ESTOVERS, estates. The right of taking necessary wood for the use or furniture of a house or farm, from off another's estate. The word bote is used synonymously with the word estovers. 2 Bl. Com. 35; Dane's Ab. Index, h. t.; Woodf. L. & T. 232; 10 Wend. 639; 2 Bouv. Inst. n. 1652 57.
ESTRAYS. Cattle whose owner is unknown.
2. In the United States, generally, it is presumed by local regulations, they are subject to, being sold for the benefit of the poor, of some other public use, of the place where found.
ESTREAT. This term is used to signify a true copy or note of some original writing or record, and specially2 of flues and amercements imposed by a court, and extracted from the record, and certified3 to a proper officer or officers authorized4 and required to collect them. Vide F. N. B. 57, 76.
ESTREPE. This word is derived5 from the French, estropier, to cripple. It signifies an injury to lands, to the damage of another, as a reversioner. This is prevented by a writ1 of estrepemeut.
ESTREPEMENT. The name of a writ which lay at common law to prevent a party in possession from committing waste on an estate, the title to which is disputed, after judgment6 obtained in any real action, and before possession was delivered by the sheriff.
2. But as waste might be committed in some cases, pending7 the suit, the statute8 of Gloucester gave another writ of estrepement pendente placito, commanding the sheriff firmly to inhibit9 the tenant10 "ne faciat vastum vel strepementum pendente placito dicto indiscusso." By virtue11 of either of these writs12, the sheriff may resist those who commit waste or offer to do so; and he may use sufficient force for the purpose. 3 Bl. Com. 225, 226.
3. This writ is sometimes directed to the sheriff and the party in possession of the lands, in order to make him amenable13 to the court as for a contempt in case of his disobedience to the injunction of the writ. At common law the process proper to bring the tenant into court is a venire facias, and thereon an attachment14. Upon the defendant15's coming in, the plaintiff declares against him. The defendant usually pleads "that he has done no waste contrary to the prohibition16 of the writ." The issue on this plea is tried by a jury, and in case they find against the defendant, they assess damages which the plaintiff recovers. But as this verdict convicts the defendant of a contempt, the court proceed against him for that cause as in other cases. 2 Co. Inst. 329; Rast. Ent. 317; Brev. Judic. 88; More's Rep. 100; 1 Bos. & Pull. 121; 2 Lilly's Reg. tit. Estrepement; 5 Rep. 119; Reg. Brev. 76, 77.
4. In Pennsylvania, by legislative17 enactment18, the remedy by estrepement is extended for the benefit of any owner of lands leased for years or at will, at any time during the continuance or after the expiration19 of such demise20, and due notice given to the tenant to leave the same, agreeably to law, or for any purchaser at sheriff or coroner's sale of lands. &c., after he has been declared the highest bidder21 by the sheriff or coroner; or for any mortgagee or judgment creditor22, after the lands bound by such judgment or mortgage, shall have been condemned23 by inquisition, or which may be subject to be sold by a writ of venditioni exponas or levari facias. Vide 10 Vin. Ab. 497; Woodf. Landl. & Ten, 447; Archb. Civ. Pl. 17; 7 Com. Dig. 659.
ET CETERA. A Latin phrase, which has been adopted into English; it signifies. "and the others, and so of the rest," it is commonly abbreviated24, &c.
2. Formerly25 the pleader was required to be very particular in making his defence. (q. v.) B making full defence, he impliedly admitted the jurisdiction26 of the court, and the competency of the plaintiff to sue; and half defence was used when the defendant intended to plead to the jurisdictions27 or disability. To prevent the inconveniences which might arise by pleading full or half defence, it became the practice to plead in the following form: " And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, &c., and says," which was either full or half defence. 2 Saund. 209, c.; Steph. Pl. 432; 2 Chit. Pl. 455.
3. In practice, the &c. is used to supply the place of words which have been omitted. In taking recognizance, for example, it is usual to make an entry on the docket of the clerk of the court, as follows: A B, tent, &c., in the sum of $1000, to answer, &c. 6 S. & R. 427.
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