|
Escheat (Procedure) Act 1887
Escheat (from the Latin ''excidere'' for "fall away") is a common law doctrine that transfers the real property of a person who has died without heirs to the The Crown, crown or State (polity), state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudalism, feudal lord. Etymology The term "escheat" derives ultimately from the Latin ''ex-cadere'', to "fall-out", via mediaeval French ''escheoir''. The sense is of a feudal estate in land falling-out of the possession by a tenant into the possession of the lord. Origins in feudalism In feudal England, escheat referred to the situation where the tenant of a fief, fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant-in-chief, the fee reverted to the King's demesne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William The Conqueror
William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first House of Normandy, Norman List of English monarchs#House of Normandy, king of England, reigning from 1066 until his death in 1087. A descendant of Rollo, he was Duke of Normandy from 1035 onward. By 1060, following a long struggle to establish his throne, his hold on Normandy was secure. In 1066, following the death of Edward the Confessor, William invaded England, leading an army of Normans to victory over the Anglo-Saxons, Anglo-Saxon forces of Harold Godwinson at the Battle of Hastings, and suppressed subsequent English revolts in what has become known as the Norman Conquest. The rest of his life was marked by struggles to consolidate his hold over England and his continental lands, and by difficulties with his eldest son, Robert Curthose. William was the son of the unmarried Duke Robert I of Normandy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry De Bracton
Henry of Bracton, also Henry de Bracton, also Henricus Bracton, or Henry Bratton also Henry Bretton (c. 1210 – c. 1268) was an English cleric and jurist. He is famous now for his writings on law, particularly ''De legibus et consuetudinibus Angliæ'' ("On the Laws and Customs of England") and his ideas on ''mens rea'' (criminal intent). According to Bracton, it was only through the examination of a combination of action and intention that the commission of a criminal act could be established. He also wrote on kingship, arguing that a ruler should be called king only if he obtained and exercised power in a lawful manner. In his writings, Bracton manages to set out coherently the law of the royal courts through his use of categories drawn from Roman law, thus incorporating into English law several developments of medieval Roman law. Life Plucknett describes Bracton in this way: "Two generations after Ranulf de Glanvill we come to the flower and crown of English jurisprudenc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philip II Of France
Philip II (21 August 1165 – 14 July 1223), byname Philip Augustus (french: Philippe Auguste), was King of France from 1180 to 1223. His predecessors had been known as kings of the Franks, but from 1190 onward, Philip became the first French monarch to style himself "King of France" (Latin: ''rex Francie''). The son of King Louis VII and his third wife, Adela of Champagne, he was originally nicknamed ''Dieudonné'' (God-given) because he was a first son and born late in his father's life. Philip was given the epithet "Augustus" by the chronicler Rigord for having extended the crown lands of France so remarkably. After decades of conflicts with the House of Plantagenet, Philip succeeded in putting an end to the Angevin Empire by defeating a coalition of his rivals at the Battle of Bouvines in 1214. This victory would have a lasting impact on western European politics: the authority of the French king became unchallenged, while the English King John was forced by his barons to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultimus Haeres
''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in Scotland who dies without leaving a will (i.e. intestate) and has no blood relative who can be easily traced, the estate is claimed by the King's and Lord Treasurer's Remembrancer on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others being bona vacantia. Because of ancient nature of the Crown's right, little academic or case law focuses on the application of ''ultimus haeres'' in Scots Law. However, the leading authoritative text in this area is A.G MacMillan, ''The Law of Bona Vacantia in Scotland''. (W. Green & Son, limited, 1936). In England & Wales, such matters are dealt with under ''bona vacantia''. In Scots law, bona vacantia relates to ownerless property alone, rather than property falling part of a deceased's estate with no living heirs. Operation of ''Ultimus Haeres'' Typically, where an individual dies without leaving a v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mesne Lord
A mesne lord () was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. Owing to ''Quia Emptores'', the concept of a mesne lordship technically still exists today: the partitioning of the lord of the manor's estate among co-heirs creating the mesne lordships. In an English court of law in 1863 it was claimed that "the lord of the mesne manor pays a rent to a superior lord and that rent empowers him to receive chief rents from certain farms". A mesne lord did not hold land directly of the king, that is to say he was not a tenant-in-chief. His subinfeudated estate was called a "mesne estate" or ''Afterlehen'' in the Holy Roman Empire. Traditionally, he is a lord of the manor who holds land from a superior lord and who usually lets some of the land to a tenant. He was thus an intermediate or "middle" tenant, which status is reflected in the Old French word ''mesne'', in the modern French language ''moyen''. The mes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subinfeudated
