Page:Black's Law Dictionary (Second Edition).djvu/444

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


ERTHMIOTUM. in old English law. A meeting of the neighborhood to compromise dlfiereuces among themselves; a court held on the boundary of two lands.

Er-ribescit lex filios cnstigiu-a parentes. 8 Coke, 116. The law blushes when children correct their parents.

ESBRANCATURA. In old law. A cutting at! the branches or boughs of trees. Cowell; Spelman.

ESCALDARE. To scald. It is said that to scald hogs was one of the ancient tenures tn serjeanty. Wharton.

ESCAMBIO. In old English law. A writ of exchange. A license in the shape of ti Writ, formerly granted to an English mer- chant to (l.l‘dw a bill of exchange on another in foreign parts. lteg. Orig. 194.

ESCAMBIUM. An old English law term, signifying exchange.

ESGAFE. The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his iiherty by the process of law.

The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Grim. Law, § 917.

Escapes are ei1.her voluntary or negligent. The former is the case when the keeper vol- untarily concedes to the prisoner any liberty not authorized by law. The latter is the case when the prisoner CUlJtI‘i\"eS to leave his pris- on by forcing his \vay out, or any other means, without the knowlefie or against the will of the keeper, but through the latter’: carelessness or the insecurity of the huililing. Cortis v. Dniley, 21 App. Div. 1. 47 N. Y. Supp. 454; Lansing v. Fleet. 2 Johns. Cas. (N. Y.) 3, 1 Am. Dec. 142: Atkinson v. Jame son, 5 Term, 25; Butler v. Vi-'ashl)urn, 25 N. H. _ , Martin v. State. 32 Ark. 124; Adams v. Turrentine. 30 N. C‘. 147.

-— warrant. In English practice. This was a warrant granted to retake a pris- oner committed to the custody of the king's prison vsho had escaped therefrom. It was ob- tnincrl on aflidavit from the judge of the court in which the action had been brought, and was dll'(3LtEfl to all the sheriffs tliroiiglioiit England, commaurfing them to tbliiilie the prisoner and commit him to gaol when and where taken, there fir remain until the deht was satisfied. Jacob; rown.

ESCAPIO QUIETUS. In old English law. Delivered from that punishment which by the laws of the forest lay upon those whose beasts were found upon forbidden land. Jacob.

ESCAI-‘I'lJ'N[. That -which chance or accident Cowell.

comes by

ESCEPPA. A measure of corn. Cowell.



Esahaata derivetur a verbo Gallica eschoir, quad est nccidere, quiz accidit domino ex eventu et ex insperato. Co. Lift. 93. Ebcheat is derived from the French word “eschoir," which signifies to ha]-pm. because it falls to the lord from an event and from an unforeseen circumstance

Eschnatm vulgo dieuntln‘ QIIIB deci- dantilyun ii: quiz do rage tenent, cum non existit ratione sanguinis hares, nil fisclnn relabuntnr. Co. Litt. 13. Those things are commonly called “escheats" which revert to the exchequer from a failure of issue ia than who hold of the king, when there does nut exist any heir by consanguinity.

ESCI-LEAT. In feudal law. Escheat is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally resnits back, by a kind of reversion, to the original grantor, or lord of the fee. 2 Bi. Oomm. 15; Wallace v. l:l:l1'l.ll- stad, 44 Pa, 501; Marshall v. Lmelass, 1 N. C. 445.

It is the casual descent. in the nature of forfeiture, of lands and tenements within his manor, to a lord, either on failure of issue of the tenant dying seised or on account of the felony of such tenant. Jacob.

Also the land or fee itself, which thus fell back to the lord. Such lands were called “e:rcizdentiLe," or “tcrrw ommdculiuln." Fleta, lib. 6, c. 1; Co. Litt. 1311.

In American law. Escheat signifies a reveraion of property to the state in conse- quence of a want of any individual oompeient to inherit. The state is deemed to oat-upv the place and hold the rights of the feudal lord. See 4 Kent. Comm. 423, 424. Hughes v. State, 41 Tex. 17; Crane v. Reedcr, 21 Midi. 70. 4 Am. Rep. 430; Cir. Code Ga. 1611.3. I 3575.

"Escheat at faudal law was the right of the iord of a tee to re-enter upon the same wlicn it hecanie vacant by the extinction of the him. of the tenant. ’I‘hls extinction might eithi-i be per defecium srinyuinia or else per ililiiliim teucntia, where the course of descent was hm’ an by the corruption of the hlood of the t(‘l'l‘lllt. As a fee might be hnliien either of the crown or from some -interior lord, the escheat was nnt always to the crown. The word ‘est-heat.’ in this country, at the present time. merely in-licutes the preferable right of the state to an ~~ » tate left vacant, and vsithout there being ll|i_v one in cxislenrc able to make claim thereto." 29 Am. Dec. '22. note -—Escliea.t, writ of. A writ which nut-it-ntly lay for 11 lord. to rocorer pnssession_of la-la that had escheated to him. I{e.'.'. Oriiz. liil Fitzh. Nat. . 14.i.—Sii1g1B When all a person's ruorables fall to the ('l‘\'\\\ . as a casualty. because of his being declared rehel. Whzirto'a.

ESCI-IEATOR. In English lnvv. The name of an officrr who was appointed in every county to look after the escheats uhlch fcll

due to the king in that particular count: