Blacks Law Dict. 1st ed

LEASING-MAKINC

697

LEAGUE

A contract in writing, under seal, whereby a person having a legal estate in hereditaments, corporeal or incorporeal, conveys a portion of his interest to another, in consideration of a certain annual rent or render, or other recompense. Archb. Landl. & Ten. 2. "Lease" or "hire" is a synallagmatic con tract, to which consent alone is sufficient, and by which one party gives to the other the en joyment of a thing, or his labor, at a fixed price. Civil Code La. art. 2669. When the contract is bipartite, the one part is called the "lease," the other the "counterpart." In the United States, it is usual that both papers should be executed by both parties; but in England the lease is executed by the lessor alone, and given to the lessee, while the counterpart is executed by the lessee alone, and given to the lessor. A concurrent lease, or lease of a reversion, is one granted for a term which is to com mence before the determination of a previ ous lease of the same land to another person. An underlease or sublease is one executed by the lessee of an estate to a third person, conveying the same estate fora shorter term than that for which the lessee holds it. LEASE AND RELEASE. A species of conveyance much used in England, said to have been invented by Serjeant Moore, soon after the enactment of the statute of uses. It is thus contrived: A lease, or rather bargain and sale upon some pecuniary consideration for one year, is made by the tenant of the freehold to the lessee or bar gainee. This, without any enrolment, makes the bargainor stand seised to the use of the bargainee, and vests in the bargainee the use of the term for one year, and then the statute immediately annexes the possession. Being thus in possession, he is capable of receiving a release of the freehold and reversion, which must be made to the tenant in possession, and accordingly the next day a release is granted to him. The lease and release, when used as a conveyance of the fee, have the joint operation of a single conveyance. 2 Bl. Comm. 339; 4 Kent, Comm. 482; Co. Litt. 207; Cruise, Dig. tit. 32, c. 11. LEASEHOLD. An estate in realty held under a lease; an estate for a fixed term of years. LEASING, or LESING. Gleaning. LEASING - MAKING. In old Scotch criminal law. An offense consisting in slan derous and untrue speeches, to the disdain, reproach, and contempt of the king, his coun cil and proceedings, etc Bell.

fending each other against an enemy. Whar ton. 2. A measure of distance, varying in differ ent countries. The marine league, marking the limit of national jurisdiction on the high seas, is equal to three geographical (or ma rine) miles of 6,075 feet each. LEAKAGE. The waste or diminution of a liquid caused by its leaking from the cask, barrel, or other vessel in which it was placed. Also an allowance made to an importer of liquids, at the custom-house, in the collection of duties, for his loss sustained by the leak ing of the liquid from its cask or vessel. LEAL. Loyal; that which belongs to the law. LEALTE. Legality; the condition of a Ugalis homo, or lawful man. LEAN. To incline in opinion or prefer ence. A court is sometimes said to "lean against" a doctrine, construction, or view contended for, whereby it is meant that the court regards it with disfavor or repugnance, because of its inexpedience, injustice, or in consistency. LEAP-YEAB. See BISSEXTILE. LEARNED. Possessing learning; eru dite; versed in the law. In statutes pre scribing the qualifications of judges, "learned in the law" designates one who has received a regular legal education, the almost invari able evidence of which is the fact of his ad mission to the bar. LEARNING. Legal doctrine. 1 Leon. 77. LEASE. A conveyance of lands or tene ments to a person for life, for a 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 "lessee;" and when the lessor so conveys lands or tenements to a lessee, he is said to lease, demise, or let them. 4 Cruise, Dig. 58. A conveyance of any lands or tenements, (usually in consideration of rent or other an nual recompense,) 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 properly an as signment than a lease. 2 61. Comm. 317; Shep. Touch. 266; Watk. Conv. 220.

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