E. E CONVERSO. On the other side or hand; on the contrary. E PLURIBUS UNUM. One from more.

The motto of the arms of the United States. EAGLE, money. A gold coin of the United States, of the value of ten dollars. It weighs two hundred and fifty− eight grains. Of one thousand parts, nine hundred are of pure gold, and one hundred of all Act of January 18, 1837, 4 Sharsw. Cont. of Story’s L. U. S. 2523, 4. Vide Money. EAR−WITNESS. One who attests to things he has heard himself. EARL, Eng. law. A title of nobility next below a marquis and above a viscount. 2. Earls were anciently called comites, because they were wont comitari regem, to wait upon the king for counsel and advice. He was also called shireman, because each earl had the civil government of a shire. 3. After the Norman conquest they were called counts, whence the shires obtained the names of counties. They have now nothing to do with the government of counties, which has entirely devolved on the sheriff, the earl’s deputy, or vice comes. EARLDOM. The seigniory of an earl; the title and dignity of an earl. EARNEST, contracts. The payment of a part of the price of goods sold, or the delivery of part of such goods, for the purpose of binding the contract. 2. The effect of earnest is to bind the goods sold, and upon their being paid for without default, the buyer is entitled to them. But notwithstanding the earnest, the money must be paid upon taking away the goods, because no other time for payment is appointed; earnest only binds the bargain, and gives the buyer a right to demand, but a demand without payment of the money is void; after earnest given the vendor cannot sell the goods to another, without a default in the vendee, and therefore if the latter does not come and pay, and take the goods, the vendor ought to go and request him, and then if he does not come, pay for the goods and take them away in convenient time, the agreement is dissolved, and he is at liberty to sell them to any other person. 1 Salk. 113: 2 Bl. Com. 447; 2 Kent, Com. 389; Ayl. Pand. 450; 3 Campb. R. 426. EASEMENTS, estates. An easement is defined to be a liberty privilege or advantage, which one man may have in the lands of another, without profit; it may arise by deed or prescription. Vide 1 Serg. & Rawle 298; 5 Barn. & Cr. 221; 3 Barn. & Cr. 339; 3 Bing. R. 118; 3 McCord, R. 131, 194; 2 McCord, R. 451; 14 Mass. R. 49 3 Pick. R. 408. 2. This is an incorporeal hereditament, and corresponds nearly to the servitudes or services of the civil law. Vide Lilly’s Reg. h. t. 2 Bouv. Inst. n. 1600, et seq.; 3 Kent, Com. 344: Cruise, Dig. t. 31, c. 1, s. 17; 2 Hill. Ab. c. 5; 9 Pick. R. 51; 1 Bail. R. 56; 5 Mass. R. 129; 4 McCord’s R. 102; Whatl. on Eas. passim; and the article Servitude. EASTER TERM, Eng. law. One of the four terms of the courts. It is now a fixed term beginning on the 15th of April and ending the 8th of May in every year. It was formerly a movable term. EAT INDE SINE DIE. Words used on an acquittal, or when a prisoner is to be discharged, that he may go without day, that is, that he be dismissed. Dane’s Ab. Index, h. t. EAVES−DROPPERS, crim. law. Persons as wait under walls or windows or the eaves of a house, to listen to discourses, and thereupon to frame mischievous tales. 2. The common law punishment for this offence is fine, and finding sureties for good behaviour. 4 Bl. Com. 167; Burn’s Just. h. t.; Dane’s Ab. Index, h. t.; 1 Russ. Cr. 302. 3. In Tennessee, an indictment will not lie for eaves−dropping. 2 Tenn. R. 108. ECCHYMOSIS, med. jur. Blackness. It is an extravasation of blood by rupture of capillary vessels, and hence it follows contusion; but it may exist, as in cases of scurvy, and other morbid conditions, without the latter. Ryan’s Med. Jur. 172. ECCLESIA. In classical Greek this word signifies any assembly, and in this sense it is used in Acts xix. 39. But ordinarily, in the New Testament, the word denotes a Christian assembly, and is rendered into English by the word church. It occurs thrice only in, the Gospels, viz. in Matt. xvi. 18, and xviii. 17; but very frequently in the other parts of the New Testament, beginning with Acts ii. 47. In Acts xix. 37, the word churches, in the common English version, seems to be improperly used to denote heathen temples. Figuratively, the word church is employed to signify the building set apart for the Christian assemblies; but the word eclesia is not used in the New Testament in that sense. ECCLESIASTIC. A clergyman; one destined to the divine ministry, as, a bishop, a priest, a deacon. Dom. Lois Civ. liv. prel. t. 2, s. 2, n. 14.

ECCLESIASTICAL. Belonging to, or set apart for the church; as, distinguished from civil or secular. Vide Church. ECCLESIASTICAL COURTS. English law. Courts held by the king’s authority as supreme governor of the church, for matters which chiefly concern religion. 2. There are ten courts which may be ranged under this class. 1. The Archdeacon’s Court. 2. The Consistory Court. 3. The Court of Arches. 4. The Court of Peculiars. 5. The Prerogative Court. 6. The Court of Delegates, which is the great court of appeals in all ecclesiastical causes. 7. The Court of Convocation. 8. The Court of Audience. 9. The Court of Faculties. 10. The Court of Commissioners of Review. ECCLESIASTICAL LAW. By this phrase it is intended to include all those rules which govern ecclesiastical tribunals. Vide Law Canon. ECCLESIASTICS, canon law. Those persons who compose the hierarchial state of the church. They are regular and secular. Aso & Man. Inst. B. 2, t. 5, c. 4, _1. ECLAMPSIA PARTURIENTIUM, med. jur. The name of a disease accompanied by apoplectic convulsions, and which produces aberration of mind at childbirth. The word Eclampsia is of Greek origin − Significat splenaorem fulgorem effulgentiam, et emicationem quales ex ocuIis aliquando prodeunt. Metaphorice sumitur de emicatione flammae vitalis in pubertate et aetaeis vigore. Castelli, Lex. Medic. 2. An ordinary person, it is said, would scarcely observe it, and it requires the practised and skilled eye of a physician to discover that the−patient is acting in total unconsciousness of the nature and effect of her acts. There can be but little doubt that many of the tragical cases of infanticide proceed from this cause. The criminal judge and lawyer cannot inquire with too much care into the symptoms of this disease, in order to discover the guilt of the mother, where it exists, and to ascertain her innocence, where it does not. See two well reported cases of this kind in the Boston Medical Journal, vol. 27, No. 10, p. 161. EDICT. A law ordained by the sovereign, by which he forbids or commands something it extends either to the whole country, or only to some particular provinces. 2. Edicts are somewhat similar to public proclamations. Their difference consists in this, that the former have authority and form of law in themselves, whereas the latter are at most, declarations of a law, before enacted by congress, or the legislature. 3. Among the Romans this word sometimes signified, a citation to appear before a judge. The edict of the emperors, also called constitutiones principum, were new laws which they made of their own motion, either to decide cases which they had foreseen, or to abolish or change some ancient laws. They were different from their rescripts or decrees. These edicts were the sources which contributed to the formation of the Gregorian, Hermogenian, Theodosian, and Justinian Codes. Vide Dig. 1, 4, 1, 1; Inst. 1, 2, 7; Code, 1, 1 Nov. 139. EDICT PERPETUAL. The title of a compilation of all the edicts. This collection was made by Salvius Julianus, a jurist who was, selected by the emperor Adrian for the purpose, and who performed his task with credit to himself. EDICTS OF JUSTINIAN. These are thirteen constitutions or laws of that prince, found in most editions of the corpus juris civilis, after the Novels. Being confined to matters of police in the provinces of the empire, they are of little use. EFFECT. The operation of a law, of an agreement, or an act, is called its effect. 2. By the laws of the United States, a patent cannot be granted for an effect only, but it may be for a new mode or application of machinery to produce effects. 1 Gallis. 478; see 4 Mason, 1; Pet. C. C. R. 394; 2 N. H. R. 61. EFFECTS. This word used simpliciter is equivalent to property or, worldly substance, and may carry the whole personal estate, when used in a will. 5 Madd. Ch. Rep. 72; Cowp. 299; 15 Ves. 507; 6 Madd. Ch. R. 119. But when it is preceded and connected with words of a narrower import, and the bequest is not residuary, it will be confined to species of property ejusdem generis with those previously described. 13 Ves. 39; 15 Ves. 826; Roper on Leg. 210. EFFIGY, crim. law. The figure or representation of a person. 2. To make the effigy of a person with an intent to make him the object of ridicule, is a libel. (q. v.) Hawk. b. 1, c. 7 3, s. 2 14 East, 227; 2 Chit. Cr. Law, 866. 3. In France an execution by effigy or in effigy is adopted in the case of a criminal who has fled from justice. By the public exposure or exhibition of a picture or representation of him on a scaffold, on which his name and the

decree condemning him are written, he is deemed to undergo the punishment to which he has been sentenced. Since the adoption of the Code Civil, the practice has been to affix the names, qualities or addition, and the residence of the condemned person, together with an extract from the sentence of condemnation, to a post set upright in the ground, instead of exhibiting a portrait of him on the scaffold. Repertoire de Villargues; Biret, Vo cab. EFFRACTION. A breach, made by the use of force. EFFRACTOR. One who breaks through; one who commits a burglary. EGO. I, myself. This term is used in forming genealogical tables, to represent the person who is the object of inquiry. EIGNE, persons. This is a corruption of the French word aine, eldest or first born. 2. It is frequently used in our old law books, bastard eigne. signifies an elder bastard when spoken of two children, one of whom was; born before the marriage of his parents, and the other after; the latter is called mulier puisne. Litt. sect. 399. EIRE, or EYRE, English law. A journey. Justices in eyre, were itinerant judges, who were sent once in seven years with a general commission in divers counties, to hear and determine such causes as were called pleas of the crown. Vide Justices in eyre. EJECTMENT, remedies. The name of an action which lies for the recovery of the possession of real property, and of damages for the unlawful detention. In its nature it is entirely different from a real action. 2 Term Rep; 696, 700. See 17 S. & R. 187, and, authorities cited. 2. This subject may be considered with reference, 1st. To the form of the, proceedings. 2d. To the nature of the property or thing to be recovered. 3d. To the right to such property. 4th. To the nature of the ouster or injury. 5th. To the judgment. 3. − 1. In the English practice, which is still adhered to in some states, in order to lay the foundation of this action, the party claiming title enters upon the land, and then gives a lease of it to a third person, who, being ejected by the other claimant, or some one else for him, brings a suit against, the ejector in his own name; to sustain the action the lessee must prove a good title in the lessor, and, in this collateral way, the title is tried. To obviate the difficulty of proving these forms, this action has been made, substantially, a fictitious process. The defendant agrees, and is required to confess that a lease was made to the plaintiff, that he entered under it, and has been ousted by the defendant, or, in other words, to admit lease, entry, and ouster, and that he will rely only upon his title. An actual entry, however, is still supposed, and therefore, an ejectment will not lie, if the right of entry is gone. 3 Bl. Com. 199 to 206. In Pennsylvania, New York, Arkansas, and perhaps other states, these fictions have all been abolished, and the writ of ejectment sets forth the possession of the plaintiff, and an unlawful entry on the part of the defendant. 4. − 2. This action is in general sustainable only for the recovery of the possession of property upon which an entry might in point of fact be made, and of which the sheriff could deliver actual possession: it cannot, therefore, in general, be sustained for the recovery of property which, in legal consideration, is not tangible; as, for a rent, or other incorporeal heriditaments, a water−course, or for a mere privilege of a landing held in common with other citizens of a town. 2 Yeates, 331; 3 Bl. Com. 206; Yelv. 143; Run. Eject. 121 to 136 Ad. Eject. c. 2; 9 John. 298; 16 John. 284. 5. − 3. The title of the party having a right of entry maybe in fee−simple, fee−tail, or for life or years; and if it be the best title to the property the plaintiff will succeed. The plaintiff must recover on the strength. of his title, and not on the weakness or deficiency of that of the defendant. Addis. Rep. 390; 2 Serg. & Rawle, 65; 3 Serg. & Rawle, 288; 4 Burr. 2487; 1 East, R. 246; Run. Eject. 15; 5 T. R. 110. 6. − 4. The injury sustained must in fact or in point of law have amounted to an ouster or dispossession of the lessor of the plaintiff, or of the plaintiff himself, where the fictions have been abolished; for if there be no ouster, or the defendant be not in possession at the time of bringing the action, the plaintiff must fail. 7 T. R. 327; 1 B. & P. 573; 2 Caines’ R. 335. 7. − 5. The judgment is that the plaintiff do recover his term, of and in the tenements, and, unless the damages be remitted, the damages assessed by the jury with the costs of increase. In Pennsylvania, however, and, it is presumable, in all those states where the fictitious form of this action has been abolished, the plaintiff recovers possession of the land generally, and not simply a term of years in the land. See 2 Seam. 251; 4 B. Monr. 210; 3 Harr. 73; 1 McLean, 87. Vide, generally, Adams on Ej.; 4 Bouv. Inst. n., 3651, et seq.; Run. Ej.; Com. Dig. h. t.;

Dane’s Ab. h. t.; 1 Chit. Pl. 188 to 193; 18 E. C. L. R. 158; Woodf. L. & T. 354 to 417; 2 Phil. Ev. 169.; 8 Vin. Ab. 323; Arch. Civ. Pl. 503; 2 Sell. Pr. 85; Chit. Pr. lndex, h. t.; Bac. Ab. h. t Doct. Pl. 227; Am. Dig. h. t.; Report of the Commissioners to Revise the Civil Code of Pennsylvania, January 16, 1835, pp. 80, 81, 83; Coop. Justinian, 448. EJUSDEM GENERIS. Of the same kind. 2. In the construction of laws, wills and other instruments, when certain things are enumerated, and then a phrase is used which might be construed to include other things, it is generally confined to things ejusdem generas; as, where an act (9 Ann. C. 20) provided that a writ of quo warranto might issue against persons who should usurp "the offices of mayors, bailiffs, port reeves, and other offices, within the cities, towns, corporate boroughs, and places, within Great Britain," &c.; it was held that "other offices" meant offices ejusdem generis; and that the word "places" signified places of the same kind; that is, that the offices must be corporate offices, and the places must be corporate Places. 5 T. R. 375,379; 5 B . & C. 640; 8 D. & Ry. 393; 1 B. & C. 237. 3. So, in the construction of wills, when certain articles are enumerated, the terra goods is to be restricted to those ejusdem generis. Bac. Ab. Legacies, B; 3 Rand. 191; 3 Atk. 61; Abr. Eq. 201; 2 Atk. 113. ELDEST. He or she who has the greatest age. 2. The laws of primogeniture are not in force in the United States; the eldest child of a family cannot, therefore, claim any right in consequence of being the eldest. ELECTION. This term, in its most usual acceptation, signifies the choice which several persons collectively make of a person to fill an office or place. In another sense, it means the choice which is made by a person having the right, of selecting one of two alternative contracts or rights. Elections, then, are of men or things. 2. − _1. Of men. These are either public elections, or elections by companies or corporations. 3. − 1. Public elections. These should be free and uninfluenced either by hope or fear. They are, therefore, generally made by ballot, except those by persons in their representative capacities, which are viva voce. And to render this freedom as perfect as possible, electors are generally exempted from arrest in all cases, except treason, felony, or breach of the peace, during their attendance on election, and in going to and returning from them. And provisions are made by law, in several states, to prevent the interference or appearance of the military on the election ground. 4. One of the cardinal principles on the subject of elections is, that the person who receives a majority or plurality of votes is the person elected. Generally a plurality of the votes of the electors present is sufficient; but in some states a majority of all the votes is required. Each elector has one vote. 5. − 2. Elections by corporations or companies are made by the members, in such a way its their respective constitutions or charters direct. It is usual in these cases to vote a greater or lesser number of votes in proportion as the voter has a greater or less amount of the stock of the company or corporation, if such corporation or company be a pecuniary institution. And the members are frequently permitted to vote by proxy. See 7 John. 287; 9 John. 147; 5 Cowen, 426; 7 Cowen, 153; 8 Cowen, 387; 6 Wend. 509; 1 Wend. 98. 6. − _2. The election of things. 1. In contracts, when a; debtor is obliged, in an alternative obligation, to do one of two things, as to pay one hundred dollars or deliver one hundred bushels of wheat, he has the choice to do the one or the other, until the time of payment; he has not the choice, however, to pay a part in each. Poth. Obl. part 2, c. 3, art. 6, No. 247; ll John. 59. Or, if a man sell or agree to deliver one of two articles, as a horse or an ox, he has the election till the time of delivery; it being a rule that "in case an election be given of two several things, always be, which is the first agent, and which ought to do the first act, shall have the election." Co. Litt. 145, a; 7 John. 465; 2 Bibb, R. 171. On the failure of the person who has the right to make his election in proper time, the right passes to the opposite party. Co. Litt. 145, a; Viner, Abr. Election, B, C; Poth. Obl. No. 247; Bac. Ab. h. t. B; 1 Desaus. 460; Hopk. R. 337. It is a maxim of law, that an election once made and pleaded, the party is concluded, electio semel facta, et placitum testatum, non patitur regress−um. Co. Litt. 146; 11 John. 241. 7.−2. Courts of equity have adopted the principle, that a person shall not be permitted to claim under any instrument, whether it be a deed or will, without giving full effect to it, in every respect, so far as such person is concerned. This doctrine is called into exercise when a testator gives what does not belong to him, but to some other person, and gives, to that person some estate of his own; by virtue of which gift a condition is implied, either that he shall part with his own estate or shall not take the bounty. 9 Ves. 515; 10 Ves. 609; 13 Ves. 220. In such a case, equity will not allow the first legatee to, insist upon that by which he would deprive another legatee under the same will of the benefit to which he would be entitled, if the first legatee permited the whole will to operate,

8 Leigh. 1 Swan. 20. to Ves. gives what belongs to another and not to him. 8. R. practice. c. _3. R. et seq. 172. may preclude the defendant from availing himself of a defence. tit. 174. 447 1 Rro. 3 Bro. It is an admitted principle. a testator undertakes to dispose of an estate belonging to B. is the intention. 303. and given rules for forming a correct judgment. Jacob. 2. It is frequently at the choice of the plaintiff what kind of an action to bring. 1 Swanst. Wms. See. whether it be a deed or a will. Inst. generally. or by necessary implication takes away the Common law remedy. 436. 404. Id. that a person shall not be permitted to claim under any instrument. 3 P. or constructive condition. ELECTION OF A DEVISE OR LEGACY. to dispose of that which is not his own. 183. P. and the cases there cited. S. 607. Pr. 408. 5. Parker. 389. or clearly implied in the will itself. 3 Bro. and. Dig. that when a statute prescribes a new remedy. 179. in the 45th vol. 9 Ves. 2 Greenl. and the benefit under it. 582. take under the condition of giving effect thereto. 243. and accept the provisions in the will. 14. To enable the practitioner to make the best election. 207. C. C. The reader will easily inform himself by examining the works above referred to. 4. without giving full effect to it in every respect. B will not be permitted to keep his own estate. & R. The foundation of the equitable doctrine of election. 5 Dana. 615. to enable him to recover his rights. 1 Ves. in his valuable Treatise on Pleadings. 541. 2 Rawle. 1 Sim. & Beat. 1 Dev. claiming under a will. 13 Ves. 17 S. which it does not fall within the plan of this work to consider. 175. Riley. Ch. Such statutory remedy is cumulative. jr. in Eq. 5 John. Id. & C. 381. generally. may obtain a judgment with the least expense and delay. Amb. 130. 1 S. 283. As to what acts of acceptance or acquiescence will constitute an implied election. Mr. & R. 315. 2. may try it in the county most convenient to himself. jr. lib. sometimes on a tacit. 2 Ves. 3 Desaus. Dig. therefore. jr. Lois Civ. 414. 38. Pl. 2 Vern. P. 9. 505. 504. R. R. 335. 5. 201. Chitty. see 1 Swan. 3. the intention of the testator must be expressed. 1 Whart. 2. and gives to the owner some estate of his own. 390. *233. as his work is in the hands of every member of the profession. 1 Swanst. 6 John. 1 Y. 6 Dow. and devise to B other lands. 1. 609. 220. 1 McClel. has very ably examined the subject. R. for example. 220. this gift is under an implied condition. Talb. C. 489. 4 Halst. and such is the. c. Roper’s Legacies. 33. a skilful practitioner would naturally select that in which his client can most easily prove what is his interest in the matter affected. 5 Greenl. 207 to 214. When a testator. C. R. several very full notes. This principle of equity does not give the disappointed legatee the right to detain the thing itself. 340. tit. that the person taking the benefit under the will should. R. but must elect whether he will part with his own estate. 182. 3. 4. 306. R. art. Appendix. so far as such person is concerned. 23. and may demand bail in error. The law frequently gives several forms of action to the injured party. Swanston to the case Dillon v. n. 1 B. 23. Forr. may most easily introduce his own evidence. 1 Suppl. or proceed at common law. may recover all his several demands against the defendant. 346. 6 Harr. 66. 490. p. 13 Price. 6 S. C. 1 Ves. liv. R. It may be laid down as a general rule. 1 Bro. a. 424. 32. unless the statute expressly. . Brown’s Practical Treatise on Actions at Law. 1. C. 2 Ves. 1. implied. Poth. 389. and enjoy at the same time the benefit of the devise or bequest made in his favor. Com. n. 3 Chit. and the learned notes of Mr. To make a proper election of the proper remedy is of great importance. the obligation of making an election. 697. temp. 15 Ves. 1 McClel. 3 Ves. 10 Ves. _1075 to 1135. 2 Rop. of the author of the instrument to which it is applied. 1 Eden. C. 2 Ves. 205. Eq. There are many other cases where a party may be compelled to make an election. If. 1 Clark & Fin. which be might otherwise establish. See. ELECTION OF ACTIONS. R. 1. White’s L.and therefore compels him to make his election between his right independent of the will. 89. R. C. 125. 7. 480.81. t. U. C. 439. 10 John. 13 Ves. R. import of the expression by which it is described as proceeding. Ch. 394. secondly. explicit or presumed. 425. but gives a right to compensation out of something else. 255. 16 John. 277. 30. 384. 536. In order to impose upon a party. 55. on this doctrine. Domat. of the Law Library. either that he shall part with his own estate. 1 Call. jr. 20.. Pand. See 2 Vern. may demand bail where it is for the plaintiff’s interest. 168. See also. sometimes on equity. S. 2. 105. Election. 433. See Cas. 65. 492. Eq. Leg. 383. Hammond on Parties to Actions. 176. 432. or not take the bounty. Jur. R. 367. the plaintiff has his election either to adopt such remedy. s. 222. Dig. C. by Toml. 1 Chit. 4. R. or bequeath to him a legacy by the same will. a reference to it here is all that is deemed necessary to say on this subject. − 3. 378. or continue in possession of the former and reject the latter. may not be embarrassed by making too. 371. 3 Desaus. 30. & John. 345. 2 Story. may entitle himself to costs. & R. Actions IV. first. in two respects. 16 2 Gill. 380 to 408. many or too few persons parties to the suit.

