KFLCC Kingdom Law 2nd Ed.

423

EN JUICIO

ENCROACH

EN JUICIO. Span. Judicially; in a court of law; in a suit at law. White, New Recop. b. 2, tit. 8» c. 1. EN MASSE. Fr. In a mass; in a lump; at wholesale. EN MORT MEYNE. L. Fr. In a dead hand; in mortmain. Britt. c. 43. EN OWEL MAIN. L. Fr. In equal hand. The word "otoel" occurs also in the phrase "otoelty of partition." EN BECOUVBEMENT. Fr. In French law. An expression employed to denote that an indorsement made in favor of a person does not transfer to hi» the property in the bill of exchange, but* merely constitutes an authority to such person to recover the amount of the bill. Arg. Fr. Merc. Law, 55& EN ROUTE. Fr. On the way; in the course of a voyage or journey; in course of transportation. McLean v. U. S., 17 Ct CI. 90. EN VENTRE SA MERE. L. Fr. In its mother's womb. A term descriptive of an unborn child. For some purposes the law regards an infant en ventre as in being. It may take a legacy; have a guardian; an es tate may be limited to its use, etc. 1 BL Comm. 130. EN VIE. L. Fr. In life; alive. Britt c 50. ENABLING POWER. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee the right of creating interests to take effect out of it, which could not be done by the donee of the power unless by such author ity, this is called an "enabling power." 2 Bouv. Inst. no. 1928. ENABLING STATUTE. The act of 32 Henry VIII. c. 28, by which tenants In tail, husbands seised in right of their wives, and others, were empowered to make leases for their lives or for twenty-one years, which they could not do before. 2 Bl. Comm. 319; Co. Litt 44a. The phrase is also applied to any statute enabling persons or corpora tions to do what before they could not. In Saxon law. The satisfac tion for a crime; the recompense for a fault. Skene. ENACT. To establish by law; to per form or effect; to decree. The usual intro ductory formula in making laws is, "Be it enacted." In re Senate File, 25 Neb. 864, 41 N. W. 981. —Enacting clause. That part of a statute which declares its enactment and serves to ENACH.

identify it as an act of legislation proceeding from the proper legislative authority. Various formulas are used for this clause, such as "Be it enacted by the people of the state of Illinois represented in general assembly," "Be it en acted by the senate and house of representa tives of the United States of America in conr gress assembled," "The general assembly do enact," eta State v. Patterson, 98 N. C. 660, 4 S . 1 350; Pearce v. Vittum, 193 111. 192, 61 N. E. 1116; Territory v. Burns, 6 Mont. 72, 9 Pac. 432. In Spanish and Mex ican law. Alienation; transfer of property. The act by which the property in a thing, by lucrative title, is transferred, as a dona tion ; or by onerous title, as by sale or bar ter. In a more extended sense, the term comprises also the contracts of emphyteu sis, pledge, and mortgage, and even the crea tion of a servitude upon an estate. Escriche; Mulford v. Le Franc, 26 Cal. 88. L. Fr. To write down in short; to abbreviate, or, in old language, imbreviate; to put into a schedule. Britt. c. 1. ENCAUSTUM. In the civil law. A kind of ink or writing fluid appropriate to the use of the emperor. Cod. 1, 23, 6. ENCEINTE. Pregnant. See PBEGNANCY. ENCHESON. The occasion, cause, or reason for which anything is done. Termes de la Ley. ENCLOSE. In the Scotch law. To shut up a jury after the case has been submitted to them. 2 Alls. Crim. Pr. 634. See IN CLOSE. In Spanish law. A grant from the crown to a private person of a certain portion of territory in the Spanish colonies, together with the concession of a certain number of the native inhabitants, on the feudal principle of commendation. 2 Wools. Pol. Science, 161, 162. Also a royal grant of privileges to the military orders of Spain. ENCOURAGE. In criminal law. To in stigate; to incite to action; to give cour age to; to inspirit; to embolden; to raise confidence; to make confident. Comitez v. Parkerson (C. C.) 50 Fed. 170; True v. Com., 90 Ky. 651, 14 S. W. 684; Johnson v. State, 4 Sneed (Tenn.) 621. ENCROACH. To gain unlawfully upon the lands, property, or authority of anoth er; as if one man presses upon the grounds of another too far, or if a tenant owe two shillings rent-service, and the lord exact three. So, too, the Spencers were said to ENAJENACION. ENBREVER. ENCLOSURE. See INCLOSTJBE. ENCOMIENDA.