KFLCC Kingdom Law 2nd Ed.

438

ESTABLISH

ESQUIRE

village, that he cannot come pro luorari and pro perdere; and this will be admitted, for it lieth on the plaintiff to prove whether the es soin is true or not. Jacob.— Essoin roll. A roll upon which essoins were formerly entered, together with the day to which they were ad journed. Boote, Suit at Law, 130; Rose. Real Act 162, 163; Gilb. Com. PI. 13. ESSOINIATOR. A person who made an essoin. Est aliqnid qnod non oportet etiam si licet; quicquid vero non licet certe non oportet. Hob. 159. There is that which is not proper, even though permitted; but whatever is not permitted is certainly 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 section; and, according to Lord Coke, "it ever teacheth us some rule of law, or gen eral or sure leading point" Co. Litt. 16. Est antent jus publicum et privatum, quod ex naturalibus prseceptis aut gen tium, aut civilians est collectum; et quod in jure scripto jus appellatur, id in lege Anglise rectum esse dicitur. Pub lic and private law is that which is collect ed 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 of a statute Is to be understood and interpreted like ordinary spoken lan guage. 10 Coke, 1016. Est quiddam perfectius in rebus Ile itis. Hob. 159. There is something more perfect in things allowed, ESTABLISH. This word occurs fre quently in the constitution of the United States, and it Is there used in different meanings: (1) To settle firmly, to fix unal terably; as to establish justice, which Is the avowed object of the constitution. (2) To make or form; as to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, which evidently does not mean that these laws shall be unal terably established as justice. (3) To found, to create, to regulate; as: "Congress shall have power to establish post-roads and post offices." (4) To found, recognize, confirm, or admit; as: "Congress shall make no law re specting an establishment of religion." (5) To create, to ratify, or confirm; as: "We,

who has promiscuous Intercourse with many men. White, New Recop. b. 1, tit 5, c. 2, § 1. 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 others. 1 Bl. Comm. 406; 3 Steph. Comm. 15, note; Tomlins. On the use of this term in American law, particu larly as applied to justices of the peace and other inferior judicial officers, see Call v. Foresman, 5 Watts (Pa.) 331; Christian v. Ashley County, 24 Ark. 151; Com. v. Vance, 15 Serg. & R. (Pa.) 37. ESSARTEB. L. Fr. To cut down woods to clear land of trees and underwood; prop erly 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 of 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 perform ance of the contract cannot be had without exact compliance with it is said to be "of the essence of the contract." 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 exempt ed 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 personal actions. 2 Term, 16; 16 East, la; 3 Bl. Comm. 278, note. — Essoin day. Formerly the first general re turn-day of the term, on which the courts sat to receive essoins, i. e., excuses for parties who did not appear in court, according to the sum mons of writs. 3 Bl. Comm. 278; Boote, Suit at Law, 130; Gilb. Com. PI. 13; 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.— Essoin de malo villse is when the defendant is in court the first day; but gone without pleading, and being after wards surprised by sickness, etc., cannot attend, but sends two essoiners, who openly protest in court that he is detained by sickness in such a