KFLCC Kingdom Law 2nd Ed.

444

ESTREAT

ET HOC PARATU8

by its owner to run, and especially when the owner is known to the party who takes it up. The fact of its being breachy or vicious does n6t make it an estray. Walters v. Glatz, 29 Iowa, 439; Roberts v. Barnes, 27 Wis. 425; Kinney, v. Roe, 70 Iowa, 509, 30 N. W. 776; Shepherd v. Hawley, 4 Or. 208. ESTREAT, v. To take out a forfeited re cognizance from the records of a court, and return it to the court of exchequer, to be prosecuted. See ESTBEAT, n. ESTREAT, n. (From Lat extractum.) In English law. A copy or extract from the book of estreats, that is, the rolls of any court, in which the amercements or fines, recognizances, etc., imposed or taken by that court upon or from the accused, are set down, and which are to be levied by the bailiff or other officer of the court. Cowell; Brown. A forfeited recognizance taken out from among the other records for the purpose of being sent up to the exchequer, that the par ties might be sued thereon, was said to be estreated. 4 Bl. Coram. 253. And see Louisi ana Society v. Cage, 45 La. Ann. 1394, 14 South. 422. ESTRECIATUS. Straightened, as applied to roads. Cowell. ESTREPE. To strip; to despoil; to lay waste; to commit waste upon an estate, as by cutting down trees, removing buildings, etc. To injure the value of a reversionary interest by stripping or spoiling the estate. ESTREPEMENT. A species of < aggra vated waste, by stripping or devastating the land, to the injury of the reversioner, and especially pending a suit for possession. — Estrepement, writ of. This was a com mon-law writ of waste, which lay in particular for the reversioner against the tenant for life, in respect of damage or injury to the land com mitted by the latter. As it was only auxiliary to a real action for recovery of the land, and as equity afforded the same relief by injunction, the writ fell into disuse. ET. And. The introductory word of sev eral Latin and law French phrases former ly in common use. ET ADJOURNATUR. And it is ad journed. A phrase used in the old reports, where the argument of a cause was adjourn ed to another day, or where a second argu ment was had. 1 Keb. 692, 754, 773. ET AIi. An abbreviation for et alii, "and others." ET ALU E CONTRA And others on the other side. A phrase constantly used in the Year Books, in describing a joinder in issue. P. 1 Edw. II. Prist; et alii & con tra, et sic ad patriam: feady; and others, $ contra, and so to the country. T. 3 Edw. III. 4.

ET ALIUS. And another. The abbre viation et al. (sometimes in the plural writ ten et als.) is affixed to the name of the per son first mentioned, where there are several plaintiffs, grantors, persons addressed, etc ET ALLOCATUR. And it is allowed. ET CiETERA. And others; and other things; and so on. In its abbreviated form (etc.) this phrase is frequently affixed to one of a series of articles or names to show that others are intended to follow or understood to be included. So, after reciting the initia tory words of a set formula, or a clause al ready given in full, etc. is added, as an ab breviation, for the sake of convenience. See Lathers v. Keogh, 39 Hun (N. Y.) 579; Com. v. Ross, 6 Serg. & R. (Pa.) 428; In re Schouler, 134 Mass. 426; High Court r. Schweitzer, 70 111. App. 143. ET DE CEO SE METTENT EN LB PAYS. L. Fr. And of this they put them selves upon the country. ET DE HOC PONIT SE SUPER PAT RIAM. And of this he puts himself upon the country. The formal conclusion of a common-law plea in bar by way of traverse. The literal translation is retained in the mod ern form. ET EI LEGITUR IN IUEC VERBA. L. Lat And it is read to him in these words. Words formerly used in entering the prayer of oyer on record. ET HABEAS IBI TUNC HOCBREVE. And have you then there this writ The formal words directing the return of a writ. The literal translation is retained in the modern form of a considerable number of writs. ET HABUIT. And he had it A common phrase in the Year Books, expressive of the allowance of an application or demand by a party. Parn. demanda la view. Et habuit, etc M. 6 Edw. III. 49. ET HOC PARATUS EST VERIFI CARE. And this he is prepared to verify. The Latin form of concluding a plea in con fession and avoidance. These words were used, when the pleadings were in Latin, at the conclusion of any pleading which contained new affirmative matter. They expressed the willingness or readiness of the party so pleading to establish by proof the mat ter alleged in his pleading. A pleading which concluded in that manner was technically said to "conclude with a verification," in contradis tinction to a pleading which simply denied mat ter alleged by the opposite party, and which for that reason was said to "conclude to the country." because the party merely put himself upon the country, or left the matter to the jury. Brown.