E T C 
6oi E S T 
. Of estate in fee-simple. An estate in fee- 
simple, is an estate, lands, tenements, lord- 
ships, advowsons, commons, estovers, and 
all hereditaments, to a man and his heirs for 
ever: also, where a corporation sole or aggre- 
gate are capable of holding in succession, 
and lands are given to them and their succes- 
sors, they are said to have a fee-simple. 2 
Bac. Abr. 249. 
Of estate in tail. An estate is said to be in- 
tailed, when it is ascertained what issue shall 
inherit it. 
y Bat things may be intailed, by the statute 
of intails. The statute makes use of the word 
tenementum, and therefore the estate to be 
intailed, may be as well incorporeal as cor- 
poreal inheritances, because the word tene- 
mentum comprehends the one as well as the 
other, and consequently, not only lands may 
be intailed, but all rents, commons, estovers, 
or other profits arising from lands. Co. Lit. 
19, b. 20, a. 
What words create an estate tail. When 
the notion of succession prevailed, it was 
necessary in feudal donations to use the 
word heirs, to distinguish such descendible 
ifoud from that which was granted only for 
life; but as do the word body, it was neces- 
sary to make use of that in the donation, but 
it might be expressed by any equivalent words, 
and therefore a gift to a man and haeredibus de 
se, or de came quo sibi contigerit habere, or 
procreavit, is a good estate tail ; for these suf- 
ficiently circumscribe the word heirs, to the de- 
scendants of the feudatory : and the reason of 
the difference is, because inheritances are 
only derived from the law, and the law requires 
the word heirs, that comprehends the whole 
notion of such legal representation; but the 
limiting the inheritance to the descendants of 
this or the other body, is only the particularjin- 
tention of the person that forms the gift, and 
therefore the law leaves every man to ex- 
press himself in such manner as'may mani- 
fest that intention. 2 Bac. Abr. 259. 
Of tenant in tail charging his estate. The 
statute de donis, affecting a perpetuity, re- 
strained the donee in taii, either from alienat- 
ing or charging his estate tail ; and by that 
act the tenant in tail was likewise to leave the 
land to his heirs as he received it from the 
donor ; and upon that statute the heir in tail 
might have avoided any alienation or incum- 
brance of his ancestors ; and as the law stood 
upon that act, so might he in reversion, 
w hen the heirs of the donee failed, which 
were inheritable to the gift. The crown 
long struggled to break through the perpe- 
tuity which was established by this law ; and 
in the reign of Ed. IV. we find the pretended 
recompence given against the vouchee in the 
common recovery to be allowed as equiva- 
lent for the estate tail ; and because the re- 
compence was to go in succession as the land 
in tail should have done, therefore they al- 
lowed the recovery to bar the reversion as 
well as the issue in tail, because he in the re- 
version was to have the recompence in failure 
of issue of the donee. 2 Bac. Abr. 26 5. See 
Recovery. 
ESTOILEE', or cross estoilee , in herald- 
ry, a star with only four long rays in form 
o’f a cross ; and, accordingly, broad in the 
centre, and terminating in sharp points. 
ESTOPPEL, in law, an impediment or 
bav to an action, which arises from a person’s 
«wu act 5 or rather, where he is forbidden by 
E S.T 
law to speak against his. deed, which he may 
not do, even to plead the truth. Thus where 
a person is bound in a bond by such a name, 
and is afterwards sued by the same name on 
the obligation, he, shall not be allowed to say 
lie is misnamed, but shall answer according 
to the bond, though it be wrong. Hence the 
parlies in all deeds are estopped from saying 
any thing against them. However, a plain- 
t iff is not estopped from saying any tiling 
against what he had said in his writ or declara- 
tion ; and though parties may be estopped, 
yet juries are not so, who may find tilings 
out of the record. 
ESTOVERS, in law, is a liberty of tak- 
ing necessary wood for the use or furniture 
ot a house or farm. And this any tenant 
may take from off the land let or demised to 
him, without waiting for any leave, assign- 
ment, or appointment of the lessor, unless he 
is restrained by special covenant to the 
contrary. 2 Black. 35. 
ESTRAYS and waifs, in law. Estrays 
are where any horses, sheep, hogs, beasts, 
or swans, or any beast that is not wild, come 
into a lordship, and are not owned by any 
man. Kilch. 23. The reason of estray is, 
because when no person can make title to 
the thing the law gives it to the king, if the 
owner does not claim it within a year and a 
day. 
