Blacks Law Dict. 1st ed

433

ESQUIRE

ESTABLISH

ESQUIRE. In English law. A title of dignity next above gentleman, and below knight. Also a title of office given to sher iffs, Serjeants, and barristers at law, justices of the peace, and otheis. 1 Bl. Comm. 406; 8 Steph. Comm. 15, note; Tomlins. ESSAETEB. L. Fr. To cut down woods, to clear land of trees and underwood; properly to thin woods, by cutting trees, etc., at intervals. Spelman. ESSARTUM. Woodlands turned into tillage by uprooting the trees and removing the underwood. ESSENCE. That which is indispensable to that of which it is the essence. ESSENCE OP THE CONTRACT. Any condition or stipulation in a contract which is mutually understood and agreed by the parties to be of such vital importance that a sufficient performance of the contract cannot be had without exact compliance with it is said to be "of the essence of the con tract." 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, 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." ESSOIN, n. In old English law. An ex cuse 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 per sonal actions. 2 Term 16; 16 East, la; 8 Bl. Comm. 278, note. ESSOIN DAY. Formerly the first gen eral return-day of the term, on which the jourts sat to receive essoins, i. e., excuses for parties who did not appear in court, ac cording to the summons of writs. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gilb. Com. PI. 18; 1 Tidd, Pr. 107. But, by St. 11 Geo. IV. and 1 Wm. IV. c. 70, § 6, these days were done away with, as a part of the term. AM. DIOT.LAW—28

ESSOIN DE MALO VILLAS 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 lu crari and pro perdere; and this will be ad mitted, for it lieth on the plaintiff to prove whether the essoin is true or not. Jacob. ESSOIN ROLL. A roll upon which es soins 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. ESSOINIATOR. A person who made an essoin. Est aliquid quod non oportet etiam si licet; quicquid vero non licet certe non oportet. Hob. 159. There is that which is not proper, even though permit ted; but whatever is not permitted is certain ly not proper. EST ASCAVOIR. It is to be understood or known; "it is to-wit." Litt. §§ 9,45,46, 57,59. A very common expression in Little ton, especially at the commencement of a sec tion; 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 ee privatum, quod ex uaturalibus prseceptis aut gen tium, aut civilibus est collectum; et quod in jure scripto jus appellatur, id in lege Anglise rectum esse dicitur. Public and private law is that which is col lected 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. Vio lence may also put on the mask of law. Est ipsorum legislatorum tanquam viva vox. The voice of the legislators them selves is like the living voice; that is, the language vt a statute is to be understood and interpreted like ordinary spoken language. 10 Coke, 10.16. Est quiddam perfectius in rebus Uc itis. Hob. 159. There is something more perfect in things allowed. ESTABLISH. This word occurs fre quently in the constitution of the United

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