单词 | livery of seisin |
释义 | > as lemmaslivery of seisin (in early use frequently livery and seisin) Phrases P1. Law. livery of seisin (in early use frequently livery and seisin). See seisin n. a. A ceremonial and public procedure at common law under which legal possession of the freehold interest in property is granted by one person to another. Now historical.There were two procedures by which livery of seisin could be achieved: livery in deed involved the handing over by the grantor to the grantee of symbols of the freehold possession (such as a key, piece of turf, etc.); in the case of livery in law, also known as livery in view, the grantor stated in the presence of the grantee that possession was given, and possession was achieved when the grantee entered the property during the lifetime of the grantor. These procedures were subsequently replaced by the delivery of a written charter granting freehold possession.The procedure was virtually abolished by the Real Property Act, 1845, cap. 106. §2, which provided that after 1 October 1845 ‘all corporeal Tenements and Hereditaments shall as regards the Conveyance of the immediate Freehold thereof, be deemed to lie in Grant as well as in Livery’. It was finally abolished by the Law of Property Act, 1925, §2. ΘΚΠ society > law > transfer of property > putting in possession > [noun] livery?a1400 livery of seisin (in early use frequently livery and seisin)1436 1436–7 Plea & Mem. Rolls London Guildhall No. A 64.m.6a (MED) To haue and to holde to the same Philip..And with open liuere of seisyn there of made and deliuerid in due fourme be the same ffeoffes. a1500 Partenay (Trin. Cambr.) l. 560 (MED) Dedes therof make the cause ther-on be..Wher-for he it yaf..After sette day of lyuerey and season. 1528–30 tr. T. Littleton Tenures (new ed.) f. v In a lesse for terme of yeres by dede or without deede, it nedeth no lyuere of seysyn to be made to the lesse. 1596 E. Spenser Second Pt. Faerie Queene vi. iv. sig. Cc6 She gladly did of that same babe accept, As of her owne by liuerey and seisin. View more context for this quotation 1608 J. Dod & R. Cleaver Plaine Expos. Prov. xi–xii. 189 How large demeanes may a man be estated in by taking a turfe in way of liuery and seison? 1652 J. Evelyn Mem. (1857) I. 297 22nd [January] was perfected the sealing, livery and seisin of my purchase of Sayes Court. 1741 T. Robinson Common Law of Kent ii. iii. 195 The Livery of Seisin must be propriâ manu of the Infant. 1804 W. Cruise Digest Laws Eng. Real Prop. IV. 102 Livery of seisin is in fact exactly similar to the investiture of the feudal law, and was adopted in England for the same reason..that the proprietor of each piece of land should be publicly known. 1876 E. A. Freeman Hist. Norman Conquest V. xxii. 24 He who could neither show his writ, nor bring evidence, of personal livery of seisin, was held to have no lawful claim to the lands which he held. 2002 Law & Hist. Rev. 20 9 There had been no livery of seisin in the usual sense. ΚΠ 1638 T. Jackson Treat. Consecration Sonne of God 48 Abraham in that sacred banquet which the King of Salem exhibited to him, did (as we say) take levery de seisin of the promised land. 1651 N. Biggs Matæotechnia Medicinæ Praxeωs ⁋180 The Feaver, who hath now taken livery and seisen. 1659 H. Hammond Paraphr. & Annot. Psalms (cx. 7 Annot.) 566/2 To take livery and seizin of an hostile Countrey. ΘΚΠ society > law > administration of justice > court proceedings or procedure > action of courts in claims or grievances > go to law or litigate [verb (intransitive)] > litigate about land > as heir to sue (also sue for, out, etc.) one's livery1460 1460–1 Rolls of Parl.: Henry VI (Electronic ed.) Parl. Oct. 1460 388/1 The Sollicitours for the Quene..causid the seid John and Isabell to sue a speciall Livere of the seid Londes and Tenementes. 1597 W. Shakespeare Richard II ii. iii. 128 I am denyed to sue my Liuery here, And yet my letters pattents giue me leaue. View more context for this quotation 1603 G. Owen Descr. Penbrokshire (1891) 155 The Courte of Wardes and liveries, doeth allso call all Wardes in Wales to sue forth their lyveries there. 1649 J. Milton Εικονοκλαστης xi. 111 It concern'd them first to sue out thir Livery from the unjust wardship of his encroaching Prerogative. 1707 J. Chamberlayne Angliæ Notitia (ed. 22) ii. vi. 98 He [sc. the king's eldest son] may that Day sue for the Livery of the said Dukedom [of Cornwall] and ought of Right to obtain the same. 1827 H. Hallam Constit. Hist. Eng. II. xviii. 744 The recusants were allowed to sue for livery of their estates in the court of wards. livery of seisin b. The phrases to give, take seisin are sometimes used with special reference to the symbolical acts called livery of seisin (see livery n. Scottish). Hence, in popular language, seisin has been occasionally applied loosely to the object (e.g. a turf, a key, a staff) handed over in ‘livery of seisin’ as a token of possession. ΘΚΠ society > law > transfer of property > putting in possession > [noun] > handing over of symbol of possession > object handed over to give seisin1523 1523 J. Fitzherbert Bk. Surueyeng xi. f. 14 The stewarde..shall delyuer to hym yt shall haue the lande the same yerde, or another in the name of season. 1629 Vse of Law 54 in J. Doddridge Lawyers Light And in Seisin thereof, hee deliuereth to him a Turfe, twig, or Ring of the doore. 1761 D. Hume Hist. Eng. to Henry VII I. iii. 136 A soldier..plucked some thatch, which, as if giving him seizine of the kingdom, he presented to his general [William]. 1863 J. Keble Life T. Wilson: Pt. I v. 168 Giving a kind of seizin by the delivery of a straw. < as lemmas |
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