KFLCC Kingdom Law 2nd Ed.

424

ENFITEUSIS

ENCROACH

3. The act of settling a fund, or perma nent pecuniary provision, for the mainte nance of a public institution, charity, col lege, eta 4. A fund settled upon a public institu tion, etc., for its maintenance or use. The words "endowment" and "fund," in a statute exempting from taxation the real estate, the furniture and personal property, and the "endowment or fund" of religious and educa tional corporations, are ejusdem gvneria, and intended to comprehend a class of property different from the other two, not real estate or chattels. The difference between the words is that "fund" is a general term, including the endowment, while "endowment" means that particular fund, or part of the fund, of the institution, bestowed for its more perma nent uses, and usually kept sacred for the pur poses_ intended. Th* word "endowment" does not, in such an enactment, include real estate. See First Reformed Dutch Church v. Lyon, 32 N. J. Law, 360; Appeal of Wagner Institute, 116 Pa. 555, 11 Atl. 402; Floyd v. Rankin, 86 Oal. 159, 24 Pac. 936; Liggett v. Ladd, 17 Or. 89, 21 Pac. 133. —Endowment policy. In life insurance. A policy which is payable when the insured reach es a given age, or upon his decease, if that oc curs earlier. Carr v. Hamilton, 129 U. S. 252, 9 Sup. C t 295, 32 L. Ed. 669; State v. Orear, 144 Mo. 157, 45 S. W. 1081. ENEMY, in public law, signifies either the nation which is at war with another, or a citizen or subject of such nation. —Alien enemy. An alien, that is, a citizen or subject of a foreign state or power, residing within a given country, is called an "alien ami if the country where he lives is at peace with the country of which he is a citizen or sub ject; but if a state of war exists between the two countries, he is called an "alien enemy," and in that character is denied access to the courts or aid from any of the departments of government.—Enemy's property. In inter national law, and particularly in the usage of prize courts, this term designates any property which is engaged or used in illegal intercourse with the public enemy, whether belonging to an ally or a citizen, as the illegal traffic stamps it with the hostile character and attaches to it all the penal consequences. The Benito Es tenger, 176 U. S. 568, 20 Sup. Ct. 489, 44 L. Ed. 592; The Sally, 8 Cranch, 382, 3 L Ed. 597; Prize Cases, 2 Black, 674, 17 L. Ed. 459. —Pnblic enemy. A nation at war with the United States; also every citizen or subject of such nation. Not including robbers, thieves, private depredators, or riotous mobs. State v. Moore, 74 Mo. 417, 41 Am. Rep. 322; Lew is v. Ludwick, 6 Cold. (Tenn.) 368, 98 Am. Dec. 454; Russell v. Fagan, 7 Houst. (Del.) 389, 8 Atl. 258; Missouri Pac. Ry. Co. v. Nev III, 60 Ark. 375, 30 S. W. 425, 28 L. R. A. 80, 46 Am. St. Rep. 208. ENFEOFF. To invest with an estate by feoffment. To make a gift of any corporeal hereditaments to another. See FEOFFMENT. The act of investing with any dignity or possession; also the instrument or deed by which a person is in vested with possessions. ENFEOFFMENT.

encroach the king's authority.

Blount;

Plowd. 94a. In the law of easements. Where the owner of an easement alters the dominant tenement, so as to impose an additional re striction or burden on the servient tenement, he is said to commit an encroachment. Sweet ENCROACHMENT. An encroachment upon a street or highway is a fixture, such as a wall or fence, which intrudes into or invades the highway or incloses a portion of it, diminishing its width or area, but without closing it to public travel. State v. Kean, 69 N. H. 122, 45 Atl. 256, 48 L. R. A. 102; State v. Pomeroy, 73 Wis. 664, 41 N. W. 726; Barton v. Campbell, 54 Ohio St. 147, 42 N. B. 698; Grand Rapids v. Hughes, 15 Mich. 57; State v. Leaver, 62 Wis. 387, 22 N. W. 576. END. Object; intent. Things are con strued according to the end. Pinch, Law, b. 1, c. 3, no. 10. END LINES. In mining law, the end lines of a claim, as platted or laid down on the ground, are those which mark its bound aries on the shorter dimension, where it crosses the vein, while the "side lines" are those which mark its longer dimension, where it follows the course of the vein. But with reference to extra-lateral rights, if the claim as a whole crosses the vein, in stead of following Its course, the end lines will become side lines and vice versa. Con solidated Wyoming Gold Min. Co. v. Cham pion Min. Co. (C. C.) 63 Fed. 549; Del Monte Min. & Mill. Co. v. Last Chance Min. Co., 171 U. S. 55, 18 Sup. Ct. 895, 43 L. Ed. 72. ENCUMBER. See INCUMBKB. ENCUMBRANCE. See INCUMBBANCE.

ENDENZIE, or ENDENIZEN.

To make

free; to enfranchise.

ENDOCARDITIS. In medical jurispru dence. An inflammation of the muscular tissue of the heart.

ENDORSE.

See INDORSE.

ENDOWED SCHOOLS. In England, certain schools having endowments are dis tinctively known as "endowed schools;" and a series of acts of parliament regulating them are known as the "endowed schools acts." Mozley & Whitley. 1. The assignment of dower; the setting off a woman's dower. 2 Bl. Comm. 135. 2. In appropriations of churches, (in Eng lish law,) the setting off a sufficient main tenance for the vicar in perpetuity. 1 Bl. Oomm. 387. ENDOWMENT.

ENFITEUSIS.

In Spanish law. Emphy

teusis, (q. v.)

See Mulford v. Le Franc, 26

Cal. 103.