Plow - Law Dictionary Search Results
Home Dictionary Name: plow Page: 2Common
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...
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....
Arable land
Arable land. The Agricultural Holdings Act, 1923 (13 & 14 Geo. 5, c. 9), s. 30, allows freedom of cropping of arable land, which expression 'shall not include land in grass, which by the terms of any contract of tenancy is to be retained in the same condition throughout the tenancy.''Arable land' is meant not only land capable of cultivation but also actually cultivated. It is not arable not because it is cultivated but because it is something else such as waste, pasture, ancient meadow etc. Indeed the fact that the land is actually cultivated demonstrates its nature as arable-land, Ishvarlal Girdharilal Jushi v. State of Gujarat, AIR 1968 SC 870 (880): (1968) 2 SCR 267. [Land Acquisition Act, 1894, s. 17(1)]According to the Oxford Dictionary 'arable land' is 'land which is capable of being ploughed or fit for village'. In the context of s. 17(1) of the Act the expression must be construed to mean 'lands which are mainly used for ploughing and for raising crops', Raja Anand Brahmo Slah...
Turpis est pars qua non convenit cum suo toto
Turpis est pars qua non convenit cum suo toto (Plow. 161), that part is bad which accords not with its whole....
Gule of August
Gule of August, the first day of that month, Fitz. N.B. 62; Plow. 316....
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem
Nudum pactum est ubi nulla subest causa pr'ter conventionem; sed ubi subest causa, fit obligatio, et parit actionem. Plow. 309, (A naked contract is where there is no foundation for it except the agreement; but where there is a ground, it becomes an obligation, and gives a right of action.) Similarly, Nuda pactio obligationem non parit. Dig. 2, 14, 7, s. 4, (A naked promise does not be get an obligation); and ex nudo pacto non oritur actio. Noy's Max. 24, (An action does not arise from a bare promise.)-See CONSIDERATION; and Vanbergen v. St. Edmund's Properties Ltd., (1933) 2 KB 223....
Solinus terr'
Solinus terr', 'in Domesday booke containeth two plow-lands and somewhat lessee than an halfe.'-Co. Litt. 5 a. But it seems doubtful what amount of land the term really represented-perhaps 160 acres; see Jac. Law Dict...
Terminus et feodum non possunt constare simul in un' e'demque person'
Terminus et feodum non possunt constare simul in un' e'demque person'. Plow. 29, (A term and the fee cannot both be in one and the same person at the same time.)...
Carucate
A plowland as much land as one team can plow in a year and a day by some said to be about 100 acres...
Vix ulla lex potest fieri qua omnibus commoda sit, sed si majori parti prospiciat utilis est
Vix ulla lex potest fieri qua omnibus commoda sit, sed si majori parti prospiciat utilis est (Plow. 369), scarcely any law can be made which is applicable to all things; but it is useful if it regard the greater part....
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