ENTRY. criminal law. The unlawful breaking into a house, in order to
commit a crime. In cases of burglary, the least entry with the whole or any part
of the body, hand, or foot, or with any instrument or weapon, introduced for the
purpose of committing a felony, is sufficient to complete the offence. 3 Inst.
ENTRY, estates, rights. The taking possession of lands by the legal
2. A person having a right of possession may assert it by a peaceable entry,
and being in possession may retain it, and plead that it is his soil and
freehold; and this will not break in upon any rule of law respecting the mode of
obtaining the possession of lands.
3 Term Rep. B. R. 295. When another person has taken possession of lands or
tenements, and the owner peaceably makes an entry thereon, and declares that be
thereby takes possession of the same, he shall, by this notorious act of
ownership, which is equal to a feodal investiture, be restored to his original
right. 3 Bl. Com. 174. 3. A right of entry is not assignable at common law. Co.
Litt. 214 a. As to the law on this subject in the United States, vide Buying of
titles; 4 Kent, Com. 439 2 Hill. Ab. c. 33, §42 to 52; also,artic le ReEntry;
Bac. Ab. Descent, G; 8 Vin. Ab. 441.
4. In another sense, entry signifies the going upon another man's lands or
his tenements. An entry in this sense may be justifiably made on another's land
or house, first, when the law confers an authority; and secondly, when the party
has authority in fact.
5. First, 1. An officer may enter the close of one against whose person or
property he is charged with the execution of a writ. In a civil case, the
officer cannot open (even by unlatching) the outer inlet to a house, as a door
or window opening into the street 18 Edw. IV., Easter, 19, pl. 4; Moore, pl.
917, p. 668 Cooke's case, Wm. Jones, 429; although it has been closed for the
purpose of excluding him. Cowp. 1. But in a criminal case, a constable may break
open an outer door to arrest one within suspected of felony. 13 Edw. IV.,
Easter, 4, p. 9. If the outer door or window be open, he may enter through it to
execute a civil writ; Palin. 52; 5 Rep. 91; and, having entered, he may, in
every case, if necessary, break open an inner door. 1 Brownl. 50.
6. - 2. The lord may enter to distrain, and go into the house for that
purpose, the outer door being open. 5 Rep. 91.
7. - 3. The proprietors of goods or chattels may enter the land of another
upon which they are placed, and remove them, provided they are there without his
default; as where his tree has blown down into the adjoining close by the wind,
or his fruit has fallen from a branch which overhung it. 20 Vin. Abr. 418.
8. - 4. If one man is bound to repair bridge, he has a right of entry given
him by law for that purpose. Moore, 889.
9. - 5. A creditor has a right to enter the close of his debtor to demand the
duty owing, though it is not to be rendered there. Cro. Eliz. 876.
10. - 6. If trees are excepted out of a demise, the lessor has the right of
entering, to prune or fell them. Cro. Eliz. 17; 11. Rep. 53.
11. - 7. Every traveller has, by law, the privilege of entering a common inn,
at all seasonable times, provided the host has sufficient accommodation, which,
if he has not, it is for him to declare.
12.- 8. Ever man may throw down a public nuisance, and a private one may be
thrown down by the party grieved, and this before an prejudice happens, but only
from the probability that it may happen. 5 Rep, 102 and see 1 Brownl. 212; 12
Mod. 510 Wm. Jones, 221; 1 Str. 683. To this end, the abator has authority to
enter the close in which it stands. See Nuisance.
13. - 9. An entry may be made on the land of another, to exercise or enjoy
therein an incorporeal right or hereditament to which he is entitled. Hamm. N.
P. 172. See general Bouv. Inst. Index, h. t.; 2 Greenl. Ev. §627; License.
ENTRY, commercial law. The act of setting down the particulars of a
sale, or other transaction, in a merchant's or tradesman's accouut books; such
entries are, in general, prima facie evidence of the sale and delivery, and of
work, done; but unless the entry be the original one, it is not evidence. Vide
ENTRY AD COMMUNE LEGEM, Eng. law. The name of a writ which lies in
favor of the reversioner, when the tenant for term of life, tenant for term of
another's life, tenant by the curtesy, or tenant in dower, aliens and dies. T.
ENTRY OF GOODS, commercial law. An entry of goods at the custom-house
is the submitting to the officers appointed by law, who have the collection of
the customs, goods imported. into the United States, together with a statement
or description of such goods, and the original invoices of the same. The act of
March 2, 1799, s. 36, 1 Story, L. U. S. 606, and the act of March 1, 1823, 3
Story, L. U. S. 1881, regulate the manner of making entries of goods.
