Heriot - Definition - Law Dictionary Home Dictionary Definition heriot

Definition :

Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.

A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.

The extinction of heriots was first attempted by the (English) Copyhold Act, 1841, s. 13. By the (Eng-lish) Copyhold Act, 1852, s. 16, and the Copyhold Act, 1858, ss. 7 and 8, more effectual provisions were made for this purpose; and s. 6 of the (English) Copyhold Act, 1894, enacts that values on a compulsory enfranchisement shall make allow-ance for heriots amongst other things; while s. 2 of the same Act, re-enacting s. 7 of the Copyhold Act, 1887, enacts that a lord or tenant of any land liable to any heriot may require and compel the extinguishment of the right to it. Heriots were included among the manorial incidents which were saved by the (English) L.P. Act, 1922, s. 128 (2), notwithstanding the enfranchisement of copyholds by that Act, until they are extinguished either by compensation or lapse of time (see s. 138, ibid.), but after 1925 [(English) L.P. Act (Postpone-ment Act), 1924 (c. 4)] a sum of money is to be paid equal to the value instead of any chattel liable to seizure, and a heriot became re
coverable only as a civil debt, and therefore would be barred by lapse of time [(English) L.P. Act, 1922, s. 130 (5)]. See COPYHOLD. Consult Elton or Scriven on Copyholds.