Hay Bote - Law Dictionary Search Results
Home Dictionary Name: hay boteHay-bote
Hay-bote, a liberty to take thorns and other wood to make and repair hedges, gates, fences, etc., either by tenant for life or years; also wood for making of rakes and forks. See BOTE....
Bote
Bote [fr. bot, A.S.; beton, to repair, synonymous with estovers, Fr.; esroffer, to furnish], necessaries for the maintenance and carrying on of husbandry. The owner of an estate for life or for years is entitled, even if he is impeachable for waste and unless expressly restrained by the terms of the conveyance, settlement, or devise, to reasonable estovers or botes, i.e., necessary wood, such as house-bote, plough-bote, cart-bote, and hay-bote or hedge-bote. House-bote is a sufficient allowance of wood from off the estate to repair or burn in the house, and sometimes termed fire-bote; plough-bote and cart-bote are wood to be employed in making and repairing all instruments of husbandry; and hay-bote or hedge-bote is wood for repairing of hays, hedges, or fences. The word also signifies reparation for any damage or injury done, as man-bote, which was a compensation or amends for a man slain, etc., 2 Bl. Com. 35; Jac. Law Dict.A compensation or profit; Black's Law Dictionary, 7th Edn....
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Quo minus
Quo minus, a writ which lay for him who had a grant of house-bote and hay-bote in another's woods against the grantor making such waste whereby the grantee could the less enjoy his grant, Old N.B. 148.It also lay for the King's accountant in the Exchequer against any person against whom he had a right of action, and was called a quo minus because in it the plaintiff suggested that he was the King' farmer or debtor, and that the defendant had done himthe injury or damage complained of; quo minus sufficiens existit, by which he is less able to pay the King his debt or rent; see 3 Bl. Com. 45. Afterwards this suggestion of being debtor to the King was allowed to be inserted by any plaintiff who wished to proceed in that Court against any defendant, as a mere matter of form, and in this way the Court of Exchequer obtained a jurisdiction co-extensive with that of the Common Pleas in actions personal. The writ of quo minus was abolished by 2 Wm. 4, c. 39....
Carte-bote
Carte-bote. See BOTE....
Dolg-bote
Dolg-bote [fr. dolg, Sax., wound, and bote, recompense], a recompense for a scar or wound, Cowel....
Hedge-bote
Hedge-bote, materials to make hedges, which a lessee for years, etc., may of common right take from the land leased.-see BOTE....
Bote
Compensation amends satisfaction expiation as man bote a compensation or a man slain...
Booting, or Boting corn
Booting, or Boting corn [fr. boteor boot, Sax., compensation], rent corn, anciently so called....
Feud-bote
Feud-bote, a recompense for engaging in a feud or quarrel, Cowel's Law Dict....
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