat EASTER· OFFERINGS, or EASTER·
ural conformation of the servient tenement, DUES. In English law. Smali sums ot
or artific.:ial structnre upon it, which consti money paid to the parochial clergy by the
stutes the easement or the means of enjoy� parishioners at Easter as a compensation for
ing it; the latter being such as have no means personal tithes. or the tithe for personal la
specially constructed 01' appropriated for their bor; recoverable under 7 & 8 Wm. ill. c. 6,
enjoyment, and are enjoyed at intervals. lea v before justices of the peace.
ing in the mean time no visible signs of their
EASTER TERM. In English law.
existence. 18 N. J. Eq. 262.
One of the four terms of the courts. It is
Easements are also classified as p1ivate or now a fixed term, bpginning on the 15th of
public. according as their enjoyment belongs
April and ending on the 8th of May in every
to an individual or to the community.
year� though sometimes prolonged so late as
They may also be either of necessity or of
the 13th of May, under St. 11 Geo. IV. and
convenience. The fonner is the case where
1 Wnl. IV. c. 70. From Novemher 2, 1875,
the easement is indispensalJle to the enjoy
the division of the legal year into terms is
ment of Lhe dOllllnant estate; the latter,
abolished so far as coneerm the administra·
where the easement increases the facility.
tion of justice. 3 Steph. Cumm. 482-480;
comfort, or convenience of the enjoyment of
Mozley & Whitley.
the dominant estate. or of some right con
nected with it. EASTERLING. A coin. struck b y Rich.
A.n appw·tenant (or appendant) easement ard II., which is supposed to have given rise
is one which is attached to and passes with to the name of "sterling," as applied to En
the dominant tenement as an appurtenance glish mOlley.
thereof.
EASTERLY. This word. when used
EAST. III the customs laws of the Unit alone, will be construed to mean "due east. II
ed States. the term "countries east of the But tha.t is a rule of necessity growing out ot
Cape of Good Hope" means countries with the indefinitenl:'ss of the lerm, aod has no ap
wbich. (ormerly, the United Stules ordinarily plication where other words are used for the
canieci on commercial inlercourse uy pass pllrpose of qualifying its meaning. Where
ing around that cape. 101 U. S. 790. such is the case, insl�ad of meaning "due
east." jt means precisely what the qualifying
EAST GREENWICH. The name of"
woru makes it mean. 32 Cal. 227.
royal manor in the county of Kent, Eng
land; mentioned in royal grants or paten ts . EASTINUS. A.n east er ly coast or coun
as descriptive of the tenure of.free socage. try.
EAST INDIA COMPANY. The East EAT [NDE SINE DIE. In criminal
India Company wu.s originally established for practice. 'Vords used on the acquittal of a
EATING HO U SE
- 407 ECCLESIASTICAL AUTIIORITIES
mon law, indictable at seSSions, and punish.. deteriorem nequaquam. Co. Litt. 341.
able by fine and finding sUreties for good be- 'fhe church enjoys the privilege of a minori
bavior. Id.; Stepb. Crim. Law, 109. See it can make its own condition belter, but Dot
S lIead . 300. worse.
EBB AND FLOW. An expression used Eeolesia non moritur. 2 I n st. 3. The F
formerly in this country to denote the limits church does not die.
of admiralty jurisdiction. See 3 Mason, 127j Eeelesire magis favendum est quam
2 Story, 176; 2 Gall. 398; 4 Wall. 562; S p e r s o nre. Goqol. Ecc. Law. 172. Tbe
Wall. 15_ chUrch is to be more favored than the parson. G
EBBA. In
old English law. Ebb. Ebba ECCLESIlE SCULPTURA. TlJ ei mage
et fluetus; ebb and flow of tide; ebb and
or sculptute of a church in ancient times was
Hood. Bract. fols. 255, 33S. The time oc often cut out or cast in plate o r other metal,
cupied by one ebb and flood was anciently and preserved as a religious treasure or relic, H
granted to persons essoined as being beyond and to perpetuate the memory of some fa
sea, in addition to the period of forty days. mous churches. Jacob.
See Fleta, lib. 6, c. �, § 2.
ECCLESIARCH. The ruler of a church.
EBDOMADARIUS. In
ecclesiastical
law. An officer in cathedral churches who ECCLESIASTIC, n. A clergyman; a I
supervised the regular performance of divine p riestj a man consecrated to the service of
service, and prescribed tbe particular dut.ies the church.
of each person in lhe cho ir .
wardens or sidesmen. and parish clerks and ECHEVIN. In French law. A munic·
sextons, inasmuch as their duties are con ipal officer corresponding with alderman or
nected with the church. may be considered burgess, and having in some instance8 a civil
to be a species of ecclesiastical authorities. jurisdiction in certain causes of trifling im�
Wharton. portance.
ECCLESIASTICAL COMMISSION ECHOUEMENT. In French marine
ERs. In English law. A body corporate, law. Stranding. Emerig. Tr. des Ass. c.
erected by St. 6 &: 7 Wm. IV. c. 77. em 12. s. 13. no. l.
powered to suggest measures conducive to ECLAMPSIA PARTURIENTIUM. In
the efficiency of the established church, to be medical jurisprudence. The name of a dis
ratified by orders in council. 'VbarLon. See ease accumpanied by apoplectic convulsions.
3 Steph. Comm. 156. 157. and which produces aberration of mind at
E C C L E S I A S T I C A L CORPORA
childbirtllo
TIONS. Such corporations as are composed ECLECTIC PRACTICE. In medicine.
of persons who take a lively interest in the That system followed by physicians who S�
advancement of religion, and who are asso lect their mod�s of practice and medicines
ciated and incorporated for that purpose. from vurious scbools. Webster.
Au g . & A. Corp. § 36. "Without professing to understand muoh of med�
Corporations whose members are spiritual ieal pbraseoloGl;y, we suppose tbat the terms ' aUo-
pathic practice' and 'legitimate business' mean
persons are distinguished from lay corpora.
tbe ordinary metbod commonly a.dopted by the
tions. I B1. Comm. 470. great body of lea.rned and eminent phYSicians,
which is taught in their institutions, established
ECCLESIASTICAL COURTS. A sys by their highest authorities, and accepted by the
tem of courts in England, held by authority larger and mflre respectable portion of the com·
of the sovel'eign, and 11aving jurisdiction over munity. By 'eolectic practice,' witbout imputing
to it, as the counsel for t.he plaintiff soem inclined
matters pertaining to the religion and ritual
to, an odor of illegality, we presume is intended
of the established church. and the rights, another and dift'erent system, unusual and eceen·
duties, and discipline of ecclesiastical persons tric, not countenanced by the cla.sses before re
as such. They are as follows: The arch- ferred to, but oharaoterized by them as spurious
.Iileveral titles; and see 3 Bl. Comm. �8. ECRIVAIN. In French marine law.
The clerk of 8 s hip. Emerig. Tr. des A ss.
ECCLESIASTICAL DIVISION OF
ENGLAND. This is a division into prov c. 11. s. 3. no. 2.
inces, dioceses. archdeaconries, rural dean ECUMENICAL. General; nniversal; as
eries, and parishes. an ecumenical council.
ECCLESIASTICAL LAW. The body EDDERBRECHE. In Saxon law. The
at jurisprudence administered by the ecclesi offense of hedge�bl'eakillg. Obsolete.
astical courts of England; derived, in large EDESTIA. In old records. Buildings.
measure, from the canon and civil law. As
now restricted, it applies mainly to the af· EDICT. A positive law promulgated by
fairs. and the doctrine, diSCipline, and wor thE'l sovereign of a country, and having refw
ship, of the established church. erence either to tbe whole land or some of its
divisions, but usually relating to affairs of
ECDICUS. The attorney, proctor, or ad· state. It differs from a "public proclama
vocate of a corporation. Episcoporu,m tion," in that it enacts a new statute, and
ecdicij bishops' proctors; church lawyers. carries wIth it the authority of law.
Ilteeve. Eng. Law, 65.
EDICTAL CITATION. In Scotch law.
ECHANTILLON. InFrench law. One A citation published at the markei-cross of
of the two parts or pieces of a wooden tally. Edinburgh, and pier and shore of Leith.
That in possession of the debtor is properly Used against foreigners not within the king
called the tally," the other "echantillon."
{I dom, but having a landed estate there. and
PoLh. ObI. pt. 4. c. I. art. 2. § 8. against natives out of the kingdom. Bell.
EDICTS OF JUSTINIAN 409 EFFIGY
out the senate; belonging to Lhe class of con.. sense it relates to them all. 145 Mass. 146,
slitutiones p1'incipis. lnst. 1, 2, 6. An 13 N. E. Hep. 354.
edict was a mere voluntary c onst i tut i o n of
EFFECT. The result which an instrn.
the emperor; differing from a rescript. in not
ment between parties will produce in their
being returned in the way of answer; and
relative rigbts, or which a statute will pro
from a decree. i n no t b�ing given in judg
duce upon t he e xisting law. as di sc o vered
me n t ; ami f r om both, ill not being f ounded
from the la nguage used, the forms employed,
upon solicitation. Tay1. Civil Law, 233.
01' other matel'iais for construing it.
A general order puhlislwd by the prretor.
on entering upon his office, con tainin g the The phrases"take effect, t> "be in force, .. "go In
to operation," etc., have been used interchange
lIystem or rules by which he would admi nistel'
ably Aver since the organization of the state. 4:
jus Lice during the year of his omes. Dig. I, Ind. 34-2.
2,2, 10; Mackeld. Hom. Law, § 35. Tayl.
Civi l Law, 214. See Cal vin . EFFECTS. Personal estate or property.
This word has been held tu be more com pre·
EDIC'l'UM PERPETUUM. In Roman
hen sive than tlJe word "goods. " as includ. F
law. The perpetual edict. A compilati on
or s)'stem I.)f law in fifty !Jooks, digested by ing fixtures, which "goods" will nut include.
Julian, a la wyer of great eminence under the 7 Tau nt 188; 4 J. D. Moore, 73; 4 Darn . &
.
other parts of t he Jus Ifonora1·ium. All the In wills. The word "effects" is equiva- G
remains of it which have come down to liS leut to .. property." or .. worldly substance,"
are the extracts of it in the Digests. Butl. and, if used Simpliciter, as in a gift of "all
Hor. Jur. 52. my effects," will carry the whole perso nal
estate. Yes. Jr. 507; Ward, Leg. 209. The
EDICTUM THEODORIC!. T his is the
first collec tio n of law that was made after the
addition of the words "real and p ers on al" H
will extend it so us to em brace the whole of
downfall of the Roman power in Haly. It
the testator's real and personal estate.
was p romu lgated by Theodoric, king of the
Cowp. 299; 3 .Brown, ParI. Cas. 388.
O!ltl'Ogoths, at Home in A. D. 500. It can·
This is a word ol'ten found in wllls. amI,
sists of 154 chapters, in which we rec og nize
being eq uiv al ent. to "property," or "worldly
parts tl1ken from the Code and Novellre of
substance." its force depends greatly upon
Th eodosius, from the Codices Gl'egorianus
the association of the adjectives " re al " and
and IIermogenianuB, a nd the Sententire of II
II personal. " Real and p erso n al efTects"
J
Pallius. The edict was doubth-ss drawn up
would embrace the whole estate; but the
by Rom an writers, but the origill;tl Sources
word "effects" alone must be confined to per
nre more disfigured and altered tha n in auy
sonal estate simply. unless an intention ap·
other compilation. This collection of law
pears to the cuntrary. Schouler, Wills,
was intended to ap ply both to the Goths and
§ 509. See I Cowp. 304.
tue Homans, so far as its p rovisio os went;
K
but, when it made no alteration in the Gotldc Effectus s equitu r causam. Wing. 226.
laW, that IIIw was still to be in force. Sa
The effect follows the cause.
vigny, Geschichte <.les R. R.
EFFENDI. In Turkish language. Mall
EDITUS. In old E nglis h law.
or promulgated, when speaking of tbe pas·
Pu t forth
ter; a title of respect. L
sage of a stKtute; and brough t forth, or born,
EFFIGY. The corporeal repre!'l.6ntalion
when speaking of t he birth of 8 ch ild.
or a pers on.
In cludes proper moral. as
M
EDUCATE. To malte the effig y of a pel'son with an in·
well as intellectual and physical, instruction. tent to make him the object of riuicule is a.
Co de Tenn. § 2521; 6 Heisk. 395. libel. 2 Chit. Crim. Law, 866.
EFFLUX 410 EITHER
EJECT. To cast. or throw out; to onst, II. is also a form of action by whioh posses
or di::Jpossess ; to put or turn out ot posses sory Litles to corporeal hereditaments may be
sion. 3 BI. Comm. 198. 199. 200. tried and poss ession obtai n ed.
sioner, remainder-man, or any stranger eject Ejua est interpretari cujus est con
F
eel Of ousted the lessee of his term, je' 'rme, Of dere. It is bis to interpret whose it is to
farm, (ipsu,m a firma ¢jectt.) In this case enact. Tayl. CiviI Law, 96.
the latttlf might have his writ of ejl;ction. by
Ejus est nolle, qui potest velIe. He
which he recovf:'red at first damages for the
wbo can wi ll, [ exercise v oli Lion ] has a right
trespass only, but it. was afterwards made a
.
G
to refuse to will. [to withhold conse nt.] Dig.
remedy to recover back the te1'm jtself, or the
remainder of it, with damages, Heg. Orig.
50,7,3.
227b; Fitzh. �at. Brev. 220, F, G; 3 Bl. Ejus est periculum cujus est domin
Comm. 199; Litt. � 322; Crabb, Eng. Law, ium aut commodum. fie who has t he
It is the foundation of the modern dominion or advantage bas the ris k.
I�
290.448.
action of eject me nt.
Ejus nulla culpa est, cui parere ne-
EJECTMENT. At common law, this cesse sit. No g uilt attaches to him who is
was the name of 8 mi xed action (springing compelled to obey. Dig. 50. 17. 169, pro
from the earlier personal action of qjectiQlle Obedience to existing laws is a su ffi ci e n t ex
jlnnre) which lay for the recovery of the pus tenuation of g uilt before a civil tribunal.
lession of land, and for damages fol' the un Broom, Max. 12. note.
lawful df'ttention of its possession. The ac
EJUSDEM GENERIS. or the ••me
tion was highly fictitious, being in theory
kind, class, or nature.
only for the l't>covery of a tel'm for years, and
brought by a purely lictitiOll3 person, HS les ELABORARE. In old European law.
J
see in a supposed 16c1.se from the real party in To gain. acquire, or purcliase, as by labor
intt·rest. Tbe latter's title, however, must and ind ustry.
be ('stal.lished in order to warrant a recovery,
and the establishment of such title, though
ELABORATUS.
acquisition of labor.
Property which is th e
Spelman.
K
nominally a mere inc id ent, is in reality the
object of the action. Hence this convenient ELDER BRETHREN. A distinguished
form of suit came to he adopted as tile usual body of men, elt'cted as musters of Trinity
method of trying titles to land. See 3 HI.
L
llouse. an institution incorporated in the
Comm.199. reign of Henry Vill., charged with numer-
It was tbe only mixed Mtion at common law, tbe ous important duties relati ng to the mari ne .
whole metbod of proceeding in which was anoma
such as tlie superintend enc e of light-house3.
lous, and depended on fictions invented and upheld
by the court for t.be convenience of justice, in or
Mo zley & Whitley; 2 Steph. Comm. 502.
der to escape from the inconveniences wbich were
found to aLtend t.he ancient forms of real a.nd mi.lr.ed ELDER TITLE. A title of .arlier date, M
action&. but coming simultaneousl y into operation
ELDEST 412 ELECTORAL COLLEGE
with a title ot younger origin, ill called the afforded by law for the redress of an injury,
" elder title," and prevails. or one out of several available forms of
action.
ELDEST. He or she wbo bas tbe great
In criminal law. The choice, by the
est age.
Tha " el dest son" is the first-bol'll son. If
prosecution, upon which of several counts in
there is only one BOD, he may still ue de an inrl ictmen,t (charging distinct offenses of
scribed as the " eldest. 0, L. R. 7 H. L. 644.
the same degree. but not parts at a contin
UOHS series of acts) it will proceed.
Elects una via, non datur recursus
ELECTION AUDITORS. In English
ad alteram. He who bas chosen one way
can riot have recourse to another. 10 TauH. law. Officers annually appointed, to whom
no. 170. was committed the duty of Laking and pub
lishing the account of all eXpl'DSeS incu rred
ELECTED. TIle word "elected." in its at paJ'liamentary elections. See 17 & lS Vict.
ordinary signification, carries with it the idea c. 102, §§ 1�. 26-28. But tbese sectio ns
of a vote, generally popular, 80metitlles more have been repealed by the 26Vict. c. 29, which
restricted. and cannot be held the synonym throws the duty of preparing the accounts on
of any other mode of filling a position. ,) . the declared agent of the candidute, and the
Nev. 12L doty of publishing an abstract of it on the
returning officer. Wbarton.
Electio est interns libers et sponts·
nea separatio UniUB rei ab alia, sine ELECTION DISTRICT. A s ttbdivision
compulsione, cODsiste-ns in animo et of territory. whether of state, county, or city,
voluntate. Dyer, 281. Election is an in· the boundaritls of which are fixed by In w, for
ternal, free.and spontaneous separation of can venicnce in local or general elections.
one thing from another, without compulsion, 41 l'a. St. 403.
consisting in intention and will.
ELECTION JUDGES. In English law.
Electio semel facta, et placitum tes Judges of the high court selected in pur_
tatum Don patitur regressum. Co. Litt. suance of tbe 31 & 32 Vict. c. 125. § 11. Rnd
146. Election once made, and plea wit� JUd. Act 1873. § 38, for the trial of election
nessed, 8uifers not a recall. petitions.
ELECTION. The act of choosing or 8& ELECTION PETITIONS. Petitions
lecting one or more from a greater nu mberof for inqu iry into the validity of elections of
persons, things, courses, or rights. The members of parliament, wIlen it is alleged
choice of an alternative. that the return of a member is in valid for
Tho internal, free. and spontaneous sepa bribery or any other reason. These petitions
ration of one thing from another, without are heard by a judge of one of the common·
comp ulsion, consisting in intention aDd will. law divisions of the high court.
Dyer. 281.
Electiones fiant rite et libere sine inter·
The sell:'ction of one man from among sev ruptione aliqua. Elections should be made
eral candidates to discharge certain duLies in in due form. and freelYI witbout any inter
a state, corporation, or socit.!ty. ruption. 2 lnst. 169.