ENTRY, WRIT OF. The name of a writ issued for the purpose of obtaining
possession of land from one who has entered unlawfully, and continues in
possession. This is a mere possessor action, and does not decide the right of
2. The writs of entry were commonly brought, where the tenant or possessor of
the land entered lawfully; that is, without fraud or force; 13 Edw. I. c. 25;
although sometimes they wer6 founded upon an entry made by wrong. The forms of
these writs are very various, and are adapted to the, title and estate of the
demandant. Booth enumerates and particularly discusses twelve varieties. Real
Actions, pp. 175-200. In general they contain an averment of the manner in which
the defendant entered. At the common law these actions could be brought only in
the degrees, but the Statute of Marlbridge, c. 30; Rob. Dig. 147, cited as c.
29; gave a writ adapted to cases beyond the degrees, called a writ of entry in
the post. Booth, 172, 173. The denomination of these writs by degrees, is
derived from the circumstance that estates are supposed by the law to pass by
degrees from one person to another, either by descent or purchase. Similar to
this idea, or rather corresponding with it, are the gradations of consanguinity,
indicated by the very common term pedigree. But in reference to the writs of
entry, the degrees recognized were only two, and the writs were quaintly termed
writs in the per, and writs in the per and cui. Examples of these writs are
given in Booth on R. A. pp. 173, 174. The writ in the, per runs thus: " Command
A, that be render unto B, one messuage, &c., into which he has not entry
except (per) by &c. The writ in the per and cui contains another gradation
in the transmission of the estate, and read thus: Command A, that he render,
&c., one messuage, into which he hath not entry but (per) by C, (cui) to
whom the aforesaid B demised it for a term of years, now expired," &c. 2
Institute, 153; Co. Litt. b, 239, a. Booth, however, makes three degrees, by
accounting the estate in the per, the second degree. The difference is not
substantial. If the estate had passed further, either by descent or conveyance,
it was said to be out of the degrees, and to such cases the writ of entry on
the. statute of Marlbridge, only, was applicable. 3 Bl. Com. 181, 182; Report of
Com. to Revise Civil Code of Penna. January 15, 1835, p. 85. Vide Writ of
TO ENURE. To take, or have effect or serve to the use, benefit, or
advantage of a person. The word is often written inure. A release to the tenant
for life, enures to him in reversion; that is, it has the same effect for him as
for the tenant for life. A discharge of the principal enures to the benefit of
ENVOY, international law. In diplomatic language, an envoy is a
minister of the second rank, on whom his sovereign or government has conferred a
degree of dignity and respectability, which, without being on a level with an
ambassador, immediately follows, and among ministers, yields the preeminence to
2. Envoys are either ordinary or extraordinary; by custom the latter is held
in greater consideration. Vattel, liv. 4, c. 6, §72.
EPILEPSY, med. jur. A discase of the brain, which occurs in paroxysms,
with uncertain intervals between them.
2. These paroxysms are characterized by the loss of sensation, and convulsive
motions of the muscles. When long continued and violent, this disease is very
apt to end in dementia. (q. v.) It gradually destroys the memory, and impairs
the intellect, and is one of the causes of an unsound mind. 8 Ves. 87. Vide Dig.
50, 16, 123; Id. 21, 1, 4, 5.
EPISCOPACY, eccl. law. A form of government by diocesan bishops; the
office or condition of a bishop.
EPISTLES, civil law. The name given to a species of rescript. Epistles
were the answers given by the prince, when magistrates submitted to him a
question of law. Vicle Rescripts.
EQUALITY. Possessing the same rights, and being liable to the same
duties. See 1 Toull. No. l70, 193, Int.
2. Persons are all equal before the law, whatever adventitious advantages
some may possess over others. All persons are protected by the law, and
obedience to it is required from all.
3. Judges in court, while exercising their functions, are all upon an
equality, it being a rule that inter pares non est potestas; a judge cannot,
therefore, punish another judge of the same court for using any expression in
court, although the words used might have been a contempt in any other person.
Bac. Ab., Of the court of sessions, of justices of the peace.
4. In contracts the law presumes the parties act upon a perfect equality;
when, therefore, one party uses any fraud or deceit to destroy this equality,
the party grieved may avoid the contract. In case of a grant to two or more
persons jointly, without designating what each takes, they are presumed to take
in equal proportion. 4 Day, 395.
