Page:Black's Law Dictionary (Second Edition).djvu/1153

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TENURE

I compact contrary to the common nature and reason at the tee, put into a contract.

TENURE. The mode or system of holding lands or tenements in subordination to some superior, winch. in the feudai ages, was the leading characteristic of real property.

Tenure is the direct result of fendaiism, which separated the (lam/invium (lirectwm, (the dominion of the soil.) which is placed mcdlately or immeuliotcly in the crown, trom the dominion mile. (the pussessory title.) the right to the use and profits in the soil. designnt'er.i by the term “scis1n." which is the highest interest a subject can acquire. Wharton.

Wharton ghes the following list of tenures

which were ultimately developed: Ln’ '1‘a1~:vans.

I. Frank tenement, or freehold. (1) The m.iil- tar tenures (abolished, except grand scrjeanty, an reduced to free socuge tenures) were: Knight service proper, or tenure in chivalry: grand sexjeanty: cornnge. (2) Free socage, or plow-service: either petit serjeanty, tenure in burzocc, or l:i1\elkin(l.

II. \ iileinage. (1) Pure rilleinage. (whence copyholds at the lord's [nominal] will, wbinb IS regulated according to custom.) (2) Privileged villeinage. sometimes called "villein sucage." (whence tenure in ancient dcmnsne, which is an exalted species of copyhold, held according to custom, and not according to the lord's will.) and is of three kinds: Tenure in ancient demt-sne; privileged co vholds. customary free- hnlrls. copyhoida of base tenure.

or free copyho ds;

Semrrnar. Tsnnnns.

l. Franiralmnigne, or free aims. II. Tenure by divine service.

Tenure, in its general sense. is a mode or

holding or occupying. Thus, we speak of the tenure of an office meaning the manner in which it is held, especially with re_-zard to lime. (tenure for life. tenure during good be havior.) and of tenure of land in the sense of occupation or tenancy. espcmaily with ref- erence fo cultivation and questions of political economy: 8. (7.. tenure by peasant pro- pripmrs, cottiers. etc. Sweet. See Bard v. Grundy, 2 Ky. l09; People v. Waite, 9 “fend. (N. Y.) 58; Richman v. Lippincott, 23 N. J. Law. 59. —'l‘enn1-e by divine service is where an ecclesiastical corporation. sole or aggregate. holds land by a certain divine service; as, to say prayers on a certain day in mery year. "or to distribute in almes to an hundred poorc mon an hlindrrd pence at such a day.” Litt. 5 137.

TEEGE. In Scotch law. Do“ or; a wid- ow's right of flower, or a right to a life- estate in a third part of the lands of which her husband died seised.

TERCER. In Scotch law. A widow that possesses the third part of her hus-

hand's land, as her legal joiuture. 1 Kamas, Eq. pref. TERCERONE. A term applied in the

West Indies to a person one of whose parents

1145

TERM was white and the other a mulatto. See Dan- iel v. Guy, 19 Ark. 131.

TERM. A word or phrase; an expression; pzuticuiarly one which possesses a fix- ed and known meaning in some science, art. or profession.

In the civil law. A space of time granted to a debtor for discharging his obligation. Poth. Ohl pt. 2, C. 3. art. 3, 5 1; Civ. Code La. art. 2048.

In estates. “Term" signifies thehounds. limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his “term,” and he himself is called. nith reference to the term he so holds, the “tcrmor." or “tenant of the term.” See Gay Mfg. Co. v. Hobbs. 128 N. C. 46, 38 S. E. 26. 83 Am. St. Rep. 661; Sanderson v. Scranton, 105 Pa. 472; Hurd v. Whitsett, 4 Coin. 84; Taylor v. Terry, 71 Cal. 46, 1] Pac. 813.

02 count. The word “term." when Imed with reference to a Court, signifies the space of time during which the court holds a session. A session signifies the time during the term when the court sits for the trans- action of business, and the session com- mences when the court convenes for the term, and continues until final adjournment. either before or at the expiration of the term. The term of the court is the time prescribed by low during which it may he in session. The session of the court is the time of its actual sitting. Llpari v. State. 19 Te\'. App. 431. And see Horton v. Miller. 33 Pa. 271; Dees v. State, 73 Miss. 250, 28 South. 849: Conkiing v. Ridgely, 112 ill. 36. 1 N. E. 261. 54 Am. Rep. 204; Brown v. Hume. 16 Grat. (Va.) 462: Brown v. Leet, 136 I11. 203. 26 N. E. 639.

—Genex'a.l term. A phrase used in some ju- risdictions to denote the ordinary session of n court, for the trial and determination of causes, as distinguished from a apeniul term, for the hearing of motions or arguments or the despatch of various kinds of formal business, or the trial of a special list or class of costs. Or it may de- note a sitting of the court in bum). State V. Fl_:_:e1s, 152 Mo. 48.’-. 54 S. W. 49_8.—Regula1- term. A regular term of court 13 a tpnn

gun at the time appointed by law, and continu- ed. in the discretion of the court. to sursb time as it may appoint. consistent with the law. Wishimnn v. Kmsner. 20 la. 45'l.—Specia.l term. In New York practice, that branch of the court which is held by a single judge for hearing and deciding ID the first instance motions and causes of equitable nature is called the “special term," as opposed to the “general term," held by three judges (usually) to bear appvais. Abbott: Gracie v. Frceland. 1 N. Y. 23'_’.—'I‘erm attendant on the inheritance. Sro ATTl7"\'hI\l\T ‘I‘ERMs.—'l‘e1-m fee. In Finc-

lisb practice. A certain sum which a soii tor is entitled to charge to his client, and the client to recovcr, if successfui. from the unsuccessful party: payable for every term in uhicb any prncrt-dings subsequent to the summons shall take place, arton.—'l‘ex-m for deliberating. l’._v “term for deliherntin.-2" is understood

the time given to the beneficiary heir, to examine