In English law, subinfeudation is the practice by which tenants, holding land under the king or other superior lord, carved out new and distinct tenures in their turn by sub-letting or alienating a part of their lands. The tenants were termed mesne lords, with regard to those holding from them, the immediate tenant being ''tenant in capite''. The lowest tenant of all was the freeholder, or, as he was sometimes termed, ''tenant paravail''. The Crown, who in theory owned all lands, was ''lord paramount''. The great lords looked with dissatisfaction on the increase of such subtenures. Accordingly, in 1290 a statute was passed, , which allowed the tenant to alienate whenever he pleased, but the person to whom he granted the land was to hold it for the same immediate lord, and by the same services as the alienor held it before. Scotland In Scots law, the feudal system was abolished by the Abolition of Feudal Tenure etc. (Scotland) Act 2000. The length of a lease was limited to 17 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enfeoffment
In the Middle Ages, especially under the European feudal system, feoffment or enfeoffment was the deed by which a person was given land in exchange for a pledge of service. This mechanism was later used to avoid restrictions on the passage of title in land by a system in which a landowner would give land to one person for the use of another. The common law of estates in land grew from this concept. Etymology The word ''feoffment'' derives from the Old French or ; compare with the Late Latin . England In English law, feoffment was a transfer of land or property that gave the new holder the right to sell it as well as the right to pass it on to his heirs as an inheritance. It was total relinquishment and transfer of all rights of ownership of an estate in land from one individual to another. In feudal England a feoffment could only be made of a fee (or "fief"), which is an estate in land, that is to say an ownership of rights over land, rather than ownership of the land itself, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treasury
A treasury is either *A government department related to finance and taxation, a finance ministry. *A place or location where treasure, such as currency or precious items are kept. These can be state or royal property, church treasure or in private ownership. The head of a treasury is typically known as a treasurer. This position may not necessarily have the final control over the actions of the treasury, particularly if they are not an elected representative. The adjective for a treasury is normally treasurial. The adjective "tresorial" can also be used, but this normally means pertaining to a ''treasurer''. History The earliest found artefacts made of silver and gold are from Lake Varna in Bulgaria dated 4250–4000 BC, the earliest of copper are dated 9000–7000 BC. The term ''treasury'' was first used in Classical times to describe the votive buildings erected to house gifts to the gods, such as the Siphnian Treasury in Delphi or many similar buildings erected in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Feudal Relief
Feudal relief was a one-off "fine" or form of taxation payable to an overlord by the heir of a feudal tenant to license him to take possession of his fief, i.e. an estate-in-land, by inheritance. It is comparable to a death duty or inheritance tax. The equivalent duty at the lower levels of the feudal hierarchy was heriot (in England) or ''le droit du meilleur catel'' (in France). Etymology The word relief comes from the Latin verb ''levo'', to raise, lift up, elevate, with the addition of the Latin inseparable adverbial particle ''re-'', which has three distinct meanings: back, against and again. The Latin composite verb ''relevo'' results. The term used in mediaeval Latin charters is ''Relevius''. The payment thus obtains an heir's "relief" by his being "re-elevated" or "lifted-up again" into the place of honour and privilege formerly occupied by his predecessor. Rationale As fiefs were originally granted by William the Conqueror as a reward for past service, there was no logic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freehold (law)
In common law jurisdictions such as England and Wales, Australia, Canada, and Ireland, a freehold is the common mode of ownership of real property, or land, and all immovable structures attached to such land. It is in contrast to a leasehold, in which the property reverts to the owner of the land after the lease period expires or otherwise lawfully terminates. For an estate to be a freehold, it must possess two qualities: immobility (property must be land or some interest issuing out of or annexed to land) and ownership of it must be forever ("of an indeterminate duration"). If the time of ownership can be fixed and determined, it cannot be a freehold. It is "An estate in land held in fee simple, fee tail or for term of life." The default position subset is the perpetual freehold, which is "an estate given to a grantee for life, and then successively to the grantee's heirs for life." England and Wales Diversity of freeholds before 1925 In England and Wales, before the Law of Prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