5. It is a maxim, that when the equity of the parties is equal, the law must
prevail. 3 Call, R. 259. And that, as between different creditors, equality is
equity. 4 Bouv. Inst. n. 3725; 1 Page, R. 181. See Kames on Eq. 75. Vide Deceit;
EQUINOX. The name given to two periods of the year when the days and
nights are equal; that is, when the space of time between the rising and setting
of the sun is one half of a natural day. Dig. 43, 13, 1, 8. Vide Day.
EQUITABLE. That which is in conformity to the natural law. Wolff,
EQUITABLE ESTATE. An equitable estate is a right or interest in land,
which, not having the properties of a legal estate, but being merely a right of
which courts of equity will take notice, requires the aid of such court to make
2. These estates consist of uses, trusts, and powers. See 2 Bouv. Inst. n.
1884. Vide Cestui que trust; Cestui que use.
EQUITABLE MORTGAGE, Eng. law. The deposit of title-deeds, by the owner
of an estate, with a person from whom he has borrowed money, with an
accompanying agreement to execute a regular mortgage, or by the mere deposit,
without even any verbal agreement respecting a regular security. 2 Pow. on Mort.
49 to 61; 1 Mad. Ch. Pr. 537; 4 Madd. R. 249; 1 Bro. C. C. 269; 12 Ves. 197; 3
Younge & J. 150; 1 Rus. R. 141.
2. In Pennsylvania, there is no such thing as an equitable mortgage. 3 P. S.
R; 233; 3 Penna. R. 239; 17 S. & R. 70; 1 Penna. R. 447.
EQUITY. In the early history of the law, the sense affixed to this
word was exceedingly vague and uncertain. This was owing, in part, to the fact,
that the chancellors of those days were either statesmen or ecclesiastics,
perhaps not very scrupulous in the exercise of power. It was then asserted that
equity was bounded by no certain limits or rules, and that it was alone
controlled by conscience and natural justice. 3 Bl. Com. 43-3, 440, 441.
2. In a moral sense, that is called equity which is founded, ex oequo et
bono, in natural justice, in honesty, and in right. In an enlarged. legal view,
"equity, in its true and genuine meaning, is the soul and spirit of the law;
positive law is construed, and rational law is made by it. In this, equity is
made synonymous with justice; in that, to the true and sound interpretation of
the rule." 3 Bl. Com. 429. This equity is justly said to be a supplement to the
laws; but it must be directed by science. The Roman law will furnish him with
sure guides, and safe rules. In that code will be found, fully developed, the
first principles and the most important consequences of natural right. "From the
moment when principles of decision came to be acted upon in chancery," says Mr.
Justice Story, "the Roman law furnished abundant materials to erect a
superstructure, at once solid, convenient and lofty, adapted to human wants, and
enriched by the aid of human wisdom, experience and learning." Com. on Eq. Jur.
§23 Digest, 54.
3. But equity has a more restrained and qualified meaning. The remedies for
the redress of wrongs, and for the enforcement of rights, are distinguished into
two classes, first, those which are administered in courts of common law; and,
secondly, those which are administered in courts of equity. Rights which are
recognized and protected, and wrongs which are redressed by the former courts,
are called legal rights and legal injuries. Rights which are recognized and
protected, and wrongs which are redressed by the latter courts only, are called
equitable rights and equitable injuries The former are said to be rights and
wrongs at common law, and the remedies, therefore, are remedies at common law;
the latter are said to be rights and wrongs in equity, and the remedies,
therefore, are remedies in equity. Equity jurisprudence may, therefore, properly
be said to be that portion of remedial justice which is exclusively administered
by a court of equity, as contradistinguished from that remedial justice, which
is exclusively administered by a court of law. Story, Eq. §25. Vide Chancery,
and the authiorities there cited; and 3 Chit. Bl. Com. 425 n. 1. Dane's Ab . h.
t.; Ayl. Pand. 37; Fonbl. Eq. b. 1, c. 1; Wooddes. Lect. 114 Bouv. Inst. Index,
EQUITY, COURT OF. A court of equity is one which administers justice,
where there are no legal rights, or legal rights, but courts of law do not
afford a complete, remedy, and where the complainant has also an equitable
right. Vide Chancery.
EQUITY OF REDEMPTION. A right which the mortgagee of an estate has of
redeeming it, after it has been forfeited at law by the non-payment at, the time
appointed of the money secured by the mortgage to be paid, by paying the amount
of the debt, interest and costs.
