Page:Black's Law Dictionary (Second Edition).djvu/452

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ESTREAT

by ii! owner to run, and especially when the owner is known to the party wbo takes It up. The fact of its being bre-ichy or vicious does not make it an estray. \\ aiters v. Giatz. " lo_wa, 430; Roberts v. Barnes. 27 Wis, Kinney v. Roe, 70 Iowa, 509. 30 N. W. 7: Shepherd v. Hawiey, 4 Or. 208


ESTREAT, 1;. To take out a forfeited recognizance from the records of a court, and return it to the court of exchequer, to be prosecuted. See Esrsna-r, n

ESTRDAT, it. (From Lat. eztractnm.) In English law. A copy or extract from the hook of estreats, that is, the rolls of any court in which the amercements or fines, recogalzances, etc , imposed or taken by that court upon or from the accused, are set down. and which are to be levied by the bailifl’ or other officer of the court. Cowell: Brown.

A forfeited recon-nizance taken out from among the other records for the purpose of being sent up to the exchequer, that the parties might be sued tilerenn, was said to he estreated. 4 Bl. Comm. 253. Aud see Louisi- ana Society v. Cage, 45 La. Ann. 1394, 14 South. 422.

ESTREGIATUS. to roads. Cowell.

straightened, as applied

ESTREPE. To strip; to despoil: to lay waste; to commit waste upon an estate, as by cutting down trees, removing buildings, etc. To injure the value of a l‘e\ ersionary interest by stripping or spoiling the estate.

ESTREPEMENT. A species of aggra- vated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession. -1-Jstrepement, writ of. This was a com- mon-law writ of waste, which lay in particuiar for the reversioner against the tenant for life, in respect of damage or injury to the iuud com- mitted by the iatter. As it was only auxiiiaiy to a real action for recovery of the land, and as equity afforded the some relief by injunction, the writ feil into disuse.

ET. And. The introductory word of several Latin and law French phrases former- ly in common use.

I-1'1‘ ADJOURNATUR. And it is ad- journed. A phrase used in the old reports. where the argument of a cause was adjourned to another day, or where a second argu- ment was had. 1 Keb. 692, 754, 773.

ET AL. others."

An abbreviation for at am, “and

ET ALE 2: CONTRA. And others on the other side. A phrase constantly used in the Year Books, in describing a joimler in Issue. P. 1 Ddw. II. Prist; et alii a cantru. ct sic ad putriam: ready; and others é contra, and so to the country. '1‘. 3 Edw. III. 4;

444

ET HOC PARATUS

I-1'1‘ ALIUS. And another. The abbreviation et al. (sometimes in the phnal written at als.) is atllxed to the name of the person first mentioned, where there are several plaintiffs, grantors, persons addressed. etc.

ET ALLOCATIJR. And it is ailowed.

ET CH-ITERA. And others; and other things; and so on. In its aluhrefiated form (etc) this phrase is frequently aihncd to one of a series of articles or names to show that others are intended to follow or understood to he included. So, after reciting the initiatory words of a set formula, or a clause al- ready given in full, etc. is added, as an ah- hreviation, for the sake of convenience fie Lathers v. Keogh, 39 Hun (N. Y.) 579: Con.. v. Ross. 6 Serg. & R. (Pa.) £8: In re Schouier, J34 l\Iass. 426; High Court v. Schweitzer. 70 Iil. App. 143.

ET DE CEO SE METTENT EN LE PAYS. L. Fr. And of this they put them- selves upon the country.

ET DE HOG PONTT SE SIJ'PE'R PAT- RIAM. And of this he puts bimself upon the country. '_'L‘he formal conclusion of a common-law plea in har h_\' way of traverse. The literal translation is retained in the modern form.

ET EI LEG-ITUR IN HIEC VERBA. L. Lat. And it is read to him in these u ords. Words formerly used in entering the prayer of oyer on record.

ET HAIBEAS IBI TUNG HOG BREVE. And have you then there this writ. The formal words directing the return of 11 Wl'lL The literal translation is retained in the modern form of a considerable number of writs.

ET I-IABUIT. And he had it. A Common phrase in the Year Books, expressive of the allowance of an application or demand by a party. Para. dcmamla la view. Et lmbuit, etc. M 6 Edw. III. 49.

ET HOG PARATUS EST VERIFI- CAIRE. And this he is prepared to verify. The Latin form of concluding a plea In con- fession and avoidance.

These words were used, when the pleadings were in Latin, at the conclusion of any pleading which contained new aifirmative matter. They expressed the willingness or readiness of the party so pleading to establish by proof the matter aileged in his pleading. A pie-uling which concluded in that manner was technically said to “conclude with a verification," in coutradistinctiou to a pie-idin_e which simply denied matter allegcd by the opposite party, and which for that reason was said to "conclude to the country," hecause the party mereiy put himseif upon the country, or left the matter to the jury.

Brown.