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Bouvier's Law Dictionary

Equal Protection Of The
Equal Protection Of The The Fourteenth Amendment Of The Constitu Tion Of The United States, 'among Other Pro Visions Respecting The Life, Liberty, And Prop Erty Of Citizens, Provides That No State Shall "deny To Any Person Within Its Jurisdiction The Equal Protection Of The Laws." This Provision Has Been ...

Equality
Equality. Likeness In Possessing The Same Rights And Being Liable To The Same Du Ties. See 1 Toullier, Nn. 170, 193. The Word Equal Implies, Not Identity, But Duality ; The Use Of One Thing As The Measure Of Another. Kentucky & I. Bridge Co. V. R. Co., 37 Fed. ...

Equitable Assignment
Equitable Assignment. An Assign Ment Of A Chose In Action, A Thing Not In Esse, As A Mortgage Of Personal Property To Be Ac Quired In The Future, And A Mere Contingency Which, Though Not Good At Law, Equity Will Recognize. Bisph. Eq. § 164; 10 H. L. Cas. 209 ...

Equitable Mortgage
Equitable Mortgage. A Lien Upon Real Estate Of Such A Character That It Is Rec Ognized In Equity As A Security For The Pay Ment Of Money And Is Treated As A Mortgage. A Mortgage Of A Merely Equitable Estate Or Interest Is Also So Called. Such A Mortgage May ...

Equity
Equity. A Branch Of Remedial Justice By And Through Which Relief Is Afforded To Suit Ors In The Courts Of Equity. In The Broad Sense In Which This Term Is Some Times Used It Signifies Natural Justice. In A More Limited Application, It Denotes Equal Justice Between Contending Parties. This ...

Equity Of Redemption
Equity Of Redemption. A Right Which The Mortgagor Of An Estate Has Of Re Deeming It After It Has Been Forfeited At Law By The Non-payment At The Time Appointed Of The Money Secured By The Mortgage To Be Paid, By Paying The Amount Of The Debt, In Terest, And ...

Esc Heat
Esc Heat (fr. Eaclseoir, To Happen). An Accidental Reverting Of Lands To The Original Lord. Coke Says The Word "signifieth Properly When By Accident The Lands Fall To The Lord Of Whom They Are Holden, In Which Case We Say The Fee Is Escheated." And He Enumer Ates The Instances ...

Escape
Escape. The Deliverance Of A Person Who Is Lawfully Imprisoned, Out Of Prison, Before Such A Person Is Entitled To Such De Liverance By Law. Colby V. Sampson, 5 Mass. 310. The Voluntarily Or Negligently Allowing Any Person Lawfully In Confinement To Leave The Place. 2 Bish. Cr. L. § ...

Estate
Estate (lat. Status, The Condition Or Cir Cumstances In Which The Owner Stands With Reference To His Property). The Degree, Quantity, Nature, And Extent Of Interest Which A Person Has In Real Property. It Signifies The Quantity Of Interest Which A Person Has, From Absolute Ownership Down To Naked Possession ...

Estate For Life
Estate For Life. A Freehold Estate, Not Of Inheritance, But Which•is Held By The Tenant For His Own Life Or The Life Or Lives Of One Or More Other Persons, Or For An In Definite Period, Which May Endure For The Life Or Lives Of Persons In Being, And Not ...

Estoppel
Estoppel. The Preclusion Of A Person From Asserting A Fact, By Previous Conduct In Consistent Therewith, On His Own Part Or The Part Of Those Under Whom He Claims, Or By An Adjudication Upon His Rights Which He Can Not Be Allowed To Call In Question. A Preclusion, In Law, ...

Estr Epe M Ent
Estr Epe M Ent. A Common-law Writ For The Prevention Of Waste. The Same Object Being Attainable By A Mo Tion For An Injunction In Chancery, The Writ Became Obsolete In England, And Was Abol Ished By 3 & 4 Will. Iv. C. 27. The Writ Lay At Common Law ...

