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 hierarchical state of



the church. They are regular and secular. Aso & Man. Inst. B. 2, t. 5, c. 4, 

Sec. 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 oculis 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 

hereditaments, 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. Index, 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; 11 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 regressum. 

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 permitted the whole will to operate, and 

therefore compels him to make his election between his right independent of 

the will, and the benefit under it. This principle of equity does not give 

the disappointed legatee the right to detain the thing itself, but gives a 

right to compensation out of something else. 2 Rop. Leg. 378, c. 23, s. 1. 

In order to impose upon a party, claiming under a will, the obligation of 

making an election, the intention of the testator must be expressed, or 

clearly implied in the will itself, in two respects; first, to dispose of 

that which is not his own; and, secondly, that the person taking the benefit 

under the will should, take under the condition of giving effect thereto. 6 

Dow. P. C. 179; 13 Ves. 174; 15 Ves. 390; 1 Bro. C. C. 492; 3 Bro. C. C. 

255; 3 P. Wms. 315; 1 Ves. jr. 172, 335; S. C. 2 Ves. jr. 367, 371; 3 Ves. 

jr. 65; Amb. 433; 3 Bro. P. C. by Toml. 277; 1 B. & Beat. 1; 1 McClel. R. 

424, 489, 541. See, generally, on this doctrine, Roper's Legacies, c. 23; 

and the learned notes of Mr. Swanston to the case Dillon v. Parker, 1 

Swanst. R. 394, 408; Com. Dig. Appendix, tit. Election; 3 Desaus. R. 504; 8 

Leigh, R. 389; Jacob, R. 505; 1 Clark & Fin. 303; 1 Sim. R. 105; 13 Price, 

R. 607; 1 McClel. R. 439; 1 Y. & C. 66; 2 Story, Eq. Jur. Sec. 1075 to 1135; 

Domat, Lois Civ. liv. 4, tit. 2, Sec. 3, art. 3, 4, 5; Poth. Pand. lib. 30, 

t. 1, n. 125; Inst. 2, 20, 4; Dig. 30, 1, 89, 7. 

     8. There are many other cases where a party may be compelled to make an 

election, which it does not fall within the plan of this work to consider. 

The reader will easily inform himself by examining the works above referred 

to. 

     9.-3. The law frequently gives several forms of action to the injured 

party, to enable him to recover his rights. To make a proper election of the 

proper remedy is of great importance. To enable the practitioner to make the 

best election, Mr. Chitty, in his valuable Treatise on Pleadings, p. 207, et 

seq., has very ably examined the subject, and given rules for forming a 

correct judgment; as his work is in the hands of every member of the 

profession, a reference to it here is all that is deemed necessary to say on 

this subject. See also, Hammond on Parties to Actions; Brown's Practical 

Treatise on Actions at Law, in the 45th vol. of the Law Library; U. S. Dig. 

Actions IV. 



ELECTION OF ACTIONS, practice. It is frequently at the choice of the 

plaintiff what kind of an action to bring; a skillful practitioner would 

naturally select that in which his client can most easily prove what is his 

interest in the matter affected; may recover all his several demands against 

the defendant; may preclude the defendant from availing himself of a 

defence, which be might otherwise establish; may most easily introduce his 

own evidence; may not be embarrassed by making too. many or too few persons 

parties to the suit; may try it in the county most convenient to himself; 

may demand bail where it is for the plaintiff's interest; may obtain a 

judgment with the least expense and delay; may entitle himself to costs; and 

may demand bail in error. 1 Chit. Pl. 207 to 214. 

     2. It may be laid down as a general rule, that when a statute 

prescribes a new remedy, the plaintiff has his election either to adopt such 

remedy, or proceed at common law. Such statutory remedy is cumulative, 

unless the statute expressly, or by necessary implication takes away the 

Common law remedy. 1 S. & R. 32; 6 S. & R. 20; 5 John. 175; 10 John. 389; 16 

John. 220; 1 Call, 243; 2 Greenl. 404; 5 Greenl. 38; 6 Harr. & John. 383; 4 

Halst. 384; 3 Chit. Pr. 130. 



ELECTION OF A DEVISE OR LEGACY. It is an admitted principle, that a person 

shall not be permitted to claim under any instrument, whether it be a deed 

or a will, without giving full effect to it in every respect, so far as such 

person is concerned. When a testator, therefore, gives what belongs to 

another and not to him, and gives to the owner some estate of his own; this 

gift is under an implied condition, either that he shall part with his own 

estate, or not take the bounty. 9 Ves. 615; 10 Ves. 609; 13 Ves. 220; 2 Ves. 

697; 1 Suppl. to Ves. jr. 222; Id. 55; Id. 340. If, for example, a testator 

undertakes to dispose of an estate belonging to B, and devise to B other 

lands, or bequeath to him a legacy by the same will, B will not be permitted 

to keep his own estate, and enjoy at the same time the benefit of the devise 

or bequest made in his favor, but must elect whether he will part with his 

own estate, and accept the provisions in the will, or continue in possession 

of the former and reject the latter. See 2 Vern. 5.81; Forr. 176; 1 Swanst. 

436, 447 1 Rro. C. C. 480; 2 Rawle, 168; 17 S. & R. 16 2 Gill, R. 182, 201; 

1 Dev. Eq. R. 283; 3 Desaus. 346; 6 John. Ch. R. 33; Riley, Ch. R. 205; 1 

Whart. 490; 5 Dana, 345; White's L. C. in Eq. *233. 

     2. The foundation of the equitable doctrine of election, is the 

intention, explicit or presumed, of the author of the instrument to which it 

is applied, and such is the, import of the expression by which it is 

described as proceeding, sometimes on a tacit, implied, or constructive 

condition, sometimes on equity. See Cas. temp. Talb. 183; 2 Vern. 582; 2 

Ves. 14; 1 Eden, R. 536; 1 Ves. 306. See, generally, 1 Swan. 380 to 408, 

414, 425, 432, several very full notes. 

     3. As to what acts of acceptance or acquiescence will constitute an 

implied election, see 1 Swan. R. 381, n. a; and the cases there cited. 



ELECTOR, government. One who has the right to make choice of public officers 

one, who has a right to vote. 

     2. The qualifications of electors are generally the same as those 

required in the person to be elected; to this, however, there is one 

exception; a naturalized citizen may be an elector of president of the 

United States, although he could not constitutionally be elected to that 

office. 



ELECTORS OF PRESIDENT. Persons elected by the people, whose sole duty is to 

elect a president and vice-president of the U. S. 

     2. The Constitution provides, Am. art. 12, that "the electors shall 

meet in their respective states, and vote by ballot for president and vice-

president, one of whom at least shall not be an inhabitant of the same state 

with themselves; they shall name in their ballots the person voted for as 

president, and in distinct ballots the person voted for as vice-president; 

and they shall make distinct lists of all persons voted fur as president, 

and of all persons voted for as vice-president, and of the number of votes 

for each; which list they shall sign and certify, and transmit, sealed, to 

the seat of the government of the United States, directed to the president 

of the senate; the president of the senate shall, in the presence of the 

senate and the house of representatives, open all the certificates, and the 

votes shall then be counted; the person having the greatest number of, votes 

for president, shall be the president, if such number be the majority of the 

whole number of electors appointed; and if no, person have such majority, 

then from the persons having the highest numbers, not exceeding three, on 

the list of those voted for as president, the house of representatives shall 

choose immediately, by ballot, the president. But in choosing the president, 

the votes shall be taken by states, the representation from each state 

having one vote; a quorum, for this purpose, shall consist of a member or 

members from two-thirds of the states, and a majority of all the states 

shall be necessary to a choice. And if the house of representatives shall 

not choose a president whenever the right of choice shall devolve upon them, 

before the fourth day of March next following, then the vice-president shall 

act as president, as in the case of the death or other constitutional 

disability of the president. 

     3.-2. "The person having the greatest number of votes as vice-

president shall be vice-president, if such number be a majority of the whole 

number of electors appointed and if no person have a majority, them from the 

two highest numbers on the list, the senate shall choose the vice-president; 

a quorum for the purpose shall consist of two-thirds of the whole number of 

senators, and a majority of the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of president, shall 

be eligible to that of vice-president of the United States." Vide 3 Story, 

Const. Sec. 1448 to 1470. 



ELEEMOSYNARY. Charitable alms-giving.

     2. Eleemosynary corporations are colleges, schools, and hospitals. 1 

Wood. Lect. 474; Skinn. 447 1 Lord Raym. 5 2 T. R. 346. 



ELEGIT, Eng. practice, remedies. A writ of execution directed to the 

sheriff, commanding him to make delivery of a moiety of the party's land, 

and all his goods, beasts of the plough only excepted. 

     2. The sheriff, on the receipt of the writ, holds an inquest to 

ascertain the value of the lands and goods he has seized, and then they are 

delivered to the plaintiff, who retains them until the whole debt and 

damages have been paid and satisfied; during that term he is called tenant 

by elegit. Co. Litt. 289. Vide Pow. Mortg. Index, h.t.; Wats. Sher. 206. As 

to the law of the several states on the subject. of seizing land and 

extending it. see 1 Hill. Ab. 556-6. 



ELIGIBILITY. Capacity to be elected. 

     2. Citizens are in general eligible to all offices; the exceptions 

arise from the want of those qualifications which the constitution requires; 

these are such as regard his person, his property, or relations to the 

state. 

     3.- 1. In. general, no person is eligible to any office, until he has 

attained the full age of twenty-one years; no one can be elected a senator 

of the United States, who shall not have attained the age of thirty years, 

been a 'citizen of th e United States nine years and who shall not be an 

inhabitant of the, state for which he shall be chosen. Const. art. 1, s. 3. 

No person, except a natural born citizen, or a citizen of the United States 

at the time of the adoption of this constitution, is eligible to the office 

of president, and no person shall be eligible to that office, who shall not 

have attained the age of thirty-five years, and been fourteen years a 

resident within the United States. Const. art. 2, s. 1. 

     4.-2. A citizen may be ineligible in consequence of his relations to 

the state; for example, holding an office incompatible with the office 

sought. Vide Ineligibility. Because he has not paid the taxes the law 

requires; because he has not resided a sufficient length of time in the 

state. 

     5.-3. He may be ineligible for want of certain property 

qualifications required by some, law. 



ELISORS, practice. Two persons appointed by the court to return a jury, when 

the sheriff and the coroner have been challenged as incompetent; in this 

case the elisors return the writ of venire directed to them, with a panel of 

the juror's names, and their return is final, no challenge being allowed to 

their array. 3 Bl. Com. 355,; 3  Cowen, 296; 1 Cowen, 32. 



ELL. A measure of length. In old English the word signifies arm, which sense 

it still retains in the word elbow. Nature has no standard of measure. The 

cubit, the ell, the span, palm, hand, finger, (being taken from the 

individual who uses them) varies. So of the foot, pace, mile, or mille 

passuum. See Report on Weights and Measures, by the Secretary of State of 

the United. States, Feb. 22, 1821; Fathom. 



ELOIGNE, practice. This word signifies, literally, to remove to a distance; 

to remove afar off. It is used as a return to a writ of replevin, when the 

chattels have been removed out of the way of the sheriff. Vide Elongata. 



ELONGATA, practice. There turn made by the sheriff to a writ of replevin, 

when the goods have been removed to places unknown to him. See, for the form 

of this return, Wats. Sher. Appx. c. 18, s. 3, p. 454; 3 Bl. Com. 148. 

     2. On this return the plaintiff is entitled to a capias in withernam. 

Vide Withernam, and Wats. Sher. 300, 301. The word eloigne, (q.v.) is 

sometimes used as synonymous with elongata. 



ELOPEMENT. This term is used to denote the departure of a married woman from 

her husband, and dwelling with an adulterer. 

     2. While the wife resides with her husband, and cohabits with him, 

however exceptionable her conduct may be, yet he is bound to provide her 

with necessaries, and to pay for them; but when she elopes, the husband is 

no longer liable for her alimony, and is not bound to pay debts of her 

contracting when the separation is notorious; and whoever gives her credit 

under these circumstances, does so at his peril. Chit. Contr. 49; 4 Esp. R. 

42; 3 Pick. R. 289; 1 Str. R. 647, 706; 6 T. R. 603; 11 John. R. 281; 12 

John. R. 293; Bull. N. P. 135; Stark. Ev. part 4, p. 699. 



ELOQUENCE OR ORATORY. The act or art of speaking well upon any subject with 

a view to persuade. It comprehends a good elocution, correct and appropriate 

expressions uttered. with fluency, animation and suitable action. The 

principal rules of the art, which must be sought for in other works, are 

summarily expressed in the following lines: 



      " Be brief, be pointed; let your matter stand

      Lucid in order, solid, and at hand;

      Spend not your words on trifles, but condense;

      Strike with the mass of thoughts, not drops of sense;

      Press to the close with vigor once begun,

      And leave, (how hard the task!) leave off when done;

      Who draws a labor'd length of reasoning out,

      Put straws in lines for winds to whirl about;

      Who draws a tedious tale of learning o'er,

      Counts but the sands on ocean's boundless shore;

      Victory in law is gain'd as battle's fought,

      Not by the numbers, but the forces brought;

      What boots success in skirmishes or in fray,

      If rout and ruin following close the day?

