And (III.) The Exclusive, relating to- (c.) The equitable rights of wives. (9.) The appointment of receivers. (h.) Charities or Public Trusts. EQUITY COURTS. See CHANCERY. EQUITY OF REDEMPTION. There is no clearer instance of the beneficent interposition of municipal equity to supply the deficiencies of a strict common law, than its operation on the conscience of a mortgagee, who, although he has become absolute owner of the legal estate in the pledged property (no matter how much its value might exceed the loan), on account of the breach of the condition for repayment of the loan within the strict time, yet is compelled to reconvey the legal estate to the mortgagor, who applies to equity to redeem it before foreclosure, and within 20 years of the last written acknowledgment (3 & 4 Wm. IV. c. 27, s. 28), on payment of the principal, interest and costs, equity treating the breach of the condition as a penalty which it abhors; and the retention for the mortgagee's own benefit of that which was intended simply as a pledge, as contrary to the soul and spirit of substantial justice. This right or equity of redemption is, in the contemplation of the Court of Chancery, the ancient estate in the property without change of ownership. It is therefore subject to all the limitations to which other equitable estates are liable. It is treated as an equitable asset. While an equity of redemption of a mortgage in fee is liable to forfeiture for treason only; the equity of redemption of a mortgage by demise is forfeitable for felony as well as treason. An equity of redemption may be mortgaged toties quoties, until it is barred by a decree in equity, and each incumbrancer of it has preference according to his priority in time. The following dangers and disadvantages attend this species of security : That a prior mortgagee may be postponed to a subsequent mortgagee, who, having advanced the loan without notice of such prior mortgagee, afterwards acquires the legal estate. That the first mortgagee may, either before or after the mortgage of the equity of redemption, in the absence of any notice of it, make further advances and tack them to his first security, to the displacement of the mesne mortgage. In order to guard against this disparagement, the mortgagee of an equity of redemption should not only inquire of the first mortgagee the amount of his loan, but must give him express notice of his own advance. And notice of it should be put on the principal title-deed, in order to avoid the chance of the mortgagor redeeming the first mortgage, and conveying the legal estate to a person without notice of the mesne mortgage, who would thus gain a preference to such unintimated equitable mortgage. That the mortgagor may have secretly effected a prior charge on the equity of redemption. And although the perpetration of so gross a fraud would forfeit his equity of redemption pursuant to 4 & 5 Wm. III. c. 16, yet this will be small consolation to such a mortgagee. That such a mortgagee has not any legal remedy, so as to affect the estate itself, but only equitable relief. [4 Kent's Com. 151-170.] EQUITY OF À STATUTE, the reason and spirit of a statute, and not its mere letter. EQUITY TO A WIFE'S SETTLEMENT. While our common law permits a husband to possess himself absolutely of the whole of his wife's personal property and the profits of her realty, and affords him every facility to enforce his right thereto, in consideration of the obligation which, upon marriage, he contracts of maintaining her and his children by her; yet, inasmuch as the common law is defective in not possessing any means of insuring the performance of the duty imposed upon the husband, since, in many cases, he might have it in his power to alien all the property to which he is entitled jure mariti, or upon his becoming bankrupt or insolvent it would vest in his assignees for the benefit of his creditors, and thus his wife, however great may have been her fortune, might, with her children, be left utterly destitute; equity exercises its parental care, and compels him, whenever he or any person claiming in his right, is obliged to sue for the recovery of the wife's property in chancery, to make a settlement of some portion of it, which is entirely in the discretion of the court (unless it be under 2001., or 107. in annual payments, and the husband is not insolvent), on his wife (provided her conduct have been proper and virtuous, and she is otherwise unprovided for), as its condition for giving him assistance, since "he who asks equity must do equity;" and the court will enforce this right, whether the wife be a plaintiff or defendant in the proceedings. The general rule is to settle one-half, but the whole will be settled, if the husband be insolvent or have deserted his wife, or there has been a dissolution of marriage on the ground of his adultery.