Blacks Law Dict. 1st ed

ENTRY, ETC.

EPIDEMIC

425

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 they arrived at the issue or precise point in dispute between them. During the progress of this oral state ment, a minute of the various proceedings was made on parchment by an officer of the court appointed for that purpose. The parch ment 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 parch ment roll, and this was called "entry on the roll," or making up the "issue roll." But by a rule of H. T. 4 Wm. IV., the practice of making up the issue roll was abolished; and it was only necessary to make up the is sue in the form prescribed for the purpose by a rule of H. T. 1853, and to deliver the same to the court and to the opposite party. The issue which was delivered to the court was called the "nisi prius record;" and that was regarded as the official history of the suit, in like manner as the issue roll formerly was. Under the present practice, the issue roll or nisi prius record consists of the papers deliv ered to the court, to facilitate the trial of the action, these papers consisting of the plead ings simply, with the notice of trial. Brown. ENTRY WITHOUT ASSENT OF THE CHAPTER. A writ of entry sine assensu capituli lies where an abbot, prior, or such as hath covent or common seal, aliens lands or tenements of the right of his church, without the assent of the covent or chapter, and dies. Termes de la Ley. ENTRY, WRIT OF. In old English practice. This was a writ made use of in a form of real action brought to recover the possession of lands from one who wrongfully withheld the same from the demandant. Its object was to regain the possession of lands of which the demandant, or his ancestors, had been unjustly deprived by the tenant of the freehold, or those under whom he claimed, and hence it be longed to the possessory division of real actions. It decided nothing with respect to the right of property, but only restored the demandant to that situation in which he was (or by law ought to have been) before the dispossession committed. 3 BL Comm. 180. It was usual to specify in such writs the degree or degrees within which the writ was brought, and it was said to be "in the per" or "in the per and cui," aooording as there had been one or two descents or alienations from the original wrong doer. If more than two such transfers had inter vened, the writ was saidtobe "in the post." See 8 BL Comm. 181.

Enumeratio infirmat regulam in casi bus non enumeratis. Enumeration disaf firms the rule in cases not enumerated. Bac. Aph. 17. Enumeratio unius est exclusio alte rius. The specification of one thing is the exclusion of a different thing. A maxim more generally expressed in the form "expressio unius est exclusio alterius," (q. v.) ENUMERATORS. Persons appointed to collect census papers or schedules. 33 & 34 Viet. c. 108, § 4. ENURE. To operate or take effect. To serve to the use, benefit, or advantage of a person. A release to the tenant for life enures to him in reversion; that is, it has the same effect for him as for the tenant for life. Often written "inure." ENVOY. In international law. A pub lic minister of the second class, ranking next after an ambassador. Envoys are either ordinary or extraordi nary; by custom the latter is held in greater consideration. EO INSTANTE. At that instant; at the very or same instant; immediately. 1 Bl. Comm. 196, 249; 2 BL Comm. 168; Co. Litt. 298a; 1 Coke, 138. EO INTUITU. With or in that view; with that intent or object. Hale, Anal. §2 EO LOCI. In the civil law. In that state or condition; in that place, (00 loco.) Calvin. EO NOMINE. Under that name; by that appellation. Perinde ac si eo nomine tibi tradita fuisset, just as if it had been de* livered to you by that name. Inst. 2, 1, 43. A common phrase in the books. Eodem ligamine quo ligatum est dis solvitur. A bond is released by the same formalities with which it is contracted. Co. Litt. 212&; Broom, Max. 891. Eodem modo quo quid constituitur, dissolvitur. In the manner in which [by the same means by which] a thing is consti tuted, is it dissolved. 6 Coke, 536. EORLE. In Saxon law. An earl. EOTH. In Saxon law. An oath. EPIDEMIC. This term, in its ordinary and popular meaning, applies to any disease which is widely spread or generally prevail

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