      What worth a hundred Posts maintained with skill,

      If these all held, the foe is victor still?

      He who would win his cause, with power must frame

      Points of support, and look with steady aim:

      Attack the weak, defend the strong with art,

      Strike but few blows, but strike them to the heart;

      All scatter'd fires but end in smoke and noise,

      The scorn of men, the idle play of boys.

      Keep, then, this first great precept ever near,

      Short be your speech, your matter strong and clear,

      Earnest your manner, warm and rich your style,

      Severe in taste, yet full of grace the while;

      So may you reach the loftiest heights of fame,

      And leave, when life is past, a deathless name."



ELSEWHERE. In another place. 

     2. Where one devises all his land in A, B and C, three distinct towns, 

and elsewhere, and had lands of much greater value than those in A, B and C, 

in another county, the lands in the other county were decreed to pass by the 

word elsewhere; and by Lord Chancellor King, assisted by Raymond, Ch. J., 

and other judges, the word elsewhere, was adjudged to be the same as if the 

testator had said he devised all his lands in the three towns particularly 

mentioned, or in any other place whatever. 3 P. Wms. 5 6. See also Prec. 

Chan. 202; 2 Vern. 461; 2 Vern. 560; 3 Atk. 492; Cowp. 860; Id. 808; 2 Barr. 

912; 5 Bro. P. C. 496; S. C. 1 East, 456; 1 Vern. 4 n. 

     3.-2. As to the effect of the word elsewhere, in the case of lands 

not purchased at the time of making the will, see 3 Atk. 254; 2 Vent. 351. 

Vide Alibi. 



EMANCIPATION. An act by which a person, who was once in the power of 

another, is rendered free. B y the laws of Louisiana, minors may be 

emancipated. Emancipation is express or implied. 

     2. Express emancipation. The minor may be emancipated by his father, 

or, if be has no father, by his mother, under certain restrictions. This 

emancipation takes place by the declaration, to that effect, of the father 

or mother, before a notary public, in the presence of two witnesses. The 

orphan minor may, likewise, be emancipated by the judge, but not before he 

has arrived at the full age of eighteen years, if the family meeting, called 

to that effect, be of opinion that he is able to administer his property. 

The minor may be emancipated against the will of his father and mother, when 

they ill treat him excessively, refuse him support, or give him corrupt 

example. 

     3. The marriage of the minor is an implied emancipation.

     4. The minor who is emancipated has the full administration of his 

estate, and may pass all act's which may be confined to such administration; 

grant leases, receive his revenues and moneys which may be due him, and give 

receipts for the same. He cannot bind himself legally, by promise or 

obligation, for any sum exceeding the amount of one year of his revenue. 

When he is engaged in trade, he is considered as leaving arrived to the age 

of majority, for all acts which have any relation to such trade. 

     5. The emancipation, whatever be the manner in. which it may have been 

effected, may be revoked, whenever the minor contracts engagements which 

exceed the limits prescribed by law. 

     6. By the English law, filial emancipation is recognized, chiefly, in 

relation to the parochial settlement of paupers. See 3 T. R. 355; 6 T. R. 

247; 8 T. R. 479; 2 East, 276; 10 East, 88.; 11 Verm. R. 258, 477. See 

Manumission. See Coop. Justin. 441, 480; 2 Dall. Rep. 57, 58; Civil Code of 

Louisiana, B. 1, tit. 8, c. 3; Code Civ. B. 1, tit. 10, c. 2; Diet. de 

Droit, par Ferriere; Diet. de Jurisp. art. Emancipation. 



EMBARGO, maritime law. A proclamation, or order of state, usually issued in 

time of war, or threatened hostilities, prohibiting the departure of ships 

or goods from some, or all the ports of such state, until further order. 2 

Wheat. 148. 

     2. 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." And whether the embargo be legally or illegally laid, the 

injury to the owner is the same; and the insurer is equally liable for the 

loss occasioned by it. Marsh. Ins. B. 1, c. 12, s. 5; 1 Kent, Com. 60 1 

Bell's Com. 517, 5th ed. 

     3. An embargo detaining a vessel at the port of departure, or in the 

course of the voyage, does not, of itself, work a dissolution of a charter 

party, or the contract with the seamen. It is only a temporary restraint 

imposed by authority for legitimate political purposes, which suspends, for 

a time, the performance of such contracts, and leaves the rights of parties 

untouched, 1 Bell's Com. 517; 8 T. R. 259; 5 Johns. R. 308; 7 Mass. R. 325, 

3 B. & P. 405-434; 4 East, R. 546-566. 



EMBEZZLEMENT, crim. law. The fraudulently removing and secreting of personal 

property, with which the party has been entrusted, for the purpose of 

applying it to his own use. 

     2. The Act of April 30, 1790, s. 16, 1 Story, L. U. S. 86, provides, 

that if any person, within any of the laces under the sole and exclusive 

jurisdiction of the United States, or upon the high seas, shall take and 

carry away, with an intent to steal or purloin, the personal goods of 

another; or if any person or persons, having, at any time hereafter, the 

charge or custody of any arms, ordnance, munition, shot, powder, or 

habiliments of war, belonging to the. United States, or of any victuals 

provided for the victualling of any soldiers, gunners, marines, or pioneers, 

shall, for any lucre or gain, or wittingly, advisedly, and of purpose to 

hinder or impede the service of the United States, embezzle, purloin, or 

convey away, any of the said arms, ordnance, munition, shot or powder, 

habiliments of war, or victuals, that then, and in every of the cases 

aforesaid, the persons so offending, their counsellors, aiders and abettors, 

(knowing of, and privy to the offences aforesaid,) shall, on conviction, be 

fined, not exceeding the fourfold value of the property so stolen, embezzled 

or purloined the one moiety to be paid to the owner of the goods, or the 

United States, as the case may be, and the other moiety to the informer and 

prosecutor, and be publicly whipped, not exceeding thirty-nine stripes. 

     3. The Act of April 20, 1818, 3 Story, 1715, directs that wines and 

distilled spirits shall, in certain cases, be deposited in the public 

warehouses of the United States, and then it is enacted, s. 5, that if any 

wines, or other spirits, deposited under the provisions of this act, shall 

be embezzled, or fraudulently hid or removed, from any store or place 

wherein they shall have been deposited, they shall be forfeited, and the 

person or persons so embezzling, hiding, or removing the same, or aiding or 

assisting therein, 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. 

     4. By the 21st section of the act to reduce into one the several acts 

establishing and regulating the post-office, passed March 3, 1825, 3 Story, 

1991, the offence of embezzling letters is punished with fine and 

imprisonment. Vide Letter. 

     5. The act more effectually to provide for the punishment of certain 

crimes against the United States, and for other purposes, passed March 3, 

1825, s. 24, 3 Story, 2006, enacts, that if any of the gold or silver coins 

which shall be struck or coined at the mint of the United States, shall be 

debased, or made worse, as to the proportion of fine gold or fine silver 

therein contained, or shall be of less weight or value than the same ought 

to be, pursuant to the several acts relative thereto, through the default or 

with the connivance of any of the officers or persons who shall be employed 

at the said mint, for the purpose of profit or gain, or otherwise, with a 

fraudulent intent and if any of the said officers or persons shall embezzle 

any of the metals which shall, at any time, be committed to their charge for 

the purpose of being coined; or any of the coins which shall be struck or 

coined, at the said mint; every such officer, or person who shall commit 

any, or either, of the said offences, shall be deemed guilty of felony, and 

shall be sentenced to imprisonment and hard labor for a term not less than 

one year, nor more than ten years, and shall be fined in a sum not exceeding 

ten thousand dollars. 

     6. When an embezzlement of a part of the cargo takes place on board of 

a ship, either from the fault, fraud, connivance or negligence of any of the 

crow, they are bound to contribute to the reparation of the loss, in 

proportion to their wages. When the embezzlement is fixed on any individual, 

he is solely responsible; when it is made by the crew, or some of the crew, 

but the particular offender is unknown, and from the circumstances of the 

case, strong presumptions of guilt apply to the whole crew, all must 

contribute. The presumption of innocence is always in favor of the crew, and 

the guilt of the parties must be established, beyond all reasonable doubt, 

before they can be required to contribute. 1 Mason's R. 104; 4 B. & P. 347; 

3 Johns. Rep. 17; 1 Marsh. Ins. 241; Dane's Ab. Index, h.t.; Wesk. Ins. 

194; 3 Kent, Com., 151; Hardin, 529. 



EMBLEMENTS, rights. By this term is understood the crops growing upon the 

land. By crops is here meant the products of the earth which grow yearly and 

are raised by annual expense and labor, or "great manurance and industry," 

such as grain; but not fruits which grow on trees which are not to be 

planted yearly, or grass, and the like, though they are annual. Co. Litt. 

55, b; Com. Dig. Biens, G; Ham. Part. 183, 184. 

     2. It is a general rule, that when the estate is terminated by the act 

of God in any other way than by the death of the tenant for life, or by act 

of the law, the tenant is entitled to the enablements; and when he dies 

before harvest time, his executors shall have the emblements, as a return 

for the labor and expense of the deceased in tilling the ground. 9 Johns. R. 

112; 1 Chit. P. 91: 8 Vin. Ab. 364 Woodf. L. & T. 237 Toll. Ex. book 2, c. 

4; Bac. Ab Executors, H 3; Co. Litt. 55; Com. Dig. Biens G.; Dane's Ab. 

Index, h.t.; 1 Penna. R. 471; 3 Penna. 496; Ang. Wat. Co. 1 Bouv. Inst. 

Index, h.t. 



EMBRACEOR, criminal law. He who, when a matter is on trial between party and 

party, comes to the bar with one of the parties, and having received some 

reward so to do, speaks in the case or privily labors the jury, or stands 

there to survey or overlook them, thereby to put them in fear and doubt of 

the matter. But persons learned in the law may speak in a case for their 

clients. Co. Litt. 369; Terms de la Ley. A person who is guilty of 

embracery. (q.v.) 



EMBRACERY, crim. law. An attempt to corrupt or influence a jury, or any way 

incline them to be more favorable to the one side than to the other, by 

money, promises, threats, or persuasions; whether the juror on whom such 

attempt is made give any verdict or not, or whether the Verdict be true or 

false. Hawk. 259; Bac. Ab. Juries, M 3; Co. Litt. 157, b, 369, a; Hob. 294; 

Dy. 84, a, pl. 19; Noy, 102; 1 Str. 643; 11 Mod. 111, 118; Com. 601; 5 

Cowen, 503. 



EMENDALS, Eng. law. This ancient word is said to be used in the accounts of 

the inner temple, where so much in emendals at the foot of an account 

signifies so much in bank, in stock, for the supply of emergencies. Cunn. 

Law Dict. 



EMIGRANT. One who quits his country for any lawful reason, with a design to 

settle elsewhere, and who takes his family and property, if he has any, with 

him. Vatt. b. 1, c. 19, Sec. 224. 



EMIGRATION. The act of removing from one place to another. It is sometimes 

used in the same sense as expatriation, (q.v.) but there is some difference 

in the signification. Expatriation is the act of abandoning one's country, 

while emigration is, perhaps not strictly, applied to the act of removing 

from one part of the country to another. Vide 2 Kent, Com. 36. 



EMINENCE; A title of honor given to cardinals.



EMINENT DOMAIN. The right which people or government retain over the estates 

of individuals, to resume the same for public use. 

     2. It belongs to the legislature to decide what improvements are of 

sufficient importance to justify the exercise of the right of eminent 

domain. See 2 Hill. Ab. 568 1 U. S. Dig. 560; 1 Am. Eq. Dig. 312 3 Toull. n. 

30 p. 23; Ersk. hist. B. 2) tit. 1, s. 2; Grotius, h.t. See Dominium. 



EMISSARY. One who is sent from one power or government into another nation 

for the purpose of spreading false rumors and to cause alarm. He differs 

from a spy. (q.v.) 



EMISSION, med. jur. The act by which any matter whatever is thrown from the 

body; thus it is usual to say, emission of urine, emission of semen, &c. 

     2. In cases of rape, when the fact of penetration is proved, it may be 

left to the jury whether emission did or did not take place. Proof of 

emission would perhaps be held to be evidence of penetration. Addis. R. 143; 

2 So. Car. Const. R. 351; 2 Chitty, Crim. Law, 810; 1 Beck's Med. Jur. 140 1 

Russ. C. & M. 560; 1 East, P. C. 437. 