—Barrow v. Barrow, 3 Eq. Rep. 149 (1854); Morgan v. Morgan, 2 Eq. Rep. 1270 (1854). And The court will not, at the present day, in judging of the wife's right to a settlement, take into account what the husband has already received. Recent decisions have quite overturned this notion, which was once entertained. the wife of a man who is domiciled in a country according to the law of which he is absolutely entitled to all her personal property of whatever nature, has not equity to a settlement out of an equitable chose en action in England. The court will not settle the reversionary interest of a married woman, but a supplemental bill must be filed when the interest falls into possession. Should he refuse to make the settlement directed, the court will preserve the capital of the property for the wife and children, and order the interest to be accumulated for her benefit, should he have had a large portion through the wife, which he had spent, unless indeed he be actually starving for want of a maintenance. If the husband desert his wife, and leave her destitute, equity will not allow him to touch either the principal or income of the property, but will direct a maintenance from it for the wife and children (if any). And maintenance will sometimes be given to the wife where she has been obliged to leave her husband on account of his cruelty. Equity will also direct a settlement to be made on the wife out of her equitable estate, upon her own application, through her next friend, against her husband, or those claiming under him. If, however, before any proceeding in Chancery be commenced, the property be paid or transferred to the husband, it will then be too late to apply to the court for its aid to insist upon a settlement out of it on the wife and children. But a settlement cannot be thus avoided after proceedings have been initiated. If the wife be of full age, and had not been a ward of court, married without its consent, she can waive her equity, and that of her children, to a settlement, and consent that the whole property be given up to her husband. It was made of wood, having holes at certain EREGIMUS (we have erected.) ERIACH (Irish), recompense for murder.Spenser's Ireland. ERN (locus secretus, Lat.), the names of places ending in ern, are said to imply a melancholy situation. EROTOMANIA (fr. pws, love, and μavía, frenzy), mental alienation caused by love. Some writers called it Erotico-mania, or Nympho ERRANT (itinerant), applied to justices on circuit, and bailiffs at large, &c. See EYRE. ERRATICUM, a waif or stray. If a wife wish to waive her equity to a settle-mania. ment, her consent to her husband having her property must be formally taken upon her examination in court, or under a commission issuing from the court. Where the wife waives her equity to a settlement, and consents to her husband having her property, an affidavit must be made by the husband and wife, either that there was no settlement upon their marriage, or if there was a settlement, it should be produced, and an affidavit made by the husband and wife that there was no other settlement, and that the settlement itself does not affect the property which the wife consents to her husband having. The settlement directed by the court usually extends to the children; but the equity to a settlement is strictly personal to the wife. If, therefore, she die before asserting her right, her children cannot insist upon a settlement. When the wife has entered into a contract, or has obtained a decree for a settlement, the interests of the children will not then be defeated if she die without waiving it. The court will not render any assistance to a wife who leaves her husband without adequate cause, or who has been guilty of adultery. If the husband, prior to the marriage, settle property upon his wife, either expressly or impliedly, in consideration of the fortune she then is, or may afterwards become entitled to, the wife being a party to such settlement, she will not be entitled to any settlement out of her equitable property, whether her husband's settlement be adequate or not, for he has then become the purchaser of his wife's property; but if his settlement be made after marriage in consideration of his wife's equitable property, then if it be not adequate, the court will allow the wife a further settlement out of such equitable estate. Lady Elibank v. Montolieu, 5 Ves. 737 (1801), and Murray v. Lord Elibank, 10 Ves. 84 (1804), and 13 Ves. 1 (1806), and 1 White and Tudor's Lead. Cases, 285-323. It is becoming the practice, when the property is small, to order it into court, and the dividends to be paid to the wife during her life; this saves the costs of a settlement. EQUULEUS, a kind of rack for extorting confessions, at first chiefly practised