Sher. 3. 289. art. art. no one can be elected a senator of the United States. Ab. Vide Pow. 1. 2. shall be the president. there is one exception. s. the exceptions arise from the want of those qualifications which the constitution requires. 206. 5. h. A citizen may be ineligible in consequence of his relations to the state. The sheriff. commanding him to make delivery of a moiety of the party’s land. − 3. them from the two highest numbers on the list. Litt. that "the electors shall meet in their respective states. holds an inquest to ascertain the value of the lands and goods he has seized. 2. But no person constitutionally ineligible to the office of president. and transmit. Persons elected by the people. beasts of the plough only excepted. votes for president. and a majority of all the states shall be necessary to a choice. been a ’citizen of th e United States nine years and who shall not be an inhabitant of the. on the list of those voted for as president. S. his property. to the seat of the government of the United States. a naturalized citizen may be an elector of president of the United States. the representation from each state having one vote. No person. One who has the right to make choice of public officers one. Const. or a citizen of the United States at the time of the adoption of this constitution. as in the case of the death or other constitutional disability of the president. 556−6. Lect. state for which he shall be chosen. and of all persons voted for as vice−president. As to the law of the several states on the subject. 1 Wood. A writ of execution directed to the sheriff. however. who shall not have attained the age of thirty years. Co. ELEGIT. and they shall make distinct lists of all persons voted fur as president. and vote by ballot for president and vice−president. before the fourth day of March next following. 12. a quorum.− 1. shall be eligible to that of vice−president of the United States. in the presence of the senate and the house of representatives. Wats. Vide Ineligibility. practice. is eligible to the office of president. person have such majority. for example. and then they are delivered to the plaintiff. 2. and no person shall be eligible to that office. The qualifications of electors are generally the same as those required in the person to be elected. then the vice−president shall act as president. on the receipt of the writ. Const. 3. and a majority of the whole number shall be necessary to a choice. and in distinct ballots the person voted for as vice−president. 2. 346. 447 1 Lord Raym. of seizing land and extending it. Index. Const. ELECTORS OF PRESIDENT. law. and been fourteen years a resident within the United States. if such number be a majority of the whole number of electors appointed and if no person have a majority. the president of the senate shall. t.. except a natural born citizen. And if the house of representatives shall not choose a president whenever the right of choice shall devolve upon them. Capacity to be elected. which list they shall sign and certify. to this. Eng. In. and all his goods. by ballot. Charitable alms−giving. no person is eligible to any office. 3. the house of representatives shall choose immediately. _1448 to 1470. the votes shall be taken by states. 5 2 T. But in choosing the president. for this purpose. remedies. see 1 Hill. or relations to the state. He may be ineligible for want of certain property qualifications required by some.ELECTOR. although he could not constitutionally be elected to that office. 1. art. if such number be the majority of the whole number of electors appointed. who retains them until the whole debt and damages have been paid and satisfied. 2. one of whom at least shall not be an inhabitant of the same state with themselves. 474. − 2. Mortg. R. these are such as regard his person. ELIGIBILITY. ELEEMOSYNARY. the president. schools. the senate shall choose the vice−president. shall consist of a member or members from two−thirds of the states. holding an office incompatible with the office sought. the person having the greatest number of. then from the persons having the highest numbers. whose sole duty is to elect a president and vice− president of the U. and of the number of votes for each. directed to the president of the senate. during that term he is called tenant by elegit. Because he has not paid the taxes the law requires. and if no. who has a right to vote. a quorum for the purpose shall consist of two−thirds of the whole number of senators. sealed. Am. open all the certificates." Vide 3 Story. and the votes shall then be counted. "The person having the greatest number of votes as vice−president shall be vice−president. general. until he has attained the full age of twenty−one years. 4. Skinn. 2. . who shall not have attained the age of thirty−five years. The Constitution provides. and hospitals. not exceeding three. they shall name in their ballots the person voted for as president. because he has not resided a sufficient length of time in the state. − 2. Citizens are in general eligible to all offices. s. Eleemosynary corporations are colleges. government.

the span. and Wats. Press to the close with vigor once begun. 281. 454. 32. in this case the elisors return the writ of venire directed to them. defend the strong with art. Feb. let your matter stand Lucid in order. R. which sense it still retains in the word elbow. A measure of length. Com. 42. 6 T. If these all held. 22. 3 Bl. This term is used to denote the departure of a married woman from her hushand. Victory in law is gain’d as battle’s fought.s. ELOQUENCE OR ORATORY. P. no challenge being allowed to their array. Sher. N. Sher.ELISORS. c. animation and suitable action. ELOIGNE. but the forces brought. with a panel of the juror’s names. 355. The cubit. 706. and whoever gives her credit under these circumstances. practice. It comprehends a good elocution. 148. this first great precept ever near. for the form of this return. yet full of grace the while. yet he is bound to provide her with necessaries. ELL. Wats. mile. See. p. finger. palm. It is used as a return to a writ of replevin. (q. 296. 3 Cowen. 293. R. but when she elopes. . with fluency. when the goods have been removed to places unknown to him. solid. your matter strong and clear. p. warm and rich your style. when the chattels have been removed out of the way of the sheriff. by the Secretary of State of the United. R.) is sometimes used as synonymous with elongata. 3. the ell. hand. v. Nature has no standard of measure. R. Ev. 1 Str. Strike but few blows. 300. Appx. 2. All scatter’d fires but end in smoke and noise. 18. with power must frame Points of support. Short be your speech. not drops of sense. 647. 3 Pick. ELONGATA. and look with steady aim: Attack the weak. This word signifies. Who draws a tedious tale of learning o’er. Vide Elongata. See Report on Weights and Measures. however exceptionable her conduct may be. but strike them to the heart. the hushand is no longer liable for her alimony. R. States. and is not bound to pay debts of her contracting when the separation is notorious. Keep. 3 Bl. Who draws a labor’d length of reasoning out. If rout and ruin following close the day? What worth a hundred Posts maintained with skill. Bull. 603. Spend not your words on trifles. be pointed. pace. The word eloigne. are summarily expressed in the following lines: " Be brief. 1821. The scorn of men. Earnest your manner. does so at his peril. 289. or mille passuum. Stark. 699. then. to remove to a distance. correct and appropriate expressions uttered. 12 John. and to pay for them. practice. (being taken from the individual who uses them) varies. Fathom. Contr. but condense. when the sheriff and the coroner have been challenged as incompetent. In old English the word signifies arm. Put straws in lines for winds to whirl about. Two persons appointed by the court to return a jury. 2. (how hard the task!) leave off when done. While the wife reides with her hushand. 49. literally. The principal rules of the art. R. the foe is victor still? He who would win his cause. 4 Esp. 135. and at hand. Counts but the sands on ocean’s boundless shore. which must be sought for in other works. part 4.. Vide Withernam. ELOPEMENT. Strike with the mass of thoughts. . the idle play of boys. Not by the numbers. The act or art of speaking well upon any subject with a view to persuade. Chit. 1 Cowen. So of the foot. There turn made by the sheriff to a writ of replevin. Com. practice. What boots success in skirmishes or in fray. 301. and their return is final. and cohabits with him. 11 John. On this return the plaintiff is entitled to a capias in withernam. And leave. Severe in taste. and dwelling with an adulterer. to remove afar off.

Id. 57. 4. receive his revenues and moneys which may be due him. provides. He cannot bind himself legally. marines. 2. 912. and other judges. 2 Wheat. B. 12. in the presence of two witnesses. the performance of such contracts. shot. within any of the laces under the sole and exclusive jurisdiction of the United States. 1 Story. for all acts which have any relation to such trade. and had lands of much greater value than those in A. EMANCIPATION. the injury to the owner is the same. and the insurer is equally liable for the loss occasioned by it. Ins. The marriage of the minor is an implied emancipation. before a notary public. R. but not before he has arrived at the full age of eighteen years. 258. 4 n. C. or threatened hostilities. Emancipation. or order of state. if the family meeting. 6 T. Chan. the lands in the other county were decreed to pass by the word elsewhere. crim. 10 East. law. 2 Vern. art. P. 441. 3 Atk. de Droit. s. 247. EMBARGO. of itself. 560. of the father or mother. 1 East. R. and may pass all act’s which may be confined to such administration. 7 Mass. And leave. maritime law. or habiliments of war. 2 Vern. 517. for any sum exceeding the amount of one year of his revenue. does not. It is only a temporary restraint imposed by authority for legitimate political purposes. 1790. 276. 254. 3. Vide Alibi.. R. B and C. R. 4 East. the personal goods of another. Diet. An act by which a person. powder. 1 Vern. B and C. . c. whenever the minor contracts engagements which exceed the limits prescribed by law. C. be of opinion that he is able to administer his property. the word elsewhere. U. see 3 Atk. The detention of ships by an embargo is such an injury to the owner as to entitle him to recover on a policy of insurance against "arrests or detainments. 456. An embargo detaining a vessel at the port of departure. Express emancipation. by promise or obligation." And whether the embargo be legally or illegally laid. Cowp. 405−434. R. Com. 88. for the purpose of applying it to his own use. or of any victuals provided for the victualling of any soldiers. B. 5. L. was adjudged to be the same as if the testator had said he devised all his lands in the three towns particularly mentioned. shall take and carry away. c. that if any person. 2.So may you reach the loftiest heights of fame. who was once in the power of another. he is considered as leaving arrived to the age of majority. B. c. to that effect. Wms. 546−566. 308. if be has no father. grant leases. EMBEZZLEMENT. United States. 5 6. prohibiting the departure of ships or goods from some. Marsh. The minor may be emancipated against the will of his father and mother. R. 1 Bell’s Com. and elsewhere. When he is engaged in trade. whatever be the manner in. 496. 3. de Jurisp. or upon the high seas. 477. which suspends. S. filial emancipation is recognized. 5 Johns. with which the party has been entrusted.. or all the ports of such state. 3. In another place. 480. or if any person or persons. 1 Kent. Diet. par Ferriere. & P. Emancipation is express or implied. 3. minors may be emancipated. when life is past. for a time. The orphan minor may. See Manumission. 10. − 2. s. or the contract with the seamen. B y the laws of Louisiana. 11 Verm. R. under certain restrictions. likewise. The minor may be emancipated by his father. 351. 8." ELSEWHERE. By the English law. or. chiefly. in the case of lands not purchased at the time of making the will. Ch. 259. 8 T. The emancipation. work a dissolution of a charter party. R. 2 Barr. 148. 202. the charge or custody of any arms. As to the effect of the word elsewhere. Code Civ. 5. 6. and by Lord Chancellor King. a deathless name. 5th ed. Rep. and give receipts for the same. usually issued in time of war. See also Prec. 86. in another county. J. refuse him support. with an intent to steal or purloin. ordnance. or give him corrupt example. and leaves the rights of parties untouched. 492. 2. 1. The fraudulently removing and secreting of personal property. 2. three distinct towns. or in the course of the voyage. when they ill treat him excessively. is rendered free. munition. This emancipation takes place by the declaration. 5 Bro. 808. 479. in relation to the parochial settlement of paupers. 1. at any time hereafter. 60 1 Bell’s Com. S. 1. 8 T. The minor who is emancipated has the full administration of his estate. The Act of April 30. See Coop. may be revoked. tit. 2 Vent. until further order. gunners. A proclamation. 461. 16. assisted by Raymond. See 3 T. by his mother. or in any other place whatever. belonging to the. 58. 517. 3 P. 2 East. which it may have been effected. 2. having. or pioneers. 325 . 355. 3 B. Where one devises all his land in A. called to that effect. Civil Code of Louisiana. tit. Justin. be emancipated by the judge. 2 Dall. 860.

529. that if any wines. 3. not exceeding thirty−nine stripes. 104. he is solely responsible. hiding. crim. 1 Marsh. Ang. as to the proportion of fine gold or fine silver therein contained.) shall. though they are annual.shall. 183. be committed to their charge for the purpose of being coined. 3 Penna. He who. in proportion to their wages. when it is made by the crew. Ins. 55. Ex. or person who shall commit any. G. or shall be of less weight or value than the same ought to be. every such officer. or by act of the law. that when the estate is terminated by the act of God in any other way than by the death of the tenant for life. Litt. the offence of embezzling letters is punished with fine and imprisonment. t. 151.. or either. and having received some reward so to do. Co. The Act of April 20. or convey away. Wat. embezzled or purloined the one moiety to be paid to the owner of the goods. deposited under the provisions of this act. 55. 3 Story. L. 4. 471. (knowing of. not exceeding the fourfold value of the property so stolen. in certain cases. 3 Kent. Vide Letter. fraud. EMBRACEOR. Biens G. Rep. 237 Toll. R. Com. his executors shall have the emblements. or otherwise. 3 Story. When an embezzlement of a part of the cargo takes place on board of a ship. c. Part. and the person or persons so embezzling. or the United States. The presumption of innocence is always in favor of the crew. or wittingly. and for other purposes. t. promises. Hardin. (q. or any of the coins which shall be struck or coined. Litt. they are bound to contribute to the reparation of the loss. Dig. and of purpose to hinder or impede the service of the United States. 1818. But persons learned in the law may speak in a case for their clients. Litt. for any lucre or gain. or fraudulently hid or removed. 1825. all must contribute. Ins. or other spirits. By this term is understood the crops growing upon the land. aiders and abettors. munition. R. s. rights. or persuasions. Dane’s Ab. nor more than ten years. habiliments of war. H 3. at the said mint.. or "great manurance and industry. Co. 9 Johns. enacts. they shall be forfeited. h. strong presumptions of guilt apply to the whole crew. t. the persons so offending. or aiding or assisting therein. comes to the bar with one of the parties. 3 Story. as the case may be. & T. Dane’s Ab. Index. A person who is guilty of embracery. 112. and shall be sentenced to imprisonment and hard labor for a term not less than one year. threats. Com. 364 Woodf. from any store or place wherein they shall have been deposited. 4. 369. on conviction. 194. pursuant to the several acts relative thereto. It is a general rule. embezzle.. or stands there to survey or overlook them. or any way incline them to be more favorable to the one side than to the other. or removing the same. and the like. and the guilt of the parties must be established. 6.. 5. with a fraudulent intent and if any of the said officers or persons shall embezzle any of the metals which shall. as a return for the labor and expense of the deceased in tilling the ground. 347. Dig. Inst. purloin. whether the juror on . h. s. An attempt to corrupt or influence a jury. or victuals. and the other moiety to the informer and prosecutor. that then. and be publicly whipped. Ham. and from the circumstances of the case. shall be debased. Ab Executors. Index. beyond all reasonable doubt. and privy to the offences aforesaid. 91: 8 Vin. h. either from the fault. advisedly. Co. Index. By crops is here meant the products of the earth which grow yearly and are raised by annual expense and labor. shall be embezzled. 496. be fined. 2006. EMBLEMENTS. Co. and shall be fined in a sum not exceeding ten thousand dollars. Bac. Wesk. but not fruits which grow on trees which are not to be planted yearly. their counsellors. 1 Penna. thereby to put them in fear and doubt of the matter. & P. v. at any time. shot or powder. speaks in the case or privily labors the jury. connivance or negligence of any of the crow. but the particular offender is unknown. 1 Chit. for the purpose of profit or gain. of the said offences. shall be deemed guilty of felony. 4 B. or made worse. when a matter is on trial between party and party. shall be liable to the same pains and penalties as if such wines or spirits had been fraudulently unshipped or landed without payment of duty. and then it is enacted. the tenant is entitled to the enablements. ordnance. Biens. and in every of the cases aforesaid. passed March 3. 184. 1 Bouv. The act more effectually to provide for the punishment of certain crimes against the United States. before they can be required to contribute. 3 Johns. Com. 5. that if any of the gold or silver coins which shall be struck or coined at the mint of the United States. law. passed March 3. any of the said arms. criminal law. 241. When the embezzlement is fixed on any individual. Terms de la Ley. 1825. book 2. through the default or with the connivance of any of the officers or persons who shall be employed at the said mint. 1 Mason’s R. 17. or grass. and when he dies before harvest time. b. 1991." such as grain. By the 21st section of the act to reduce into one the several acts establishing and regulating the post−office. Ab. P.) EMBRACERY. by money. 2. 24. 1715. be deposited in the public warehouses of the United States. directs that wines and distilled spirits shall. or some of the crew.

b. t. thus it is usual to say. it signifies he who commands. jur. 66. Inst. A title of honor given to cardinals. or whether the Verdict be true or false. and should pay for it an annual rent. Dy. 560. Pand. Noy. 2 So.. EMPALEMENT. EMPEROR. b. Eng. 2. 560. on condition that he should: improve it. planting or cultivating it.) madder. 36. B. 1 Str. 36. EMMENAGOGUES. Bac. M 3. This ancient word is said to be used in the accounts of the inner temple. Expatriation is the act of abandoning one’s country. It. v. tit. 259. Faber. EMINENT DOMAIN. 3 Paris and Fonbl. In cases of rape. This has a striking resemblance to a ground−tent. med. if he has any. and who takes his family and property. De jure emphyt. R. 30 p. 568 1 U. mercury. Dig. 810. 2) tit. c. A punishment in which a sharp polo was forced up the fundament. 19. Vide 2 Kent. 351. EMENDALS. the title emperor was the generic name given to the commanders−in−chief in the armies. Encyc. EMPHYTEOSIS. Com. The act by which any matter whatever is thrown from the body. 643. Vatt. med. They are sometimes used for the criminal purpose of producing abortion.) They always endanger the life of the woman. 3. it may be left to the jury whether emission did or did not take place. senega. v. when the fact of penetration is proved. 4 Pet. 25. & M. Literally. 3. P. The name of a class of medicines which are believed to have the power. The tenth section of the first article of the constitution. 84. Dict. 118. To emit bills of credit is to issue paper intended to circulate through the−community for its ordinary purposes. Under the Roman republic. Hawk. 2. EMISSARY. &c. One who is sent from one power or government into another nation for the purpose of spreading false rumors and to cause alarm. and pennyroyal. (q. to resume the same for public use. in stock. Litt. mot. 3. 157. they are both derived from the. Law.). Const. Hob. where so much in emendals at the foot of an account signifies so much in bank. To make a list or roll. for the supply of emergencies. 369. 140 1 Russ. of favoring the discharge of the menses. and under a condition that the grantor should never re−enter as long as the rent should be paid to him by the grantee or his assigns. EMIGRANT. and was afterwards honored with the title by a decree of the senate. Ab. EMINENCE. To put out. R. Dig. Car. The name of a contract by which the owner of an uncultivated piece of land granted it to another either in perpetuity. C. by the sheriff or other authorized officer.) EMISSION. h. (vide Juneperius Sabina. Med. 601. a. hist. 88. Law Dict. See 2 Hill. civil law. while emigration is. Aled. Proof of emission would perhaps be held to be evidence of penetration. practice. See Dominium. Crim. Ayl. Jur. But even then the application of the word was restrained to the successful commander. n. h. t. h. jur. Co. 1. R. 143. Definit. 1. verb imperare. Eq. S. TO EMIT. See Nouveau Denisart. Parr’s Med. TO ENPANEL. 316. Juries. Addis. 1 East. 5 Cowen. 102. to send forth. 19. Diet. a. with a design to settle elsewhere. 2. among which is the following: No state shall emit bills of credit. mot Emphyteose. with a right to the grantee to alienate it. v. emission of urine. 1. applied to the act of removing from one part of the country to another. 18 Toull. 312 3 Toull. t. 2 Chitty. The lawful gain or profit which arises from an office. _224. 4. 503. Lond. pl. 23. n. of the names of jurors who are summoned to appear for the performance of such service as jurors are required to perform.whom such attempt is made give any verdict or not.. These are black hellebore. This word is synonymous with the Latin imperator.) but there is some difference in the signification. (q. 2. or transmit it by descent to his heirs. Cunn. Com. 1 Beck’s Med. 23. _1358. s. perhaps not strictly. law. Jur. savine. Grotius. as money. Vide Bills of credit. 410. with him. an officer. Ab. EMOLUMENT. Story on Const. or for a long time. Merl. One who quits his country for any lawful reason. which paper is redeemable at a future day. Ersk. Emphyteose. is now used to designate some sovereign prince who bears this title. Dungl. (q. C. contains various prohibitions. who was declared emperor by the acclamations of the army. 432. polygala. Reper. 294. emission of semen. v. 1 Beck’s Medical Jur. 2. t. Code. 437. by building. 1 Am. 111. The act of removing from one place to another. The right which people or government retain over the estates of individuals. EMIGRATION. (q. h. 144. It is sometimes used in the same sense as expatriation. 2. 11 Mod. . It belongs to the legislature to decide what improvements are of sufficient importance to justify the exercise of the right of eminent domain. He differs from a spy.

and to maintain discipline. EMPTION. 683. n. 2. There are encumbrances of another kind which cannot be so removed. an agency. C. to such just recompense as he deserves. 3. 5 Greenl. EMPLOYEE. to be served according to the terms of the contract. in the English law. When the donor of a power. 645. 10 Conn. are examples of encumbrances. R. He is bound to perform the services for which he has engaged himself. C. n. One who is authorized to act for another. a sailor may be punished by reasonable correction. see 1 Beck’s Med. such as easements for example. See. (q. Inst. 297 and Pregnancy. it is the power to command or govern those actions of men which would otherwise be free. R. He has a right against third persons for an injury to the person employed. servitudes. 2. as. and may be removed or extinguished by a definite pecuniary value. A mortgage. Vide Hire. when it is necessary for the safety of the vessel. so that it cannot be disposed of without being subject to it. l Metc. n. 223. 1 Ala. An employment is an office. 3. 2 P. med. it signifies also the act by which one is engaged to do something. One who has engaged or hired the services of another. Be it enacted. as. but appurtenances to estates in other lands. first. on the ground of necessity. these are not encumbrances. this is called an enabling power. the secretary of the treasury has a laborious and responsible employment. generally. to what has been agreed upon. 17 S. This term is used in Louisiana. authority or command. To establish by law. His duties are to pay the workman the compensation agreed upon. the presumptive heir may have a writ de ventre inspiciendo. Vide Close. An unlawful gaining upon the right or possession of another. 219. An artificial fence put around one’s estate. ENCUMBRANCE. 9 Metc. Cond. As to the signs of pregnancy. ENCLOSURE. Com. 483. 45. who is the owner of the estate. 349. 2. 2. a mandatory. perform certain duties. 22 Pick. in order to produce a supposititious heir to the estate. EMPTOR. jur. & R. a lien for taxes. secondly. Lo. R. See 15 Verm. Eliz. Hirer. but he is not liable to corporal correction. 4 Bro. A term used in equity. 157. Wolff. See Moral in. 574. to examine whether she be with child or not. Privement enceinte. See Appointment. R. 21. − 1. the right of creating interests to take effect out of it. 1 App. S. He is entitled to rights and bound to perform duties.) 5 Conn. 2 Mart. 11 Gill & . EMPLOYER. the land. A French word. when there has been a special contract. 3 N. The act of buying. In default. however. 1928. See 2 Greenl. 18 Pick. 3. 3. 2 Wheat. is not an office. ENABLING POWERS. 2 Harr. to decree. Cro. in this case the proper remedy for the party injured is an action of ejectment. 2. These do not affect the possession of the grantee. The usual formula in making laws is. ENCEINTE. the employment of an auctioneer. R. 2 Bouv. 462. or a preexisting right to take water from. N. or an action of trespass. 4 Ala. 2296. 4 Humph. R. Wms. C. 313. Inst. 2295. when not. n. or if there be no special agreement. TO ENACT. so as to deprive the employer of his services. R. 4 Bl. and see 8 Pick. 591. or in the language of the civil law. Strictly speaking. as the British empire. 894. EN DEMEURE. 480. which signifies pregnant. 672. 1001: 2 Id. R. 2. 403. confers upon persons not seised of the fee. a highway. R. or for harboring him. ENCROACHMENT. One who is in the service of another. 22.EMPIRE. A buyer. An exception to this rule may be mentioned. where a widow is suspected to feign herself with child. and for a violation of his engagement he may be sued. _833. a purchaser. 778. Jur. when a man sets his fence beyond his line. as. 2 Bouv. Such a person is entitled to rights and liable to. unless by such authority. The employment of a printer to publish the laws of the United States. 566. she cannot lawfully be punished till after her delivery. 1 Bouv. which could not be done by the donee of the power. 447. Inst. EMPLOYED. S. A burden or charge upon an estate or property. C. to perform or effect. R. His rights are. 1 Cox. 497. Inst. When a woman is pregnant. the country under the government of an emperor but sometimes it is used to designate a country subject to kingly power. EMPLOYMENT. He is entitled to a just compensation for his services. such just recompense as he deserves. This word signifies. 422 15 John. and is convicted of a capital crime. 90. 94. 99. v.

Ins. and to sell them again at high prices. 2. One who purchases large quantities of any commodities in order to have the command of the market. h. private individuals are not only permitted. Extending or making more comprehensive. ENGAGEMENT. as. or for money to enable the individual to get home. 16 John. the prisoner was enlarged on giving bail. and the latter. 12. R. It consisted. C. as an enlarging statute. To enlarge. Index. who are in the service of a state at war with them. c. note. Vide Injunction. 1. they called hostis. inimicus. B. Ab. either on the part of the obligor or the obligee. 2. R. C. 68. ENDORSEMENT. v. ENGLESHIRE. See 3 Bouv. c. the United States. Vide Feoffment. Co. G. The part of the eldest. An alien enemy cannot. that when a man was killed. Park. or have made preparations for commencing hostilities against the United States. 7 Pet. The terms obligations (q. on pain of fine and imprisonment if the wrong doer escape through their negligence. but the rule is not without exceptions. as. but the Code seems specially to apply the term engagement to those obligations which the law. Litt. to enjoin. 13. is to command or order a defendant in equity to do or not to do a particular thing by writ of injunction. C. It is sometimes used: metaphorically. it is also said that even her as signee shall enjoy it. and perhaps a contract for necessaries. When partition is voluntarily made among coparceners in England. Vide Disfranchise. This proof was called Engleshire. international law. the eldest has the first choice. generally. the word includes any of the subjects or citizens of a state in amity with the United States. 635. 587. Law of Nations. but the obligations arising from a quasi contract. to enlarge a rule to plead. s. ENDOWMENT. unless it could be proved that the person killed was an Englishman. Bac. t. 2. Phil. ENDEAVOR. The Latins had two terms to signify these two classes of persons. This right is purely personal. 197. a citizen of the United States. 1 Hale. n.304. A law was made by Canutus. a person who is desirous of doing injury to another. Wesk. t. 15 John. 166. Salk. Chit. but enjoined by law to arrest an offender when present at the time a felony is committed or dangerous wound given. or those of the several states. Com. R. TO ENLARGE. Hal. 195. 4 Bl. Ins. Treason. as when we say an alien enemy. imposes on a man without the intervention of any contract. In a still more extended sense. Index. ENEMY. ENGROSSER. TO ENFEOFF. but this has also been doubted. t. who. as the endowment of a hospital. Cunn. TO ENFRANCHISE. Inst. eisne the . D. as. C. R . Gloss. for the preservation of his Danes. Vide Marsh.) Vide Revolt. (q. (q. t. and two females on the part of his mother. TO ENGROSS. This word is frequently used in the French law to signify not only a contract. Art. 2. 3. as a general rule. of the testimony of two males on the part of the father of him that had been killed.. L.. TO ENJOIN. 93. 586. which is one extending the common law. h. Chit. 1. h. v. are said to be synonymous 17 Toull. The word enitia is said to be derived from the old French. might be enforced. Com. 4. Index. See Francigena . 438. h. enter into any contract which can be enforeed in the courts of law. P. Spelman. Index. ENTIA PARS. or primer election. To make free to incorporate a man in a society or body politic. Ab. law. C. Bac. or the private enemy. 447. and also the citizens or subjects of a state in amity with the United States. 1 East. Ins. and descends. 1 Kent. h.. t. in general. is to extend the time during which a defendant may plead. either in the courts of. s. To extend. crim. 57 S. when a state permits expressly its own citizens to trade with the enemy.) and the part which she takes is called enitia pars. as. conveyancing. means also to set at liberty. Coparceners. Vide Indorsement. C. 472. Hist. In a more technical sense. 2. & M. n. ENLARGING. 298. v. An enemy cannot. By this term is understood the whole body of a nation at war with another. 1370. To make a gift of any corporeal hereditaments to another. P . The bestowing or assuring of a dower to a woman. for the setting a provision for a charitable institution. practice.) and engagements. 2421. To copy the rude draught of an instrument in a fair and large hand. sue during the war. To command. By the term enemy is also understood. Comm. the hundred or town should be liable to be amerced.John. or the public enemy. to require. the first . have commenced. for example. An attempt. Law. Ins. It also signifies a citizen or subject of such a nation. Hawk.

