Page:Black's Law Dictionary (Second Edition).djvu/432

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ENCROACH encroach the king's uuthorlty. Blount; Plant}. 940..

In the law of easements. Where the owner of an easement alters the dominant tenement, so as to impose an additional restriction or burden on the servlent tenement, he is said to commit an encroachment. Sweet.

ENCROACHMENT. An encroachment upon a sh eat or highway is a fixture, such as a wall or fence, which intrudes into or invades the highway or incloses a portion of it, dimlnislung its width or area, but without closing it to public travel. State v. Kt-'.li.l, 69 N. H. 122. 45 At]. 256, 48 L. R. A. 102- State v. Pomeroy, '73 Wis. 664. a N. W '- Barton v. Campbell. 54 Ohio St 42 N. E. 598: Grand Rapids v. Hughes, State v. Lea\er, 62 Wis. 387,

14%. 1:. l\iich. 22 N. W .,.o.

ENCUMB ER. See lnoorrnsu.

ENCITMERANCE. See Incmunusnom. END. Object; intent.

strued according to the end. 1). 1, c. 3, no 10.

Things are con- Finch, Law.

END LINES. In mining law, the end lines of a claim, as plotted or laid down on the ground, are those which murl: its bound- aries on the shorter dimension, where it crosses the vein, while the "side lines" are those which mark its longer dimension, where it follows the course of the vciu. But vuth reference to extra-lateral rights, if the claim as a whole crosses the vein. instead of following its course, the end lines “"1" hecnme side lines and vice versn. Consolidated Wyoxning Gold l\iin. Ca. v. C’h.nmpion Min. Co. (C. C.) 63 Fed. 549: Del Monte Min. & Mill. Co. v. Last Chance Min. Co., 171 U. S. 55, 18 Sup. Ct. 895. 43 L. Ed. 72.

ENDENZLE, or ENDENIZEN. free; to entranchise.

TO Ll.lafll.{6

ENDOCARDITIS. In medical jurispru- dence. An inflammation of the muscular tissue of the heart.

ENDORSE. See Innoasrz.

ENDOWED SCHOOLS. In England, certznn schools having endowments are distlnciively lsnonn as “endowed schools ;" and a series of acts of parliament regulating them are known as the “endowed schools acts." Moziev & Whitley.

ENDOWMENT. 1. The assignment of (lower; the setting off a woman's dower. 2 Bl. Comm. 135.

2. In appropriations of churches, (in English law,) the setting ed a sufficient maintenance for the vicar in perpetuity. 1 Bl. Comm. 387.

424

ENFITEUSIS

3. The act of settling a fund, or perma- nent pecuniary provision, for the mainte- nance of a puhlic institution, charity, college. etc.

4. A fund settled upon a pnhllc institution. etc., for its maintenance or use.

The words “endowment” and “funrl," in a statute exempting from taxation the real estate. the furniture and personal property, and th "endowment or fund" of religious and alum- tional corporations, are eiurdem gcncris, and Intended to comprehend a class of proyqty diflcrent from the other two, not real esifi or chattels. The difference hctuocn Line IN is that “fund" is a geuenl tcna. incluilnl the endowment, while "entlowmcnt" m that particular fund, or part of the fund, of the institution, bestowed for its more perma- nont uses, and usually kept sh!-rod for the purposes intemlcd The word "ourlowmnni" dry not, in such an enactment, include real estate. See First Iioformed Dutch (‘hurt-1. \. Lyon. I! N J Lo 0; Am)§‘nl of Wagner lnsiitull.

11 Atl. -102: 17‘loyd v. iinnluu,

Uni. ]'..| -4 Par: 936: Liggett v. I.ndrl. 17 Or. 80, 21 Pac. 1.53.

—Endowment policy. In life insurance. A policy which is pauablo when the ' en es :1 given up», or upon his door:-1 f that or- curs earlier. (‘arr v. flanuilrou, 12!) U. S. ‘.355. 9 Sup. Ct. "" L. Ed. 669: State v. Orrnr. 144 Mo 1'57, T. W. 1031

LO

ENEMY, in puhlic law. signifies eiihor the nation which is at war with another. or a citizen or suhject of such nation.

—A1ien enemy. An uiicn, that is, a ciflmu or subject of a foreign state or power. res-dine within a given country, is called an "alien uni" if the country where hc_» liycs is at peace with

jcct; but if a state of war exi two countrics. he is called an _ and in. that character is denied access to the courts or aid from any of the dcpartments of gn\ornment—Enemy’s property. In international law, and particularly in the usage of prize courts. this term designates any properly nhich is engaged or used in illegal iniermmge with the puhlnc enemy. nhether beiougiu: to an ally or 11 citizen, as the illegal traffic stamps it with the hostile character and attaches to it all the penal l'.‘0l:|SE'(]llPi')CCS. The Benito Es- ‘ 176 U. S. 20 Sup. Ct. 489. 44 L. -: The Sally, S Crunch, 382, 3 L. Ed. Prize Cast-s, 2 Black. GT4. 1’? L. E1]. 4:19. — ublio enemy. A nation at war vnth the United States; niso everv citizen or suhj:~t of such nut: n. ' ' m ‘ p‘i‘l\'i'llE dcpredotors, v. Moore, 74 R10. 417. it Am. Rep is v. Ludwir-lx. 6 Cold. ('l‘enn.l 3 8 Am. R s ell v. Fngzau, 7 Ho st. (Dot) 389, . lllissnnri Pac. Ry. Co. v. Nevill, 00 Ark. 31:1. 30 S. W. 425. 23 L. R. A. 80, 46 Am. St. Rep. W

o n 5 F.

ENPEOPF. To invest with an estate by teoiiment. To make a gift of any Cu1'1I0|‘«:|l heredltaments to another. See Fnorrnmwr.

ENFEOPFMENT. The act of investing with any dignity or possession; also the instrument or deed by which a person is in- vested with possessions.

ENPITEUSIS. In Spanish law. Emphy- teusls. (q. 1;.) See Mulford v. Le Franc, 26

Cal. 103.