Waifs are goods which are stolen, and 
waved or left by the felon, on his being pur- 
sued, for fear of being apprehended, and for- 
feited to the king or lord of the manor: and 
though \s aifs are generally spoken of things 
stolen, yet if a man is pursued with hue and 
cry as a felon, and he Hies and leaves his own 
goods, these will be forfeited as goods stolen ; 
but they are properly the fugitive’s goods, 
and not forfeited till it is found before the 
coroner, or otherwise of record, that he fied 
for the felony. 2 Haw. 450. 
Waifs and strays were antiently the pro- 
perty of (he finders by the law of nature, 
and afterwards the property of the king by 
the law of nations. Halt. Sher. 79. Waifs 
and strays not claimed within the year and 
day are the lord’s. For where the lord has a 
beast a year and a day, and it has been cried 
in the church and markets, the property is 
changed. Kitch. 80. But it must be a year 
and a day from the time of proclamation, and 
not from the time of seizure ; for it does not 
become an estray tiil after the first procla- 
mation. 1 1 Mod. 89. 
ESTREAT, is a true copy or note of some 
original writing on record, and especially of 
fines and amercements imposed in the rolls 
of a court, and extracted or drawn out 
thence, and certified into the court of exche- 
quer: whereupon process is awarded to the 
sheriff to levy the same. 
ESTREPFMENT, or Estrepament, 
the spoil made by a tenant for life, upon any 
lands or woods, to the prejudice of the rever- 
sioner. 
Estrepement also signifies a writ which lies in 
two cases ; the one is when the person having 
an action depending (as a formedon, or dinn 
fuit intra aetatem, or writ of right, or any 
other), wherein the demandant is not to re- 
cover damages, sues to inhibit the tenant 
from making waste during the suit. The 
other is tor the demandant that is adjudged 
to recover seisin of the land in question, and 
before execution sued by the writ habere fa- 
cias seisimmr, for fear of waste to be made 
before he can get possession : he then sues out 
this writ. 
ETCHING, is a manner of engraving on 
copper, in which the lines or strokes, instead 
of being cut with a tool or graver, are cor- 
roded in with aquafortis. 
It is a much later invention than the art of 
engraving by cutting the lines on the copper, 
and has many advantages over it for some 
purposes ; though it cannot supersede the use 
of the graver entirely, as there are many 
things that cannot be etched so well as they 
can be graved. 
In almost all the engravings on copper that 
are executed in the stroke manner, etching 
and graving arc combined, the plate being 
generally begun by etching, and finished 
with the graver. Landscapes, architecture, 
and machinery, are tiie subjects that receive 
most assistance from the art of etching ; fop 
it is not so applicable to portraits and histo- 
rical designs. 
We shall first describe the various instru- 
ments and materials used in the art. 
C opper-plates may be had ready prepared 
at the coppersmiths by those who reside in 
large towns; but when this cannot be had, 
procure a piece of pretty thick sheet-copper 
from a brazier, rather larger than your draw- 
ing, and let him planish it well ; then take a 
piece of pumice-stone, and with water rub it 
all one way, till the surface is as smooth and 
level as it can be made by that means : a 
piece of charcoal is next used with water for 
polishing it still farther, and removing the 
deep scratches made by the pumice-stone; 
and it is then finished with a piece of char- 
coal of a finer grain, with a little oil. 
Etching-points or needles are pointed in- 
struments of steel, about an inch long, fixed 
in handles of hard wood, about six inches in 
length, and of the size of a goose-quill. They 
should be well tempered, and very accurately 
fixed in the centre of the handle." They must 
be brought to an accurately conical point, by 
rubbing upon an oil-stone, with which it is 
also very necessary to be provided. Several 
of these points will be necessary. 
A parallel-ruler is necessary for drawing 
parallel straight lines. This is best when 
faced with brass, as it is not then so liable to 
be bruised by accident. 
Compasses are useful for striking circles and 
measuring distances. 
Aquafortis, or, what is better, spirit of ni- 
tre (nitrous acid), is used for corroding the 
copper, or biting in, as it is called. 'This 
must be kept in a bottle with a glass stopple, 
for its fumes destroy corks. A stopple made 
of wax will serve as a substitute, or a cork 
well covered with wax. 
Bordering-wax, for surrounding the margin 
of the copper-plate when the aquafortis is 
pouring on. '1 his may be bought ready pre- 
pared, but it may be made as follows : 
Take one-third of bee’s-wax to two-thirds 
of pitch ; melt them in an iron ladle, and 
pour them, when melted, into water luke- 
warm ; then mould it with your hand till it is 
thoroughly incorporated, and all the water 
squeezed out. Form it into rolls of conve- 
nient size. 
Turpentine-varnish is used for covering the 
copper-plate with, in any part where you do 
not wish the aquafortis to bite. This 'may be 
diluted to a proper consistence with turpen- 
