Page:Black's Law Dictionary (Second Edition).djvu/714

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LEASE

'LEASE. A conveyance of lands or fenetnents to 11 person for life, fora term of years, or at will, in consideration of a return of rent or some other recompense. The person who so conveys such lands or tenements is termed the "lessor," and the person to whom they are conveyed, the "iessee;" and when the iessor so comeys lands or tenements to a lessee, he is said to iense, demise, or iet them 4 Cruise. Dig. 58.

A conveyance of any lands or tenements, (usnaily in consideration of rent or other annual reco1npense,) made for life, for years, or at will, but always for a less time than the lessor has in the premises; for, if it be for the whole interest, it is more properiy an assignment than a lease. 2 Bl. Comm. 317; Shep. Touch. 266; Watk. Conv. 220. And see Sawyer v. Hansen, 2-1 Me. 545; Thomas v. West Jersey R. 0., 101 U. S. 78, 25 L. Ed. 950; Jackson v. Hursen, 7 Cow. (N. Y.) 326, 17 Am. Dec 517; Lacey v. Newcomb, 95 Iowa, 287, 63 N. W. 70-1; Mayberry v. Johnson, 15 N. J. Law. 121; Milli].-.en v. Fauik, 111 Ala. G58. 20 South. 594: Craig v. Sum- mers, 47 Minn. 189. 49 N. W. 742. 15 L. R. A. 2346; Harley v. O'Donneil, 9 Pa. Co. Ct. R. 56.

A contract in writing. under seal, whereby I1 person having :1 legal estate in hereditaments. corporeal or incoiporeal, conveys a portion of his interest to another. in consideration of a

certain annual rent or rulder, or other recompense. Archh. Lo.hdl. & Ten. 2

‘‘Lease or “hire" is a synailagmatlc contract. to which consent alone is sufficient, and by which one party gives to the other the en- joyment of a thing, or his la-bor, at a fixed price. Civil Code La. art. 2669.

When the contract is bipartite, the one part is called the "iease," the other the “counterpart.” [n the United States, It is usual that both papers should be executed by both parties: but in England the iease is executed by the lessor alone, and given to the iesses, while the counterpart is executed by the lessee alone, and given to the lessor.

—ConcIu-rent lease. One granted for a term which IS to commence befolc the expiration or other determination of 11 previous lease of the same premises made to another person; or, in other Words. on assignment of a part of the rcvcraion, entitling the iessce to all the rents accruing on the previous lease after the date of his loose and to npproplinte remedies against the holding tenant. Cargill v. Thompson, 57 Minn. 534. 59 N. W. 6I‘S.—Lea.se and re- lease. A species of conveyance much used in England, said to have been invented by Serjennt Moore, soon after the enar-trnent of the statute of uses. It is thus contrived: A iea . or rather bargain and sale upon some pecu inry consideration for one year, is made by the tenant of the freehold to the lessee or bargainee. This, without any enrolment, mnkes the bargninor stand seised to the use of the bargaince, and vests in the hargainee the use of the term for one year, and then the statute immediately annexes the possession. Being thrs in possession, he is capable of receiving a release of the treehold and reversion, whic

must be made to the tenant in possession, and accordingly the next day it release is granted to him. The iease and release, when used as


706

LECTRINUM

A1 conveyance of the tee, have the joint operation of u single conveyance. 2 Bl. C ' 4 Kent, Comm. 482; Co. Litt. 207: Dig. tit. 32. c. 1L—M’.ining lease. See l\IIN1NG.—PnroI 121159. A lease of real astate not evidenced by writing, but resting in an oral agreement.—Pex-petunl lease. A lease of lands which may last without limitation as to time: a grant of lands in fee with the res ervation of a rent in fee; a fee-farm. Edwards v. Noel. 88 Mo. App. 434.—Snhlea.se, or underlease. One executed by the lessee of an estate to a third person, conveying the some estate for a shorter term than that for which the lessee holds it

LEASE]-IOLD. An estste in realty held under a. lease; an estate for o fixed term of years. See Stubbings v. Evanston, 136 Ill. 37, 26 N. E. 577, 11 L. R. A. 839, 29 Am. St. Rep. 300; Washington F.-Ins. Co. v. Kelly. 32 Md. 421, 3 Am. Rep. 149; Hariey v. O'Donnell, 9 Pa. Co. Ct. R 56.

LEASING, or LESING. Gleaning.

LEASING-MAKING. In Old Scotch criminal law. An offense consisting in slanderous und untrue speeches, to the disdain, reproach, and contempt of the king, his coun-

cil and proceedings, etc. Bell.

LEAUTE. L. Fr. Legality; sufficiency in law. Britt. c. 109.

LEAVE. To give or dispose of by will.

"The word ‘leave,’ as applied to the subject- matter, privmz facia means a disposltion by wiil." Thorley v. Thorley, 10 East, 438; Carr v. Elhnger, 78 Va. 203.

LEAVE AND LICENSE. A defense to an action in trespass setting up the consent of the plaintiff to the trespass complained of.

LEAVE OF‘ COURT. Permission obtained from a. court to take some action which, without such permission, would not be allow- able; as, to sue a recelver, to file an amended pleading, to plend several pleas. See Oopperthwnit v. Dnmmer, 18 N. J. Low, 258.

LECCATOR. Cowell.

A debauched person.

LECHERWITE, LAIEWITE, or LEG- ERWITE. A fine for adultery or fornication, anclently paid to the lords of certain manors. 4 Inst. 206.

LECTOR DE LETRA ANTIGUA. In Spanish law. A person appointed by competent authority to read and decipher ancient writings, to the end that they may be pre- eented on the trlni of causes as document! entitled to legal credit. Escriche.

LECTRINUM. A pulpit. Mon. Anzl

tom. iii. p. 2-13.