EMPTION. The act of buying.
EMPTOR. A buyer; a purchaser.
EN DEMEURE. In default. This term is used in Louisiana. 3 N. S. 574. See Moral in.
ENABLING POWERS. A term used in equity1. When the donor2 of a power, who is the owner of the estate, confers upon persons not seised of the fee, the right of creating interests to take effect out of it, which could not be done by the donee of the power, unless by such authority; this is called an enabling power. 2 Bouv. Inst. n. 1928.
TO ENACT3. To establish by law; to perform or effect; to decree. The usual formula in making laws is, Be it enacted4.
ENCEINTE, med. jur. A French word, which signifies pregnant.
2. When a woman is pregnant, and is convicted of a capital crime, she cannot lawfully5 be punished till after her delivery.
3. in the English law, where a widow is suspected to feign6 herself with child, in order to produce a supposititious heir to the estate, the presumptive heir may have a writ7 de ventre inspiciendo, to examine whether she be with child or not. Cro. Eliz. 566; 4 Bro. C. C. 90. As to the signs of pregnancy8, see 1 Beck's Med. Jur. 157. See, generally, 4 Bl. Com. 894; 2 P. Wms. 591; 1 Cox, C. C. 297 and Pregnancy; Privement enceinte.
ENCLOSURE. An artificial fence put around one's estate. Vide Close.
ENCROACHMENT9. An unlawful gaining upon the right or possession of another; as, when a man sets his fence beyond his line; in this case the proper remedy for the party injured is an action of ejectment, or an action of trespass10.
ENCUMBRANCE11. A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A mortgage, a lien12 for taxes, are examples of encumbrances13.
2. These do not affect the possession of the grantee, and may be removed or extinguished by a definite pecuniary14 value. See 2 Greenl. R. 22; 5 Greenl. R. 94.
3. There are encumbrances of another kind which cannot be so removed, such as easements for example, a highway, or a preexisting right to take water from, the land. Strictly15 speaking, however, these are not encumbrances, but appurtenances to estates in other lands, or in the language of the civil law, servitudes. (q. v.) 5 Conn. R. 497; 10 Conn. R. 422 15 John. R. 483; and see 8 Pick. R. 349; 2 Wheat. R. 45. See 15 Verm. R. 683; l Metc. 480; 9 Metc. 462; 1 App. R. 313; 4 Ala. 21; 4 Humph. 99; 18 Pick. 403; 1 Ala. 645; 22 Pick. 447; 11 Gill & John. 472.
ENDEAVOR, crim. law. An attempt. (q. v.) Vide Revolt.
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