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ELEGIT-continued. the judgment creditor so holds the lands under his elegit, he is called a tenant by elegit, and his estate in the lands is a tenancy by elegit.

See also titles ExECUTION, WRIT OF;

JUDGMENT DEBTS. ELISORS, If the sheriff who returns the jury in an action is himself an interested party in the action, upon his array being quashed, the jury is to be summoned by the coroner; and it the coroner's array is also challenged and quashed, then the jury is to be summoned by two clerks of the Court, who for that matter are called elisors, and to whose array no challenge is allowed. The word elisors is by many sup. posed to mean electors, from the French élire, to elect.


I. In the case of Counties : Every person duly registered as a voter, and who is of full age and capacity, and who is the owner of lands or tenements of freehold, copyhold, or any other tenure whatever, for his own life or pur autre vie, or for any larger estate of the clear yearly value of not less than £5, or who is entitled either as lessee or assignee to the unexpired residue of a term of years which was originally for a period of not less than sixty years, determinable or not on a life or lives, of the like clear yearly value (s. 5); or who has occupied for twelve months lands or tenements within the county of the rateable value of £10, and has been rated for the same for the relief of the poor, and has paid such rates (s. 6).

II. In the case of Boroughs,-every person duly registered as a voter, and who is of full age and capacity, and who has for twelve months preceding been an inhabitant occupier, whether as owner or tenant, of any dwelling-house within the borough, and who has been rated for the same for the relief of the poor, and has paid such rates; or who as a lodger has occupied in the borough separately and as sole tenint for twelve months preceding the same lodgings in a house of the clear yearly value of £10 at the least, and has also resided for that period in such lodgings (s. 5).

ELEGIT. This is a writ of execution, and is so called because the plaintiff has chosen this particular writ in preference to others. The writ was first given by the statute of Westminster the Second (13 Edw. 1), c. 18, and has received a more extensive operation from the statute 1 & 2 Vict. c. 110. The writ is available for the recovery of either

debt or damages due upon a judgment or upon the forfeiture of a recognizance taken in the King's Court. By the Common Law (apart from statute), a judgment creditor could come upon the goods and chattels and the presently accruing profits of the lands and hereditaments of his debtor (the writ of execution for that purpose being either a fi. fa, or a levari facias), but he could not come upon the lands or hereditaments themselves so as to have the possession of them; by the statutes before mentioned, he has been enabled, by means of the writ of elegit, to appraise (instead of selling) the goods and chattels of his debtor and to obtain a delivery of the same to himself at such appraisement in part satisfaction of his judgment debt; and in case his judgment is not fully satisfied thereby, then the moiety (under 13 Edw. 1, c. 18) or the entirety (under 1 & 2 Vict. c. 110) of the lands themselves may be taken possession of under the elegit. During such time as

ELOIGN, ELOIGNMENT. When a defendant has recovered judgment in an action of replevin, he obtains a writ of execution de retorno habendo, for the return of the things distrained; and in case the sheriff in executing this writ finds that the goods have been conveyed to places unknown to him, so that he cannot executo the writ, he makes a return to the writ, that the goods are eloigned, i.e., taken to a distance out of his jurisdiction or to some place unknown to him. This return of the sheriff' is called a return of eloignment or elongata. The defendant is thereupon entitled to sue out a writ of capias in withernam, as to which, see that title. Failing satisfaction by this writ, the defendant may then sue out a scire facias against the plaintitf's pledges, to shew cause why the price of the eluigned distress should not be made good out of the lands and goods of the pledges; and if no cause be shewn, then the plaintiff has execution against the lands and goods of the pledges, and in case the registrar of the county court who granted the replevin has not taken pledges, the defendant has an action on the case against him for bis omission, and the damages arising therefrom.

EMANCIPATION. In French Law, a father or mother (being a widow) may by a simple declaration emancipate a child at the age of fifteen years; and the marriage of a child, at whatever age, operates an emancipation. An orphan of the age of eighteen years may be emancipated by a decision of the conseil de famille. The effects of emancipation are to render the child competent to act generally on his own account in all matters of a purely administrative character; but he remains subject to all former disabilities in respect of the alienation of capital, of real estate (88 immeubles), of loan transactions, and EMANCIPATION-continued. the like. If a trader, his capacity is unlimited. Code Nap. 1, 10, 3.

