Tenure - Law Dictionary Search Results
Home Dictionary Name: tenure Page: 3 Page 3 of about 245 results (0.002 seconds)Divine Service, Tenure by
Divine Service, Tenure by, an obsolete holding, in which the tenants were obliged to perform some special divine services, as to sing so many masses, etc., Litt. S. 137....
tenure
tenure [Anglo-French, feudal holding, from Old French teneüre, from Medieval Latin tenitura, ultimately from Latin tenēre to hold] 1 : the act, manner, duration, or right of holding something [ of office] ;specif : the manner of holding real property : the title and conditions by which property is held [freehold ] 2 : a status granted to a teacher usually after a probationary period that protects him or her from dismissal except for reasons of incompetence, gross misconduct, or financial necessity te·nur·ial [te-nyr-ē-əl] adj te·nur·ial·ly [-ə-lē] adv ...
Aumone, tenure in
Aumone, tenure in, where lands are given in alms to some church or religious house, upon condition that a service or prayers shall be offered at certain times for the repose of the donor's soul, Brit. 164...
Basket-tenure
Basket-tenure, lands held by the service of making the king's baskets....
Cottier tenure
Cottier tenure, one where a labourer makes his contract for land without the intervenion of a capitalist farmer, and where the conditions of the contract, especially the amountof rent, are determined not by custom but by competition. Also a class of sub-tenants who rent a cottage and an acre or two of land from small farmers, Irish. 1 Mill's Pol. Eco. 383....
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Frank-almoigne
Frank-almoigne, free alms. A spiritual tenure whereby religious corporations, aggregate or sole, held lands of the donor to them and their successors for ever. They were discharged of all other except religious services, and the trinoda necessitas. It differs from tenure by divine service, in that the latter required the performance of certain divine services, whereas the former, as its name imports, is free. This tenure was expressly excepted in the 12 Car. 2, c. 24, s. 7, and therefore still subsisted in some few instances until 1926, when by repeal of the exception in 12 Car. 2, c. 24, s. 7, under the Administration of Estates Act, 1925, 2nd Sched., the tenure became converted into free and common socage....
Customary freeholds
Customary freeholds have been converted into 'socage tenure' by the (English) Law of Property Act, 1922, s. 189, see COPYHOLD. Owing to its historical intrest the following note has been preserved unaltered from the previous edition of the Lexicon. ' Also denominated, privileged copyholds of frank tenure; they were known inancient times as estates inprivileged villenage or villein socage, and are estates held by custom, but not at the lord's will, in which they differ from copyholds; yet the will of the lord in copyhold is reduced to a mere fiction. These lands are of such singular nature that, when they are compared with mere copyholds, they may be called freeholds, and when compared with absolute freeholds, they maybe denominated copyholds. While the freehold interest or estate rests with the tenant, the freehold tenure is in the lord. (Mr. Serjeant Scriven dissents from this proposition in his workon Copyholds, vol. ii. pp. 572 et seq.) They are usually transferred by surrender into...
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
Gavelkind
Gavelkind. A mode or rule of descent by custom abolished by the Administration of Estates Act, 1925, s. 45(1)(a), in the case of all deaths after 1925 except in regard to entailed estates, and descent from a person of unsound mind, as provided by s. 51 (ibid.), and see (English) L.P. Act, 1922, 12th Sched. (1)(d), and Re Price, 1928 Ch 579. The word is derived from the Saxon word 'gafol,' or, as it is otherwise written, 'gavel,' which signifies 'rent' or a 'customary performance of husbandry works'; accordingly the land which yielded this kind of service, in contradistinction to knight-service land, was called 'GAVELKIND' that is 'land of the kind that yields rent.' Lambarde (Perambulations of Kent, Edn. 1656, p. 585) first advanced and promulgated this supposition, which does not seem to be sufficiently comprehensive since 'gavelkind' does not necessarily denote land subject to rent, in opposition to the opinion of Lord Coke, who traced the word to 'gave all kinde' 'for the custom giv...
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