Page:Black's Law Dictionary (Second Edition).djvu/702

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


LANCETI. In feudal law. Vassals who were obliged to work for their lord one day in the week, from Michaelmas to autumn, either with fork, spade, or flail, at the lord's option Spelman.

LAND, in the most general sense. compre- hends any ground, soil, or earth whatsoever; as meadows. pastures. Woods, moors, Waters, marshes, furzes, and health. Co. Litt. 4a..

The word “land" includes not only the soil, but everything attached to it, whether uttached by the course of nature, as trees, herbage, and water, or by the hand of man. as buildings and fences. Mott v. Palmer, 1 ‘.\'. Y. 572: Nessier i. Neher. 18 Neb. (‘A9, 26 N. W. 411; Higgins Fuel ()0. v. Snow. 113 Fed 433. 51 O. C. A. 267; Llghtfoot v. Grove, 5 Helsk. (Tenn.) 477 : Johnson v. Rlchiirdson, 33 Miss. 464; Mitchell v. Warner, 5 Conn. 517; Myers v. League, 62 Fed. 659, 10 C. G. A. 571. 2 Bl. Comm. 16, 17.

Land is the solid matcrial of the earth, whatever uiny be the Ingredients of vibich it is composed, wliuther soil, rock, or other sub- stance. Civ. Code Cal. 5 65!.

Philosophically, it seems more correct to say that the word "land" means. in law, as in the icruacular, the soil, or portion of the earth's crust; and to explain or justify such expressions as that "\vhoever owns ths land owns the buildings above and the minerals below.” upon the view. not that these are within the extension of the term "land." but that tbey are so connected with It that by rules of law they pass

a conveyance of the land. This view makes "and." as a term, narrower in signifimtion than “realty:" though it would allow an Instnimeut speaking of land to operate co-extensiiely with one granting realty or real property hy either of those terms. But monv of the authorities use the expression “lnud' as icnluding these incidents to the soil. Ahbott. —Acco:nmudation lands. In English law. Lands hoiigbt by a huilder or spcculator, who erects houses thereon, and thou leases portions of them upon an lll’l[)l‘O\Ffl grouud-rent.—Bounty lands. Portions of the public domain given or donated to private persons as a houuti, for seriices rendered, chicfly for military service. —Ce1-tlflcate lands. In Pennsylvania. in the period succeeding the revolution. lands set apart in the western portion of the state, which might be bought with the certificates which the soldiers of that state in the revolutionary army had received in lieu of pay. Cent. Dict. —Crnwn lands. In England and Canada. iauds belonging to the sovereign personally or to the government or nation, as ilistiugiiishcil from such as have passed into priuite ownership.—Demesne lands. Sec DE!\lESNE.—Do- nation lands. Lands granted from the pub- lic domain to an individual as a bnuntv. gift. or rlnmtion: purticul-irly, ln enriy I’ennsvl— v-min history. lands thus granted to soldiers of tho revolutionary war.—Fahric lands. In Enciish lniv. lands given towards the maintenance. rebuilding, or repairing of cathedral and other churches.—G-enernl land office. An office of the "United States goi'ei'niuent, heing a division of the department of the interior, having charge of all executive action relating to the public lands including their survey, sale or other disposition, and patenting; constituted by not of congress in 1912 (ltev. St. 5 446 [U. S. Comp. St. 1901, p. .i]) and presiiled over by an officer styled commissioner of the general isnd ofl:ice."— Land certificate. Upon the registration of freehold land under the ldugiish land transfer



act, 1875, a certificate is given to the registered proprietor, and similarly upon every transfer of registered land. Tbis registration supersedes the necessity of any further registration in 15112 ffigister counties. SWeet.—Ln.nd court. In American law. A court formerly existing in St._ L_oiiis, Mo.. having a limited territorial ]l.ll'ISdICUDD over actions concernin real prop- crty, and suits for dower. par tion. etc.- Land damages. See DAMAGES.—Lan|‘l department. That office of the United States government which has jurisdiction and charge of the public lands, including the secretary of thc interior and the commissioner of the general luiad oliicc and their suhordinrite ollicers. and being In eficct the department of the intenor considered with reference to its powers and duties_concerning the public lands. Sue

_. S. v. Winona & St. P. R. Co.. 67 Fed. 9.3%. 1:: C. C. A. 96; Northern Pac. R. Co. v. Barden (0. C.) 40 Fed. 6l7.—Land district. A diiision of in state or territory, created by federal authority. in which ls located a United States Lind otfi e, with a “register of the land otiice" and a ' receiver of public money." for the disposition of the public lands within the

district See U. S v. Smith (C. C.) 11 Fed. 491.-—Land-gnbel. A tux or rent issuing out of land. Spelman says it was oi-iginiilly a

penny for every house This landyubcl, or land-gavel, In the register of Domesday, was a quit-rent for the site of a house, or the land whereon it stood; the same with what we now call "ground-rent" \l‘hurton.—Lnnd grant. A donation of public lands to a suboudiuate government, a corpoiition, or an indluiduiil, as. from tbs United States to a state, or to a railroad company to aid in the construction of its roud.—-Land ofices. Governmental otlit-cs suhordiuate to the general land ollice. established in various parts 01 the United Slates, for the transaction of locai business relating to the survey, location. settlement. prc-emption. and sale of the public lands. See ‘ leiicrn-l lmul ajjice." sup1'a.—-Land-poor. 'By this term is generally understood that a man has a grant deal of unproductive land, and peihiips is oblig- ed to borrow money to pay taxes; but a man “land-poor" may be largely responsiiile. \l.'\tteson v. 'l3lackruer, 46 Mich. 397, 9 N. W. 4-15.-—Land-rceve. A person whose husluess it is to overiook certain ports of a farm or estate; to attend not only to the woods and hedge-timber, but also to the state of the fecncs, gates, buildings. private roads. drift-\vu_vs. and outer-courses; and likewise to the stacking of commons, and encrolichmonts 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. Enc. Lond.— steward. A person who overiooks or has the management of a farm or est:.ite.—I.s.nd tax. A tex laid upon the legal or hsneficial owner of real property. and apportioned upon the a ssnd value of his land.—-Land tenant. The peison artinilly in possession of land: otherwise st_vlcd the “terreten. "—Land titles and transfer act. An English statute (38 R: 39 Vict C 87) providing for the establishment of a registry for titles to real property, and making siindr_v provisions for the transfer of iauds and the recording of the evidences thereof. It presents some anal- ogies to the recording laws of the American statcs.—Land waiter. In English law. An oiiicer of the C\lSi.0l1x-llDllFl', whose duty is, upon landing any inerchandi , to examine, taste. weigh, or measure it, and to take an account thereof. In some ports they also execute thiofiit-c of a coast waiter. They sro likewise occasionally styled “seui-cbers" and are to attend and join with the patent searcher in the execution of all cockets for the shipping of goods to be exported to foreign parts; and. in cases where drawbacks on bouuties are to be

paid to the merchant on the exportation of any