EMBARGO. Is the hindering or detention by any government of ships of commerce in its ports. If the embargo is laid upon ships belonging to citizens of the state imposing it, it is called a civil embargo, an example of which occurred in 1807 in the conduct of the United States; on the other hand if (as more commonly happens) the embargo is laid upon ships belonging to the enemy, it is called a hostile embargo. The effect of this latter embargo is that the vessels detained are restored to the rightful owners if no war follows, but are forfeited to the embargoing government if war does follow, the declaration of war being held to relate back to the original seizure and detention. See Wheaton, pp. 372–373.

EMBEZZLEMENT. May be roughly defined as stealing by clerks, servants, or agents. It is not larceny,—that offence involving a taking without the will of the owner, which a clerk, servant, or agent who is entrusted to take cannot be said to do. But the offender intercepts and misapplies money or such like things; and this constitutes the offence of embezzlement under the stat. 24 & 25 Vict. c. 96, ss. 6872. The offence is a felony, and is punishable precisely as larceny is (see that title). In case a larceny is proved upon an indictment for embezzlement, the defendant may be convicted of the former offence, and vice , versâ. Any number of distinct embezzlements not exceeding three, committed within a period of six months, may be joined in the same indictment.

EMBLEMENTS. These are the awaygoing crop, in other words, the crop which is upon the ground and unreaped when the tenant goes away, his lease having determined; and the right to emblements is the right in the tenant to take away the away-going crop, and for that purpose to come upon the land, and do all other necessary things therevn.

The instances in which the right to emblements exist are the following :(1.) A tenant for life sowing the lands

and dying before harvest, his ex

ecutors will have the right; (2.) An under-tenant, whose tenancy is

suddenly and without his own act determined before harvest, e.g., by his landlord's estate determining (whether by the death or re-marriage of the latter), has the right(Kingsbury v. Collins, 4 Bing.

207); (3.) A tenant at will, who is ousted by


his landlord, for no cause of forfeiture (Co. Litt. 66 a); or who suddenly dies, or whose landlord

suddenly dies (Co. Litt. 55 b); (4.) A tenant by the curtesy (2 Bl. 122)

or in dower (20 Hen. 3, c. 2), —

upon their deaths; and, (5.) A tenant pur autre vie (Co, Litt. 55 b)

and a parson (28 Hen. 8, c. 11), upon the determination of their estates otherwise than by their

own act or default. But the following persons have no right to emblements, notwithstanding the sudden determination of their tenancy :(1.) A tenant for life who determines the

tenancy by his or her own act, e.g., a widow who re-marries, being only entitled during her widow

hood; (2.) A tenant at will or for years who

commits a forfeiture or otherwise wilfully determines bis own

tenancy: (3.) A tenant at sufferance (7 M. & W.

235); (4.) Tenants at a rack rent since 1851, in

virtue of the 14 & 15 Vict. c. 25, s.1,whose tenancy, but for that act, would have suddenly determined by the death or cesser of the estate of their landlord, these tenants now holding on until the expiration of the then current year of their tenancy, and apportioning their rent between the executors of the deceased landlord and the estate of the succeeding landlord

(see APPORTIONMENT OF RENT); (5.) Mortgagors, although to some ex

tent they are tenants at will ; (6.) A tenant in dower becoming un

chaste; (7.) A parson who resigns his living.

Bulwer v. Bulwer, 2 Barn. & Ald.

470 EMBRACERY. This offence consists in the attempt to influence a jury corruptly to one side or the other, by promises, persuasions, entreaties, entertainments, douceurs, and the like. The person guilty of it is called an embracer, and is punishable under 19 Hen. 7, c. 13; and see stat. 6 Geo.

4, c. 50.