Et Cetera
Et Cetera (lat.). And Others ; And Other Things. See Lathers V. Keogh, 39 Hun (n. Y.) 576; Agate V. Lowenbein, 4 Daly (n. Y.) 62. The Addition Of The Abbreviation Etc. To Some Minor Provisions Of An Agreement For A Lease Does Not Introduce Such Uncertainty As To Prevent ...

Eviction
Eviction. The Damages Recoverable For An Eviction, In An Action For Breach Of Cove Nants Of Seisin And Warranty In A Deed, Are The Consideration-money, Interest Thereon, And The Costs, If Any, Of Defending The Evic Tion. This Is Not In Accordance With The Fun Damental Doctrine Of The Law ...

Eviction
Eviction. Deprivation Of The Possession Of Lands Or Tenements. Originally And Technically, The Disposses Sion Must Be By Judgment Of Liw; If Other Wise, It Was An Ouster; Lansing V. Van Al Styne, 2 Wend. (n. Y.) 563, Note ; Webb V. Alexander, 7 Wend. (n. Y.) 285 ; But ...

Evidence
Evidence. That Which Tends To Prove Or Disprove Any Matter In Question, Or To In Fluence The Belief Respecting It. Belief Is Produced By The Consideration Of Something Presented To The Mind. The Matter Thus Pre Sented, In Whatever Shape It May Come, And Through Whatever Material Organ It Is ...

Evidence And Practice
Evidence And Practice. The Rules Evi Dence, Except As To The Effect Of The Answer And The Taking Of The Testimony, Are, In Gen Eral, Similar To The Rules Of Evidence In Cases At Law. But To This There Are Exceptions. The Answer, If Made On Oath, Is Evidence For ...

Ex Post Facto Law
Ex Post Facto Law. A Statute Which Would Render An Act Pinishable In A Manner In Which It Was Not Punishable When It Was Committed. - Fletcher V. Peck, 6 Cra, (u. S.) 138, 3 L,' Ed..162; 1 Kent 408. A 'law Made To Punish Acts Committed Be Fore The ...

Examination
Examination. In Criminal Law. The Investigation By An Authorized Magistrate Of The Circumstances Which Constitute The Grounds For An Accusation Against A Person Arrested On A Criminal Charge, With A View To Discharging The Person So Arrested, Or To Securing His Appearance For Trial By The Proper Court, And To ...

Exception
Exception (lat. Emipere: Em, Out Of, Capere, To Take). A Clause In A Deed By Which The Lessor Excepts Something Out Of That Which He Before Granted By The Deed. The Exclusion Of Something From The Ef Fect Or Operation Of The Deed Or Contract Which Would Otherwise Be Included. ...

Exchange
Exchange. In Commercial Law. A Ne Gotiation By Which One Person Transfers.• To Another Funds Which He Has In A Certain Place, Either• At A Price Agreed Upon Or Which Is Fixed By Commercial Usage. This Transfer Is Made By Means Of An Instrument Which Represents Such Funds And Is ...

Excise
Excise. An Inland Imposition, Paid Sometimes Upon The Consumption Of The Com Modity, And Frequently Upon The Retail Sale. 1 Bla. Corn. 318; Story, Coast. § 950; Cooley, Tax. 4. See Oliver V. Washington Mills, 11 Allen (mass.) 268. Excises Are A Species Of Taxes, Consisting Generally Of Duties Laid ...

Excommunication
Excommunication. An Ecclesiastical Sentence Pronounced By A Spiritual Judge Against A Christian Man, By Which He Is Excluded From The Body Of The Church, And Disabled To Bring Any Action Or Sue Any Person In The Common-law Courts. Bac. Abr.; Co. Litt. 133, 134; Nance V. Busby, 91 Tenn. 303, ...

Excuse
Excuse. A Reason Alleged For The Do Ing Or Not Doing A Thing. This Word Presents Two Ideas, Differing Essentially From Each Other. In One Case An 'excuse May Be Made In Order To Show That The Party Accused Is Not Guilty ; In Another, By Showing That Though Guilty ...

