Page:Black's Law Dictionary (Second Edition).djvu/437

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ENTRY 4

issue roll or nisi prius record consi. papers delivered to the court. to fzic 1

trial of the action, these papers consistlng of the pleadings simply, with the notice of trial. Brown.

s of the "ate the

4. In commercial law. Entry denotes the .ict of a uierchnnt, trader, or other busi- ncss man in recording in his account-books the facts and ciruiiustances of a sale. loan, or other transaction. Also the note or lecord so made. Bissell v. Beckwith. 3'.’ Conn. 517; U. S. v. Crecelius (D. C.) 34 Fed. 30. The books in which such meiuoiundn are first (or orlginally) inscribed are called "books of original entry," and are praima Iuclc evidence for certain puriiosesl.

5. In revenne law. The entry or Imported gooils at the custom house consists in submitting them to the inspection or the revenue olllcers, together with :1 statement or desciipiion or such goods, and the original invoices or the same, for the purpose of esti- ninting the duties to ‘lie paid thereon. U. S. v. Le,':g. 105 Fed. 930. 45 C. C. A. 134: U. S. v. Baker, 24 Fed. Cas 953; U. S. v. Sei- deiibeig (C. C.) 17 Fed. 230.

6. In parliamentary law. The ‘‘entry'’ of a proposed constitutional amendment or of any other document or transnctzuii in the journal of a house of the legislatiire consists in recording it in writing In such journal, and (flCC0l‘l1lXl_.°,‘ to most of the authorities) at length. See Koehler v. Hill. (30 Iowa. 5-13, 15 N. W. 609; Thuniason v. Ruggies, (‘:9 (7.11. 465, 11 Pac. 20: Oakland Pav. 00. v. Elllton. G9 Gill. 479, 11 Poe. 3.

7. In copyright law. Depositing with the register of copyrights the printed title of a book, pamphlet, etc., for the purpose of securing copvright on the saiue. The old formula for giving notice of copyright was, “Entered according to act of congress," etc.

5. In public land laws. Under the pro- visions of the land laws or the United States, the term "entry" denotes the filing at the laudolhce, or iuscription upon its records, of the documents required to found

1 claim for a homcstend or preemption

riglit, and as prelliiiiunry to the issuing of u patent for the land. Cholard v. Pope. 12 Wiieat 588, 6 L. Ed. 737; Sturr v. Beck, ‘[33 U. S. 541, 10 Sup Ct. 350 33 L. Ed 761; Goddard v. Starch. 57 Kan. 714, 48 Pac. 15: Goodnow v. Wells, 67 Iowa, 634, 25 N, W. SIM.

-—Entx'y');na.'n. One who makes nn entry of land under the public land lows of the Unite-l Stntcs.—I-Iornestead entry. An entry under the United States land laws for the purpose of acquiring title to it portion of the public domain under the iiomr-stood lows. cnnsisting of on iilfiilsrit of the cl.-«ilninnt's right to enter, a formal application for the lanil, and pnvmen

' C‘

of the money rcquirerl, Ilasli _ o_ “bltnc


v. ' I32 U. S. 357 10 '4'} L Ed. 36 l'_))caly v ‘ I 14 it.’


1'n'eral land entry. _ __ _ (|l‘_ylll't.lI£lSE lands be- longing to the public domain and valuable for

9 ENUMERATED

the minerals they contain, implying a prior discovery of ore and the opening of a mine. U. v. Four Bottles Sour lllasb Wbisky (I). C.) 00 Fed. 'I20_—Pre—exuption entry. An entry of public lands for purchase under the pre cmption laws, giving the entiyiuan a preferred right to acquire the land by virtue of his occupation and improvement of it. Hot - man v. Warren, 76 Fed. 161, 22 C. C. A. .31 : 1\IcFadden v. Mountain View Min. Co. (C. 0.) 87 Fed 15-4.—Tiniber culture entry. An entry of public lands under the various acts of congress opening portions of the public domain to settlement and to the acquisition of title by the settlers on condition of the planting iiud cultivation of timber trees. Ilirlmon v. Wurren, 76 Fed, 100, 22 C. C. 30.

9. In Scotch law. The term reters to the nckntmlcdgnieut of the title of the heir, etc., to be admitted by the superior.

ENTRY, WRIT OF. In old English practice. This was :1 writ made use of in a form of real action brought to recover the possession of lands from one who wrongfully withheld the same from the deinandaut.

Its object was to regain the possession of lands of which the demondont, or his ancestors, had been unjustly deprived by the tenant of the freehold, or those under whom he claimed, and hence it belonged to the passcssory division of real actions. It decided nothing with respect to ihe right of property, but only restored the deinandant to that situation in Wiiidl he was (or by law ought to have been) before the dispossession committed. 3 Bl. Comm. 180.

It was usual to specify in such writs the de- gree or degrees within which the writ was broiiglit, and it was said to lie “in the per” or “in the per and out," according as there had been one or two descents or alienstions from the original wronpdoer. If more than two such ironsfers had inloriened, the writ was said to bc "in the post." See 3 Bl. Comm. 181.

—Entry ad eommnnem legeni. Entry at (‘nuinmn law. The name of a virit of entry which lay for I], reversioner after the alienation aml dcnth of the particiilar tenant for life, against him who was in pus. ssion of the land. Brown.—Entry all terminurn qui printer-iit. The writ of entry oil tcrmiiium q-ui 1»-wtcriit lies where a man leases land to niiolhi.-r for a term of years, and the tenant holds over his term. And it lands be leased to a man for the trim of another‘: life, and be for abuse life the lands nre leased dies, and the lessee hnlds over, then the lessor shall have this urit. Ttrincs dc ln Ley.—Entry for mar, tinge in speech. A writ of ciitrv causa, mutrimonii pririuquuti iics where lands or tenements are given to a man upon condition that he shall take the donor to be his wife within I1 certain time. und he does not espouse lie!‘ within the said term, or espouse-s another \vnmon, or makes himself priest. Terines rle lv Li‘3.—'Entry in cnsu consimili. A writ of cntry in. cast! ioiisiviiili lips where a tenant for life or by the l"l|l'teS_V ulicns in fee. T(‘l'lIleS de In Lcy.—Entry in the case provided. A virit of entry in casu. proviso lies if a tenant in douer alien in fee, or for life, or for another's life, l in: the tenant in dower. Terines de la Loy Entry without assent of the chapter. A writ of entry sine assensu capituli lies where on abbot, prior, or such as both covcnt or common seal, aliens lands or tenements of the right of his church, without the assent of the covent or chapter, and dies. Teimes de la Ley.

ENUMERATED. This term is often

6

used in law as equivalent to "iuentionedrfl