Blacks Law Dict. 1st ed

CESSET EXECUTIO

CESTUI QUE VIE

189

CESSET EXECUTIO. (Let execution stay.) In practice. A stay of execution; or an order for such stay; the entry of such stay on record. 2 Tidd, Pr. 1104. CESSET PROCESSUS. (Letprocess stay.) A stay of proceedings entered on the record. CESSIO. Lat. A cession; a giving up, or relinquishment; a surrender; an assign ment. CESSIO BONORUM. In Roman law. Cession of goods. A surrender, relinquish ment, or assignment of all his property and effects made by an insolvent debtor for the benefit of his creditors. The effect of this vol untary action on the debtor's part was to se cure 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 bankrupt's as signment of property to be distributed among his creditors, and is used in the same 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. 247,422; Ersk. Inst. 4, 3, 26. CESSIO IN JURE. In Roman law. A fictitious suit, in which the person who was to acquire the thing claimed (vindicabat) 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 (addicebat) of the claimant. Sandars' Just. Inst. (5th Ed.) 89, 122. CESSION. The act of ceding; a yield ing 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 vacating a benefice, by accepting another without a proper dispensation. 1 Bl. Comm. 892; Latch, 234. In public law. The assignment, trans fer, or yielding up of territory by one state «c government to another. CESSION DES BIENS. In French law. The surrender which a debtor makes of all his goods to his creditors, when he finds himself in insolvent circumstances. It

is of two kinds, either voluntary or compal> sory, (Judiciaire,) corresponding very nearly to liquidation by arrangement and bankrupt cy in English and American law. CESSION OF GOODS. The surrender of property; the relinquishment that a debt or makes of all his property to his creditors, when he finds himself unable to pay his debts. Civil Code La. art. 2170. CESSIONARY. In Scotch law. An as signee. Bell. CESSIONARY BANKRUPT. One who gives up his estate to be divided among his creditors. CESSMENT. An assessment, or tax. CESSOR. One who ceases or neglects so long to perform a duty that he thereby incurs the danger of the law. O. N. B. 136. CESSURE. L. Fr. A receiver; a bailiff. Kelham. C'EST ASCAVOIR. L. Fr. That is to say, or to-wit. Generally written as one word, cestascavoir, ce&tascavoire. C'est le crime qui fait la honte, et non pas l'echafaud. It is the offense which causes the shame, and not the scaffold. CESTUI, CESTUY. He. Used fre quently in composition in law French phrases. CESTUI QUE TRUST. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in an other. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, is sues, and profits thereof, the legal estate of which is vested in a trustee. It has been proposed to substitute for this un couth term the English word "beneficiary,"and the latter, though still far from universally adopt ed, has come to be quite frequently used. It is equal in precision to the antiquated and unwieldy Norman phrase, and far better adapted to the gen ius of our language. CESTUI QUE USE. He for whose use and benefit lands or tenements are held by another. The cestui que use has the right to receive the profits and benefits of the estate, but the legal title and possession (as well as the duty of defending the same) reside in the other. CESTUI QUE VIE. He whose life is the measure of the duration of an estate. 1 Washb. Real Prop. 88.

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