KFLCC Kingdom Law 2nd Ed.

437

ESOHECOUM

ESPURIO

and to certify the same into the exchequer. An escheator could continue in office for one year only, and was not^re-eligible until three years. There does not appear to exist any such officer at the present day. Brown. See 10 Vin. Abr. 158; Co. Litt. 136. ESCHECCUM. In old English law. A Jury or inquisition. ESCHIPARE. To build or equip. Du Cange. ESCOT. A tax formerly paid in boroughs and corporations towards the support of the community, which is called "scot and lot." ESCRIBANO. In Spanish law. An offi cer, resembling a notary in French law, who has authority to set down in writing, and verify by his attestation, transactions and contracts between private persons, and also Judicial acts and proceedings. ESCRITURA. In Spanish law. A writ ten instrument. Every deed that is made by the hand of a public escribano, or notary of a corporation or council (concejo,) or sealed with the seal of the king or other authorized persons. White, New Recop. b. 3, tit 7, c. 5. ESCROQUERIE. Fr. Fraud, swind ling, cheating. ESCROW. A scroll; a writing; a deed. Particularly a deed delivered by the grantor into the hands of a third person, to be held by the latter until the happening of a con tingency or performance of a condition, and then by him delivered to the grantee. Thom as v. Sowards, 25 Wis. 631; Patrick v. Mc Cormick, 10 Neb. 1, 4 N. W. 312; Cagger v. Lansing, 57 Barb. (N. Y.) 427; Davis v. Clark, 58 Kan. 100, 48 Pac. 563; Easton v. Driscoll, 18 R. I. 318, 27 Atl. 445. A grant may be deposited by the grantor with a third person, to be delivered on the performance of- a condition, and on delivery by the depositary it will take effect. While in the possession of the third person, and subject to condition, it is called an "escrow.'* Civil Code Cal. § 1057; Civil Code Dak. | 609. The state or condition of a deed which is conditionally held by a third person, or the possession and retention of a deed by a third person pending a condition; as when an in strument is said to be delivered "in escrow." This use of the term, however, is a perver sion of its meaning. ESCROWIi. In old English law. An es crow; a scroll. "And deliver the deed to a stranger, as an escrowl." Perk. c. 1, § 9; Id. c 2, §§ 137, 138. ESCUAGE. Service of the shield. One of the varieties of tenure in knight's service,

the duty imposed being that of accompanying the king to the wars for forty days, at the tenant's own charge, or sending a substitute. In later times, this service was commuted for a certain payment in money, which was then called "escuage certain." See 2 Bl. Comm. 74, 75. ESCURARE. To scour or cleanse. Cow ell. ESGLISE, or EGLISE. A church. Ja cob. ESKETORES. Robbers, or destroyers of other men's lands and fortunes. Cowell. ESKIPPAMENTUM. Tackle or furni ture ; outfit. Certain towns in England were bound to furnish certain ships at their own expense and with double sMppage or tackle. Cowell. ESKIPPER, ESKIPPARE. To ship. ESKIPPESON. Shippage, or passage by sea. Spelled, also, "tkippeson." Cowell. ESNE. In old law. A hireling of ser vile condition. ESNECY. Seniority; the condition or right of the eldest; the privilege of the eld est-born. Particularly used of the privilege of the eldest among coparceners to make a first choice of purparts upon a voluntary partition. ESPERA. A period of time fixed by law or by a court within which certain acts are to be performed, e. g., the production of pa pers, payment of debts, etc ESPERONS. L. Fr. Spurs. ESPEDIENT. In Spanish law. A junc tion of all the separate papers made in the course of any one proceeding and which re mains in the office at the close of it Cas tillero v. U. S., 2 Black (U. S.) 109, 17 L. Ed. 360. ESPIiEES. An old term for the products which the ground or land yields; as the hay of the meadows, the herbage of the pasture, corn of arable fields, rent and services, etc. The word has been anciently applied to the land itself. Jacob; Fosgate v. Hydraulic Co., 9 Barb. (N. Y.) 293. ESPOUSALS. A mutual promise be tween a man and a woman to marry each other at some other time. It differs from a marriage, because then the contract is com pleted. Wood, Inst. 57. ESPURIO. Span. In Spanish law. A spurious child; one begotten on a woman ESLISORS. See ELISOBB.