38. 4 Pick. or his pleasure. To register. 35. 2 Pick. Easter. Ab. and go into the house for that purpose. 350. In cases of burglary.eldest. or exchequer. as where his tree has blown down into the adjoining close by the wind. 15 John. 20 Vin. 8 Vin. R. Litt. Moore. 21. and claim compensation for the time. 4 Kent. when the party has authority in fact. he may. or foot. Ab. having entered. of any lawful act. IV. Com. But in a criminal case. and. 4 Pick. and declares that be thereby takes possession of the same. 87. 362. introduced for the purpose of committing a felony. 429. G. The right which a man possesses of receiving all the product of a thing for his necessity. 2 Penna. 2. IV. 4 McCord. when jointly seized of land. 423. ENTREPOT. 3 Inst. as a recognizance. rights. 1 a. the outer door being open. 337. Hartv. 8. R. Com. that which is whole. unless it be done by the consent or default of the party hiring. 4 Kent. p. 50. a constable may break open an outer door to arrest one within suspected of felony. − 4. D. and secondly. C. An officer may enter the close of one against whose person or property he is charged with the execution of a writ. R. a deed of bargain and sale. . This word denotes the whole. Abr. 64. and this will not break in upon any rule of law respecting the mode of obtaining the possession of lands. Binn. in contradistinction to moiety. Wm. 1. or with any instrument or weapon. and the like. See Alia Enormia. & John. 52. B. 4 Binn. or entering in the rolls of chancery. 3 Term Rep. Cowp. pl. R. 224. The lord may enter to distrain. When another person has taken possession of lands or tenements. 439 2 Hill. 889. 255. either in the army or navy. The taking possession of lands by the legal owner. which is equal to a feodal investiture. 9. are seized by entierties and not "pur mie" as joint tenants are. 33. 93. 4 Greenl. ENTRY. Wrongful acts. ENTRY. To create an estate tail. L. Thc act of making a contract to serve the government in a subordinate capacity. 19. A warehouse. 441. 3 Bl. break open an inner door. 2. and remove them. R. In a civil case. Vide Tail. Bac. The unlawful breaking into a house. p. 357. A person having a right of possession may assert it by a peaceable entry. Descent. his use. 49 a. ENJOYMENT. R. and which are again to be removed. 91. and plead that it is his soil and freehold. article ReEntry. A hushand and wife. and the owner peaceably makes an entry thereon. . Jacob. ENTIRE. Ab. In another sense. 3. 91. be restored to his original right. if necessary. R. R. 209. ENTIRETY. hand. vide Buying of titles. A right of entry is not assignable at common law. 103 10 Pick. ENORMIA. 5. 5 Rep. entry signifies the going upon another man’s lands or his tenements. 1 Brownl. Bac. as to the power of infants to enlist. provided they are there without his default. criminal law. to make a record. or his fruit has fallen from a branch which overhung it. when the law confers an authority. 174. is also called an enlistment. Eng. ENLISTMENT. he shall. 9 Pick. 298 19 John. 114. 267. & R.5 Binn. The contract so made. 295. 917. TO ENTAIL. or by the clerk of the peace in the records of the quarter sessions. before the party can claim the compensation which was to have been paid to him. R.. 246. and being in possession may retain it. 2 Kent. also. although it has been closed for the purpose of excluding him. by this notorious act of ownership. he will not be entitled to leave him at any time before the end of the year. Law Journ. If one man is bound to repair bridge. Ab. & R. 5 Rep. king’s bench. 26. for example. When a contract is entire. is sufficient to complete the offence. he may enter through it to execute a civil writ. as a door or window opening into the street 18 Edw. The registering. Co. 668 Cooke’s case. in every case. Keilw. If the outer door or window be open. when a man hires to serve another for one year. Palin. 454. Eliz. 4. 4 McCord’s R. 11 S. c. it must in general be fully performed. or other court’s. which denotes the half part. 487. TO ENROLL. Easter. law. 4. 249. The proprietors of goods or chattels may enter the land of another upon which they are placed. See Divisible. − 3. R. That which is not divided. the least entry with the whole or any part of the body. An entry in this sense may be justifiably made on another’s land or house. 2 And. 13 Edw. Moore. 18. first. ENROLLMENT. 6 Verm. estates. 418. Cro. Jones. 132. 6. 7. common pleas. R. 214 a. the officer cannot open (even by unlatching) the outer inlet to a house. Johnson. to enter on the rolls of chancery. 1. in order to commit a crime. ENTIERTIE. 1 S. 454. See. Coparceners. or. pl. Jacob’s Law Dict. 4. he has a right of entry given him by law for that purpose. As to the law on this subject in the United States. 6 Harr. 3 Penna.. _42 to 52.. a magazine where goods are deposited. − 2. First.

102 and see 1 Brownl. A release to the tenant for life. The act of March 2. U. The writs of entry were commonly brought. 1823. 683. In general they contain an averment of the manner in which the defendant entered. 510 Wm. (cui) to whom the aforesaid B demised it for a term of years. pp. 1881. that is. L. 12. ENVOY. provided the host has sufficient accommodation. by accounting the estate in the per. 172. S. in general. at all seasonable times. Cro. 36. or advantage of a person. Examples of these writs are given in Booth on R. that is. where the tenant or possessor of the land entered lawfully. The name of a writ which lies in favor of the reversioner. 212.. the second degree. 175−200. Vide Original entry. 25. 5 Rep. tenant by the curtesy. called a writ of entry in the post.. 221. TO ENURE. An entry may be made on the land of another. one messuage. or tenant in dower. enures to him in reversion. Co. was applicable. _627. L. 3 Bl. without fraud or force. 1 Str. or rather corresponding with it. commercial law. A discharge of the principal enures to the benefit of the surety. 11. − 6. 606. N. Inst. gave a writ adapted to cases beyond the degrees. Eliz. either by descent or conveyance. p. are the gradations of consanguinity. and read thus: Command A. Litt. The word is often written inure. Booth enumerates and particularly discusses twelve varieties. 85. if he has not. however.. and the act of March 1. Ev. 13 Edw.− 8. Every traveller has. Index. − 7. but only from the probability that it may happen. ENTRY AD COMMUNE LEGEM.9. to exercise or enjoy therein an incorporeal right or hereditament to which he is entitled. into which he has not entry except (per) by &c. and the original invoices of the same. that he render. prima facie evidence of the sale and delivery. makes three degrees. and are adapted to the. 173. into which he hath not entry but (per) by C. 181. 172. statute of Marlbridge. it has the same effect for him as for the tenant for life. either by descent or purchase. the privilege of entering a common inn. 1835. c. See Nuisance. Jones. h. but the Statute of Marlbridge. and this before an prejudice happens. To take. 13. international law. and the writs were quaintly termed writs in the per. 182. the abator has authority to enter the close in which it stands. The writ in the. into the United States. cited as c." &c. now expired. 2. although sometimes they wer6 founded upon an entry made by wrong. T. such entries are. together with a statement or description of such goods. on whom his sovereign or government has conferred a degree of dignity and respectability. done. 1799. Booth. A creditor has a right to enter the close of his debtor to demand the duty owing. 53. In diplomatic language. License. c. indicated by the very common term pedigree. Hamm. See general Bouv. Vide Writ of entry. though it is not to be rendered there. pp. 12 Mod. which. to Revise Civil Code of Penna. without being on a level with . 11. P. Eliz. and does not decide the right of property. An entry of goods at the custom−house is the submitting to the officers appointed by law. ENTRY OF GOODS. it is not evidence. 1 Story. The difference is not substantial. Dig. Report of Com. and continues in possession. and a private one may be thrown down by the party grieved. a. commercial law. Com. The writ in the per and cui contains another gradation in the transmission of the estate. I. WRIT OF. 17. 239. Booth. but unless the entry be the original one. If trees are excepted out of a demise. Cro. − 9. or have effect or serve to the use. 2 Greenl. law. &c. Ever man may throw down a public nuisance. January 15. tenant for term of another’s life. S. ENTRY. when the tenant for term of life. in a merchant’s or tradesman’s accouut books. and writs in the per and cui. and to such cases the writ of entry on the. This is a mere possessor action. who have the collection of the customs. an envoy is a minister of the second rank. s. 3 Story. At the common law these actions could be brought only in the degrees. is derived from the circumstance that estates are supposed by the law to pass by degrees from one person to another. U. the degrees recognized were only two. or other transaction. t. Rob. 2 Institute. − 5. it was said to be out of the degrees. ENTRY. it is for him to declare. by law. and of work. Eng. benefit. L. 876. A. 174. 147. But in reference to the writs of entry. The act of setting down the particulars of a sale. 173. Similar to this idea. which. one messuage. The forms of these writs are very various. If the estate had passed further. the lessor has the right of entering. To this end. that be render unto B. to prune or fell them. The name of a writ issued for the purpose of obtaining possession of land from one who has entered unlawfully. only. Real Actions. per runs thus: " Command A. aliens and dies. title and estate of the demandant. regulate the manner of making entries of goods. Rep. 153. goods imported. 29. b. 30. The denomination of these writs by degrees. &c. 10.

in that. A form of government by diocesan bishops. 2. 3 P. An equitable estate is a right or interest in land. 193. R. 87. R. equality is equity. Vattel. in part. with an accompanying agreement to execute a regular mortgage. c. Vide Day. Dig. 3725. 239. Inst. 1 Penna. _83. In the early history of the law. Bac. by the owner of an estate. 440. 49 to 61. Jur. is the soul and spirit of the law. 1884. when the space of time between the rising and setting of the sun is one half of a natural day. are all upon an equality. In this. C. but it must be directed by science. See Kames on Eq. or by the mere deposit. in natural justice.an ambassador. the party grieved may avoid the contract. And that. and impairs the intellect. Justice Story. and convulsive motions of the muscles. Persons are all equal before the law. without even any verbal agreement respecting a regular security. and in right. It is a maxim. In contracts the law presumes the parties act upon a perfect equality. and among ministers. by custom the latter is held in greater consideration. on Eq. in honesty. 3. law. Inst. EQUINOX. Cestui que use. 8. when. Possessing the same rights. It was then asserted that equity was bounded by no certain limits or rules. R. . Vide Dig. 1. n. that is. 3 Bl. Int.) It gradually destroys the memory. 1. This equity is justly said to be a supplement to the laws. All persons are protected by the law. law. 2. ex oequo et bono. and rational law is made by it. 2 Pow. without designating what each takes. punish another judge of the same court for using any expression in court. 4. 13. to the true and sound interpretation of the rule. fully developed. 269. 43. they are presumed to take in equal proportion. therefore. with uncertain intervals between them. In that code will be found. 21. 2. EQUALITY. n. although the words used might have been a contempt in any other person. which occurs in paroxysms. positive law is construed. 4. The name given to a species of rescript. that the chancellors of those days were either statesmen or ecclesiastics. Eng. a judge cannot." Com. jur. 537. the office or condition of a bishop. adapted to human wants. v. legal view. and that it was alone controlled by conscience and natural justice. This was owing. R. experience and learning. _72. 50. 6. eccl. 249. which. 441. EPILEPSY. l70. therefore. S. on Mort. The deposit of title−deeds. 3 Penna. Ch. Vide Cestui que trust. 1 Page. 1 Mad. Vide Deceit. EQUITY. that when the equity of the parties is equal. 17 S. Vicle Rescripts. 3 Younge & J. 70. The Roman law will furnish him with sure guides. In an enlarged. Inst. not having the properties of a legal estate. convenient and lofty. 12 Ves. 75. immediately follows. Epistles were the answers given by the prince. as between different creditors. and safe rules. it being a rule that inter pares non est potestas. 150. EQUITABLE. yields the preeminence to him alone. Pr. Ab. the law must prevail. In a moral sense. 447. 4. perhaps not very scrupulous in the exercise of power. and being liable to the same duties. 4 Bouv. 123. "equity. and powers. of justices of the peace. (q." says Mr. there is no such thing as an equitable mortgage. liv. These paroxysms are characterized by the loss of sensation. EPISCOPACY. Judges in court." 3 Bl. 4 Day. 259. Com. 429. and obedience to it is required from all. See 2 Bouv. Wolff. and enriched by the aid of human wisdom. 5. whatever adventitious advantages some may possess over others. In case of a grant to two or more persons jointly. 1 Bro. These estates consist of uses. "From the moment when principles of decision came to be acted upon in chancery. 5. 43−3. 233. 2. 3 Call. _23 Digest. 54. "the Roman law furnished abundant materials to erect a superstructure. EQUITABLE MORTGAGE. Fraud. EPISTLES. That which is in conformity to the natural law. Envoys are either ordinary or extraordinary. 2. EQUITABLE ESTATE. 16. that is called equity which is founded. and is one of the causes of an unsound mind. 4 Madd. 395. The name given to two periods of the year when the days and nights are equal. while exercising their functions. & R. R. See 1 Toull. in its true and genuine meaning. Id. C. one party uses any fraud or deceit to destroy this equality. med. requires the aid of such court to make it available. this disease is very apt to end in dementia. Of the court of sessions. to the fact. equity is made synonymous with justice. 1 Rus. No. the sense affixed to this word was exceedingly vague and uncertain. When long continued and violent. 181. but being merely a right of which courts of equity will take notice. Com. A discase of the brain. the first principles and the most important consequences of natural right. trusts. 141. 2. 197. 8 Ves. at once solid. when magistrates submitted to him a question of law. In Pennsylvania. with a person from whom he has borrowed money.. R. R. civil law.

Lond. The obliteration of a writing. Construction. R. Com. to the right of the mortgagor to regain his estate. EQUIVALENT. Wooddes. 340. founded on this principle. it is a general rule that when an expression may be taken in two senses. 33. a judgment creditor. 148. and in every other person who has an interest in. Ab. and wrongs which are redressed by the latter courts only. 291 3 L. Once a mortgage always a mortgage. and the authiorities there cited. 1. & P. and the remedies. it is but natural justice to consider the ownership of the land as still vested in the mortgagor. 422. Vide Chancery. Rights which are recognized and protected. 334. 1 Pick. In Pennsylvania. _25. Vide. Com. generally. 4. b.. 13 Vin. it will render it void or not under the same circumstances as an interlineation. and every other incumbrancer. Encyc. Lect. 7 Vin. R. The right of redemption exists. are remedies in equity. the latter are said to be rights and wrongs in equity. Ab. R. Id. 11 Co. Inst. the time appointed of the money secured by the mortgage to be paid. R. In North Carolina by statute the former is called a legal right of redemption. contracts. An equity of redemption is a mere creature of a court of equity. Of the same value. 368. C. but in his heirs. but some may be fulfilled by an equivalent. & Rawle. n. 221. first. 560. Eq. A court of equity is one which administers justice. and wrongs which are redressed by the former courts. . Ab. 555. 2 Chan. properly be said to be that portion of remedial justice which is exclusively administered by a court of equity. when such appears to be the intention of the parties. per oequi polens. 3. R. (q. 6. 458. 223. 13 Vin. 88. In the construction of contracts. Dane’s Ab . h. 591. R. therefore. St. may redeem. Ch. C. 266. both before and after breach of condition. 1. 190. on Mortg. 25. 1 Yeates. 5 M. 218. 5 Bing. and the remedies. secondly. 1 Vern. are distinguished into two classes. 4 Kent. The phrase equity of redemption is indiscriminately. R. R. 451. h. Bl. redemption is a legal right. Rights which are recognized and protected. that as a mortgage is a pledge for securing the repayraent of a sum of money to the mortgagee. Roll. 5 Pick. Index. subject only to the legal title of the mortgagee. R. 31. though perhaps not correctly applied. to Ves. 324. 6 N. 425 n. Inst. 1 Hill. and article Stellionate. where there are no legal rights. 2 Jac. 611. therefore. and Dig. and therefore a tenant in dower. 40. 4 Cruise. 2 Supp. R. I promise to pay you one hundred dollars. The name of a kind of rack for extorting confessions. evidence. not only in the mortgagor himself. 485. R. c. 233. 4. Cruise. 11 Serg. Jr. 3 C. and. and the latter the equity of redemption. R. 207. 50. ERASURE. 114 Bouv. and where the complainant has also an equitable right. 56. 1 N. Ayl. & Walk. 22. 80. are remedies at common law. 368. and 3 Chit. 17. and personal representatives. 37. but courts of law do not afford a complete. 30. 1. thereby keeping a just distinction between these estates. R. Cas. 2 Litt. v. 9 Mass. Dig. 22. eh. R. or legal rights. R.482. is a universal rule in equity. R. Ch. The right of redemption is said to be as inseparable from a mortgage. unless he be an incumbrancer pendente lite. 5 John.) Vide 5 Pet. and assignee. 65. however. as contradistinguished from that remedial justice. are called legal rights and legal injuries. Vide Ambiguity. t. 15. R. 4 Kent. remedy. . n. 3. COURT OF. 149. which is exclusively administered by a court of law. 2 Sumner. t. 2 Cowen. Vide Chancery. Ab. EQUITY. EQUITY OF REDEMPTION. 1. H. 487. EQUIVOCAL. 10 and 11. 2 John. interest and costs. What has a double sense. 1. Fitzg. 2 L. 9 John. those which are administered in courts of common law. Story. those which are administered in courts of equity. c. 2 Wend. Com. A right which the mortgagee of an estate has of redeeming it. and every attempt to limit this right must fail. But equity has a more restrained and qualified meaning. Rep. R. 4 McCord. 14 Wend. 760. Ch. Rev. 158. S. 194. my executor may fulfil my engagement. as that of replevying from a distress. Pand. 52. EQUULEUS. tit. 67. 190. 5. 7 John. Sometimes a condition must be literally accomplished in forma specifica. are called equitable rights and equitable injuries The former are said to be rights and wrongs at common law. a jointress. 531. and for the enforcement of rights. 584. c. 2 Chan. 4 L. Id 45. as. 2 Black. 7 Cranch. after it has been forfeited at law by the non−payment at. by paying the amount of the debt. Eq. Interpretation..3. 11 Conn. R. 183. Equity jurisprudence may. Dig. Fonbl. therefore. 2. Ab. 1 Bouv. The remedies for the redress of wrongs. so far as such legal title is necessary to his security. a tenant by the curtesy. 2. and then die. that shall be preferred which gives it effect. Com. 41. a remainder−man and a reversioner. or a legal or equitable lien upon the lands. 156. R. Pow. R. 270. for it is equivalent to you whether the money be paid to you b me or by him.

in general. 369. R. &c. out of prison. 288. 45. 11 Co. It will be proper to consider. for were it not so. 5 John. 5 Mass . 64. 378. & C. & Walk. 44. 156. 5 Mass. 6 Mass. see 6 John. whether the process be regular or otherwise.2. voluntarily. A mistake in judgment or deviation from the truth. for its violation. − 2. what is a lawful imprisonment. which we both suppose to be in my stable. Jur. Acc. 1 Story. pl. still I am innocent. 3 Sav. 310. there will be no valid contract. before such a person is entitled to such deliverance by law. Ab. WRIT OF. 195. a contract made under a clear error is not binding. and shoot him down. viii. 2. 6 B. But a foreign law will for this purpose be considered as a fact. 5 Conn. and hurries its victim to acts of the grossest licentiousness. When a man is imprisoned in a proper place under the process of a court having jurisdiction in the case. if it were done with a criminal design or in an unlawful manner. if. The law has wisely provide that a person shall be excused. Eq. med. Rep. 469. whenever the. notwithstanding the proceedings may be irregular. is presumed to be certain and definite. See Metcalf’s Case. out of prison for any. intending to do a lawful act. 309 8 Cowen. App. Vide Mania. right of creating or granting a new office is vested in the king. 1 Roll. In England. Offices. E. Courts of equity will in general correct and rectify all errors in fact committed in making deeds and contracts founded on good considerations. 4 Bin. 16 Serg. or if I sell you my horse Napoleon. Miss. Error in law. 174. is also understood a mistake made in the trial of a cause. 112. Rep. owing to the dimness of the light. 2 Jac. A contract made under an error in law. also. Erasures and interlineations are presumed to have been made after the execution of a deed. in the night time. 45. and afterwards find he was one of my friends. Letting a prisoner confined under final process. (as in the case of . Marriage. every man is bound to understand it. Dr. jur. rose on the first alarm. he is lawfully imprisoned. 2 Ev. & R. in civil cases. any liberty not authorized by law. to correct which a writ of error may be sued out of a superior court. An escape is tho deliverance of a person who is lawfully imprisoned. thieves break into my house. excuse a man. We have erected. ERROR. Again. 310. and the like. 6. 1 Dall. 1 Pet. ERROR. and pursuing lawful means to accomplish his object. But it cannot deliver the body from prison. Bac. 2 Bl. 36. 169. and had. 7. because I committed an error as to a fact. 13 John. but if the court has not jurisdiction the imprisonment is unlawful. I could not recognize. Vide Writ of Error. Pothier. 3. Escapes are divided into voluntary and negligent. if the seller and purchaser of a house situated in Now York. to commit a burglary. 192. 1 Cowen. the different kinds of escapes. and seeing a person with a drawn sword running towards my wife. is in general binding. which I could not know. 4. Com. − 1 Error of fact. − 1. it was unknown to both parties that the house was burned down. Ch. 9 Shepl. 2 East. A name given to a morbid activity of the sexual propensity. first. See Mistake. 363 2 Brown. 4. 84. Abr. 1048. 2 Chipm. By error. 89. 419. is an escape. Nor can it be brought except on the final judgment. or which is the same thing. It is a disease or morbid affection of the mind. which fills it with a crowd of voluptuous images. 45. even the shortest time. 5. which is eminently instructive on this subject. EROTIC MANIA. in matters of fact and from the law in matters of judgment.. he commit an act which would be criminal or unlawful. 7 How. As the law is. Ab. 371 3 Shepl. 3. for example. 2. 166 8 Cowen. 27. actual or constructive. 170. R. 9 Pick. ESCAPE. as eregimus. to rescue her from the hands of an assassin. who had lodged with me. 671 Bowy. See. happen to be in Philadelphia. The judges to whom the writ is directed have no power to return the record nisi judicium inde redditum sit. 806. whom. EREGIMUS. 232. at the time of the sale. he must use proper words for the purpose. A voluntary escape is the giving to a prisoner. Rom. and this may be. 12 Mass. A 1. 135. for the purpose of bringing up the record and correcting an alleged error committed in the trial in the court below. unless the contrary be proved. as. R. Mistake. and. secondly. 71. civil and criminal and escapes on mesne process and execution. and at the time of the contract he is dead. Bac. in the absence of any lesion of the intellectual powers. and was in fact running towards my wife. 1 Younge & Coll. 67. 11. A writ of error is one issued fro a superior to an inferior court. and. and an error of law will not. See Sale. Ignorance. 10 Serg. I rise out of my bed. error would be urged in almost every case. 249. 5. 20 Wend. &c. no time to inquire about. I take him for one of the burglars. 3 Shepl. Escape. the sale is void. Bro. constituimus. Ab. 38. 1. although he afterwards return. 1 Root. & R.

and to prosecute the claim of the commonwealth for the purpose of recovering the escheated property. For the rules of the Roman Civil Law. & A. and be at the disposal of the government. 11. Domat. 2. 156. & Pull. Droit Pub. Hob. The officer is then. The name of an officer whose duties are generally to ascertain what escheats have taken place. 2 Tuck. the prisoner is forthcoming. and not for a criminal offence. 9. − 3. 250. Escape on mesne process is where the prisoner is not confined on final process. Bac. under the English law.) although an officer may accompany him. book 10. 24. WARRANT. 10. 3 Dane’s Ab. Jones on Land Office Titles in Penna. . Vide 10 Vin. According to the English law. and delivered at the prison. And the plaintiff may retake the prisoner in either case. Code. but on some other process issued in the course of the proceedings. title to lands. 245. 115 to 117. 1 Wm. A constructive escape takes place when the prisoner obtains more liberty than the law allows. Bac. 1. 4 Kent. n. charged with a crime or under sentence. But as the feudal tenures do not exist in this country. − 4.imprisonment under a ca. 10. 140. in the place of the feudal lord.. provided that on the return day of the writ. although he still remains in confinement The following cases are examples of such escapes: When a man marries his prisoner. Ab. escheat denotes an obstruction of the course of descent. 1 Bos. unlawfully. that when the−deceased owner has left no heirs. Bl. Blacks. In this case. and in effecting his escape. D. 5 Binn. Wright on Ten. 56. Escapes in civil cases are. as the original and ultimate proprietor of all the lands within its jurisdiction. when the prisoner in fact gets out of prison and unlawfully regains his liberty. 12. by a kind of reversion. The consequences of a negligent escape are not so favorable to the prisoner confined under final process. 17. 310. Escape in civil cases. but it is his duty to do so. R. 2 T. He may therefore be retaken. A warrant issued in England against a person who being charged in custody in the king’s bench or Fleet prison. who has been liberated by him. 202. escapes and goes at large. there are no private persons who succeed to the inheritance by escheat. C. The state steps in. The effect of a voluntary escape in a civil case. ESCAPE. such escape does not make the officer liable. 139. either because the building or prison in which he is confined is too weak to hold him. 5. It seems to be the universal rule of civilized society. Ab. because in this case. 123. and neither the sheriff nor any authorized person be there to receive him. 6. and that the sheriff may retake the prisoner. 1. 375. 10. See Prison. it should vest in the public. 13. Ab. 6. are declared to be strictly feudal. Escape. Civ. 3 Co. And he may be indicted. The prisoner being to blame for not submitting to the law. 6 Hill. Rep. 6.. If an underkeeper be taken in execution. n. liable to the plaintiff for the amount of the debt. s. 93. Com. the prisoner is to blame. to the original grantor. the officer not only has a right to recapture his prisoner. when the prisoner is confined under final process. A negligent escape takes place when the prisoner goes at large. − 2. and that he may be retaken by the plaintiff when the escape has taken place without his fault. but he may be again arrested if he was confined only on mesne process. the prisoner may be retaken. it was held that this was a constructive escape. we have seen. see Code Justinian. In a criminal case. or because the keeper by carelessness lets him go out of prison. 7. R. when he was not confined on final process. ESCHEAT. 44 a Plowd. h. sect. 244. 172. Ab. fined and imprisoned for so escaping. t. regains his liberty unlawfully. 2 Mason. The escape is actual. on the contrary. in which case the land naturally results back. t. and he unlawfully gains his liberty. 37. 2 Bl. 8. by some unforeseen contingency. Vide 10 Vin. and to import the extinction of tenure. and trusted him with the keys. and unlawfully obtains his liberty. 3. Plowd. 24 2 Bl. so that he cannot be retaken by the sheriff. liv. 1 Bro. 1. 3. sa. 14. ESCHEATOR. when the prisoner is charged in execution or on mesne process for a debt or duty. if the escape have not been voluntary. and a consequent determination of the tenure. whether the defendant be confined in execution or not. 158. or lord of the fee. 1048. Escape on final process is when the prisoner obtains his liberty unlawfully while lawfully confined. And when the keeper of a prison made one of the prisoners confined for a debt a turnkey. R. in general. Escapes in criminal cases take place when a person lawfully in prison. 420. Law. 5 Mass. may be retaken whether the escape was voluntary or not. 244. in execution or mesne process. All escheats. 2 Barn. as they are when the escape is voluntary. 486. 344. Jacob’s L. 1 Swift’s Dig. B 3. by virtue of its sovereignty. is to discharge the debtor. and under an execution or other final decree. Com.