on criminals, but afterwards made use of against the Christians. ERROR. Error must be brought within six years after judgment, allowing six years after the disabilities of infancy, coverture, lunacy, or absence beyond seas. The writ of error is abolished, and a memorandum of the error in law delivered to the master is in lieu of it; the master files it, and gives a note of its receipt, a copy of which, and a statement of the grounds of error, being served on the opposite party or his attor ney, supersedes the execution, upon proper bail being given within four clear days after lodging the memorandum alleging error. The assignment of and joinder in error in law are not necessary; but a suggestion to the effect that error is alleged by the one party, and denied by the other, is entered on the judgment-roll in the form prescribed by the act. If the defendant in error, however, intend to rely upon the proceeding in error being barred by lapse of time, or by release of error, or other like matter of fact, he may give four days' written notice to the plaintiff in error, to assign error as heretofore, instead of entering the suggestion; and he must, within eight days, plead thereto the bar by lapse of time, or release of error, or other like matter of fact; and thereupon such proceedings may be had as heretofore. The roll is made up, and the suggestion entered by the plaintiff in error within ten days after the service of the note, otherwise the defendant may sign judgment of non pros. The judgment-roll is now brought into court instead of a transcript. Either party alleging error in fact may deliver to one of the masters a memorandum in the form prescribed by the act, intituled in the court and cause, and signed by the party or his attorney, alleging that there is error in fact in the proceedings, together with an affidavit of the matter of fact in which the alleged error consists; the master files them, and delivers to the party lodging them a note of their receipt, a copy of which note and affidavit is served on the opposite party or his attorney; and such service has the same effect, and the same proceedings may be had thereafter as heretofore had after the service of the rule for allowance of a writ of error in fact. Plaintiff may discontinue his proceedings in error upon giving notice, and a defendant may confess the error, and consent to a reversal of the judgment. Neither death nor marriage abates the proceedings.-15 & 16 Vict. c. 76, ss. 146-167; Gen. R. 64-69. Error in law lies from the Queen's Bench, Common Pleas, and Exchequer of Pleas, to the Exchequer Chamber, and thence to the House of Lords, after affirmance or reversal in the Exchequer Chamber. Error will also lie from inferior courts of record, where the proceedings are according to the course established by the common law, to the Court of Queen's Bench, and then to the House of Lords after judgment of inferior court affirmed or reversed in Queen's Bench. Where there is any error in the process, or the error is in fact, and not in law, error lies to the same court to examine its own record and rectify the error. For the practice, see 1 Chit. Arch. Prac. by Pren. 518 et seq. [Troubat & Haly's Practice.] As to error in criminal cases : After a judgment given against a prisoner, either at sessions or the assizes, if there be a substantial defect in the indictment, or error apparent on the record, such judgment may be reversed by the Queen's Bench. But it is necessary previously to obtain the attorney-general's fiat: which, in misdemeanors, on sufficient cause shown, is granted as a matter of course; but in felonies, it is granted only ex mera gratia. See 8 & 9 Vict. c. 68; 11 & 12 Vict. c. 78; and 16 & 17 Vict. c. 32. Error fucatus nudâ veritate in multis est probabilior; et sæpenumero rationibus vincit veritatem error. 2 Co. 73. (Varnished error is in many things more probable than naked truth; and very frequently error conquers truth by reasoning.) [Error juris nocet. Error of law is injurious.] Error, qui non resistitur, approbatur. Doct. and Stud. c. 70. (An error, which is not resisted, is approved.) Errores ad sua principia referre, est refellere. (To refer errors to their principles, 3 Inst. 15. is to refute them.) Errores scribentis nocere non debet. Jenk. Cent. 324. (The mistakes of one writing ought not to harm.) ERRORS EXCEPTED, a phrase appended to an account stated, in order to excuse slight mistakes. ERTHMIOTUM, a meeting of the neighborhood to compromise differences amongst themselves; a court held on the boundary of two lands.-Leg. Hen. I. c. 57. Erubescit lex filios castigare parentes. 8 Co. 116. (The law blushes when children correct their parents.) ESBRANCATURA, cutting off branches or boughs in forests, &c.