TO EMIT. To put out; to send forth, 

     2. The tenth section of the first article of the constitution, contains 

various prohibitions, among which is the following: No state shall emit 

bills of credit. To emit bills of credit is to issue paper intended to 

circulate through the community for its ordinary purposes, as money, which 

paper is redeemable at a future day. 4 Pet. R. 410, 432; Story on Const. 

Sec. 1358. Vide Bills of credit. 



EMMENAGOGUES, med. jur. The name of a class of medicines which are believed 

to have the power. of favoring the discharge of the menses. These are black 

hellebore, savine, (vide Juneperius Sabina,) madder, mercury, polygala, 

senega, and pennyroyal. They are sometimes used for the criminal purpose of 

producing abortion. (q.v.) They always endanger the life of the woman. 1 

Beck's Medical Jur. 316; Dungl. Med. Diet. h.t.; Parr's Med. Dict. h.t.; 3 

Paris and Fonbl. Aled. Jur. 88. 



EMOLUMENT. The lawful gain or profit which arises from an office.



EMPALEMENT. A punishment in which a sharp polo was forced up the fundament. 

Encyc. Lond. h.t. 



TO EMPANEL, practice. To make a list or roll, by the sheriff or other 

authorized officer, of the names of jurors who are summoned to appear for 

the performance of such service as jurors are required to perform. 



EMPEROR, an officer. This word is synonymous with the Latin imperator; they 

are both derived from the. verb imperare. Literally, it signifies he who 

commands. 

     2. Under the Roman republic, the title emperor was the generic name 

given to the commanders-in-chief in the armies. But even then the 

application of the word was restrained to the successful commander, who was 

declared emperor by the acclamations of the army, and was afterwards honored 

with the title by a decree of the senate. 3. It, is now used to designate 

some sovereign prince who bears this title. Ayl. Pand. tit. 23. 



EMPHYTEOSIS, civil law. The name of a contract by which the owner of an 

uncultivated piece of land granted it to another either in perpetuity, or 

for a long time, on condition that he should: improve it, by building, 

planting or cultivating it, and should pay for it an annual rent; with a 

right to the grantee to alienate it, or transmit it by descent to his heirs, 

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. Inst. 3, 25, 3. 18 

Toull. n. 144. 

     2. This has a striking resemblance to a ground-tent. (q.v.). See 

Nouveau Denisart, mot, Emphyteose; Merl. Reper. mot Emphyteose; Faber, De 

jure emphyt. Definit. 36; Code, 4, 66, 1. 



EMPIRE. This word signifies, first, authority or command; it is the power to 

command or govern those actions of men which would otherwise be free; 

secondly, the country under the government of an emperor but sometimes it is 

used to designate a country subject to kingly power, as the British empire. 

Wolff, Inst. Sec. 833. 



EMPLOYED. One who is in the service of another. Such a person is entitled to 

rights and liable to. perform certain duties. 

     2. He is entitled to a just compensation for his services; when there 

has been a special contract, to what has been agreed upon; when not, to such 

just recompense as he deserves. 

     3. He is bound to perform the services for which he has engaged 

himself; and for a violation of his engagement he may be sued, but he is not 

liable to corporal correction. An exception to this rule may be mentioned; 

on the ground of necessity, a sailor may be punished by reasonable 

correction, when it is necessary for the safety of the vessel, and to 

maintain discipline. 1 Bouv. Inst. n. 1001: 2 Id. n. 2296. 



EMPLOYEE. One who is authorized to act for another; a mandatory.



EMPLOYMENT. An employment is an office; as, the secretary of the treasury 

has a laborious and responsible employment; an agency, as, the employment of 

an auctioneer; it signifies also the act by which one is engaged to do 

something. 2 Mart. N. S. 672; 2 Harr. Cond. Lo. R. 778. 

     2. The employment of a printer to publish the laws of the United 

States, is not an office. 17 S. & R. 219, 223. See Appointment. 



EMPLOYER. One who has engaged or hired the services of another. He is 

entitled to rights and bound to perform duties. 

     2.-1. His rights are, to be served according to the terms of the 

contract. 2. He has a right against third persons for an injury to the 

person employed, or for harboring him, so as to deprive the employer of his 

services. 2 Bouv. Inst. n. 2295. 

     3. His duties are to pay the workman the compensation agreed upon, or 

if there be no special agreement, such just recompense as he deserves. Vide 

Hire; Hirer. 



EMPTION. The act of buying.



EMPTOR. A buyer; a purchaser.



EN DEMEURE. In default. This term is used in Louisiana. 3 N. S. 574. See 

Moral in. 



ENABLING POWERS. A term used in equity. When the donor of a power, who is 

the owner of the estate, confers upon persons not seised of the fee, the 

right of creating interests to take effect out of it, which could not be 

done by the donee of the power, unless by such authority; this is called an 

enabling power. 2 Bouv. Inst. n. 1928. 



TO ENACT. To establish by law; to perform or effect; to decree. The usual 

formula in making laws is, Be it enacted. 



ENCEINTE, med. jur. A French word, which signifies pregnant. 

     2. When a woman is pregnant, and is convicted of a capital crime, she 

cannot lawfully be punished till after her delivery. 

     3. in the English law, where a widow is suspected to feign herself with 

child, in order to produce a supposititious heir to the estate, the 

presumptive heir may have a writ de ventre inspiciendo, to examine whether 

she be with child or not. Cro. Eliz. 566; 4 Bro. C. C. 90. As to the signs 

of pregnancy, see 1 Beck's Med. Jur. 157. See, generally, 4 Bl. Com. 894; 2 

P. Wms. 591; 1 Cox, C. C. 297 and Pregnancy; Privement enceinte. 



ENCLOSURE. An artificial fence put around one's estate. Vide Close. 



ENCROACHMENT. An unlawful gaining upon the right or possession of another; 

as, when a man sets his fence beyond his line; in this case the proper 

remedy for the party injured is an action of ejectment, or an action of 

trespass. 



ENCUMBRANCE. A burden or charge upon an estate or property, so that it 

cannot be disposed of without being subject to it. A mortgage, a lien for 

taxes, are examples of encumbrances. 

     2. These do not affect the possession of the grantee, and may be 

removed or extinguished by a definite pecuniary value. See 2 Greenl. R. 22; 

5 Greenl. R. 94. 

     3. There are encumbrances of another kind which cannot be so removed, 

such as easements for example, a highway, or a preexisting right to take 

water from, the land. Strictly speaking, however, these are not 

encumbrances, but appurtenances to estates in other lands, or in the 

language of the civil law, servitudes. (q.v.) 5 Conn. R. 497; 10 Conn. R. 

422 15 John. R. 483; and see 8 Pick. R. 349; 2 Wheat. R. 45. See 15 Verm. R. 

683; l Metc. 480; 9 Metc. 462; 1 App. R. 313; 4 Ala. 21; 4 Humph. 99; 18 

Pick. 403; 1 Ala. 645; 22 Pick. 447; 11 Gill & John. 472. 



ENDEAVOR, crim. law. An attempt. (q.v.) Vide Revolt.



ENDORSEMENT. Vide Indorsement.



ENDOWMENT. The bestowing or assuring of a dower to a woman. It is sometimes 

used: metaphorically, for the setting a provision for a charitable 

institution, as the endowment of a hospital. 



ENEMY, international law. By this term is understood the whole body of a 

nation at war with another. It also signifies a citizen or subject of such a 

nation, as when we say an alien enemy. In a still more extended sense, the 

word includes any of the subjects or citizens of a state in amity with the 

United States, who, have commenced, or have made preparations for commencing 

hostilities against the United States; and also the citizens or subjects of 

a state in amity with the United States, who are in the service of a state 

at war with them. Salk. 635; Bac. Ab. Treason, G. 

     2. An enemy cannot, as a general rule, enter into any contract which 

can be enforced in the courts of law; but the rule is not without 

exceptions; as, for example, when a state permits expressly its own citizens 

to trade with the enemy; and perhaps a contract for necessaries, or for 

money to enable the individual to get home, might be enforced. 7 Pet. R. 

586. 

     3. An alien enemy cannot, in general, sue during the war, a citizen of 

the United States, either in the courts of, the United States, or those of 

the several states. 1 Kent, Com. 68; 15 John. R. 57 S. C. 16 John. R. 438. 

Vide Marsh. Ins. c. 2, s. 1; Park. Ins. Index. h.t.; Wesk. Ins. 197; Phil. 

Ins. Index. h.t.; Chit. Comm. Law, Index, h.t.; Chit. Law of Nations, 

Index, h.t. 

     4. By the term enemy is also understood, a person who is desirous of 

doing injury to another. The Latins had two terms to signify these two 

classes of persons; the first, or the public enemy, they called hostis, and 

the latter, or the private enemy, inimicus. 



TO ENFEOFF. To make a gift of any corporeal hereditaments to another. Vide 

Feoffment. 



TO ENFRANCHISE. To make free to incorporate a man in a society or body 

politic. Cunn. L. D. h.t. Vide Disfranchise. 



ENGAGEMENT. This word is frequently used in the French law to signify not 

only a contract, but the obligations arising from a quasi contract. The 

terms obligations (q.v.) and engagements, are said to be synonymous 17 

Toull. n. 1; but the Code seems specially to apply the term engagement to 

those obligations which the law, imposes on a man without the intervention 

of any contract, either on the part of the obligor or the obligee. Art. 

1370. 



ENGLESHIRE. A law was made by Canutus, for the preservation of his Danes, 

that when a man was killed, the hundred or town should be liable to be 

amerced, unless it could be proved that the person killed was an Englishman. 

This proof was called Engleshire. It consisted, generally, of the testimony 

of two males on the part of the father of him that had been killed, and two 

females on the part of his mother. Hal. Hist. P. C. 447; 4 Bl. Com. 195; 

Spelman, Gloss. See Francigena. 



TO ENGROSS, practice, conveyancing. To copy the rude draught of an 

instrument in a fair and large hand. See 3 Bouv. Inst. n, 2421, note. 



ENGROSSER. One who purchases large quantities of any commodities in order to 

have the command of the market, and to sell them again at high prices. 



TO ENJOIN. To command; to require; as, private individuals are not only 

permitted, but enjoined by law to arrest an offender when present at the 

time a felony is committed or dangerous wound given, on pain of fine and 

imprisonment if the wrong doer escape through their negligence. 1 Hale, 587; 

1 East, P. C. 298,304; Hawk. B. 2, c. 12, s. 13; R. & M. C. C. 93. 2. In a 

more technical sense, to enjoin, is to command or order a defendant in 

equity to do or not to do a particular thing by writ of injunction. Vide 

Injunction. 



TO ENLARGE. To extend; as, to enlarge a rule to plead, is to extend the time 

during which a defendant may plead. To enlarge, means also to set at 

liberty; as, the prisoner was enlarged on giving bail. 



ENLARGING. Extending or making more comprehensive; as an enlarging statute, 

which is one extending the common law. 



ENTIA PARS. The part of the eldest. Co. Litt. 166; Bac. Ab. Coparceners, C. 

2. When partition is voluntarily made among coparceners in England, the 

eldest has the first choice, or primer election, (q.v.) and the part which 

she takes is called enitia pars. This right is purely personal, and 

descends; it is also said that even her assignee shall enjoy it; but this 

has also been doubted. The word enitia is said to be derived from the old 

French, eisne the eldest. Bac. Ab. Coparceners, C; Keilw. 1 a, 49 a; 2 And. 

21; Cro. Eliz. 18. 



ENJOYMENT. The right which a man possesses of receiving all the product of a 

thing for his necessity, his use, or his pleasure. 



ENLISTMENT. The act of making a contract to serve the government in a 

subordinate capacity, either in the army or navy. The contract so made, is 

also called an enlistment. See, as to the power of infants to enlist, 4 

Binn. 487; 5 Binn. 423; Binn. 255; 1 S. & R. 87; 11 S. & R. 93. 



ENORMIA. Wrongful acts. See Alia Enormia.



TO ENROLL. To register; to enter on the rolls of chancery, or other court's; 

to make a record. 



ENROLLMENT, Eng. law. The registering, or entering in the rolls of chancery, 

king's bench, common pleas, or exchequer, or by the clerk of the peace in 

the records of the quarter sessions, of any lawful act; as a recognizance, a 

deed of bargain and sale, and the like. Jacob, L. D. 



TO ENTAIL. To create an estate tail. Vide Tail. 



ENTIRE. That which is not divided; that which is whole. 

     2. When a contract is entire, it must in general be fully performed, 

before the party can claim the compensation which was to have been paid to 

him; for example, when a man hires to serve another for one year, he will 

not be entitled to leave him at any time before the end of the year, and 

claim compensation for the time, unless it be done by the consent or default 

of the party hiring. 6 Verm. R. 35; 2 Pick. R. 267; 4 Pick. R. 103 10 Pick. 

