Demise - Definition - Law Dictionary Home Dictionary Definition demise

Definition :

Demise, a grant; it is applied to an estate either in fee or for term of life or years, but most commonly to the latter; it is used in writs for any estate, 2 Inst. 483.

The operative word 'demise' in a lease implies a covenant on the part of the lessor for the lessee's quiet enjoyment during the term, Hart v. Windsor, (1843) 12 M&W 85; Markham v. Paget, (1908) 1 Ch 697; but an express covenant for quiet enjoyment excludes any implied one, Line v. Stephenson, (1838) 4 Bing NC 678.

Of the Crown. The death of the sovereign, demissio regis vel coron', an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual, Plowd. 177. See (English) Succession to the Crown Act, 1707 (6 Anne, c. 41) (c. 7 as commonly printed), s. 8, as to continuance for six months of Privy Councillors, Lord Chancellor, and others; (English) Demise of the Crown Act, 1837 (7 Wm. 4 & 1 Vict. c. 31), as to continuance of military commissions; (English) Representation of the People Act, 1867 (30 & 31 Vict. c. 102), s. 51, as to continuance of Parliament on demise of the Crown; and lastly, the (English) Demise of the Crown Act, 1901 (1 Edw. 7, c. 5), by which 'the holding of any office under the Crown, whether within or without His Majesty's dominions, shall not be affected, nor shall any fresh appointment thereto be rendered necessary, by the demise of the Crown,' the Act taking effect 'as from the last demise of the Crown,' but containing no express repeals of prior Acts in pari material impliedly repealed.