Page:Black's Law Dictionary (Second Edition).djvu/193

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CESS

CESS, 1:. An assessment or tax. In Ire- land, it was anciently applied to an exnction of victunls, at :1 certain rate, for soldiers in garrison.

(Jessa. x-egmn-e, :1 non vi: judicare. Cease to reign, I1 you wish not to adjudicate. Hob. 155.

Gessnnte causa, cesnnt eifectus. The cause ceasing, the ettect ceases. Broom. iinx. 160.

Cassante rntinne legis, cessnt at ipsn lax. ihe reason of the law ceasing, the law itself ceases also. Co. Litt. 701»; 2 Bl. Ooinm. 390, 391; Broom, Max. 159.

Cessnnte stntu primitive, cessat deriv- ativus. When the primitive or original estate determines, the derivative estnte deter-

mines zilso. 8 Coke, 34; Broom, Max. 495. GESSARE. L. Lat. To cease, stop, or stay.

CESSAVIT PER BIENNIUM. In practice An obsolete writ, which could formerly have been sued out when the defendant had for two years ceased or neglected to perform such service or to pay such rent as he was hound to do by his tenure, and had not upon his innds siiflicient goods or chattels to he distinlncd. l<‘itzh. Nat. Brev. 238. It also in: where a religious house heid lands on coudiliou of performing certain spiritual sen ices which it failed to do 3 Bl. Comm. 232 Emig v. Cunningham. 62 Md. 460.

0175511. (1) An nssessnient or tax: (2) a tenant of land was said to ccsse when he neglecteii or raised to perform the services due to the lord. Co. Litt. 373a. 380D.

GESSER. Neglect; s. ceasing from, or omission to do, a thing. 3 Bl. Comm 232.

The determination of an estate. 1 Coke, 84; 4 Kent, Comm. 33, 90, 105, 295.

The "cc-<cr" of a term, nnuuity, or the like, takes “lace when it determines or comes to an rnri be ex nession is chiefiv used (in Eng- iiiml with l'\ crencc to iong terms of s thou- ml in as ni some similar period. created by a lmlviicni for the purpose of securing the icnt-rv-. portions. etc., giicn to the objects of the inning-ni. “’heu the trusts at a tone of this

' nru ritisfied, it is desirable that the term .t nn cud to, and nilh this object rly usual to provide in the settle- lmt V*1| ihnt, as soon as the trusts of the ten: lml In-~n satisfied. it should cease and de-

This was called in "proviso for cen- ilaeet.

—Ces:er. ruvlso for. Where terms for years are minor! v settlement. it is usual to introduce I nroi in lt.it they shnii comic when the trusts end. ‘Pair proviso generally expresses three !vu:| Ill The trusts never arising; (2) their ham unnecessary or incapable of taking of- li-rl‘ in who [l|‘|'fIl]I’1h'lnK.'(3 of them. Sugd. ml. .1 1th Ed.) 321-623


185 .

GESSION DES BIENS

CESSI-3'1‘ EXECUTIO.}} (Let execution stay.) In practice. A stay of execution; or on order for such stay; the entry of and: stay on record. 2 Tidd. Pr. 1104.

C E S S E '1‘ PROCESSUS. (Let process stay.) A stay of proceedings entered on the record.

CESSIO. Lat. A cesslon; a giving up, or relinquishment; a surrender; an assignment.

C]-JSSIO BONORUM. In Roman law. Cessiun of goods. A surrender, relinquish- ment, or nsslgnment of nli his property and eifects made by an insolvent debtor for the benefit of his creditors. The ettect of this voluntary action on the debtor’s port was to secure him against imprisonment or any bodily punishment, and from infamy, and to cancel his debts to the extent of the property‘ ceded. It much resembled our voluntary bankruptcy or assignment for creditors. The term is commonly employed in modern continental jurisprudence to designate a hunk- rupt's assignment of property to be distrib- uted among his creditors, and is used in the snme sense by some English and American writers, but here rather as a convenient than as a strictly technical term. See 2 Bl. Comm. 473: 1 Kent, Comm. 2-17, 422; Ersk. Inst. 4, 3, 26.

CESSIO EN JURE. In Roman law. A flctitious suit, in which the person who was to acquire the thing claimed (vintlicabat) the thing as his own, the person who was to transfer it acknowledged the justice of the claim, and the magistrate pronounced it to be the property (addiceba-t) of the claimant Sanders‘ Just. Inst. (5th Ed.) 89, 122.

CESSION. The act of ceding; a yielding or giving up; surrender; relinquishment of property or rights.

In the civil law. An assignment. The act by which a party transfers property to another. The surrender or assignment of property for the benefit of one‘s creditors.

In ecclesiastical law. A giving up or varziting a beneflce, by accepting another without a proper dispensation. 1 Bl. Comm. 392; Latch. 234.

In public law. The assignment. transfer, or yielding up of territory by one state or government to another.

CESSION DES BIENS. In French law. Tile surrender which a dehtor makes of all his goods to his creditors, when he finds himself in insolvent circumstanca. It is of two kinds, either voluntary or compulsory, (7'1Idi(‘i'u.i1‘e,) corresponding very nearly to liq- uidation by arrangement and bankruptcy in English and American law.

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