-Hov. 784. ESCALDARE, to scald. It is said that to scald hogs was one of our ancient tenures in sergeanty. Lib. Rub. Scaccar' MS. 137. ESCAMBIO (fr. cambier, Span., to change), a license granted to make over bills of exchange to another beyond the sea. Abolished by 59 Geo. III. c. 49, s. 11. ESCAPE (fr. échapper, Fr., to fly from), a violent or private evasion out of some lawful restraint; as where a man is arrested or imprisoned, and gets away before he is delivered by due course of law. Escapes are either in civil or criminal cases. (1.) Civil. They are either voluntary, by the express consent of the keeper, after which he never can take his prisoner again (though the plaintiff may retake him at any time), but the sheriff must answer for the debt, and he has no remedy over against the person escaping; or, negligent, where a prisoner escapes without his keeper's knowledge or consent, and then upon fresh pursuit the defendant may be retaken, even on a Sunday, and the sheriff shall be excused, if he have him again, before any action brought against himself for the escape. If the sheriff carry a defendant in his custody out of the county, except in conveying him by the most convenient route to the county gaol, he will be guilty of suffering an escape, and might even be liable to an action by the defendant for a false imprisonment.-3 Bl. Com. 415. (2.) Criminal. An escape of a person lawfully arrested for felony or misdemeanor, is an offence against public justice, and punishable by fine or imprisonment. Officers and others negligently permitting a felon to escape are punishable by fine, but voluntarily permitting an escape amounts to the same kind of offence, and is punishable in the same degree as the offence of which the prisoner is guilty, and for which he is in custody, whether treason, felony, or trespass; although, before the conviction of the principal party, the officer thus neglecting his duty may be fined and imprisoned for a misdemeanor.-4 Step. Com. 294. ESCAPE-WARRANT, a process addressed to all sheriffs. &c., throughout England, to_retake an escaped prisoner, even on a Sunday, and commit him to proper custody.-1 Anne c. 6. ESCAPIO QUIETUS, delivered from that punishment which, by the laws of the forest, lies upon those whose beasts are found within the land where forbidden. ESCAPIUM, that which comes by chance or accident.-Cowel. ESCEPPA, a measure of corn. ESCHEAT (eschet or échet, formed from the word eschoir or échoir, Fr., to happen), a species of reversion: it is a sort of caducary inheritance, and a fruit of seignory, the lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus hæres upon the failure, natural or legal, of the intestate tenant's family. An escheat is partly in the nature of a purchase as well as of a descent; it is a purchase so far as it is necessary for the lord to enter on the reverted property, in order to complete his full ownership of it; and it is a descent, because the escheated estate follows the seignory, and is inherited along with it, by the lord's heir-at-law. The lord, on the escheat, takes the estate by a title paramount to the tenant, since he is in of an estate, out of which the tenant's interest was originally derived or carved. It is then a mixed title, being neither a pure purchase nor a pure descent, but in some measure compounded of both. It differs from a forfeiture, in that the latter is a penalty for a crime personal to the offender, of which the Crown is entitled to take advantage by virtue of its prerogative; while an escheat results from tenure only, and arises from an obstruction in the course of descent; it originated in feudalism, and respects the intestate's succession. So, while the forfeiture affects the rents and profits only, escheat operates on the inherit ance. Escheat arises, then, where there is not any heir-at-law, which may be either by defect of lineage, whereby the descent is at an end (ob defectum sanguinis, or tenentis in the case of an alien); or by the commission of treason or felony (pro delicto tenentis). It arises from default of heirs, when the tenant dies without, any lawful and natural-born relations on the part of any of his ancestors, or when he dies without any lawful and naturalborn relations on the part of those ancestors from whom the estate descended, or where the intestate tenant, having been a bastard or denizen, does not leave any lineal descendants, since he cannot have any collateral descendants. It arises from corruption of blood, when the tenant has been attainted of treason or murder. The following things escheat, viz: a fee-simple; an estate-tail, where the tenant-in-tail has in himself the reversion in fee, otherwise the estate would pass to the reversioner; and a copyhold. The following things do not escheat, viz: gavelkind, propter delictum tenentis; a rentcharge; a right of common, free warren, or indeed any