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Lease and release

Lease and release, a mode of conveyance which derived its effect from the Statute of Uses, compounded of a lease for a year at Common Law, or a bargain and sale for a year under the Statute of Uses, and a Common Law Release. This compound conveyance originated thus: The Statute of Enrolments (27 Hen. 8, c. 16) seemed to be confined to cases where an estate of inheritance or freehold, or the use thereof, was to be made or take effect by reason only of a bargain and sale; it was therefore concluded that if a bargain and sale were first made for an estate less than freehold, as for one year, and then the inheritance or freehold were superadded by a separate deed of release, the transaction could not be affected by the statute;and that such release to the bargainee would be valid, without his entry upon the lands, as a consequence of the strong words in the Statute of Uses which converts all vested uses at once into legal estates. The convenience and general applicability of the lease ad r...


Quia Emptores, Statute of

Quia Emptores, Statute of (18 Edw. 1, st. 1, c. 1), A.D. 1290, West. The Third. It is entitled in the Parliament-roll, from the subject of it, statutum regis de terris vendendis et emendis. Prior to this statute any person might, by a grant of land, have created a tenure as of his person; but if no such tenure were reserved, the feoffee held of the feoffor by the same services by which the feoffor held of his superior lord. The consequence was, that all the fruits of tenure fell into the hands of the feoffors or mesne lords, to the prejudice of the superior lords of the fee; for remedy whereof it was by this statute enacted; 'That thenceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part of them, so that the feoffee shall hold the same lands or tenements of the chief lord of the same fee, by such service and customs as his feoffor held before.'-2 Inst. 500; 2 Reeves, c. 11, p. 223....


Churchwardens

Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...


Old tenures

Old tenures, a treatise, so called to distinguish it from Littleton's book on the same subject, which gives an account of the various tenures by which land was holden, the nature of estates, and some other incidents to landed property in the reign of Edward III. it is a very scanty tract, but has the merit of having led the way to Littleton's famous work, 3 Reeves, 151....


Court-leet

Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...


Curtesy of England

Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...


Statutum hiberni' de coh'redibus

Statutum hiberni' de coh'redibus (14 Hen. 3). In from it appears to be an instruction given by the King to his justices in Ireland, directing them how to proceed in a certain point where they entertained a doubt. It seems the justices itinerant in that country had a doubt, when land descended to sisters, whether the younger sisters ought to hold of the eldest, and do homage to her for their several portions, or of the chief lord, and do homage to him; and certain knights had been sent over to know what the practice was in England in such a case, 1 Reeves, 259....


Surrender of copyholds

Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...


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