Escheator

Traverse of an office

Traverse of an office, proof that an inquisition made of lands or goods by the escheator is defective and untruly made....

An officer whose duty it is to observe what escheats have taken place and to take charge of them...

Custos temporalium, the person to whom a vacant seeor abbey was given by the king, as supreme lord. His office was, as steward of the goods and profits, to give an account to the escheator, who did the like to the Exchequer, Encyc. Londin....

Diem clausit extremum

Diem clausit extremum, a writ issued in the event of the death of a tenant in capite. By this writ the escheator of the county was commanded to inquire by a jury of what lands the tenant died seised, and of what value, and who was the next heir to him. It was one of the five writs issued by the Crown for taking inquisitions post mortem. See Hubback on Succn., ch. vii, P. 584....

Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...

O. Ni

O. Ni. It was the course of the Exchequer, as soon as a sheriff or escheat or entered into his account for issues, amerciaments, etc., to mark upon his head O. Ni which denoted oneratur, nisi habeat sufficiente exonerationem, and presently he became the king's debtor, and a debet was set upon his head; where-upon the parties paravaile became debtors to the sheriff or escheator, and discharged against the king, 4 Inst. 116....

Quale jus

Quale jus, a judicial writ, which lay where a man of religion had judgment to recover land, before execution was made of the judgment; it went forth to the escheator between judgment and execution, to inquire what right the religious person had to recover, or whether the judgment were obtained by the collusion of the parties, to the intent that the lord might not be defrauded, Reg. Judic. 8. See 13 Geo. 1, st. 1, c. 32....

Qude jus

Qude jus, means 'what kind of right'. A writ ordering an escheator to inquire into the extent of a religious person's right to a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute, Black's Law Dictionary, 7th Edn., p. 1253....

Terra extendenda

Terra extendenda, a writ addressed to an escheator, etc., that he inquire and find out the true yearly value of any land, etc., by the oath of twelve men, and to certify the extent into the chancery, Reg. Brev. 293....

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