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Home Dictionary Name: held Page: 3Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Tenement
Tenement [fr. teneo, Lat., to hold], in its vulgar acceptation, is only applied to houses and other buildings, but in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal kind. Thus liberum tenementum, frank tenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc, 2 Bl. Com. 16. 'Tenement' may denote the estate is as well as the land. Halsb. L.E., tit. 'Real Property.'Local authorities sometimes refer to separately rated parts of houses or flats s tenements.1. Properly (esp. land) held by freehold; an estate or holding of land 2. A house or other building used as a residence, Black's Law Dictionary, 7th Edn.Means the property especially land, held by free-hold, an estate or holding of land, Black's Law Dictionary, 7th Edn., p. 14801. Properly (esp. ...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Marshalsea, Court of the
Marshalsea, Court of the, originally held before the steward and marshal of the royal house of administer justice between the sovereign's domestic servants, that they might not be drawn into other courts, and their service become lost. It held pleas of all trespasses committed within the verge of the Court (twelve miles round the sovereign's residence), where only one of the parties was in the royal service (in which case the inquest was taken by a jury of the country); and if all debts, contracts, and covenants where both of the contracting parties belonged to the royal household, and then the inquest was composed of men of the household only. But this Court being ambulatory, Charles I. erected a new Court of record, called the curia palatii, or Palace Court, to be held before the steward of the household and knight marshal, and the steward of the Court or his deputy, with jurisdiction to hold plea of all manner of personal actions whatsoever which should arise between any parties wit...
Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
Land
Land, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehend-ing every species of ground, soil or earth, whatso-ever, as meadows, pastures, woods, moors, waters, marshes, furze and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum ejus est altum. See Co. Litt. 4 a.In an (English) Act of Parliament passed after 1850 'land' includes messuages, tenements and hereditaments, houses, and buildings of any tenure, Interpretation Act, 1889, s. 3. By the Law of Property Act,1925, s. 205(1)(ix.), 'land' for the purposes of the Act includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether th...
hold
hold held hold·ing 1 a : to have lawful possession or ownership of [held the property as tenants in common] [the band s the title to the car] b : to have as a privilege or position of responsibility [ing a retail liquor license] [the judges…shall their offices during good behavior "U.S. Constitution art. III"] 2 : to restrain the liberty of ;specif : to keep in custody [the defendant will be held without bail] 3 : to cause to be conducted [will a hearing on the matter] 4 : to rule as the holding of a case [the court held that such conduct violated the statute] compare decide, find ...
Forest Courts
Forest Courts, fallen into absolute desuetude. They were instituted for the government of the royal forests in different parts of the kingdom, and for the punishment of all injuries done to the deer or venison, to the vert or greensward, and to the covert in which such deer were lodged. They consisted of the Courts of attachments, regard, sweinmote, and justice-seat. The Court of attachments, woodmote, or forty days' Court, was held before the verderers of the forest once in every forty days, to inquire into all offences against vert and venison. The Court of regard, or survey of dogs, held every third year, for the expeditation of mastiffs. The Court of sweinmote, held before the verderers thrice in every year, the sweins or freeholders within the forest composing the jury. It inquired into the oppressions and grievances committed by the officers of the forest, and tied presentments certified from the Court of attachments against offences in vert and venison. The Court of justice-seat...
Court-baron
Court-baron, a court which, before 1926 (see COPYHOLDS), although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings.This court might be held at any place within the manor, giving fifteen days' notice, including three Sundays. Of the day when the court will be held; but three or four days' notice have been deemed sufficient. It was frequently held together with the court-leet, and generally assembled but once a year.The freehold tenants alone were suitors to the Court-baron; and it was essential to the existence of the court that there should be two suitors at the least; for since freemen can only be tried by their peers or equals, should there be but one freeman, he could then have no peer or judge, and consequently he had to appeal to the co...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
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