kind of inheritance which does not lie in tenure, because they rather become extinct; a trust estate, for where the beneficiary dies without heirs, the trustee shall retain the land for his own benefit; an estate given to a corporation and their successors, for it reverts to the donor on the corporation being dissolved, unless perhaps it had been granted over to another before the dissolution; an equity of redemption; and money to be laid out in land. The lord by escheat may distrain for rent as incident to the reversion; but he cannot take advantage of a condition for re-entry, because he is not heir to the lessor; he is also entitled to outstanding terms, and to all the charters, &c., yet he is liable to the incumbrances of the last tenant, because they are annexed to the possession of the land, without regard to any privity; he is, however, not bound to execute a trust. Since the lord's right to an escheat arises solely from the want of a tenant, it follows that an alienation either by deed or will, by the tenant, will bar the escheat. If an infant make a feoffment in person, and then die heirless, the estate will not escheat; but if the livery of seisin be made by attorney, that will not prevent the estate from escheating propter defectum sanguinis, neither will a mere contract for sale bar the lord. The statute-law has made an exception to the general law of escheat in the case of a trustee or mortgagee dying intestate and heirless, for the protection of the beneficiaries or mortgagor. See 13 & 14 Vict. c. 60, ss. 14, 15, 16, 19, 46, 47. A descent can be traced through an attainted ancestor. The law of escheat is seldom called into action in modern times, and when its application is required, the Crown usually waives its prerogative by making a grant, in order to restore the estate to the family of the attainted person, or to effectuate any disposition of it, which the former tenant may have contemplated.—7 Ves. 71. [4 Kent's Com.] Eschaeta derivatur à verbo Gallico eschoir, quod est accidere, quia accidit domino ex eventu et ex insperato. Co. Litt. 93. (Escheat is derived from the French word eschoir, which signifies to happen, because it falls to the lord from an event and from an unforeseen circumstance.) Eschaeta vulgo dicuntur quæ decidentibus iis quæ de rege tenent, cum non existit ratione sanguinis hæres, ad fiscum relabuntur. Co. Litt. 13. (Those things are commonly called escheats which revert to the exchequer from a failure of issue in those who hold of the king, when there does not exist any heir by consanguinity.) ESCHEATOR (fr. escaetor, Lat.), an officer anciently appointed by the lord treasurer, &c., in every county, to make inquest of titles by escheat, which inquests were to be taken by good and lawful men of the county, impanelled by the sheriff.-4 Inst. 225. ESCHECCUM, a jury or inquisition. ESCOT (Fr.), a tax formerly paid in boroughs and corporations towards the support of the community, which is called scot and lot. ESCROW, a writing delivered to a third person, to become the deed of the party making it upon a future condition, when a certain thing is performed, and then it is to be delivered to the party to whom made. It is indeed a scrowl or writing, which is not to take effect as a deed till a condition be performed.-Co. Litt. 36. See DELIVERY OF DEED. ESCUAGE (fr. escu, Fr., a shield), a pecuniary instead of a military service. This kind of feudal tenure was called scutagium in Latin, or servitium scuti (the service of the shield), scutum being then a well-known denomination for money.-Co. Litt. 68, b. ESCURARE, to scour or cleanse. ESKETORES, robbers or destroyers of other men's lands and fortunes. ESKIPPAMENTUM, skippage; tackle or ship furniture. ESKIPPER, to ship. ESKIPPESON, shipping or passage by sea. ESLISORS. See ELISORS. ESNE, a hireling of servile condition. ESNECY (fr. cesnesia, Lat.), a private prerogative allowed to the eldest coparcener, where an estate is descended to daughters for want of an heir male to choose after the inheritance is divided.-Fleta, 1. 5, c. 10. ESPLEES (fr. expletive, Lat.), the products which ground or land yield; as the hay of meadows, herbage of pasture, corn of arable, rents, services, &c.; also the lands, &c., themselves.Termes de la Ley. ESPOUSALS (fr. sponsalia, Lat., espouse, Fr.), the act of contracting or affiancing a man or woman to each other; the ceremony of betrothing. ESQUIRE (fr. escuyer, Fr., scutum, Lat., OXUTOS, Gk., a hide of which shields were made and afterwards covered), he who attended a knight in time of war, and carried his shield; whence he was called escuyer in French, and scutifer or armiger, i. e., armor-bearer, in Latin. No estate, however large, confers this rank upon its owner. Esquires may be divided into five classes: he who does not belong to one or other of them may, or may not be a gentleman, but is no esquire. (I.) The younger sons of peers and their eldest sons. (II.) The eldest sons of knights and their eldest sons. (III.) The chiefs of ancient families are esquires by prescription. Gilb. 14. It is the duty of a good judge to amplify jurisdiction.) Est ipsorum legislatorum tanquam viva vox ; rebus et non verbis legem imponimus. 