Page:Black's Law Dictionary (Second Edition).djvu/435

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


ENS LEGIS. L. Lat. A creature of the law; an artificial being, as contrasted with a natural person. Applied to Corporations, Considered as (leilvlng their existence entire- ly from the law.

ENSCHEDULE. To insert in a list, account, or writing.

ENSEAL. To seal. Enscnling is still used as a formal word in conveyancing.

ENS)-IRVER. L. Fr. To make subject to a service or servitude. Britt. c. 54.

ENTAIL, 1;. To settle or limit the succession to real property; to create an estate tall.

ENTAIL, n. A fee abridged or limited to the issue, or certain classes of issue, instead or descending to all the heirs. 1 Washb. Real Prop. 66; Cowell; 2 Bl. Comm. 112, note.

Email, in legal treatises, is used to signify an estate tail. especially with reference to the restraint which such an estate imposes upon its owner, or, in other words, the points where- in such an estate diffcis from an estate in foe-simple. And this is often its popular sense; but sometimes it is, in. popular language. used dillerently. so as to signify a succession of life- estates, as wben it is said that “an entail ends with A.," meaning that A. is the first person uho is entitled to bar or cut off the entail. bein: in law the tlrst tenant in tail. Mtnley & “'hlllcy.

—Bre2k in bar an entail. To free an estale from the limitations imposed by an en- lall and permit its free dis-position, anciently by means of a fine or common recovery. hut now by deed in which the tenant and next heir join.—Qnnsl entail. An estate pur uutre vis may be gisntcd. not only to a man and his hcirs, but to a man and the heirs of his body. which is termed a “quasi entail ;" the interest so granted not being) properly an estate-tail. (for the slatute De onia applies only where the subject of the entail is an estate of inherit- ance.) but yet so far in the nature of an estate- !-ill lbat it will go to the heir of the hudv as special occupant during the life of the cestizi qmv vie, in the same msnner as an estate of lulu=i-itunce would descend, it limited to the grantee and the heirs of his body. Wliarton.

ENTAILED. Settled or limited to speci- fierl heirs, or in tall. —Entailed money. Money directed to be in- iestcil in realty to be entailed. 3 S: 4 Wm. IV. c 74. §§ 70. T1. 72. ENTENCION. In old English law. The pialntift"s count or declaration.

ENTENDMENT. The old farm of intend- mcnt. (q. 1:.) derived directly from the French, and used to denote the true meaning or signification of a Word or sentence; that is, the understanding or construction of Law. Cowell.

ENTER. In the law of real property. To go upon land for the purpose of taking possession of it. In strict usage, the entering is preliminary to the taking possession



but In common parlance the entry is now merged in the taking possession. See ENTRY.

In practice. To place anything before a court, or upon or among the records. in a fOllI|Jl and regular manner, and usually in writing; as to “enter an appearsiice.‘ to “enter a judgment." In this sense the word is nearly equivalent to setting down formzilly in writing, in either a full or ahridgcrl form.

—Entez-ing judgments. The formal entry of _lhe judgment on the rolls of the court, which is uecess'ir_v before bringing an appeal or an action on the judgment. Blatchford \. i\'ewbcri'_v, 100 Ill_ 491; Winslssd v. Evans (T -x. (.‘-iv. App.) 33 S. W. 580: Coe v. Erb. -39 0 St. 25.‘). 52 N. E. 640. (39 Am. St. Rep. lb-l.—E_Jntering short. When bills not due are paid into a hank by a customer. it is the custom of some bankers not to carry the amount of the bills directly to his credit, but to "enter them short, as it is called, E. .. to note down the receipt of the hills, their amounts, and the times when they bee-ume due

in a previous column of the page, and the amounts when received are carried toruarcl in-

to the usual cash column. Sometimes. instead

of eiiterln: such bills short. baiiliers cridit the customer directly with the amount of the hills as cash. charging interest on any advances they may make on their account, and allow him at once to draw upon them to tluat smnuut.

If the banker becomes bankrupt, the property in bills entered shnrt does not pass to his assignees, but [he customer is entitled to them F it they remain in his hands, or to their proceeds, if received. subject tn any lien the l)s.uli- er may have upon them. “"harlon.

ENTERCEUR. L. Fr. A party challenglng' (clainilng) goods: he who has plat-eLiG them in the hands of a third person. Kel- ham.

ENTERTAINMENT. This Word is synonymous with "board." and includes the ordinary necessaries of life. Sic l~‘(.-itter- H good v. Waterman. 2 Miles (Pa.) 323: iiisar v. Johnson, 125 Cal. 549, 58 Pac. 161; in re Breslln, 45 Hnn, 213.

ENTICE. To solicit, persnnne, or pro- I C\li'E‘_ Nash v. Douglass, 12 Aiih. Pi-ac. N. S. (N. Y.) 190: People v. Carrier. 41'. llich. 442. 9 N. W. 487: Gould v. State, 71 Nab. 651. 99 N. W. 543.

ENTIRE. Whole; without division, sep- 1 arntion, or diminution.

—Entire contract. See CON'rizAcT.—'.l-lntira day. This phrise sigiiifics nn untlivulv.-(l ilay. not parts of two (lays. An entire (lay must have a leg.-11. fixed. prccisc time to begin, anti :1. fixed. precise time to end. A day. in cunLem- K plation of law. comprises all the twenty-four hours. beginning and ending at twelve o lock at night. Robertson v. Suite. 43 Ala. . In a statute requiring the closing of all llqu saloons during “the entire day of any election," etc., this phrase means the natural (lay of twenty-four hours. commencing and teriiiinat- L lng at midnight. Haines v. Suite. 7 Tex. .-\pp. 30.—Enti.i-e interest. The whole interest or right, without diminution. Wl|ere a person in selling his tract of land sells also his entire interest in all improvements upon public land adjacent thereto, this vcsts in the purchaser

only a quitclalm of his inleresl; in the improvements McLeroy v. Ducliworth, 13 La. Aan.M