Crown Cases Reserved - Law Dictionary Search Results
Home Dictionary Name: crown cases reserved Page: 2Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Advowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
Transubstantiation
Transubstantiation, 'the change of the substance of the Bread and Wine in the Supper of our Lord' (Art. 28 of the Thirtynine Articles of Religion); 'a conversion of the whole substance of the Bread into the Body and of the whole substance of the Wine into the Blood, which conversion the Catholic Church calls Transubstantiation.'-Creed of Pope Pius IV., founded on Ch. iv., sess. xiii., of the Council of Trent.Declaration against Transubstantiation.-A Declaration (commonly called the 'Declaration against Transubstantiation') was required of all members of either House of Parliament in 1678, by 30 Car. 2, st. 2, c. 1, with the effect of disabling Roman Catholics from sitting in either House till the passing of the Roman Catholic Relief Act of 1829 (10 Geo. 4, c. 7).Declaration by each new Sovereign.-Both the Bill of Rights (1 W. & M. sess. 2, c. 2), and the Act of Settlement (12 & 13 Wm. 3, c. 2), by an incorporation, by reference only, of 30 Car. 2, st. 2, c. 1 (of which 'so much as is u...
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