The choice which is open to a deboor who
is bound in an alternati ve obligation La select ELECTIVE. Dependent npon choice;
eithl:r ODe of the alternatives. bestowed or passing by election. Also per
In equity. The obligation imposed upon
tnining or rel;.oting to elections; conferring
tb€ right or power to vote at elections.
a party to choose between two inconsistent
or alternative rights or claims. in Cllses where ELECTOR. He that has a vote in the
there is clear intention of the person from choice of any officer; a constituent; also the
whom he derives oue that he should not enjoy title of certain German princes who formel'ly
botb. 2 Story. Eq. Jur. § 1075. had a voice in the election of the German
The doctrine of electiou presupposes a plurality emperors.
of gifts or rights, with an intention, expl'ess or im
plied, at the party wbo has a. right to control ODS ELECTORAL. Pertaining to electors or
or botb, tha.t ODe should be a substituto for tbe
election8j composed or conSisting of electors.
other. 1 Swanst. 894, note b; 3 Wood. Loct. 491 j 2
Rap. Leg. 480-578. ELECTORAL COLLEGE. Thebodyof
In practice. The liberty of choosing (or princes formerly entitled to elpct the emperor
the act of choosing) one out of several means of Germany. Also a name sometimes given,
ELECTORS OF PllESIDENT 413 ELISORS
charitable uses. Cowell; 'Wbarton. During this period the plaintiff is called
Tbe name of an omcer (lord almoner) of '!tenant by elegit," and his estate, an "es
the English kings. i n forruer Limes, who dis tale by elegit." This writ. or its analogue,
tributed the royal alms or bounty. Fleta. is in use in some of the Uni ted States. as Vir� H
lib. 2. c. 23. ginia and Kentucky. See 3 Bl. Comm. 418;
ELEEMOSYNARY. Relating to the 4 Kent. Comm. 431, 436, and notes; 10 Grat.
distribution of alms, bounty. or charity; 580.
charitable.
ELEMENTS. The forces of nature.
E L E E M O S Y N ARY CORPORA Tile elements are the means through which
TIONS. Such as are constituted for the God acts, and " damages by the E'lements"
perpetual distribution of thl� free alms and means the same thing as " damages by the
bounty of the founder, i n suell manner as be act of God." 35 Cal. 416.
lUIS directed; and in this class are rankeJ J
ELIGIBLE. As applied to a candidate
hospitals for the reBer o f poor and impo
for all elective office. this term means capa·
tent pt'l"sons, and colleges for the promotion
ble or being cllosen ; the subject of selection
of learning Hnd piety, and the support of
or choice ; and also implies competency to hold
persons eng,lgcd in Htt'Tal'y pursuits. These
the office if chosen. 15 Ind. 331; 15 Cal.
corporations are lay, and not ecclesbstical,
121; 14 Wis. 497.
even though composed of ecclesiastkaJ per
sons, and although they in Borne things par ELIMINATION. In old English law.
take of the nature, privileges, and restric The act of banishing 01· turning out of doors;
tions of ecclesiastical bodies. 1 Bl. Comm. rejection. L
�71. ELINGUATION. The punishment of
Eleemosynary corpora.tions a.re for the manage
cutting out the tongue.
ment of private property acco\·din g to the will of
the donors. They are private lay corporations,
ELISORS. I n practice. Electors or
such ns colleges, hospitals, etc. They differ from
civil corporations in that the former are the mere
choosers. Persons aplJointed by the court to M
creatures of public instil..uLioo, created exclusively execute writs of 'Venire, in rases where Mth
ELISORS 4U EMBARGO
the sheriff and coroner afe disq u alifi ed from hous e b el on gi ng to him, it is said not to ue
acti ng. ancl wh ose duty is to choose-that is, an elop ement . 3 N. H. 42.
na me and return-the j u ry. 3 Bl. Comm.
II ELSEWHERE. II In another place; ill
355; Co. Litt. 158; 3 Ste�h. Comm. 597, note.
any other place. See 1 Vern. 4, and lIoLe.
Pe nsons appoi nted to execute any w ri t. i n In ship ping articles. this term, fol lowing
default of the sheriff and coroner, are al so
the deSignation of the por t of dest i nation ,
caUed " eliso rs. "
must be construed either as void for uncer
ELL. A.. meas ure of leng th , answering tainty or as subordinate to the prin ci pa l voy·
to the modern yard. 1 Bl. Comm . 275. age stated in the pl'eC&ling words. 2 Gall.
477.
ELOGIUM. In the civil la w. A will
ELUVIONES. In Old pleadin g. Spring
or testament.
lides. 'rownsh. PI. 197.
ELOIGNE. In practi ce. (Fr. �loigneT.
EMANCIPATION. The act by which
to remove to a distance; to remove afar off.)
A ret urn to a writ of replevin. when the
one w ho was unfree, or u nder the power and
control of another, i s set at li berty and made
chattels have been removed out of th e way
his own master.
of the she riff.
In Roman law. The enfranchisement
ELOIGNMENT. The getting a thing of a son by his father, which was anCi ently
or person out of the way; or removing it to done by the formality of an im agi nary sale.
a d istance. so as to be out of reach. This was abolished by Justinian, wbo sub
stituted th e sim pler proceed i ng of a manu
ELONGATA. In practi ce. E loigned ;
mission before a magistrate . lnst. I, l�. 6.
carried away to a di stance. The old form
of th� retu r n made by a slieriff to a writ of In LOUIsiana. The t:'mancipntion of mi·
replevin, stati ng that the goods or beasts Dors is especially recognized and regulated by
j uri sd iction . 3 BI. Comm. 129. deSi gnated states and districts were and
sbould remain free. was issued January
It
ELONGAVIT. In E ngla nd , where in a 1. 1863, by Abraham Lincoln, us president
proceeding by fore ig n attacil luent the plai n or the United States and co mma nder in chief.
LifI has obtained j Udgme nt of appraisement,
EMBARGO. A proclam ati on or order of
but by reason of some act of th e garnishee
state, usu ally issued in tim e of war or threat;..
tbe goods cannot be appraised. (as where he
ened host i liti es, pro hi biti n g the deparLure
has removed them from the city , or h as sold of ships or goods from some or all tht! po rts
them. etc., ) the serjeant-at-mace ret urns that
of s u ch state until further order. 2 Wh eat.
the garn is h ee has elo igned them, i. e., ra. 148.
moved tht!m ou t of the jurisdiction, and on
Embal'go is the hindering or detention by any
this [(>turn ( called an " elo ng avi t" ) judgment government of ships of commerce in its ports. If
is given for t.he p lain tiff that an mquiry be the embargo is laid upon ships belonging to citi·
made of the goods e1oigned . This inquiry is zens of the stale imposiug it, it is called a "civil
embargo ; " if, as more commonly happens, it is
a et down for trial, Bnd the asseSS lll e n t is
laid upon ships belonging to the enemy. it is called
madl! by a j ury after the man ner of ordinary 8
., hostile embargo. " The effect of this 18: \er em·
issues. Sweet. bargo is that the vessels detained are restored to
the rightful owoers it 00 war follows, but are for·
ELOPEMENT. The act ot . wife who feited to the embargoing goverllment if war does
\'oluntarily deserts her husband to cohabit foHow, the declaration of wa.r being beld to rela.te
with another mall. 2 HI. Corum. 130, To ba.ck to t.1.u:l uriglnal seizure and detention. Brown.
"onstitute an elopement, the wife must not The temporary or permanent sequestration
only leave the husband, but go beyond bis of the property of indi vi dua ls for the purposes
actual controlj for if sh e abandons the hus of a governmen t, e. g., to obtain vesst.'ls for
band, and goes and lives in adultery in a the transport of troops, the owners bein g re-
EMUA"SADOR 41b EMENDATIO
imllUrsed for this forced service. :Man. Int. growth of the earth which are pl'odueed an
Law, 143 . nuull)', not spontaneously. but by labor and
imlustry. and thence are called "fructus in
EMBASSADOR. See A:uBASSADOR.
dustriales." 64 ra. St. 137.
EMBASSAGE, or EMBASSY. The The growing crops of those vegetable produc
message or commission g iven by a sov ere i �n t,iODS of the soil which are annually produced by
the labor of the cultivator. 'l'hey are deemed per-
or state to a minister,called an " ambassador. "
80nal propel'ty. and pass as such to the executor or
empowered to treat or communicate with
administrator of the occupier, whether he we!'c the
another sovereign or state; also tbe establish owner in fee, or for life, or for years, if be die be
ment of an ambassador. fore he has actually cut, reaped, or gathered the
same j and this, although, being affixed to the soil,
EMBER DAYS. In ecclesiastical l aw. they might for some purposes be considOl'cd, while
Those days which the ancient fathers called growing, as part of the realty. 'Vharton.
" guatu01' tempora jejunU " are of great an The term also denotes the right of a ten
tiquity in thl' church. ThE'Y are observed on ant to take and carry away, after his tenancy
·Wednesday, Frida.:v. a n d Saturday next after has ende(l, sllch annual products of the land
Quadrages ima Sunday, or the first Su nday in as have resulted from his own care and labor.
Lent, after Wbitslintide, Holyrood Day, in Emblomonts are the away-going crop i in other
Septem ber, and St. Lucy's Day, about the words, the crop which is upon the ground and un
miudle of December. Brit. c. 53. Ouralm:� l'eaped when the tenant goes away. his lease hav
ing determined i and the right to emblerncuts is
nacs cill the weeks in which Lhey fall the
the right in the tenant to take away the away-go
"Ember 1Veeks," and they are llOW chiefly ing crop. and for that purpose to come upon the
noticed on account of the ordination of priests laud, liod do till other necessa.ry things thei'eon.
and deacons; because the canon appuints the Brown.
G
EMBEZZLEMENT. Tbefraudulent ap committed , " etc.
propriation to bis own use orbeuefltof prup
EMBRACEOR. A person guilty of tbe
erty or money intrusted to him uy another,
offense of embracery, (q. 'D.) See Co. Litt.
by a cIeri" agent, trustee, public omcer, or
369.
other person acting in a fiduciary character.
See 4 Jll. Comm. 230. 231; 3 Kent, ComIn. EMBRACERY. In criminal law. Thill H
194; 4 Steph. Comm. 168, 169, 219; 40N. Y. offense consists in the attempt to influence a
Super. Ct. 41. jury corruptly to one side 01' the otller, by
Embezzlement is the fraudulent appropri promises, persuasions. entreaties, entertain
ation of property by a person to whom it has ments, dou.ceu1'8, and the like. The person
been intrusted. Pen. Code Cal. § G03; Pen. guilty of it is called an "embraceor." Bro wn .
Code Dak. § 596.
EMENDA. Am e n ds ; something given
Embezzlement is a species of larce n y, and
in rep;lration for a trespassj or, in old Saxon
the term is applicable to cases of fnrtive
times, in compensation for an inj ury or crime.
J
and fraudulent appropriation by clerks,
Spelman.
8ervants, or carriers of property coming into
tueir possession by virtue of their tlllploy EMENDALS. An old word still made
ment. It is disti nguished from "larceny , " use of in the accounts of the society of Ule
properly s o called, as being committed i n re Inner Te m ple , where so much in emenrlals
fSpect of property which is not at the time i n at the foot of a n account on the bala.nce I<
the actual 01' legal possession o f the owner. thereof signifies so much money i n the bl-lllk
H How. Pl'. 294; 4 Steph. COIU LU. 168. or stock of tbe houses, for repara tion of loss-
Embezzlement is not an offense at common law, es, or other emergent occasions. Spelman.
but was created by statute. <l Embezzle " includes
in its meaning appropriation to one's own use, and
therefore the use of the single word "embezzle,"
EMENDARE. In Saxon law.
amends or satisfaction for any crime or tres
To make
l
in t.he iodictUlentor informatioo, contains within pass committed; to pay a fine; to be fined.
itself the charge that the defendant appropriated
Spelman. Emendare set to redc(>m, or ran
the money or property to his own use. S4 La,
Ann. 1153.
som one's life, by payment of a we regild.
EMBLEMENTS. Tbe vegetable chattels EMENDA TIO. In old Engl ish law. M
:mlled "emblements" are the corn and other Amendment, or correction. The power of
EMENDATIO 416 EMIT
amendi ng and correcting abuse!!, according Eminent domain Is the right which e. gOTe!"!lmen'
retains over the estates of individuals to resume
tocertain rules and measures. Cowell.
them for public use, Wharton.
In Saxon law. A pecuniary satisfaction 'I'he right of SOCiety, or of the sovereign, to dis.
for a n injury; the same as emenda. (g. tI.) pose, in case of necessity, and for the public sal&
Spelman. ty, of all the wealth contained in the state, is called
"eminent domain." 2 Paine, 688.
'
EMENDATIO PANIS ET' CEREVI Eminent. domain is the highest &nd most exact
SIlEo In old English law. , The power of idea of property remaining in the government, or
in the aggregate body of the people in their sover
supervising and correcting the weights and
eign capacity. It gives a right to resume th6. pos
measures of bread and ale, (assising bread session of the property i n the manner directed by
and beer.) Cowell. the constitution and the la.ws o'f t.he state, when
e\-er the public interest requires it. 3 Paige, 45, is.
EMERGE. To arise; to come to light.
"Tbe exaction of money from individuals
" Unless a matter bappen to emerge after is
under the right of taxation, and the appro
Jue joined. " Hale, Anal. § 1.
priation of private property for public u�e by
EMERGE NT YEAR. The epoch or virlue of t.he power of eminent domain, roust
date whence any people begin to compute not be confused. In pitying taxes the citizen
their time. contributes his j ust. and ascertained share to
the expenses o f the government under wliicb
EMIGRANT. One who quits bis couo
he lives. But when his property is taken
try for any lawful reason, with a design to
under the power of eminent domain, he is
aettla elsewhere . and who takes his family
compelled to surrender to the public some
and property. if be has any, with him. Vat thing
above ano beyond his due proportion
tel, b. 1, c. 19, § 224. for the public benefit. The matter is spe
EMIGRATION. The act of changing cial. lt is in the nature of a co mpul sory sale
one's domicile from one country or state to to the state. " Black, Tax-Titles, § 3,
another. The term "eminent domain " is sometime8
It is to be disti nguished from " e xpatria (but inaccurately) applied to the land, build
tion. " The latter means the abandonment ings, etc., owned directly by the govern ment,
of one'8 country and renunciation of one's and which have not yet passed into any pri
citizenship in it, while emigration denotes vate ownerShip, This species of property is
merely the removal of person and propp-rty to much better deSi gnated as the " public do
a foreign state. The former is usually the main , " or " national domain."
consequence of the latter. E m igratio n is E M I S S A R Y. A person sent u pon a
also used of the remm'al from one section to mission as the agent of another; also a secret
another of tbe same country. agent sent to ascertain the sentiments and
EMINENCE. An honorary title given
designs of others, and to propagate opinions
to canlinals. They were called " illustris favorable to his employer.
simi" and " 1'eve1'end'issimi" un til t.he pon EMISSION. In medical jurisprudence.
tificate of Urban VIII, The ejection or throwing out of any secretion
E M I N E N T DOMAIN. Eminentdo or other matter from the body j the expulsion
main is the right of the people or govern of urine, selllen, etc.
ment to take private property for public use. E MI T . In American law. To put
Code Ci vii Proc. Cal. § 1237. forth or send out; to issue. " N o state shall
'rbe righ t of eminent domain is the right emit bi l ls of credit." Const. U. S. al't, 1.
of the state, through its regular organization, § 10.
to reassert, either temporarily or permanent To iss lie; to give forth with authority; to
ly, its dominion over any portion of the soil put into circulation, See BILL Olr CREDIT.
of the atate on account of public exigency The word "emit" is never employed iu descri'o
and for the public gOOd. Thus, in time of iug those contracts by which a state binds itself
war or insurrection. the proper authorities to pay money at a future day for services actually
received, or for money borrowed for present use.
may possess and hold any part of the terri Nor are instruments executed for such purposes,
tory of the state for the common safety ; and in common language, denominated "bills of cred
in time of peace the legis lature may author it. n "'fa emit bills of credit" conveys to the mind
ize the appropriation of the same to public the ideo. of issuing paper intended to circulate
purposes, 8uch as the opening of roads, con� through the community, for its ordinary purposes,
as money, which paper is redeemable a.t a. future
struction of defenst's, or providing cbHnnels day_ 4 Pet. 410 i 11 Pet. 257 i 2S Ark. 369; 1 Scam..
for trade or travel. Code Ga. 1882. § 2222. S,�
EMIT 417 EMPLOY
In Scotch practice. To speak out; to tuity or for a long term of years, upon the
state in words. A prisoner is said to em,it a reservation of an annual rent or canon, and
declaration. 2 Alis. Crim . Pro 560. upon the condition that the lessee should im
prove the property, by building, culti vating,
EMMENAGOGUES. In rne<lical jurIs
o r otherwise, and with a right i n the lessee
prudence. The name of a class of medicines
to alien the estate at pleasure or pass It to
supposed to have the property of promoting
his heirs by descent, and free from any revo
tI1P, menstrual discharge, and sometimes
cation, re-entry, or claim of forfeiture on
used for the purpose of procuring abortion.
the part of the grantor, except for non·pay
The profit arising from lllent of thl3 r(·nt. Inst. 3. 25, 3: 3 BI. Comm,
EMOLUMEN T.
office or employment; that which is recei ved 232; Maine, Anc. Law, 289.
as a compensation for services, or which is The right granted by such a contract, (jw
annexed to the possession of office ns salary. �mphyte1J,ti(;1tm. or emphytentica1'inm.) The
f�es. and perquisites; ad vantage; g1\in, pll b real right by \vhich a person is entitled to
enjoy another's estate as if it were his own,
lie or private. \Vebstt!f. Any perquisite,
advantage. profit. or gain ariSing from the and to dispose of its su bstance. us far as can
be dOlle without deteriorating it. Mackeld.
possession of an ollice. 105 Pa. St. 303.
Rom. Law. § 326.
EMOTIONAL INSANITY. The spe
EMPHYTEUTA. In the civil law. The
cies of mental aberratio n produced by a vio
person to whom an emphyteusis is granted;
lent excitement of the e motions or passions,
the lessee or tenant under a contract of em�
though the reasoning faculties may remain
phyteusis.
unimpaired.
EMPHYTEUTICUS. In the civil law.
In ancient law.
EMPALEMENT.
mode of intlicting punishment, by thrusting
A.
Founded on, growing out of. or having the F
character of, an
emp/lyteusis; held under an
a sharp pole up the fundament. E n e . Lond.
empllyteusis. 3 Bl. Cumm. 232.
EMPANNEL. The wl'iting or entering
EMPIRE, The dominion or jurisdiction
by the sberiff, on a parchment schrdule or
roll of paper, the llames of a. jury summoned
of an emperor j the region over which the G
dominion of an emperor exte nds; imperial
by bim. Cowell.
power ; supreme dominion j sovereign com
EMPARLANCE. See IMPAnLANoE. mand.
plies a x-eq uest and a contract for a compen A con sens ual contract to deliver a thing
sation, and lias but this one meani n g when for a certain price.
used tn the ordinHry <lfEairs and business of An agJ'eement for the seller to p art with a
life. 11 N. Y . 599; 58 N. Y. 371. til i n g fo l' money gi ven to him by the b uyer.