2 Bouv. c. 666. Shep. tit. R. and uniform laws on the subject of bankruptcies. 4 Watts. Rep. Dane’s Ab. R. see 11 Serg. as. until certain conditions shall be performed. old Eng. to fix unalterably. to establish justice. h. R. 56. t. R. at some other time: it differs from a marriage. 310. Ayliffe’s Parerg. real estate. hence we say personal estate. is the degree. 285. To make or form as. 87 to 91. s. Rep.. Until the condition be performed and the deed delivered over. & R. it is applied to signify every thing of which riches or. It is considered for many purposes as the first day of the term. c. 13 John. The products which the land or ground yields. Esquires by virtue of their office. 3 Prest. congress shall have power to establish post roads and post offices. 65. Fait. 1. To settle firmly. 2. 11. therefore. as. this was a measure of land of sixteen square varas or yards. the estate does not pass. Index. R. The eldest sons of knights and their eldest sons. is necessary to render the deed valid. ESTADAL. 139. Const. 4. 425. 137. as the hay of the meadows. 310 1 John. and. 258−9. do ordain and establish this constitution. 10 Wend. but remains in the grantor. 375. A conditional delivery of a deed to a stranger. 57. 1 Story. For example. Com. Cox. Vide 2 Bl. Cruise. 57. an escrow takes effect from the second delivery. because then the contract is completed. s. 2. 2 Watts’. vide Dig. ESTATE. 5 Rep. when a feme sole makes a deed and delivers it as an escrow. 35. _454. 115. 307. 6 Wend. 183. 9 Mass. Rep. 310. 13 Vin. A title applied by courtesy to officers of almost every description. Eldership. 20. 1 Prest. which is the avowed object of the constitution. to create. In the English law. &c. 452. The eldest sons of the younger sons of peers. 1. Essoin day is the day on which the writ is returnable. See 2 T. to members of the bar. H. Escrow. 56. 84. Co. Abst. as. t. 238. or other investiture. In its most extensive sense. 32. 2 Johns. 504. we. 6 Paige’s R. recognize. and then marries before the second delivery. law. 3. It is so applied in two senses. 1 Tho. R. R. R. 8 Ves. 138. 95. 2 N. 3. Lee’s Dict. Perk. 446. 1 Conn. without ascertaining the extent or nature of the interest therein. Ab. 8 Mass. Esquires created by the king’s letters patent. Inst. 66. In Spanish America. contracts. Dig. rents and services. In England. 2 White’s Coll. the herbage of the pasture. to avoid injury to the operation of the deed. and their eldest sons. 4. 2. confirm or admit. ESPOUSALS. 60. Com. to regulate. ESCUAGE. and is to be considered as the deed of the party from that time. no distinction in law. practice. t. 275. 2024. ESQUIRE. as "my estate at A. 359. 71. which is the proper and technical meaning of estate. 2−5. 9 Mass. 2. 180. Spanish law. Camden reckons up four kinds of esquires. 1 T. it is a title next above that of a gentleman. Novel. 86 b. 1. 1 Sell. and it is there used in different meanings. 2 Wash. 5. but this general rule does not apply when justice requires a resort to fiction." The second. quantity. _1. 3. which evidently does not mean that these laws shall be unalterably established as justice. 2. conveyancing. and not to the grantee himself. fortune may consist and includes personal and real property. 2 Johns. and others. This word his several meanings: 1. 4. 2. R. 6. Tenants who hold their land by escuage. 16 n. is allowed in cases of necessity. An excuse which a party bound to be in court on a particular day. ESNECY. 3 Rep. offers for not being there. 272. 2. Dig. 5 Mass. Cas. Litt. 54. to establish an uniform rule of naturalization. 58. 4. ESSOIN. Dig. and then it is to be delivered to the grantee. n. 13 Johns. Pr.. t. s. 1. hold by knight’s service. 248. 23. The relation back to the first delivery. R. the word estate is applied to lands. 81. 4 Day’s R. R. 58. particularly regarded by the heralds: 1. 4 Moore’s R. Touch. Inst. Termes de la Ley. and their eldest sons in like perpetual succession.ESCROW. the people. 113. 29. in perpetual succession. 285. 2 Root. Ab. R. as. from events happening between the first and second delivery. R. R. This word occurs frequently in the Constitution of the United $tates. Prec. 5 Conn. to ratify. A 3. Code. R. corn or other produce of the arable. it confers. Littl. Rep. R. so as to give the deed effect from that time. h. Service of the shield. nature . ESPLEES. this word signifies the right which the eldest coparcener of lands has to choose one of the parts of the estate after it has been divided. the relation back to the time when she was sole. or confirm. contracts. To found. A mutual promise between a man and a woman to marry each other. 5. and below a knight. Shep. 4 Kent. ESTABLISH. 81. In its more limited sense. R. Vide Exoine. To found. To create. Com. B. The first describes or points out the land itself. Wood’s Inst. 314. 245 Aso & Man. 1. No one is entitled to it by law. Generally. and others who bear any office of trust under the crown. 4 Green]. 1. c. as justices of the peace. congress shall make no law respecting an establishment of religion. Prest. 2 Mass.

. 13. 12. 1st. Estates by the curtesy. Co. 3. if A conveys land to B. Litt. and which migbt by possibility inherit the same estate as heir to the wife. because it signifies the condition or−circumstances in which the owner stands with regard to his property. or at the death of the wife. On the contrary. or for the life of another person. although it may extend far beyond any life. Co. 35. because such determination is contingent or uncertain. So a conveyance " to I M. a house usually worth one hundred dollars a year. eligit. created by act of law. Com. where the time is fixed. and that is an estate for life. Estates of freehold not of inheritance. in coparcenary. Co. To the time during which that quantity of interest is to be enjoyed. a. Lord Coke says: Estate signifies such inheritance. as. 3d. but he will take the largest estate which can possibly arise from the grant. 345 a. he holds the lands during. Law. Lit.) which is the estate most common in this country. 727 2 Bl. have the same. 8 Co.) of the civil law. 55. as. Com. In the same manner. which may depend upon future contingencies. or durante viduitate. Estates for life are divided into conventional or legal estates. 103. 1 Brown’s Civ. In the last case. 165−170. Every tenant for life. 1. − 2d. and according to the law of those parts of the United States which have adopted and not altered the common law in this particular. as any man hath in lands or tenements. or to the happening or not happening of some uncertain event. or as long as the grantee shall dwell in a particular house. who is a third person. and even greater indulgences than the lessors. whether the same be a fee simple or fee tail. _650. To what conditions may be annexed to the estate. 3 Wash. − 2. Co. may be granted to a person still he shall have received one thousand dollars. or in common. The first created by the act of the parties. The tenant for life. l Roll. Under tenants or lessees of an estate for life. . tenancy by statute merchant. are the following: 6. and has issue by her born alive. and in this last case it is termed an estate per autre vie.and extent of interest which one has in real property. because the estate determines by his own act. To the quantity of interest which the tenant has in the tenement. The incidents to an estate for life. 2. unless restrained by covenant or agreement. or an estate for life or for years. Litt. 10. are principally the following: 1. is said to be an estate of freehold. staple. 2d. To the number and connexion of the tenants. An estate. or his representatives. &c. without specifying the term or duration. s. 9. v. 2 Bl. Estates tail after possibility of issue extinct. considered in this point of view. and his generation. 29. for the term of his natural life. this will be an estate for life. 4. or they may arise by construction of law. 2. C. to endure as long as the waters of the Delaware should run. is a freehold estate of inheritance. 4. are. The estate for life is somewhat similar to the usufruct (q. tit. seised at any time during the coverture of an estate of inheritance. in severalty. &c. an estate given to a woman dum sola fuerit. − 2." passes no more than a life estate. Litt. the exception shall not reach his lessee. − 1. Life estates may be created by express words. the original tenants for life. if A conveys land to B. is determinable upon the happening of the event. Freehold estates are of inheritance and not of inheritance. an estate in fee. for when the tenant for life shall not have the emblements. and without words of limitation. term of years. or whether it was born before or after the seisin. may of common right take upon the land demised to him reasonable estovers or bote’s. 23. − 1st. Estates for life. 4 Kent. Dower. 11. or to a man and woman during coverture. Rep. An estate by the curtesy is an estate for life. (q. 41. and an estate less than freehold. Estates in land may be considered in a fourfold view with regard. − 3. Litt. as. 498. Ab. this does not create a life estate. Vide Cruise. 5. for example. the English law. Co. which is defined as follows: When a man marries a woman. or the like. 3. and may rise or fall. it is called status. and the second by operation of law. An estate for life is a freehold interest in lands. − 1. shall not be pre−judiced by any sudden determination of his estate. There are some estates for life. 4th. Estates by the curtesy. b. 3. his life by the curtesy of England. Jointure. before the death of the person to whom they are granted. and the wife dies in the lifetime of the hushand. the duration of which is confined to the life or lives of some particular person or persons.− _1. An estate in fee. The quantity of interest which the tenant has in his tenement is measured by its duration and extent. 7. and it is immaterial whether the issue be living at the time of the seisin. See Jones on Land Office Titles in Penna. as a terw for five hundred years. C. The life estate may be either for a man’s own life. according to. no precise time can be fixed for the determination of the estate. The estates for life created by operation of law. B cannot have an estate in fee. 42. 122. for as the profits are uncertain. Dig. In Latin. Litt. 191. freehold. v. 8. Com.

can be annulled after the death of the parties. Co. which gives to the hushand surviving his wife. − 1. and if the child be born after the death of the mother. has ceased by the provisions of an act passed in 1791. lands are given to a woman and the heirs male of her body. Act of Penna. in some of them it has received a modification. The wife’s seisin must have been such as to enable her to inherit. three things are indispensably requisite: 1. Co. a. − 2d. 15. 20. 29. 6. according to circumstances. 3 Dev. as she would have taken out of his. but this strict rule has been somewhat qualified by circumstances in this country. 4 Kent. or one−third of it in fee. 8 Co. Litt. Ireland. the first being alive. Prin. by possibility. would have inherited. the same share of her real estate. he would not be entitled to the curtesy in such second wife’s estate. 5 Cowen. which must have been seisin in deed. Merlin. Co. for it is. in general. Marriage. In Vermont. Litt. 270. The issue must be born alive. The marriage must be a lawful marriage. it seems. s. Perk. and existing at the death of the hushand. 22. equally with the personal estate. 22. Seisin of the wife. which gave a somewhat similar estate to the surviving hushand. relative to the distribution of intestates estates. since 1785. 33. merely voidable. There are four requisites indispensably necessary to the existence of this estate: 1. Lit. When. 2. the hushand is not. because. Rep. 38. Normandy and Germany. the sole seisin of the. 1 Sumn. a. as to what is sometimes called waste or wild lands. that the rigid rules of the common law. Death. Con. Com. 6. − 3. 262 8 Cranch. In Pennsylvania. pl. 11. however. tenancy by the curtesy. if left a widow. This must be a marriage not absolutely void. The seisin of the wife must. if any of such widow. et Quarte de Conjoint pauvre. It is immaterial whether the issue be born before or after the seisin of the wife. the birth of issue is not necessary. to entitle the hushand to the curtesy. as there was no issue born at the instant of the wife’s death. 1 Pet. Rep. When the wife’s state is in reversion or remainder. 8 John. Ab. or hereditaments of which the hushand was solely seised. Cruise. R. Dig. of an estate in fee or in tail. 7 Co. The issue of the marriage. and the hushand dies within that age. The issue must be born in the lifetime of the mother. Be capable of inheriting the estate. 74. 3. In Pennsylvania the right of the hushand takes place although there be no issue of the marriage. Where the wife is owner of wild uncultivated land. 16. Issue. 42. hushand is not necessary. as if a married man were to marry a second wife. . where the common Iaw has not been adopted in this respect. 2.. & Stud. 464. 1 Pet. − 3d. eo nomine. By Act of Asserably of Pennsylvania. This estate is generally prevalent in the United States. and not merely seisin in law. This estate is not peculiar to the English law. see Birth. in all cases where the issue. 469. because no marriage. 249. but see 3 Atk. the estate vests immediately on the wife’s death to the child. 503 1 Munf. 590. 4. 149. by the performance of the Caesarian operation. But if the marriage had been merely voidable. 23. To create a title to the dower. whose marriage is voidable by decree. in ventre sa mere. 7 Viner. 162 1 Stow. must possess the following qualifications: 1. the hushand will not be entitled to the curtesy. In France there were several customs. Dower is an estate for life which the law gives the widow in the third part of the lands and tenements. Repert. at any time during the coverture. The issue must be capable of inheriting the estate. Litt. Litt. if any. a wife de facto. 14. and the wife shall be endowed. mots Linotte. − 1st. t. Life. with some modifications. be a seisin in deed. 19. in this respect. Dig. to be found. 1812. tenancy by the curtesy does not exist. 5. have been relayed. not held adversely. is entitled to it. In Georgia. in the ancient laws of Scotland. all marriages vest the real. 20. Marriage. he would be entitled. 35. and the hushand is entitled to his curtesy. died within age and without children in South Carolina. tit. if any. 24. _36. and to which estate in the lands and tenements the issue. 35. Be born alive. 29. b. s. − 4th. 263. In Louisiana. 457. 17. a. s. as Littleton erroneously supposes. The death of the wife is requisite to make the estate by the curtesy complete. for a void marriage does not entitle the hushand to the curtesy. she is considered as seised in fact. might. Watk. entitled to the curtesy. c. in the hushand. 1. in possession. 8 Co. In the lifetime of the mother. 25. though the marriage be within the age of consent. Cruise. and that is one moiety. 505. this issue will not enable lier hushand to take his curtesy. according to the English law. 21. Estate in dower.34. out of the wife’s inheritances. 3. a. it cannot be taken from him. March 31. Death of the wife. and the estate being once vested. 18.. b. unless the particular estate is elided during coverture. in all cases where the issue. Litt. for example. − 3d. and she has a daughter. have inherited. 29. Co. Doct. − 2. as well as a wife de jure. As to what will be considered life. the title by curtesy has been laid under the equitable restriction of existing only in the event that the children of the wife entitled to inherit. 35. would have inherited. this estate is unknown.

tit. but as it originated in mutual agreement. See Tenant in tail after possibility of issue extinct. of the estate of which the wife is dowable. − 1. He is dispunishable for waste. has eight qualities or privileges in common with a tenant in tail." 29. An estate for life is bigher than an estate for years. Id. and estates at sufferance. Estate tail after possibility of issue extinct. to. 191. 572. 358. 8. is meant the estate which is thus described by Littleton. Litt. for although a man has a lease for a thousand years. so it depends upon the concurrence of both parties. Ab. c.c. yet they are tenants in tail. a. 132. Com. for. 291. 5. An actual seisin is not indispensable. 1 Swift’s Dig. Ab. 210. or which is capable of enlargement by. until the death of one of them. 1. 35. _68. Litt. − _2. to. Amer. et seq. tit. 31. he shall not be named barely tenant for life. Com. An exchange between this tenant and a bare tenant for life. 7. There are. − 4th. Com. In a praecipe brought by him he shall not name himself tenant for life. some time during the coverture. but a mere estate for years. Where no certain term is agreed on. 30. 8 Serg. Com. 3. Com. strictly speaking. 36. An estate at sufferance. Estates less than freehold are estates for years. Com. 1. Con. ch. a. 278. It is denominated a term. Co. 8 Vin. the estate tail after possibility of issue extinct is merged. An estate for years. n. though there are authorities which declare that a civil death shall have the same effect. c . for he stands in no privity to his landlord. 13 Id. He is not compellable to attorn. When the tenant holds over by consent given. Ab. 35. 200. Cruise. 4 Kent. 2. Pl. release. 318 to 325. as upon default of any other tenant for life. As it depends upon the will of both. t. After his death. 60. Litt. because its duration is absolutely defined. Seisin. Dower. B. 1. wife. a. justified by Sir William Blackstone. their. 2. 2 Kent. without having issue. only an estate for life. 1 Vern. tit. either expressly or by implication. 189. By this awkward. without any definite period. which is a contract for the posspssion and profits of land for a determinate period. 46. 2 Sell. but holds over by wrong after the determination of his interest. The session of land by lawful title. In a praecipe brought against him. and is construed. 6. after the determination of a lease for years. it is held evidence of a new contract. An estate at will is not bounded by any definite limits with respect to time. Litt. 33. yet it is not a freehold. 85. not more than an estate for life. a seisin in law is sufficient. if one of them die without issue. Co. 34. the survivor is tenant in tail after possibility of issue extinct. generally. tit. Dig. R. He shall not have aid of the person in reversion. 4 Rawle’s R. a. 469. 2. b. Upon his alienation no writ of entry in consimili casu lies. consequently. n. _22. 10 Vin. He has a bare naked possession. partakes in some circumstances of the nature of an estate tail. 2 Bl. with respect to duration. see 4 Kent. which is much longer than any life. 1 Brown’s Civ. Co. and each party is bound to give reasonable notice of an intention to terminate the estate. 126.. 2 Ves. estates at will. for the law’ sees no impossibility of their having issue. 4. with the recompense of rent. 28. 85. for years. 31. 2. no writ of intrusion lies. 210. Such an estate or interest cannot. An estate less than freehold is an estate which is not in fee. 9. Dig. h. 17. Watk. . Lit. can give rise to this estate. 173. Co. Thus if a person gives lands to a man and his. Arch. Ves. 3. Dig. 2 Id. Bac. This estate though. is good. 4 Kent.. the person in reversion shall be received. − 3. & Rawle. If he is impleaded and makes default. Estates at will have become infrequent under the operation of judicial decisions. four qualities annexed to this estate. − 3. which is a chattel interest. a. Pr. Litt. they are now construed to be tenancies from year to year. s. tit. and it is deemed an estate for years though it be limited to less than a single year. 2 Com. however. and they live to a hundred years. For a tenant in tail after possibility of issue extinct. Litt. Co. Perk. 32. in fact. Tho. be the subject of conveyance to a stranger. Vide. 1. is one which is created by a leas. and to the heirs of their two bodies. Nothing but absolute impossibility of having issue. 218. and it is deemed an estate for years. 4 Kent. 26. jr. Cruise. Dig. Civ. though the number of years should exceed the ordinary limits of human life.−3. Cruise’s Dig. 28. Dower. 2. Litt. − 2. As to the effect of a transitory seisin. _32 when tenements are given to a man and his wife in special tail. Cruise. 1 Salk. If an estate tail or in fee descends upon him. 57. Dower. it is a forfeiture. 300. Co. 8. by Raithby. Traite du Douaire. Prin. Com. 1 Supp. et seq. 38. Pothier. 130. 27. jr. 295. 124. If this tenant makes a feoffment in fee. be a tenancy from year to year. nor for life. 49. R. 28. 6. The hushand must have been seised. though the latter should be for a thousand years. but no estate which he can transfer or transmit. which prove it to be. Dig. 459. 5 Ves. or of transmission to representatives. App. Co. Law. This must be a natural death. He may join the mise in a writ of right in a special manner. 31. the dissent of either may determine it. 4. 2. 4. 37. Death of the hushand. estates are equal. but perhaps necessary periphrasis.

during the continuance of his estate. Com. 2 Bl. Joint tenancy may be destroyed by destroying any of its constituent unities. Com. and the union of their names gives them a name in every respect. 179. at common law. on Abstr. Estates by Grant. without any restriction or explanation. t. Com. An estate in coparcenary. Dig. tit. 2. by uniting all the titles and interests in one tenant secondly. 1. 4. 1 Swift’s Dig. for each must have an entire possession of every parcel. & Rawle. Joint tenant. 2. or to A B and C D. dn estate in severally. 60 8 Serg. by construction of law. for life. is abolished in Pennsylvania. will be construed a joint tenancy. (q. There is a material distinction between the case of a person coming to an estate by act of the party.) or expectancy. − III. 3. claiming under ancestors in different degrees. 2 Bl. The creation of the estate depends upon the expression in the deed or devise. is where only one tenant holds the estate in his own right. if in) fee. 115 13 Serg. 75. for every part of the grant can take effect only. these are. and trespasser. 4 Kent. except that of time. and Alabama. 3 Saund. or jus accrescendi. may have unequal shares and the proper and best mode of creating an estate in joint tenancy. 50. the estate must be for the same duration. Dig. Litt. 40. estates are considered either in possession. 42. Joint tenants always take by purchase. Litt. Joint Tenants. As to the time of their enjoyment. b. 3. 1 Root. 48. 57. 181.. In coparcenary. 353. There must be a unity of interest. K 1. An estate in common. Co. 41. the entire tenancy or estate. In Connecticut it never was recognized. − 1. while tenants in common. Indiana. The distinguishing incident of this estate. Thus. In this country it maybe created by descent. 2 4 Kent. 2 Bl. and hold by several and distinct titles. in estates held in trust. − 4. Ab.) created by act of law. perhaps. In the first case. 1. and so on to the last survivor. 67. Dig. Com. (q. (q. as well as by deed or will. 4 Kent. v. as an intruder. Watk. 359. 44. v. New York. without any other person being joined or connected with him. and in the other. Prin. 9. is where lands or tenements are granted to two or more persons.38. is one which is held by two or more persons by unity of possession. 48. 1 Litt. by the same deed or will. Com. Unity of title. 47. Com. or by title derived at the same time. Georgia. Virginia. by considering the estate equal in all. or at will.. or by change of title from joint tenancy or coparcenary. These will be separately considered. and for the same quantity of interest. Survivor. One has not possession of one−half. Missouri. for it must be created by the acts of the parties. 102. − II. tit. an estate given to a number of persons. Vide Cruise. by the act of the parties. 86. 1 Vern. c. Rep. 302. and these are vested or contingent. 459.) which are created. 470. In common. 39. is an estate of inheritance in lands which descend from the ancestor to two or more persons who are called coparceners or parceners. 46. 459. An estate way be holden in a variety of ways the most common of which are. Kentucky. 294. by making partition. upon the death of any of the joint tenants. &c. also coparceners. In severalty. see. as of the whole. Entirety. Tennessee. 18. 1 Swift’s Digest. . In this respect the American law differs from the English common law. is created by deed or will. 298. 43. and not the whole of an undivided moiety. 319. Griffith’s Register. who took an estate of inheritance. in point−of interest. v.) The latter are either remainders. 4. & Rawle. 4 Kent. 49. and afterwards holding over. 292. or by descent. 4 Rawle. 127. Vide Cruise. or reversions. 192. all the tenants must possess and enjoy at the same time. 5 Binn. v. 102. the estate must be created and vested at the same period. Lect. − 2. 126. There must be a unity of time. sec. fee tail. or it arises. and by act of the law and then holding over. but each has an undivided moiety of the whole. 18. 4 Rawle’s R. according to the common law. This tenancy. Dig. 353. in many cases. Com. 304 2 Woodd. he is regarded as a tenant at sufferauce. (q. Rep . Con. the estate must have been created and derived from one and the same conveyance. 20 Com. and necessarily have equal shares. Com. 45. is to limit to A B and C D. There must be a unity of possession. Estates in common can be dissolved in two ways only. by which the tenants hold. and their heirs. abator. 51. − 3. to hold in fee simple. The properties of this estate arise from its unities. except. North and−South Carolina. 2 Preston on Abst. They may acquire their estate by purchase. 134 Cruise. and their assigns. and another of the other half. dn estate in joint tenancy. Bac. In joint tenancy. and does not result from the operation of law. first. h. 2 Inst. t. Dig. 363. K 8. Estates by Grant. is the right of survivorship. if it be an estate for life. The right of survivorship. 14 Vin. for years. Ab. n. 4. 2 Prest. went to the survivors.