2. An equity of redemption is a mere creature of a court of equity, founded
on this principle, that as a mortgage is a pledge for securing the repayraent of
a sum of money to the mortgagee, it is but natural justice to consider the
ownership of the land as still vested in the mortgagor, subject only to the
legal title of the mortgagee, so far as such legal title is necessary to his
3. In Pennsylvania, however, redemption is a legal right. 11 Serg. &
4. The phrase equity of redemption is indiscriminately, though perhaps not
correctly applied, to the right of the mortgagor to regain his estate, both
before and after breach of condition, In North Carolina by statute the former is
called a legal right of redemption; and the latter the equity of redemption,
thereby keeping a just distinction between these estates. 1 N. C. Rev. St. 266;
4 McCord, 340.
5. Once a mortgage always a mortgage, is a universal rule in equity. The
right of redemption is said to be as inseparable from a mortgage, as that of
replevying from a distress, and every attempt to limit this right must fail. 2
Chan. Cas. 22; 1 Vern. 33, 190; 2 John. Ch. R. 30; 7 John. Ch. R. 40; 7 Cranch,
R. 218; 2 Cowen, 324; 1 Yeates, R. 584; 2 Chan. R. 221; 2 Sumner, R. 487.
6. The right of redemption exists, not only in the mortgagor himself, but in
his heirs, and personal representatives, and assignee, and in every other person
who has an interest in, or a legal or equitable lien upon the lands; and
therefore a tenant in dower, a jointress, a tenant by the curtesy, a
remainder-man and a reversioner, a judgment creditor, and every other
incumbrancer, unless he be an incumbrancer pendente lite, may redeem. 4 Kent,
Com. 156; 5 Pick. R. 149; 9 John. R. 591, 611; 9 Mass. R. 422; 2 Litt. R. 334; 1
Pick. R. 485; 14 Wend. R. 233; 5 John. Ch. R. .482; 6 N. H. Rep. 25; 7 Vin. Ab.
52. Vide, generally, Cruise, Dig. tit. 15, c. 3; 4 Kent, Com. 148; Pow. on
Mortg. eh. 10 and 11; 2 Black. Com. 158; 13 Vin. Ab. 458; 2 Supp. to Ves. Jr.
368; 2 Jac. & Walk. 194, n.; 1 Hill. Ab. c. 31; and article Stellionate.
EQUIVALENT. Of the same value. Sometimes a condition must be literally
accomplished in forma specifica; but some may be fulfilled by an equivalent, per
oequi polens, when such appears to be the intention of the parties; as, I
promise to pay you one hundred dollars, and then die, my executor may fulfil my
engagement; for it is equivalent to you whether the money be paid to you b me or
by him. Roll. Ab. 451; 1 Bouv. Inst. n. 760.
EQUIVOCAL. What has a double sense.
2. In the construction of contracts, it is a general rule that when an
expression may be taken in two senses, that shall be preferred which gives it
effect. Vide Ambiguity; Construction; Interpretation; and Dig. 22, 1, 4; Id 45,
1, 80; Id. 50, 17, 67.
EQUULEUS. The name of a kind of rack for extorting confessions. Encyc.
ERASURE, contracts, evidence. The obliteration of a writing; it will
render it void or not under the same circumstances as an interlineation. (q. v.)
Vide 5 Pet. S. C. R. 560; 11 Co. 88; 4 Cruise, Dig. 368; 13 Vin. Ab. 41; Fitzg.
207; 5 Bing. R. 183; 3 C. & P. 65; 2 Wend. R. 555; 11 Conn. R. 531; 5 M. R.
190; 2 L. R. 291 3 L. R. 56; 4 L. R. 270.
2. Erasures and interlineations are presumed to have been made after the
execution of a deed, unless the contrary be proved. 1 Dall. 67; 1 Pet. 169; 4
Bin. 1; 10 Serg. & R. 64, 170, 419; 16 Serg. & R. 44.
EREGIMUS. We have erected. In England, whenever the. right of creating
or granting a new office is vested in the king, he must use proper words for the
purpose, as eregimus, constituimus, and the like. Bac. Ab. Offices, &c.,
EROTIC MANIA, med. jur. A name given to a morbid activity of the
sexual propensity. It is a disease or morbid affection of the mind, which fills
it with a crowd of voluptuous images, and hurries its victim to acts of the
grossest licentiousness, in the absence of any lesion of the intellectual
powers. Vide Mania.
