Page:Black's Law Dictionary (Second Edition).djvu/434

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ENHAN CED 4

ENHANCED. This word. taken in an unqualified sense. is synonymous with "icnreased." and coniprelienils any increase of value, however caused or arising. Thorn- burn v. Dost-her (G. G.) 32 Fed. 812.

ENHERITANCE. L. Fr. Inherltsnce.

ENITIA PARS. The, share of the eldest. A term of the English law descriptive of the lot or same chosen by the eldest of copar- ceners “hen they make a voiuntary partition. The fiist choice (primer (.‘lc‘CtiDll) he- longs to the eiilest. Co Litt. lots.

Enitia. pars seniper prnaferenila ext propter privilegiuni natatis. C0. Lilt. 106. The part of the elder sister is always to be preferred on account of the priillege of age.

ENJOIN. To require; command; positively direct. To require a person, by writ of injunction from a cuuit or equity, to perform, or to abstain or desist from, some act. Clifford v. Steirart, 95 Me. 38, 49 Ati. 52; Uiwrence v. Cuuize, 32 Hun, 126.

ENJOYMENT. The exercise of a right: the possession and fruition of a right, privilege, or incurporezil hcreditament. —Ailvex-se enjoyment. The possession or exercise of an easement, under a clsim of right against the uviner of the iaiid out of “hich such easement is derived. 2 Wiislib. lteal Prop. 42‘. Cox v. Forrest, (:0 MG. 79 —En.ioy)nent, quiet, covenant for. See COVENANI.

ENLARGE. To make larger; to icnrease; to extend 11 time iinilt; to grant further time. Also to set at iiherty one who has been imprisoned or in custody.

ENLARGER I.'l-ESTATE. A species of release “DIED uiures by way of enl.irgi.ng an estate, and consists of a conveyance of the ulterior interest to the particular tenant; as if there be tenant for life or years. reniatudcr to another in fee, and he in reni.ii.uder re- leases all his right to the particular tenant and his heirs. this glves him the estate in [ee. 1 Steph. Comm. 518.

ENLARGING. Extending, or making more coniprelieusive; as an enlarging statute, which is a remedial statute eniarging or extfllfllug the common law. 1 Bl. Comm. S6, 87.

ENLISTMENT. The act of one who voi- untnrily enters the military or naval service of the government, contracting to serve in a suhordinate capacity. Morrissey v. Perry. 137 U. S. 157, 11 Sup. Ct. 57. 34 L. Ed. 644; Babbitt v. D. S.. 16 Ct. Cl. 213; Erlchson v. Beach. 40 Conn. 286.

The words “enlist" and "enlistment," in law. as in common usage, may smnify either the compiete fact of entering into the military service, or the first step taken by the recruit to-

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6 ' ENROLLMENT OF VESSELB wards that end. “When used la the former sense, as in statutes conferring a right to compel [he military service of enlisted men, the enlistment is not deemed completed until the man has been mustered into the service. Tyler v. I‘oi.nero_v. 8 Allen (Mass) 480.

Enlistment does not ILLLIIJIIE the entry of a person into the miiitziry service under a com- mission as an A-lhcer. Hilliard v. Stennris town. 48 N. H. IEO.

Eniisted applies to H. drafted man as weli as ii _voliinteer, whose name is duiy entetrd on the military rolls. Shetlield v. Otis. 107 Mass. 28'}.

ENOBMIA. In old practice and pleadlng. Unlawful or wrongful acts; ivrongs. lit alio enorma'a, and other wrongs. This phrase --nnst-intly occurs in the old writs and deuarations of trespass.

ENORMOUS. Aggravated. "So enormnus a trespass." Vaughan. 115. Writteii "cnormious." in some of the old books. 1i‘iwr- willms is where a thing is made without Ii rule or against law. Broivni. pt. 2, p. 19.

EN PLEET. Con ell.

r:NQUi‘:'rr:, or ENQUEST. Iu anon law. An examination of viitneases. taken down in wri mg, by or before an antliurized judge, for the purpose of gathering testimony to he used on a trial.

Anciently used for luiplead

nNR}‘:G1s'rnnM1:N'r. In French law. Registration. A formality which consists in inscrihing on a register, specially kept for the purpose by the govei‘in.nent, a suniuiary lllll1l- ysis of certain deeds and documents. .\I. the same time that such analysis is Lnsuihed upon the register, the cierk plates upon the dead a memorandum indicating the date upon which it was registered, ann at the side of such memoranilum au impression is Ll.li.lllE with a stamp. Arg. Fr. Mere. Law. 558.

ENBOLL. To register. to malze a rec-

ord : to'enter on the rolls of :1 court; to tr.\nscribe. Ream v. C0i.I]., 3 Serg. at It. (l'a.l 209. —EnrnlleiI bill. In legislative practice. it bill which has been duly introduced. finally p-issad h both houses. signed by the proper officcrs og each, a proved by the governor (or pi‘cs'l- deni.) and led by the setretziry of stale. Hedg- wick County Com'rs v. Bailey, 13 Kim. (SOS.

ENROLLMENT. In English law. The registering or entering on the rails of chacnel y, king's bench. common pleas, or excliei1- ner, or by the clerl: 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.

ENRDLLIVIENT 0}‘ VESSELS. In the laws of the United States on the subject of merchant shipping, the recording and certi- fication of vessels employed in cuastwise or inland navigation; as distinguished from the “rcgistrntion" of vessels employed in foreign commerce U. S. v. Iieetzel. 3 Wall.

18 L. Ed. 67.