R. 209; 4 McCord's R. 26, 246; 4 Greenl. R. 454; 2 Penna. R. 454; 15 John. 

R. 224; 4 Pick. R. 114; 9 Pick. R. 298 19 John. R. 337; 4 McCord, 249; 6 

Harr. & John. 38. See Divisible. 



ENTIRETY, or, ENTIERTIE. This word denotes the whole, in contradistinction 

to moiety, which denotes the half part. A husband and wife, when jointly 

seized of land, are seized by entireties and not "pur mie" as joint tenants 

are. Jacob's Law Dict.; 4 Kent, 362; 2 Kent, 132; Hartv. Johnson, 3 Penna. 

Law Journ. 350, 357. 



ENTREPOT. A warehouse; a magazine where goods are deposited, and which are 

again to be removed. 



ENTRY. criminal law. The unlawful breaking into a house, in order to commit 

a crime. In cases of burglary, the least entry with the whole or any part of 

the body, hand, or foot, or with any instrument or weapon, introduced for 

the purpose of committing a felony, is sufficient to complete the offence. 3 

Inst. 64. 



ENTRY, estates, rights. The taking possession of lands by the legal owner. 

   2. A person having a right of possession may assert it by a peaceable 

entry, and being in possession may retain it, and plead that it is his soil 

and freehold; and this will not break in upon any rule of law respecting the 

mode of obtaining the possession of lands. 3 Term Rep. B. R. 295. When 

another person has taken possession of lands or tenements, and the owner 

peaceably makes an entry thereon, and declares that be thereby takes 

possession of the same, he shall, by this notorious act of ownership, which 

is equal to a feodal investiture, be restored to his original right. 3 Bl. 

Com. 174. 

     3. A right of entry is not assignable at common law. Co. Litt. 214 a. 

As to the law on this subject in the United States, vide Buying of titles; 4 

Kent, Com. 439 2 Hill. Ab. c. 33, Sec. 42 to 52; also, article ReEntry; Bac. 

Ab. Descent, G; 8 Vin. Ab. 441. 

     4. In another sense, entry signifies the going upon another man's lands 

or his tenements. An entry in this sense may be justifiably made on 

another's land or house, first, when the law confers an authority; and 

secondly, when the party has authority in fact. 

     5. First, 1. An officer may enter the close of one against whose person 

or property he is charged with the execution of a writ. In a civil case, the 

officer cannot open (even by unlatching) the outer inlet to a house, as a 

door or window opening into the street 18 Edw. IV., Easter, 19, pl. 4; 

Moore, pl. 917, p. 668 Cooke's case, Wm. Jones, 429; although it has been 

closed for the purpose of excluding him. Cowp. 1. But in a criminal case, a 

constable may break open an outer door to arrest one within suspected of 

felony. 13 Edw. IV., Easter, 4, p. 9. If the outer door or window be open, 

he may enter through it to execute a civil writ; Palin. 52; 5 Rep. 91; and, 

having entered, he may, in every case, if necessary, break open an inner 

door. 1 Brownl. 50. 

     6.-2. The lord may enter to distrain, and go into the house for that 

purpose, the outer door being open. 5 Rep. 91. 

     7.-3. The proprietors of goods or chattels may enter the land of 

another upon which they are placed, and remove them, provided they are there 

without his default; as where his tree has blown down into the adjoining 

close by the wind, or his fruit has fallen from a branch which overhung it. 

20 Vin. Abr. 418. 

     8.-4. If one man is bound to repair bridge, he has a right of entry 

given him by law for that purpose. Moore, 889. 

     9.-5. A creditor has a right to enter the close of his debtor to 

demand the duty owing, though it is not to be rendered there. Cro. Eliz. 

876. 

    10.-6. If trees are excepted out of a demise, the lessor has the right 

of entering, to prune or fell them. Cro. Eliz. 17; 11. Rep. 53. 

    11.-7. Every traveller has, by law, the privilege of entering a common 

inn, at all seasonable times, provided the host has sufficient 

accommodation, which, if he has not, it is for him to declare. 

    12.- 8. Ever man may throw down a public nuisance, and a private one may 

be thrown down by the party grieved, and this before an prejudice happens, 

but only from the probability that it may happen. 5 Rep, 102 and see 1 

Brownl. 212; 12 Mod. 510 Wm. Jones, 221; 1 Str. 683. To this end, the abator 

has authority to enter the close in which it stands. See Nuisance. 

    13.-9. An entry may be made on the land of another, to exercise or 

enjoy therein an incorporeal right or hereditament to which he is entitled. 

Hamm. N. P. 172. See general Bouv. Inst. Index, h.t.; 2 Greenl. Ev. Sec. 

627; License. 



ENTRY, commercial law. The act of setting down the particulars of a sale, or 

other transaction, in a merchant's or tradesman's account books; such 

entries are, in general, prima facie evidence of the sale and delivery, and 

of work, done; but unless the entry be the original one, it is not evidence. 

Vide Original entry. 



ENTRY AD COMMUNE LEGEM, Eng. law. The name of a writ which lies in favor of 

the reversioner, when the tenant for term of life, tenant for term of 

another's life, tenant by the curtesy, or tenant in dower, aliens and dies. 

T. L. 



ENTRY OF GOODS, commercial law. An entry of goods at the custom-house is the 

submitting to the officers appointed by law, who have the collection of the 

customs, goods imported. into the United States, together with a statement 

or description of such goods, and the original invoices of the same. The act 

of March 2, 1799, s. 36, 1 Story, L. U. S. 606, and the act of March 1, 

1823, 3 Story, L. U. S. 1881, regulate the manner of making entries of 

goods. 



ENTRY, WRIT OF. The name of a writ issued for the purpose of obtaining 

possession of land from one who has entered unlawfully, and continues in 

possession. This is a mere possessor action, and does not decide the right 

of property. 

     2. The writs of entry were commonly brought, where the tenant or 

possessor of the land entered lawfully; that is, without fraud or force; 13 

Edw. I. c. 25; although sometimes they were founded upon an entry made by 

wrong. The forms of these writs are very various, and are adapted to the, 

title and estate of the demandant. Booth enumerates and particularly 

discusses twelve varieties. Real Actions, pp. 175-200. In general they 

contain an averment of the manner in which the defendant entered. At the 

common law these actions could be brought only in the degrees, but the 

Statute of Marlbridge, c. 30; Rob. Dig. 147, cited as c. 29; gave a writ 

adapted to cases beyond the degrees, called a writ of entry in the post. 

Booth, 172, 173. The denomination of these writs by degrees, is derived from 

the circumstance that estates are supposed by the law to pass by degrees 

from one person to another, either by descent or purchase. Similar to this 

idea, or rather corresponding with it, are the gradations of consanguinity, 

indicated by the very common term pedigree. But in reference to the writs of 

entry, the degrees recognized were only two, and the writs were quaintly 

termed writs in the per, and writs in the per and cui. Examples of these 

writs are given in Booth on R. A. pp. 173, 174. The writ in the, per runs 

thus: "Command A, that be render unto B, one messuage, &c., into which he 

has not entry except (per) by &c. The writ in the per and cui contains 

another gradation in the transmission of the estate, and read thus: Command 

A, that he render, &c., one messuage, into which he hath not entry but (per) 

by C, (cui) to whom the aforesaid B demised it for a term of years, now 

expired," &c. 2 Institute, 153; Co. Litt. b, 239, a. Booth, however, makes 

three degrees, by accounting the estate in the per, the second degree. The 

difference is not substantial. If the estate had passed further, either by 

descent or conveyance, it was said to be out of the degrees, and to such 

cases the writ of entry on the. statute of Marlbridge, only, was applicable. 

3 Bl. Com. 181, 182; Report of Com. to Revise Civil Code of Penna. January 

15, 1835, p. 85. Vide Writ of entry. 



TO ENURE. To take, or have effect or serve to the use, benefit, or advantage 

of a person. The word is often written inure. A release to the tenant for 

life, enures to him in reversion; that is, it has the same effect for him as 

for the tenant for life. A discharge of the principal enures to the benefit 

of the surety. 



ENVOY, international law. In diplomatic language, an envoy is a minister of 

the second rank, on whom his sovereign or government has conferred a degree 

of dignity and respectability, which, without being on a level with an 

ambassador, immediately follows, and among ministers, yields the preeminence 

to him alone. 

     2. Envoys are either ordinary or extraordinary; by custom the latter is 

held in greater consideration. Vattel, liv. 4, c. 6, Sec. 72. 



EPILEPSY, med. jur. A disease of the brain, which occurs in paroxysms, with 

uncertain intervals between them. 

     2. These paroxysms are characterized by the loss of sensation, and 

convulsive motions of the muscles. When long continued and violent, this 

disease is very apt to end in dementia. (q.v.) It gradually destroys the 

memory, and impairs the intellect, and is one of the causes of an unsound 

mind. 8 Ves. 87. Vide Dig. 50, 16, 123; Id. 21, 1, 4, 5. 



EPISCOPACY, eccl. law. A form of government by diocesan bishops; the office 

or condition of a bishop. 



EPISTLES, civil law. The name given to a species of rescript. Epistles were 

the answers given by the prince, when magistrates submitted to him a 

question of law. Vicle Rescripts. 



EQUALITY. Possessing the same rights, and being liable to the same duties. 

See 1 Toull. No. l70, 193, Int. 

     2. Persons are all equal before the law, whatever adventitious 

advantages some may possess over others. All persons are protected by the 

law, and obedience to it is required from all. 

     3. Judges in court, while exercising their functions, are all upon an 

equality, it being a rule that inter pares non est potestas; a judge cannot, 

therefore, punish another judge of the same court for using any expression 

in court, although the words used might have been a contempt in any other 

person. Bac. Ab., Of the court of sessions, of justices of the peace. 

     4. In contracts the law presumes the parties act upon a perfect 

equality; when, therefore, one party uses any fraud or deceit to destroy 

this equality, the party grieved may avoid the contract. In case of a grant 

to two or more persons jointly, without designating what each takes, they 

are presumed to take in equal proportion. 4 Day, 395. 

     5. It is a maxim, that when the equity of the parties is equal, the law 

must prevail. 3 Call, R. 259. And that, as between different creditors, 

equality is equity. 4 Bouv. Inst. n. 3725; 1 Page, R. 181. See Kames on Eq. 

75. Vide Deceit; Fraud. 



EQUINOX. The name given to two periods of the year when the days and nights 

are equal; that is, when the space of time between the rising and setting of 

the sun is one half of a natural day. Dig. 43, 13, 1, 8. Vide Day. 



EQUITABLE. That which is in conformity to the natural law. Wolff, Inst. Sec. 

83. 



EQUITABLE ESTATE. An equitable estate is a right or interest in land, which, 

not having the properties of a legal estate, but being merely a right of 

which courts of equity will take notice, requires the aid of such court to 

make it available. 

     2. These estates consist of uses, trusts, and powers. See 2 Bouv. Inst. 

n. 1884. Vide Cestui que trust; Cestui que use. 



EQUITABLE MORTGAGE, Eng. law. The deposit of title-deeds, by the owner of an 

estate, with a person from whom he has borrowed money, with an accompanying 

agreement to execute a regular mortgage, or by the mere deposit, without 

even any verbal agreement respecting a regular security. 2 Pow. on Mort. 49 

to 61; 1 Mad. Ch. Pr. 537; 4 Madd. R. 249; 1 Bro. C. C. 269; 12 Ves. 197; 3 

Younge & J. 150; 1 Rus. R. 141. 

     2. In Pennsylvania, there is no such thing as an equitable mortgage. 3 

P. S. R; 233; 3 Penna. R. 239; 17 S. & R. 70; 1 Penna. R. 447. 



EQUITY. In the early history of the law, the sense affixed to this word was 

exceedingly vague and uncertain. This was owing, in part, to the fact, that 

the chancellors of those days were either statesmen or ecclesiastics, 

perhaps not very scrupulous in the exercise of power. It was then asserted 

that equity was bounded by no certain limits or rules, and that it was alone 

controlled by conscience and natural justice. 3 Bl. Com. 43-3, 440, 441. 

     2. In a moral sense, that is called equity which is founded, ex oequo 

et bono, in natural justice, in honesty, and in right. In an enlarged. legal 

view, "equity, in its true and genuine meaning, is the soul and spirit of 

the law; positive law is construed, and rational law is made by it. In this, 

equity is made synonymous with justice; in that, to the true and sound 

interpretation of the rule." 3 Bl. Com. 429. This equity is justly said to 

be a supplement to the laws; but it must be directed by science. The Roman 

law will furnish him with sure guides, and safe rules. In that code will be 

found, fully developed, the first principles and the most important 

consequences of natural right. "From the moment when principles of decision 

came to be acted upon in chancery," says Mr. Justice Story, "the Roman law 

furnished abundant materials to erect a superstructure, at once solid, 

convenient and lofty, adapted to human wants, and enriched by the aid of 

human wisdom, experience and learning." Com. on Eq. Jur. Sec. 23 Digest, 54. 