2 Barn. A legal estate is one. An equitable. to cases where lands descend to females. is a right or interest in land. 117. 257. are to be apportioned by the same rule. upon the happening or not happening of a particular event. These estates are divided into estates upon condition express. Estates upon express conditions are particularly mentioned ’in the contract between the parties. Beames’ Glanv. will forever preclude the party from afterwards contesting the same fact in any subsequent suit with his adversary. Thus. 224. Com. thus. " an estoppel is. _273. As the value of most things is variable. expressly declared to be a tenancy in common. The title inherited by more persons than one. 2. 259. 70. 2. Co. 273. matter of fact. The party executing that bond. Lit. − IV. Co. Dig. Cas. 662. This is usually applied. N. when a man is concluded by his own act or acceptance. 4. 54. Of goods lost at sea. 352. 444. Estoppel. Stepb. 3 Cora. 545. or in law.52. 233. & Ald. 425. Com. 0. 4 Kent. Com. _12. 3. See Co.. 374. Id. ESTER EN JUGEMENT. estates are legal and equitable. tit. is one−third for the life and two−thirds for the remainder in fee. Lit. Pl. Estoppels are odious in law. and the remainder in fee. 1. 3. See Exchange. Litt. will be precluded from afterwards denying in any action brought upon that instrument. which prevents a man from alleging or denying a fact. and moneys due upon a mortgage of lands devised to one for life. & R. Co. Godolph. her value is to be taken at the port from which she sailed. in England. 2 Serg. the value of an advancement. is.. Lit. and the bringing of the gift in frank−marriage into hotchpot. 352. 380. or from matter in Pays. s. and note. 298. be created. Lord Coke says. 258. or enlarged. when there are no male heirs. Litt. Cruise. An estoppel is a preclusion. 1 Serg. they are not admitted in equity against the truth. Dig. Of a gift in frank−marriage. This is an estoppel by matter of record. 55. 572. _3. notes. 228−9. 13. 1. 5. any confession or admission made in pleading. which happens where a man has done some act. B. arise either from matter of record. from the deed of the party. Litt. & Ald. may be mentioned the case of a bond reciting a certain fact. or destroyed. 682. although they are estopped from finding against the admission of the parties in their pleadings. h. 4 Kent. 820. ESTOPPEL. 2 Rep. or executed some deed. 234. To appear before a tribunal either as plaintiff or defendant. 3−2. b. 215. & Rawle. generally. a. or implied from pleading over without a traverse. Litt. 444. and where it is not so declared the effect is the same. 1 Serg. which not having the properties of a legal estate. in law. 53. 1 Chit. Estates upon condition in law are such as have a condition impliedly annexed to them. Of assets to make lineal warranty a bar. and the remainder in fee to another. 56. Bouv. s. 57. 2 Serg. t. 75 n." Co. 4. 225. 271. but different rules prevail on this subject in different nations. a. & Rawle. their value is to be taken at the port of delivery. b. And Blackstone defines "an estoppel to be a special plea in bar. Nor can jurors be estopped from saying the truth. or in deed. b. Considered as to the title which may be had in them. pleading. 276. so recited. Stare in judicio. that is. He will be . b. Marshall. 363. L. & R. which estops or precludes him from averring any thing to the contrary. part 3. in a court of record. 2 Serg. Salk. & R. 5 Barn. in consequence o his own previous act. Of a bequest of so pieces of coin. A 1. without any condition being specified in the deed or will. P. at the time of the warranty. & R. Inst. b. whether it be express. 1 Vern. make it available. Of the yearly value of properties. Conditions may be annexed to estates in fee. require the aid of such a court to. according to circumstances. estates generally descend to all the children equally. at the time of partition between the parceners. An estate upon condition is one which has a qualification annexed to it by which it may. Of lands warranted. there is no substantial difference between coparceners and tenants in common. ESTIMATION OF VALUES. the technical distinction between coparcenary and estates in common may be considered as essentially extinguished in the United States. Co. or for years. for life. Index. An example of an estoppel by matter in pays occurs when one man Las accepted rent of another. and upon conditions implied. deducting one−fifth. in some of the states. at the time of the descent. The comparative value of a life estate. But this is a case sui generis. 442. 1 Serg. at the time of the will made. Francis’ Max. is to be taken at the time of the gift. 426. 1 Caines. Vide Estates. French law. Of a ship lost at sea. 223. because they are sworn to do so. As an instance of an estoppel by deed. chap. 239. Angel on Water Courses. a. An estoppel may. see Eviction 2. & R. the law in many cases determines the time at which the value of a thing should be taken. the fact . 2 Condy. See. As in the several states. to say the truth. 2 Serg. 351. the right to which can be enforced in a court of law. allegation or denial of a contrary tenor. 378. Litt. 308. but being merely a right of which courts of equity will take notice. as in New York and New Jersey. at the time of partition. Tho.

Abr. 1 Mass. in general. 3. R. 302. & Ald. Estoppel. 111. from off another’s estate. 3 John. Pl. Estoppel. being sold for the benefit of the poor. Cas. a pleading. Reg. &c. The name of a writ which lay at common law to prevent a party in possession from committing waste on an estate. R. that he was. Inst." By virtue of either of these writs. 3 East. 2 Co. 352. and thereon an attachment. 2 Ves. 62. R. R. and privies in law. it is presumed by local regulations. 25. 421. Civ. Com. 417−460. R. 76. 2 Bl. 6 Esp. 6 Binn. It signifies an injury to lands. 352. estates. 2 Serg. 17 Mass. Index. 9. Ev. R. 193. But as this verdict convicts the defendant of a contempt. 273 15 Mass. 3 East. 4. generally. 155. Estrepement. R. ESTOVERS. and due notice given to the tenant to leave the same. Estoppel. & T. In the United States. R. 844. R. 286. 59. 329. This doctrine of law gives rise to a kind of pleading that is neither by way of traverse. Woodf. 10 Mass. R. 88. of the opposite party. by legislative enactment. 442−3. ESTREPE. 76. 2 Bl. 362. 4 Munf. R. R. Brev. R. 5 John. and may take advantage of estoppels. Privies in blood." The issue on this plea is tried by a jury. privies in estate. 232. R. ESTREAT. 489. allegation. Id. 161. 5 Mass. Upon the defendant’s coming in. 5 Esp. t. It should be directly affirmative. 14. and avoidance: viz. Brev. n. 2 Camp. Id. 1 R. 120. 10 Vin. Id. Dane’s Ab. R. p. 370. 1 T. the title to which is disputed. 430. 255. Stark. at any time during the continuance or after the expiration of such demise. the plaintiff declares against him. 174. 57. 9 Serg. Litt. 101. 14 Johns. 135. 347. Com. Com. This is prevented by a writ of estrepemeut. 6 Mass. 1 Show. Ent. Pleas. Judic. are bound by. & Pull. R. or which may be subject to be sold by a writ of venditioni exponas or levari facias. the statute of Gloucester gave another writ of estrepement pendente placito. R. 30. 2 Smith’s Lead. Corn. waiving any question of fact. n. 6. 2 Caines’ R. h. that is. Every estoppel ought to be reciprocal. and extracted from the record. Munf. of some other public use. or for any purchaser at sheriff or coroner’s sale of lands. 352. 67. In Pennsylvania. and specially of flues and amercements imposed by a court. The word bote is used synonymously with the word estovers. See the following cases relating to estoppels by. with that person. This term is used to signify a true copy or note of some original writing or record. a. ESTREPEMENT. Cattle whose owner is unknown. and he may use sufficient force for the purpose. R. 218. 89. if he shall be received or admitted to aver contrary to what he before did or said. and in case they find against the defendant. 225. Pleader. 371. the remedy by estrepement is extended for the benefit of any owner of lands leased for years or at will. 4 Mont. & R. This word is derived from the French. At common law the process proper to bring the tenant into court is a venire facias. Litt. Com. 224. & R. ESTRAYS. 346. prays judgment. to cripple. Steph. pt. 88. 3 T.. shall have been condemned by inquisition. Matter of writing: 12 Johns. 20. 354. And see. and certified to a proper officer or officers authorized and required to collect them. they are subject to. to the damage of another. 2 Barn. 625. R. his tenant. 206. R. pt. Matter of record: 4 Mass. pending the suit. after the lands bound by such judgment or mortgage. the court proceed against him for that cause as in other cases. Willes. Gilm. p. 4. and not by inference nor against an estoppel. estropier. The right of taking necessary wood for the use or furniture of a house or farm. R. or for any mortgagee or judgment creditor. 639. 47. R. at the time of such acceptance. commanding the sheriff firmly to inhibit the tenant "ne faciat vastum vel strepementum pendente placito dicto indiscusso. 5 Rep. 226. & Rawle.estopped from afterwards. L. 365. More’s Rep. or denial. Co. 10 Wend. Cas. R. This writ is sometimes directed to the sheriff and the party in possession of the lands. 58. 1259. 317. Inst. 1 Call. 217. 3 Bl. Rast. 395. in any action. 2. Dig. 1 Bos. after judgment obtained in any real action. 100. tit. 444. 192. b. Id. and before possession was delivered by the sheriff. 420. denying. and. N. R. after stating the previous act. 6 T. R. 331. 6 Munf. Pl. The defendant usually pleads "that he has done no waste contrary to the prohibition of the writ. R. that. Id.. 2 Bouv. 8 W. agreeably to law. A 3 Co. Dig. Abr. . But as waste might be committed in some cases. 4 Yeates’ 38 1 Serg. 2 Murph. as a reversioner. Ab. 1 Stark.. 971. 181. Cas. 124. R. 1 Esp. Vide F. Bac. 219. R. 235. Id. This pleading is called pleading by way of estoppel. R. 760. 77. B. 1652 57. Co. Matter in pays: 4 Mass. 429. S 5. 236. Doct. to bind both parties: and this is the reason that regularly a stranger shall neither take advantage or be bound by an estoppel. 6 Day. of the place where found. Vide Term. 240a 7. 159. R. Estoppel. 2. R. 2. R. 466. tit. 2 Lilly’s Reg. nor confession. & S. 119. 18. 17 Johns. the sheriff may resist those who commit waste or offer to do so. a. Lit. 35. Vide 10 Vin. after he has been declared the highest bidder by the sheriff or coroner. Dig. 121. in order to make him amenable to the court as for a contempt in case of his disobedience to the injunction of the writ. 320. 3 Johns. Arch. 382. relies merely on the estoppel. they assess damages which the plaintiff recovers. 2 Johns. 509. C 3 Johns.

absque hoe. 4 Halst. or it is whatever is exhibited to a court or jury. to answer. of his right of property in such a thing. 432. and says. of some right in relation to the thing. 1 Saund. 2. when the possessor is wholly deprived of his rights in the whole thing. Evidence. with interest and costs. 1 Bouv. it became the practice to plead in the following form: " And the said C D. 126. R. whether it be by matter of record. See. c. n. 245. 4 Mass. Archb. R. 523. 455. as. EVICTION. 475−7. In Massachusetts. C. in order to give him that freedom necessary to the performance of his respective obligations. 3 Mass. 3 Call’s R.. C. Bac. The eviction may be total or partial. In practice. as. 4 Kent. either in whole or in part. This Latin phrase signifies going. 44. 17. 2 McCord’s R. a witness. as if a man should tempt another to strike him first. so as to entitle the vendee to the whole consideration money. he recovers from the seller. Cooke’s Term. and a third person recovers by a better title twenty−five. and no more. bears to the value of the whole tract. s. 3 Caines’ R. 25. 209. Formerly the pleader was required to be very particular in making his defence. ET NON. 2. for example. or by the testimony of witnesses. & Ten. . 7 Com. 447. 13 Johns. 108. morando et redeundo. and a well adjusted constitution of government. 19. 1. The contract is not rescinded. in pr. to enable them to decide upon the questions in dispute or issue. that the value of land to which the title has failed. R. 2. if a stranger should claim and establish a right to some easement over the same. 3 Bl. Wishard. 8. and they are to bear the same ratio to the whole consideration. Eq. R. the consideration money. 50. and half defence was used when the defendant intended to plead to the jurisdictions or disability. tit. EUNOMY. as an elector. Dig. 10. n. 10 Rep. Pl. Fraud. R. 3 Des. When the eviction is only partial the damages to be recovered under the covenant of seisin. ET CETERA. are a rateable part of the original price. R. 1 Bay. & R. & Munf. 3. It is employed in cases where a person either as a party. Equal laws. 4 John. 6 S. Inst.. Com. R. 413. A subtle device to set aside the truth. An escape from custody. Civ. or it is that which is legally submitted to a jury. The loss or deprivation which the possessor of a thing suffers. Ab. 81 Hawk. concerning the truth of any matter in dispute. See 3 Bouv. when he is deprived of only a portion of the thing. 272. it signifies. 202. To prevent the inconveniences which might arise by pleading full or half defence. &c. These words are sometimes employed in pleading to convey a pointed denial. and so of the rest. EVIDENCE. 1. and returning. 139. note. comes and defends the wrong and injury. A male whose organs of generation have been so far removed or disorganized. but only to the amount of the relative value of the part lost. Code of Lo. because he becomes himself the aggressor in such a case. the &c. Inst. 3 Bouv. Landl. That which demonstrates. 4 Dall. Ab. R. When the grantee suffers a total eviction. his attorney. Ev. 4 Kent’s Com. 5 Johns. Lois Civ. 1 H. R. R." which was either full or half defence. 427. in consequence of the right of a third person established before a compenent tribunal. 367. 2490. he impliedly admitted the jurisdiction of the court. It is total. makes clear. &c. 2 Const. or escape the punishment of the law. Ab. In taking recognizance. as follows: A B. Pl. as to other states. and the competency of the plaintiff to sue. 31. which has been adopted into English. that he is rendered incapable of reproducing his species. 49. R. Vide 6 Bac. 2 Bibb. and 322 a. or one acting in some other capacity. 2. to signify that he is protected from arrest eundo. Civ. &c. &c. Woodf. tent. Domat. (q. 441.) B making full defence. it is usual to make an entry on the docket of the clerk of the court. 5 Munf. 462. 111. partial. 326. v. P. And not. 3380. is used to supply the place of words which have been omitted. R. 447. The grantor has no concern with the future rise or fall of the property. or ascertains the truth of the very fact or point in issue.. c. remaining. "and the others. liv. 265. 1 Stark. He is nevertheless punishable. 2981. nor with the improvements made by the purchaser. 12 Johns. and he has a covenant of seisin.497. Pl. 584. if he had fifty acres of land. in order to enable them to pronounce with certainty. in order that he might have an opportunity of returning the blow with impunity. 204: note 2. P . 2 Chit. note 2. by E F. R. the measure of damages on a covenant of warranty. in the sum of $1000. 659. They have the same effect as without this. 656. n. Bac. EVASION. or. 3. as pointed out by the pleadings and distinguished from all comment or argument. A Latin phrase. 464−5. 1 Harr. n. R. 128. A. when. prel. or writing. _24. 2 Saund. EUNUCH. 415. Com. Steph. ET REDEUNDO. Inst. is privileged from arrest." it is commonly abbreviated. This seems to be the general rule in the United States. is the value of the land at the time of eviction.. EUNDO MORANDO. R. 3 Id.

would alter the case to the prejudice of the party. − 4. or even give parol evidence of the contents of a deed. and in that case no copy or other inferior evidence will be received. 234. After proof of the due execution of the original. 478. and. The person who possesses it must be applied to. 1. and the law rejects secondary or inferior evidence. 2. if there be one. 3 Yeates. Hearsay. 390. if produced. 530. direct and positive evidence is that which is communicated by one who has actual knowledge of the fact. R. 6 Binn. 469 8 Mass. 5. 6 T. Evidence is direct and positive. The nature of the evidence. 116 1 Stark. 117. 8 East. 8. 213. shall be required. 7. 8. Presumptive evidence is that which is not direct. & A. for example. 291. 273. − 5. If. then secondary evidence will be admitted. The object of the evidence. 6 Binn. R. 14 E. 5 E. 389. it may be proved by the testimony of one only. 6 C. it must be clearly made to appear that the superior evidence is not to be had. 2. R. & A. Civ. for example. 3 B. 7 Serg. 1 Phil. 228. in the case of a stranger. R. 1 Campb. therefore. evidence may be considered with reference to its being 1. notice to produce such primary evidence must be proved before the secondary evidence will be admitted. C. is not requisite. and it seems that no evidence of a mere copy is admissible until proof has been given that the counterpart cannot be produced. for example. 6. 11. 566. R. 6 Binn. and Rosc. The law generally requires that the best evidence the case admits of should be given. or that proof which most certainly exhibits the true state of facts to which it relates. C. 1 Keb. by any witness who knows that it is a copy. 4. 116. Presumptive. 10. 2 Taunt. The effect of evidence. a fact which is not positively known. 4 Binn. the party may produce an abstract. 12. & C. in common acceptation.2. and the object is to prove what it was. R. R. R. Rep. 3. although it appear that an attested copy is in existence. a copy may be proved in evidence. R. for this is the next best evidence. when a written contract has been entered into. 278 3 B. A receipt for the payment of money. S. This is a rule of policy. 5. Admissions. establishes the truth of a fact in issue. That species of proof which is admissible on the loss of primary evidence. the contents should be proved by a counterpart. Secondary evidence. and an apprehension that the best evidence. it is requisite to produce the original writing if it is to be attained. that the substitution of inferior for better evidence arises from sinister motives. 377. 4. a subpoena and attachment. R. it is evident that the fullest proof that every case admits of. when it is attempted to be substituted for evidence of a higher or superior nature. C. Hearsay. 6 T. 101. is the evidence of those who relate. if. S. will not exclude parol evidence of payment. it may yet be proved by parol evidence. 10 Mod. B. & P. In one sense. N. 1 Campb. 52. L. he may prove the contents of a deed by parol. Ev. R. The instruments of evidence. R. 66. 1 Stark. must be taken out and served. in the case of a party. from having compared it with the original. − 1. When primary evidence cannot be had. to give the fullest proof that every case may admit of. and which becomes by that event the best evidence. or such proof as is acquired by means of one’s own sense. 102. is presumed or inferred from one or more other facts or circumstances which are known. 293. and does not arise from any presumption. But it has been decided that there are no degrees in secondary evidence: and when a party has laid the foundation for such evidence. 3. because then it is the best. 295. but where. there be several eye witnesses to a fact. Primary evidence. & Rawle. note. C. 8 Id. 13. It is not always requisite. 254. 1 Stark. 611. 14 Esp. Positive. 296. As it refers to the quality rather than to the quantity of evidence. If there be no counterpart. To this general rule there are several exceptions. R. there is but little direct or positive proof. when proper. 1. Ev. 2. there are several eye−witnesses to a fact. 18. 9. if believed. − 3. C. as. on the contrary. If there be no copy. But before such evidence can be allowed. 7 East. grounded upon a reasonable suspicion. when the very facts in dispute are communicated by those who have the actual knowledge of them by means of their senses. Secondary evidence. L. but what they have heard from others. 1. It is a rule that the best evidence. . 13. This rule relates not to the measure and quantity of evidence. 556. Vide article Presumption. 206. 439. L. P. As to its nature. Positive or direct evidence is that which. Bull. but to its quality when compared with some other evidence of superior degree. 6 E. not what they know themselves. it may be sufficiently proved by one only. whether he be a stranger or the opposite party. R. Evidence may be considered with reference to. and see 7 B. P. all other evidence is presumptive but. Ev. Primary evidence. 6. N. that the writing should be produced. 4. Ev. 19. It is not necessary in point of law. if the narrative of a fact to be proved has been committed to writing. 236. when the matter to be proved has been reduced to writing. − 2. R.

that the evidence shall be confined to the point in issue. 2 H. 3. 17. Cas. See Boundary. for when a prisoner is charged with an offence. R. 376. 2 B. 114. make of the existence of certain facts. does not apply to those declarations to which the party is privy. 364. Rep. C. − 4. − 7. 745. & A. from their very nature. Rep. and when the conspirators no longer act in concert) cannot be received. 573−4 S. In general. See. It is to ascertain the truth between the parties. 2 Russ. Many facts. Justice and convenience require the observance of this rule. 1. 205. Rep. or those who act under his authority. 2 Leigh’s R. Such mere recitals or assertions cannot be received in evidence. evidence of the character of either party to a suit is inadmissible. for other reasons. 399. 19. R. 3 Serg. Admissions are the declarations which a party by himself. which are now binding as law: 1. 2 Yeates. 3 Pick. or that the drawer had general authority from him to fill up bills with the name of a fictitious payee. but when such a fact is material to the issue joined between the parties. 220. The general rule excluding hearsay evidence. have arrived from the place of date. Prescription. 2. it may be given in evidence. Opinion. and with regard to whom or to which it is inadmissible. − 6. and the like. imperceptible by the senses. 24. C. 1 Stark. 376. & Rawle. 47. and 10 Pick. some from their nature. 185. L. In criminal cases. 19. 1 New Rep. evidence of other offences of the same kind. yet if it bear upon the point in issue. consisting itself in the commission of a number of acts. to cause himself. both in civil and criminal cases.14. 11 Price’s Reports. 205. As in the case where a prisoner had passed a counterfeit dollar. C. Rep. Ev. do not admit of the ordinary and direct means of proof by living witnesses. may be given in evidence against the prisoner. pt. 166. as in the case of conspirators. 458. 325 and see 1 Phil. C. 5. but only the substance is required to be proved. 2 Leach. Ev.− _2. for example. 985. 15. C. 1035. 25. It is a general rule. which forms the subject of the indictment. and a variety of cases which do not fall within the rule. secondly. On an indictment against a defendant for a conspiracy. as. L. and therefore. 1 Rawle. To prove the guilty knowledge of a prisoner. 92. & Rawle. with regard to the transaction in question. resort must be had to the best means of proof which the nature of the cases afford. 44. 99. − 2. as also questions which depend upon the exercise of particular skill and judgment. When evidence incidentally applies to another person or thing not included in the transaction in question. prescription. 497. has no opportunity of cross−examination. See Admissions. evidence of those acts is not only admissible. E. 381. but confessions made by one of several conspirators after the offence has been completed. The substance of the issue must be proved. 3 Serg. 16. when referable to the issue. and. 75. The object of evidence is next to be considered. 362. Custom. P. being such as are either necessarily or usually. 1 Campb. there are several exceptions. 288. evidence may therefore be given of a representation to another tradesman at a different time. may be proved. When special damage sustained by the plaintiff is not stated in the declaration. and therefore incapable of the ordinary means of proof. evidence may be given to show that he had accepted similar bills before they could. which alone he has come prepared to answer. 2 Day’s Cas. − 6. 8 Bingh. To this general rule. R. that the party making such declarations is not on oath and. because the party against whom it operates. C. it will be re−ceived. or to admissions which he himself has made. C. 2 Brec. − 1. from their date. These are questions of pedigree or relationship. 143. notwithstanding it is not in the declaration. 33. 9. 2 Day’s Cas. S. it is of the utmost importance to him that the facts laid before the jury should consist exclusively of the transaction. boundary. 4 Rogers’ Rec. 2 East. particularly in criminal cases. The acts of others. & Ry. Vide article Confession. 18. 269. but essential to support the charge. S. Bl. Ev. 22. or usually exclude direct evidence to prove them. 20. 193. to be believed a man of large property. 2 Johns. 21. R. 158. 21 Eng. but principally for the following: first. custom. character. Vide Admissions. The affirmative of the issue must be proved. evidence of collateral facts is not admissible. Pedigree. is admissible against him. − 3. either absolutely. 2 Pet. in order to prove that the acceptor of a bill knew the payee to be a fictitious person. Ev. committed by the prisoner. though not charged in the indictment. when the offence is a cumulative one. In general. 1 Phil. C. 9 Conn. Russ. for many reasons. and others from their antiquity. 694. it is Dot one of the points in issue. yet in some cases such evidence may be given. on Cr. yet a damage which is the necessary result of the defendant’s breach of contract. 1. 1 Phil. 4 Cranch. for the purpose of defrauding tradesmen after proof of a representation to one tradesman. − 5. Such facts. other counterfeit dollars . It has been discovered by experience that this is done most certainly by the adoption of the following rules. p. evidence that he had. and. 23. 1 John. evidence of it cannot be received. Vide article Cha?−acter. The evidence must be confined to the point in issue. consequently.

