Dead Rent - Law Dictionary Search Results
Home Dictionary Name: dead rentDead rent and royalty
Dead rent and royalty, 'dead rent' is calculated on the basis of the, area leased while 'royalty' is calculated on the quantity of minerals extracted or removed. Thus, while dead rent is a fixed return to the lessor, royalty is a return which varies with the quantity of minerals extracted or removed. Since dead rent and royalty are both a return to the lessor in respect of the area leased looked at from one point of view dead rent can be described as the minimum guaranteed amount of royalty payable to the lessor but calculated on the basis of the area leased and not on the quantity of minerals extracted or removed, D.K. Trivedi v. State of Gujarat, AIR 1986 SC 1323 (1345): (1986) Supp SCC 20....
Dead rent
Dead rent. A rent payable on a mining lease in addition to a royalty, so called because it is payable whether the mine is being worked or not....
Censumethidus
Censumethidus, a dead rent, like that which is called mortmain, Blount....
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Short-ford
Short-ford. The ancient custom of the city of Exeter is, when the lord of the fee cannot be answered rent due to him out of his tenement, and no distress can be levied for the same, he is to come to the tenement, and there take a stone, or some other dead thing of the said tenement, and bring it before the mayor and bailiffs; and this he must do seven quarter-days successively; and if, on the seventh quarter-day, the lord is not satisfied his rent and arrears then the tenement shall be adjudged to the lord to hold the same a year and a day; and forthwith proclamation is to be made in the Court, that if any man claim any title to the tenement, he must appear within the year and a day next following, and satisfy the lord of the said rent and arrears. But if no appearance be made, and the rent not paid, the lord comes again to the Court and prays that according to the custom the tenement be adjudged to him in his demesne as of fee, which is done, and the lord from thenceforth has it to hi...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Fer' natur', animals
Fer' natur', animals. Beasts and birds of a wild disposition, such as deer, hares, coneys in a warren, pheasants, partridges, etc., as distingui-shed from those domit' natur', or tame, such as horses, sheep, poultry, etc. They are not whilst living the subjects of absolute property, so that they cannot be the subject of larceny, nor are they liable to distress for rent. But a man may acquire a qualified property in them, either (1) Per industriam, by his reclaiming and making them tame by art and industry, or by so confining them that they cannot escape, e.g., deer in a park, hares or rabbits in an enclosed warren, etc. The property in them only continues so long as they remain in a man's actual possession, but ceases if they regain their liberty, unless they have animus revertendi, as in the case of pigeons, tame hawks, etc. (2) Ratione impotenti', on account of their inability, as when birds, coneys, etc., make their nests or burrows on a mans' land, then he has a qualified property ...
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