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Escheator
Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or 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 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 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 permanently, when it became once again a mere tenantless plot of land, but could be re ... [...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] |
Feudal Land Tenure
Under the English feudal system several different forms of land tenure existed, each effectively a contract with differing rights and duties attached thereto. Such tenures could be either free-hold, signifying that they were hereditable or perpetual, or non-free where the tenancy terminated on the tenant's death or at an earlier specified period. High medieval period In England's ancient past large parts of the realm were unoccupied and owned as allodial titles: the landowners simply cooperated with the king out of a mutual interest instead of legal obligation. It was not until the Norman conquest, when William the Conqueror declared himself to be the sole allodial owner of the entire realm, that land tenures changed drastically. In William's kingdom the common exchange and sale of land became restricted and all landholders were made to provide a service to their lord ("'' no land without a lord''"). Norman reforms William stripped the land from those who opposed him and redis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quia Emptores
''Quia Emptores'' is a statute passed by the Parliament of England in 1290 during the reign of Edward I that prevented tenants from alienating their lands to others by subinfeudation, instead requiring all tenants who wished to alienate their land to do so by substitution. The statute, along with its companion statute '' Quo Warranto'' also passed in 1290, was intended to remedy land ownership disputes and consequent financial difficulties that had resulted from the decline of the traditional feudal system in England during the High Middle Ages. The name ''Quia Emptores'' derives from the first two words of the statute in its original mediaeval Latin, which can be translated as "because the buyers". Its long title is A Statute of our Lord The King, concerning the Selling and Buying of Land. It is also cited as the Statute of Westminster III, one of many English and British statutes with that title. Prior to the passage of ''Quia Emptores'', tenants could either subinfeuda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute Of Marlborough
The Statute of Marlborough (52 Hen 3) is a set of laws passed by the Parliament of England during the reign of Henry III in 1267. The laws comprised 29 chapters, of which four are still in force. Those four chapters constitute the oldest piece of statute law in the United Kingdom still in force . Nomenclature and dating The Statute is so named as it was passed at Marlborough in Wiltshire, where a Parliament was being held. The preamble dates it as "the two and fiftieth year of the reign of King Henry, son of King John, in the utas of Saint Martin", which would give a date of 18 November 1267; "utas" is an archaic term to denote the eighth day (in inclusive counting) after an event, in this case the feast day of Saint Martin. The full title was ''Provisiones fact ap Marleberg m p aeent D mio Rege H nrico& R cardoRege Ale anoru, & D mio Edwardo fil oejuade H nricoR gePrimogen t, & D mio Octobono tunc legato in Angli ' in Latin, yielding an English ''Provisions made at Marlb ... [...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 cou ... [...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 t ... [...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 ... [...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 ... [...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 ... [...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 erecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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