KFLCC Kingdom Law 2nd Ed.

1145

TERM

TENURE

a compact contrary to the common nature and reason of the fee, put into a contract. TENURE. The mode or system of hold ing lands or tenements in subordination to some superior, which, in the feudal ages, was the leading characteristic of real property. Tenure is the direct result of feudalism, which separated the dormnium directum, {the dominion of the soil,) which is placed mediately or immediately in the crown, from the dominion utile, (the possessory title,) the right to the use and profits in the soil, desig nated by the term "seisin," which is the high est interest a subject can acquire. Wharton. Wharton gives the following list of tenures which were ultimately developed: LAY TENURES. I. Frank tenement, or freehold. (1) The mili tary tenures (abolished, except grand serjeanty, and, reduced to free socage tenures) were: Knight service proper, or tenure in chivalry; grand serjeanty; cornage. (2) Free socage, or ? low-service; either petit serjeanty, tenure in urgage, or gavelkind. II. Villeinage. (1) Pure villeinage, (whence copyholds at the lord's [nominal] will, which is regulated according to custom.) (2) Privileged villeinage, sometimes called villein socage," (whence tenure in ancient demesne, which is- an exalted species of copyhold, held according to custom, and not according to the lord's will,) and is of three kinds: Tenure in ancient de mesne ; privileged copyholds, customary free holds, or free copyholds; copyholds of base tenure. SPIBITTJAI, TENURES. Tenure, in its general sense, Is a mode of holding or occupying. Thus, we speak of the tenure of an office, meaning the manner in which it is held, especially with regard to (ime, (tenure for life, tenure during good be havior,) and of tenure of land in the sense of occupation or tenancy, especially with ref erence to cultivation and questions of politi cal economy; e. g., tenure by peasant pro prietors, cottiers, etc. Sweet. See Bard v. Grundy, 2 Ky. 169; People v. Waite, 9 Wend. (N. T.) 58; Richman v. Lippincott, 29 N. J. Law, 59. —Tenure by divine service is where an ec clesiastical corporation, sole or aggregate, holds land by a certain divine service; as, to say prayers on a certain day in every year, "or to distribute in almes to an hundred poore men an hundred pence at such a day." Litt § 137. In Scotch law. Dower; a wid ow's right of dower, or a right to a life estate in a third part of the lands of which her husband died seised. In Scotch law. A widow that possesses the third part of her hus band's land, as her legal jointure. 1 Karnes, Eq. pref. I. Frankalmoigne, or free alms. II. Tenure by divine service. TERCE. TERCER.

was white and the other a mulatto. See Dan iel v. Guy, 19 Ark. 131.

TERM. A word or phrase; an expres sion; particularly one which possesses a fix ed and known meaning in some science, art, or profession. In the civil law. A space of time grant ed to a debtor for discharging his obligation. Poth. Obi. pt 2, c. 3, art 3, § 1; Civ. Code La. art. 2048. In estates. "Term" signifies the bounds, limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his "term," and he himself is called, with reference to the term he so holds, the "termor," or "tenant of the term." See Gay Mfg. Co. v. Hobbs, 128 N. C. 46, 38 S. E. 26, 83 Am. St Rep. 661; San derson v. Scranton, 105 Pa. 472; Hurd v. Whitsett 4 Colo. 84; Taylor v. Terry, 71Cal. 46, 11 Pac. 813. Of court. The word "term," when used with reference to a court, signifies the space of time during which the court holds a ses sion. A session signifies the time during the term when the court sits for the trans action of business, and the session com mences when the court convenes for the term, and continues until final adjournment, either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its actual sitting. Lipari v. State, 19 Tex. App. 431. And see Horton v. Miller, 38 Pa. 271; Dees v. State, 78 Miss. 250, 28 South. 849; Conkling v. Ridgely, 112 111. 36, 1 N. E. 261, 54 Am. Rep. 204; Brown v. Hume, 16 Grat. (Va.) 462; Brown v. Leet 136 111. 203, 26 N. E. 639. —General term. A phrase used in some ju risdictions to denote the ordinary session of a court, for the trial and determination of causes, as distinguished from a special term, for the hearing of motions or arguments or the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may de note a sitting of the court in banc. State r. Eggers, 152 Mo. 485, 54 S. W. 498—Regular term. A regular term of court is a term be gun at the time appointed by law, and continu ed, in the discretion of the court, to Such time as it may appoint consistent with the law. Wightman v. Karsner, 20 Ala. 451.—Special term. In New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance mo tions and causes of equitable nature is called the "special term," as opposed to the "general term," held by three judges (usually) to hear ap peals. Abbott; Gracie v. Freeland, 1 N. Y. 232.—Term attendant on the inheritance. See ATTENDANT TERMS.—Term fee. In Eng lish practice. A certain sum which a solicitor is entitled to charge to his client and the client to recover, if successful, from the unsuccessful party; payable for every term in which any proceedings subsequent to the summons shall take place. Wharton.—Term for deliberat ing. By "term for deliberating" is understood the time given to the beneficiary heir, to examine

TERCERONE. A term applied in the West Indies to a person one of whose parents