ERROR. A mistake in judgment or deviation from the truth, in matters
of fact and from the law in matters of judgment.
2. - 1 Error of fact. The law has wisely provide that a person shall be
excused, if, intending to do a lawful act, and pursuing lawful means to
accomplish his object, he commit an act which would be criminal or unlawful, if
it were done with a criminal design or in an unlawful manner; for example,
thieves break into my house, in the night time, to commit a burglary; I rise out
of my bed, and seeing a person with a drawn sword running towards my wife, I
take him for one of the burglars, and shoot him down, and afterwards find he was
one of my friends, whom, owing to the dimness of the light, I could not
recognize, who had lodged with me, rose on the first alarm, and was in fact
running towards my wife, to rescue her from the hands of an assassin; still I am
innocent, because I committed an error as to a fact, which I could not know, and
had, no time to inquire about.
3. Again, a contract made under a clear error is not binding; as, if the
seller and purchaser of a house situated in Now York, happen to be in
Philadelphia, and, at the time of the sale, it was unknown to both parties that
the house was burned down, there will be no valid contract; or if I sell you my
horse Napoleon, which we both suppose to be in my stable, and at the time of the
contract he is dead, the sale is void. 7 How. Miss. R. 371 3 Shepl. 45; 20 Wend.
174; 9 Shepl. 363 2 Brown, 27; 5 Conn. 71; 6 Mass. 84; 12 Mass. 36. See
4. Courts of equity will in general correct and rectify all errors in fact
committed in making deeds and contracts founded on good considerations. See
5. - 2. Error in law. As the law is, or which is the same thing, is presumed
to be certain and definite, every man is bound to understand it, and an error of
law will not, in general, excuse a man, for its violation.
6. A contract made under an error in law, is in general binding, for were it
not so, error would be urged in almost every case. 2 East, 469; see 6 John. Ch.
R. 166 8 Cowen, 195; 2 Jac. & Walk. 249; 1 Story, Eq. Jur. 156; 1 Younge
& Coll. 232; 6 B. & C. 671 Bowy. Com. 135; 3 Sav. Dr. Rom. App. viii.
But a foreign law will for this purpose be considered as a fact. 3 Shepl. 45; 9
Pick. 112; 2 Ev. Pothier, 369, &c. See, also, Ignorance; Marriage;
7. By error, is also understood a mistake made in the trial of a cause, to
correct which a writ of error may be sued out of a superior court.
ERROR, WRIT OF. A writ of error is one issued fro a superior to an
inferior court, for the purpose of bringing up the record and correcting an
alleged error committed in the trial in the court below. But it cannot deliver
the body from prison. Bro. Abr. Acc. pl. 45. The judges to whom the writ is
directed have no power to return the record nisi judicium inde redditum sit. Nor
can it be brought except on the final judgment. See Metcalf's Case, 11 Co. Rep.
38, which is eminently instructive on this subject. Vide Writ of Error.
ESCAPE. An escape is tho deliverance of a person who is lawfully
imprisoned, out of prison, before such a person is entitled to such deliverance
by law. 5 Mass. 310.
2. It will be proper to consider, first, what is a lawful imprisonment; and,
secondly, the different kinds of escapes.
3. When a man is imprisoned in a proper place under the process of a court
having jurisdiction in the case, he is lawfully imprisoned, notwithstanding the
proceedings may be irregular; but if the court has not jurisdiction the
imprisonment is unlawful, whether the process be regular or otherwise. Bac. Ab.
Escape. in civil cases, A 1; 13 John. 378; 5 John. 89; 1 Cowen, 309 8 Cowen,
192; 1 Root, R. 288.
4. Escapes are divided into voluntary and negligent; actual or constructive;
civil and criminal and escapes on mesne process and execution.
5. - 1. A voluntary escape is the giving to a prisoner, voluntarily, any
liberty not authorized by law. 5 Mass . 310; 2 Chipm. 11. Letting a prisoner
confined under final process, out of prison for any, even the shortest time, is
an escape, although he afterwards return; 2 Bl. Rep. 1048; 1 Roll. Ab. 806; and
this may be, (as in the case of imprisonment under a ca. sa.) although an
officer may accompany him. 3 Co. 44 a Plowd. 37; Hob. 202; 1 Bos. & Pull. 24
2 Bl. Rep. 1048.
6. The effect of a voluntary escape in a civil case, when the prisoner is
confined under final process, is to discharge the debtor, so that he cannot be
retaken by the sheriff; but he may be again arrested if he was confined only on
mesne process. 2 T. R. 172; 2 Barn. & A. 56. And the plaintiff may retake
the prisoner in either case. In a criminal case, on the contrary, the officer
not only has a right to recapture his prisoner, but it is his duty to do so. 6
Hill, 344; Bac. Ab. Escape in civil cases, C.