Execution
Execution. The Accomplishment Of A Thing; The Completion Of An Act Or Instru Ment; The' Fulfilment Of An Undertaking. Thus, A Contract Is Executed When The Act To Be Done Is Peiformed; A Deed Is Executed When It Is Sealed, And Delivered. See Gaskill V. King, 34 N. C. 221. ...

Executive Power
Executive Power. The Power Of The Courts To Enjoin Exec Utive Officers 'rests Upon The Same Principles As Those Applicable To A Mandamus. It Is The General Rule That The Official Action Of The Executive Department Of The Government Or Of The State Cannot Be Controlled By A Writ Of ...

Executive Power
Executive Power. Authority Exer Cised By That Department Of Government Which Is Charged With The Administration Or Execution Of The Laws As Distinguished From The Legislative And Judicial Functions. " 'executive Power,' Which The Constitu Tion Declares Shall Be 'vested' In The Presi Dent, Includes Power To Carry Into Execu ...

Executor De Son Tort
Executor De Son Tort. One Who Attempts To Act As Executor Without Lawful Authority. A Person Who, Without Any Authority,' In Termeddles With The Estate Of A Decedent And Does Such Acts As Properly Belong To The Office Of Executor Or Administrator, Thereby Becoming A Sort Of Quasi Executor, Though ...

Executors
Executors. An Executor Is, As Above De Fined, A Person Charged With The Administra Tion Of The Estate Of One Who Leaves A Will. Lord Hardwicke, In 3 Atk. 301, Says, "the Proper Term In The Civil Law, As To Goods, Is Hares Testa Mentarius; And Executor Is A Barbarous ...

Executory Devise
Executory Devise. Such A Limita Tion Of A Future Estate In Lands Or Chattels As The Law Admits In Case Of A Will, Though Contrary To The Rules Of Limitation In Con Veyances At Common Law. It Is A Limitation By Will Of A Future Estate Or Interest In Lands ...

Executory Trusts
Executory Trusts. A Trust Is Called Executory When Some Further Act Is Requisite To Be Done By The Author Of The Trust To Give It Its Full Effect. See Bisph. Eq. 31; —lewin, Tr. 144. The Distinction Between Executed And Ex Ecutory Trusts Is Well Settled; Dennison V. Goehring, 7 ...

Exemption
Exemption. The Right Given By Law To A Debtor To Retain A Portion Of His Property Without Its Being Liable To Execution At The Suit Of A Creditor, Or To A Distress For Rent. In Genera], The Sheriff May Seize And Sell All The Property Of A Defendant Whicti He ...

Exhumation
Exhumation. The Exhumation Of A Body Should Be Ordered, If At All, Only On A Strong Showing That, Without Its Examina Tion, A Fraud Is Likely To Be Accomplished Which An Insurance Company Has Exhausted Every Other Legal Means Of Exposing; Gran Ger's Life Ins. Co. V. Brown, 57 Miss. ...

Exoneration
Exoneration. The Taking Off A Burden Or Duty. The Usual Use Of The Word Is In The Rule In The Distribution Of An Intestate's Estate That The Debts Which He Himself Con Tracted And For Which He Mortgaged His Land As Security, Shall Be Paid Out Of The Personal Estate ...

Expatriation
Expatriation. The Voluntary Act Of Abandoning One's Country And Becoming The Citizen Or Subject Of Another. The Right Of Expatriation Is The Right Of A Person To Transfer His Allegiance From The Country Of Which He Is A Citizen To Another Country. This Right Has Been Much Discussed. The Question ...

Expectancy
Expectancy. Contingency As To Pos Session. That Which Is Expected Or Hoped For. Frequently Used To Imply An Estate In Expectancy. Estates Are Said To Be In Possession When The Per Son Having The Estate Is In Actual Enjoyment Of That In Which Layi _estate Subsists,,or Ewpectiincy,, When The Enjoyment ...

Experts
Experts (lat. Experti, Instructed, Prov Ed By Experience). Persons Selected By The Court Or Parties In A Cause, On Account Of Their Knowledge Or Skill, To Examine, Esti Ate, And Ascertain Things And Make A Re Port Of Their Opinions. Merlin, Repert. Witnesses Who Are Admitted To Testify From A ...