EMPHYTEUSIS. Is a term of Roman Law, and which finds a near equivalent in the phrase fee farm of English Law, being the letting of lands or houses to a lessee for ever, subject to the payment of a perpetual rent, usually of small amount. The interest of the holder (who is called the emphyteuticarius) is assignable, i.e., alienable; and the landlord may not eject him

ENLARGE-continued. either party to an action or suit to do a certain thing by a specified day; the judges in such a case will, on sufficient grounds being shewn for so doing, enlarge the time originally specified for doing the act, in which case the rule is said to be enlarged, meaning that the time specified in it has been enlarged, i.e., extended. Similarly, an arbitrator often enlarges the time for making his award ; and the Court of Chancery may, and often does, enlarge the time for filing evidence in a suit, or for taking some other step in the suit, where the Court is satisfied upon atlidavit that there is good reason for so doing.




EMPHYTEUSIS—continued. unless for non-payment of the rent agreed. In case the entire subject matter of the lease is destroyed, the loss falls upon the landlord; but a particular loss falls upon the tenant.


ENDOWMENT. This term is commonly applied to any provision for the officiating minister of a church, the provision usually consisting in the setting apart of a portion of lands for his maintenanco. Thus, in ancient times, the lord of a manor, when he built a church on his demesne lands, usually endowed it with a piece of land, called the glebe (see title AdvowSONS). But at the present day, many endowments consist in money or consols simply, which private individuals have given to trustees in trust for the charity (see title CHARITIES). And there are also special modes of endowment adopted by the Ecclesiastical Commissioners. See that title.

ENFEOFF. This means to vest in another by means of a feoffment the legal estate in lands.

See title FEOFFMENT. ENFRANCHISEMENT. This term is usually applied to copyhold lands, and as so applied denotes the conversion of the copy holds into freeholds. The mode of enfranchisement is regulated at the present day by the stat. 4 & 5 Vict. c. 35, and the Copyhold Acts, 1852 and 1858, under which Acts great facilities are afforded for the commutation of the lord's customary rights; moreover, enfranchisement is rendered compulsory at the wish either of the lord or of the copyhold tenant, with this difference in the two cases, namely, that if the compulsory enfranchisement is made at the wish of the tenant, the commutation of the lord's rights consists in a gross sum of money, either paid at the time of the completion of the enfranchisement, or secured by a mortgage of the lands; whereas, when the compulsory enfranchisement is made at the wish of the lord, the commutation of his rights consists in an annual rent-charge issuing out of the lands enfranchised. The effect of enfranchisement is, to discharge the lands of all customary incidents, e.g., the custom of descent to the customary heir, and to annex to them all the incidents of freehold lands.


ENLARGE This term is commonly used in connection with rules calling upon

ENTERING JUDGMENTS. The formal entry of the judgment on the rolls of the Court, which used to be a necessary preliminary to suing out execution on the judgment, and which is still necessary before bringing error or an action of debt on scire facias on the judgment. However, by the C. L. P. Act, 1852, s. 206, and r. 70, H. T. 1853, it is not necessary, before issuing execution, to enter the proceedings on any roll, but an incipitur thereof may be made upon paper, shortly describing the nature of the judgment, and judgment may thereupon be signed, costs taxed, and execution issued; but it is provided that the proceedings may be entered on the roll as heretofore, whenever the same may become necessary for the purpose of evidence, or of bringing error, or the like.

This entry of the judgment may, it seems, be made after any lapse of time. Barrow v. Croft, 4 B. & C. 388.

ENTIRETY. A tenancy by entirety or (in the case of husband and wife) entireties, is a tenancy in which the entire or sole possession is in one person, as distinguished from a joint or several possession by two or more persons; in other words, tenants by entireties are seised per tout, and not also per my, whereas joint tenants are seised et per my et per tout. Consequently, upon the death of either tenant by the entireties, the other takes the whole under the original grant, and not (as is the case in joint tenancy) by the new or independent title of survivorship. The effects of such a tenancy are, that neither tenant can convey the whole of his estate without the other, and neither can sever without the other; and this curious result follows from the unity of the two ENTIRETY-continued. persons of husband and wife, that a gift to them and a third person of lands or of goods in words which purport to make the three parties joint tenants, or even tenants in common, carries one moiety only to the husband and wife, and leaves the other moiety to the third person. Atcheson v. Atcheson, 11 Beav. 485; In re Wylde's Estate, 2 De G. M. & G. 724.