     3. But equity has a more restrained and qualified meaning. The remedies 

for the redress of wrongs, and for the enforcement of rights, are 

distinguished into two classes, first, those which are administered in 

courts of common law; and, secondly, those which are administered in courts 

of equity. Rights which are recognized and protected, and wrongs which are 

redressed by the former courts, are called legal rights and legal injuries. 

Rights which are recognized and protected, and wrongs which are redressed by 

the latter courts only, are called equitable rights and equitable injuries 

The former are said to be rights and wrongs at common law, and the remedies, 

therefore, are remedies at common law; the latter are said to be rights and 

wrongs in equity, and the remedies, therefore, are remedies in equity. 

Equity jurisprudence may, therefore, properly be said to be that portion of 

remedial justice which is exclusively administered by a court of equity, as 

contradistinguished from that remedial justice, which is exclusively 

administered by a court of law. Story, Eq. Sec. 25. Vide Chancery, and the 

authorities there cited; and 3 Chit. Bl. Com. 425 n. 1. Dane's Ab. h.t.; 

Ayl. Pand. 37; Fonbl. Eq. b. 1, c. 1; Wooddes. Lect. 114 Bouv. Inst. Index, 

h.t. 



EQUITY, COURT OF. A court of equity is one which administers justice, where 

there are no legal rights, or legal rights, but courts of law do not afford 

a complete, remedy, and where the complainant has also an equitable right. 

Vide Chancery. 



EQUITY OF REDEMPTION. A right which the mortgagee of an estate has of 

redeeming it, after it has been forfeited at law by the non-payment at, the 

time appointed of the money secured by the mortgage to be paid, by paying 

the amount of the debt, interest and costs. 

     2. An equity of redemption is a mere creature of a court of equity, 

founded on this principle, that as a mortgage is a pledge for securing the 

repayment of a sum of money to the mortgagee, it is but natural justice to 

consider the ownership of the land as still vested in the mortgagor, subject 

only to the legal title of the mortgagee, so far as such legal title is 

necessary to his security. 

     3. In Pennsylvania, however, redemption is a legal right. 11 Serg. & 

Rawle, 223. 

     4. The phrase equity of redemption is indiscriminately, though perhaps 

not correctly applied, to the right of the mortgagor to regain his estate, 

both before and after breach of condition, In North Carolina by statute the 

former is called a legal right of redemption; and the latter the equity of 

redemption, thereby keeping a just distinction between these estates. 1 N. 

C. Rev. St. 266; 4 McCord, 340. 

     5. Once a mortgage always a mortgage, is a universal rule in equity. 

The right of redemption is said to be as inseparable from a mortgage, as 

that of replevying from a distress, and every attempt to limit this right 

must fail. 2 Chan. Cas. 22; 1 Vern. 33, 190; 2 John. Ch. R. 30; 7 John. Ch. 

R. 40; 7 Cranch, R. 218; 2 Cowen, 324; 1 Yeates, R. 584; 2 Chan. R. 221; 2 

Sumner, R. 487. 

     6. The right of redemption exists, not only in the mortgagor himself, 

but in his heirs, and personal representatives, and assignee, and in every 

other person who has an interest in, or a legal or equitable lien upon the 

lands; and therefore a tenant in dower, a jointress, a tenant by the 

curtesy, a remainder-man and a reversioner, a judgment creditor, and every 

other incumbrancer, unless he be an incumbrancer pendente lite, may redeem. 

4 Kent, Com. 156; 5 Pick. R. 149; 9 John. R. 591, 611; 9 Mass. R. 422; 2 

Litt. R. 334; 1 Pick. R. 485; 14 Wend. R. 233; 5 John. Ch. R. 482; 6 N. H. 

Rep. 25; 7 Vin. Ab. 52. Vide, generally, Cruise, Dig. tit. 15, c. 3; 4 Kent, 

Com. 148; Pow. on Mortg. eh. 10 and 11; 2 Black. Com. 158; 13 Vin. Ab. 458; 

2 Supp. to Ves. Jr. 368; 2 Jac. & Walk. 194, n.; 1 Hill. Ab. c. 31; and 

article Stellionate. 



EQUIVALENT. Of the same value. Sometimes a condition must be literally 

accomplished in forma specifica; but some may be fulfilled by an equivalent, 

per oequi polens, when such appears to be the intention of the parties; as, 

I promise to pay you one hundred dollars, and then die, my executor may 

fulfill my engagement; for it is equivalent to you whether the money be paid 

to you b me or by him. Roll. Ab. 451; 1 Bouv. Inst. n. 760. 



EQUIVOCAL. What has a double sense.

     2. In the construction of contracts, it is a general rule that when an 

expression may be taken in two senses, that shall be preferred which gives 

it effect. Vide Ambiguity; Construction; Interpretation; and Dig. 22, 1, 4; 

Id 45, 1, 80; Id. 50, 17, 67. 



EQUULEUS. The name of a kind of rack for extorting confessions. Encyc. Lond. 



ERASURE, contracts, evidence. The obliteration of a writing; it will render 

it void or not under the same circumstances as an interlineation. (q.v.) 

Vide 5 Pet. S. C. R. 560; 11 Co. 88; 4 Cruise, Dig. 368; 13 Vin. Ab. 41; 

Fitzg. 207; 5 Bing. R. 183; 3 C. & P. 65; 2 Wend. R. 555; 11 Conn. R. 531; 5 

M. R. 190; 2 L. R. 291 3 L. R. 56; 4 L. R. 270. 

     2. Erasures and interlineations are presumed to have been made after 

the execution of a deed, unless the contrary be proved. 1 Dall. 67; 1 Pet. 

169; 4 Bin. 1; 10 Serg. & R. 64, 170, 419; 16 Serg. & R. 44. 



EREGIMUS. We have erected. In England, whenever the. right of creating or 

granting a new office is vested in the king, he must use proper words for 

the purpose, as eregimus, constituimus, and the like. Bac. Ab. Offices, &c., 

E. 



EROTIC MANIA, med. jur. A name given to a morbid activity of the sexual 

propensity. It is a disease or morbid affection of the mind, which fills it 

with a crowd of voluptuous images, and hurries its victim to acts of the 

grossest licentiousness, in the absence of any lesion of the intellectual 

powers. Vide Mania. 



ERROR. A mistake in judgment or deviation from the truth, in matters of fact 

and from the law in matters of judgment. 

     2.-1 Error of fact. The law has wisely provide that a person shall be 

excused, if, intending to do a lawful act, and pursuing lawful means to 

accomplish his object, he commit an act which would be criminal or unlawful, 

if it were done with a criminal design or in an unlawful manner; for 

example, thieves break into my house, in the night time, to commit a 

burglary; I rise out of my bed, and seeing a person with a drawn sword 

running towards my wife, I take him for one of the burglars, and shoot him 

down, and afterwards find he was one of my friends, whom, owing to the 

dimness of the light, I could not recognize, who had lodged with me, rose on 

the first alarm, and was in fact running towards my wife, to rescue her from 

the hands of an assassin; still I am innocent, because I committed an error 

as to a fact, which I could not know, and had, no time to inquire about. 

     3. Again, a contract made under a clear error is not binding; as, if 

the seller and purchaser of a house situated in Now York, happen to be in 

Philadelphia, and, at the time of the sale, it was unknown to both parties 

that the house was burned down, there will be no valid contract; or if I 

sell you my horse Napoleon, which we both suppose to be in my stable, and at 

the time of the contract he is dead, the sale is void. 7 How. Miss. R. 371 3 

Shepl. 45; 20 Wend. 174; 9 Shepl. 363 2 Brown, 27; 5 Conn. 71; 6 Mass. 84; 

12 Mass. 36. See Sale. 

     4. Courts of equity will in general correct and rectify all errors in 

fact committed in making deeds and contracts founded on good considerations. 

See Mistake. 

     5.-2. Error in law. As the law is, or which is the same thing, is 

presumed to be certain and definite, every man is bound to understand it, 

and an error of law will not, in general, excuse a man, for its violation. 

     6. A contract made under an error in law, is in general binding, for 

were it not so, error would be urged in almost every case. 2 East, 469; see 

6 John. Ch. R. 166 8 Cowen, 195; 2 Jac. & Walk. 249; 1 Story, Eq. Jur. 156; 

1 Younge & Coll. 232; 6 B. & C. 671 Bowy. Com. 135; 3 Sav. Dr. Rom. App. 

viii. But a foreign law will for this purpose be considered as a fact. 3 

Shepl. 45; 9 Pick. 112; 2 Ev. Pothier, 369, &c. See, also, Ignorance; 

Marriage; Mistake. 

     7. By error, is also understood a mistake made in the trial of a cause, 

to correct which a writ of error may be sued out of a superior court. 



ERROR, WRIT OF. A writ of error is one issued for a superior to an inferior 

court, for the purpose of bringing up the record and correcting an alleged 

error committed in the trial in the court below. But it cannot deliver the 

body from prison. Bro. Abr. Acc. pl. 45. The judges to whom the writ is 

directed have no power to return the record nisi judicium inde redditum sit. 

Nor can it be brought except on the final judgment. See Metcalf's Case, 11 

Co. Rep. 38, which is eminently instructive on this subject. Vide Writ of 

Error. 



ESCAPE. An escape is tho deliverance of a person who is lawfully imprisoned, 

out of prison, before such a person is entitled to such deliverance by law. 

5 Mass. 310. 

     2. It will be proper to consider, first, what is a lawful imprisonment; 

and, secondly, the different kinds of escapes. 

     3. When a man is imprisoned in a proper place under the process of a 

court having jurisdiction in the case, he is lawfully imprisoned, 

notwithstanding the proceedings may be irregular; but if the court has not 

jurisdiction the imprisonment is unlawful, whether the process be regular or 

otherwise. Bac. Ab. Escape. in civil cases, A 1; 13 John. 378; 5 John. 89; 1 

Cowen, 309 8 Cowen, 192; 1 Root, R. 288. 

     4. Escapes are divided into voluntary and negligent; actual or 

constructive; civil and criminal and escapes on mesne process and execution. 

     5.-1. A voluntary escape is the giving to a prisoner, voluntarily, 

any liberty not authorized by law. 5 Mass. 310; 2 Chipm. 11. Letting a 

prisoner confined under final process, out of prison for any, even the 

shortest time, is an escape, although he afterwards return; 2 Bl. Rep. 1048; 

1 Roll. Ab. 806; and this may be, (as in the case of imprisonment under a 

ca. sa.) although an officer may accompany him. 3 Co. 44 a Plowd. 37; Hob. 

202; 1 Bos. & Pull. 24 2 Bl. Rep. 1048. 

     6. The effect of a voluntary escape in a civil case, when the prisoner 

is confined under final process, is to discharge the debtor, so that he 

cannot be retaken by the sheriff; but he may be again arrested if he was 

confined only on mesne process. 2 T. R. 172; 2 Barn. & A. 56. And the 

plaintiff may retake the prisoner in either case. In a criminal case, on the 

contrary, the officer not only has a right to recapture his prisoner, but it 

is his duty to do so. 6 Hill, 344; Bac. Ab. Escape in civil cases, C. 

     7.-2. A negligent escape takes place when the prisoner goes at large, 

unlawfully, either because the building or prison in which he is confined is 

too weak to hold him, or because the keeper by carelessness lets him go out 

of prison. 

     8. The consequences of a negligent escape are not so favorable to the 

prisoner confined under final process, as they are when the escape is 

voluntary, because in this case, the prisoner is to blame. He may therefore 

be retaken. 

     9.-3. The escape is actual, when the prisoner in fact gets out of 

prison and unlawfully regains his liberty. 

    10.-4. A constructive escape takes place when the prisoner obtains 

more liberty than the law allows, although he still remains in confinement 

The following cases are examples of such escapes: When a man marries his 

prisoner. Plowd. 17; Bac. Ab. Escape, B 3. If an underkeeper be taken in 

execution, and delivered at the prison, and neither the sheriff nor any 

authorized person be there to receive him. 5 Mass. 310. And when the keeper 

of a prison made one of the prisoners confined for a debt a turnkey, and 

trusted him with the keys, it was held that this was a constructive escape. 

2 Mason, 486. 

    11. Escapes in civil cases are, when the prisoner is charged in 

execution or on mesne process for a debt or duty, and not for a criminal 

offence, and he unlawfully gains his liberty. In this case, we have seen, 

the prisoner may be retaken, if the escape have not been voluntary; and that 

he may be retaken by the plaintiff when the escape has taken place without 

his fault, whether the defendant be confined in execution or not; and that 

the sheriff may retake the prisoner, who has been liberated by him, when he 

was not confined on final process. 

