Blacks Law Dict. 1st ed

ERUBESCIT LEX FILIOS> ETC.

431

ESCHEATOR

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. Eschsetse vulgo dicuntur quae deci deritibus iis quae de rege tenent, cum non existit ratione sanguinis hseres, 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. ESCHEAT. In feudal law. Escheat is an obstruction of the course of descent, and consequent determination of the tenure, by some unforeseen contingency, in which case the land naturally results back, by a kind of reversion, to the original grantor, or lord of the fee. 2 Bl. Comm. 15. It is the casual descent, in the nature of forfeiture, of lands and tenements within his manor, to a lord, either on failure of issue of the tenant dying seised or on account of the felony of such tenant. Jacob. Also the land or fee itself, which thus fell back to the lord. Such lands were called "excadentice," or u terras excadentiales." Fleta, lib. 6, c. 1; Co. Litt. 13a. In American law. Escheat signifies a reversion of property to the state in conse quence of a want of any individual competent to inherit. The state is deemed to occupy the place and hold the rights of the feudal lord. See 4 Kent, Comm. 423, 424. "Escheat at feudal law was the right of the lord of a fee to re-enter upon the same when it became vacant by the extinction of the blood of the tenant. This extinction might either be per defectum san guinis or else per delictum tenentis, where the course of descent was broken by the corruption of the blood of the tenant. As a fee might be holden either of the crown or from some inferior lord, the escheat was not always to the crown. The word 'escheat,' in this country, at the present time, merely indicates the preferable right of the state to an estate left vacant, and without there being any one in existence able to make claim thereto." 29 Amer. Dec. 232, note. ESCHEAT, WRIT OF. A writ which anciently lay for a lord, to recover possession of lands that had escheated to him. Reg. Orig. 1646; Fitzh. Nat. Brev. 143. ESCHEATOR. In English law. The name of an officer who was appointed in every county to look after the escheats which fell due to the king in that particular county, and to certify the same into the exchequer. An escheator could continue in office for one

Erubescit lex filios castigare parentes. 8 Coke, 116. The law blushes when children correct their parents. ESBRANCATURA. In old law. A cutting off the branches or boughs of trees. Cowell; Spelman. ESCALDARE. To scald. It is said that to scald hogs was one of the ancient tenures in serjeanty. Wharton. ESCAMBIO. In old English law. A writ of exchange. A license in the shape of a writ, formerly granted to an English mer chant to draw a bill of exchange on another in foreign parts. Reg. Orig. 194. ESCAMBIUM. An old English law term, signifying exchange. ESCAPE. The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law. The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Crim. Law, § 917. Escapes are either voluntary or negligent. The former is the case when the keeper vol untarily concedes to the prisoner any liberty not authorized by law. The latter is the case when the prisoner contrives to leave his pris on by forcing his way out, or any other means, without the knowledge or against the will of the keeper, but through the latter's careless ness or the insecurity of the building. ESCAPE WARRANT. In English practice. This was a warrant granted to re take a prisoner committed to the custody of the queen's prison who had escaped there from. It was obtained on affidavit from the judge of the court in which the action had been brought, and was directed to all the sheriffs throughout England, commanding them to retake the prisoner and commit him to gaol when and where taken, there to re main until the debt was satisfied. Jacob; Brown. ESCAPIO QUIETUS. In old English law. Delivered from that punishment which by the laws of the forest lay upon those whose beasts were found upon forbidden land. Jacob. ESCAPIUM. That which comes by chance or accident. Cowell. ESCEPPA. A measure of corn. Cowell. Eschseta derivatur a verbo Gallico eschoir, quod est aocidere, quia accidit

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