ENTRY. The actual taking possession of lands or tenements by entering upon the same.

This is a remedy which the law affords to an injured party ousted of his lands by another person who has taken possession thereof without right. This remedy (which must in all cases be pursued peaceably) takes place in three only out of the five species of ouster, viz., abatement, intrusion, and disseisin ; for as in these three cases, the original entry of the wrongdoer is unlawful, so the wrong may be remedied by the mere entry of the former possessor. But it is otherwise upon a discontinuance, or deforcement, for in these latter two cases, the former possessor cannot remedy the wrong by entry, but must do so by action, inasmuch as the original entry being in these cases lawful, and therefore conferring an apparent right of possession, the law will not suffer such apparent right to be overthrown by the mere act or entry of the claimant. And by the Act 3 & 4 Will. 4, c. 27, s. 10, no person shall be deemed to have been in possession of any land within the meaning of that Act, merely by reason of his having made an entry thereon; and by the same Act, s. 11, no continual or other claim upon or near any land shall preserve any right of making an entry.

ENTRY, WRIT OF. A writ made use of in a possessory action directed to the sheriff, requiring him to command the tenant of the land that he do render the same to the demandant, because that he the tenant had not entry into the land in question, but by or after a disseisin, intrusion, or the like, made within the time limited by law for such actions; or that in case of his refusal so to render the land, he do appear in Court to shew the reason of his refusal. It was usual to specify in the writ the degree or degrees within which the same was brought, in this manner: (1.) If the writ was brought against the party himself who did the wrong, then it only charged the tenant himself with the injury,-non habuit ingressum nisi per intrusionem quam ipse jecit. (2.) If the writ was brought against an alienee of the wrongdoer, or against the heir of the wrongdoer, then it was said to be in the first degree, and charged the tenant

ENTRY, WRIT OFcontinued. in this manner: that he the tenant had not entry but by, i.e., through, per, the original wrongdoer who alienated the land or from whom it descended to him,non habuit ingressum nisi per Gulielmum, qui se in illud intrusit, et illud tenenti dimisit. (3.) If the writ was brought against a tenant holding under a second alienation or descent, then it was said to be in the second degree, and charged the tenant in this manner : that he the tenant had not entry but by, i.e., through, per, a prior alienee, to whom, cui, the original wrongdoer demised the same, -non habuit ingressum nisi per Ricardum cui Gulielmus illud dimisit, qui se in illud intrusit. (4.) If the writ was brought against a tenant holding under more than two alienations or descents, i.e., after two degrees were past, it was framed upon the Statute of Marlbridge (52 Hen. 3), c. 30, which first gave the writ in this case; and as that statute provided that when the number of alienations or descents exceeded the usual degrees, i.e., two degrees, the writ should not mention the degrees at all -the writ was called a writ of entry sur disseisin in the post, and charged the tenant in this manner : that he the tenant had not entry unless after, post, or subsequent to the ouster or injury done by the original wrongdoer,-non habuit ingressum nisi post intrusionem quam Gulielmus in illud fecit.

By the Act & 4 Will. 4, c. 27, s. 36, and the C. L. P. Act, 1860, s. 26, all real actions have been abolished.

ENTRY AD COMMUNEM LEGEM. This was a writ of entry which lay for a reversioner after the alienation and death of the particular tenant for life, against him who was in possession of the land.

ENTRY AD TERMINUM QUI PRÆTERIIT. This was a writ of entry which lay for a reversioner when the possession was withheld from him by the lessee or a stranger, after the determination of a lease

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a writ of entry provided by the Statute of Gloucester (6 Edw. 1), c. 7; it lay for a reversioner after the alienation by tenant in dower or tenant for life, and during the life of such tenant.


