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Waste Lands - Law Dictionary Search Results

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Villenous judgment

Villenous judgment [villanum judicium, Lat.], a judgment which deprived one of his libera lex, whereby he was discredited and disabled as a juror or witness; forfeited his goods and chattels, and lands for life; wasted the lands, razed the houses, rooted up the trees, and committed his body to prison. It has long become obsolete, 4 Bl. Com. 136; 4 Steph. Com.; and 4 Br. & Had. Com. 153....


Terris liberandis

Terris liberandis, a writ that lay for a man convicted by attaint, to bring the record and process before the king, and take a fine for his imprisonment, and then to deliver to him his lands and tenements again, and release him of the strip and waste, Reg. Brev. 232. Also, it was a writ for the delivery of lands to the heir, after homage and relief performed, or upon security taken that he should perform them, Ibid., 293...


Waste

Waste [fr. vastum, Lat.], any spoil or destruction in houses, gardens, trees, etc., by a tenant; as to what acts amount to waste, see Co. Litt. 53 a. It is either (1) legal, sub-divided into (a) voluntary or commissive, as where the tenant pulls down a house or a part thereof, or ploughs up ancient meadow, and (b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies against a tenant, whether for life or years, by virtue of the statute of Gloucester, 6 Edw. 1, c. 5. A tenant from year to year is liable for voluntary waste only. An injunction will be granted to restrain voluntary waste, as by ploughing up ancient meadow. See Woodfall, L. & T., and Aggs on Agricultural Holdings. A mortgagor in possession will be restrained from cutting down timber, for as the whole estate is the security for the money advanced, the mortgagor ought not ...


Year, day and waste

Year, day and waste [annus, dies et vastum, Lat.], a part of the royal prerogative, whereby the Crown had for a year and a day the profits of land and tenements of those attainted of petit treason or felony, whosoever was lord of the manor whereto the lands or tenements belonged; and the right to cause waste to be made on the tenements by destroying the houses, ploughing up the meadows and pastures, rooting up the woods, etc. (unless the lord of the fee agreed for the redemption of such waste), afterwards restoring them to the lord of the fee. Staund. Pr'rog. 44. This prerogative was abolished by 54 Geo. 3, c. 145....


An, Jour, et waste

An, Jour, et waste, year, day, and waste. A forfeiture of the lands to the Crown incurred by the felony of the tenant, after which time the land escheats to the ord, Termes de la Ley....


Land-reeve

Land-reeve, a person whose business is to overlook certain parts of a farm or estate; to attend not only to the woods and hedge-timber, but also to the state of the fences, gates, buildings, private roads, drift-ways, and water-courses; and likewise to the stocking of commons, and encroachment of every kind, as well as to prevent or detect waste, and spoil in general, whether by the tenants or others; and to report the same to the manager or land-steward.Means a person charged with (1) overseeing certain parts of a farm or estate (2) attending to the timber, fences, gates, buildings, private roads, and water-courses, (3) stocking the commons, (4) watering for encroachments of all kinds, (5) preventing and detecting waste and spoliation by tenants and others, and (6) reporting on findings to the manger or land steward, Black's Law Dictionary, 7th Edn., p. 884....


Will, Estate at

Will, Estate at. This estate entitled the grantee or lessee to the possession of land during the pleasure of both the grantor and himself, yet it creates no sure or durable right, and is bounded by no definite limits as to duration. It must be at the reciprocal will of both parties expressly or by implication (Co. Litt. 55 a), and the dissent of either determines it. The grantee cannot transfer the estate to another, although after he has entered into possession he may accept a release of the inheritance from the grantor, for there exists a privity between them. It must end at the death of either party, for death deprives a person of the power of having any will. If a lessee for years accept an estate at will in the property lease, his term of years would in law be surrendered.An estate at will is created either by the stipulation or express agreement of the parties, or by construc-tion of law.S. 54 of the Law of Property Act, 1925, enacts that a lease by parol for a longer term than t...


Impeachment of waste

Impeachment of waste. SEE ABSQUE IMPETI-TIONE VASTI; WASTE and SETTLED LAND.Means an action for waste against the tenant of the harmed property, Black's Law Dictionary, 7th Edn., p. 756....


Ameliorating waste

Ameliorating waste, acts which though technically amounting to what the law calls 'waste,' yet, so far from injuring the inheritance, improve it, see Doherty v. Allman, (1878) 3 App Cas 709; Meux v. Cobley, 1892 (2) Ch 253; and see Settled Land Act, 1925, ss. 88 & 89, as to improvements involving impeachment for waste....


Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...



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