ENT

Also used of the disclosure by a bank- rupt of his property for the benefit of credi- tors. In Practice. The disclosure of facts resting in the knowledge of the defendant, or the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in some other suit or proceeding. It was originally an equitable form of procedure, and a bill of discovery, strictly so called, was brought to assist parties to suits in other courts. Every bill in equity is in some sense a bill of discovery, since it seeks a disclosure from the defendant, on his oath of the truth of the circumstances constituting the plaintiff's case as propounded in his bill; Story, Eq. Jur. § 1488; but the term is technically applied as defined above. See 4 R. I. 450; 2 Stockt. Ch. 273. Many important questions have arisen out of the exercise of this power by equity; but these are of comparatively little practical Importance in England and many of the states of the United States, where parties may be made witnesses and com- pelled to produce books and papers in courts of law; Steph. 598; 17 & 18 Vict. c. 125. Such bills are greatly favored in equity, and are sustained in all cases where some well-founded objection does not exist against the exercise of the jurisdiction; Story, Eq. Jur. §1488; 8 Conn. 528; 2 H. & G. 382. See 17 Mass. 117; 22 Me. 207; 4 Hen. & M. 478; 3 Md. Ch. Dec. 418; 40 III. App. 616. Some of the more important of the objections are, -first, that the subject is not cognizable in any municipal court of justice; Story, Eq. Jur. § 1489; second, that the court will not lend its aid to obtain a discovery for the particular court for which it is wanted, as where the court can itself compel a dis- covery; 2 Ves. 451; 2 Edw. Ch. 605; 37 Ν. H. 55; third, that the plaintiff is not enti- tled by reason of personal disability; fourth, that the plaintiff has no title to the char- acter in which he sues; 4 Paige, Ch. 639; fifth, that the value of the suit is beneath the dignity of the court; sixth, that the plaintiff has no interest in the subject-mat- ter or title to the discovery required; 2 Bro. Ch. 331; 4 Madd. 193; Cooper, Eq. Pl. c. 1, §4; 2 Metc. Mass. 127; 17 Me. 404; 10 Ky. L. Rep. 930; or that an action for which it is wanted will not lie; 3 Bro. Ch. 155; 1 Bligh, N. S. 120; 3 Y. & C. 255; see 1 Phill. Ch. 209; seventh, that the defendant is not answerable to the plaintiff, but that some other person has a right to call for the dis- covery; eighth, that the policy of the law ex- empts the defendant from the discovery, as on account of the peculiar relations of the parties; 2 Y. & C. 107; 8 E. L. & Eq. 89; 35 id. 283: 3 Paige, Ch. 36; in case of arbi- trators; 2 Vern. 380; 3 Atk. 529; ninth, that the defendant is not bound to discover his own title; Bisph. Eq. 561; 1 Vern. 105; 6 Whart. 141; see 61 Conn. 593; or that he is a bona fide purchaser without notice of the plaintiff's claim; 2 Edw. Ch. 81; 8 M. & K. 581; 8 Sim. 153; 5 Mas. 269; 1 Sumn. 506; 7 Pet. 252; 7 Cra. 2; 6 Paige, Ch. 323; and see 33 Vt. 252; 1 Stockt. 82; tenth, that the discovery is not material in the suit; 2 Ves. 491; 1 Johns. Ch. 548; eleventh, that the defendant is a mere witness; 2 Bro. Ch. 332; 3 Edw. Ch. 129; but see 2 Ves. 451; 1 Sch. & L. 227; 11 Sim. 305; 1 Paige, Ch. 37; twelfth, that the discovery called for would criminate the defendant, The suit must be of a purely civil nature, and may not be a criminal prosecution; Lofft 1; 19 How. St. Tr. 1154; 7 Md. 416; a penal action; 1 Keen 329; 2 Blatchf. 39; a suit partaking of this character; 1 Pet. 100; 6 Conn. 38; 14 Ga. 255; or a case in- volving moral turpitude. See 1 Bligh, N. S. 96; 2 E. L. & Eq. 117; 5 Madd. 229; 11 Beav. 380; 1 Sim. 404; 24 Miss. 17. Workmen pledged to secrecy and em- ployed in a factory in which the business is conducted in private, to secure secrecy as to the method of manufacture, will not be compelled, in a suit against their employer, to disclose such secrets; 49 Fed. Rep. 17. A corporation not a party to a suit will not be compelled to open its records which it is claimed will disclose something of im- portance to the litigation; 85 Fed. Rep. 15; nor is an adverse examination of a defend- ant before trial allowable for the purpose of discovering a cause of action; 3 Misc. Rep. 514; 67 Hun 398. An infant party to an action cannot be compelled to make discovery of documents; [1892] 2 Q. B. 178. The court has power to allow a party to an action to take photographs of documents in the possession of the other party; [1893] 2 Q. B. 191. It seems to be settled that a bill will lie against a corporation and its officers to com- pel a discovery from the officers, to aid a plaintiff or a defendant in maintaining or defending a suit brought against or by the corporation alone; 19 Blatchf. 69; 1 Ch. D. 71; 144 Mass. 347. In the sense in which the word is used with respect to equity suits generally, there was, until a compa