Express Companies
Express Companies. Companies Or Ganized To Carry Small And Valuable Packag Es Expeditiously In Such Manner As Not To Subject Them To The Danger Of Loss And Dam Age Which To A Greater Or Less Degree Attends The Transportation Of Heavy Or Bulky Artieles Of Commerce. Southern Express Co. V. ...

Expulsion
Expulsion (lat. Expellere, To Drive Out). The Act Of Depriving A Member Of A Body Politic Or Corporate, Or Of A Society, Of His Right Of Membership Therein, By The Vote Of Such Body Or Society, For Some Violation Of His Duties As Such, Or For Some Offence Which Renders ...

Extent
Extent. A Writ, Issuing From The Ex Chequer, By Which The Body, Goods, And Lands Of The Debtor May All Be Taken At Once To Satisfy The Judgment. It Is So Called Because The Sheriff Is To Cause The Lands To Be Appraised At Their Full Extended Value Before He ...

Extinguishment
Extinguishment. The Destruction Of A Right Or Contract. The Act By Which A Con Tract Is Made Void. The Annihilation Of A Collateral Thing Or Subject In The Subject It Self Out Of Which It Is Derived. Prest. Merg. 9. For The Distinction Between An Extin Guishment And Passing A ...

Extortion
Extortion. The Unlawful Taking By Any Officer, By Color Of His Office, Of Any Mon Ey Or Thing Of Value That Is Not Due To Him, Or More Than Is Due, Or Before It Is Due. 4 Bla. Corn. 141; Com. V. Saulsbury, 152 Pa. 554, 25 Au. 610; 1 ...

Extradition
Extradition. (lat. Ex, From, Traditio, Handing Over). The Surrender By One Sover Eign State To Another, On Its Demand, Of Per Sons Charged With The Commission Of Crime Within Its Jurisdiction, That They May Be Dealt With According To Its Laws ; The Sur Render Of Persons By One Federal ...

Facto
Facto. There Is Nothing In The Constitution Of The United States Which Forbids The Legislature Of A State From Exercising Judicial Functions; Satterlee V. Matthewson, 2 Pet. (u. S.) 380, 7 L. Ed. 458. In Most Of The Cases Above Referred To The Distinction Between Judicial And Legis Lative Power ...

Fair
Fair. A Public Mart Or Place Of Buying Or Selling. 1 Bla. Com. 274. A Greater Spe Cies Of Market, Recurring At More Distant In Tervals. Though Etymologically Signifying A Mar Ket For Buying And Selling Exhibited Arti Cles, It Includes A Place For The Exhibition Of Agricultural And Mechanical ...

False Imprisonment
False Imprisonment. Any Unlawful Restraint Of A Man's Liberty, Whether In A Place Made Use Of For Imprisonment General Ly, Or In One Used Only On The Particular Oc Casion, Or By Words And An Array Of Force, Without Bolts Or Bars, In Any Locality What Ever. 1 Bish. Cr. ...

False Pretences
False Pretences. False Representa Tions And Statements, Made With A Fraudulent Design To Obtain "money, Goods, Wares, And Merchandise," With Intent To Cheat. 2 Bou Vier, Inst. N. 2308. A Representation Of Some Fact Or Circum Stance Calculated To Mislead, Which Is Not True. Com. V. Drew, 19 Pick. (mass.) ...

Falsely
Falsely. Under A Statute Making It A Misdemeanor "wilfully To Make A False An Swer," An Indictment Charging That One "falsely And Fraudulently Answered," Is Bad For Omitting "wilfully ;" 1 Den. C. C. 157. In An Indictment For Forgery The Averment That Defendant Swore Falsely Was Held Insuffi Cient, ...

Family Arrangement
Family Arrangement. An Agree Ment Made Between A Father And His Son, Or Children, Or Between Brothers, To Dispose Of Property In A Different Manner To That Which Would Otherwise Take Place. In These Cases, Frequently, The Mere Rela Tion Of The Parties Will Give Effect To Bar Gains Otherwise ...