Escheat - Law Dictionary Search Results
Home Dictionary Name: escheat Page: 5Parcel makers
Parcel makers, two officers in the Exchequer who formerly made the parcels of the escheators' accounts, wherein they charged them with everything they had levied for the sovereign's use within the time of their being in office, and delivered the same to the auditors to make up their accounts therewith, Prac. Exch....
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Traverse of an office
Traverse of an office, proof that an inquisition made of lands or goods by the escheator is defective and untruly made....
Testa de nevil
Testa de nevil, an ancient document in two volumes, in the custody of the King's Remembrancer in the Exchequer, more properly called Liber Feodorum.These books contain principally accounts (1) of fees holden either immediately of the king, or others who held of the king in capite, and if alienated whether the owners were in feoffed ab antiquo or de novo, as also fees holden in frankalmoigne, with the values thereof respectively; (2) of serjeanties holden of the king, distinguishing such as were rented or alienated, with the values of the same; (3) of widows, and heiresses of tenants in capite, whose marriages were in the gift of the king, with the values of their lands; (4) of churches in the gift of the king, and in whose hands they were; (5) of escheats, as well of the lands of Normans as others, in whose hands the same were, and by what services holden; (6) of the amount of the sums paid for scutage and aid, etc., by each tenant.These volumes were printed in 1807, under the authorit...
Terra extendenda
Terra extendenda, a writ addressed to an escheator, etc., that he inquire and find out the true yearly value of any land, etc., by the oath of twelve men, and to certify the extent into the chancery, Reg. Brev. 293....
Qude jus
Qude jus, means 'what kind of right'. A writ ordering an escheator to inquire into the extent of a religious person's right to a judgment, before its execution, to make sure that the judgment was not collusively made to avoid the mortmain statute, Black's Law Dictionary, 7th Edn., p. 1253....
Quale jus
Quale jus, a judicial writ, which lay where a man of religion had judgment to recover land, before execution was made of the judgment; it went forth to the escheator between judgment and execution, to inquire what right the religious person had to recover, or whether the judgment were obtained by the collusion of the parties, to the intent that the lord might not be defrauded, Reg. Judic. 8. See 13 Geo. 1, st. 1, c. 32....
Possessio fratris
Possessio fratris, a seisin to turn the descent away from the brother of the half-blood to the sister of the whole-blood; thus, if a father had two sons, A. and B., by different wives, these two brethren were not brethren of the whole-blood, and therefore could never inherit to each other, but the estate rather escheated to the lord. Nay, even if the father died, and his lands descended to his eldest son, A., who entered thereon, and died seised without issue, still B. could not be heir to this estate, because he was only of the half-blood to A., the person last seised; but it descended to a sister (if any) of the whole-blood to A.; for in such cases the maxim was that the seisin, or possessio fratris, made the sister the heiress. Yet, had A. died without entry, B. might have inherited, not as heir to A., his half-brother, but as heir to their common father, who was the person last actually seised, 2 Bl. Com. 227. Abolished by 3 & 4 Wm. 4, c. 106....
Admittance
Admittance, giving possession of a copyhold estate now abolished by the (English) L. P. Act, 1922. See COPYHOLDS; formerly it was of three kinds: (1) Upon a voluntary grant by the lord, where the land has escheated or reverted to him. (2) Upon surrender by the former tenant. (3) Upon descent, where the heir became tenant on his ancestor's death. Land formerly copyhold now being freehold vests in the person having the best right to be admitted, see (English) L.P. Act, 1922, 12th Schedule (8) as amended, and (English) L. P. Act, 1925, s. 202 and 1st Schedule, Part II., (English) S. L. Act, 1925, 2nd Schedule, and see re King's Theatre, (1929) 1 Ch 483....
Hereditary revenues
Hereditary revenues. Crown Lands, escheats (see that title), and certain small branches, such as Post Office Profits, enumerated in 1 Anne, c. 1. The Civil List Act, 1910 (10 Edw. 7 & 1 Geo. 5), in substitution for the Civil List Act, 1901, directed (in effect) that the hereditary revenues which were directed by s. 2 of the Civil List Act, 1837, to be made part of the Consolidated Fund, with the addition of the Osborne Estate under the Osborne Estate Act, 1902, were during that reign and for six months afterwards to be 'paid into the Exchequer, and made part of the Consolidated Fund.'Sect. 2 of the Act of 1837 directed the produce of all the heritous rates, duties, payments, and revenues in England, Scotland, and Ireland respectively, and also the small branches of the hereditary revenues and the produce of the hereditary casual revenues arising from any droits of Admiralty or droits of the Crown, and from the surplus revenues of Gibraltar, or any other possession of her Majesty Queen ...
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