Page:Black's Law Dictionary (Second Edition).djvu/431

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

EN JUICIO 423 ENCROACH EN JUICIO. Span. Judiciaily: in :1 identify it as an act of legislation proceeding from the proper legislative authority. V 'ous

court of law; 'n a suit at law. White, New

Itei-lip. h. 2. tit. 8. c. I.

EN MASSE. at wholesale.

Fr. In a mass; in a lump:

EN MORT MEYNE. L. Fr. In a dead

hand; in mortinain. Britt. C. 43.

EN OWEL MAIN. L. Fr. In equal hand. The word "owe!" occurs also in the phrase "cu-elty of partition."

EN RECOUVREMENT. Fr. In French law. An expression employed to denote that an indorscment made in favor of a person does not transfer to him the property in the bill of exchange, but merely constitutes an authority to such person to recover the amount of the bili. Arg. Fr. Merc. Law, 55$

EN ROUTE. Fr. On the way: in the course or a my age or Journey; in course of transportation. McLean v. U. S., 17 Ct. Ci. 90.

EN VENTRE SA MERE. L. Fr. In its mother's womb. A term descriptive of an unborn chiid_ For some purposes the law regards an infant en tentre as in being. It may take a legacy: hare a guardian; an es-

tate may he limited to its use, etc. 1 BL Comm. 130.

EN VIE. L. Fr. In life; alive. Britt. c. 50.

ENABLING POWER. When the donor of a pon er, who is the owner of the estate. confers upon persons not selned of the fee the right of creating interests to take effect out of it, which could not be done by the donce of the power unless by such authority. this is called an “enabling power." 2 Bouv. Inst. no. 1928.

ENABLING STATUTE. The act of 32 llnury VIII. c. 28, by which tenants in tail, husbands seised in right of their wives. .uui others were empowered to make leases for their lives or for twenty-one years, which they could not do before. 2 Bl. Comm. 319; C0. Litt. 4-40.. The phrase is also applied to any statute enabling persons or corporations to do what before they could not.

ENACH. In Saxon law. The satisfaction for a crime; the recompense for a fauit Skene.

ENACT. To establish by law: to perform or effect; to decree. The usual intro- ductory formula in making laws is, "Be it enacicrl." In re Senate File. 25 Neb. SM, 41 N. ‘V. 981.

—Ena.cting clause. That part of a statute which declares its enactment and serves to

formulas are used for this clause. such as it cnucted by the people of the state of Illinois represented in general assembly." “Be it cu- a_cte<l by the senate and house of representatives of the United States of America in con- gress assembled ' "The general assembly do enact." etc. ‘ nte v. Putuison, 98 N, . ‘ '0. 4 $4 E. ' ce v Vittuin. 193 Ill. [92, 61 Territory v. Burns, 6 Mont. 72.

ENAJENACION. In Spanish and Mex- icnn law. Alienation; transfer of property. The act by which the pro12ert;y in a thing, by lucrative title, is transferred, as a donation: or by onerous title, as by sale or barter. In a more extended sense, the term comprises also the contracts of enipliytensis. pledge, and mortgage, nud even the creation of a ser\itude upon an estate. Escriche, Muiford v. Le Franc, 26 Cal. 88.

ENBREVER. L. Fr. To write down in short; to ablmctiate, or, in old iangnnge, z'mbrci:m!o; to put into a schedule. Britt. C. 1

ENCAUSTUM. In the civil law. A kind of inl: or nriting fluid apprnfiliate to the use of the emperor. Cod. 1, 23, G.

ENCEINTE. Pregnant. See Pnaozuncr. ENCHESON. The occasion,

reason for which anything is done. de la Ley.

cause, or Tcrmes

ENCLOSE. In the Scotch lnn‘. To shut up :1 jury nfter the case has been snluniiied to them. 2 Alia. Grim. Pr. 634. See IscLosn.

ENCLOSURE. See Irvcmosuna.

ENCOMIENDA. In Spanish law. A grant from the crown to a pri\ rite persnn of a certain portion of territory in the Sp.-misli colonies, together nith the concession of a certain number of the native Inhabitants, on the feudal principle of commendnliun. 2 W0ois. Pol. Science, 161. 162. Also a royal grant of privileges to the military orders of Spain.

ENCOURAGE.}} In criminal law. To instigate; to inute to action: to give cour- age to; to Lnspirit; to embolden: to raise confidence; to make confident. Comitez v. Parkcrson (C. C.) 50 Fed. 170: True v. Com.. 90 Ky. 651, 14 S. W. 684; Johnson v. State. 4 Sneed (Tenn) 621.

ENCROACH. To gain unlawfully upon the lands. property, or authority of another; as if one man presses upon the grounds of another too far, or if a tenant owe two shillings rent-service, and the lord exact three. So, too, the Spencers were said to