( 554 ) ; writ is called a writ of error coram vobis the writ in these cases being merely in the nature of a commission to the judges to examine the error, without removing the record out of the court. Id. ibid. 1137, 1143. See Coram nobis, Coram nobis. The same kind of writ, under the name of a writ of error for error in fact, is in use in such of the United States as follow the English practice. But the most usual and important species of writ of error is that which lies for error in law, and which removes the record to a superior court, in order to have the judgment reviewed. This writ is well described as consisting of two parts, a certiorari to remove the record, and a commission to examine it. 2 Tidd's Pr. 1134, 1143. 1 Arch. Pr. 229, 230. When the record, or a transcript of it has been removed to the superior court in compliance with the writ, the particular error complained of is brought before the court by means of pleadings and issue thereon; and after argument on the points presented by the parties, if the court be of opinion that there is error in the judgment of the court below, it proceeds to reverse the judgment; otherwise, the judgment is affirmed. See United States Digest, Error. Under the new practice introduced in England, by the Common Law Procedure Act of 1852, writs of error are, in most cases, abolished. They have also been abolished in New-York, Ohio, Indiana, and several other states. See Writ of error. (555) land was recovered of a tenant, as in an action of dower, and the tenant had vouched another to warranty, he was allowed out of the vouchee's land enough to make up for what he had lost, which was called escambium ad valentiam; (L. Fr. eschaunge a la vaillaunce). Bract. fol. 27, 296 b, 301, 387 b. Britt. c. 75, 105. (556) 1 Crabb's Real Prop. 638, § 818. 2 Id. 144. Termes de la Ley. 2 Bl. Com. 245. 1028, 2411. Mr. Stephen distinguishes 3 Id. 194. Now abolished. 1 Steph. Com. between escheat properly so called, and for401, note. feiture; the former being the effect of the death of the tenant without heirs, the latter of his violation of his duty to his lord. 1 Steph. Com. 166. A distinction is also made in the case of attainder, between escheat to the lord of the fee, and forfeit ure to the crown. Id. 409. See ForfeitBut both words seem to have been used indifferently to signify the same thing, from a very early period. Britt. c. 18. See Escata, Eschete. ure The land or fee itself, which thus fell back to the lord. Spelman, voc. Eschata. Such lands were called excadentiæ, or terræ excadentiales. Fleta, lib. 6, c. 1. Co. Litt. 13 a. Any profits that fell to the lord on the tenant's death, without heirs. Called by the civilians caduca, (q. v.) Co. Litt. 13 a. Escheat is applied, in old records, to material substances that fell to the ground. Thus the escheat of wood, signified all the appendages of lop and top, &c. that belonged to a tree felled or cut down. John de Grey, Bishop of Norwich, gave liberty to the monks of his church, that in his wood of Thorp they should have one tree with the branches, bark, loppings, root, and all the escheat, (tota eschata). Cowell. See Escata. (557) Felons es Stat. Westm. 1, claimed; publicly declared. cries; notorious felons. c. 12. ESCRIPT, Escrit. L. Fr. Writing; a writing; a written instrument. Mettre en escript; to put in writing. Britt. fol. 1. En escript, issint que lescript soit endente; in writing, so that the writing be indented. Id. c. 2. Par escript de une parte. Id. Soit lour verdit mys en escrit; their verdict shall be put in writing. Id. c. 58. Par title de escrit. Id. c. 66. See Best on Evid. 240, § 198, note. c. 51.