ENTRY ON THE ROLL. In former times, the parties to an action personally or by their counsel used to appear in open Court and make their mutual statements viva voce, instead of as at the present day delivering their mutual pleadings, until ENTRY ON THE ROLL-continued. they arrived at the issue or precise point in dispute between them. During the progress of this oral statement, a minuto of the various proceedings was made on parchment by an officer of the Court appointed for that purpose; the parchment then became the record, in other words, the official history of the suit. Long after the practice of oral pleading had fallen into disuse, it continued necessary to enter the proceedings in like manner upon the parchment roll, and this was entry on the roll, or making up the issue roll, as it was otherwise called.

But by a rule of H. T. 4 Will. 4, the practice of making up the issue roll was abolished; and it is now only necessary to make up the issue in the form prescribed for that purpose by a rule of H. T., 1853, and to deliver the same to the Court and to the opposite party.

The issue which is delivered to the Court is called the nisi prius record; and as that is the only thing the Court will look at, it may be regarded as the official history of the suit, in like manner as the issue roil formerly was.

ENURE This word means to operate or take effect. Thus, a release in fee from a reversioner to his prior tenant enures by way of the enlargement of the particular tenancy into a fee simple; also, a grant by one joint tenant to another will enure, i.e., operate, as a release (Chester v. Willan, 2 Wms. Saund. 97 a), and a release as a covenant to stand seised. Roe v. Tranmarr, Willes, 632.



EQUITABLE PLEAS AND REPLICATIONS. Under the C. L. P. Act. 1854 (17 & 18 Vict. c. 126), it is permitted to plead equitable defences at Law, beginning the plea with the words, “ For defence or equitable grounds.” Such plea required to be such as would have entitled the defendant who pleaded it to an unconditional injunction upon bill filed in Equity : but that is not now the law, under the Judicature Act, 1873. Equitable pleas make the replications and all subsequent pleadings equitable also. Saving v. Loylake Ry. Co., L. R. 1 Ex. 9.

EQUITY is the phrase commonly used to designate that portion of the law which is administered by the Courts of Chancery in Lincoln's Inn and at the Rolls. Equity, in this sense, is wider than Law, and narrower than Natural Justice or Natural Equity, in the extent of the matters which are the subjects of its jurisdiction. Equity

EQUITY-continued. cannot be defined in its content, otherwise than by an enumeration of its various subject matters, being trusts, mortgages, administrations, &c., &c.

There are, or used to be, three jurisdictions in Equity, namely, the exclusive, tho concurrent, and the auxiliary jurisdictions, the exclusive jurisdiction being that in which Equity had jurisdiction and Law had not; the concurrent that in which Equity and Law had jurisdiction equally ; and the auriliary that in which Law had exclusive jurisdiction, and Equity was only the handmaid of Law therein.

EQUITY DRAFTSMAN is a pleader in Equity.

EQUITY FOLLOWS THE LAW. This maxim, which is expressed in Latin by the phrase, Aequitas sequitur legem, signifies that the Courts of Chancery follow the saine principles in construing documents and in determining rights as the Courts of Common Law, but the rule is subject to a few inconsiderable exceptions, which the Courts of Chancery have, for reasons of their own, thought fit to make, in their application of it.

The following are some illustrations of the general rule :

(1.) In construing the words of limitation of estates, the same words which at Law confer a life estate do so in Equity also ; and the phrase "heirs of the body” gives an estate tail in Equity equally as at Law; and the phrase “heirs and assigns” in like manner gives a fee simple in Equity as at Law.

(2.) In applying the rules of descent, Equity adopts the entire nine canons of descent which regulate the descent of real estate at Law ; e.g., primogeniture, coparcenary, &c.

(3.) In applying the statutes for the limitation of actions and suits, Equity never exceeds the limits which the Law prescribes, although, for reasons of its own, it often stops short of the outside limit. See title LIMITATION OF ACTIONS AND Suits.

The following are the exceptions which Equity has made in its application of the general rule:

(1.) In the construction of executory trusts, i.e., of trusts incompletely set out in the instrument creating them, if the instrument is either marriage articles or a will containing a reference to marriage, Equity refuses to follow blindfold the rule of Law commonly designated as the Rule in Shelley's Case (see that title), whereby the words “ heirs of the body” following upon a freehold estate of the ancestor, confer upon the ancestor an estate tail, but chooses rather to mould these words into

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