Legal Term Dictionary

The holder of a bill of exchange, promissory note, or check is the person who has legally acquired the possession of the same, from a person capable of transferring it, by indorsement or delivery, and who is entitled to receive payment of the instrument from the party or parties liable More...

The holder of a bill of exchange, promissory note, or check is the person who has legally acquired the possession of the same, from a person capable of transferring it, by indorsement or delivery, and who is entitled to receive payment of the instrument from the party or parties liable to meet it. Bowling v. Harrison, 6 How. 258, 12 L. Ed. 425; Crocker-Wool worth Nat. Bank v. Nevada Bank, 139 Cal. 564, 73 Pac. 456, 63 L. R. A. 245, 96 Am. St. Rep. 169; Rice v. Hogan, 8 Dana (Ky.) 135; Rev. Laws Mass. 1902, p. 653, f 207. -Holder in due course, in English law, is "a holder who has taken a bill of exchange check or note complete and regular on the face of it under the following conditions, namely: (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact, (b) That he took the bill (check or note) in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in tbe title of the person who negotiated it." Bills of Exchange Act. 1882. 45 & 46 Vict. c. 61, f 20.) And see Sutherland v. Mead, 80 App. Div. 103, 80 N. Y. Supp. 504 Less...

Sax. In Saxon law. A military commander. Spelman.

Sax. In Saxon law. A military commander. Spelman. Less...

In English law. A piece of land held under a lease or similar tenancy for agricultural, pastoral, or similar purposes. In Scotch law. The tenure or nature of the right given by the superior to the vassal. Bell. -Holding over. See HOLD, v.-Holding np the hand. In criminal practice. A More...

In English law. A piece of land held under a lease or similar tenancy for agricultural, pastoral, or similar purposes. In Scotch law. The tenure or nature of the right given by the superior to the vassal. Bell. -Holding over. See HOLD, v.-Holding np the hand. In criminal practice. A formality observed in the arraignment of prisoners. Held to be not absolutely necessary. 1 W. Bl. 3, 4. Less...

A religious festival; a day set apart for commemorating some important event in history; a day of exemption from labor. Webster. A day upon which the usual operations of business are suspended and the courts closed, and, generally, no legal process is served. -Legal holiday. A day designated by law More...

A religious festival; a day set apart for commemorating some important event in history; a day of exemption from labor. Webster. A day upon which the usual operations of business are suspended and the courts closed, and, generally, no legal process is served. -Legal holiday. A day designated by law as exempt from judicial proceedings, service of process, demand and protest of commercial paper, etc.-Publio holiday. A legal holiday. Less...

An island in a river or the sea. Spelman. Plain grassy ground upon water sides or in the water. Blount. Low ground intersected with streams. Spelman.

An island in a river or the sea. Spelman. Plain grassy ground upon water sides or in the water. Blount. Low ground intersected with streams. Spelman. Less...

In Spanish law. A holograph. An instrument (particularly a will) wholly in the handwriting of the person executing it; or which, to be valid, must be so written by his own hand.

In Spanish law. A holograph. An instrument (particularly a will) wholly in the handwriting of the person executing it; or which, to be valid, must be so written by his own hand. Less...

A will or deed written entirely by the testator or grantor with his own hand. Estate of Billings, 64 Cal. 427, 1 Pac. 701; Harrison v. Weatherby, 180 111. 418, 54 N. B. 237.

A will or deed written entirely by the testator or grantor with his own hand. Estate of Billings, 64 Cal. 427, 1 Pac. 701; Harrison v. Weatherby, 180 111. 418, 54 N. B. 237. Less...

Sax. In old English law. A wood or grove. Spelman; Cowell; Co. Litt 4b.

Sax. In old English law. A wood or grove. Spelman; Cowell; Co. Litt 4b. Less...

In ecclesiastical law. The orders of bishops, (including archbishops,) priests, and deacons in the Church of England. The Roman canonists had the orders of bishop, in which the pope and archbishops were included, priest, deacon, sub-deacon, psalmist, acolyte, exorcist, reader, ostiarlus. 3 Steph. Comm. 55, and note a.

In ecclesiastical law. The orders of bishops, (including archbishops,) priests, and deacons in the Church of England. The Roman canonists had the orders of bishop, in which the pope and archbishops were included, priest, deacon, sub-deacon, psalmist, acolyte, exorcist, reader, ostiarlus. 3 Steph. Comm. 55, and note a. Less...

In feudal law. A service (or the ceremony of rendering it) which a tenant was bound to perform to his lord on receiving investiture of a fee, or succeeding to it as heir, in acknowledgment of the tenure. It is described by Littleton as the most honorable service of reverence More...

In feudal law. A service (or the ceremony of rendering it) which a tenant was bound to perform to his lord on receiving investiture of a fee, or succeeding to it as heir, in acknowledgment of the tenure. It is described by Littleton as the most honorable service of reverence that a free tenant might do to his lord. The ceremony was as follows: The tenant, being ungirt and with bare head, knelt before the lord. the latter sitting, and held his hands extended and Joined between the hands of the lord, and said: "I become your man [homo] from this day forward, of life and limb and earthly honor, and to you will be faithful and loyal, and bear you faith, for the tenements that I claim to hold of you, saving the faith that I owe unto our sovereign lord the king, so help me God." The tenant then received a kiss from the lord. Homage could be done only to the lord himself. Litt. s 85; Glanv. lib. 9, c. 1; Bract fols. 77b, 78-80; Wharton. "Homage" is to be distinguished from "fealty," another incident of feudalism, and which consisted in the solemn oath of fidelity made by the vassal to the lord, whereas homage was merely an acknowledgment of tenure. If tbe homage was intended to include fealty, it was called "liege homage;" but otherwise it was called "simple homage." Brown. -Homage ancestral. In feudal law. Horn-ape was called by this name where a man and hi& ancestors had immemorially held of another and his ancestors by the service of homage, which bound tbe lord to warrant the title, ana also to hold the tenant clear of all services to superior lords. If the tenant aliened in fee, his alienee was a tenant by homage, but not by homage ancestral. Litt. 1148; 2 Bl. Oomm. 300.-Homage jury. A jury la a court-baron, consisting of tenants that do homage, who are to inquire and make presentments of the death of tenants, surrenders, admittances, and the like.-Homage liege. That kind of homage which was due to the sovereign alone as supreme lord, and which was done without any saving or exception of the rights of other lords. Spelman. Less...