3 �all'. 61.
EMPLOYED. This signifles both the net
of doing a thing and th e bein g under con EMPTOR. A buyer or purchaser.
tract or orders to do it. 14 Pet. 464, 475i 2
Emptor emit quam minima patest,
Paine, 721, 745.
venditor vendit quam maximo potest.
EMPLOYEE. Th is word oJ is from the The buyer purchases for the lowest p rice he
French, but has become somewhat natural c..'ln ; tbe sel ler sells for the h ighest price he
ized in our language. Strictly and etymolo can. 2 Kent, Comm. 486.
gical ly , it m eans ' a person em p loyed , ' b u t ,
EMTIO. In the civil la w. Purchas e.
• 1'. J,ll'actice in the French language. i t orLli
This fo r m of the word is useu in the Digests
nari ly is lIsed to signify a p ers on in some of
and Code. Dig. 18, 1 ; Cod. 4, 49.
ficial em ployment, a.nd as generally used with
us, though perhaps not confined to any offi EMTOR. In the civil law. .A. buyer or
cial emp loym ent, it is understootl Lo m ean p urchaser ; the b uyer . Dig. 18, 1 ; Cod. 4, 49.
BOrne permanent em ploy ment or position."
EMTRIX. In the civil law. A female
2 Lans. 453. See, also, 75 N. Y. 41 ; III
purchaser ; the purchaser . Cod. 4, 54, 1.
Ind. 324, 12 N. E. Rep. 501.
The word is more extensive thnn "clerk" EN ARERE. L. Fr. In time p ast. 2
or " o01ee1'. " It signifies any one in pl ace, Ins�. 506.
or ha,ving charge or using a function, a s well EN AUTRE DROIT. In the r ig h� of
as Olle in 0111C6. 3 Ct. CJ. 260. anuther. See AUTEn DHOlT.
:mcl clai m s. and became responsible for his EN FAIT. Fr. In facti in de€'d; actu
debts and lia b i l ities to the extt:!nt of a quota ally.
fixed before tile transfer . See Mackeld. Hom.
EN GROS. Fr. In gross. 'rotal; by
Law, § 521.
wholesale.
EMPTIO ET VENDITIO. Lat. Pur
EN JUICIO. Span. Jud icially ; in a court
chase and sale; sometimes translated u e mp�
of la w; in a suit at law. White, New Recop.
Uon and vendition . " The na m e of tlJe con
b. 2, tit. 8, c. 1 .
tract of sal e in the Roman law. lnst. 3, 23;
Bract. fol. 6lb. Som eli mes made a com pound EN 'MASSE. Fr. In a mas9; in a lumpr
word._emptio-venditio. at wh ol esale.
EN MORT MEYNE 419 END
EN MORT MEYNE. L. Fr. In a extended sense, the term comprises also the
dead band; in mortmain. Britt. c. 43. contracts of emphyteusis, pledge. and mort
gage. and even the creation of a servitude
EN OWEL MAIN. L. Fr. In equal
upon an estate. Escriche; 26 Cal. 88.
hand. The word "oweZ" occurs also in the
phrase "owelty of partition." ENBREVER. L. Fr. To write down
in short; to abbreviate. or, in old language.
EN R E C O U V R E M E N T. Fr. In
imbteviatej to put into a schedule. Britt.
French law. An expression employed to de·
c. 1.
note that an indorsl!rnent made in favor of a
person does not transfer to him the property ENCAUSTUM. In the civil law. A
in the bill of exchange, but merely constitutes kind of ink or writing fluid appropriate to thtJ
an auLhority to such persoll to recover the use of the emperor. Cod. 1. 23. 6.
amount of the bill. Arg. :r
"" r. Mere. LawI
E N e E I N T E. Pregnant. See PREG
558.
NANOY.
EN ROUTE. Fr. On the way; in the
ENCHESON. The occasion, cause, or
course of a voyage or journey ; in course of
reason for which nnylhing is done. Terme&
transportation.
de la Ley.
EN VENTRE SA MERE. L. Fr. In
ENCLOSE. In the Scotch law. To shut
its mother's womb. A term descriptive of
up a jury after the case has been submitted
an unborn child. For some p u rposes the law
to them. 2 Alis. Crim. Pr. 634. See IN
regards an infant en ven.tre as in being. It
CLOSE.
may take a legacy ; have a guardian ; nn es·
tate may be limited to its U:le, etc. 1 Bl. ENCLOSURE. See INCLOSURE.
Comm. I80. ENCOMIENDA. In Spanish law. A F
EN VIE. L. Fr. In life; alive. Britt. grant from the crown to a private person of
c. 50. a certain portion of territory in the Spanish
colonies, together with the concession of a
ENABLING POWER. When thetlonor
of a power, who is the owner of the estate,
certain number of the native i nhabitant.s, on
G
the feudal prin ciple of commendation. 2
confers upon persons not seised of the fee Lha
Wools. Pol. Science, 161. 162. Also a royal
right of cl'eati n g interests to take effect out
grant of privileges to the military orders of
of it, which could not be done by the donee
Spain.
of the power un less by such a u thority, this
ENCOURAGE. In criminal law. To
H
is calleLi an " enabling power." 2 ilou v. Inst.
no. 1928. instigate; to incite to action; to give cOllr·
age to; to inspirit; to embolden ; to mise eon·
ENABLING STATUTE. Tile act of
Odence; to make conflJent. 7 Q. D. Div.
I
H2 IIenryVIII. c. 28, by which tenants in t.ail,
258j 4 Burr. 2073. See A.lD.
husbands seised in right of their wives, a n d
others, were empowered t o make leases for ENCROACH. To gain unlawfully npon
their lives or for twenty-one years. which they the landS. property. or authority of anotherj
could not do before. 2 BI. Comm. 319; Co. as i f one man presscs upon the grounds of
Litt. 44a. The phrase is also applied to any another too far, or if a tenant owe two shil- J
statute enauling persolls at' �orporations to lings rent-service, and the lord exact three.
do what before they could not. So, too. the Spencers were flaid to encroach
the king's authority. Blount; Plowd. 940..
ENACR. In Saxon Ia w . The satisfac
K
I n the law of easements. Where the
tion for a crime; the recompense for a fault.
owner of an easement alters the dominant
Skene.
tenement; so as to i lnpose an additional re
ENACT. 'fa establish by law; to per striction o r burden on the servient tenemont,
form or effect ; to decree. The usual intra- he is said to commit an encroachment .
ductory formula in making laws is,
acted. "
II Be it en Sweet.
L
ENCUMBER. See INcmmER.
ENAJENACION. In Spanisll and Mex
ENCUMBRANCE. See L"CUMIlRANOE.
ican law. Alienation; transfer of property.
The act by which the property in a thing, by END. Object ; intent. Things are can· �1
lucrative title, is transferred, as it donation; or strnad according to the end. Finch, La w, II
I;\y onerOUS title, as by sale or barter. In a more b. 1, e. 3, no. 10.
ENDEN ZIE 420 UENGINE"
tion, etc" for its maintenance or use. con tract. 'rhe obligation arising from a
qUa3i coutract,
The words "endowment" and "fund, " in a stat
ute exempting frcm taxation the reM estate, the Tbe t.erms " ohl i gati on " and U e ngage ment "
furnitul'e und personal property, and the "endow are saill to be synonymous. ( 17 Toullier, no.
ment or fund n of religions and educational corpo.
1;) but the Code seems s pecially to apply the
rations, are ejusdem aenerts, and intended to com
ter m U cngage ment " to those obligations
prehen d a class or property different from the otber
two, Dot real estate orcbattels, The di1ference be which the law imposes on a m a n without the
tween the words is that II fund "is a general term, in intervention of any contract, either on the
cluding the endowment, \vhile " endowment " meaus part of the obligor or the ob ligee , ( arLicle
that particular fund, or part of t.he fund, of the in
1370. ) An en gagemp.nt to do or omit to do
stitution, bestowed for its more permanent uses,
and usua1\ykept sacred for the purposes intended, something amounts to a p rom ise . 21 N. J.
The word "endowment" does not, in sucb an cnact Law. 369.
ment, include real estate. S'Z N, J. Law, 360,
In English Practice. The term has been
ENDOWMENT POLICY In life insur· app ropriated to denote a contract entered in�
ance. A policy which is payable when the to by n married woman with the intention of
insured reaches a given :lge, or upon his de bi n ding or charging her separate estate. or.
ce-aae, if that Occurs earlier. w ith stricter accuracy, a promise which i n
the case o f a person sui juris would be a con
ENEMY, in public law, signHles eit.her
tract, but in the case of a D1<\l'l-ied womall is
the n ati on which is at war witiJ another, o r
not a contract. because she cannot bind her
a citizen or subject of such natian.
self p ersonally . e\'eu in equity. Her engage
ENFEOFF. To in vest wit.h an estate by men ts, therefore, merely operate as disposi
feoffment. To make a gift of any corporeal t.ions or appOi ntmen ts pro tanto of her sep
hereditaments to a n other . See FEOF'r':lIJ£NT. arate estat e. Swect.
riage is sol em nized, or it may refer Lo the ENLARGE. '1'0 m ak e hU'ger; to inc rease ;
nationality anJ dom icile of the parti es be to extend a time limit; to grant further time.
tween \\'hom it is solemnized. the place where Also to set at liberty one wbo bas been im
tbe union so created is to be enjoyed. 6 Prob.
prisoned or in custody.
Div. 5l.
ENLARGER L'ESTATE. A speei.. of
ENGRAVE does not includfl the process
re lease which inll l'eH by way of enl argi ng an
of rep roduci ng p ic tu res by meaus of photog estate. and consists of a co nveyan ce of the
rap hy. 5 llJatehf. 325.
ulterior i nterest to the particnlar tenant ; as
if there be te n ant for life or yea rs , re mai nde r
F
ENGROSS. To copy the
rude draft
of an instrument in a fair.. la rge hand. To to a no th er i n fee. an d he in re mainder re·
wri te out, in a large, fa i r hand. o n parch leases all bis rig ht to the particular tenant
and his h�irs , this gives him the estate in fee.
ment.
In old crim.inal 'ro buy up so
law.
1 St eph. Com nl. 518.
G
m uch of a commodity on the market as to ENLARGING. Exte n ding, or making
oota i n a monopoly anti sell agc\in at a force d more co m pl'ehe n si ve; as an enlarging statu Le,
price. which is olle ex te n d i ng the common la w.
amollnte. and the times when they become purchaser only a quitclaim of his interest in
due in a previous column of the page, and the improvements. 13 La. Ann. 410.
the amounts when received are carried for�
ENTIRE TE NANCY. A sole posses
ward into the usual cash column. Some�
sion by one person, called "severalty. " which
times, instead of entering such bills short,
is coilirary to several tenancy, where a joint
balJkers creJit the customer directly with the
or common possession is in one or more.
amount of the lJills as cash, charging interest
on any advances they may make on their ac ENTIRE USE, BENEFIT, ETC. The..
count, ,md allow him at once to draw upon words In the habenda,mot a trust-deed for the
them to that amount. If the banker becomes benefit of a marrled woman are ef]u ivalellt to
bankrupt, lhe property in hills entered short the wordR "sole use, It or "sole ami separate
does nol pass to his assignees, but the cus lise, " and consequcntly her husband tai<es
tomer is entitled to tlu:lm if they remain i n nothing under such deed. 3 Ired. Eq. 414.
bis hands. or t o their proceeds, it received, ENTIRETY. The whole, in contradis
subject to any lien the banker may have upon tinction to a moiety or part only. When land
them. ·Wharton. is conveyed to husband alld wife, they do not
ENTERTAINMENT. This word is take by moieties, but 1J0th are sRised of the en
synonymous with " board, " and includes the ti1·ety. 2 Kent, Comm . 132; 4 Kent, Comm.
ordinary necessaries of life. 2 Miles. 323. 362. Parceners. on tile other hand. have not
an enti1'ety of interest, but each is properly en
ENTICE. To solicit. persuade, or pro ti tled to the w hole of a distinct mOiety. 2
cure. 12 Abb. Pro (N. S.) 187. B1. Comm. 188.
ENTIRE. 'Vbolei without division, sep TIle word is also used to deSignate that
F
aration, or diminution. which the law considers as one whole, and not
capable of being divided into parts. Thus, a
ENTIRE CONTRACT. Where a con jUdgment, it is halo, is an entirety. and, if
tract consists or many pads, whicb may be void as to one or the two defendants, can not be
considered as parts of one whole. the contract valid as to the other. So, if a contract is an
G
is entire. When the parLs may be consid enti1'cty, no part of tbe consideration is due
ered as 80 many distinct contracls, enLered until the wbole bas been performed.
into at one time. and expressed in the same
instrument, but not thereby made one con� ENTITLE. In its usual sense, to entitle
tract. the contract is a separable contract. is to gi ve a right or title. Therefore a person
H
But. if the considera.tion of the contr<l.ct is is said to be entitled to property when be bas
single and entire, the contract must be held a right to it.
to be ent.ire, althougb the su bject of the con In ecclesiastical law. To entitle is to
tract may consist of several distinct and give a title or ordination as a m i nister.
wholly independent items. 2 Pars. Cont. ENTREBAT. L. Fr. An intruder or
517.
interloper. Britt. c. 114.
ENTIRE DAY. This phrase signifies an
ENTREGA. Span. Delivery. Las Par
undivided day. not parts of two days. An tidas. pt. 6. tit. 14, I. 1.
J
entire Jay m llst have a legal. fixed, precise
time to begin. and a fixed, precise time to ENTREPOT. A warellollse o r rn agazine
end. A day, in contemplation of law, com for the deposit of goorls. In France. a build-
prises all the twenty-Cour hours. beginning i n g or place wllere goods from abroad may be
and ending at twelve o'clock at night. 43 depOSited, and from whence they may be with
drawn for exportation to another counLry,
K
Ala. 325.
In a statute requiring the closing of all without paying a duty. Brandei Webster.
liquor saloons during " the entire day of any E N TRY. 1 . In real property law.
election," etc., this pllrase means the natural Entry is the act of going peacealJly upon a
day of twenty-fLlu r hours, commencing and piece of land which is claimed as one's own,
l
terminating at midnight. 7 Tex. App. 30; but which is held by anoLher person, wiLh the
Id. 192. intention and for the purpose of taking pos
ENTIRE INTEREST. The whole in session of the same.
terestor right, without diminution. 'Where Entry is a remedy whicb tbe law affords to an
M
injured party ousted of his lands by another per-
a person in selling his tract of land sells also
son who bas taken possession tbereof without
his enLire inLrrest i n all improvements upon right. 1'bis remedy (wbich must in all cases be
public land adjacent thereto, this vests in tht) pursued peaceably) takes place in three only out
ENTRY 424 ENTRY ON THE ROLL
of tho five specIe!' of ouster, viz., abatement, in invoices of the same, for tile pu rpose of esti.
trusion, a.nd disseisin ; for, as in these three cases
mnti n g the d u ties to be paid thereon.
tbe original entry of the wrong-doer is unlawful,
80 tho w'l'ong may be remedied by the mere entry
6. U nd er the provisions of the land la ws
of the former possessor. But it i s otherwise upon of tile United States, the t erm "entry" de
0. lliscontinunnce or deforcement. for in these lat note s the fi l ing at the land·office, or i nsc rip
ter two cases the former possessor cauuot. rem
tion upon its records. of the docu men ts re
edy the wrong by cntl'Y. but must do so by action,
qu i red to found a claim for a homestead or
inasmuch as the original entry being in these cases
lawful, and therefore conferring an apparent pre-emption right. and as prel iminary to the
right of possession, the law will not suffer such iss u i ng of a patent for the l a nd.
apparent right to be OV6l'thrown by the mere act
7. In Scotch law. The term refers to
or entry of the claimant. Brown.
An entry at common lawis nothing morc than an the acknowledgment of the title of the IIp-ir,
assertion of title by going on the land; or, if that etc . , to be admitted by the s uperi or.
was hazardous, by making continual claim. An·
ciently, an actual entry was requil'ed to be made ENTRY AD COMMUNEM LEGEM.
and a leuso executed on t.he land to sustain the ac
Entry at common law. The name oC a writ
tion of ejectment; but now nothing of that kind
is necessary. The entry (lnd the len,se, as well as
of en try which lay for a reversione r after the
the ouster, are fictions, aud nothing is required alienation and death of the partic ul ar tenant
but that the lessor should have the right to enter. for life, agai nst him who was in possession
A proceeding precisely analogous obtained in the of the land. Brown.
civil law, 1 Ala. (160.
by tbelr counsel, useJ to appear in open court Enumeratio inflrmat regulam in casie
and make their mutual statements vi'va 'Doce, bus non enumeratis. Enumeration disaf·
Instead of as at the present day delivering Ihms the rule in cases not e n umerated. Bac.
tbeir mlitual pleadings, until they arrived at Aph. 17.
the issue or precise point in dispute between
Enumeratio nnius est exclusio alte
'tbem. During the progress of this oral slate�
rius. The speCification of one thing is the
ment. a minute of the various proceedin s g exclusion of a d i fferent thing. A maxim more
was made on parchment by an officer of the
generally expressed i II the form " expressio
court apPointed for that pli ..pose. The parch
unius est exclusio alterius, " (g. 'D.)
ment then became tire record; in othor words,
the official history of the suit. Long after ENUMERATORS. Persons appointed to
the practice of oral plpading had fnllen into collect census papers or schedules. 33 & 34
disuse. it continued necessary to enter the Viet. e. 108, § 4.
proceed ings i n like manner lIpon the parch
ENURE. To operate or take effect. To
menL roll, and this was called " enlry on the
serve to the lise, benefit, or advantage of a
roll . " or making up t.he "issue roll. " But
person. A release to the tenant for life
by a rule of H. T. 4 Wm. IV., t.he practice
en"U1'CS to him in reversion ; that is. it has the
of making up the issue roll was abolisbed;
same elIect for him as for tbe tenant for life.
and it was only necessary to make up the is·
Often written " inure."
8ue in tile form prescribed for the purpose by
Ii rule of H. T . 1853, and to deliver the same ENVOY. In intern atiomd law. A pub
to the court and to the opPOSite party. The lic minister of the second ciass. ranking next
is'illc which was delivered to the cOllrt was after an ambassador.
called the "uhi prius record ; " and that was En voys are either ordi nary or extraordi
rcganleLl as the ofl.1.cial history of the suit, in nary; by Cllstom the latter is held i n greater F
like manner as the issue roll formerly was. consideration.