7. - 2. A negligent escape takes place when the prisoner goes at large,
unlawfully, either because the building or prison in which he is confined is too
weak to hold him, or because the keeper by carelessness lets him go out of
8. The consequences of a negligent escape are not so favorable to the
prisoner confined under final process, as they are when the escape is voluntary,
because in this case, the prisoner is to blame. He may therefore be retaken.
9. - 3. The escape is actual, when the prisoner in fact gets out of prison
and unlawfully regains his liberty.
10. - 4. A constructive escape takes place when the prisoner obtains more
liberty than the law allows, although he still remains in confinement The
following cases are examples of such escapes: When a man marries his prisoner.
Plowd. 17; Bac. Ab. Escape, B 3. If an underkeeper be taken in execution, and
delivered at the prison, and neither the sheriff nor any authorized person be
there to receive him. 5 Mass. 310. And when the keeper of a prison made one of
the prisoners confined for a debt a turnkey, and trusted him with the keys, it
was held that this was a constructive escape. 2 Mason, 486.
11. Escapes in civil cases are, when the prisoner is charged in execution or
on mesne process for a debt or duty, and not for a criminal offence, and he
unlawfully gains his liberty. In this case, we have seen, the prisoner may be
retaken, if the escape have not been voluntary; and that he may be retaken by
the plaintiff when the escape has taken place without his fault, whether the
defendant be confined in execution or not; and that the sheriff may retake the
prisoner, who has been liberated by him, when he was not confined on final
12. Escapes in criminal cases take place when a person lawfully in prison,
charged with a crime or under sentence, regains his liberty unlawfully. The
prisoner being to blame for not submitting to the law, and in effecting his
escape, may be retaken whether the escape was voluntary or not. And he may be
indicted, fined and imprisoned for so escaping. See Prison.
13. Escape on mesne process is where the prisoner is not confined on final
process, but on some other process issued in the course of the proceedings, and
unlawfully obtains his liberty, such escape does not make the officer liable,
provided that on the return day of the writ, the prisoner is forthcoming.
14. Escape on final process is when the prisoner obtains his liberty
unlawfully while lawfully confined, and under an execution or other final
decree. The officer is then, in general, liable to the plaintiff for the amount
of the debt.
ESCAPE, WARRANT. A warrant issued in England against a person who
being charged in custody in the king's bench or Fleet prison, in execution or
mesne process, escapes and goes at large. Jacob's L. D. h. t.
ESCHEAT, title to lands. According to the English law, escheat denotes
an obstruction of the course of descent, and a consequent determination of the
tenure, by some unforeseen contingency; in which case the land naturally results
back, by a kind of reversion, to the original grantor, or lord of the fee.. 2
Bl. Com. 244.
2. All escheats, under the English law, are declared to be strictly feudal,
and to import the extinction of tenure. Wright on Ten. 115 to 117; 1 Wm. Bl. R.
3. But as the feudal tenures do not exist in this country, there are no
private persons who succeed to the inheritance by escheat. The state steps in,
in the place of the feudal lord, by virtue of its sovereignty, as the original
and ultimate proprietor of all the lands within its jurisdiction. 4 Kent, Com.
420. It seems to be the universal rule of civilized society, that when
the-deceased owner has left no heirs, it should vest in the public, and be at
the disposal of the government. Code, 10, 10, 1; Domat, Droit Pub. liv. 1, t. 6,
s. 3, n. 1. Vide 10 Vin. Ab. 139; 1 Bro. Civ. Law, 250; 1 Swift's Dig. 156; 2
Tuck. Blacks. 244, 245, n.; 5 Binn. R. 375; 3 Dane's Ab. 140, sect. 24; Jones on
Land Office Titles in Penna. 5, 6, 93. For the rules of the Roman Civil Law, see
Code Justinian, book 10.
ESCHEATOR. The name of an officer whose duties are generally to
ascertain what escheats have taken place, and to prosecute the claim of the
commonwealth for the purpose of recovering the escheated property. Vide 10 Vin.