Terms For Years - Law Dictionary Search Results
Home Dictionary Name: terms for years Page: 6Interesse termini
Interesse termini, an executor interest, being a right of entry which a lessee acquired in land by virtue of a demise. It could not, before entry, be enlarged by a release from the lessor (except the term be created by an assurance under the Statute of Uses, which does not require an entry), because the lessee had no actual estate; yet such a release would extinguish the rent and also the interesse termini. The lessee could assign this interest, but it did not merge in the freehold subsequently acquired. A person having a mere interesse termini had no estate, could not bring an action of trespass, or for damages, or on a covenant for quiet enjoyment, see Wallis v. Hands, (1893) 2 Ch 75, and cases there cited by Chitty, J.The doctrine of interesse termini has been abolished by the (English) Law of Properties Act, s. 149, which provides that, as from the commencement of the Act (1st January, 1926), all terms of years absolute shall (whether the interest is created before or after such co...
Cesser, Proviso for
Cesser, Proviso for. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. This proviso generally expresses three events:-(1) the trusts never arising; (2) their becoming unnecessary or incapable of taking effect; (3) the performance of them. See Attendant Term, Sug. V. & P., 14th Edn., 621-3....
Cost-book mining companies
Cost-book mining companies. The statutory regulations relating to these Companies are contained in the Stannaries Acts, 1869 (32 & 33 Vict. c. 19) and 1887 (50 & 51 Vict. c. 43), and the Companies Act, 1929. The Latter Act (s. 357) has preserved the then existing provisions of the earlier Acts. Subject to the statutory provisions, it maybe said that these companies are formed thus:-A number of adventures, who have obtained permission from the landowner to work a lode, assemble; they decide on the number of shares into which their capitalis to be divided, and the number to be allotted to each; they appoint an agent, commonly called a purser, for the purpose of managing the affairs of the mine, and enter in a book, called the cost book, the minutes of their proceedings, which are signed by all present. A license to try for ores, for twelve months, or some short period, is then obtained; followed, if the search be promising, by a set, that is, a lease of the minerals, or a license to ding...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
ground rent
ground rent 1 : the rent paid by a lessee for the use of land esp. for building 2 : a rent charge reserved to himself or herself or his or her heirs by the grantor of land in fee simple, on perpetual lease, or on lease for a renewable term of years NOTE: Ground rent in this sense is found chiefly in Pennsylvania and Maryland. ...
hold over
hold over : to remain in a position or condition [one who holds over in possession of a building after the expiration of a term of years "B. N. Cardozo"] hold·over n ...
Things
Things, the subjects of dominion or property, as distinguished from persons. They are distributed into three kinds: (1) things real or immovable, comprehending lands, tenements, and hereditaments; (2) things personal or movable comprehending goods and chattels; and (3) things mixed, partaking of the characteristics of the two former, as a title-deed, a term for years. the civil law divided things into corporeal (tangi possunt) and incorporeal (tangi non possunt). See CHOSE.Things, when used in conjunction with goods, ready money, etc., with reference to accounting between partnership includes, or extends to debts also as it is as general a word as could well be made use of, Gainshorough v. Stock, 27 ER 659...
Equitable mortgage
Equitable mortgage, a mortgage under which the mortgagee does not get the legal estate. The following mortgages are equitable:-(1) Where the subject of a mortgage is trust property, which security is effected either by a formal deed or a written memorandum, notice being given to the trustees in order to preserve the priority. As a rule these mortgages include mortgages (not being mortgages of a legal estate) under a trust for sale or settlement which are not registrable under the (English) L.C. Act, 1925, s. 10, Class C.(2) Where the subject of the mortgage is an equity of redemption, which is merely a right to bring an action in the Chancery Division to redeem the estate. Now under the (English) L.P. Act, 1925, Sched. I., Parts VII. (1), (3), and VIII. (1), (3), and see ss. 85, 86, ibid., a mortgagor retains a legal estate in fee simple or for a term of years, and the first and subsequent mortgagees out of that estate each have a legal mortgage.(3) Where mortgages created before 1925 ...
Terminus annorum certus debet esse et determinatus
Terminus annorum certus debet esse et determinatus. Co. Litt. 45 b.-(A term of years ought to be certain and determinate.)...
Liberum tenementum
Liberum tenementum, a frank tenement or freehold. The plea of liberum tenementum, commonly pleaded by the defendant in an action of trespass, was the only case of usual occurrence in more modern practice, in which the allegation of a general freehold title in lieu of a precise allegation of title was sufficient. It was sustained by proof of any estate of freehold, whether in fee, in tail, or for life only, and whether in possession or expectant on determination of a term of years, but it did not apply to the case of a freehold estate in remainder or reversion, expectant on a particular estate of freehold, nor to copyhold tenure, Stephen on Pleading, 7th Edn. 257. Obsolete. See now PLEADING....
- << Prev.
- Next >>