Under the presellt practice. the issue roll or
EO INSTANTE. At that instant; at
nisi priu.,s record consists of the papers deli v
the very or same instant; im mediately. 1
ered to the court. to facilitate the trial of the
acLion. these papers ('onsisting of the plead
Bl. Comm. 196, 249; 2 Bl. Comm. 168; Co. G
Litt. 298a; 1 Coke, 138.
i ngs sImply. with the notice of trial. Brown.
tng at a given place and time. 36 N. Y. Su· cu s to m obt ain ed i n Engla nd long after Bev·
per. Ct. 234. eral consLituLioDS were made to abolish it.
Bl ount.
EPILEPSY. In medical jurisprnd�nce.
A disease of the brain, which occurs in par. Episcopus teneat placitum, in curia
oxysms with uDcerLain i nterval s b etw een christianitatis, de iis qure mere Bunt
th em . Bpiritualia. 12 Coke, 44. A
b i sh op may
hold plea in a Court Christian of t hings
EPIMENIA. Expens es or gifts. Blount.
merely spiritual.
EPIPHANY. A Ch r istian festival, oth
EPISTOLA. A letter ; a charter; an in�
erwise called the "Manifestation of Christ to
strll m eu t in w riti ng for conveyance of lands
the Gentiles," observed nn t he 6th of Janu
or assurance of contracts. Cal vin; Spel.
ary, in honor of the appearance of thestarto
man.
the three magi. or wise men, who came to
adore the Messiah. aod bring hi m prcsenls. EPISTOLlE. In the civil law. Re
It is commonly called "Twelfth Day, " Ene. scri pts; opinions given by the emperors in
Lond. ca.'if'S su b mitted to them for decision.
Answers of the emperors to petitions.
EPIQUEYA. In Span i sh law. A term
The answers of counsellors. (jul'is.con
synonymous with " equity" in one of it s
mlti.) as Ul pian and others, to questions of
senses, and defined as "the hen ignant and
law proposed to them, were also called "epta
pr uden t interpretation of the law according
tolm. "
to the circumstances of the time. place, DDd
Opinions writteu out. The term origin al
person. "
ly signified the same as liteTm. Vicat.
EPISCOPACY. The office of overlook
EPOCH. The time at which a new com
i n g or oversee i n g ; the office of a bishop . who
putation is begu n i the time whence dates
is to overlook and oversee the concerns of
are nnmbered. Enc. Lond.
the church. .A. form of church governme nt
by diocesan bi sh ops. EQUALITY. T he condition of p ossess
ing the same rights , p rivile ges. and immuni
EPISCOPALIA. In ecclesiilstical law.
ties , and being liable to the same duties.
Synodals, pentecostals, and other customary
payments from the cler gy to Lheir diocesan Equal ity is equity. Fran. Max. 9. max:. 3.
Dishop, formerly collected by the rural deans. Thus. whore an heir buys i n an incumbrance
iJowell. for less t han is due upon it, (except it be to
p rotect an incumbrance to which he hi mself
EPISCOPALIAN. Of or per taining to
is en titled.) be shall be allowed no more thUD
episcopacy, or to the Episcopal Church.
what he really paid for it. as against other
EPISCOPATE. .A. bis h opric. The dig. incum brancel's upon the es tate. 2 Vent.
nity or office of a bishop. 353; 1 Vern. 49; 1 Salk. 155.
Episcopus alterius mandata quam re· EQUINOXES. The two period s of the
gis non tenetul' obtemperare. Co. Litt . year ( vernal equinox about Mal'cll 21st. and
134. A bishop needs not obey any mandate autumnal eqUinox about September 22d)
save the king's. when the time from the rising of the sun to
its setting is equal to the time from its set.
EPISCOPUS PUERORUM. It was an
ing to its rising. See Dig. 43, 13, 1, 8.
old custom that upon certain feasts some lay
pe1'3on should plait his hair, and put on Lhe EQUITABLE. Just; conformable to Ihe
garments of a bishop. and in them pretend principles of natural j ust ice and right.
to exercise episcopal j u risdIction . and d{) sev� Just, fair, and right, in conside rati on of
eral ludicrous act io ns , for which reason he the facts and circumstances of the individual
was called .. bishop of the boys ;" and this case.
EQUITABLE 427 EQUITY
sidered and treated as realty, antl land which reversion or remainder in real esLate. which
Is to be turned into mOlley is considered and is not recognized by the courts of law as J
trealed as money. 8 Wall. 214; 45 Pa. St. waste, but which equity will interpose to pre.
:inf." Inst. 1, 1, S. It is lherefore the bYO. "The ment.Hng of th� word ' equity,' as used In
its technical sellse In English jurispr<ldence, cornea
onym of natu ral right or justice. But in
back to this: that itis sin;ply a term descriptive 01
this sense its obligation is ethical rather than a certain field ot jurisdiction exercised, in the
jural, and its uiscussion belongs to the s phere English system, by certain courts, and of which
of morals. It is grounded i n. the precepts of the extent nnd boundaries are not marked by lines
founded upon principle so much as by the features
the conscience, not in any sanction of pos
of the original oonstitution of the EngHsh scheme
itive la w . of remedia.l law, snd the accidents of its develop
2 . In a more restrictea sense, the word de� ment. " Bisp. Eq. § 11.
nutes equal and impa rtial jnstice as between A system of jurisprudence coUateral to, and in
two persons whose rights or claims Hre i n some respects independent of, "law, " properly
so called; the object of which Is to render the ad
conrlictj j ustice. that is. a s ascertained by
ministration of justice more complete, by affording
natural reason or ethical insight, but inde reHef where the courts of law are incompetent t.o
pendent of the formulated body of law. This give it, or to give It with effeot, or by exercisiug
is not a technical meaning of the term except I
cert.ain branches of jurisdiction independently of
them. This is equity in its proper modern sense ;
in so far as courts whicb administer equity
an elaborate system cf rules and prOCllSs, adminis
seek to discover it by the agenCies above tered in many cases by distinct tribunals, (termed
mentioned. or apply it beyond lhe strict lines "courts of chancery,") and with exclusive juris
of posit.ive law. diction over certain subjects. It is "still distin
guished by its original and animating principle
3. In one of its technical meanings, equity
that no right should be without an a.dequate rem
is a body of jurisprudence, or field of j u risdic edy. " and its doctrines are tounded upon the same
tion, di ffering in its origin, theory. and meth bas is of natural justico ; but its nction has becomo
ods fl'om the common law. systematized, deprived of any loose and arbitrary
character which might once htl.Ve belonged to it,
It is a body of rules exist.iog by tho side of the and as carefully regulated by fixed rules aud prece
original civil la.w, founded 00 distinct principles, dents ns the law itself. Burrill.
and claiming incidentally to supersedo the civil Equity, in its technical und scientiflo legal uso.
law iu virtue ot a superior sanctity inherent in means neither natural justice Dor even all that por
those principles. Maine, Anc. Law. 27. tion of natural justice which is suscept.ible or b&
"As old rules become too nurrow. or are felt to be ing judicially enforced. It has a preCise, limited,
out of harmony with advan�ing Civilization, 0. rna- and definite signification, and is used to denote a
chinery is needed for their gradual enlargement system of justice whichwas administered in a par
and adaptation tone\v vlewsoJ' societ.y. One mode ticular court,-the English high court of chancery.
of accomplishing this object on a. lal'ge scale, with -which system can only be understood and ex
out appearing to disregard existing law, is the in plained by studying the history of that court, and
troduction, by the prerogative of some bigh func how it camo to exeroise what is known as its ex
tionary, of a mere perfect body of rules, discover traordinary jurisdiotion. Bisp. Eq. § 1.
able in his judicial conscience, wbich is to stand That part of the law which, having power to en·
side by side with the law of the land, overriding it forco discovery. (l) administers trusts, mort
incase of confiict, as on some titlo of inherent su gages, nud other fiduciary obligations; (2) admin
periority, but not purporting to repeal it. Such a isters and adjusts common-law right.s where the
body at rules has been called 'Equity.' " Roll. courts of com mOD lnw have no mUll hincry' i (3) sup
J"ur. 59. plies u. specific and preventive remedy tor com·
"Equity," in its technical sense, contradistin mon-law wrongs where courts of common law only
guished from natural and univel'sal equity or jus give subsequent damages. Chute, Eq. 4.
tice, may well be described as a " portion of ju g.. Equity is not the chancellor's seuso of moral
toke" or natural equity, not embodied in legislative right. 01' his sense of what is equal and just, but is
enacLmeots, or io the rules of common law, yet a complex. system of established lll.w ; and an
modified by a. due regard thereto a[!d to tho com equitable maxim-as equality is cquity-can only
plex relat.ionsand conveniences of an artificial state be applied according to established rules. 23 Me.
of socioty, and administered in regard to cases &lO.
where the particular rights, i u respect of which
relief is sought. como within some geneml class of 5. Equ ity also signines an equi table right,
rights enforced at law, or may be enforced with i. e., !l right en forceable in a cuurL of equity;
out detriment or incoovenience to lobe community ; hencp, a tllll o( comphlint which did Dot sluJ\v
but. where, as to such particular rights, the ordi
that the plaintiff hall <\ right entitling him to
nary courts of law cannot, or originally did not,
clea.l'ly afford reUef. Rob. Eq. relie f was said to be demu rrable (Ol' want of
equity; and certain rights now recognized in
4. In a still more restricted sense, it is a sys all the courLs an! still known as l<eqlliti�B, "
tem of j u risprudence, or branch of remedial from baving been originally recognized only
justice, adminislered by certain tribu nals , in the court of cilallcel'Y. �weet
dist.inct from the commun-Iaw courts. and
6DlIJo wereli to decree "equ ity " in tbe sense EQUITY, COURTS OF. Courts which
la st above given . Here it becomes a com administer justice according to the system of
plex of well-settle<l llnc1 well-understood rules, equit:'. and according to a peculiar course of
principles, and precedents. proced ure or pl'3.ctice. See EQUITY. Fre-
EQUITY. ETC. 429 ERlACE
.
qm.>ntly termed "courts of chancery. . See 1 such fl u ids AS can be discovered only by ex
BI. Comm . 92. periment, it means equally good. 7 "'all.
327.
Equity delights to do justice, and that
not by halve.. 5 Barb. 277. 280: Story, EQUIVOCAL. Having a double or sev
Eq. PI. § 72. eral meanings or senses. See AMBIGUITY.
Equity follows the law. Talb. 52. E'q EQUULEUS. .A kind of rack for extort·
uity adopts and follows the Tnlrs of law in ing confessions.
all caSt'S to which those rules may, in terms.
EQUUS C O O P E R T US. A borse
be applicahle. Equity, in dealing with cases
equipped with saddle and furniture.
of an equitable Dature, adopts and follows
the analogies furnished by the rules of la W-, ERABILIS. A maple tree. Not to be
A leading maxim of equity jurisprudence. confounded with arabilis. (arable land.)
which, however, is Dot of u n i versal appl ica.
ERASTIANS. The followers of Erastus.
tion, but liable to many exceptions. t:jtory.
The sect obtained much i nfluence in England.
Eq. Jur. § 64.
particularly among common lawyers in the
Equity looks upon that as done which time of Selden. They held that. offenses
ought to have been done. 1 Story. Eq. against religion and morality should be pun
JUT. § 64g. Equity will treat the subj ect ished by the civil power. and not by the cen
malter. as to collateral consequences and iu Bures of the church or by excolllmunicalion.
cidf'.nts. in the same manner as i f the final '�·hart.on.
acts contemplated by the parLies had been ex.
ERASURE. The obliteralion of words or
ecuted exacLly HS they ollght to have been;
marks from a written instrument by rUbbing,
F
not Rs t.he parties might bave executed them.
scraping. or scratching them out. .Also tbe
ld.
place i n a document where a wortl or WOt'dB
EQUITY OF A STATUTE. By this have bef'n so removed. The te rm is some
phrase is intended the rule of statutory con times used for Lhe removal of parts of a
struction which admits within the operation writing by any means whatever. as by can-
of a stHtute a class of cases which are neither cellation; but this is not an acc urate use. G
eXlJressly named nor excluued. but which,
from their analogy to the cases that are ERCISCUNDUS. I n the civil law. To
named, are clearly and justly within the be divided. .Tudicium familire erci8Ctmda.
a suit. for the partition of an i nheritance.
spirit and general meaning of the hnv; such
cases are said to be " within the equity of the lost. 4. 17. 4. An ancient phrase derived H
II from the Twelve Tables. Calvin.
statute.
..
EQUITY REDEMPTION. The " ERECT. One of the formal words ot
OF
right of the mortgagor of an estate to redeem incorpof:ation in royal cha.rters. "We do.
thtl sa,me after it has been forfeited. at. law. incorporate. 81'ect, ordain. narue. constitute,
II
by a breach of the conditIOn of the mortgage. and establish.
upon paying the amount of debt, interest and ERECTION. Raising u p ; building; a
costs. completecl building. In a stnt.uLe on the
Equity suffers not a. right without a. " erection" of woollen buildings, tbis term J
remady. 4 11ou\,. lust. no. 3726. does not incl ude repairing. alteration, enlarg
ing. or remova.l. See 45 N. Y . 153; 27 Conn.
EQUITY TO A SETTLEMENT. The 332: 2 Hawle. 262: 119 Mass. 254: 51 III.
equitable right of a wife. when her h usband 422.
811es in equity for the reduction of Iiel' equita
ERGO. Lat. Tl181'efore; hence; be- K
ole eBLate to lIis o w n possession, to Imve the
cause.
whole or a po rtion of such estate settled upon
herself and her children. Also a similar ERGOLABI. In the civil law. Under
'
right now recognized by the equity courts as takers of workj contractors. Cod. 4, 59.
directly to be asserted against the husband. L
II ERIACH. A term of the Irish Brehon
Also called the II wiCe's equity.
law. denoting a pecuniary mulct Ol' recom
EQUIVALENT. In patent law. The pense which 1:\ m u rderer was j udicially ('on·
term " equivalent, " when used of machines, demned to P,lY to the family or relatives of
bas a ce rtai n definite meaning: but., when his victim. It corre�ponded to the Saxon M
used with regard to the chemical actioIl3 of <I weregild . " See 4 Bl. Comru. 313.
EltIGIMUS 430 ERTIlMIOTUM
the queen's prison who bad escaped there vacant by tho extinction of tho blood of the tenant.
This extinction might either bu l)er dIV'cctwn san
from . It was obtained 011 afJIdavit from t.he guinis or else 1Jer rZeUctlLm. tenenUs, where the
judge of the court in which the action had course of descent was broken by the corruption of
been brought, and was directed to all the tho blood of the tenant. As n fee might be holden
sheriffs throughout England, commanding either of the crown or from some inferior lord, the
them to retake the prisoner and commit him escheat was not al ways t() the crown. The word J
' escheat,' in this country, at the present time,
to gaol when and where taken, there to re merely indicates the preferable right of the state
main until the debt was satisfied. Jacob; to an estate left vacant, a.nd without there being
Brown. a.ny one in existence able to make claim thereto. "
29 Amer. Dec. 232, note.
ESCAPIO QUIETUS. In old English K
law. Delivered from that punishment which ESCHEAT, WRIT OF. A writ which
by the laws of tbe foresL lay upon those whose an ciently lay for a lord, to recover possession
beasts were found upon forbiddeD laDd. of lands that had escheated to him. neg.
Jacob. Orig. 164b; Fitzh. Nat. Brev. 143.
l
ESCAPIUM.. That which comes by ESCHEATOR. In English law. The
chance or accident. Cowell. name of an officer who was apPOinted in eyery
county to look after the escheats which fell
ESCEPPA. A measure of corn. Cowell.
due to the king in that particular county,
Eschret a. derivatur a. verbo Gallico and to certify the same into the exchequer. M
eschoir, quod est accidere, quia accidit An escheator could continue in office for one
ESCHECCUM 432 ESPURIO
rear only, and was not re-eligible until three the duty imposed being that of accompanyIng
years. There does not appear to exist any the king to the wars for for ty days, at the
such officer at the present day. Drown. Se", tenanCs own charge, or sending a substitl\te.
10 Yin. Abr. 158; Co. Litt. 13b. In later times, this se rv i ce was commuted
for a certain payment in money, which was
ESCHECCUM. In old English law. A
then called " escuage certai n . " See 2 Bl.
jury or inquisition.
Com ffi . 74, 75.
ESCHIPARE. To build or eqUip. Du
ES CURARE. To scour or cleanse.
CaDge.
Cowen.
ESCOT. A tax formerly paid In bor
E S G L I S E , or EGLISE. A cburcb.
oughs a.nd corporations towards the support
Jacob.
of the community. which is called " scot and
lot. " ESKETORES. Robb ers . or destroyers at
other men's land!! and. fortunes. Cowel l.
ESCRIBANO. In Spanish law. An
officer, resem bli n g a notary in French law, ESKIPPAMENTUM. Tack!" or furni·
who has authority to set down in writing, ture; outfit. Certain towns in Engiai)d were
a.nd verify by his attestation. transactions bonnd to furnish certain ships at their own
and contracts between private persolls, and expense and with double skippage or tackle.
also judicial acts and proceediugs. Cowen.
with a tlJird person, to be delivereu on the to be performed. e. iI., the production of pa
performance of a condition, and on delivery pers. paymen t of debts. etc.
H
Est autem jus publicum et priva.tum,
ESSOIN, tI. In old English practice. To
quod ex naturalibus prreceptis aut gen
present or offer an excuse for not appea rin g
tium, aut civilibus est collectu m ; et
tn court on an appo i nted day in obed ience
quod in Jure scripto JUB appellatur, id
to a s u mmons ; to cast an essoin. Spelman.
in lege Anglim rectum esse dicitur.
This was anciently done by a person who m
tbe party seut for that purpose, call ed an
Public and private Jaw is tbat wh ich is col.
I
lected from natural pr ecepts, on the one hand
" essoi ne r. "
of nati ons , on the other of citizens; and that
ESSOIN, n. In old E n glish law. An ex which in the civil Jaw is called "jus," that, in
cuse fo r not app eari ng in court at the return the la w of England. is said to b e right. Co.
of the process. Pn'sentation of such excuse. Litt. 558. J
Spelman; 1 Hel. Pl'. 4 ; Com. Di g . "Exoine," B Est Rutem vis legem simulans. Vio
1. Essoin. is no t n o w allowed at all in per lence ma.y also put on the mask of law.
sonal actions. 2 T erm 16; 16 East, 7a ,'
S Bl. Corom. 278. note. Est ipsorum legislatorum tanquam K
viva vox. The voice of the legislators tllem
ESSOIN DAY. For merly the Hrst gen sel ves is like the li vin g voice; that is. the
eral re turn -d ay of the term, on which the languagb 9f a statu te is to be unde rstood ami
cou rts sat to receive es soin !'! . i. e .• excuses inte rpreled like o rd in ary spoke n lang uage.
for parties who did not appea r in court. ac-. 10 Coke. IOAb.
