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To hold
To hold1) These words are now used in a deed to express by what tenure the grantee is to have the land. The clause which commences with these words is called the tenendum. 2) To hold, also means to decide, to adjudge, to decree; as, the court in that case held that the hushand was not liable for the contract of the wife, made without his express or implied authority. 3) It also signifies to bind under a contract, as the obligor is held and firmly bound. In the constitution of the United States, it is provided, that no person held to service or labor in one state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due. RELATED TERMS-------------------------------------- Deed Only in relatively rare circumstances is a deed required to complete a transaction. In a commercial situation the most common use is where a variation or concession is made without the other party giving anything in return. A deed is enforceable regardless of the legal requirements for contracts such as the need for consideration. Where a deed is necessary, there are special requirements for a company wishing to enter into such an arrangement which may either involve use of the company or the signature of two directors or a director and a company secretary. Express That which is made known, and not left to implication. The opposite of implied. It is a rule, that when a matter or thing is expressed, it ceases to be implied by law: expressum facit cessare tacitum. Tenure Estates. The manner in which lands or tenements are holden. 2. According to the English law, all lands are held mediately or immediately from the king, as lord paramount and supreme proprietor of all the lands in the kingdom. Grantee He to whom a grant is made. Clause Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will. Tenendum Conveyancing. This is a Latin word, which signifies to hold. Hold To decide, adjudge, decree. Whence also freehold and leasehold. "Holding", relating to ownership in property, embraces two idea: actual possession of some subject of property, and being invested with the legal title. It may be applied to anything the subject of property, in law or in equity. Decree 1) Legislation. In some countries as in France, some acts of the legislature, or of the sovereign, which have the force of law, are called decrees. 2) Practice. The judgment or sentence of a court of equity. Court A body in government to which the administration of justice is delegated. Case 1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned Liable Legally responsible. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Authority Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands. Obligor The person who owes money or property as the result of a judgment. Constitution 1) Contracts. The constitution of a contract, is the making of the contract as, the written constitution of a debt. 2) Government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States. States By this name are understood in some countries, the assembly of the different orders of the people to regulate the affairs of the commonwealth, as, the states general. Person This word is applied to men, women and children, who are called natural persons. Service 1) Contracts. The being employed to serve another. 2) Feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 3) Practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process; Labor Continued operation; work. State 1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him. Discharged Released, or liberated from custody. Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. Party Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement. Due What ought to be paid; what may be demanded. SIMILAR TERMS-------------------------------------- To harbor Torts. To receive clandestinely or without lawful authority a person for the purpose of so concealing him that another having a right to the lawful custody of such person, shall be deprived of the same; for example, the harboring of a wife or an apprentice, in order to deprive the hushand or the master of them; or in a less technical sense, it is the reception of persons improperly. The harboring of such persons will subject the barborer to an, action for the injury; but in order to put him completely in the wrong, a demand should be made for their restoration, for in cases where the harborer has not committed any other wrong than merely receiving the plaintiff's wife, child, or apprentice, he may be under no obligation to return them without a demand. To have These words are used in deeds for the conveyance of land, in that clause which usually declared for what estate the land is granted. The same as Habendum. PREVIOUS AND NEXT TERMS-------------------------------------- Title 1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like. Title deeds Those deeds which are evidences of the title of the owner of an estate. Title of a declaration Pleading. At the top of every declaration the name of the court is usually stated, with the term of which the declaration is filed, and in the margin the venue, namely, the city or county where the cause is intended to be tried is set down. The first two of these compose what is called the title of the declaration. To harbor Torts. To receive clandestinely or without lawful authority a person for the purpose of so concealing him that another having a right to the lawful custody of such person, shall be deprived of the same; for example, the harboring of a wife or an apprentice, in order to deprive the hushand or the master of them; or in a less technical sense, it is the reception of persons improperly. The harboring of such persons will subject the barborer to an, action for the injury; but in order to put him completely in the wrong, a demand should be made for their restoration, for in cases where the harborer has not committed any other wrong than merely receiving the plaintiff's wife, child, or apprentice, he may be under no obligation to return them without a demand. To have These words are used in deeds for the conveyance of land, in that clause which usually declared for what estate the land is granted. The same as Habendum. To hold To let To hire, to lease; to grant the use and possession of something for a compensation. This term is applied to real estate and the words to hire are more commonly used when speaking of personal estate. To lie That which is proper, is fit; as, an action on the case lies for an injury committed without force; corporeal hereditaments lie in livery, that is, they pass by livery; incorporeal hereditaments lie in grant, that is, pass by the force of the grant, and without any livery. To maim Criminal law. To deprive a person of such part of his body as to ren- der him less able in fighting or defending himself than he would have otherwise been. To make English law. To perform or execute; as to make his law, is to per- form that law which a man had bound himself to do; that is, to clear himself of an action commenced against him, by his oath, and the oaths of his neighbors.To make default, is to fail to appear in proper time. To make oath, is to swear according to the form prescribed by law To muster Maritime law. By this term is understood to collect together and exhibit soldiers and their arms; it also signifies to employ recruits and put their names down in a book to enrol them. 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