    12. Escapes in criminal cases take place when a person lawfully in 

prison, charged with a crime or under sentence, regains his liberty 

unlawfully. The prisoner being to blame for not submitting to the law, and 

in effecting his escape, may be retaken whether the escape was voluntary or 

not. And he may be indicted, fined and imprisoned for so escaping. See 

Prison. 

    13. Escape on mesne process is where the prisoner is not confined on 

final process, but on some other process issued in the course of the 

proceedings, and unlawfully obtains his liberty, such escape does not make 

the officer liable, provided that on the return day of the writ, the 

prisoner is forthcoming. 

    14. Escape on final process is when the prisoner obtains his liberty 

unlawfully while lawfully confined, and under an execution or other final 

decree. The officer is then, in general, liable to the plaintiff for the 

amount of the debt. 



ESCAPE, WARRANT. A warrant issued in England against a person who being 

charged in custody in the king's bench or Fleet prison, in execution or 

mesne process, escapes and goes at large. Jacob's L. D. h.t. 



ESCHEAT, title to lands. According to the English law, escheat denotes an 

obstruction of the course of descent, and a consequent determination of the 

tenure, by some unforeseen contingency; in which case the land naturally 

results back, by a kind of reversion, to the original grantor, or lord of 

the fee.. 2 Bl. Com. 244. 

     2. All escheats, under the English law, are declared to be strictly 

feudal, and to import the extinction of tenure. Wright on Ten. 115 to 117; 1 

Wm. Bl. R. 123. 

     3. But as the feudal tenures do not exist in this country, there are no 

private persons who succeed to the inheritance by escheat. The state steps 

in, in the place of the feudal lord, by virtue of its sovereignty, as the 

original and ultimate proprietor of all the lands within its jurisdiction. 4 

Kent, Com. 420. It seems to be the universal rule of civilized society, that 

when the deceased owner has left no heirs, it should vest in the public, and 

be at the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub. 

liv. 1, t. 6, s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1 

Swift's Dig. 156; 2 Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane's Ab. 

140, sect. 24; Jones on Land Office Titles in Penna. 5, 6, 93. For the rules 

of the Roman Civil Law, see Code Justinian, book 10. 



ESCHEATOR. The name of an officer whose duties are generally to ascertain 

what escheats have taken place, and to prosecute the claim of the 

commonwealth for the purpose of recovering the escheated property. Vide 10 

Vin. Ab. 158. 



ESCROW, conveyancing, contracts. A conditional delivery of a deed to a 

stranger, and not to the grantee himself, until certain conditions shall be 

performed, and then it is to be delivered to the grantee. Until the 

condition be performed and the deed delivered over, the estate does not 

pass, but remains in the grantor. 2 Johns. R. 248; Perk. 137, 138. 

     2. Generally, an escrow takes effect from the second delivery, and is 

to be considered as the deed of the party from that time; but this general 

rule does not apply when justice requires a resort to fiction. The relation 

back to the first delivery, so as to give the deed effect from that time, is 

allowed in cases of necessity, to avoid injury to the operation of the deed, 

from events happening between the first and second delivery. For example, 

when a feme sole makes a deed and delivers it as an escrow, and then marries 

before the second delivery, the relation back to the time when she was sole, 

is necessary to render the deed valid. Vide 2 Bl. Com. 307; 2 Bouv. Inst. n. 

2024; 4 Kent, Com. 446; Cruise, Dig. t. 32, c. 2, s. 87 to 91; Com. Dig. 

Fait, A 3; 13 Vin. Ab. 29; 5 Mass. R. 60; 2 Root, R. 81; 5 Conn. R. 113; 1 

Conn. R. 375; 6 Paige's R. 314; 2 Mass. R. 452; 10 Wend. R. 310; 4 Green]. 

R. 20; 2 N. H. Rep. 71; 2 Watts', R. 359; 13 John. R. 285; 4 Day's R. 66; 9 

Mass. R. 310 1 John. Cas. 81; 6 Wend. R. 666; 2 Wash. R. 58; 8 Mass. R. 238; 

4 Watts, R. 180; 9 Mass. Rep. 310; 2 Johns. Rep. 258-9; 13 Johns. Rep. 285; 

Cox, Dig. tit, Escrow; Prest. Shep. Touch. 56, 57, 58; Shep. Prec. 54, 56; 1 

Prest. Abst. 275; 3 Prest. Ab. 65; 3 Rep. 35; 5 Rep. 84. 



ESCUAGE, old Eng. law. Service of the shield. Tenants who hold their land by 

escuage, hold by knight's service. 1 Tho. Co. Litt. 272; Littl. s. 95, 86 b. 



ESNECY. Eldership. In the English law, 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. 



ESPLEES. The products which the land or ground yields; as the hay of the 

meadows, the herbage of the pasture, corn or other produce of the arable, 

rents and services. Termes de la Ley; see 11 Serg. & R. 2-5; Dane's Ab. 

Index, h.t. 



ESPOUSALS, contracts. A mutual promise between a man and a woman to marry 

each other, at some other time: it differs from a marriage, because then the 

contract is completed. Wood's Inst. 57; vide Dig. 23, 1, 1; Code, 5, 1, 4; 

Novel, 115, c. 3, s. 11; Ayliffe's Parerg. 245 Aso & Man. Inst. B. 1, t. 6, 

c. 1, Sec. 1. 



ESQUIRE. A title applied by courtesy to officers of almost every 

description, to members of the bar, and others. No one is entitled to it by 

law, and, therefore, it confers, no distinction in law. 

     2. In England, it is a title next above that of a gentleman, and below 

a knight. Camden reckons up four kinds of esquires, particularly regarded by 

the heralds: 1. The eldest sons of knights and their eldest sons, in 

perpetual succession. 2. The eldest sons of the younger sons of peers, and 

their eldest sons in like perpetual succession. 3. Esquires created by the 

king's letters patent, or other investiture, and their eldest sons. 4. 

Esquires by virtue of their office, as justices of the peace, and others who 

bear any office of trust under the crown. 



ESSOIN, practice. An excuse which a party bound to be in court on a 

particular day, offers for not being there. 1 Sell. Pr. 4; Lee's Dict. h.t. 

     2. Essoin day is the day on which the writ is returnable. It is 

considered for many purposes as the first day of the term. 1 T. R. 183. See 

2 T. R. 16 n.; 4 Moore's R. 425. Vide Exoine. 



ESTABLISH. This word occurs frequently in the Constitution of the United 

States, and it is there used in different meanings. 1. To settle firmly, to 

fix unalterably; as, to establish justice, which is the avowed object of the 

constitution. 2. To make or form as, to establish an uniform rule of 

naturalization, and uniform laws on the subject of bankruptcies, which 

evidently does not mean that these laws shall be unalterably established as 

justice. 3. To found, to create, to regulate; as, congress shall have power 

to establish post roads and post offices. 4. To found, recognize, confirm or 

admit; as, congress shall make no law respecting an establishment of 

religion. 5. To create, to ratify, or confirm; as, we, the people, &c., do 

ordain and establish this constitution, 1 Story, Const. Sec. 454. 



ESTADAL, Spanish law. In Spanish America, this was a measure of land of 

sixteen square varas or yards. 2 White's Coll. 139. 



ESTATE. This word his several meanings: 1. In its most extensive sense, it 

is applied to signify every thing of which riches or, fortune may consist 

and includes personal and real property; hence we say personal estate, real 

estate. 8 Ves. 504. 2. In its more limited sense, the word estate is applied 

to lands, It is so applied in two senses. The first describes or points out 

the land itself, without ascertaining the extent or nature of the interest 

therein; as "my estate at A." The second, which is the proper and technical 

meaning of estate, is the degree, quantity, nature and extent of interest 

which one has in real property; as, an estate in fee, whether the same be a 

fee simple or fee tail; or an estate for life or for years, &c. Lord Coke 

says: Estate signifies such inheritance, freehold, term of years, tenancy by 

statute merchant, staple, eligit, or the like, as any man hath in lands or 

tenements, &c. Co. Lit. Sec. 650, 345 a. See Jones on Land Office Titles in 

Penna. 165-170. 

     2. In Latin, it is called status, because it signifies the condition 

or circumstances in which the owner stands with regard to his property.. 

     3. Estates in land may be considered in a fourfold view with regard, 1. 

To the quantity of interest which the tenant has in the tenement. 2. To the 

time during which that quantity of interest is to be enjoyed. 3. To the 

number and connexion of the tenants. 4. To what conditions may be annexed to 

the estate. 

     4.-1. The quantity of interest which the tenant has in his tenement 

is measured by its duration and extent. An estate, considered in this point 

of view, is said to be an estate of freehold, and an estate less than 

freehold. 

     5.-1. Freehold estates are of inheritance and not of inheritance. An 

estate in fee, (q.v.) which is the estate most common in this country, is a 

freehold estate of inheritance. Estates of freehold not of inheritance, are 

the following: 

     6.-1st. Estates for life. An estate for life is a freehold interest 

in lands, the duration of which is confined to the life or lives of some 

particular person or persons, or to the happening or not happening of some 

uncertain event. 

     7. Estates for life are divided into conventional or legal estates. The 

first created by the act of the parties, and the second by operation of law. 

     8.-1. Life estates may be created by express words; as, if A conveys 

land to B, for the term of his natural life; or they may arise by 

construction of law, as, if A conveys land to B, without specifying the term 

or duration, and without words of limitation. In the last case, B cannot 

have an estate in fee, according to. the English law, and according to the 

law of those parts of the United States which have adopted and not altered 

the common law in this particular, but he will take the largest estate which 

can possibly arise from the grant, and that is an estate for life. Co. Litt. 

42, a. So a conveyance "to I M, and his generation, to endure as long as 

the waters of the Delaware should run," passes no more than a life estate. 3 

Wash. C. C. Rep. 498. The life estate may be either for a man's own life, or 

for the life of another person, and in this last case it is termed an estate 

per autre vie. There are some estates for life, which may depend upon future 

contingencies, before the death of the person to whom they are granted; for 

example, an estate given to a woman dum sola fuerit, or durante viduitate, 

or to a man and woman during coverture, or as long as the grantee shall 

dwell in a particular house, is determinable upon the happening of the 

event. In the same manner, a house usually worth one hundred dollars a year, 

may be granted to a person still he shall have received one thousand 

dollars; this will be an estate for life, for as the profits are uncertain, 

and may rise or fall, no precise time can be fixed for the determination of 

the estate. On the contrary, where the time is fixed, although it may extend 

far beyond any life, as a term for five hundred years, this does not create 

a life estate. 

     9.-2. The estates for life created by operation of law, are, 1st. 

Estates tail after possibility of issue extinct. 2d. Estates by the curtesy. 

3d. Dower. 4th. Jointure. Vide Cruise. Dig. tit. 3; 4 Kent, Com. 23; 1 

Brown's Civ. Law, 191; 2 Bl. Com. 103. The estate for life is somewhat 

similar to the usufruct (q.v.) of the civil law. 

    10. The incidents to an estate for life, are principally the following: 

1. Every tenant for life, unless restrained by covenant or agreement, may of 

common right take upon the land demised to him reasonable estovers or 

bote's. Co. Litt. 41. 

    11.-2. The tenant for life, or his representatives, shall not be 

prejudiced by any sudden determination of his estate, because such 

determination is contingent or uncertain. Co. Litt. 55. 

    12.-3. Under tenants or lessees of an estate for life, have the same, 

and even greater indulgences than the lessors, the original tenants for 

life; for when the tenant for life shall not have the emblements, because 

the estate determines by his own act, the exception shall not reach his 

lessee, who is a third person. l Roll. Ab. 727 2 Bl. Com. 122. 

    13.-2d. Estates by the curtesy. An estate by the curtesy is an estate 

for life, created by act of law, which is defined as follows: When a man 

marries a woman, seised at any time during the coverture of an estate of 

inheritance, in severalty, in coparcenary, or in common, and has issue by 

her born alive, and which might by possibility inherit the same estate as 

heir to the wife, and the wife dies in the lifetime of the husband, he holds 

the lands during, his life by the curtesy of England, and it is immaterial 

whether the issue be living at the time of the seisin, or at the death of 

the wife, or whether it was born before or after the seisin. Litt. s. 35; 

Co. Litt. 29, b; 8 Co. 34. By Act of Assembly of Pennsylvania, the birth of 

issue is not necessary, in all cases where the issue, if any, would have 

inherited. 

    14. There are four requisites indispensably necessary to the existence 

of this estate: 1. Marriage. 2. Seisin of the wife, which must have been 

seisin in deed, and not merely seisin in law; it seems, however, that the 

rigid rules of the common law, have been relayed, in this respect, as to 

what is sometimes called waste or wild lands. 1 Pet. 505. 3. Issue. 4. Death 

of the wife. 

