KFLCC Kingdom Law 2nd Ed.

706

LECTRINUM.

LEASE

a conveyance of the fee, have the joint opera tion of a single conveyance. 2 Bl. Comm. 339; 4 Kent, Comm. 482; Co. Litt. 207; Cruise, Dig. tit 32, c. 11.—Mining lease. See MINING.—Parol lease. A lease of real es tate not evidenced by writing, but resting in an oral agreement.—Perpetual lease. A lease of lands which may last without limitation as to time; a grant of lands in fee with the res ervation of a rent in fee; a fee-farm. Edwards v. Noel, 88 Mo. App. 434.—Sublease, or un derlease. One executed by the lessee of an estate to a third person, conveving the same estate for a shorter term than that for which the lessee holds it. LEASEHOLD. An estate in realty held under a lease; an estate for a fixed term of years. See Stubbings v. Evanston, 136 111. 37, 26 N. E. 577, 11 L. R. A. 839, 29 Am. St Rep. 300; Washington F. Ins. Co. v. Kelly, 32 Md. 421, 3 Am. Rep. 149; Harley v. O'Donnell, 9 Pa. Co. Ct R. 56. LEASLNG-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. LEAUTE. L. Fr. Legality; sufficiency in law. Britt c. 109. LEAVE. To give or dispose of by will. "The word 'leave,' as applied to the subject matter, prima facie means a disposition by will." Thorley v. Thorley, 10 East, 438; Carr v. Effinger, 78 Va. 203. LEAVE AND LICENSE. A defense to an action in trespass setting up the consent of the plaintiff to the trespass complained of. LEAVE OF COURT. Permission obtain ed from a court to take some action which, without such permission, would not be allow able; as, to sue a receiver, to file an amend ed pleading, to plead several pleas. See Cop perthwait v. Dummer, 18 N. J. Law, 258. LECHERWITE, LAIRWITE, or LEG ERWITE. A fine for adultery or fornica tion, anciently paid to the lords of certain manors. 4 Inst 206. LECTOR DE LETRA ANTIQUA. In Spanish law. A person appointed by com petent authority to read and decipher ancient writings, to the end that they may be pre sented on the trial of causes as documents entitled to legal credit Escriche. LEASING, or LESING. Gleaning. LECCATOR. A debauched person. Cowell.

LEASE. A conveyance of lands or fene mants 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 tessor has in the premises; for, if it be for the whole interest, it is more properly an as signment than a lease. 2 Bl. Comm. 317; Shep. Touch. 266; Watk. Conv. 220. And see Sawyer v. Hansen, 24 Me. 545; Thomas v. West Jersey R. C, 101 U. S. 78, 25 L. Ed. 950; Jackson v. Harsen, 7 Cow. (N. Y.) 326, 17 Am. Dec. 517; Lacey v. Newcomb, 95 Iowa, 287, 63 N. W. 704; Mayberry v. John son, 15 N. J. Law, 121; Milliken v. Faulk, 111 Ala. 658, 20 South. 594; Craig v. Sum mers, 47 Minn. 189, 49 N. W. 742, 15 L. R. A. 236; Harley v. O'Donnell, 9 Pa. Co. Ct. R. 56. 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 recom pense. 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 "coun terpart." 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 les see alone, and given to the lessor. —Concurrent lease. One granted for a term which is to commence before the expiration or other determination of a previous lease of the same premises made to another person; or, in other words, an assignment of a part of the reversion, entitling the lessee to all the rents accruing on the previous lease after the date of his lease and to appropriate remedies against the holding tenant. Cargill v. Thompson, 57 Minn. 534, 59 N. W. 638.—Lease and re lease. 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 bargain ee. This,/ without any enrolment, makes the bargainor stand seised to the use of the bar gainee, 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

LECTRINUM. A pulpit

Hon. AngL

torn. Hi. p. 243.