10 Co. 101. (It is the characteristic of legislators themselves, as though they were a living voice; we impress law by actions, not by words.) Est quiddam perfectius in rebus licitis. Hob. 159. (There is something more perfect in things allowed.) ESTACHE (fr. estacher, Fr., to fasten), a bridge or stank of stone or timber.-Cowel. ESTANDARD, ESTENDART, or STANDARD, an ensign for horsemen in war. ESTANQUES, wears or kiddles in rivers. ESTATE (fr. status, Lat., état, Fr.), the condition and circumstance in which an owner stands with regard to his property. It is used in two senses: (1.) technically, as the quantity of interest in realty owned by a person; and, (2.) popularly as the realty itself. It is either legal, customary, or equitable. Blackstone considers legal estates in a three (1.) The quantity of interest or duration, divided into (IV.) Esquires by creation or office. Such are the heralds, and sergeants-at-arms, and some others, who are constituted esquires by receiv-fold view, thus:ing a collar of S. S. Judges and other officers of state, justices of the peace, and the higher naval and military officers are designated esquires in their patents and commissions. Doctors in the several faculties, and barristers-atlaw, are considered as esquires, or equal to esquires. None of these offices convey gentility to the posterity of the holders. (V.) The last kind of esquires are those of Knights of the Bath, each of whom appoints two to attend upon him at his installation, and at coronations. ESSARTUM, woodlands turned into tillage by uprooting the trees and removing the underwood.-Old Records. ESSENDI QUIETUM DE TOLONIO, a writ to be quit of toll; it lies for citizens and burgesses of any city or town, who by charter or prescription, ought to be exempted from toll, where the same is exacted of them.-Reg. Orig. 258. ESSOIN, ASSOIGN (fr. essonium, Lat., essoine, Fr.), an excuse for him who is summoned to appear and answer to an action, or to perform suit to a court-baron, &c., by reason of sickness or infirmity, or other just cause of absence. Formerly the first general return day of the term was called the essoign day, because the court sat to receive essoigns; but when essoigns were no longer allowed to be cast, i. e., obtained, in personal actions, the court discontinued such sittings. Still it was considered the essoign day for many purposes, until the 11 Geo. IV. and 1 Wm. IV. c. 70, s. 6, did away with the essoign day for all purposes, as part of the term.-1 Chit. Arch. Prac. by Pren. 142. Est aliquid quod non oportet etiam si licet; quicquid verò non licet certè non oportet. Hob. 159. (There is that which is not proper, even though permitted: but whatever is not permitted is certainly not proper.) Violence [Est autum vis, legem simulans. may also put on the mask of the law.] Est boni judicis ampliare jurisdictionem. (A.) freeholds of inheritance, which are subdivided into (a) Absolute, or fee-simple. (3) Limited fees; which are (a.) qualified or base fees, and (b.) fees conditional at the common law, afterwards called fees-tail, in consequence of the Statute de Donis, which may be (i.) general or special, (ii,) male or female, (iii.) given in frank marriage. (B.) Freeholds not of inheritance, subdivided into (a) Conventional, or created by the act of the parties they are (a.) estates for one's own life, (b.) estates pur auter vie, (c.) general grant, without expressing any term at all. (3) Legal, or created by operation of law: they are (a.) tenancy in tail after possibility of issue extinct, (b.) tenancy by the courtesy of England, (c.) tenancy in dower. (C,) Estates less than freehold, subdivided into (a) Estates for years. (3) Estates at will. (y) Estates at sufferance. (D.) Estates upon condition, subdivided in to (a) Estates upon condition implied. (3) Estates upon condition expressed, and these are either precedent or subsequent : (a.) precedent, which must be performed before an estate can vest or be enlarged; (b.) subsequent, which by the failure or non-performance of which, defeats an estate already vested; such are (i.) estates held in vadio, gage, or pledge, which are of two kinds, vivum vadium, or living pledge or vifgage, and mortuum vadium, dead pledge or mortgage; (ii.) estates by statute merchant or statute staple; (iii.) estates by elegit. (2.) The time of enjoyment either (B.) in expectancy, subdivided into (a) Remainders created by convention of |