(547) L. Fr. In; in the mean time. Kelham. (548) Ord. ENTORSE, Entoir, Entour, Entur. L. Fr. About; round; concerning. Kelham.

It may proceed by bill in equity for a decree of nullity, and an order of cancella- tion of a patent issued by the government itself, ignorantly, or in mistake, for lands reserved from sale by law, and a grant of which by a patent was therefore void: 2 Wall. 525; or where a patent issued in mistake, and the government has a direct interest or is under an obligation respecting the relief invoked; 141 U. S. 358; or when the patent was issued by mistake or ob- tained by fraud; 146 id. 120; the initiation and control of such a suit lies with the at torney-general; 125 id. 273; 127 id. 338. Misrepresentations knowingly made by the applicant for a patent will justify the government in proceeding to set it aside, as it has a right to demand a cancellation of a patent obtained by false and fraudu- lent representations; 128 id. 673; see 137 id. 161; but courts of equity cannot set aside, annul, or correct patents or other evidence of title obtained from the United States by fraud or mistake, unless on spe- cific averments of the mistake or fraud, supported by clear and satisfactory proof; 121 id. 325. A bill in equity is the proper remedy; 11 How. 552; although a patent fraudulently obtained by one knowing at the time that another person has a prior right to the land may be set aside by an information in the nature of a bill in equity filed by the attorney of the United States for the district in which the land lies; id. A court of equity, upon a bill filed for that pur pose, will vacate a patent of the United States for a tract of land obtained by mis take from the officers of the land office, in order that a clear title may be transferred to the previous purchaser; 4 Wall. 232; but a patent for land of the United States will not be declared void merely because the evidence to authorize its issue is deemed insufficient by the court; 16 Ohio 61. A state can impeach the title conveyed by it to a grantee only by a bill in chancery to cancel it, either for fraud on the part of the grantee or mistake of law; and until so cancelled, it cannot issue to any other party a valid patent for the same land; 149 U. S. 79. After the issue of a patent, assignment and transfers of the pre-emption right will. not be inquired into; 4 McLean 866. The issue of a patent of public lands to a person not equitably entitled to it does not pre- clude the owner of the equitable title from enforcing it in a court of equity; 147 U. 8. 47; and fraud on the part of a grantee under a patent does not prevent the legal title from passing to a bona fide purchaser; 7 U. 8. App. 128; unless the purchaser had sufficient information to put him on inquiry of fraud, in which case he is not a bona fide purchaser; 146 U. S. 120. A patent to a de ceased person is void; 12 Pet. 264; 7 Ohio 288. On the acquisition of the territory from Mexico, the United States acquired the title to lands under tidewater, in trust for future states that might be erected out of the territory; but this doctrine does not apply to lands that had been previously granted to other parties by the former gov- ernment; 142 U. S. 161. See LANDS, PUB- LIC; LAND WARRANT; LAND GRANT.

Initialism of ear, nose and throat. | An otorhinolaryngologist; an ear, nose and throat doctor.

Alternative letter-case form of ent.