(Vide Authentication. by a person who has seen him write. But it is no variance to omit a person who might have been joined as defendant. The consideration of the instruments of evidence will be the subject of this head. 11 Serg. & A. C. Records are to be proved by an exemplification. 291 b. When the intent of the prisoner furnishes one of the ingredients in the offence. 28. 14. 2 Const. 291 d. in all cases where the issue is nul tiel record. and other circumstances of its performance. 573. R. 154. 34. are prima facie evidence of goods sold and delivered. − 2. is described with circumstances of greater particularity than is requisite. Roscoe’s Cr. 27. C. 333 3 W. and not guilty of the robbery. − 1. Vide original entry. Private writings are proved by producing the attesting witness. The consideration of the contract must be proved but it is not necessary for the plaintiff to set out in his declaration. 12. Rep. R. duly proved. 31. affirmative should prove it. and of work and labor done. 3 Rawle. an examined copy. he becomes infamous. 3 Rogers’ Rec. & Rawle. 758. as contra−distinguished from that which is written or documentary. descriptive of some person or thing. 148. or in case of his death. R. or other legal inability to testify. And. it is incumbent on the party asserting the illegitimacy to prove it. When the issue is on the legitimacy of a child therefore. in general. Cas. he may be found guilty of larceny. 3 Stark. first. 2 Campb. 812. Under this rule will be considered the quantity of evidence required to support particular averments in the declaration or indictment. R. 302. In criminal cases. Ev. − Secondly. − 3. 349. absence. 3 Rogers’ Rec. In other cases. or witnesses. or to give effect to a written instrument which is defective in any particular which by law is essential to its validity. P. 8. The substance of the issue joined between the parties must be proved. 37. 1. manner. 30. n. 347 6 Serg. 485 and 1 McCord. 312. It is a general rule. 29. alter or vary a written instrument. 190. 1 Bailey. R. and the entire act to be done in virtue of such consideration. 110. See Comparison of handwriting. 35. − 2. But this rule ceases to operate the moment the presumption of law is thrown into the other scale. 350. 2 T. 300. 77 4 Ohio. Vide Onus Probandi. or to contradict. where the latter is required by law. C.. private writings. or in a course of correspondence has become acquainted with his hand. the evidence must correspond with the averment. 1 Phil. 11 Serg. 1 Harr. R. That it is. or prove on the trial. n. 2 Stra. R. must be proved as laid. as. 132. & Ry. & Rawle. 77. R. 6 E. 745. sufficient to prove what constitutes an offence. be of the same class with that of which he is charged. & Rawle. each of which. & Rawle. 223. or party injured. When a person or thing. N. 1 Wheeler’s Cr. Id. 1 Rawle. 14 E. − 2. necessary to be mentioned in an indictment. The offence of which the party is convicted. 3 Day’s Cas. L. 26. or by the . in general. including the time. or as a substitute for. as if. 32. The general rule with regard to the burthen of proving the issue. it is sufficient to prove one intent only. P. 31. yet those circumstances must be proved. the several parts of a contract consisting of distinct and collateral provisions. 1 Campb. it may be laid down. 136. For example. 4 B. R. Books of original entry. because the non−joinder ought to have been pleaded in abatement. R. 35. a written instrument. 282. 1133. R. however. will. together with the act done. 415. it is sufficient to state so much of the contract as contains the entire consideration of the act. requires that the party who asserts the. 33. R. of civil cases. or that which is given viva voce. 163. It is enough to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified. & John. 701. although it was unnecessary to make it. 2 Hale. R. be evidence. R. when duly proved. 324. 585. either appointed by law. 1 i Leach. 1 Saund. 2 Selw. The testimony of witnesses is called parol evidence. If a man be indicted for robbery. − 3. his handwriting may be proved. 3 Penn. 568. after attesting the paper. Ev. and 5 Binn. These consist of records. The name of the prosecutor. 709. that oral evidence shall in no case be received as equivalent to. duly authenticated. 5 Randolph’s R. 1.in his possession is evidence to prove the guilty knowledge. − 4. must. 6 East. Foreign laws as proved in the mode pointed out under the article Foreign laws. 427. it may be proved by the evidence of the handwriting of the party. Presum 2 Gall. 776. The affirmative of the issue must be proved. 2 Leigh’s R. When there is no witness to the instrument. 455. L. 36. 10 Serg. and several intents are laid in the indictment. if a party be charged with stealing a black horse. 387. Proof by witnesses. 1 Sauud. R. if it appear that a party who ought to have been joined as plaintiff has been omitted. and the rule is the same with reference to the name of a third person introduced into the indictment. C. constitutes an offence. 1 Ashm. − _3. 2. It is a fatal variance in a contract. − 5. Russ. C. 283.

R. 30. 21. records and proceedings. 1 Bibb. R. 242. 563. in some instances. R. DIRECT. R. t. and judicial proceedings of every other state. Greenleaf. R. the state courts may decide. R. EVIDENCE. CONCLUSIVE. 361. 1 Serg. 13 Mass. s. Vide Res Judicata. or arrogate the authority of. 429. and hence this is called circumstantial evidence. 1. except in a latent ambiguity. P. 730. But parol evidence is admissible to defeat a written instrument. Addis. R. And congress may. 3 Cranch. 532. on the ground of fraud. 4. 7 Cranch. or by a friendly hand that came too late to the relief of the deceased. 270. see article Foreign Laws. 9. Obl. 53. without any intervening process. See as to the conclusiveness of the judgments of foreign courts of admiralty. 2 Marsh. or is essential in order to give to the instrument its legal effect. That which. The record of a court of common law jurisdiction is conclusive as to the facts therein stated. Pl. 464. French law. As to the effect of foreign laws. or that which is not contained in the body of an agreement. and Bouv. 293. the facts are directly attested. Under this head will be considered. CIRCUMSTANTIAL. 5 Day’s R. − 1. Tr. 11 Mass. For the force and effect of foreign judgments. records. t. 6 Conn. Roscoe. 271. 39. But the judgment and record of a prize court is not conclusive evidence in the state courts. instantly died. 616. Id. generally. EVOCATION. R. 458. that which is not direct evidence. Inst. where a man had received a mortal wound. C. and. The act by which a judge is deprived of the cognizance of a suit over which he had . of which he. & Rawle. in each state. contract. Circumstantial evidence is of two kinds. Ken. 8. 234 10 Wheat. 140. The effect of judgments rendered in the United States. Vide. 2d. R. 1 Desaus. c. explain. 443. EVIDENCE. R. 3 Marsh. namely. 1 Yeates. External evidence. Ev. and of records lawfully made in this country. It is certain when the conclusion in question necessarily follows as. see article Foreign Judgments. 27. oral testimony would be admitted to usurp the place of evidence decidedly superior in degree. 2 Yeates. 473.contract of the parties. 1. and is conclusive. 1324. 408. 271 11 Mass. that "Full faith and credit shall be given. 2 H. 434. 41.. 5 3 7. As a general rule. and whether it had or not. 2. 345 1 Bay. 1 Day. while uncontradicted. or. or to rebut presumptions arising extrinsically. 3 Conn. R. and the like. Swift. Ev. vary or change the terms of a contract or of a will. 30. to be the appropriate and authentic memorial of the particular facts it recites. R. 2 Wash. R. of Gilbert. Starkie. stand in the same situation. Index. as an heir 3 Mod. Poth. But it is uncertain whether the death was caused by suicide or by murder. EVIDENCE. prescribe the manner in which Such acts. the parol evidence does not usurp the place. written evidence. directly upon the point in issue. or to apply it to its proper subject matter. 333. 3 Bibb’s R. 4. 587: 3 Serg. 6 Conn. Phillips. if A testifies he saw B inflict a mortal wound on C. 85 1 Binn. but either shows that the instrument ought not to be allowed to operate at all. 16 Const. the Treatises on Evidence. 64. 57." Vide article Authentication and 7 Cranch. shall be proved. 2 Dall. 1st. 17 Mass. 481. Vide Circumstances. 2.. and it is found to fit exactly with another part of the blade found in the possession of the prisoner. is a bar between the same parties: 1 Phil. 546. For example. Id. − 2. EXTRINSIC. as. for by doing so. 14 John. it was certain some other person than the deceased must have made such mark. 369. − _4. or privies in estate 1 Ld. 3 Binn. Rawle. Raym. C. see 1 Pet. 1 Murph. It is a general rule that extrinsic evidence cannot be admitted to contradict. 175. Gilmer. Macnally. 9 Cranch. certain and uncertain. Bunb. 12 Johns. proved. The Constitution of the United States. C. R. & S. 610. 508. mistake. 49. 172. and the effect thereof. and that a piece of the blade was found in the wound. 42. 3 Camp. 1 Esp. R. & M. The proof of facts which usually attend other facts sought to be. B. or to rebut a resulting trust. declares. N. by general laws. 2. 77. 55. _13. 426 4 Desaus. 4 Bibb. as those they represent. as ancillary to such application. and whether the mark of the bloody hand was made by the assassin. EVIDENCE. to explain the meaning of doubtful terms. the verdict and judgment may be used for or against them. 340. 381 1 N. St. 1 Conn. h. 4 Cranch. satisfies the judge and jury it is also that which cannot be contradicted. 1 Greenl. 1 M. a judgment rendered by a court of competent jurisdiction. 3 Wheat. 38. The effect of foreign judgments and laws. 1 Binn. 247. 20 Johns. R. &c. Bentham. h. R. R. 40. unless it had jurisdiction of the subject−matter. 141. 192. 211. R. when a witness testifies that a man was stabbed with a knife. Peake. 1 Bibb. the various Digests. That which applies immediately to the fadum probandum. R. but they only prove circumstances. 14 How. R. 469. R. The effect of evidence. art. Kty. 421. and privies in blood. to the public acts. 232. In these cases. and it was found that the impression of a bloody left hand had been made on the left arm of the deceased. 2.

under color of his office. and the article Retrospective. may be made good or avoided by matter ex post facto. or by one who. 1 Co . Ex parte paterna. 3 N. EX MORA. when the opposite party has had notice. takes more fee or pay for his services than what the law allows. property put upon the land of another from necessity. contracts. S. This is a technical expression. This prohibition in the constitution against passing ex post facto law’s. See Distress. 1. A man is bound to pay money which ex oequo et bono he holds for the use of another. See Action. Nemo tenetur prodere seipsum. 356. h. would not be so. under. Rep. 475. EX TEMPORE. R. 133. R. 1 Blackf. Litt. Many things may be done ex parte. & M. ex parte materna. 13. Mere motion of a party’s own free will. EX NECESSITATE LEGIS. misdemeanor. (1 & 2 P. EX MERO MOTU. 413 1 Kent. which has been defined to be one which renders the act punishable in a manner in which it was not punishable when it was committed. 2. Marsh. This phrase is frequently employed in inquisitions by the coroner. Ind. ex officio. From the time without premeditation. v. When a cause of action arises from fraud or deceit. crim. 271. or property descended to a person from his father. EX POST FACTO. 3 Dall. EX VISITATIONE DEI. Those actions which arise in consequence of a crime. and affecting a person by way of punishment of that act. in the latter. EXACTION. From the necessity of the thing. 146. 10. 138. charged with any of the crimes therein mentioned. EX VI TERMINI. where it signifies that the death of the deceased is a natural one. as a bond ex vi termini imports a sealed instrument. and not to civil cases. Serg. as well is that of the . Cowell. By force of the term. c. cannot be distrained for rent. EX DELICTO. Dane’s Ab. art. for example. 7 John. which signifies. R. that in the former case the officer extorts more than his due. may. The same as aquagium. which. A judge. R. The Constitution of the United States. Out of fraud or deceit. EWAGE. 193 2 Pet. 2. on the side of the father. Index. EX NECESSITATE REI. on the part of the mother. he exacts what is not his due. 363. make rules and orders which the parties would not strictly be entitled to ask for. t. trespass. Com. 6 Cranch. which would not be justifiable without it. 563. R. Vide 2 Pick. EX OFFICIO. 368. (q. Necessity. when there is nothing due to him. be a conservator of the peace. For example. 2 Root. by the statutes of Philip and Mary. In England. EX AEQUO ET BONO. it cannot be supported: Ex dolo malo. EX PARTE. In equity and good conscience. Wishard. 2 Pet. trover. either in his person or estate. that something has been done after another thing. R. Many acts may be done ex necessitate ret. or tort. 6 Binn. By or from the visitation of God. Co. 1 J. replevin. non oritur actio. 5 Monr. To prevent injustice. when something is due to him. An estate granted. torts. 408. other circumstances. This definition extends to laws passed after the act. the justices before whom any person shall be brought. R. Const.) the principles of which have been adopted in several of the United States. 3. applies exclusively to criminal or penal cases. when an election is given to the party to accept or not to accept. 11 Pick. 9 Mass. and sometimes property is protected. law. c. for the purpose of conferring on other judges the power of deciding it. crim. 10. from the default. fault. law. 681. A willful wrong done by an officer. Vide Action. A toll paid for water passage. Rep. shall take the examination of the prisoner. From the necessity of law. This is done with us by writ of certiorari. sec. This term is applied to such things as arise from a contract.jurisdiction. EX DOLO MALO. an affidavit or deposition is said to be taken ex parte when only one of the parties attends to taking the same. From the delay. 386. 2 & 3 P. By virtue of his office. as an action which arises ex contractu.) EX CONTRACTU. J. the courts will. EXAMINATION. Law. 488. actions arising ex delicto are case. and a justice of the peace. U. 4. 350. Between extortion and exaction there is this difference. R. ex mero motu. forbids the states to pass any ex post facto law. 28. & M. in relation to the latter. By the common law no one is bound to accuse himself. ex necessitate rei. All persons are bound to make amends for damages which arise from their own default. H. Of the one part. Many powers are granted and exercised by public officers which are not expressly delegated. 172.

9 C. Ev. when it can be obtained. 4 Hawk. 49. 3. 3 Rand. R. 110. Examples illustrate. & P. 564. EXAMPLE. R. R. & Rob. P. The signature of the prisoner. When the prisoner has signed the examination. 395. book 2. a broker. Litt. and deliver to the officer of the court where the trial is to be had. R. 1. or register. Ev. Ev. 17. N. 3 Yeates. it is known by the name of cross−examination. it is called an examination in chief. and which has been compared with the original. 177. 483. 3. Exchange. Joy on Conf. but. This term is now obsolete. 3. sickness. _520. R. 3 Call. the examination is not considered voluntary. The name of an exchanger of lands. 413 3 J. c. J. See. EXAMINATION. as well as the identity of the prisoner. 2 Leach. in order to pass her title to her own real estate or the interest she has in that of her hushand: as to the mode in which this is to be done. and make his statement under oath. 89−92. 2. 2. in writing. 189. Ev. The laws of the several states require the private examination of a feme covert before a competent officer. For rules as to the mode of taking examinations. 242. R. he absolutely refuse. The prisoner need not sign the examination so reduced to writing. Before it can be given in evidence. 124. Officers in the courts of chancery whose duty it is to examine witnesses. 1 M. Vide Cross− examination. or so much as may be material. Dig. & P. 67. 120. and that he assented to it. nor can parol evidence be received of what the prisoner said on the occasion. v. Vide Copy. or did not consider himself to be so. R. then it may be made before authorized commissioners. 2 Stark. 548 1 Yerg. Ev. principle. 299. 4 C. proof of his handwriting is sufficient evidence that he has read it. An example is a case put to illustrate a. 1 Edw. − 1.: on account of age. it will be considered incomplete. and prove that the writing was duly read to him. also. (q. Cas. It must be reduced to writing. When the examination is made by the party who called the witness. pt. R. 4 Leigh. 397. c. Be voluntarily made. R. 2 Gill & John. if such record. This phrase is applied to designate a paper which is a copy of a record. − 3. Cr. s. R. It is required that it should. 1st. an examined copy would not be evidence. P 1. 6 Penn. R.) . 24. but if he has merely made his mark. R. 3 Yerg. when not specially required by statute. R. 1 Greenl. and because any fraud or mistake made in the examined copy would be so easily. 177. The examination is to be made in open court. 1 Dall. How it is to be proved. The effect of such an examination. in order to ascertain their qualifications before they are admitted to practice. practice. 242.witnesses. Eq. 1 Stark. in order to ascertain his knowledge as to the facts in dispute between parties. It will be proper to consider. and the law presumes the magistrate did his duty and took down all that was material. Chancery.) 2. _216. 4 S. P. 1 Stark. 1 Hill. Cr. 87. 6 Wend. Such examined copy is admitted in evidence. 394. 625. 627. EXCAMBIATOR. 2. Ev. The statute requires that the examination shall be reduced to writing. 1. 241 2 A. public book. but when. 3 Monr. the magistrate or clerk must identify the prisoner. EXAMINED COPY. 2d. EXAMINERS. v. Marsh. is sufficient to found a conviction. 8 S. 9. 46. except in particular cases. 1 Greenl. see Gresl. though it is proper to obtain it. or if he did not feel at liberty wholly to decline any explanation or declaration whatever. 1 Campb. or not signed it at all. The prisoner. R. Persons appointed to question students of law. & P. The interrogation of a witness. 498. see Acknowledment. 5. 273. 1 Stark. the witness cannot be so examined. are also called examiners. (q. The requisites of such examination. Cr. 4. 1st. & R. Leading question. Cas. _91. or where the original must be produced in order to identify the party by proof of handwriting. R. if being asked to sign it. _37. Marsh. 189−191. Com. Bull. and. practice. 59. when properly taken and proved. 1 M. 5 Mason’s R. Law Journ. 469. But an answer in chancery. 572. − 2. R. 3. Law. The law is particularly solicitous to let the prisoner be free in making declarations in his examination. When it is made by the other party. which the magistrates shall subscribe. Co. and if the prisoner has not been left entirely free. The certificate of the magistrate is conclusive evidence of the manner in which the examination was conducted. 1 Greenl. 2 Leach. l Greenl. or other cause. but do not restrain or change the laws: illustrant non restringunt legem. were removed from place to place. _227. 11. cannot be sworn. Its effects. public book. EXCAMBIUM. 1. on which the defendant was indicted for perjury. 7 C. n. 468 1 Monr. 1 Chit. 242. or register. 5 C. is not indispensable. In the examination in chief the counsel cannot ask leading questions. because of the public inconvenience which would arise. of course. and the writing cannot be read in evidence against him. 812. & R. 2. & P. without any compulsion of any kind. & Rob. to give it validity. when practicable. 2a. C. 471. K. detected. a. & P. 7 C. its identity must be proved.

which would be. which by the use of a videlicet. or by a surety in an hypothecary action. Ev. H. 2. the rule that they shall not make any contrary to equity. 307. 1 Lilly’s Ab. 10. R. 282. 343. pleading. Woodf. Those which relate to formes. 337. This word has several significations. Britton. 332. the former is always a part of the thing granted. 10 L. 369. either at a price agreed upon. 91. Bract. Proc. contracts. by which the lessor excepts something out of that which he granted before by the deed. therefore. 228. 1 N. An exception differs from a reservation. is void. s. R. 68. 703. of Lo. It must be of a thing as he that accepts may have. Wright’s R. It must be part of the thing only. 2. 3 Pick. 6 Pick. art. exchange on England is five per cent. R. 421. Dilatory exceptions are such as do not tend to defeat the action. Proc. The price which is paid in order to obtain such transfer. others arise from the law. the latter is of a thing not in esse but newly created or reserved. A declinatory exception is a species of dilatory exception. The exception must be by apt words. on account of its generality. Re−interrogation. These may be pleaded at any time previous to definitive judgment. These must be pleaded in limine litis. as well as the exception of discussion opposed by a third possessor. It must be of such thing as is severable from the demised premises. practice. saving and excepting.. 6 N. 1. it is the allegation of a party in writing. Merl. Code of Lo. − 2. Ch. By exception is also meant the objection which is made to the decision of a judge in the course of a trial. Id. of L. S. 420. 4 L. An exception differs also from an explanation. n. R. 38. tend to have the cause dismissed. Co. be pleaded in limine litis before issue joined. 2 Benth. 2. practice. Code of Pr. 7 N. is also known among merchants by the name of exchange. lib. in general. S. which extends to the whole thing demised. 77..EXCEPTIO REI JUDICATAE. Parerg. 5 S. Code of Pract. 5. 3. legislation. com. 48. without going into the merits of the cause. except one acre. 251. owing to some nullities in the proceedings. and Ten. It must be of part of the thing previously described. 1 L. EXCHANGE. is the exception. It must be of a particular thing out of a general. These. and is well known by the name of a bill of exchange. 1 Barton’s Elem.. t. EXCEPTION. v. 6. civ. Peremptory exceptions are those which tend to the dismissal of the action. or which is fixed by commercial usage. For example. it is a general rule that parties competent may make contracts. Pr. An exception is a clause in a deed. 1 Harr. See Res judicata. S. or because the cause of action has been destroyed or extinguished. 7. in the French law. either because it is prescribed. Litt. or contra bonos mores. 3. construction. c. See 4 Wash. tr. &c. R. R. These exceptions must. 5. the greater part. these things must concur: 1. and render that just and proper. s. − 1. 2. nearly in the same sense that the word plea has in the common law. Touchs. or the effect of the thing granted. Eq. Exchange is a negotiation by which one person transfers to another funds which he has in a certain place. Exceptions against common right and general rules are construed as strictly as possible. law.. or to separate and distribute generals. Civ. (q. See Bill of Exception. To make a valid exception. an exception. 2. 4. 2260. EXCEPTION. 2. but only to retard its progress. 3. 334. proviso. Exchange on foreign money is to be calculated according to the usual rate at the time of trial. Rep. Poth. civil law. c. 546. & R. and not of some other thing. EXCEPTION. 3 John. &c.) 5. and not of all. Conv. 92. 2 N. non recevoir. because that acre was not particularly described. cap. and not of a particular thing out of a particular thing. 711. and hot of an inseparable incident. 499. Repert. partie 1. h. and which properly belongs to him. This term is used in the civil. Declinatory exceptions have this effect. 389. Landl. 375 8 Conn. R. The name of a plea by which the defendant alleges that the matter in dispute between the parties has been before adjudged. are those which. In chancery practice. as. art. R. which merely declines the jurisdiction of the judge before whom the action is brought. a lease of a tract of land. Civ. unjust and improper. C. C. Poth. 4. art. Exceptions are rules which limit the extent of other more general rules. EXCEPTION. 3. 47 a. or the exception taken in order to call in the warrantor. Id. 559. It must be particularly described and set forth.. 346. 1. 3. into particulars. would be void. Eng. is allowed only to explain doubtful clauses precedent. . in a lease. 208. 5. as. This transfer is made by means of an instrument which represents such funds. R. that some pleading or proceeding in a cause is insufficient. are called Fins de. partie 1. 272. 2. 104. Ayl. 2. Some relate to forms. Peremptory exceptions founded on law. Exceptions are dilatory or peremptory. show that the plaintiff cannot maintain his action. 1 Shepl.

and the court. Const. Ab. 1 Rolle’s Ab. consisting of the justices of the common bench. 124. 1758. Eng. Pr. denominate the profit which arises from a maritime loan. 489. Appx. EXCLUSIVE. Vide Cruise. Cowp. Lect. Dougl. Com. Com. t. Gall. said Justinian. 45. 3 East. which covers the table there. is also known by the name of exchange. one day is to be included and the other excluded. III. EXCISES. Com. Another court of exchequer chamber was created by the stat. 65 3 Har. law. − 4. 43. and frequently upon the retail sale. − 5. H. the place where merchants.. 147. and the articles Interest. 2.) or the transfer of goods and chattels for other goods and chattels. Dig. Duaren. Litt. 2. c.. 463. as inflicted by the Druids. Temps. though the term barter is more commonly used. 318. 5. 14 Pet. According to the Civil Code of Louisiana. In practice this mode of conveyancing is nearly obsolete. 243. Premium. 4 10 Vin. v. Vide Hob. Bills of Exchange. In this court all personal actions may be brought. EXCHEQUER R. or judicial part of it. to determine causes upon writs of error from the common law side of the court of exchequer. the one in consideration of the other. Eng. n. & Rawle. exchange. 32 Perk. which cannot be supplied by any other word. considering it in the light of money lent in one place to be returned in another. Debarring one from participating in a thing. (lib. 2 Mod.). 6 de Bell. 1 Bl. This kind of punishment seems to have been adopted from the Roman usage of interdicting the use of fire and water. assemble to transact their business. III. rights. or sue any person in the common law courts. 3 B. s. & John. Hall on Mar. s. IV. 341. 3 Bl. Prin. captains of vessels. Bl. It consists of two divisions. 71. Maritime. 2 Will.. it be by deed. Horsman. 139. 362 and 3 Wood. the parties enter into mutual agreement. Prin. by which he is excluded from the body of the church. Code of Lo. 714. In early times it was the most frequent and most severe method of executing ecclesiastical censure. It is called exchequer from the chequered cloth. On repentance. 3 Bl. Fr. Bac. 55. like the punishment spoken of by Caesar. Com. 3. although proper to be used. Hardin’s R. In a certain sense it interdicted the use of fire and water. 12. Dig. resembling a chesshoard. which is again divided into a court of equity. Also Civ. That if the lands lie in several counties. 323. called it the nerve of ecclesiastical discipline. in order to give the court jurisdiction of the cause. Com. c. art. eccl. Rep. paid sometimes upon the consumption of the commodity. tit. arising from the difference of time and place. as ten days from a particular time. 133−4. Innocent IV. 69. and disabled to bring any action. 200. Story. law. is one granted to a person to do a thing. 8. Nels. which manages the royal revenue. c. An ancient court of record set up by William the Conqueror.3 Wils. or described by circumlocution. 5. it be by deed indented. EXCHANGE conveyancing. An ecclesiastical sentence. 39. ch. Inst. 2630. 1 Serg. 1 Tuck. Com. A. but in certain enumerated actions. for forms. exchange agents and brokers. 51. 593 1 N. Watk. Com. b. pronounced by a spiritual judge against a Christian man. the excommunicated person was absolved and received again to communion. 125. 289. Litt. EXCHEQUER CHAMBER. the plaintiff in both (fictitiously for the most part) alleging himself to be the king’s debtor. This word is used to signify an inland imposition. The French writers on commercial law. 27 El. Dig. 361. It has authority to examine by writ of err6r the proceedings of the king’s bench. Com. 813 . G 8. Loans. A court erected by statute 31 Ed. c. Con. 56. 4. Code de Comm. _950. computation of time. 3 ]Penna. art. 2 Chit. 2055. a change has been made in this respect. the receipt of the exchequer. Lofft. R. By exchange is also meant.) only upon grave occasions. t.4. law. 123. − 3. An exclusive right or privilege. Ab.. There are five circumstances necessary to an exchange. The effect of it was to remove the excommunicated "person not only from the sacred rites but from the society of men. 280. not included. As when an act is to be done within a certain time. A patent right or copyright. Vide Watk. h. and a court of common law. 6. 581. 133. Con. 69. 2 Bouv. Litt. EXCOMMUNICATION.. n. . Damages on Bills of Exchange and Reexchange. 2 Bl. That if it be of things which lie in grant. art. 44. Shut out. De Sacris Eccles. when such profit is a per centage on the money lent. 5. Barter. Touchs. (Nov. or if the thing lie in grant. EXCLUSIVE. h. and the barons of the exchequer. That there be an execution by entry or claim in the life of the parties. Wooddes. with a difference in amount in the sum borrowed and that paid. & A. and forbidding all others to do the same. 276. Co. Id. 62. not so generally as that erected by the statute of Edw. exchange imports a reciprocal contract. Ab. (q. Rep. are of this kind. − 6. t. 407. That the estates given be equal. Sav. 2. and suits in equity commenced. These are said to be the powers of binding and loosing the keys of the kingdom of heaven. 1. Estates. Co. does not differ from bargain and sale. It is said that exchange. h. 1. 2. though they be in one county. 7. in the United States. That the word escambium or exchange be used. Dig. by which. But by stat. Vide the articles. An exchange is a mutual grant of equal interests in land.