L
co rdi ng to the summons of writs. 3 BI.
Est quiddam perfectius in rebus lic
Cornm. 278, Boote. Suit at Law. 130; Glib.
itis. Hob. 11)9. There is Bo meth ing mors
Com. PI. 13; I Tidd. Pl'. 107. But. by St.
perfect in th ings allowed .
11 Geo. IV. and I Wm. IV. c. 70. § 6. these
dilYS were done away witll. 88 a part of the E S T A B L I S H. This word occurs fre- II
term. quently in the constilution of the Unit('d
Al1.DICT.LAw-28
ESTAB LISH ESTATE
States. and it is there used In different mean I "right." "title," and " i nterest," and is, in
ingo: (1) To settle firmly. to fix unalter a great degree, synonymous with all of them.
xuly; as to establish justice, which is the See Co. LiLt. 345.
avowed oblect of the co nst,i tu tion. (2) To "Est.'lte in lnnd" means the kind aud quantum
make or form; as to establish a u n i form of one's interest therein. The term is susceptible
of every possible vtU'iation i n wbicb man can be
rule of naturalization. and uniform laws on
related to tbe soil. 2 Mass. 2M.
the subject of. b;:i.nkruptcies. which evidently "Estate " is a very comprehensive word, and Big
does not mean that th�se laws shall be unal nifies the quant.ity of interest which a person bas,
terably established as justice. ( 3 ) To fOllnd. from absolute ownership down to naked posses
sion; and the quant.ity ot interest is determined
to creale. to regulate; as: UCongress shall
by t.he duration and extent. of the right of posses-
have power to eslablish post-roads a.nd post
sion. 9 Cow. 78, 81.
omces." (4) 'ro found, recognize, confirm. or
admit ; as: " Congress 811<tl1 make no la w re 2. In another sense, tbe term denotf's the
specting an establishment of re l i gion . " (5) property (real or personal) in which one has
To create, Lo ratify. or con fi r m ; as: " 'Ve, a ri ght or interest; the subject-matter ot
the people," etc ., "do orliain and establish o wnersh i p ; the corpus of property. Thus,
this constitution . " 1 Slory. Canst. § 454. we speak of a u valuable estate," "all my es
late. " " sepa rate estate," "trust estate," etc.
Establish ordinarily means to settle cert.ainly, or
fix permanently, ",hat. was before uncertain, doubt This, also, is its meaning in thE:' classifica
ful, or disputed. 49 N, H. 230. tion of property into " real estate" and "per
sonal estate."
ESTABLISHMENT. An ordinance or
The word " estate '" i s a word of the greatest ex
statute. Especially used of those ordinances
tension, and comprehends every speoies of prop
or statutes passed in the reign of Ed w. I. erty, real and peraonal. It. describes both the
2 In.t. 156; Britt. c. 21. CorPU8 and the extent or ioterest. 55 Me. 2M.
"Estate " comprehends everything a man owns,
ESTABLISHMENT 0F D O W E R. real and personal, aud ought not to be limited in
The assurance of dow er made by the husband, its construction, unless connected with some other
word whicb must. necessarily have tha.t effect.
or bis friends, before or at the time of. tho
Cam. & N. 202.
marriage. nriLt. cc. 102, 103. It means, ordinarily, the whole ot the property
owned. by any one, the realty os well as the per
ESTACHE. A. bridge or stank of stone
sonalty. Busb. Eq. 141.
or timber. Cowell.
3. In a wider sense, the term "estate" de
ESTADAL. In Spallish law. In Spanisb notes il. man ' s whole tinancial status or con.
Anv'!rica this was a measure of. land of six· dition ,-the aggregate of his interests and
teen square varas, or yards. 2 \Vhite, Recop. concerns, so far as regard!!! his situation with
139. reference to wealth or its objects, including
ESTADIA. In Spanish law. Delay in a debls and obligatio n s, as well as posseSSions
voyage, or in the deli very of cargo, caused and rights.
by the charterer or consignee, for which de Here not only property, but indebtedness, is part
murrage is payable. of the idea. 'I'he estate does not consist of the as
sets only. It it did, suoh expressions as "insolvent
ESTANDARD. L. Fr. A standard . (of estate " would be misnomers. Debts and assets,
taken togethor, constitute the estate. It is only by
Heigh ts and measures.) So cal led vecause i t
regarding tbe demands against. the original pro
..stands constant and immo vallle, and !laLh all pl'ietor as constituting, together with his resources
oLher measures coming towards it for their aV;lilal)le to defray them, one entirety, that the
,wnformity. Termes de la Ley. phraseology or the lo,\v governing what is called
"settlement of estates'" can be justified. Abbott.
ESTANQUES. Wears or kiddles in
4. The word is also used to denote the ag
}. i verso
greg ate of a man's financial concerns (as
ESTATE. 1. The interest which any one above) pe1'sonijled. Thus, we speak of
has in lands. or in any other subject of prop· "del.Jts due the �state," or say that " A. 's es
erty. 1 Prest. Est. 20. An estate ill lands. tate is a stockholder in the bank . " In this
tene m en ts, Hnd hereditaments sign ifies such sense it is a fictitious or juridical pe rson, the
interp.st as the tenant has therein. 2 £1. idea being that a man's business status con
Oomm. 103. The condiLion or circumstance tinues his existence, for its special pu rposes,
in which the owner stands w ith regard to until its final settlement and dissolution.
llis property. 2 Crabb. neal Prop . p. 2. § 942 . 5. In its broadest sense, " estate" signifies
In tilla sense, Uestatell is constantly used in the social, ci vic, or political condition o r
conveyances in connection with the words I sLanding of a pel'son ; or a class of persons
ESTATE 435 Es'rATE UI' FEE-T-UL
con sidered as gronped for social. civic. or pp for some fixed and determinate period of time;
mical pu rpos es ; as in the phrases, "the tbird as in ihe case where lands are let for tbe term
estate," lithe estates of the realm." See 1 of a ce rtain number of years, agreed Up0D
BI. Col'lOO. 153. between the lessor and the lessee. and the
"Estate " and "degree. " when used In the sense lessee enters thereon. 1 Steph. 0011110. 263.
of an individual's pOl'sonalstl.ttus. are synonymous, 264. Biac\,stone calls tbis estate a "con
and indicate the individual's rank in lile. 15 Me.
tract" for tile possessi on of lands or tene
J!l2.
ments for some determinaLe perIOd . 2 Bl.
ESTATE AD REMANENTIAM. An Coru m . 140.
e!tate in fee-simple. Glan. 1. 7, c. 1.
ESTA'J'E IN COMMON. An estate i n
ESTATE AT SUFFERANCE. The in lands beld by t wo or more persons. with in
terest of a tenant who has come rightfully terests accruing llnrler di ffe re n t title::;; or ac
into possession of lands by permission of the cruin g under the same litle, but at different
owner, and continues to occupy the same periods ; or conferrel\ by words of limitation
after the p eri od for wbich he is entitled t o importing that the grantees are to take in
hold by snch permission. 1 \VuslLb . Heal distinct shar�. 1 Steph. Corom. 323. See
Prop. 392 ; 2 Bl. COlD lll . 150 ; Co. Litt. 57b. TE..o."ANCY
. IN COMlION.
ticular heirs of bis body. 1 Steph. Comm. part or pa1·ticula of the orlgi nal one,) and
228. An estate of inheritance \)y force of the the ulterior interest, ihe II reversion." 1
statute De Donis, limited and restrained to Steph. Comm. 290. See ReVERSION.
some particular heirs of the donee, i n exclu
ESTATE IN SEVERALTY_ An es
sion of ot.hers. 2 Crabb. Real Prop. pp. 22,
tate heldby a person in his own right only,
23. § 971; Cruise. Dig. tit. 2. c. I. § 12. See
without any other' person being joined or
TAIL; FEE-'l'AIL.
connected with him in poi nt of interest, dur�
ESTATE IN JOINT TEI'ANCY. An tog his estate. This is the most common and
estate in lands or tenements granted to two usual way of holding an estate. 2 Bl Comm.
or more persons. to hold in fee-s i mple, fee 179; Cruise, Dig. tit. 18. c. 1, § 1.
tail. for life. for years, or at will. 2 Bl. ESTATE IN VADIO. An estate in
Comm. 180; 2 Crabb, Real Prop. 937. An gage orpledge . 2 Bl. Comm. 157; I Steph.
estate acquired by two or more persons in
Comm. 282.
th� same land. by the same title, (not being
8 title by descent, ) and at t he same period ; ESTATE OF FREEHOLD. An estate
and without a ny limitation by words import in land or other real property, of uncertain
ing that tlley are to talee in distinct shares. duration; that is, either of inheritance or
1 Staph. Comm. 312. The Illost remarkable which may pos si bl y last for the life of the
incident or consequence of this kind of estate tenant at the least. (as dis ti ng u ished from a
is tLJat it is subject to survi vorship. leaseh old ;) and held by a free tenure, (as lIls
tinguished from copyhold or Ville i nage . )
ESTATE IN POSSESSION. An es
tate whereby a present interest passes to and
E S TA T E OF INHERITANCE. A.
species of freehold est.:"l.te in lauds. otherwise
resides in the tenant, not depen di ng on any
caUed a "fee, " where the tenant is not only
B ul;s equen t circum sta.nce Ol' contingency. 2
HI. Corum. 163. An estnte where the tenw
entitled to enjoy the land for his own life, but
where, aHer bis death, it is cast by the law
ant is in actual pernancy, or receipt of the
upon the persons who s u ccessively represent
rents and other advantages arising therefrom,
him in pe1'petu,um, in rightof blood, accord·
2 Crabb. Real Prop. p. 958. § 2322.
iog to a cert,ti n established order of descent.
ESTATE IN REMAINDER. An es 1 Steph. COrlllll. 218; Lilt. § 1; 1 Rev. St. N.
tate limited to take effect in possession, or i n Y . p. 717. ( 722. ) § 2.
enjoyment, or i n both. subject only to any
ESTATE PUR AUTRE VIE. Estate
term of years or contingent i n terest that JUay for another's life. An estate in lands which
intervene, immediately after the regular ex·
a man hulds for the life of anotiJer persoll. 2
pi ration of a parti cular estate of freehold Bl. Comm. 120; Litt. § 56.
previously created together with it, by the
same i ns tr u men t, out of the same subject of ESTATE TAIL. See ESTATE IN FEE
prope rty, 2 Fearne, Hem. § 159; 2 B I . TAIL.
Comm. 163 ; 1 Greenl. Crllise. D i g. 701 .
ESTATE TAIL. QUASI. When a ten
ant for life grants his estate to a man and his
ESTATE IN REVERSION. A spe
heirs. as these words, though apt and proper
cies of estate in expectancy. created by operaw
to create an estate tail, cannot do so. because
tion of law. being the residue of an estate le(t
the grantor. bei ng only tenant for life. cannot
in t ue grantor. to
commence in possession
grant in perpEtuum. therefore they are said
after the determination of some particular
to create an estate tail quasi. or improvel',
estate granted ant by him. 2 Bl. Comm.
Brown.
175; 2 Cnl bb. Real Prop. p. 978. � 2345. The
residue of an l'state left in tho grantor or bis ESTATE UPON CONDITION. An
heirs, or in the heirs of a testator. commonc estate in lands. the existence of which de
ing in posses�ion on the determination ot a pends upon the happening or not happening
particularestate granted or devised. 1 Hev. of some uncertain event. whereby the estate
St. N. Y. p. 718. (723.) § 12. An estate in may be either ori:.{inally creat('d, or enlarged,
reversion Is where any estate is derived, by or finally defeated. 2 ill . Cumm. 151; 1
grant or otherwise. out of a largpr one, leav� Steph. COIl\ IlJ. 276; Co. Litt. 201a.
iog in the original owner un ullerior estate An estate baving a quali fication annexed
immediately expectant on that which is sodew to it, by which it may, upon the 11 appeni n g
rived; the latter i nterest being called the of a particular event, be cre<1ted. or elllarg�d,
" particular estate,OI ( as being only a small or destroyed. 4 Kent, Comm. 121.
ESTATE, ETC. 4�7 ESTOPPEL BY MATTER IN PAIS
ESTATE UPON CONDITION EX record, neither of the parties shall be allowed to
PRESSED . .A n estate gran'ted, either in call it in question, and have it tl"ied over again at
any time thereafter, so long as the judgment or
fee-sim ple or otherwise, with an expTess
decree stands unreversed : and when parties, by
qualificHUon annexed, whereby the estate deed or solemn act in pats, agree on a state of
gr<mted shall either commence, lJe enlarged, facts, und act on it, neither shall ever afterwal'ds
or be defeated upon performance or brea,ch be allowed to gainsay a fact so agreed all, or be
heard to dispute It; in other words, his mouth is
of such qu alification or condition. 2 B l.
shut, and he shall not say that is not true which
Camm. 154. he hud before in a solemn Ula.llDer asserted to be
An estate which is so expressly defined true. Busb. l5i.
and li mited by tilt>- words of iis creation that Equitable estoppel (or estoppel by conc1 net.
it cannot endure for any longer time than till or in pais) is the specif's of estoppel which
the contingency hap pen s UpOIl which the es equity puts upon a person who has made a
tate is to fail. 1 Steph. Coru m. 278. false representation or a concealment of ma
terial facts. with know ledge of the facts,
ESTATE UPON CONDITION IM
to a party ignorant of the truth of the mat·
PLIED. A n estate baving a condition an
ter, w ith the intention that the other party
nexed to it inseparably from iis essence and
should act upon it, and with the result that
constitution, although no co nd iti on be ex
such party is actually jnduced to act u po n it,
presseu in words. 2 HI. Corom. 152; 4 Kent.
to his damage. Bigelow, Estop. 484.
Corum. 121.
In pJeading. A plea, replicati on . or oUl-
ESTATES OF THE REALM. The er pleading, which, w i thout confeSSi ng or
lords spir itu al, the lords temporal, and t h e
denying the mutter of fact adversel y al l e ged,
commons of GreaLBritai n. 1 HI. Comm. 153.
relies merely on some matter of esto p pel as a
Sometimes called the " three estates."
ground for ex clu din g tile opposite party from
E S T E N D A R D, ESTENDART, or the allegation of the fact . Steph. PI. 219; 3 F
STANDARD. An ensign for horsemen in BI. Comm. 308.
war. A plea which neither adm its nOr denies the
facts alleged by the plainti ff. but denies Ids
ESTER IN JUDGMENT. To appear
before a tribu nat either as plaintiff or defenda
right to allege them. Gould. PI. c. 2. § 39. G
A special plea in bar, which happens where
aut. Kelham.
a man has done some act or executed some
ESTIMATE. This word is used to ex deeJ which preclllc1es him from averring l
< fly_
press the mind or j u dgment of the speaker thing to the contrary. 3 B1. Comm. 308.
or writer on the particular subject under COD H
sideratioll. It implies a cu lcu! ation or corn ESTOPPEL BY DEED is where a party
puLation, as to estimate t ill-! gain or loss of an has executed a deed, that is, a writing under
enterprise. 37 HUll, 203. sea.l (as f\ bond) reciting a certa in fact, and is
thereby precluded from afterwards denying,
ES'rOp. To stop, lHtr, or impede; to pre in any action brought upon th at instrument,
vent; to preclu de. Co. Litt. S52a. See Es the fact so recited. �teph. PI. 197. A Ulan
TOPPEL. shall always be estopped by his own deed, or
E S T O P P E L . A bar or i m pediment not permitted to aver or prove anything in
raised by the law, which preclu des a man contradicLion to w h at h e has o n ce fO solemnly
from alleging or from denying a certain fact and delibf'rately avowed. 2 BI. Comm. 295 ; J
or state of facts, in consequence of his previ Plowd. 434.
ous illlegatioll or denial or eonduet or ad
ESTOPPEL BY MATTER IN PAIS.
mission, or i n conseq uence of a finctl adjudi
An estoppl.:! ] by the con d u ct 01' ildmissions of
caLion of the matter i n a court of law.
the party; an estoppel not arising from deed
K
A. precluSion, i n law, which prevents a
or matter of record. Thus. where one Ulan
man from alleging or denying a fad, in con
has accepted rent of another, he will be es·
aequellce of his own previous act, allegation,
toppeJ. from afterwards denying. in any
or deuial of a contrary tenor. Steph. PI. 239.
An admission of so conclusive a nature
action with that person, that be was, at the L
time of such acceptance, bis tenant. Steph.
that the party whom it affects is not permit
PI. 197.
ted to aver agaillst it or offer evid ence to
controvert it. 2 Smith, Lead. Cas . 778.
The d oct ri ne of estoppels in pais is one
which, so far at least as that term is con�
Estoppel is that Which concludes and U shuts a
man's month from speaking the truth. n When a. cerned , has grown up chiefly within the last M
fact haa been agreed on, or decided in a court of few years. But it is, and al w ays was, a fa-
ESTOPPEL, ETC. 438 ET ALIUS
upon the country. The formal conclusion of formal begin n i ng of an entry of appearance
a common-law plea in bar by way of t rav erse . or of a continuance. The e quiv al ent En
The literal translation is reta ined in the mod glis h words are still used in tbis connection.
ern form.
ET NON. Lat. And not. A technical
ET EI LEGITUR IN HlEC VERBA. phrase i n pleadin g, introduces the neg
whieh
L. Lat. And it is read to hiln in these words. ative averments of a speci al traverse. It
Words forme rl y used in ente ri ng tile prayer bas th e same force and effect as the words
of oyer on record. " absque hoc. " and is occasionally used instead F
of the latter.
ET HABEAS IBI T U N C H O C
BREVE. .A nd bave you then there this ET SEQ. An abbreviation for et sequel1-
writ. The formal words directing the return tia."and the foll o w i n g . " Thus a reference
of a writ. The literai translHtion is retained to "p. 1, et seq. " means " page first and the G
in th(' modern form of a consi derabl e n um following pages. "
ber of writs.
ET SIC. And 80. In the L'ttin forms
ET HABUIT. And
he had it. A com · of pleafl i ng these were the introd n cto ry words
man phrase in the Year Bool{s. expressiv e of of a s peci al conclusion to a plea in bar, the H
tbe nllowanceof an application or demand by object being to render iL pos itiv e and not af
a party. Parn. demallda la oiew. B't ha
gumeo tati ve; as et sic nil debet.
buit, etc. M. 6 Edw. III. 49.
