Page:Black's Law Dictionary (Second Edition).djvu/446

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who has promiscuous intercourse with many men. White, New Recap. b. 1. tit. 5, _c. 2. § 1.

ESQUIRE. In English law. A title of dignity next above gentleman, and below lmight. Also a title of office given to sheritfs, serjeants, and barristers at law, justices of the peace, and others. 1 Bl. Comm. 406: 3 Steph. Comm. 15, note-, Tomlins. On the use of this term in American law, particu- lnrly as applied to justices of the peace and other inferior jlirlicizii officers, see (‘nil V. Forcsman. 5 Watts (Pa) 331: Christian v. Ashley County. % Ark. 151; Com. v. Vance, 15 Borg. & R. (Pa.) 37.

ESSARTER. L. Fr. To cut down woods to clear land of trees and uudcrwond; prop- erly to thin woods, by cutting trees, etc., at intervals. Spelman.

ESSARTUM. Woodlands turned into tillage by uprooting the trees and removing the undei-wood.

ESSENCE. That which is indispensable to that of which it is the essence. —-Essence of the contract. Any condition or stipulation in a contract which is mutually undeistoad and agreed by the parties to be of such iitai importance that a Ellfliltieliit perform- ance of the contract cannot be had without exact compiiance with it is said to be “of the esence of the contract."

ESSENDI QUIETUM DE TOLONIO. A writ to be quit of toli; it iies for citizens and burgesses of any city or town who, by (barter or prescription, ought to be exempted from toll, where the same is exacted of them. Reg. Orig. 258.

ESSOIN, 1;. In old English practice. To present or ofler an excuse for not appearing in court on an appointed dsy in obedience to a summons; to cast an essoiu. Spelinan. This was anciently done by a person whom the party sent for that purpose, called an ‘ essoiner."

ESSOIN, n. In old English law. An ex- cuse for not appearing in court at the return of the process. Presentation of such e((!llS€. Speimau; 1 Sei. Pr. 4: Com. Dig. ‘E\oiue." B 1. Essoin is not now allowed nt all in personal actions. 2 Term, 16; 16 East, Ta,- R I’.l. Comm. 279, note.

—Essoin day. Formerly the firs: general return-(lay of the term, on which the courts sat to i-scone cssoius, t‘. 9.. excuses for parties who did not appear in court. according to the sum- mons of writs. 3 Bl. Comm. 27?; Bootc. Suit at Law, 130; Gilb. Com. Fl. 13, 1 Tidd, Pr, 107. But, by St. 11 Geo. IV, and 1 Wni IV. -2 70, § 6, these days were done away with, as ii part of the terI:u.—Essoin do main villa: is when the defendant is in court the first day; but gone without pleading, and being afternnrds surprised by sickness. etc . cannot attend, but sends two essuineis, who openly protest in l()lll't that he is detained by sickness in such a

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ESTABLISH

village, that he cannot come pro lur~riu-4' and pro pcrzlere; and [his will be admitted, for It lieth on the plaintiff to prove whether the essoin is true or not. J2icob.—Essnin roll. roll upon which essoins were formerly entered, together with the day to which they were ad- Jonrned. Bnote, Suit at Law. 130; Rose Real Act. 162, 103: Gilli. Com. PL 13.

E SSOINIATOR. essoiu.

A person who made an

Est aliquid quad non oportet etinm Ii licet; quicquid Vern non licet certe non uportet. Hob. 159. There is that which is not proper. even though permitted; but whatever is not permitted is certainly not proper.

EST ASCAVOIR. It is to be understood or known; “it is to-nit." Iitt. 135 9, 45, 46, 57. 59. A very common expression in Littleton, especially at the coniiuenccment of a section; and. according to Lord Coke, "it ever teachctii us some rule of law, or general or sure leading point." Co. Litt. 16.

Est mitem jus publicum at pi-ivatrun, quad ex naturniibus ptazceptis aut gentiuin, nut civilibus est cnlleetum; at quad in jure sex-ipto jun appellntur, id in lege Anglia rectum esse dicitur. Pub- lic and private low is that which is collected from natural precepts. on the one hand of nations, on the other of citizens; and that which in the cii a law is called “jus," that. in thc low of England, is said to be right. CD. Litt. 558.

Est nntom vi: legem nimulans. V10-

lence may also put on the mask of law.

Est ipsarum legislatorum tanqunm viva mix. The voice of the legislators them selves is like the hvlug voice; that is, the language of a statute is to be understood and interpreted like ordinary spoken lan- guage. 10 Coke, 101D.

Est quiddnm pea-fectius in x-elm: lic- itis. Hob. 159. There is something more perfect in things allowed.

ESTABLISH. This word occurs fre- quently in the Constitution of the United States. nnd it is there used in tlifierent meanings: (1) To settle firmly. to fix unal- terahiy; as to establish justice, which is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule of naturalivation, and uniform laws on the snhject of haiikruptcies, which eridently does not mean that these laws sh 111 he unal- tei-ahly established as justice. (3) To found to create, to regulate; as: "Congress shnii have power to establish post-roads and post- oiiices." (4) To found. recognize, confirm, or ndinlt; as: “Congress shall make no law re spccting an establishment of religion." (5)

To create, to ratify, or confirui; as: “We.