that the sheriff has an execution against Paul. 220. the destruction of property in order to prevent a more serious calamity. N. so that it does not appear that the author of the trusts had a view to a future instrument for accomplishing his intention. lands are conveyed. the sheriff executed the convict. Car. etc. Hawk. TO EXECUTE. V. as. 1. F. in the following connexion: Et. than he appears to be. Something done. something completed. EXCUSE. 1.. 12. This statute is the origin of the scire facias post annum et diem quare executionem non. E. I. the term applies to the time of enjoyment. when it confers a present right of present enjoyment. 2. 3. of judging they had no choice. and the like. 44. and were compelled by necessity. in another. Ab. and this shall be a sufficient excuse for him: this is an excuse of the first kind. See Dalloz. to execute a deed is to make a deed. In one case an excuse may be made in. will not justify the sheriff. and therefore had no criminal will (q. c. 15. 45. and in another sense. EXECUTIO NON. he is less so. c. 13. 1. This term is frequently used in the law. These words occur in the stat. I. and others are called executory contracts. as. as. C. VI. Cro. Eng. 62. the fact of his having the execution against Paul and the mistake being made. it is merely vested in point of interest: when the right of immediate enjoyment is annexed to the estate. 146. lib. be arrests Peter instead of Paul.. or devised. It also signifies to perform. EXCOMMUNICATIO CAPIENDO.precipiatur vice comiti quod scire faciat parti. 23. 5 Eliz. 1 H. Cro. 3. and this will be an excuse of the second kind. which writ is returnable in the king’s bench. in trust for others. when the party killing is not altogether free from blame. 245. 1 Salk. This word presents two ideas differing essentially from each other. c. an executed trust. s. B. eccl. 1 East. in terms or in effect .. II. the sheriff was guilty of no offence. hence some contracts are called executed contracts. 45 or in offences relating to the domestic concern or management of the house. also Cro. 4. b. then only is the estate vested in possession. the latter may prove the facts. 4. and married women committing an offence in the presence of their hushands. 62. P. on Est. not malum in se. secondly. Prest. To make. for example.80. arrests him. A reason alleged for the doing or not doing a thing. 1 Vent. EXEAT. 421. 224. lunatics. founded on a hishop’s certificate that the defendant had been excommunicated. EXECUTED. Persons are sometimes excused for the commission of acts. the beating or killing another in self−defence. and Ecclesiastical Law. See Ridley’s View of the Civil. 3. to prevent its spreading to the neighboring property. which is used to express the written permission which a hishop gives to an ecclesiastic to exercise the functions of his ministry in another diocese. and in that sense. Among acts of the second kind may be classed. 3. 12. t. as the tearing down of a house on fire. 5 & 6 Ed. This is a Latin term. Excommunication. as an executed contract. See Statutes 3 Ed. but it will extenuate and excuse his conduct. 1 Hale’s P. cap. c. without any direction that the trustees shall make any farther conveyance. EXCUSABLE HOMICIDE.188. h. as to execute a contract. To execute also means to put to death by virtue of a lawful sentence. 293. 13 Ed. 295. and without any malicious design. law. in an action by the defendant against the sheriff. on Est. 567. An executed estate is when there is vested in the grantee a present and immediate right of present or future enjoyment. may be said to be partly induce by his own act. This word is frequently used in connexion with others to designate a quality of such other words. as the keeping of a bawdy house. See Agreement. and by mistake. to perform. or a complete justification. VI c. But suppose. where the buyer has paid thrice of the: thing− purchased by him. 64. 294. by showing that though guilty. or having power. 246. 6. or because they had no power of judging. crim. the case of a sheriff who has an execution against an individual. when by deed or will. 2 & 3 Ed. an estate is said to be executed. It is opposed to executory. 65 Bac. cap. c. and who in performance of his duty. WRIT OF. Among the first class may be placed infants under the age of discretion. which ordinarily are crimes. Trusts executed are. the defendant should conclude that the . v. c. The killing of a human being. 1 Prest. 5. either because they had no intention of doing wrong. 249. An executed contract is one which has been fulfilled. Dict. to do. eccl. only.Ministeriis. law. but the necessity which renders it excusable. an executed estate. &c. to and for the use of one person or several persons. When the right of enjoyment in possession is to arise at a future period. Eliz.). To a plea in bar to such a writ. 2. to follow out. A writ issuing out of chancery. C. 9 Ed. Take. law. as treason or murder.. Jac. the estate is executed that is. quod sit ad certum diem ostensura si quid sciat dicere quare hujustnodi irrotulata vel in fine contenta executionem habere non debeant. order to own that the party accused is not guilty.

(q. law.plaintiff ought not to have or maintain his aforesaid execution thereof against him. those which issue against his goods and chattels. out of the proceeds of which to receive his payment. a hangman. executions are so rare that there are no executioners by profession. as a capias ad satisfaciendum. EXECUTION. 48. 2 P. is a barbarism unknown to that law. v. Writ of Bxecution.).) habere facias possessionem. 2. by the testator’s appointment. 1 Rawle. or when he shall cease to be executor. (q. 4. Inst. 503. Toller. of Lo. t. v. or to procure a deputy to do it for him. n. 304.). 2.. 36. Wms. 2. all persons who are capable of making wills may be executors. The writ which authorizes the officer so to carry into effect such judgment is also called an execution. 1st. v. 99. (q. trusts. as the capias ad satisfaciendum. those which issue against his lands. 2. Generally speaking. Swinb. that is. as the term is at present accepted. contracts. The act of carrying into effect the final judgment of a court. which is called the executio non. (q. EXECUTION. The accomplishment of a thing. is called haeres testamentarius. EXECUTOR. 2 Bl. 32. the person who is appointed to perform the duties of an executor as to goods. as. 208. Index. Dig. or one appointed to the office by the last will of a testator. in pursuance of his sentence. and without restriction in regard to the testator’s effects. Code of Pr. Of the first class are the writs of habere facias seisinam. but until he shall satisfy the same. on Ex. 732. (q. an attachment. An executor is absolute or qualified. is meant a right founded on an authentic act. 2. (q.. Com. as infants and married women. as in other cases by actio non. and one which tends to an end but is not absolutely final. It is the duty of the sheriff or marshal to perform this office. h. art.) 10 Mod. 4. 2. this is called an execution quousque. 1 Ves. 548. 1 Will. or limitation in point of time. B. and which is called a final execution. Const. 3. c. by which the creditor may immediately. v. s. v. A writ of error lies on an award of execution. it is said. The word executor. or money. agreeably to law. In the United States. 541. t. taken in its largest sense. or other jurisdiction. a. the office is to be exercised.) distringas. v. without citation or summons. sealing. if one be appointed executor of all the testator’s goods in the state of . has several accep tations. the term executor. h. 7 Toull. t. The Constitution of the United States directs that "the executive power shall be vested in a president of the United States of America. according to their sentence. the. as the execution of a bond and warrant of attorney. pl. the president of the United States is invested with this authority under the national government. EXECUTION PAREE. A distinction has been made between an execution which is used to make the money due on a judgment out of the property of the defendant.). 2. 87. to the intent that the plaintiff shall be satisfied his debt. practice. In the civil law. 112 Swinh. 2. Yelv. jr. 430. v." Art. government. s. 503. 3365. 17. v. Bac. s. or the creation of the office may be conditional. Com. 4. is the person to whom the execution of a last will and testament of personal estate is . venditioni exponas. (q. 5. Vide Story..) Vide 10 Vin. and is not unlike a warrant of attorney. That power in the government which causes the laws to be executed and obeyed: it is usually. crim. 512. Executions are either to recover specific things. It imports a confession of judgment. and who has accepted of the same. who is one called an administrator to an intestate. and delivery of the same.. 4. for the time may be limited when the person appointed shall begin. 1 Sell. t. the levari facias. (q. the imprisonment not being absolute.. &c. It may be qualified. 3. (q. 3. Executor testamentarius. the elegit. and this is what is usually meant by the term. It may be qualified by limitation as to the time or place wherein. 98. 3. Ab. The appointment may be limited to a place. (q.) retorno habendo. By limitations in point of time. 47. 112. 6 Co.). t. and passed before a notary. and the governor of each state has the executive power in his hands. 1. 3 Bouv. 5 Rep. the various Digests. the property of his debtor. 1 Serg. by virtue of which the body of the defendant is taken. Corn. as if a man be appointed executor upon the marriage of testator’s daughter. 2. By the term execution paree.) 2.) the liberari facias. immediately. et seq. The officer in whom is vested the executive power is also called the executive. v. Tidd’s Pr. 6 Toull. namely. & R.. Rep. or the subject matters whereon. h. The putting a convict to death. confided to the hands of the chief magistrate. v. which is used in Louisiana. the fieri facias. An executor. 3 Atk. his appointment is absolute when he is constituted certainly. v. EXECUTIONER. confided. Executions for the recovery of money are those which issue against the body of the defendant. and some others beside. 2 Bl. pl. Courts will at any time grant leave to amend an execution so as to make it conformable to the judgment on which it was issued. Pr. EXECUTION. 218. Ab. h. seize and cause to be sold. n. EXECUTIVE. The name given to him who puts criminals to death. which is the signing. Executor dativus. 30. 1. (q. p. 1.

When there are several executors and all die. An executor derives his interest in the estate of the deceased entirely from the will. and. Touch. or of the subject−matter. v. Ex. 20. instituted and substituted. This rule has been changed. 29. yet quoad the creditors of the testator they are all executors. executors are not responsible for each other. and when there is just reason to believe he died insolvent. 17. Gord. 93. and endeavor to collect all claims with as little delay as possible. v. 88. He should ascertain the debts and credits of the estate. Com. consequently. By the common law. 645. in such case. 924. Off. not specifically bequeathed into money. − 2. B 10. To bury the deceased in a manner suitable to the estate he leaves behind him. 431. so that he is executor of the first testator. 636. He should reduce the whole of the goods. Godolph. Leg. and executor to the tenor. 424. In general. 12. s. and the law is the same when a sole executor dies leaving an executor. 2 Will. Pr. as an individual person. the rights are vested in the latter. Executors. 64. and may divide their authority. Ab. 11 Serg. 521. B. 23. Act of Pennsylvania. or he may be charged interest on it. 5 B. Be at all times ready to account. One may be appointed executor of one thing. 1. Ex. 2 W. − 4. − 3. − 5. He represents the testator. 508. 9. as of a particular claim or debt due by bond. the acts of any one of them. and may be sued as one executor. in Pennsylvania. The appointment may be conditional. in law. of March 15 1832. he is not warranted in expending more in funeral expenses (q. He can touch nothing which was not personal at the testator’s decease. The remedy was only in conscience or by a quo minus in the exchequer. Car. Bl. b. 9 Serg. Crom t. Plowd. VII. Dig.) than is absolutely necessary. there. et seq. and act as one executor. A special executor is one. or the . in respect of the administration of the assets. 293. their rights and powers survive to the survivors. 15. 1 Will. are considered. − 7. Ex. Executor.−9. consistently with the interest of the estate. 66. and the condition may be either precedent or subsequent. the acts of all. 21. 192. 1 Chit. some other states. except by devise. Ex. and they have a right to settle separate accounts. Com. 8. 4. A the executor of his goods and chattels in possession. Administration. Bac. Ex. Co−executors. by legislative provision. 3. Within a convenient time after the testator’s death. however numerous. but not mixed with his own. the right does not survive to the executor of the executor. perhaps. & Rawle. 204 14 Serg. and actually file an account within a year. the power is in common transferred to the executor of the last surviving executor. Administration. 236. however. of his choses in action. 26. as. Law Dec. 2 Inst. Rep. pt. he must apply to the law for redress. 18. rightful and executor de son tort. & Rawle. and the like. R. A general executor is one who is appointed to administer the whole estate. Keep the money of the estate safely. 2. 1 Will. with all due expedition. c. The following are the principal duties of an executor: 1. 19. 213. − 6. Orph. s. without any limit of time or place. such debts as were not due by some writing could not be recovered against the executors of a deceased debtor.) of the goods of the intestate. He acquires an absolute legal title to the personalty by appointment. 14. Ex. except by express direction. Cro. 1 Salk.−8. He should advertise for debts and credits: see forms of advertisements. Still his interest in the goods of the deceased is not that absolute. The power of the executor may be limited as to the subject matter upon which if is to be exercised. 296. He should make an inventory (q. But although a testator may thus appoint separate executors of distinct parts of his property. and therefore may sue and recover all the claims he had at the time of his death and may be sued for all debts due by him. are deemed. 6. who is appointed or constituted to administer either a part of the estate. Pay the debts and legacies in the order required by law. & A. 745.Pennsylvania. 692. B 12. 11. but nothing in the lands of the testator. to collect the goods of the deceased. 484. generally. Off. which should be filed in the office. for they have all a joint and entire authority over the whole property Off. Afterwards an action on the case in banco regis was given. 19. 7. and it vests in him from the moment of the testator’s death. − 10. 3 Phillim. 4 T. 159. provided he can do so peaceably. & Rawle. 10. On the death of one or more of several joint executors. Off. 1 Rolle’s Ab. Com. Executors may be classed into general and special. D. Jurisdic. only. 9 Co. 13. Dig. when he is resisted. which every one has in his own proper goods. proper and ordinary interest. The executor should prove the will in the proper office. Ex. administration cum testamento annexo must be obtained. 183: 11 H. 2. 16. See Joint. when a testator appoints. and. He is a mere trustee to apply the goods for such purposes as are sanctioned by law.

pl." 3 Phill. 1 P. Cro. 602. 1 Salk. the brother is said to be substituted in the second degree. EXECUTORY DEVISE. which has been set aside. An example will show the difference between an instituted and substituted executor: suppose a man makes his son his executor. See Heir. 94. as an executory sentence or judgment. It needs no particular . 3. Legacy. although it may charge the usurper with the duties and obligations annexed to it. "I appoint A B to discharge all lawful demands against my will. 23. verbo Executeurs Testamentaires. 257. 22. 137. h. Ex. 28. 25. 90. 161. contrary to the rules of limitation of contingent estate is in conveyances at law. in that case. An act done before probate of will. Imp. t. Com.. For the various pleas that may be pleaded by executors. 313. 3 Penna. Ab. and receives no. Gord. 2 Phil. The ussurpation of an office or character cannot confer the rights and privileges of it. t. h. 11 Vin. Salk. Ab. 10 Id. he is sued as if he were a rightful executor. 1 Dane’s Ab. 468. In point of form. R. 103. F 10. 94. t. A substituted executor is a person appointed executor. h. Ab. 4 Mass. 378. 3. Antiq. t. 297. 3 T. in the first degree. 1. 48. it is better to sue him as executor than as administrator. 1 Eden’s R. 95. Index. Rep. 10 East. on Ex. who. As to what acts will make a person liable as executor de son tort. Yelv. lib. 116. 8. 129. Nelson’s Ab. t. 69. generally. his cousin. 7 John. and 10 Wentw. An instituted executor is one who is appointed by the testator without any condition. 654. 181. 173. Dig. Off. an executory contract. Yelv. 185. part 4.. 596. as taking goods or cancelling a bond. Eliz. The law on this head seems to have been borrowed from the civil law doctrine of pro hoerede gestio. Executor. Lawes on Plead. 0. or of his own wrong. Ex. and so on. 356. Pl. 230. See a good reading on the liabilities of executors de son tort. in general. is one. and who has the first right of acting when there are substituted executors.. as. per totum. Bouv.. Pr. Ham. An executory devise differs from a contingent remainder. but he must be possessed of them before. 1 Vern. Ex. An executory devise is a limitation by will of a future contingent interest in lands. t. See Heinnec. Dyer. Bull. and the same author on art. Swinburne. and if neither will act. 576. t. Ham. EXECUTORY. An executor de son tort. Leg. When the limitation by will does not depart from those rules prescribed for the government of contingent remainders. trespass. by his will. Parties. of suing. undertakes to act. estates. Will. 378. 27. p.. A rightful executor is one lawfully appointed by the testator. 2. 292. 768. B 3. and not committing a mere. & Rawle. C. jr. 125 . An executor to the tenor. He cannot sue a debtor of the estate. Whatever may be executed. 27. the reader is referred to 5 Toull. 8 John. Unlawful. Administration C 3 Ham. American Digests. tit. This phrase is ased in the ecclesiastical law. also. 2. he can declare in action brought by him. 302−3. Part. 5 Co. Abatement.. Chit. Dane’s Ab.. s. h. 2.’ 114. 4 Kent. as executor of a person deceased. Vide. h. Bac. 1 Salk. Dig. Leg. 93. h. 84 a. 1 Rop. 15 Serg. 374. Bac. An executor de son tort. instituted. it is. Godolph. 426. 2 Id. 91. 24. Ev. For the origin and progress of the law in relation to executors. Des Donations Testamen taires. to Ves. or granting letters of administration. 190. Index. advantage whatever in consequence of his assuming the office. for forms of declaring. R. 11 Vin. 289. Williams. s. One may be executor de son tort when acting under a forged will. in three material points. Nor can he be made a co−defendant with a rightful executor. __2. On this principle an executor de son tort is an executor only for the purpose of being sued. 247 Wentw. or only in a particular place. 87. 295. Rep. before he obtains letters testamentary. Mod. 8 T. Syntagma.. &c. he is still liable to be sued as executor. If he take out letters of administration. but may be sued generally as executor. Ab. 272. t. Deriving his authority from the will. note. N. 89. To make fin executor de son tort. − 2. if another person who has been appointed refuses to act. R. and the cousin in the third degree. without lawful authority. 39. 105. 215. 1 Brownlow. 114. in: Godolph. Com. 4. to denote a person who is not directly appointed by the will an executor. held responsible for all his acts. Wms. Poth. Com. Administration. the act of the party must be. Plead. It would be improper to allege that the deceased person with whose estate he has intermeddled died intestate. He is. 26. L. Orph. when he does anything which might prejudice the estate. 1. Pl. 273. O ubi sup. Law of Dec.whole for a limited time. R. Rep. R. Rolle. _16. Inst. pt. note. 273. 146 to 156. see Godolph. Cowp. 1. n. Off. 318. 166. on Part. 561. see 7 Wentw. and in general. 146. 1 Eccl. 1 Supp. 50 31 a. he may do most acts. Swinb. By asserting ownership. of the Custom of Paris. and not an executory devise.. Index. h. Glossaire du Droit Francais. 19. and Roberts’ several treatises on the law of Executors. 17. par Delauriere. he appoints his brother. Com. 438.. as such. 93. but who is charged with the duties which appertain to one. but if he will not act. 763. here the son is the instituted executor. P. h. and Swinb. He is not denominated in the declaration executor (de son tort) of his own wrong. Dig. Lovelass. not for the purpose. 18 Engl. a contingent remainder. 41 p. Ab.

his heir may perform the condition. 18. 375. 285.340. Vide. 7 T. Index. When the creditor demands the execution of a judgment which has been rendered by a tribunal different from that within whose jurisdiction the execution is sought.. The executory bequest of a chattel interest is good. 307. years. When the creditor’s right arises−from an act importing a confession of judgment. 532. 1 Desaus. Prec. c. *176. it is apparent in both of these cases. 174. 252. 340. A term for years may be limited over after a life estate created in the same. R. 3 Beav. 18 Ves. and which contains a privilege or mortgage in his favor. Prin. is contemplated. 18.. in the case of marriage articles. or a devise to the daughter of John. For example. 7 Cranch. 3. 381. as in the case of executed trusts. evidence. provided that if James should within three months after the death of Peter pay one hundred dollars to Paul. generally. and perhaps in . who cannot pledge them. Inst. 122. 2 Bl. When a voluntary trust is executory. Wms. and if he dies without issue. property is vested in trustees in trust to settle or convey. in favor of a volunteer. in equity. who shall marry Robert within fifteen. 10 Mod. is bad. cases. There are several kinds of executory devises. for example. R. & Rawle. 3 Bouv. after an indefinite failure of issue. so far as relates to the matter in question. 329. R. Cas. upon his marriage. 2 Binn. 2 Hayw. 9 Cranch. l Desaus 271. 2. 1 John. 62. Con. for example. 1 Hayw. this is a process which can be resorted to only in two. 2 Hill. Vide. Com. 357 to 381. 305. but does not part with the fee in the meantime. A woman who has been appointed by. See 2 Serg. Co. 1 Salk. 100. 4. 4 John. in Eq. in Pennsylvania. 486. Ab. Watk. 2 Yeates. Com. a settlement or a conveyance. St. or a devise to John in fee. Litt. Com. in Eq. C. has been executed in part. because it is a defective conveyance. 2 Serg. − 3. 1 Bay. 1 John. But such a bequest. When the devisor parts with his whole estate. 7 Cranch. two relative to real estate. for. To prevent perpetuities. 173. in fee. n. as in the case of a devise of the estate to the heirs of John after the death of John. h. or. C. is this. Code of Practice. 515−16. and if he dies during the life of Peter. 1 Keen’s R. Cruise’s Dig. C. 456. Ch. as in the case of a devise of land to C D. 238.estate to precede and support it. T. as in the case of a will. and one in relation to personal estate. where. White’s L. a rule has been adopted that the contingency must happen during the time of a life or lives in being and twenty−one years after. 187. 10 Wheat. 732. 3. art. N 16. 4 Kent. t. Com. though voluntary. But where the trust. 551. if it could not be enforced at law. effect. 4 Paige. as. but will mould the trusts according to the intent of the creator of such trusts White’s L. 183. to give it its full. Ev. it will be sustained or enforced. 5. 1 Dev. 5 Day. Ch. to take effect six months after the testator’s death. 533. 140. 656. 1 Lutw. 59. Com. EXECUTRIX. a court of equity is not. in Ch. EXECUTORY TRUST. will to execute such will or testament. In Louisiana. A trust is said to be executory where some further act is requisite to be done by the author of the trust himself or by the trustees. Eq. in fee. 178. − 2. Raym. bound to construe technical expressions with legal strictness. 194. 82. and not executed. 137. a further act. 498. 238. 6 Ves. 93. 226. Ev. 6. 4 Desaus. EXEMPLIFICATION. 175. 595−6. 481. 3. 2 Kent. note. p. 1 Tho. 172. 43. that courts of equity in cases of executed trusts will construe the limitations in the same manner as similar legal limit−ations. Eq. When the testator gives a future interest to arise upon a contingency. via executoria. Harg. R. 7. 1 Gilm. EXECUTORY PROCESS. A perfect copy of a record. 459. in cases of executory trusts. 3 P. Fearne on Rem. a devise to A B. namely. namely: 1. 1 Phil. But. or before the age of twenty−one. 2. 3 Wheat. this is an executory devise to James. see articles Authentication. remainder to Paul. when the testator devises to Peter for life. 798. and limits an estate on that contingency. 6 Munf. 78. 469. 258. and the months allowed for gestation in order to reach beyond the minority of a person not in esse at the time of making the executory devise. A fee may be limited after a fee.. and chattels so limited are protected from the demands of creditors beyond the life of the first taker. then to James in fee. & R. 2. − 1. qualifies the disposition of it. 359. or office book lawfull kept. but upon some contingency. White’s L. See Executor. 112. Estates by Devise. 456. Dig. As to the mode of authenticating records of other states. 1 Stark. 7 Cranch. it is not helped in equity. 517. 4 Id. 2 Bl. 4. EXEMPTION. then to E F. 500. 419. even though the ulterior legatee be not at the time in esse. 234. nor dispose of them beyond his own life interest in them. 151. 5 Binn. and Evidence. 116. The difference between an executed and an executory trust. 3107. A privilege which dispenses with the general rule. 532. in fee. 7 Penn.

or EXIGI FACIAS. That the vice−president of the United States the officers. or if an affidavit to which the paper writing is annexed. it is usual to mark the same with a capital letter. with this attestation. To produce a thing publicly. 1. French law. 4. and to add. to proceed against such defendant in the court in which he is an officer. c. Loans 142. and is the writing by him referred to in the affidavit annexed hereto. Cas. refer to it. Ev. Persons who are not bound by law. This is called backing a warrant. to cause a thing to be taken by a patient. The act by which a forced heir is deprived of his legitimate or legal portion which the law gives him. or seized. 2. n.all the other staies. a party possessing writings is compelled. to produce them on proper notice being given. judicial and executive. L. not for the benefit of the individual. That which may be exacted demandable. issued at the same time. S. 2. proved. the members of both houses of congress. filing a bill against him. commands all the citizens to receive. exhibit signifies to ad minist er. or even a mere agent.. we generally use the word "ship’s hushand. n. that is. 1445. notwithstanding their being above the age of eighteen. EXIGENT. and are hereby. and stage drivers. A term in the civil law. 1 1. U. all custom−house officers. "that you cause to be exacted or required. Emer. 2 Sell. all post officers. (1). 244. requirable. 3 Maule & Selw. bled. and that the executive having approved of the consul as such. 2 Virg. 252. Hall on Mar. and their respective officers. 674. to. all ferrymen employed at any ferry on the post road. it is the practice in England in personal actions. one who is complainant in articles of the peace. addressed to the people. immediately precedes the writ of capias utlagatum. EXHIBITION. so that it may be taken possession of. 9. all pilots. thereto belonging. giving and allowing him all the privileges. all mariners. as there may be occasion. and advantages. Where a paper or other writing is on motion. was shown to the deponent at the time of his being sworn by me. Wms." but exercitor is generally used to designate and distinguish from among several part owners of a ship. EXHIBlTANT. who are employed in the care and conveyance of the mail of the post office of the United States. Jur.I. R. and was a permission and authority to the officer to execute it within the jurisdiction of the judge who put it below the judgment. In medical language. and it is that proceeding in an outlawry which. 599 40 E. in which is recited the appointment of the foreign state. and equips a vessel. EXERCITOR. An action for compelling the production of writings. P. and he flies into another. placed at the bottom of a judgment emanating from another tribunal. 1 Story. on Mar. the one who has the immediate care an management of her. Vocab. 56. By the Act of Congress of May 8. 1. or on other occasion. 1792. immunities. 98. with their clerks. countenance. is called an exhibit. Exemptions are generally allowed. whether he be the absolute or qualified owner. 14. and under the age of forty−five years. Shall be. 52. in the ancient practice. actually employed in the sea service of any citizen or merchant within the United States. v. deriving its name and application from the mandatory words found therein. EXEMPTS. Id. C. Chit. 3 Chit. EXIGIBLE. but for some public advantage. of the government of the United States. TO EXHIBIT. " This paper writing marked with the letter A. internat. EXEQUATUR. exempted by the laws of the respective states. See Dig. law. 5 Pardes. by exhibiting. s. 2. Scotch law. 2. and all persons who now are. Vicat. We have something of the same kind in our practice. Law. A writ issued in the course of proceedings to out lawry. Loans.) EXHIBIT. One who exhibits any thing. 2 P. Stepb. & Ellis. to denote the person who fits out. This Latin word was. civil law. 10. Ship’s hushand. L. EXEQUATUR. Vide Stra. clergymen are exempt from serving on juries. A declaration made by the executive of a government near to which a consul has been nominated and appointed . Com. after such nomination and appointment has been notified. In Pennsylvania. or may hereafter be. Gresl. 2. Pr. 7. disinherison. (q. practice. exempted from militia duty. Eq. signifying. 15." Such paper or other writing. and. When a warrant for the arrest of a criminal is issued by a justice of the peace of one county. with the writ of proclamation. favorably assist the consul in the exercise of his place. all inspectors of exports. EXHEREDATION. when an officer or prisoner of the king’s bench is defendant. 12 Adol. 19. signed by the judge or other person before whom the affidavit shall have been sworn. in default of which judgment is rendered against him. practice. To exhibit means also to file of record. as. but excused from the performance of duties imposed upon others. Dig. a justice of the latter county may endorse the warrant and then the ministerial officer may execute it in such county. _2. . 290. 74. 124. 410. 19. In English. it is provided.

The voluntary act of abandoning one’s country and becoming the citizen or subject of another. An officerwho makes out exigents. But the rule for exonerating the real estate out of the personal.335. unless the exile were perpetual. Tidd’s Pr. estates. 3. or had a tendency to do so. 36. note. 386. Vide Serg. Code. The taking off a burden or duty. h. 2. 1 Arch. Poth. 282. Proced. see 1 Barton’s Elem. created by the parties. or depending upon something. 4. A surrender is the most usual cause. 282. In the doctrine of life annuities. 11. . 2 Ves. Having a relation to or dependence upon something future. Issue. 9 Mass. 124. 10. Rep. or offspring. practice. or by act of law. shall be paid out of the personal estate in exoneration of the real. s. 1 P. but an exoneratur may be entered in other cases. EXITUS. 298 b. EXPECTANCY. c. In pleading. who has been summoned. B. 3 Vattel. 780. Puffend. C. c. the expatriation must be for a purpose which is not unlawful. 7 Co. (q. R. R. 2. made by order of the court or of a judge upon a proper cause being shown. Dig. (q. B. Jur. agreeably to the requisitions of a decree. Vide Pow. 409. Exile was temporary or perpetual. 223. 229. the personal. Eng. 2. does not appear. 157. 1 Pet. 314. 19. either in possession. Cowell. that the bail is exonerated or discharged in consequence of having fulfilled the condition of his obligation. which are executory. 1 Bro. 342. 18. 117. 225 Wyckf. Index. Conveyancing. Law. 3. A citizen may acquire in a foreign country commercial privileges attached to his domicil. t. Law Misc. 2. 318. 59. Wms. 24. 281. sometimes called estates executed. does not apply against specific or pecuniary legatees. Com. 2. and with reason not against the interest of creditors. To be legal. 2 Lev. Jer. and the purchase is made subject to it. 1. 461. is not in that case to be applied. 218. Com. nor in fraud of the duties of the emigrant at home. to be declared by law. as in case of death of the defendant. rents or profits of land. or a person accused. law. s.) Vide. 397. it is the issue. 2 Kent. Estates are of two sorts. although contingent. EXONERATUR. Sel. a. Cas. v. because an issue brings the pleadngs to a close. 2. considered invalid.) and relegation. v. 1 Wood. v. upon an equality of chances. s. 22. lib. 133. A. P. jr. Rep. 119. 4. Expectancies are. first. 3. 4 Hall’s Law Journ. 31. Vaugh. Const. and be exempted from the operation of commercial acts embracing only persons resident in the United States or under its protection. 2 Cranch. 13. called a remainder. 227. 2. Mortg. Mortg. terminaion. EXONERATION. An act or instrument in writing. French law. C. Ch. Pr. EXILIUM. 8. in which case confiscation not unfrequently was a part of the sentence. child. 5. 2 Ves. 367. 7 Wheat. Law. 4. called a reversion. Bract. 48. 2d ed. 5 Hayw. in general. 120. This punishment did not deprive the sufferer of his right of citizenship or of his property. Co. Litt. 161. i. 382. 64. 280.EXILE. civil law. EXOINE. as fee expectant. 16 Dyer. For the doctrine of the English courts on this subject. s. Bac. 461. 133. EXPATRIATION. By this term is understood that kind of waste which either drove away the inhabitants into a species of exile. s. Grotius. 300 b. 68. 10. art. or in expectancy.. 224. EXPECTANT. c. But when the real estate is charged with the payment of a mortgage at the time the intestate buys it. c. as the prostrating or extirpating of trees in an orchard or avenue. Wms. that share or number of the years of human life which a person of a given age may expect to live. and is so called. h. 2 P. 120. A short note entered on a bail piece. 281. 3 Bl. 729. which contains the reasons why a party in a civil suit. Eq. A bargain in relation to an expectancy is. Citizens of the United States have the right to expatriate themselves until restrained by congress. 8. in exoneration of the real estate. 2 Id. 2. tom. nor the widow’s right to paraphernalia. Crim. R. Bracken. Id. Vide Essoin. C. EXPECTATION. That which may be expected. 240. It is a rule in the distribution of an intestate’s estate that the debts which he himself contracted. but it seems that a citizen cannot renounce his allegiance to the United States without the permission of government. Ab. Having relation to. or his bankruptcy. 291. 1 Hale. B. 2. or conclusion of the pleadings. Exile differs from deportation. 3 Dall. 224. 2 Pow. 3 Johns. or about any house. this word is frequently used in connexion with fee. C. 57. 3 Id. C. EXIGENDARY. Waste. The: interdiction of all places except one in which the party is foreed to make his residence. in Ch. 3. or the end. 3. 1 Reeves’ Hist. 693. and for which be mortgaged his land as security. 191.

and all such laws shall be subject to the revision and control of the congress. s. As. if it can be done. Contracts. n. of his right of membership therein. for some violation of hi’s. Cessation. Construction. 336. it expires by mere lapse of time. The act of depriving a member of a body politic. so as to give operation to the agreement.) 1 Bouv. 155. 2. and. the first statute is. to enable the parties to fulfil engagements in which the partners have engaged. 6 Whart. He differs from a surety. and the net produce of all duties and imposts. corporate. Jur. in their commercial relations. commercial law. That which is made known. it ceases to be implied by law: expressum facit cessare tacitum.2. In order to preserve equality among the states. & Gran. 3208. that expressions shall be construed. 4. Id. civil law. and make a report of their opinions. 11 L. sometimes applied to a written document. end. Expenses of the suit. 253. n. It is a rule. nor to the heir before he has taken possession. Ab. 959. 294. the person thus exposing it would be guilty of murder. containing the reasons or motives for doing a thing. or letters of administration. 3 Mann. Rose. 16. EXPERTS. 419." Art. 9. _29. when they are capable of several significations. 1 Bouv. without the consent of congress. Inst. Views. the expiration of a contract puts an end to all the engagements of the parties. 4. EXPENSAE LITIS. The act by which a creditor accepts a new debtor. 2 N. See Dissolution. lay any imposts or duties on imports or exports. 38. S. unable to take care of itself. From the Latin experti. EXPROMMISSOR. 8. 591. It is a general rule. or for some . the expiration of a partnership so dissolves it. whether the latter were obligated or not. French law. duties as such. For example. Equivocal. EXPULSION. EXPRESSION. civil law. Vide Clause. the constitution provides that " no tax or duty shall be laid on articles exported from any state. n. because the property no longer belongs to the deceased. This is said not to be a theft. 350. Prel. mot Expert. D. as. Cr. 13. 3. or statute. It is a species of novation. & Gran. When a statute is limited as to time. the expiration of. 664 unless it appear that such was not the intention of the legislature. See Post Obit. to examine. 212 Bac. 1 5 N. (q. EXPRESS. By this term is understood the person who alone becomes bound for the debt of another. 2. Inst. that the parties cannot in general create any new liability. EXPOSITION DE PART. Inst. if such a statute repealed or supplied a former statute. 557. The word occurs in diplomacy. v. R. that when a matter or thing is expressed. Vide Delegation. Med. laid by any state on imports or exports. relate back to the time of the death of the testator or intestate. 2. Id. Merl. S. Co. EXPORTATION. In general. 1 Bland. either in a public or private place. except what may be absolutely necessary for executing its inspection laws. the grant of letters testamentary. 4. 2. EXPOSE’ A French word. the latter being released. of a contract. Ev. the costs which are generally allowed to the successful party. 24. who is bound together with his principal. 37. The term or use of language employed to explain a thing. 1. EXPILATION. instructed by experience. Ray.. 97. R. In the common law. 314 11 S. and ascertain things. and not left to implication. 2 Lois des Batimens. revived by the expiration of the repealing statute. or to compel others to perform their obligations towards them. or of a society. estimate. and then it has no force whatever. The crime of abstracting the goods of a succession. act. shall be for the use of the treasury of the United States. EXPIRATION. 3. Litt. If the child thus exposed should be killed in consequence of such exposure. The abandonment of a child. Dig. the heir apparent will be relieved from a contract made in relation to his expectancy. In general. by the vote of such body or society. i so facto. 2. The opposite of implied. 802. or will. 1. 183. 3 L." Vide 12 Wheat. and an expression is always to be understood in the sense most agreeable to the nature of the contract. a lease. so that the property of the estate is vested in the executor or administrator from that period. 3 East. 1. and the article Importation. 12. if it should be devoured by animals. 2 Mann. who becomes bound instead of the old. Words. civil law. 3 Bouv. except to those which arise from the non−fulfilinent of obligations created during its existence. EXPROMISSION. & R. the 10th section of the 1st article of the constitution contains the following prohibition: " No state shall. Persons who are selected by the courts or the parties in a cause on account of their knowledge or skill. The act of sending goods and merchandise from one country to another. but it still subsists. Dig.which signifies. Interpretation. Repert. 64. Statute. And to prevent a pernicipus interference with the commerce of the nation. R.

and deemed reasonable according to the writ of extent for that cause: otherwise every verdict might be examined in a court of chancery. 6 Serg. 532. with the concurrence of two−thirds’ expel a member. Sty. in order to authorize the senate to expel a member from their body. See. also. 536. to have compulsory process for witnesses. _2. s. ch. It is before the senate that the member charged is entitled to be heard. 2. comm. English practice. to retrieve his standing. English practice. such as the offences of perjury. EXTENT IN CHIEF. yet the senate may examine the evidence for themselves. 2. and the like. 2 Tidd. & Ames on Corp. Ang. and now liable to be abused. because the extent was made by the oath of a jury. and thus deprived of their interest in the general fund. o. That the senate may expel a member for a high misdemeanor. When an offence is committed which has no immediate relation to a member’s corporate duty. in its nature. 459. Willcock. a similar agreement is known by the name of atermoiement. on Mun. This term is applied among merchants to signify an agreement made between a debtor and his creditors. & Ames on Corp. 8. 99. − 6. it is necessary that there should be a previous conviction by a jury. 15 H. See. in which case he may be expelled on trial and conviction before the corporation. When the offence is against his duty as a corporator. West on Extents. society of honest men.. Cor . EXTENT IN AID. or indeed members of any corporation owning property. such as a conspiracy to commit treason. against the member’s duty. it seems. such member is not entitied to be heard in his defence by counsel.. − 2. and also indictable by the law of the land. 6. In the case of John Smith. & Rawle. 1. But before an expulsion is made for a cause of this kind. III. The power of expulsion must. cannot. That a previous conviction is. VII. as such power is necessary to the good order and government of corporate bodies. unless there was fraud. nor. embarrassed in his circumstances. the senate is not bound by the forms of judicial proceedings. 1. 486. owing to the inadmissibility of the evidence upon that indictment. without express authority in the charter. forgery. it is regulated by 57 Geo. 5 Binn. 238. law. When land was extended at a valuation too low. and do not affect the jurisdiction of the senate as to expulsion. 270. The third is of a mixed nature. 2. − 1. 5. and to be confronted with his accusers. as to criminal prosecutions. Members of what are called joint stock incorporated companies. be discretionary. That before a committee of the senate. 5 Day 329. 55 a. − 5. for a high: offence against the United States.offence which renders him unworthy of longer remaining a member of the same. 1 Hall’s Law Journ. Index. by which the latter. − 3. 7. − 4. 10. 2 Burr. the committee made a report which embraces the following points: 3. 11. 293. is the same degree of proof essential which is required to convict of a crime. mot Atermoiement. on. 2 Binn. 117. That although a bill of indictment against a party for treason and misdemeanor has been abandoned. 3. . Jurisdic. Nor yet in chancery. who was expelled from the senate in 1807. − In determining on expulsion. as a corporator. 1 Co. according to the law of the land. and its exercise of a more summary character. before they will demand payment. appointed to report an opinion relative to the honor and privileges of the senate. refer only to prosecutions at law. containing the general rights and privileges of the citizen. and the facts respecting the conduct of the member implicated. 478. 2. or the rules of judicial evidence. punish its members for disorderly behaviour. See. in order to enable the former. By the Constitution of the United States. 2 Bing. Rep. be expelled. there was no remedy at common law but to pay the money. art. because a previous indictment against the principal party had terminated in an acquittal. Ang. and. not requisite. Among the French. That the 6th and 6th articles of the amendments of the Constitution of the United States. generally. Merl. minds that the party is guilty of a high misdemeanor it is a sufficient ground of expulsion.448. each house may determine the rules of its proceedings. but is of so infamous a nature as renders him unfit for the. 469. Its authority is not confined to an act done in its presence. 465. An execution issuing out of the exchequer at the suit ’of the crown. It is a mere "fiscal writ. R. formerly much used. agree to wait for a definite length of time after their several claims should become due and payable. 9. 5. and if it be sufficient to satisfy their. EXTENSION. An exchequer process. and the cases in which the inherent power may be exercised are of three kinds. Crompt. 4. 6 Conn. Corporations have the right of expulsion in certain cases. a senator from Ohio.

h. 2 Root. 1 Halst. civil law.) See 6 Cowen. and it will be enforced. ambassadors. 3 Penna. 2. Pet. or implied. but sometimes extracts from public books are evidence. are of this class. contracts. a person accused of a crime to a foreign jurisdiction where it was committed. 541. Vide Discharge of a Debt. Rom. 492. fugitives from justice (q. the taking a promissory note. C. 1 Roll. Vide. v. t. The destruction of a right or contract − the act by which a contract is made void. (q. R. 406. EXTRADITION. it seems. which is void. when it is one of a species which has been destroyed. 11 Vin. t. s. as the extracts from the registers of births. 171. A technical word used in indictments for extortion. 130. 1. See Merger. Litt. 2.) may be demanded by the executive of the one state where the crime has been committed from that of another where the accused is. 147 b. El. this is no cause for rescinding the contract. crimes. It is extortion and oppression for an officer to take money for the performance of his duty. EXTINCTION OF A THING. Bouv. 60. the latter is extinguished 3 Stew. liv. for a simple contract debt. Co. then.. 373. 168. Litt. and not generally one of a species. and in the mean time the horse dies. 213. Ab. he buys a horse and it die. is. 2. To constitute extortion. R. C. 428. as when a person hath a yearly rent out of. 1 Pick. for example. It is by matter of fact either express. 4. & Rawle. v. Ab. see Bac. Ab. Rep. or make a new assignment. Minister. 7 Pick. and the creditor releases the debtor 11 John. tit. who. 6 Conn. 513’. the contract is rescinded. It differs from exaction. but the person must have as high an estate in the land as in the rent. _1009. Co. See Ambassador. (q. 1 Hawk. 147. for example. so as to give it a different sense. Conflict of Laws. or of damages in those of a civil nature. This term is used by French jurists to signify the immunity of certain persons. 62. Ab. where two persons are jointly. t. in’ order that he may be tried there. 5 Whart. of the estate subject to the payment of the rent. in an action of trespass. 301. ) 2. when the whole of the matter has been extracted which relates to the cause or matter in issue. 1 Caines. 16 East. 187. 18 Vin. 141. 343. even though it be in the exercise of a discretionary power. generally. 324. A part of a writing. EXTORSIVELY. it may still be completed. Dr. h. or before it is due. v. R. When a thing which is the subject of a contract has been destroyed. EXTRACT. 513. . 13 S. a judgment obtained against one is at common law an extinguishment of the claim on the other debtor. 190 4 N. Droit Intern. c. R. marriages and burials. because he can buy another and complete it afterwards. In a large sense it. In general. see 2 John. EXTERRITORIALITY. When.. kept according to law. Ab. h. and.. 11 John. In North Carolina. the defendant pleads a right of way. or the rent will not be extinct. 3 Conn. but if Paul engage to deliver a horse to Peter in ten days. Const. 1 Russ. 367. Ab. Co. 818. There are numerous cases where the claim is extinguished b operation of law. the contract is of course rescinded as. 493 to 515 3 Nels. 251 Co. not sufficient to make an extortion. 1 Hamm. 3. t. h. When the subject of the contract is an individual. Civ. EXTRA VIAM. C. Art extinguishment may be by matter of fact and by matter of law. 183. Merl. In general this is not evidence. *144. the contract may be rescinded. 933 7 Vin. 2 Burr. 461. EXTORTION. That which renders a crime or tort less heinous than it would be without it: it is opposed to aggravation. extenuating circumstances go in mitigation of punishment in criminal cases. R. 4 Conn. of any money or thing of value that is not due to him. 2. In Louisiana this term is used to designate that property which forms no part of the dowry of a woman. 14 Serg. by authority of law. Foelix. 279. 71. because the whole of the writing may explain the part extracted. 661. s. 209.EXTENUATION. 349. Ab. or more than is due. Index. See Aggravation. 927. Com. Inst. Bac. are not amenable to its laws. the crime of extortion may be charged without using this word. as it is impossible to deliver a thing which is not in esse. & R. Lec. and which is also called paraphernal property. art. Rep. 68. 2. but not severally liable. signifies any oppression. Prive. for the purpose of fulfilling his contract. the defendant may reply extra viam. The act of sending. although in the state. H. EXTINGUISHMENT. 1. 1 South. that the trespass was committed beyond the way. if Paul sell his horse Napoleon to Peter. as when one receives satisfaction and full payment of a debt. P. by color of his office. Litt. 2315. and promises to deliver him to the buyer in ten days. Cr. R. EXTRA−DOTAL PROPERTY. Mitigation. c. and ministers from a foreign power. under color of right: but in a more strict sense it means the unlawful taking by any officer. lands and becomes owner either by descent or purchase. 523. Out of the way. 4 Bl. foreign sovereigns. Vide Dotal Property. Lo. 1 Hayw. 2 Mass. ministers plenipotentiary. there must be the receipt of money or something of value. 426 1 Yeates. By the constitution and laws of the United States.

A watery place. A case occurred in. which at first contained only the decrees of Gratian. b. by a person of sound mind. and made an attempt to execute it and retain Cassado in France. C. and see 15 John. when made with a full consciousness of approaching death. Repert.United States. Rep. mots Exces de Pouvoir. Rep. That which does not belong to the judge or his jurisdiction. Jur. and the common ’extravagantes. water. the Clementines. 2. h. 2 Car. Cassado. 286. Repos. 125. EY. A small island arising in a river. who had taken refuge in Bayonne. Crim. and at last the extravagantes were added to it. See lsand. R. of Laws. 106. he is said to be in extremism. 4. Bract. without any subdivision into books. EYRE. Wheat. and while in the act of removing him with the assistance of French officers. As to when the extradition or delivery of the supposed criminal is complete is not very certain. 2. Upon an application made to the French government. _ . EXTRAVAGANTES. 2. EYOTT. he was delivered to the Spanish consul who had authority to take him to Spain. 2 B. 5 whart. Com. du Dr. decided that the courts could not interfere. 9 Eng. s. et seq. Const. 605 S. EXTRAJUDICIAL. France of a Mr. & C. 36. This is the name given to the constitutions of the popes posterior to the Clementines. 396−7. 2 3 Story. Law. the sexte of Boniface. The declarations of persons in extremis. afterwards the decretals of Gregory IX. if made without undue influence. Story’s Confl. much reliance must be placed on his testimony. C. decretals or constitutions of that pope. Vide Coram non judice. and is a man of intelligence and integrity.. it is questionable whether criminals can be surrendered. 95. 1 John.’ The first contain twenty epistles.. _1801. cognizance of it. Litt 6. Co. notwithstanding which he takes. VIII. but the council of state. s.. A will made in this condition. but independently of such conventions. divided under fifteen titles. art. Dict. ate admissible in evidence when the death of the person making them is the subject of the charge. is valid. Fleta. (conseil d’etat) on appeal. 3. C. to express that they were out of the canonical law. 3.v. 297. There are the extravagantes of John XXII. & Rawle. 111. 31. a Spaniard. The others are epistles. Intern.. When a person is sick beyond the hope of recovery. and Merl. 520. 1 Amer. c. Com. Vide Eire Justiciarii Itinerantes. 102. When an eye−witness testifies. 22 Amer. lib. L. Law. Jurist. either before or after John XXII. for he has the means of making known the truth. c. 10 Serg. and directed Cassado to be delivered to the Spanish authorities. 330. Morrin. and near death. R. 2. S. The government of the United States is bound by some treaty stipulation’s to surrender criminals who take refuge within the country. 159. 4. p. EYE−WITNESS. U. One who saw the act or fact to which he testifies.196. 2 John. 4 John. a creditor obtained an execution against his person. and the circumstances of the death the subject of such declarations. they are divided into books like the decretals. Extrajudicial judgments and acts are absolutely void. 1 Kent. lib. 7 John. decretals or constitutions of the popes who occupied the holy see. they are thus called quasi vagantes extra corpus juris. 3. 2. R. canon law. EXTREMIS.

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