Page:Black's Law Dictionary (Second Edition).djvu/445

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ESCHECCUM

and to certify the some into the exchequcr. An escheator could continue in office for one year only, and was not re~el.igilile until three years. There does not appear to exist any such officer at the present day. Brown. See 10 Via Abr. 158: C0. Litt. 13b.

ESCHECGUM. Jury or inquisition.

In old English law. A

ESGHIPARE. To build or equip. Du

Gauge

ESCOT. A tax formerly paid in boroughs and corporations towards the support of the community, which is called “scot and lot."

ESGRIBANO. In Spanish law. An oliicer, resembling a notary in French law, who has authority to set down in writing, and verify by his attestation. transactions and contracts between private persons, and also Judicial nets and proceedms.

ESORITURA. In Spanish law. A written instrument. Every deed that is made by the hand of a Ilhblic cscribmm, or notary of a corporation or council (canL'eju,) or sealed with the seal of the king or other authorized persons. White, New Recop. b. 3, tit. 7, c. 5.

ISCROQUEBJE. Fr. swind-

liag, cheating.

Fraud,

ESCROW. A scroll: a writing; a deed. Parldculzuly a deed delivered by the grantor into the hands at a third person, to be held by the latter until the happening of a contingency or performance of a condition, and then by him delii ered to the grantee. Thom- as v. Sowiirds, 25 Wis. 631; Patrick v. Mc- Cormick, 10 Neli. 1, 4 N. W. ; Cagger v. Lansing, 57 Barh. (N. Y.) 427; Davis v. Clark, 58 Kan. 100, 48 Pac. 563: Easton v. Driscoll, 18 R. I. 318, 27 Atl. 445.

A grant m:iy be deposited by the grantor with a third person, to be delivered on the peifm-inanie of a condition, and on delivery hy the depositary it will take effect. While in the possession of the third person, and subject to condition, it is called an "escrow." Civil Code Cal. § 1057; Civii Code Dak. I [309

The state or condition of a deed which is coudltionally held by a third person, or the possession and retention of a deed by 11 third person pending a condition; as when an instrument is said to be delivered “in escrow." This use of the term, however, is a perversion of its meaning.

ESGROWL. In old English law. An escrow: a scroll. “And deiiver the deed to a stranger, as an escrowl." Perk. c. 1, § 9; Id. C 2. §§ 137, 138.

ESCUAGE. Service of the shield. One of the varieties of tenure in knight's service,

437

ESPURIO

the duty imposed being that of accompanying the king to the wars for forty days, at the teua'ut's own charge, or sending a substitute. in later times, this service was commuted for a certain payment in money, which was then called “escuage certain." See 2 Bl. Comm 74, 75.

ESCURARE. ell.

To scour or cleanse. Cow-

ESGLISE, or EGLISE. A church Ja- CO‘).

ESKETORES. Rohbers, or destroyers of other men's lands and fortunes. Cowell.

ESKIPPAIVLENTUM. Trickle or furniture: outfit. Cerlcain towns in England were bound to furnish certain ships at their own expense and with douhle akippage or taclile. Cowell.

ESKIPPEB. ESKIPPARE. TD ship.

ESKIPPESON. sea.

Shippiige, or passage hy Spelled, also, “.rkz'p1;eson." Cowell.

ESLISORS. See Eusons.

ESNE. In old law. vile condition.

A hireltng of ser-

ESNEGY. Seniority; the condition or right of the eldest; the privilege of the cidest-born. Particuiarly used of the pi-ii-ilege of the eldest among coparceners to make a first choice of purparts upon a voluntary partition.

ESP]-IRA. A period of time fixed by law or by a court within which certain acts are to be performed, e. g., the production of pa- peis, payment of debts, etc.

ESP!-IRONS. L Fr. Spurs.

ESP]-JDIENT. In Spanish law. A junction of all the separate papers made in the course of any one procectling and which remains in the oilice at the close of it. Castillern v. U. S., 2 Biack (U. S.) 109, 17 L. Ed. 300.

ESPLEES. An old term for the products which the gruuiul or land yields; as the hay of the meadows, the herhage or the pasture, corn of arable fields, rent and sei-nu.-s, etc. The word has been anciently applied to the iiind itself. Jacob; Fosgate v. H) draiilic Co., 9 Barh. (N. Y.) 2J3.

ESPOUSALS. A mutual promise be tween 21 man and a woman to marry each other at some other time. It differs from a marriage. because then the contract is completed. Wood, inst. 57.

ESPURIO. Span In Spanish law. A spurious child; one begotten on a woman

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