ET SIC AD JUDICIUM. And so to
ET HOC PARATUS EST VERIFI·
CARE. And this he is prepared to verify.
juugment. Yearb. T. 1 Edw. II. 10. I
The Latin form of conclud.ing a p lea in con ET SIC AD PATRIAM. And so to thd
fession an d a v oid ance . country. A phmse used in the Year Books,
These words wero used, when the pleadings were to record an iss ue to the country.
in Latin, at the conclusion of any pleading which
contained Dew affirmative matter. They expressed ET SIC FECIT. An d hedid so. Yeal'b.
J
tbe willingness or readiDess of the party so plead P. 9 Hen. VI. 17.
ing to establish by proof tbe matter alleged in his
pleading. A pleading which concluded in tha.t ET SIC PENDET. And so it hangs.
ma.nner was technically said to U.conclude with a
verification, II in contradistinction to a pleading
A term used in the old reports to signify that
a point was left u ndetel·m i ned. T. Raym.
K
WblCb simply donied matter alleged by the oppo
site party, and which for that reason wa.s said to 168.
U.conclude to the country. " because the party
merely put himself upon the country, or 10Ct. the ET SIC ULTERIUS. And so o n ; and
L
matter t.o tbe jury. B ro wn . 80 fllrtherj and so forth. FieLa, lib. 2, c. 50,
§ 27.
ET HOC PETIT QUOD INQUIRA.
TUR PER PATRTAM. And this he prays ET UX. An abbreviation for et llXOT,
may be in q u i red of by the country. The COll " and wife." 'Vbere a gr an tor' s wife joins
ci usion of a pl ninti ff 's pleading, te nd eri ng an h i m in Lhe conveyance, it is sumeLimes ex- flO
issue to the country. 1 Salle 6. Literally pressell (in aL�Lracts, etc.) to be by " A 13
'
translated in the m od ern forms. .et ux. II
ETIQUETTE. ETC. 440 EVI CTION
EUNUCH. A male of the human sp�cies possession of lands which he has beld, i n
who has been castrated. See Domat, liv. p U l's ua nce of the j udgmen t of a court.
returning the blow is p u nis hab le ; and, if the In a more popular sense, the term denotes
person first stdking is killed, it is murder. turning a te nant of land out of possession,
ror no man s ha ll evade the justice of the la w either by re·entry o r by legal proceedi ngs ,
by such a prE"tense. 1 TIawk. P. C. 81. So sllch as an action of ejectment. Sweet.
no one may plead ignorance of the law to By a loose extension. the term is som�
evade it. Jacob. tim es applied to the ollsting of 1\ person from
the possession of c hattels ; but, properly, it
EVASIVE. Ten ui ng or seeking to eVAde;
applies only to realty.
eludi\'e; shining; as an evasive argument or
In the civil law. The abandon1l1ent
plea .
which one is obliged to make of a thing, in
EVENINGS. In old E nglish law. The purs ua nce of a sen te nce by con
which he is
delivfiry at even or night of a certain par· demneli to do 80. Polh. ContI'. Sale, pt. 2. c. 1.
tiOD of grass, or corn, etc., to a c ustoma ry § 2, art. I, no.S3. The abandonment wh ich
ten�lnt, who performs the service of c utti n g. a buyer Is compel led to make of a thing pur·
mowing, or reaping for his lord, given h i m chase d. , in pursuance of a judicial sentence.
EVICTION 441 EVIDENCE
Eviction Is the loss sufferfd by the buyer bill of exceptions, the geneL'at term covering all
species should be used in the stat-eruent as to its
of the totality of the thing sold., 01' of a part
embracing the evidence, uot· the term "'testimony, "
tJJereof, occasioned by the right or claims of which is satisfiedifthe bill only contains a.U of that
a third person. Civil Code La. art. 25CJO. species of evidence. The statem ent that all the
testimony is in the record may, with reference to
EVIDENCE, Any s pe c ies of proof, or judicial records, properly be termed au "affirma
tive pregnant. " ao Ind. l5i.
probative m atter, lega lly pres e nt ed at tbe
The word "proof" seems properly to mean any
trial of a.n issue. by the act of the parties and thing which serves, either immediately Ol' medi·
tbroll gh the medium of witnesses. records. at.ely, to convince tbe mind of the truth or false·
doctJ ments, concrete objects. etc., for the purM hood of a fact or propof;ition. It is also applied to
the conviction generated in the mind by proof
pose cf inducing helief in the m i n ds of the
properly so called. The word "evidence." signifies,
wurt or jury as to their co nte ut ion .
in its origina.l sense, the state of being evident, 'i. C.,
The word "evidence, " in legal acceptation, inM plain, apparent, or n otoriou s. But by an almost
cludes all the means by w hich any alleged matter peculiar inflection of OU1' language, it is applied to
of fact. the truth of which is submitted to iuvestiM that which tends to render evident or to generate
gation , is established or disp roved. 1 Greenl. Ev. proof. Best, Ev, §§ 10, 11.
c. I, § 1.
'l'hat \vhich is legally submitted to a jury, to eUM Classification. There are many species of
able them to decide upon the questions in dispute evidellce. and i t is s lisceptible of being clas5 i.
or issue, as pointed out by the pleadings, nnd dis tied on several d ifferent principles. The more
tin guished from all comment aud a.rgument, is
usuni lIivisions are here subjoined.
tel'med "evidence. " 1 Starkie, Ev. pt. I, § 3.
.Evidence is eitber Judicial or ext'Tojudicial.
Synonyms distinguished. 'fhe term Judicial evidence is the means, sanctioned uy
"evidence" is to b� eare fu \ ly distinguished law. of :lscer tainin g i n a j udi cial proceeding
from its synonyms " proof" a.nd "testimony." t h e truth res pe cting a question of fact, (Code
"Proof" is the l ogica lly su tlicient reason for Civ il l'll'o c . Cal. 9 1823;) wh ile extrajudicial F
ISsenti"Cg to the truth of a proposition ad
evidence is that which is used to sa.tisl'y pri·
vanced. In its j u ridi cal sense it is a term of vate persons as to fa c ts requiring lJroof.
wille i mpurt. and comprehends everything Ev ic1ence is either p1'ima7']j or seconda1·Y.
that roily be adduced at a trial, within the Primal'Y evidence is that killd of evidence
legal ru les. for the purpose of prod uc in g COllM which, under every possible circumstance. af· G
viction in the mind of j u dge a" j l l 1'Y , aside fords the greatest certainty of the fact in
from mere arg u men t ; that is, everything that question, Thus, a written instrument is
has a p.:o ba ti ve force intrinsically. and not itself the best p oss i ble evidence of its existM
merely as a deduction from. or combination ence and contents, Secondary evideuce is H
of. origi nal probative facts. But " evidence" that which is i nferior to primary. Thus, a
is a narrower term, and includes only such copy of an instl'qrnent, or oral evidence of its
ldnds of proof as lUay be legally pr esented at conten ts, is secondary e vide nce of the i nstnl.
Ii t rial, by the act of the p:nties, a.nd through
ment and contents. Code Civil Pl'oc. Cal.
the aid of sl1ch cO;lcrete facts as witnesses,
records, or other docl1ments. Thus, to u rg e
§§ 1829. 1830. I
Primft1'y evidence is such as in itself does not
n presumption of law in sl1pport of onels case indicate the existence of other a.nd better proof.
is adducing proof, but it is not offering evi· Secondary ovidence is such as from necessity in
dence. " Testi mony . " again, is a stillmore re· some cases is Rubstituted for stronger and better
stricted term. 1t properly lDeans only such ev· proof.Code Ga. 1882, § 3761.
Pl'tma'f'!J evidence is Lhat particular means 01
J
id ence as is delivered by a witness on the trial proof which is indicated by the nature of the fact
of a call BP, either orally or in the form of affi· under investigation, as the most natu1'al and sat,..
davits or devos itions. Thus, an ancient deed. isfactory; the best evidence the nature of the case
admits ; such evidence as may be called for in the
when offered under proper circumstances, i s
evidence. but it could not strictly be called
fil'st instance, upon the pl'inciple that its nonMpr� M
duction gives rise to a l'easonable suspicion tha.t if
"testimony." "Belief" is a su bj ective condi· produced it would tend aga.inst the fact alleged.
tion re sulti ng froUl proof. It is a conviction Abbott.
of the truth of a propOSition, existing in the Evidence is eitber di1'ect or indi1'ect. Di·
mind, and induced by persuasion, proof. or rect evidence is that which proves the fact in L
argument address ed to the judgment. dispute directly , without an inference or pre
The bill of exceptions states that all the "testiM sumptiun, and which in i ts el f , if trl1e, con·
mony" is. in the record ; but this is not equivalent clusively establishes that fact; for example.
Lo a stat.ement that all the "evidence" is iu the
if the fact in d isp u te be an agreement, the
record.
But the
Testimony is oue species of
word "evidence n is a
evidence.
generic term
evidence of a witness who was p resent aud M
which includes every species of it. And, in a witnessed the making of it is direct. lndi..
EVIDENCE 442 EWBRICE
reet evid en ce is that which tends to establish rlenominated " sl ight evidence." Code Ci\'U
the fact in di sp ut e by proving an ot her, and 1'roe. Cal. § 1835.
whie!!. though true. does not of itself conclll- Conclusive ovidence. Conclusive or un
8i vely establish that fact. but which affords an answerable evidence is th at which the law
inference or p res l l mption of i ts existence; for does n ot pertuit to be contradicted; for ex
example. a witness proves an adm iss io n of ample, the record of a. co urt of competent ju
the party Lo th e fact i n d ispute. This prov es risd i ction cannot be contrad ict erl by the par
a fac t , from W h i ch i
the fact in d sp ute is in ties to it. Code Civil Proe. Cal. § 1837.
ferred. Code Civil Proe. Cal. §§ IB31. IB32. Indispensable evidence is that without
Evidence is e ither int1'insic or extrinsic. which a particular fact can not be proved.
Intrinsic evidence is th at which is derived Code Civil Proc. Cal. § 1836.
from a docu ment wi tho ut an ything to ex Documentary evidence i s that derived from
plam it. Extrinsic evidence is external ev co nven tional symbols ( s uch as letters) by
.... hleh is not contained in the
idence. o r that ' which ideas are represented on material sub
body of an agreem ent. contract, and the like. stances.
In respect to its natuTe. evidence is also of Hearsall e v iden ce is the eviden ce, not of
the following several kinds: w hat the witness kno ws himself, but of woat
Circumstantial ev id en ce. This is proof of he has heard from othe rs .
various facts or circumstances wh ich usu In respect to its object, e viden c� is of the
ally attend tile main fact in dispute, and there foll o w i ng se veral kin ds :
fore tend to prove its existence , or to sllstain, Substantive Av i d en ce is that adduced for
by their con sis te ncy, tlle hyp othesis c l ai med . the pu rp ose of proving a fact ill issue, as op
Oi,n:u,mstanti(t� evidence consists in reasoning posed to evidence gi ven for the purpose of
fro� facts which are known or proved, to estab d iscredi ting a witness, (i. e., showi ng that he
lish such as are conjectured to exist. 82 N. y, 14:1,
is ull worthy of belief,) or of corroborating
Presump tioe e viden ce . This consists at bis tes Lirn o ny. Best, Ev. 246. 773, 803.
inferences drawn by human experien ce from OO1"1'oborative ev idence is ad ditional evi.
the connection of cau se and effect, and ob dence of a diffe ren t character to tile same
servations of human conduct. Code Ga. 18S2, poi n t. Code Civil Proc. Cal. § IB39.
§ 3748. Oumulative ev idenc e is additional evidence
Prima faaie evidence. It is that wh ich of t he same character to the Same point.
suffices for the proof of a part ic i l lar fact, u n Ci vii Code Pro e. Cal. § 1838.
til contradict ed and o verc om e by other evi
dence; for ex amp le, the certificate of a re EVIDENCE OF DEBT. A term ap
pl ied to written i nstru me nts or sec uritiES for
cord i ng officer is prima facie evidence of a
l'ecord , but it may afterwards be rejected
the paym en t of money, i mporting on their
npon p roof that th e re is no such record. face the existence of a debt. 1 Rev . St. N,
Y. p. 599. § 55.
Code Ci vii Proc. Cal. § 1833.
P.,.,ima facie evidence is evidence which, stand EVIDENCE OF TITLE. A deed or
ing alone and unexplained, would maintain the
ot h er document establishing the titl e to prop
proposition and Warl'aDt the conclusion to support
which it is introduced, 97 Mass, 230, er ty, especially real estate.
Partial ev iden ce. is that which goes to EVIDENTIARY. Having the quality ot
establish a del:lched fact, in a series tend evi den ce ; constitnting evidence; evidencing.
ing to lhe fact in d isp ute. It may be re .A. term in trod uced by Bentham, and, from
ceived. subj ect to be rej ected IlS incompetent, its convenience, adopt ed by other writers,
unless connecled with the fact in dispule by
proof of other facts; for example, on an issue EVOCATION. In Fren ch law , The
of title to real property. evidence of the con withdrawal of a cause from the cogn iza nce of
tinued possessio n of a remote occupant is par an inferi or court, and bringing it before an
tial. for it is of a detached fact, wh ich may j udge . In some respects Lhis
other COllri:. or
or may llot be afterwa rds connected with tbe process resembles the proceeedin gs upon C81'..
G
bas arisen a.bundanti cautela." 8 East, 3:l6;
EX CERTA SCIENTIA. Of cortain or
.
LordElIenborongh, 4 Maule & S. 544.
sure kn o wledge T h ese w ords were ancien t--
EX ADVERSO. On the other side. 2 ly used in pate nts , and imported full knowl
Show. 461. Applie d t o cou nsel . edge of lhe subject-matter on the part of the
EX MERO MOTU. or his own mere mOil law. Cod. 2, 3, 10; Id. 5, 14, 1 ; 2 Hl.
motion; of his o w n accord; voll1ntarily a n d Corum. 445 ; Smith, Cout. 85, 86.
prosecutor. Mozley & Wbitley ; 4 Steph. EX POST FACTO. After the fact; by
Com m. 372-378 . an act or fact occurring after some previ ou s
act or fact, and relating thereto; by subse
EX OFFICIO OATH. An oath take n
quent mattt'tj the opposite of ab initio.
by offen di ng priests; abolished by 13 Car. II.
Thus, a deed may be good ab initio, or, jf
St. I , c. 12.
in va lid at its inc0lltinll, may be confirmed by
Ex pacto illioito non. 'oritur actio. matter ex post facto.
F rom an illegal contract an action dot's not
EX POST FACTO LAW. A l aw passed
nrise. Droam. Max . 742. See 7 Clark & }''' ,
after the occurrence of a fact or commission
729.
of a n act, which retrospectively changes the
EX PARTE. On one side only ; by or legal conseq uences or relations of such fact or
for one party ; done for. in behalf of. or on deed. By Const. U. S . art. I , § 10, the states
the appl i cation of , one party only. A jndi are forbillden to pass " any e:v post facto law . "
cial proceedin g. ord er. inj u nction , !;ltc., is In this co nn ectio n the phrase has a much
said to be ex parte when it is tnkcn or narrowel' meaning than its literal tra n$latio ll
g.mnted at the ins t.a n ce and for the benefit wou ld j u stify. as will appear from the ex�
of one party only. and without notice to. or tracts given belo w.
con testati on by. any person adversely in 'l'be phrase Uex '}JostfactQ, " in the constitution,
tereRted . extends to criminal and not to civil cases. And
"Ex parte," in the heading of a reported under this hoad is included : (1) Every la.w that
make� an act-ion, done before the passing of the
case. s ign i fi es that the name following is that
law, und which was inllocentwhen done, criminal,
of the party upon whose applicat i on the caee and punishes snch action. (2) Every law tbat ag
is heard. gravates a crime, or makes it greater than it was
when committed_ (3) Every law that changes tha
In its primary eense, ex p Tte. as applied to an
a
punishment, and inflicts' a greater punishment
application in a judicial proceeding, means that it
than the bw annexed to the crime when commit
Is made by a person who is not a. party to the pro
ted. (4) Every law that alters the logal rules of
ceeding, but who has a.n interest in the matter
evidence, and receives less or different testimony
which entitles him tomakethe application. 'I'hus,
than the la\v required at the time of the c(}mmis�
in a. bankruptcy proceeding or an administration
sloD of the offense, in order to convict the ofIend
action, an application by A. B., a oreditor, or the
er. All these, and similar laws, al'e prohibitcd
Uke, would be described as made � ex pwrte A. B., "
by the constitution. But a law may be ex post
i. eo, on the part of A . .B.
In its more usual seuse, ex parte means that an
!(ICto, and still not amenable to this constitutional
inhibition ; that is, provided itJD.Ollillcs, instead
application is made by one party to a proceeding
of aggravating, the rigor of the criminal law. 1B
tn the absence of the other. Thus, an ex pnrte
Ga. 102; 4 Wall. 217; 2 Wash. C. C. 866 ; 8 N. R.
injunction is one granted without the opposite
473 ; 3 Dall. 890 j S Story, Canst. 212.
party having had notice of the application. It
would not be called " ex parte" if he had proper
An ex '}Jostfacto law is one which renders an aot
notice of i� and chose not to appear to oppose it.
�
punisha le, in a manner in which it was not pun
ishable when committed. Snch a law may inflict
Sweet.
penalties on the person, or pecuniary penalties
EX PARTE MATERNA. On the moth which swell the public treasury. The legislature
is there-fore prohibited from pa�siDg a law by
er's side; of the mat erna l line.
which a man's estate, or any part of it, shall b e
EX PARTE PATERNA. On the fath seized for a.crime, which was not deolal'ed, b y some
previous law, to render him liable to such pnnish�
er's s ide ; of the paternal line_
ment. 6 Crancb, 87, 138.
The phrases " ex parte materna" and " ex parte The plai.n and obvious meaning of this prohlbl�
paterna" denote the line or blood of the mother or tion is that the legislature shall not pass any law,
father, and have DO such restricted or limited after a fact done by any citizen, whieh shall have
sense as from the mother or father exclnsively. relation to that fact, so n.s to punish that which
24 N. J. Law, 431. wus innocent when done; or to add to the pnnish�
ment of that which was criminal; or to increase
EX PARTE TALIS. A writ that lay
the malignity of a crime j or to retrench the rules
for a bailiff or receiver, who, baving a u d i of evidence, so as to make conviction more easy.
tors appointed to take his accounts. canno t This definition of an cx 'Vostjacto law is sauctioned
obtain of them rea so n able allowance, but is by long usage. 1 Blackf. 196.
The term " ex post facto law, " in the United
Cf,�t into pri eon. Fitzh. Nat. Brav. 129.
States constitution, cannot be construed to include
Ex p au cis dictis intendere plurima and to prohibit the enacting any law after a fact,
nor even to prohibit the depriving a citizen of a
possia_ Li tt. � 384. You can imply many
Tested right to property. B Dail. 386.
thi ngs from few expressi ons. II
Ex post focto "and "retrospective " are not con·
vertible terms. The latter is a term of wider sig�
Ex paucis plurima cODcipit ingenium.
nification than the former and includes it. All ex
Litt. § 550. From a few words or hints the postj'acto laws are necessarily ret.l·ospective, bul;.
understanding concei ves many things. not e con.verso. A curative or con.firn:: atol'Y stat-
EX POST FACTO LAW 447 EX UNO DISCES OMNES
ate Is retrospective, but not ex post facto. Con EX SCRIPTIS OLIM VISIS. From
stitution s of nearly all the states contain prohibi
w ritings formerly seen. .A term used as de�
tlons against ex post fucto laws, but only a few
scriptiveof that kin(l of proof ot' h an d w ri ti n g
forbid retrospective legislation in specific terms.
Black, Const. Probib. �§ 170, 172, 222. where the knowledge has been acquireu by
Retrospective la.ws dlvesting vested rights are the wi t n ess h a v ing seen letters or other doc
impolitic and unjust; but they are not " ex post uments professing to be the hand writing of
facto laws," within the meaDing of the 0005titll
the party. and baving afterwards commu ni
tiOD of the United Stntes, nor repugnant, to any
other ot its provisions; and, if not repugnant to cated personally with the party upon the co n
the state constitution, a court cannot pronounce tents of those letters or docum ents or hav .
them to be void, merely because in t.beir judgment ing otherwise acted upon them by written
ans w ers , prod ucin g further correspondence
tbey are contrary to the principles of natural jus
tice. 2 Paine, 74.
Every retrospective act is not necessarily an ex
or acquieRcence by the party i n some matter
post facto llloW. That phrase embraces only such to which they relate, or by the witness trans
laws as impose or affect penalties or forfeitures. ac tin g with tile party somB bueiness tC'l which
t Wa.ll. ]72.
th ey r elate, or by any other mode of commu
Retrospective laws which do not impair the ob·
nication between the party and the witness
ligation of contracts, or affect vested rights, or
partake of the character of ex post facto la-ws, are which, i n the ordi nary course of the trans
not prohibited b3 the constitution. B6 Ba.rb. 447. actions o f l ife. inunces a reasonable p reR u mp�
§ 5086; and § 5087 a uthorizes the examina EXCAMB. In Scotch law. Toexchange.
tion of a bankr upt's wife. 6 Bell, App. Cas. 19, 22.
l
tingui1li1ed from a mere traverse of th!;) phnn
EXANNUAL ROLL. In old E n glish
tiff's averments. Tomkins & J. Mod. Rom.
practice. A roll tnto wbich (in the old way
Li.-\,w, 90. In this usp, th!;) term conesponds
of exhibiting sheriffs' acco unts ) the ilIevia·
to the common-law p l ea i n confession and
ble fines and d esperate debts were transcribed,
a voida n ce.
not! w hich was annually read to the sberiff
upon bis accoun t ing . to see what might be EXCEPTIO DILATORIA. In the civil M
gotten. Co,'.,.e11. la w . A dilatory exceptiun ; ca l leLl also- .. tem-
AM.DICT.LAW-29
EXCEPTIO DOLI MALI 450 EXCEPl'luN
poraZts," (temporary;) one which defeated exceptIo mettl8, etc. Inst. 4, 13.9. See Dig.
the action for a time, (qum ad tempus nocet,) 44, 1, 3.
and created delay, (et temp oris dilationem In common law. A peremptory plea; a
tribuit;) such as an agreement not to sue plea in bar. Bract. fols . 240. 399b.
within a certain time. as five years. Inst.
Exceptio probat regulam. The excep
4. 13. 10. See Dig. 44. 1. 3.
tion proves the rule. 11 Coke, 41; 3 Term,
EXCEPTIO DOLI MALI. In the civil 722. Sometimes quoted with the addition
law. An exception or plea of fraud. Inst. j'de rebus non exceptis, " C'so tar as COD
4. 13. 1. 9 ; Bract. fol . 100b. cerns the matters not excepted ... )
Exceptio ejus rei cujus petitur disso
Exceptio qure fumBt legem, exponit
lutio nulla est. A plea of that matter tbe legem. An exception which confirms the
dissolution of which is sought [by the ac law explains the law. 2 BuIst. 189.
tion] is null, [or of no effect.] Jenk. Cent.
87. case 71. EXCEPTIO REI JUDlCATlE. In tho
civil law. A n exception or plea of matter
Exceptio falsi omnium ultima.. A plea
adjudged ; a plea that the subject-matter ot
denyin g a fact is the last of all. the action bad been determined in a previous
EXCEPTIO IN FACTUM. In the civil action. lust. 4, 13, 5.
law. An exception on the fact. An excep This term is adopted by Bracton , and is
tion or plea founded on the peculiar circum constantly used in modern law to denote a
stances of the case. Inst. 4, 13, I. defense founded upon a previous adjudica
tion of the same matter. Bract. fols. lOOb,
EXCEPTIO JURISJURANDI. In the 177; 2 Kent. Comm. 120. A plea 01 a for·
civil law. An exception of oath; an excep mel' recovery or judgment.
tion or plea that the matter had been sworn
to. lnst. 4, 13. 4. This kind of excep E X C E P T I O R E I VENDITlE ET
tion was al lowed where a debtor, at the in TRADIT lE. In the ci viI law. An excep
stance of his creditor, (C1'ed£toTe defeTente,) tion or plea of the sale and delivery of the
had sworn th:lt nothing was due the latter. thing. This exception presumes that there
and had notwithstanding been sued by him. was a valid sale and a proper traditionj but
Id. though, in con seq lienee of the rule that no
one can transfer to another a greater right
EXCEPTIO METUS. In the civil law.
than he himself has . no property was trans
An exception or plea of fear or compulsion. ferred, yet because of some particular circum
Inst. 4. 13. 1. 9 ; Bract. fol. 1001>. Answer·
stance the real owner is estopped from con
ing to the modern plea of duress. t.. ting it. Mackeld. Rom. Law. § 299.
Exceptio nulla. est versus actionem
Exceptio semper ultimo ponenda est.
qum exceptionem perimit. There is [can An exception should al ways be put last. 9
be] no plea against an action which destroys Coke. 53.
[tne matter of] the plea. Jenk. Cent. 106.
case 2, EXCEPTIO TEMPORIS. In the clvU
law. An exception or plea analogous to
EXCEPTIO PACTI CONVENT!. In
that of the statute of limitations in our law;
the civil law. An exception of compact; an viz . , that the time prescribed uy law for
exception or pIes that the plaintiff had agreed bripgi llg such actions bas expired. Mackeld.
not to sue. !nst. 4, 13. 3. Rom. Law. § 213.
EXCEPTIO PECUNIlE NON NU
EXCEPTION. In practice. A formal
MERATlE , An exception or plea of mone.y
objection to the action of the court. during
not paid ; a defense which might be set up
the trial of a cause. in refusing a request or
by a party who was sued ou a promise to re
overruling an objection i implying that the
pay money which he had never received.
party excepting does not acquiesce in the de-
lllst. 4. 13. 2.
cision of the court. iJut will seek to procure
EXCEPTIO PEREMPTORIA. In th e its reversal, find that he llleans to save the
civil law. A peremptory exception; called benefit of his request or objection in some
also " pe1petua, " (perpetual;) one which for future proceeding.
ever destroyed the subject-matter or ground It is also somewhat used to signify other
or the action, (qUfE semper rem de qua allU'ur objections in the course of 8 suit; for ex
pe1'imit,.) 8uch as the exceptio doli mali, the ample, exception to bail is a fOl'mal objection
EXCEPTION 451 EXCHANGE, BILL OF
tbat speci al bail offered by defendant are in.. EXCERPT A, or EXCERPTS. Extracto.
8ufficient. 1
Tidd, Pr. 255.
An exception is an objectio n upon a matter EXCESS. When a d efend ant pleaded to
of In w to a de cisi on malle. either before or aft an a cti on of assault Lbat the plaintiff tres
er judgment. hy a court. tribunal. judge. or passed on his land, and he would not depart
other j udicial officer, i n an action or proceed when ordered, whereupon he, molllter ma.'llU.t
ing. Th e exception must be taken at the imposuit, gently laid bands un h i m, the rep
time the decision is made. Code Civil Proc. lication of excess was to the effect th at the
Cal. § 646; 82 Cal. 307. deFendant used more force than n ecessary.
'Wharton.
In admiralty and equity practice . An
exception is a fo rmal al legat io n tendered by EXCESSIVE. In order that bail req ui red
a party that some previous ple ad in g or pl'O (or punishment intlicted) should be described
ceed i ng taken by the ad ver se party is insuf· as " excessive . " it mllst be, per se, u nreason ·
ficient. ably great and dearly disproportionate to the
In statutory law. An exception in 8 offense involved. or tlle pecu liar circumstan
stat ute is a clause design ed to reserve or ex ces a.ppearing must si.Jow it to be 80 in tbe
empt some individuals from the g eneral class particular case. 44 Cal. 558; 53 Cal. 410j
of persons or things to which the language of 39 Con n. 484.
the act in general attaches .
EXCESSIVE DAMAGES. Damages
An exception differs from an oxplanation, which,
by t.be use ot a 'Viilelicet, 1JTovtso, etc. , is allowed awarded by a jury which are grossly in ex
only to explain doubtful clauses precedent, or to cess of the amount warranted by law on the
separate and distribute generals into particulurs. facts and circumstances of the Case ; unrea
S Plck. 2i2.
sonable or outrageous d ama ges . A verdict
In contracts. A clause in a deed or other gl vi ng excessive d ama ges is grou nd for a F
conveyance by which the grantor excepts new trial.
something out of that which he gra.nted be
fore by the deed. Excessivum in jure reprobatur. Ex
cessus in re qua libet jure reprobatur
The distinction between o.n exception and ares
ervatlon Is that. an exceptwn 1s always of part of communi. Excess in law is
Co. Litt. 44. G
the thing granted, and of a thing in esse; a ·/"esCT- reprehended. Excess in anything is repre.
'llation is always of a thing not in es..;;e, but newly bended at common law.
created or reserved out of the land or tenoment
demised. Co. Litt. 47(£: 4 Kent, Comm. 468.
been also said that there is a. diversity between an
It has
EXCHANGE. In conveyanoing. A H
exception and a. saving, for an exception exompts mutual grant of equal in terests , ( i n lands or
clearly, but a saving goes to the matters touched, ten emp nts. ) the one in consideration of th e
and does not exempt. Plowd. 361. other. 2 Bl. Co mm . 323. In the United
In the civil law. An excep tio or plea. States, it ap pea rs. eXCha nge does not differ
Used in this sense in Louisiana. fro m bar ga in and sale. See 2 Bouv. lnst. I
DecUnato171 exceptions are such d ila to ry 2055.
exceptions as m�rely decline th e j u risd ict ion
In commercial law. A negotiation by
of the judge before whom the action is which one person transfers to ano th(>r funds
bro llgllt. Code Proc. La. 334.
J
which he has in It certai n pJace. eith er at a
Dilatory exceptions are such as do not
pric e agreed upon or which is fixed by com
Lend to defeat the action, but only to retard
mercial usage.
Its progress. The profit which arises fro m a m aritim e
Pe1'emptol71 exceptions are those which
loan, when such profit is a pe rce ntage on the
tend to the dismissal of the action. money lent, cons id eri ug it in the light ot K
m on ey lent in one place to be returned in
EXCEPTION TO BAIL. .An obj ection
anotller, with a d ifferenc e in am ou n t in the
to Lhe special 1.mil put in by the defen dan t to nn
sum ho r row ed and that paid, arisill g from
action at law III ade oy the plain tiff on gro unds
the d i tTer(>nce of time nml place. The term
of the ins ufficien cy of the bail. 1 Tidd. Pro
is commonly used ill t his sellse by French l
255.
writers. lIall, Emerig. Mar. Loans, 56n.
EXCEPTIS EXCIPIENDIS. With aU A public place wbere mercha nts , brokers.
necessary exceptions. factol's . etc., meet to tra nsact their business.
great weigbt and diffi culty, betore any judg casioned to thoso by whom the charge is to be
ment was given upon them in the court be-. paid. 11 Allen, 268.
low. It then consisted of all the judges of In English law. , The name given to the
the three superior courts of common law, duties or taxes laid on certain articles pro
and at times the lord chancellor also. duc�d and consumed at home, among wbich
EXCISE LAW 453 EXCDSATOR
spirits bave always been tho most important; t ty to the ecclesiastical j urisdiction. Fitzh.
but. exclusive of these , the duties on the Nat. Brev. 63.
l icenses of auction eers , urewers, etc., and on
Exeommunicato interdieitur omnia
the li censes to keep dogs, kill game. etc. • are
actus legitim us) ita quod agare non po
i ncl uded in the excise duties. Wharton.
test, nee aliquem eonvenire, lieat ipse
EXCISE LAW. A law i m posin g excise ab aliis possit cODveniri. Co. Litt . 133.
duties on speci fied commodi ties, anel provid Every legal act is forbid den an excornmuni·
ing fo r the collection of revenue therefrom . cated per son, 80 t hat he cannot act, nor sue
In a mora restricted and more popular any pe rs on , but he may be sned by others.
sense, a law regulating, restricting, or tax
ing the manufacture Of s ale of intoxi cati ng EXCOMMUNICATO RECAPIENDO.
liquors. A writ commanding that persons excommu·
nicated, ".rIlO for their obst.iuacy hau. beef}
EXCLUSA. In old E nglish law. A com mitted to prison, but were unla wfully
sluice to carry off water; tbe p ay ment to the set free before they h ad given caution to obey
lord for the benefit of such a sl uice. Cowell. the authority of the church, should be sought
afler, retaken, and imprisoned again. Reg.
EXCLUSIVE. Sh u tti ng out; debarring
Orig. 67.
trom i n ter feren c e or participation; vested i n
onc person alone. An excl usive r i ght is one
EXCULPATION, LETTERS OF. In
which only the grante e thereof can exercise.
Scotch law. A warrant granted at the
and from whi ch all others ar e pr obibi ted or
suit of a priso n er for citing w i tn esses in his
,hut out.
o w n defense.
A statute does not grant an "exclusive"
pri vilege or franchise, unless it shuts out or EXCUSABLE HOMICIDE. In crimi. F
e xcl udes ot hers from e nj oyi ng a s i milar priv nal law. The killing of a human being.
i lege or fra nchise. 98 N. Y. 15!. either by misadventure or i n self· defense.
The nanl'e itself imports some fault, enol', or
EXCOMMENGEMENT.
cation, (g. �.) Co. Litt. 134<>.
Excom muni
omission, so trivial, however, that the law G
excuses it from Lhe guilt of felony, though in
EXCOMMUNICATION. A sentence st rict n ess it j ud ges itdeservillg of some little
of ce ns ure pronounced byone of the s piri tual degree o f p unis h m en t, 4 Bl. Comw. 182.
It is of two sorLs ,-ei t her per iu/o1't'lmium,
H
courts for offenses falling under ecclesias
tical cogn i zance. It is described in the books by misa.dventure, or se difenderuto, upon a
as twofold : (1) The lesse1' excommunication, sud de n affray. Ho m iCide per infortuni'um
which is an ecclesiastical c e nsure, exclUding is where a man, doing a lawful act. without
lIle party from the sa.craments; (2) th e great. any i nte n ti on of hurt. unfortunately kills
I
er, which excludes h:m from the company of anoLher; but. if death ensue from any unlaw·
all Chri::;tians. Formerly. too, an e xcom m ll ful act, the offense is manslaughter, and not
nicateu. man was under various civil disabil m isadv entu re. Homicide se defendendo is
ities. He could not serve upon j u ries , or be where a man kills another upon a sudden at·
fray, merely i n his own defense, or in defense
not J
a w itness in an y co urt ; neither could he bring
an acti o n to recover l ands or money due to of il is wife. child. parent, or servant, and
him. These penalties are abolished by St. 53 from an y v i nd ic tive feel in g . 4 B l . Comm.
Geo. III. c. 127. H �teph. Comm. 721. 182.
that the defendunt had been excommunicated, or palliate a wrongfUl act in capital cases
and requiring the sheriff to arrest and im. which would not h ave the same effect in civil
in j u ries. See B room • ,Max. 324.
L
prison him, returnable to the king's bench. .
In old German law. A defendant; he and where the transaction is oompleted at the
who utterly denies the plaintiff's claim. Du moment that the agreement is made. as where
Cange. an arLicle is sold and deli vered, and payment
tberefor is made on the spot. A contract is
Excusatur qu1s quod clameum non
said to be executory where sOlDe future act ill
opposuerit, ut 8i toto tempore l1tigii
to be done, us where an agreement is made
fuit ultra mare quacunque occasione.
Co. Litt.
to build a house in six months. or to do an
260. He is excused who does not
act on or belore some future ,day, or to lend
bring bis claim, if, d uri ng the whole period.
money upon a certain interest, payable at a
in which it ought to have. been brought, be
future time. Story, Cont. 8.
bas been beyond sea for any reason.
A matter al leged as a reason for relief or sides in the tenant. oat dependent upon any
EXECUTIO. L,t. The doing or follow. cree of tbe court upon a bill fl1ed tor that
log up ot a thing; the doing a thing complete purpose. This happened generally in cases
ly or thoroughly; management or adminis where. parties having neglected to proceed
tration. upon the decree, their rights under it became
In old pra.ct ice. Execution i the final so embarrassed by a variety of subsequent
process in an action. events that it was necessary to have the de.
cree of the court to setUe and ascertain them.
EXECUTIO BONORUM. In old English Such a bill might also be brought to carry in·
law. Managemantor administration of goods. to execution the j udgment of an inferior
Ad ecclesiam et ad amicos pertinebit executio court of equity, if the jurisdiction of that
bonorum, the execution of the goods shall be court was not equal to the purpose; as in the
long to the church and to the D.-ienus of the case of a decree in Wales, which the de
deceased. Bract. fol. 60b. fendant avoided by fIt.eing into England.
rfhis species of bill was generally partly an
Executio est executio juris secundum
original bill, and partly a bill in the naLure of
judicium. S lost. 212. Execution is the
an original bill, though not strictly original.
execution of the law according to the j udg
Story. Eq. Pl. 342; Daniell. Ch. Pr. 1429.
ment.
EXECUTION OF DEEDS. The sign
Executio est finis at fructus legis.
ing, sealing. and delivery of them by the
Co. Litt. 289. Execution fa the end and fruit
parties. as their ow n acts anll deeds, i n the
of the law.
presence of witnesses.
Executio jur1s non habet injuriam.
EXECUTION PAREE. In French law.
2 Roll. SOl.
injury.
