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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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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.

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. Less...
ESSOIN
v. In old English practice. To present or offer an excuse for not appearing in court on an appointed day in obedience to a summons; to cast an essoin. Spelman. This was anciently done by a person whom the party sent for that purpose, called an "essoiner."

v. In old English practice. To present or offer an excuse for not appearing in court on an appointed day in obedience to a summons; to cast an essoin. Spelman. This was anciently done by a person whom the party sent for that purpose, called an "essoiner." Less...
ESSOIN
n. In old English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse. Spelman; 1 Sel. Pr. 4; Com. Dig. "Exoine," B 1. Essoin Is not now allowed at all in personal actions. 2 Term, 16; 16 East, la; 3 Bl. More...

n. In old English law. An excuse for not appearing in court at the return of the process. Presentation of such excuse. Spelman; 1 Sel. Pr. 4; Com. Dig. "Exoine," B 1. Essoin Is not now allowed at all in personal actions. 2 Term, 16; 16 East, la; 3 Bl. Comm. 278, note. -Essoin day. Formerly the first general return-day of the term, on which the courts sat to receive essoins, i. e., excuses for parties who did not appear in court, according to the summons of writs. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gilb. Com. PI. 13; 1 Tidd, Pr. 107. But, by St. 11 Geo. IV. and 1 Wm. IV. c. 70, s 6, these days were done away with, as a part of the term.-Essoin de malo villae is when the defendant is in court the first day; but gone without pleading, and being afterwards surprised by sickness, etc.. cannot attend, but sends two essoiners, who openly protest in court that he is detained by sickness in such a village, that he cannot come pro luorari and pro perdere; and this will be admitted, for it lieth on the plaintiff to prove whether the essoin is true or not. Jacob.-Essoin roll. A roll upon which essoins were formerly entered, together with the day to which they were adjourned. Boote, Suit at Law, 130; Rose. Real Act. 162, 163; Gilb. Com. PI. 13. Less...
ESSOINIATOR
A person who made an essoin. Est aliquid quod non oportot etiam si Uoet; quicquid vero non licet certe non oportot. Hob. 159. There is that which is not proper, even though permitted; but whatever is not permitted Is certainly not proper.

A person who made an essoin. Est aliquid quod non oportot etiam si Uoet; quicquid vero non licet certe non oportot. Hob. 159. There is that which is not proper, even though permitted; but whatever is not permitted Is certainly not proper. Less...
EST ASCAVOIR
It is to be understood or known; "it is to-wit." Litt. ss 9, 45, 46, 57, 59. A very common expression in Littleton, especially at the commencement of a section; and, according to Lord Coke, "it ever teacheth us some rule of law, or general or sure leading point" Co. More...

It is to be understood or known; "it is to-wit." Litt. ss 9, 45, 46, 57, 59. A very common expression in Littleton, especially at the commencement of a section; and, according to Lord Coke, "it ever teacheth us some rule of law, or general or sure leading point" Co. Litt 16. Est autem jus publicum et privatum, quod ex naturalibus praceptis aut gentium, aut civilibus est collectum; et quod in jure scripto jus appellatur, Id in lege Anglisa rectum esse dicltur. Public and private law is that which is collected from natural precepts, on the one hand of nations, on the other of citizens; and that which in the civil law Is called "jus," that in the law of England, is said to be right Co. Litt. 558. Est autem vis legem simulans. Violence may also put on the mask of law. Est Ipsorum legislatorum tanquam viva vox. The voice of the legislators themselves is like the living voice; that is, the language of a statute is to be understood and interpreted like ordinary spoken language. 10 Coke, 101b. Est quiddam perfecting in rebus tteitis. Hob. 159. There is something more perfect in things allowed. Less...
ESTABLISH
This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably ; as to establish justice, which is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule More...

This word occurs frequently in the constitution of the United States, and it is there used in different meanings: (1) To settle firmly, to fix unalterably ; as to establish justice, which is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unalterably established as Justice. (3) To found, to create, to regulate; as: ''Congress shall have power to establish post-roads and post-offices." (4) To found, recognize, confirm, or admit; as: "Congress shall make no law respecting an establishment of religion." (5) To create, to ratify, or confirm ; as: "We, the people," etc., "do ordain and establish this constitution." 1 Story, Const. s 454. And see Dickey v. Turnpike Co., 7 Dana (Ky.) 125; Ware v. U. S., 4 Wall. 632, 18 L. Ed. 889; D. S. v. Smith, 4 N. J. Law, 33. Establish ordinarily means to settle certainly, or fix permanently, what was before uncertain, doubtful, or disputed. Smith v. Forrest, 49 N. H. 230. Less...
ESTABLISHMENT
An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. I. 2 Inst 156; Britt c. 21.

An ordinance or statute. Especially used of those ordinances or statutes passed in the reign of Edw. I. 2 Inst 156; Britt c. 21. Less...
ESTABLISHMENT OF DOWER
The assurance of dower made by the husband, or his friends, before or at the time of the marriage. Britt cc. 102, 103.

The assurance of dower made by the husband, or his friends, before or at the time of the marriage. Britt cc. 102, 103. Less...
ESTACHE
A bridge or stank of stone or timber. Cowell.

A bridge or stank of stone or timber. Cowell. Less...
ESTADAL
In Spanish law. In Spanish America this was a measure of land of six-teen square varas, or yards. 2 White, Recop. 139.

In Spanish law. In Spanish America this was a measure of land of six-teen square varas, or yards. 2 White, Recop. 139. Less...

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