KFLCC Kingdom Law 2nd Ed.

185

CESSION DES BIENS

OESS

CESSET EXECTJTIO. (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. (Let process 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 voluntary action on the debtor's part was to secure 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 con tinental jurisprudence to designate a bank rupt's assignment of property to be distrib uted 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, Oomm.*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 (vindicabaf) 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. 392; Latch. 234. In public law. The assignment, trans fer, or yielding up of territory by one state or 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 compulsory, (judiciaire,) corresponding very nearly to liq uidation by arrangement and bankruptcy in English and American law.

CESS, n. An assessment or tax. In Ire land, it was anciently applied to an exaction of victuals, at a certain rate, for soldiers in garrison. Cessa regnare, si non vis judicare. Cease to reign, if you wish not to adjudicate. Hob. 155. Cessante causa, cessat effectus. The cause ceasing, the effect ceases. Broom, Max. 160. Cessante ratione legis, cessat et ipsa lex. The reason of the law ceasing, the law itself ceases also. Co. Litt. 70&; 2 Bl. Comm. 390, 391; Broom, Max. 159. Cessante statu primitivo, cessat deriv ativus. When the primitive or original es tate determines, the derivative estate deter mines also. 8 Coke, 34; Broom, Max. 495. CESSARE. L. Lat. To cease, stop, or stay. CESSAVIT PER BIENNIUM. In prac tice. An obsolete writ, which could formerly have been sued out when the defendant had for two years ceased or neglected to per form such service or to pay such rent as he was bound to do by his tenure, and had not upon his lands sufficient goods or chattels to be distrained. Fitzh. Nat Brev. 208. It also lay where a religious house held lands on condition of performing certain spiritual services which it failed to do. 3 Bl. Comm. 232. Emig v. Cunningham, 62 Md. 460. CESSE. (1) An assessment or tax; (2) a tenant of land was said to cesse when he neglected or ceased to perform the services due to the lord. Co. Litt. 373a, 3806. CESSER. Neglect; a ceasing from, or omission to do, a thing. 3 Bl. Comm. 232. The determination of an estate. 1 Coke, 84; 4 Kent, Comm. 33, 90, 105, 295. The "cesser" of a term, annuity, or the like, takes place when it determines or comes to an end. The expression is chiefly used (in Eng land) with reference to long terms of a thou sand years or some similar period, created by a settlement for the purpose of securing the in come, portions, etc., given to the objects of the settlement. When the trusts of a term of this kind are satisfied, it is desirable that the tprm should be put an end to, and with this object it was formerly usual to provide in the settle ment itself that, as soon as the trusts of the term had been satisfied, it should cease and de termine. This was called a "proviso for ces ser." Sweet. —Cesser, proviso for. Where terms for years are raised by settlement, it is usual to introduce a proviso that they shall cease when the trusts end. This proviso generally expresses three events: (1) The trusts never arising; (2) their becoming unnecessary or incapable of taking ef fect; (3) the performance of them. Sued. Vend. (14th Ed.) 621-623.