Term Fee - Law Dictionary Search Results
Home Dictionary Name: term fee Page: 3Renewal of lease
Renewal of lease, a re-grant of an expiring lease for a further term. Where a lease contains a covenant by the lessor for renewal, this convenant is commonly subject to the condition that the covenants in the lease shall have been performed by the lessee, and this condition is strongly enforced by the Court, Finch v. Underwood, (1876) 2 Ch D 310.Leases may be surrendered in order to be renewed, without a surrender of under-leases, by virtue of the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 6, before which Act a surrender of each under-lease was necessary.As to covenants for perpetual renewal, see Wynn v. Conway Corporation, (1914) 2 Ch 705, and cases there referred to.By the (English) Law of Property Act, 1922, s. 145, and 15th Sch., perpetually renewable leases have, from the 1st January, 1926, been converted into terms of 2,000 years from the date of the commen-cement of the existing term. The conversion is without prejudice to the covenants and conditions of the l...
Priority
Priority, an antiquity of tenure in comparison with another less ancient; also that which is before another in order of time.As to priority among creditors, see (English) Admin-istration of Estates Act, 1869, reproduced by ss. 32 to 34, (English) Administration of Estates Act, 1925, and the First Sch., which provides that in the administration of the estate of any person who shall die on or after 1st January, 1870, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt.The priority in legal and equitable assignments of equitable choses in action are determined accord-ing to the date of receipt of notice by the persons who are for the time being owners of the legal interest in the property assigned. Before 1926 the notice might be verbal; after 1926 it must, for the purposes of establishing priority a...
Chattels or catals
Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...
Barr-fee
Barr-fee, a fee of 20l. payable by every prisoner acquitted of felony to the sheriff or gaoler, Termes de la Ley. (Abolished by Statute 130 years ago.)...
Recto, Breve de
Recto, Breve de, a writ of right, which was of so high a nature that, as other writs in real actions were only to recover the possession of the land etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together.There were two species: (1) writ of right patent, so called because it was sent open, and was the highest writ lying for him who had a fee-simple in the lands or tenements sued for, against the tenant of the freehold atleast, and in no other case; this writ was likewise called breve magnum de recto; (2) writ of right close, which was brought where one held lands and tenements by charter in ancient demesne in fee-simple, fee-tail, or for term of life, or in dower, and was disseised, Co. Litt. 158 b; Jac. Law Dict. abolished by 3 & 4 Wm. 4, c. 27. See ACTION (POSSESSORY)....
Tax
Tax [fr. tasg, Wel.; taxe, Fr. and Dut.], an impost; a tribute imposed on the subject; an excise; tallage.A monetary charge imposed by government on persons, entities or properly to yield public revenue, Black's Law Dictionary, 7th Edn., p. 1469.Some general principles of taxation have been said to be:-(1) The subjects of every State ought to contribute to the support of the Government as nearly as possible in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the State. In the observation or neglect of this maxim consists what is called the equality or inequality of taxation.(2) The tax which each individual is bound to pay ought to be certain and not arbitrary. The time of payment, the manner of payment, the quality to be paid, ought all to be clear and plain to the contributor, and to every other person.(3) Every tax ought to be levied at the time, or in the manner, in which it is most likely to be co...
Procuratory of resignation
Procuratory of resignation, a proceeding in the law of Scotland, by which a vassal authorises the fee to be returned to his superior, either to remain the property of the superior, in which case it is said to be a resignation ad emanentiam, or for the purpose of the superior's giving out the fee to a new vassal or to the former vassal and a new series of heirs, which is termed a resignation in favorem. It is somewhat analogous to the surrender of copyholds in England. See Bell's Scots Law Dict....
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Demise
Demise, a grant; it is applied to an estate either in fee or for term of life or years, but most commonly to the latter; it is used in writs for any estate, 2 Inst. 483.The operative word 'demise' in a lease implies a covenant on the part of the lessor for the lessee's quiet enjoyment during the term, Hart v. Windsor, (1843) 12 M&W 85; Markham v. Paget, (1908) 1 Ch 697; but an express covenant for quiet enjoyment excludes any implied one, Line v. Stephenson, (1838) 4 Bing NC 678.Of the Crown. The death of the sovereign, demissio regis vel coron', an expression which signifies merely a transfer of property; for when we say the demise of the Crown, we mean only that in consequence of the disunion of the sovereign's natural body from his body politic, the kingdom is transferred or demised to his successor, and so the royal dignity remains perpetual, Plowd. 177. See (English) Succession to the Crown Act, 1707 (6 Anne, c. 41) (c. 7 as commonly printed), s. 8, as to continuance for six month...
truth-in-lending
truth-in-lending a federal law obligating a lender to give full written disclosure of all fees, terms, and conditions associated with the loan initial period and then adjusts to another rate that lasts for the term of the loan. Source: U.S. Department of Housing and Urban Development ...
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