KFLCC Kingdom Law 2nd Ed.

1017

REPAIRS

RENT

RENT. A certain profit issuing yearly out of lands and tene ments corporeal; a species of incorporeal hereditament. 2 Bl. Comm. 41. A compen sation or return yielded periodically, to a certain amount, out of the profits of some corporeal hereditaments, by the tenant there of. 2 Steph. Comm. 23. A certain yearly profit in money, provisions, chattels, or la bor, issuing out of lands and tenements, in retribution for the use. 3 Kent, Comm. 460. The compensation, either in money, pro visions, chattels, or labor, received by the owner of the soil from the occupant thereof. Jack. & G. Landl. & Ten. § 38. And see Lombard v. Boyden, 5 Allen (Mass.) 254; Bledsoe v. Nixon, 69 N. C. 89; Fisk v. Bray man, 21 R. I. 195, 42 Atl. 878; Clarke v. Cobb, 121 Cal. 595, 54 Pac. 74; Parsell v. Stryker, 41 N. Y. 483; Otis v. Conway, 114 N. Y. 13, 20 N. E. 628; Payn v. Beal, 4 Denio (N. Y.) 412; Van Wicklen v Paulson, 14 Barb. (N. Y.) 655. In Louisiana. The contract of rent of lands is a contract by which one of the par ties conveys and cedes to the other a tract of land, or any other immovable property, and stipulates that the latter shall hold it as owner, but reserving to the former an an nual rent of a certain sum of money, or of a certain quantity of fruits, which the other party binds himself to pay him. It is of the essence of this conveyance that it be made in perpetuity. If it be made for a limited time, it is a lease. Civ. Code La. arts. 2779, 2780. —Fee farm rent. A rent charge issuing out of an estate in fee; a perpetual rent reserved on a conveyance of land in fee simple.— Ground rent. See GROUND.— Quit rent. Certain es tablished rents of the freeholders and ancient copyholders of manors were so called, because by their payment the tenant was free and "quit" of all other services.— Rack rent. A rent of the full annual value of the tenement or near it. 2 Bl. Comm. 43.— Rent-charge. This arises where the owner of the rent has no fu ture interest or reversion in the land. It is usually created by deed or will, and is accom panied with powers of distress and entry.— Rent-roll. A list of rents payable to a par ticular person or public body.— Rent seek. Barren rent; a rent reserved by deed, but with out any clause of distress. 2 Bl. Comm. 42; 3 Kent, Comm. 461.— Rent-service. This con sisted of fealty, together with a certain rent, and was the only kind of rent originally known to the common law. It was so called because it was given as a compensation for the services to which the land was originally liable. Brown. —Rents of assize. The certain and deter mined rents of the freeholders and ancient copy holders of manors are called "rents of assize," apparently because they were assized or made certain, and so distinguished from a redditus mobilis, which was a variable or fluctuating rent. 3 Cruise, Dig. 314; Brown.— Rents res olute. Rents anciently payable to the crown from the lands of abbeys and religious houses; and after their dissolution, notwithstanding that the lands were demised to others, yet the rents were still reserved and made payable again to the crown. Cowell. Rent must be reserved to him from 'whom tho state of the land moveth. €Jo. Litt 143. At common law.

RENTAGE.

Rent

RENTAL.

(Said to be corrupted from

"rent-roll.") In English law. A roll on which the rents of a manor are registered or set down, and by which the lord's bailiff col lects the same. It contains the lands and tenements let to each tenant, the names of the tenants, and other particulars. Cunning In Scotch law. When the tithes (tiends) have been liquidated and settled for so many bolls of corn yearly. Bell.— Rent al-rights. In English law. A species of lease usually granted at a low rent and for life. Ten ants under such leases were called "rentalers" or "kindly tenants." is the annual return which represents the revenue of a capital or of an immovable alienated. The constitution of rente is a contract by which one of the parties lends to the other a capital which he agrees not to recall, in con sideration of the borrower's paying an an nual Interest. It is this interest which is called "rente," Duverger. The word is therefore nearly synonymous with the Eng lish "annuity." "Rentes," is the term applied to the French government funds, and "rentier" to a fund holder or other person having an income from personal property. Wharton. —Rente fonciere. A rent which issues out of land, and it is of its essence that it be per petual, for, if it be made but for a limited time, it is a lease. It may, however, be extinguished. Civ. Code La. art. 2780.—Rente viagere. That species of rente, the duration of which de pends upon the contingency of the death of one or more persons indicated in the contract. The uncertainty of the time at which such death may happen causes the rente viagere to be included in the number of aleatory contracts. Duverger. It is an annuity for life. CSv. Code La. art. 2764. RENTS, ISSUES, AND PROFITS more commonly signify in the books a chattel real interest in land; a kind of estate growing out of the land, for life or years, producing an annual or other rent Bruce v. Thomp son, 26 Vt 746. ham; Holthouse. — Rental bolls. RENTE. In French law. Rente REO ABSENTE. The defendant being absent; in the absence of the defend ant. Restoration to soundness; supply of loss; reparation; work done to an estate to keep it in good order. "Repair" means to restore to its former condition; not to change either the form or material of a building. Ardesco Oil Co. v. Richardson, 63 Pa. 162. —Necessary repairs. Necessary repairs (for which the master of a ship may lawfully bind the owner) are such as are reasonably fit and proper for the ship under the circumstances, La t REPAIRS. RENUNCIATION. The act of giving up a right. See RENOUNCE.