Tbe execuLion of law does no
A right founded on an act passed before a F
notary, by which the creditor may immedi
ately without citation or summons, seize and
I
EXECUTION. The completion. fulfill·
cause to be sold the property of his debtor.
ment, or perfecting of anything, or canying
The signing, out of the proceeds of which to receive his
it into operati on and effect.
sealing, and deliv61'y of a deed. The signing
payment. It imports a confession of judga G
amI puulication of a will. The performance ment, and is not unlike a wnrrnnt of o.ttor�
ney. Code Proc. La. nrt. 732; 6 Toulliert
ot a conLract according to its terms.
no. 208; 7 Toumer. no. 99.
In practice. The last stage of a suit,
whereby possession is obtained of anything
EXECUTIONE FACIENDA. A wrIt H
recovered. It is styled " anal process," and commanding execution of 8 judgment. Ob
consists in putting the sentence of the law
eolete. Cowell.
in force. 3 BI. Corum, 412. The carrying
into effect of tbe sentence or judgment of a EXECUTIONE FACIENDA IN
court. WITHERNAMIUM. A writ that lay for I
Also the name of a writ issued to a sheriff, tak i n g cattle at one who has con veyed the
constab le, or marshal, authorizing and T'e� cattle of another out of the county, so that
quiring him to execute the j udgmC'ut of the the sheriff cannot replevy them. Heg. Orig.
court. 82.
At common law. executions are said to be
J
EXECUTIONE JUDICII. A writ di.
either final or quousque; the fOflner. where
rected to Lhe judge of a n inferior court to do
complete satisfaction of the debt is iu ll'nded
execution upon a jUdgment therein. Or to re
to be procured by this proceSSj the latler,
turn some reasonable cause wherl'fore he de�
where the execution is only a means to a n
lays the execution. Fitzh. Nat. Brev. 20. K
end, a s w here the defendant is arrested
on ca. 'a. EXECUTIONER. The name given to
In criminal law. The carrying tnto ef� him who puts criminals to death, according
fect the sentence of the law by the inthetion to their sontence; a hangman.
of capital punishment. 4 BI. Comm. 403; l
4 Steph. Corum. 470. EXECUTIVE. As di'tiugllisbed from
tIle legislative and j udi cial departments of
EXECUTION OF DECREE. Some government, the executive department is that
times from the neglect of parties, or some which is charged with the detail of carrying NI
other cause, it became impossible to carry a the laws into effect and securing their due
4ecree into execution without the further de. observance. The word " executive " is also
EXE CUTIVE 456 EXECUTORY DEV[SE
F
bre via ted "ex. gr." or " e. g . "
EXECUTORY LIMITATION. A lim
itati on of a f ut ure interest by deed or will; E XEMPLIFICATION. An offi
if by wi ll . it is also called an " e xec utory de cial tran script of a document from p ublic
It
visE', records. made in form to be used as evidence.
and authenticated as a tru e copy.
EXECUTORY PROCESS. A process G
which can be resorted to in the following EXEMPLIFICATIONE. A writ grant-
cases, namely: l l ) W hen the right of the ed for the exemplification or t ra nscrip t of an
crE'ditor {lrises from all act imporLing con fes original record. Reg. Orig. 290.
sion of jUdgment. and which contains a priv
Ul"ge or mortgage in his favor; (2) when t.he
EXEMPLUM. In the civil law . Ccpy ; H
a written authorized copy. Th is word is also
creditor dema 1 llis the execution of a jud gm e n t
used ill the modern sense of "�xample, lI-ad
which has !Jeen rendered by a tribunal dif
exemplum. cons titutl singu{a1'es lion trahi,
feren� from that within wbose j urisdiction
exceptivnal things must not be taken for ex·
the execu ti on is sought. Code l')rac. La. art.
am pies. Calvin.
732.
EXEMPT, '0. To relie ve . excllse, or set
EXECUTORY TRUST. One which re
r
free from a d u ty or se v ice im posed upon the
qni res the execution of some further ins tr u
general class to w h ich tbe indi vid ual exempt-
ment. or the d oing of some further act. on
belon gs ; as to exe mpt from militia serv J
c reator of the tru�L or of
ed
the pllrt of the the
ice. See 1 St. at Larg e. 272.
trnstee. to wards its comple te creation or full
To rel ie ve certai n clas5es of property from
efIect. An execltted trust is one fully crea ted
liability to sale all execution.
and of immediate effect. These terms do not
relate to t.lw execution of the trust as regards EXEMPT, n. One who is free from lia- K
the ueneficiary. bi lity to military service; as distinguished
from a detail, wbo is o ne belonging to the
EXECUTORY USES. These are sprin g army, but detached or set apart for Lhe time
ing uses . which confer a legal title answering to some particular duty or ser vice , and liable,
to an e xecutory devise; as when a li mi tation at any time, Lo be recalled to his place in tbe l
to the use of ..t\.. in fee is defeasible by a lim ranks . 39 Aia. 379.
itation to the use of B.t to arise at a fu tu re
period, or on a given ev e nt. EXEMPTION. Freedom from a general
duty or service; im m unity from a general
EXECUTRESS. A female execntor. burdell. taxt 01' charge. M
Hardr. 165, 478. See E,{E(,U'fRIX. A privilege all ow ed by law to a j u dgment
EXEMPTION LAWS 458 EXHIBIT
by law, but excused from the performance of or dignity, by the symbolical deli very of a
duties i m posed upon o Lbers . staff or rod to the lIlieneH.
EXERCISE. To make lise of. Thus, to EXHIBERE. 1'0 present a thing cor.
.as a voucher, or in proof of facts. or as other· Abolished by St. 7 Wm. IV. and 1 Vlct. e. 80 •
u an outlaw. Jacob.
glish court of common pleas. whose duty it
was to m ake ant lhe e::ci.f/ents and proclama� EXLEGARE. I n old E ngl i sh law. To M
tio,,! in the process of outlawry. Cowell. outlaw; to dep rh'.e one of the benefit and
EXLEX 460 EXPEDIT aT.lE ARBORES
doin g suit of court, etc. New Nat. Brev. property improperly, (to the in j ury of oth·
Persocs selected by the court or parties in a bustion, causing yjolent expansion of the air, and
cause, on account of their knowledge or skiU, to accompa.nied by a report. But the rapidity of the
examine, estimate, and ascertain things and make combustion, the violence of the expansion, and the
a report of their opinions. Med. Repert. vehc:nence of the report vary in inteosity o.s often J
Pel'sons professionally acquainted with the sci as t.he OCCUl'l'euces mult.iply. Hence an explosion
ence or practice in question. Striok. Ev. 408. is an ideo. of degrees; and tbe true meaning of the
Persons conversant with the subject-ma.tter on word, in cach particular case, must be settled, not
questioos of science, skill. trade, nnd others of like by nny fixed standaril. or accurate measurement,
kind. Best, Ev. § S4G. but by the common experience and notions of men
An expert is a. person who possesses peculia.r in ma ttc.l·s of that sort. 22 Ohio St. 340. K
skill and knowledge upon the subject-matter that
he is required to give an opinion upon. 48 Vt. EXPORT, v. To se n d , tali e, or carry an
866. articlE' of trade or commerce out of the COlln
An expert is 110 skillful or experionced person; Q try . To tTl\nsp0l"t ml'rchrtudise from one
person having skill or experience, or peculiar
knowledge on certain subjects, or in certain PI'D
cOllntry to another i n the c ou rs e of trade. 'fa l
cuny alit 01' convey goods by sea.. Vaughn,
fcssions; a scientifio wItness. 45 Me. 892; 62 Me.
68. 171, 172; 5 Rarr. 50l.
ply without them are mere words or abun� first pJace, to tho lands (if any) that are In
dance. 5 Coke, 11. hypothcque, but afterwards extends to the
lands not in hypotheque. Moreover, the
Expressio unius est exclu sio alterins .
The expression of Olle thing is the exclusion debt must be of a liquidated amount. Brown.
ot another. Co. Litt. 210a. Tile express EXPULSION. A putting or driving out.
mention of one thing [person or place] i1lJ The act of depriving a member of a corpo ra
plies the exclusion DC another. tion, legislative body, assembly. society. com
Expressio unius personoo est exclusio mercial organization, etc., of his membership
a.lteriuB. Co. Litt. 210. The mention of in the same, by a Jegal vote of the body it
one person is the exclusion ot another. See self, for brt'ucil of duty. improper conduct,
Broom, Max. 651. or otlier sufficient cause.
furtt.er time for the pay m ent of his liabili othf'rwise be,or tend to pal l i ate or lessen ttl
ties. gu ilt. Such circumstances may ord i n aril y be
showl1 in order to reduce the punishment or
EXTENSION OF PATENT. an ex
damages.
tension of the life of a paten t for a.n additional
period of seven Yf.'ars, form erly allowed by EXTERRITORIALITY. The pri vilege
law in the United States. upon proof being of those perso ns ( su ch as foreign ministers)
m ade that the inventor had not succeeded in who, t hough temporar i ly res i de n t wi thi n a
obl ain i ng a reason able remuneration fro m st ate , are not subj ect to the operation of iLl
bis patent-right. This is n o longer allowed. Jaws.
except as to des igns. See Rev. St. U. S.
EXTERUS. Lat. A foreigner or alieni
§ 4924. one born abroad. The opp osi te at civis.
EXTENSO RES. In old En glish law. Exterus non habet terras. An alien
Extenders or appra i s ers. The name of cer holds no lands. Tray. Lat. Max. 203.
tain o ttieers ap poi n ted to appraise an d divide
or apportion lands. It was their duty to EXTINCT. Extinguished. A rent 11
make a survey, schedule. or i nventory of the snid to be exting u ish ed when it is d estroyed
la nds, to lay them out under certain beads, and put out. Co. Litt. 147&. See Ex
and then to ascer tain the val ue of each, as TINGUISllMEN1·.
p rep aratory to the division or pa rti tion. Extincto subj ecto, tollitur adjun ctum .
Bract. fols. 72b. 75; Britt. c. 7l. 'Vhen the subject is extin gu ished . the incl·
EXTENT. In English practice. A dent ceaSe3. Thus, when the business tor
writ of execution iss ui ng frOIll the eXCh eque r which a partnership has been formed is com
upon a debt due the crown, or upon a debt pleted. or bro ugh t to an end. t.he partnership
due a pr ivate person, if upon recognizance or it se lf ceases. lust. 8, 26. 6 j 3 Kent, Comm.
statute merch an t or stap l e, by which the 52, note.
sher i ff is directed to appraiso th e Llebtor's EXTINGUISHMENT. The destruc
Jands, and, instead of sel l i ng them, to set tion or cancellation of a right. power, con
them oft to the creditor for a wrill �uring tract. or estate. Tbe annihilat.ion of a 001.
which the rental will satisfy the judgment. lateral thing or subject in the subject itself
In Scotch practice. The value or val. out of wh ich it is d erived. Prest. Merg.
uation of 1ande. Bell. 9. For the distinction between an extinguish.
Tbe rents, prOfits, and issues of lands. ment and passing a right. see 2 Shars. Bl.
Ske ne. Comm. 325. note.
"Extinguishment" 19 sometimes confounded
EXTENT IN AID. In English practi ce.
with "merger, " though thero is a clear distinction
That kind of extent which issnes at t..h e in between them. "Merger " is only 0. mode of e.x
stance and for the benefi t of a debtor to the tinguishment, and applies to estates only under
crown, for the recovery of adebt due to him_ partoicular circumstances ; but "extinguishment"
.elf. 2 Tidd. Pro 1045; 4 Stepb. Comm. 47_ is a term of genera.l application to rights, as \fell
as estates. 2 Crabb, Real Prop. p.. 367, S 1487.
EXTENT IN CHIEF. In E n glish prac
EXTINGUISHMENT OF COMMON.
ti ce . The pri ncipal kind of extent, iss ui ng Loss of the rig ht to h ave common. This
at the suit of til e crown. for the recovery of
may h appen fro m vario us pause!i.
the crown's debt.. 4 Steph. Comm. 47. An
adverse proceedi ng by the king, for tb e re EXTINGUISHMENT OF COPY
covery of his own debt. 2 Titld. Pro 1045. H0L D. In English law. copyhold is
A
said to be eztillQ'Uished when the frt:ehold
EXTENTA MANERII. ( The extent or
,lOd copyhold interests unite in the same �,er-
survey of a manor.) The title of a statute
80n and in the same ri ght. which may be
passed 4 Ed w. 1. :::it. 1 ; being a sort of di
either by the copyh old i n terest co ming to the
recti on for making a surveu or terrier of a
freehold or by the freehold interest coming
manOT, an d all its appendages. 2 Reeve.
tothe copyhold. 1 Crabb. Real Prop. p. 670.
Eng. Law , 140.
§ 864.
EXTENUATE. To lessen ; to palliate ;
EXTINGUISHMENT OF DEBTS.
to m itigate.
This takes pla'CB by payment ; by accord and
EXTENUATING CIRCUMSTANCES. satisfaction ; by no vation, or the substitu
Such as ren der a delict or crime less aggra · tion of a ne w debtor; by merger. when the
vated, heinous, or reprehensible than it would creditor recovers a j udg m ent or acc€lpts •
EXTINGUISHMENT OF HENT 465 EXTRA-JUD1 ClU M
lftCurlty or a higher nature than the original EXTORTION. Any oppression by color
obligation; by a release; by the marriilge of or pretense of r ight . and particularly the ex
. /�m' sole creditor with the debtor. or of action by an officer of money, by color of his
aD obligee wlLh one at' two jOint obligorsj office, either when none at all Is due, or not
and where one of the parties, debtor or cred� so much is due, or when it is not yet due. 4
Iior. makes the other his executor. Uonn. 480.
Extortion consists in any public officer un
EXTINGUISHMENT OF RENT. It
• person bave a yearly rent of lands. and lawfully taking, by color of his office: from
afterwards purchase those lands. so tbat hA any porson any money or thing of value tbat
haa 88 good an estate in the Jand as in the
is not dne to him, or more than his due.
rent. the rent is extinguished. Termes de Code Ga. IS82, § 4507.
]a I y; Cowell; Co. Litt. 147. Hent may
Extortion is the obtaining of property from
..
also be extinguished by conjunction of es· another, with his COIlMnt, induced by wl'ong
tates, I>y confirmation. by grant. uy release. ful use of force or fear, or under color of of
and by surrender. 1 Crabb. Real P op. Hcial right. Pen. Code Cal. § 5 18 ; Pen.
pp. 210-213, § 209.
r
Code Dak. § 60S.
Extortion is an a.buse of publIo justice, which
consists in any omccr unlawfully taking, by color
EXTINGUISHMENT OF WAYS.
of his orece, from any man any money or tbing of
This is usually effected by unity of posses value that is not due to him, or before it Is due. 4
.ion. As if a man have a way over the close BL Comm. 141.
of another, and be purchase that close, the Extortion is any oppression under color of right.
"'ay ill extinguished. 1 Crabb, Real Prop. In s. Rtl'icter sen so. the taking o f money by any of·
In En�I1sh law. A
(Curw. Ed.) 418.
EXTIHPATION.
apecies of destruction or waste, analogous to
It is the corrupt dema.nding or receiving by
person in office of 0. fee tor services which should
a.
F
eatrepement. See ESTREPEMENT. be performed gratuitously; or, where campens,,",
tion is permissible, of a larger fee than the law
EXTIRPATIONE. A judicial writ, ei justifies, 01' a fee not due. 2 Bisb. Crim. Law,
ther before or after judgment, that Jay 1 800.
against a person who, when a verdict was The distinction between "bribery" and "extol'· 6
tion II aeems to be tbis: tbe former oJl'e nse cODsists
found against bim for land, etc., maliciously in the offering a present, or receiving one, it of·
ovorthrew any house or extirpated any trees fered i the latter, in demanding I.L fee 01' present, by
upon it. Heg. Jud. 13, 56. color of office. Jacob.
tuus. Co. Lilt. 130. He who is placed out a merc matter of comity, or may take place
of the law is civilly dead. under treaty stipulations between the two
nations. It also obtains as between the dif·
EXTRA PRlESENTIAM MARITI.
fel'ent states of the American Union.
Out of ber husband's presence.
ExtradiLion between the states must be consid·
EXTRA QUATUOR MARIA. Beyond ered and defined to be a. 'Political duty of imperfect
the four seas; out of the kingdom of Eng obligation, founded upon compact, and requiring
each state to surrender one who, having violated
lana. 1 Bl. Comm. 457.
tbe criminal laws of another state, bas fied from
EXTRA REGNUM. Out of the realm. its justice, and is found in the state from which
he is demanded, on demaud of the executive au
7 Coke, 16a 3' 2 Kent. Camm. 42, note.
thoriLy of the state from which he fied, Abbott.
EXTRA SERVICES, when used with
reference to officers. means services incident EXTRAHURA. In old English law. An
to the office in question, but for wIdell com animal wandering or strayillg abuut, without
pensation bas uot been pro'dded by law. 21 an o w n e r ; an estray. Spelman.
Ind. 32.
EXTRAJUDICIAL. That which is done,
EXTRA-TERRITORIALITY. The ex given, 01' efTected outside the course of regu
tra-territorial operation of laws; that is, their lar judicia.l proceedi ngs ; not founded upon,
operation upon persons, rights, or jural re or lIuconnecLed with, the action of a court of
lations. existing beyond the limits of the en law; as ex tru.judicial evidence. an extrajudi
acting state, but still amenable to its laws. cial oath.
r£ilat which, though done in the course of
EXTRA TERRITORIUM. Beyond or
regular judicial proceedings, is u n necessary
without the territory. 6 Din. 353; 2 Kent,
to such proceedings. or interpolated, or be
Comm. 407.
yond their scope; as an extraj udicial opinio1l,
Extra territorium jus dicenti impune (dictum.)
non paretUl'. O n e who exel'cises j urisdic That which does not belong to the judge 01'
tion out of his territory is not obeyed with his ju risdiction, notwithstanding which be
impunity. Dig . 2, 1, 20; Eranch, Prin e . ; 1 0 takes cognizance of it.
Coke, 77. He who exercises judicial author
ity beyond his proper limits cannot be obeyed EX'l'RANEUS. In old English law.
Jacob; Whishaw.
EXTRAORDINARY CARE is synony
EXTRACTA CURllE. In old English mous with greatest care, utmost care, high
law. 'fhe issues or profits of holding a court, est degree of care. 54 Ill. 19. See CARE ;
arising [rom the clistomary fees, etc. DILIGENCE; NEGLIGENCE.
EXTRAPAROCHlAL 467 EZARDAR
bllt seemed to be, as it were, detached from nisi, etc., no freeman shall be exiled, unl688,
the canon law. They continued to be called etc. Magna Charta. c. 29; 2 lnst. 41.
207.
EZARDAR. In Hindu law. .A. farmer H
EXTRINSIC. Foreign; from outside or renter of land. In the districts of Hindoo
lOurCe8j cUlton. stan.