    15.-1. The marriage must be a lawful marriage; for a void marriage 

does not entitle the husband to the curtesy; as if a married man were to 

marry a second wife, the first being alive, he would not be entitled to the 

curtesy in such second wife's estate. But if the marriage had been merely 

voidable, he would be entitled, because no marriage, merely voidable, can be 

annulled after the death of the parties. Cruise, Dig. tit. 5, c. 1, s. 6. 

    16.-2. The seisin of the wife must, according to the English law, be a 

seisin in deed; but this strict rule has been somewhat qualified by 

circumstances in this country. Where the wife is owner of wild uncultivated 

land, not held adversely, she is considered as seised in fact, and the 

husband is entitled to his curtesy. 8 John. 262 8 Cranch, 249; 1 Pet. 503 1 

Munf. 162 1 Stow. 590. When the wife's state is in reversion or remainder, 

the husband is not, in general, entitled to the curtesy, unless the 

particular estate is elided during coverture. Perk. s. 457, 464; Co. Litt. 

20, a; 3 Dev. R. 270; 1 Sumn. 263; but see 3 Atk. 469; 7 Viner, Ab. 149, pl. 

11. The wife's seisin must have been such as to enable her to inherit. 5 

Cowen, 74. 

    17.-3. The issue of the marriage, to entitle the husband to the 

curtesy, must possess the following qualifications: 1. Be born alive. 2. In 

the lifetime of the mother. 3. Be capable of inheriting the estate. 

    18.-1st. The issue must be born alive. As to what will be considered 

life, see Birth; Death; Life. 

    19.-2d. The issue must be born in the lifetime of the mother; and if 

the child be born after the death of the mother, by the performance of the 

Caesarian operation, the husband will not be entitled to the curtesy; as 

there was no issue born at the instant of the wife's death, the estate vests 

immediately on the wife's death to the child, in ventre sa mere, and the 

estate being once vested, it cannot be taken from him. Co. Litt. 29, b.; 8 

Co. Rep., 35, a. It is immaterial whether the issue be born before or after 

the seisin of the wife. 8 Co. Rep. 35, b. 

    20.-3d. The issue must be capable of inheriting the estate; When, for 

example, lands are given to a woman and the heirs male of her body, and she 

has a daughter, this issue will not enable her husband to take his curtesy. 

Co. Litt. 29, a. 

    21.-4th. The death of the wife is requisite to make the estate by the 

curtesy complete. 

    22. This estate is generally prevalent in the United States; in some of 

them it has received a modification. In Pennsylvania the right of the 

husband takes place although there be no issue of the marriage, in all cases 

where the issue, if any, would have inherited. In Vermont, 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, died within age 

and without children in South Carolina, tenancy by the curtesy, eo nomine, 

has ceased by the provisions of an act passed in 1791, relative to the 

distribution of intestates estates, which gives to the husband surviving his 

wife, the same share of her real estate, as she would have taken out of his, 

if left a widow, and that is one moiety, or one-third of it in fee, 

according to circumstances. In Georgia, tenancy by the curtesy does not 

exist, because, since 1785, all marriages vest the real, equally with the 

personal estate, in the husband. 4 Kent, Com. 29. In Louisiana, where the 

common law has not been adopted in this respect, this estate is unknown. 

    23. This estate is not peculiar to the English law, as Littleton 

erroneously supposes; Litt. s. 35; for it is. to be found, with some 

modifications, in the ancient laws of Scotland, Ireland, Normandy and 

Germany. In France there were several customs, which gave a somewhat similar 

estate to the surviving husband, out of the wife's inheritances. Merlin, 

Repert. mots Linotte, et Quarte de Conjoint pauvre. 

    24.-3d. Estate in dower. Dower is an estate for life which the law 

gives the widow in the third part of the lands and tenements, or 

hereditaments of which the husband was solely seised, at any time during the 

coverture, of an estate in fee or in tail, in possession, and to which 

estate in the lands and tenements the issue, if any of such widow, might, by 

possibility, have inherited. In Pennsylvania, the sole seisin of the. 

husband is not necessary. Watk. Prin. Con. 38; Lit. Sec. 36; Act of Penna. 

March 31, 1812. 

    25. To create a title to the dower, three things are indispensably 

requisite: 1. Marriage. This must be a marriage not absolutely void, and 

existing at the death of the husband; a wife de facto, whose marriage is 

voidable by decree, as well as a wife de jure, is entitled to it; and the 

wife shall be endowed, though the marriage be within the age of consent, and 

the husband dies within that age. Co. Litt. 33, a; 7 Co. 42; Doct. & Stud. 

22; Cruise, Dig. t. 6, c. 2, s, 2, et seq. 

    26.-2. Seisin. The husband must have been seised, some time during the 

coverture, of the estate of which the wife is dowable. Co. Litt. 31, a. An 

actual seisin is not indispensable, a seisin in law is sufficient. As to the 

effect of a transitory seisin, see 4 Kent, Com. 38; 2 Bl. Com. 132; Co. 

Litt. 31, a. 

    27.-3. Death of the husband. This must be a natural death; though 

there are authorities which declare that a civil death shall have the same 

effect. Cruise, Dig. tit. 6, ch. 2, Sec. 22. Vide, generally, 8 Vin. Ab. 

210; Bac. Ab. Dower; Com. Dig. Dower; Id. App. tit. Dower; 1 Supp. to. Ves. 

jr. 173, 189; 2 Id. 49; 1 Vern. R. by Raithby, 218, n. 358, n.; 1 Salk. R. 

291; 2 Ves. jr. 572; 5 Ves. 130; Arch. Civ. Pl. 469; 2 Sell. Pr. 200; 4 

Kent, Com. 35; Amer. Dig. h.t.; Pothier, Traite du Douaire; 1 Swift's Dig. 

85; Perk. 300, et seq. 

    28.-4th. Estate tail after possibility of issue extinct. By this 

awkward, but perhaps necessary periphrasis, justified by Sir William 

Blackstone, 2 Com. 124, is meant the estate which is thus described by 

Littleton, Sec. 32 when tenements are given to a man and his wife in special 

tail, if one of them die without issue, the survivor is tenant in tail after 

possibility of issue extinct." 

    29. This estate though, strictly speaking, not more than an estate for 

life, partakes in some circumstances of the nature of an estate tail. For a 

tenant in tail after possibility of issue extinct, has eight qualities or 

privileges in common with a tenant in tail. 1. He is dispunishable for 

waste. 2. He is not compellable to attorn. 3. He shall not have aid of the 

person in reversion. 4. Upon his alienation no writ of entry in consimili 

casu lies. 5. After his death, no writ of intrusion lies. 6. He may join the 

mise in a writ of right in a special manner. 7. In a praecipe brought by him 

he shall not name himself tenant for life. 8. In a praecipe brought against 

him, he shall not be named barely tenant for life. 

    30. There are, however, four qualities annexed to this estate, which 

prove it to be, in fact, only an estate for life. 1. If this tenant makes a 

feoffment in fee, it is a forfeiture. 2. If an estate tail or in fee 

descends upon him, the estate tail after possibility of issue extinct is 

merged. 3. If he is impleaded and makes default, the person in reversion 

shall be received, as upon default of any other tenant for life. 4. An 

exchange between this tenant and a bare tenant for life, is good; for, with 

respect to duration, their. estates are equal. Cruise, Dig. tit. 4; Tho. Co. 

Litt. B. 2, c. 17; Co. Lit. 28, a. 

    31. Nothing but absolute impossibility of having issue, can give rise to 

this estate. Thus if a person gives lands to a man and his, wife, and to the 

heirs of their two bodies, and they live to a hundred years, without having 

issue, yet they are tenants in tail; for the law' sees no impossibility of 

their having issue, until the death of one of them. Co. Litt. 28, a. See 

Tenant in tail after possibility of issue extinct. 

    32.-2. An estate less than freehold is an estate which is not in fee, 

nor for life; for although a man has a lease for a thousand years, which is 

much longer than any life, yet it is not a freehold, but a mere estate for 

years, which is a chattel interest. Estates less than freehold are estates 

for years, estates at will, and estates at sufferance. 

    33.-1. An estate for years, is one which is created by a lease; for 

years, which is a contract for the possession and profits of land for a 

determinate period, with the recompense of rent; and it is deemed an estate 

for years, though the number of years should exceed the ordinary limits of 

human life; and it is deemed an estate for years though it be limited to 

less than a single year. It is denominated a term, because its duration is 

absolutely defined. 

    34. An estate for life is higher than an estate for years, though the 

latter should be for a thousand years. Co. Litt. 46, a; 2 Kent, Com. 278; 1 

Brown's Civ. Law, 191; 4 Kent, Com. 85; Cruise's Dig. tit. 8; 4 Rawle's R. 

126; 8 Serg. & Rawle, 459; 13 Id. 60; 10 Vin. Ab. 295, 318 to 325. 

    35.-3. An estate at will is not bounded by any definite limits with 

respect to time; but as it originated in mutual agreement, so it depends 

upon the concurrence of both parties. As it depends upon the will of both, 

the dissent of either may determine it. Such an estate or interest cannot, 

consequently, be the subject of conveyance to a stranger, or of transmission 

to representatives. Watk. Prin. Con. 1; Litt. Sec. 68. 

    36. Estates at will have become infrequent under the operation of 

judicial decisions. Where no certain term is agreed on, they are now 

construed to be tenancies from year to year, and each party is bound to give 

reasonable notice of an intention to terminate the estate. When the tenant 

holds over by consent given, either expressly or by implication, after the 

determination of a lease for years, it is held evidence of a new contract, 

without any definite period, and is construed. to. be a tenancy from year to 

year. 4 Kent, Com. 210; Cruise, Dig. tit. 9, c. 1. 

    37.-3. An estate at sufferance. The session of land by lawful title, but 

holds over by wrong after the determination of his interest. Co. Litt. 57, 

b. He has a bare naked possession, but no estate which he can transfer or 

transmit, or which is capable of enlargement by. release, for he stands in 

no privity to his landlord. 

    38. There is a material distinction between the case of a person coming 

to an estate by act of the party, and afterwards holding over, and by act of 

the law and then holding over. In the first case, he is regarded as a tenant 

at sufferance; and in the other, as an intruder, abator, and trespasser. Co. 

Litt. 57, b; 2 Inst. 134 Cruise, Dig. t. 9, c. 2 4 Kent, Com. 115 13 Serg. & 

Rawle, 60 8 Serg. & Rawle, 459; 4 Rawle, 459; 4 Rawle's R. 126. 

    39.-II. As to the time of their enjoyment, estates are considered 

either in possession, (q.v.) or expectancy. (q.v.) The latter are either 

remainders, (q.v.) which are created, by the act of the parties, and these 

are vested or contingent, or reversions, (q, v.) created by act of law. 

    40.-III. An estate way be holden in a variety of ways the most common 

of which are, 1. In severalty. 2. In joint tenancy. 3. In common. 4. In 

coparcenary. These will be separately considered. 

    41.-1. An estate in severally, is where only one tenant holds the 

estate in his own right, without any other person being joined or connected 

with him, in point-of interest, during the continuance of his estate. 

    42.-2. An estate in joint tenancy, is where lands or tenements are 

granted to two or more persons, to hold in fee simple, fee tail, for life, 

for years, or at will. 2 Bl. Com. 179. Joint tenants always take by 

purchase, and necessarily have equal shares; while tenants in common, also 

coparceners, claiming under ancestors in different degrees, may have unequal 

shares and the proper and best mode of creating an estate in joint tenancy, 

is to limit to A B and C D, and their assigns, if it be an estate for life; 

or to A B and C D, and their heirs, if in) fee. Watk. Prin. Con. 86. 

    43. The creation of the estate depends upon the expression in the deed 

or devise, by which the tenants hold, for it must be created by the acts of 

the parties, and does not result from the operation of law. Thus, an estate 

given to a number of persons, without any restriction or explanation, will 

be construed a joint tenancy; for every part of the grant can take effect 

only, by considering the estate equal in all, and the union of their names 

gives them a name in every respect. 

    44. The properties of this estate arise from its unities; these are, 1. 

Unity of title; the estate must have been created and derived from one and 

the same conveyance. 2. There must be a unity of time; the estate must be 

created and vested at the same period. 3. There must be a unity of interest; 

the estate must be for the same duration, and for the same quantity of 

interest. 4. There must be a unity of possession; all the tenants must 

possess and enjoy at the same time, for each must have an entire possession 

of every parcel, as of the whole. One has not possession of one-half, and 

another of the other half, but each has an undivided moiety of the whole, 

and not the whole of an undivided moiety. 

    45. The distinguishing incident of this estate, is the right of 

survivorship, or jus accrescendi; at common law, the entire tenancy or 

estate, upon the death of any of the joint tenants, went to the survivors, 

and so on to the last survivor, who took an estate of inheritance. The right 

of survivorship, except, perhaps, in estates held in trust, is abolished in 

Pennsylvania, New York, Virginia, Kentucky, Indiana, Missouri, Tennessee, 

North and South Carolina, Georgia, and Alabama. Griffith's Register, h.t. 

In Connecticut it never was recognized. 1 Root, Rep. 48; 1 Swift's Digest, 

102. Joint tenancy may be destroyed by destroying any of its constituent 

unities, except that of time. 4 Kent, Com. 359. Vide Cruise, Dig. tit. 18; 1 

Swift's Dig. 102; 14 Vin. Ab. 470; Bac. Ab. Joint Tenants, &c.; 3 Saund. 

319, n. 4; 1 Vern. 353,; Com. Dig. Estates 

by Grant, K 1; 4 Kent, Com. 353; 2 Bl. Com. 181; 1 Litt. see. 304

2 Woodd. Lect. 127; 2 Preston on Abst. 67; 5 Binn. Rep. 18; Joint

tenant; Survivor; Entirety.

    46.-3. An estate in common, is one which is held by two or more 

persons by unity of possession. 

    47. They may acquire their estate by purchase, and hold by several and 

distinct titles, or by title derived at the same time, by the same deed or 

will; or by descent. In this respect the American law differs from the 

English common law. 

    48. This tenancy, according to the common law, is created by deed or 

will, or by change of title from joint tenancy or coparcenary; or it arises, 

in many cases, by construction of law. Litt. sec. 292, 294, 298, 302; 2 Bl. 

Com. 192; 2 Prest. on Abstr. 75. 

    49. In this country it maybe created by descent, as well as by deed or 

will. 4 Kent, Com. 363. Vide Cruise, Dig. tit. 20 Com. Dig. Estates by 

Grant, K 8. 

    50. Estates in common can be dissolved in two ways only; first, by 

uniting all the titles and interests in one tenant secondly, by making 

partition. 

    51.-4. An estate in coparcenary, is an estate of inheritance in lands 

which descend from the ancestor to two or more persons who are called 

coparceners or parceners. 

    52. This is usually applied, in England, to cases where lands descend to 

females, when there are no male heirs. 

    53. As in the several states, estates generally descend to all the 

children equally, there is no substantial difference between coparceners and 

tenants in common. The title inherited by more persons than one, is, in some 

of the states, expressly declared to be a tenancy in common, as in New York 

and New Jersey, and where it is not so declared the effect is the same; the 

technical distinction between coparcenary and estates in common may be 

considered as essentially extinguished in the United States. 4 Kent, Com. 

363. Vide Estates. 

    54.-IV. An estate upon condition is one which has a qualification 

annexed to it by which it may, upon the happening or not happening of a 

particular event, be created, or enlarged, or destroyed. Conditions may be 

annexed to estates in fee, for life, or for years. These estates are divided 

into estates upon condition express, or in deed; and upon conditions 

implied, or in law. 

    55. Estates upon express conditions are particularly mentioned 'in the 

contract between the parties., Litt. s. 225; 4 Kent, Com. 117; Cruise, Dig. 

tit. 13. 

    56. Estates upon condition in law are such as have a condition impliedly 

annexed to them, without any condition being specified in the deed or will. 

Litt. s. 378, 380; Co. Litt. 215, b; 233, b; 234, b. 

    57. Considered as to the title which may be had in them, estates are 

legal and equitable. 1. A legal estate is one, the right to which can be 

enforced in a court of law. 2. An equitable, is a right or interest in land, 

which not having the properties of a legal estate, but being merely a right 

of which courts of equity will take notice, require the aid of such a court 

to, make it available. See, generally, Bouv. Inst. Index, h.t. 



ESTER EN JUGEMENT, French law. Stare in judicio. To appear before a tribunal 

either as plaintiff or defendant. 



ESTIMATION OF VALUES. As the value of most things is variable, according to 

circumstances, the law in many cases determines the time at which the value 

of a thing should be taken; thus, the value of an advancement, is to be 

taken at the time of the gift. 1 Serg. & R. 425. Of a gift in frank-

marriage, at the time of partition between the parceners, and the bringing 

of the gift in frank-marriage into hotchpot. But this is a case sui generis. 

Co. Lit. Sec. 273; 1 Serg. & R. 426. Of the yearly value of properties; at 

the time of partition. Tho. Co. Lit. 820. Of a bequest of so pieces of coin; 

at the time of the will made. Godolph, 0. L. 273, part 3, chap. 1. Sec. 3. 

Of assets to make lineal warranty a bar; at the time of the descent. Co. 

Lit. 374, b. Of lands warranted; at the time of the warranty. Beames' Glanv. 

75 n.; 2 Serg. & Rawle, 444, see Eviction 2. Of a ship lost at sea; her 

value is to be taken at the port from which she sailed, deducting one-fifth; 

2 Serg. & Rawle, 258; 1 Caines, 572; 2 Condy. Marshall, 545; but different 

rules prevail on this subject in different nations. 2 Serg. & R. 259. Of 

goods lost at sea; their value is to be taken at the port of delivery. 2 

Serg. & R. 257. The comparative value of a life estate, and the remainder in 

fee, is one-third for the life and two-thirds for the remainder in fee; and 

moneys due upon a mortgage of lands devised to one for life, and the 

remainder in fee to another, are to be apportioned by the same rule. 1 Vern. 

70; 1 Chit. Cas. 223, 224, 271; Francis' Max. 3, Sec. 12, and note. See 

Exchange, 3-2. 



ESTOPPEL, pleading. An estoppel is a preclusion, in law, which prevents a 

man from alleging or denying a fact, in consequence o his own previous act, 

allegation or denial of a contrary tenor. Steph. Pl. 239. Lord Coke says, 

"an estoppel is, when a man is concluded by his own act or acceptance, to 

say the truth." Co. Litt. 352, a. And Blackstone defines "an estoppel to be 

a special plea in bar, which happens where a man has done some act, or 

executed some deed, which estops or precludes him from averring any thing to 

the contrary. 3 Cora. 308. Estoppels are odious in law; 1 Serg. & R. 444; 

they are not admitted in equity against the truth. Id. 442. Nor can jurors 

be estopped from saying the truth, because they are sworn to do so, although 

they are estopped from finding against the admission of the parties in their 

pleadings. 2 Rep. 4; Salk. 276; B. N. P. 298; 2 Barn. & Ald. 662; Angel on 

Water Courses, 228-9. See Co. Litt. 352, a, b, 351, a. notes. 

     2. An estoppel may, arise either from matter of record; from the deed 

of the party; or from matter in Pays; that is, matter of fact. 

     3. Thus, any confession or admission made in pleading, in a court of 

record, whether it be express, or implied from pleading over without a 

traverse, will forever preclude the party from afterwards contesting the 

same fact in any subsequent suit with his adversary. Com. Dig. Estoppel, A 

1. This is an estoppel by matter of record. 

     4. As an instance of an estoppel by deed, may be mentioned the case of 

a bond reciting a certain fact. The party executing that bond, will be 

precluded from afterwards denying in any action brought upon that 

instrument, the fact, so recited. 5 Barn. & Ald. 682. 

     5. An example of an estoppel by matter in pays occurs when one man has 

accepted rent of another. He will be estopped from afterwards. denying, in 

any action, with that person, that he was, at the time of such acceptance, 

his tenant. Com. Dig. Estoppel, A 3 Co. Litt. 352, a. 

     6. This doctrine of law gives rise to a kind of pleading that is 

neither by way of traverse, nor confession. and avoidance: viz. a pleading, 

that, waiving any question of fact, relies merely on the estoppel, and, 

after stating the previous act, allegation, or denial, of the opposite 

party, prays judgment, if he shall be received or admitted to aver contrary 

to what he before did or said. This pleading is called pleading by way of 

estoppel. Steph. 240a 

     7. Every estoppel ought to be reciprocal, that is, to bind both 

parties: and this is the reason that regularly a stranger shall neither take 

advantage or be bound by an estoppel. It should be directly affirmative, and 

not by inference nor against an estoppel. Co. Lit. 352, a, b; 1 R. 442-3; 9 

Serg. & R. 371, 430; 4 Yeates' 38 1 Serg. & R. 444; Corn. Dig. Estoppel, C 3 

Johns. Cas. 101; 2 Johns. R. 382; 8 W. & S. 135; 2 Murph. 67; 4 Mont. 370. 

Privies in blood, privies in estate, and privies in law, are bound by, and 

may take advantage of estoppels. Co. Litt. 352; 2 Serg. & Rawle, 509; 6 Day, 

R. 88. See the following cases relating to estoppels by; Matter of record: 4 

Mass. R. 625; 10 Mass. R. 155; Munf. R. 466; 3 East, R. 354; 2 Barn. & Ald. 

362, 971; 17 Mass. R. 365; Gilm. R. 235; 5 Esp. R. 58; 1 Show. 47; 3 East, 

R. 346. Matter of writing: 12 Johns. R. 347; 5 Mass. R. 395; Id. 286; 6 

Mass. R. 421; 3 John. Cas. 174; 5 John. R. 489; 2 Caines' R. 320; 3 Johns. 

R. 331; 14 Johns. R. 193; Id. 224; 17 Johns. R. 161; Willes, R. 9, 25; 6 

Binn. R. 59; 1 Call, R. 429; 6 Munf. R. 120; 1 Esp. R. 89; Id. 159; Id. 217; 

1 Mass. R. 219. Matter in pays: 4 Mass. R. 181; Id. 273 15 Mass. R. 18; 2 

Bl. R. 1259; 1 T. R. 760, n.; 3 T. R. 14; 6 T. R. 62; 4 Munf. 124; 6 Esp. R. 

20; 2 Ves. 236; 2 Camp. R. 844; 1 Stark. R. 192. And see, in general, 10 

Vin. Abr. 420, tit. Estoppel; Bac. Abr. Pleas, 111; Com. Dig. Estoppel; Id. 

Pleader, S 5; Arch. Civ. Pl. 218; Doct. Pl. 255; Stark. Ev. pt. 2, p. 206, 

302; pt. 4, p. 30; 2 Smith's Lead. Cas. 417-460. Vide Term. 



ESTOVERS, estates. The right of taking necessary wood for the use or 

furniture of a house or farm, from off another's estate. The word bote is 

used synonymously with the word estovers. 2 Bl. Com. 35; Dane's Ab. Index, 

h.t.; Woodf. L. & T. 232; 10 Wend. 639; 2 Bouv. Inst. n. 1652 57. 



ESTRAYS. Cattle whose owner is unknown. 

     2. In the United States, generally, it is presumed by local 

regulations, they are subject to, being sold for the benefit of the poor, of 

some other public use, of the place where found. 



ESTREAT. This term is used to signify a true copy or note of some original 

writing or record, and specially of flues and amercements imposed by a 

court, and extracted from the record, and certified to a proper officer or 

officers authorized and required to collect them. Vide F. N. B. 57, 76. 



ESTREPE. This word is derived from the French, estropier, to cripple. It 

signifies an injury to lands, to the damage of another, as a reversioner. 

This is prevented by a writ of estrepement. 



ESTREPEMENT. The name of a writ which lay at common law to prevent a party 

in possession from committing waste on an estate, the title to which is 

disputed, after judgment obtained in any real action, and before possession 

was delivered by the sheriff. 

     2. But as waste might be committed in some cases, pending the suit, the 

statute of Gloucester gave another writ of estrepement pendente placito, 

commanding the sheriff firmly to inhibit the tenant "ne faciat vastum vel 

strepementum pendente placito dicto indiscusso." By virtue of either of 

these writs, the sheriff may resist those who commit waste or offer to do 

so; and he may use sufficient force for the purpose. 3 Bl. Com. 225, 226. 

     3. This writ is sometimes directed to the sheriff and the party in 

possession of the lands, in order to make him amenable to the court as for a 

contempt in case of his disobedience to the injunction of the writ. At 

common law the process proper to bring the tenant into court is a venire 

facias, and thereon an attachment. Upon the defendant's coming in, the 

plaintiff declares against him. The defendant usually pleads "that he has 

done no waste contrary to the prohibition of the writ." The issue on this 

plea is tried by a jury, and in case they find against the defendant, they 

assess damages which the plaintiff recovers. But as this verdict convicts 

the defendant of a contempt, the court proceed against him for that cause as 

in other cases. 2 Co. Inst. 329; Rast. Ent. 317; Brev. Judic. 88; More's 

Rep. 100; 1 Bos. & Pull. 121; 2 Lilly's Reg. tit. Estrepement; 5 Rep. 119; 

Reg. Brev. 76, 77. 

     4. In Pennsylvania, by legislative enactment, the remedy by estrepement 

is extended for the benefit of any owner of lands leased for years or at 

will, at any time during the continuance or after the expiration of such 

demise, and due notice given to the tenant to leave the same, agreeably to 

law, or for any purchaser at