Terms in this set (52) ad damnum. The Dower Act (1833–1834), however, rendered the fact of the seisin of the husband of no importance, and the Married Women's Property Act 1882 practically abolished the old law of curtesy. The Old French variations seisir, saisir, are from Low Latin sacire, generally referred to the same source as Gothic satjan, Old English settan, to put in place, set. [1] Tenure, and the variety thereof, was the very essence of feudal society and the stratification thereof, and the possession of a tenure (i.e., holding, from Latin teneo "to hold") was legally established by the act of seisin. This constituted however only an incomplete conveyance. Friends of mine were in a lease agreement for the home that they were in. Only then could the heir pay his feudal relief to the treasury, which final step would enable him to obtain seisin, i.e., actual possession. Seisin used in the normal course of events is of two kinds, "in law" and "in deed". The heir would pay homage to the king, which once received established him irreversibly as the true heir, for the ceremony of homage was in the form of a sacred vow. There are clear constitutional guidelines for seizing private property. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This is in contrast to personal property, which can be moved or transferred physically. 21, p. 626, seisin. Real property is best characterized as property that doesn’t move, or that is attached to the land. http://chestofbooks.com/business/law/American-Commercial-Law-Series/Chapter-2-History-Of-The-Law-Of-Property.html, http://legal-dictionary.thefreedictionary.com/Primer+seisin, https://en.wikipedia.org/w/index.php?title=Seisin&oldid=961220553, Wikipedia articles needing clarification from January 2015, Articles with unsourced statements from February 2011, Wikipedia articles incorporating a citation from the 1911 Encyclopaedia Britannica with Wikisource reference, Wikipedia articles incorporating text from the 1911 Encyclopædia Britannica, Creative Commons Attribution-ShareAlike License. Sometimes lenders have the right to declare a secured debt in default, even if you’re all paid up. If you have had a Police Seizure of Property (other than money or cash) then there naturally becomes a point when that property is no longer required under PACE 1984. Property may also be seized to satisfy an unpaid judgment, as long as proper notice of the amount due has been served. The government provides the landowner a fair price, and the landowner yields the property … Seizing Property to Pay an Unsecured Debt. But the Southland Royalty Trust was created to endure until the demise of the last living descendant of signors of the Declaration of Independence, who are unknown thereby creating an entity that likely violates the rule against perpetuities because it can never end hence the gap in seisin never can close. This section will discuss the proceedings that occur after illegal drugs or property associated with the selling or manufacturing of … Definition of seizing in the Definitions.net dictionary. Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. Sometimes, the operation of eminent domain is a straightforward matter. The equivalent Scottish term is sasine, which term has developed a further signification in Scots law. Seized artifacts by Tourism and Antiquities Police last year- File photo CAIRO - 18 January 2018: The Egyptian Tourism and Antiquities Police managed to seize a historical statue dating back to the Pharaonic era, in addition to discovering illegal excavation works, searching for unearthed artifacts beneath two houses in Sohag, according to a statement by the Ministry of Interior. The conveyancing procedure, or procedure of "re-enfeoffment", i.e., re-establishment of tenure in a fief, was as follows. Seizure is the act of law enforcement officials taking property, including cash, real estate, vehicles, etc., that has been used in connection with or acquired by illegal activities. Following the Norman invasion of Ireland, feudalism was introduced in those areas under Norman control. (3) And if the chief Lord do put such an Heir out of the Possession maliciously, whereby he is driven to purchase a Writ of, II. Upon trust termination, the trustee conveys (distributes) legal title to the beneficiary, and again gap in seisin ends. A tenant seised in deed as well as in law thus had obtained the best legal title to his tenure available. Brit, 9th. It is important to understand that such a tenure did not escheat, even temporarily, to the crown pending the re-enfeoffment of the heir. A New Study Shows They’re Wrong. Yet in the case of a barony, which was an extensive tenure of frequently several dozen manors, the king needed to make certain that the heir who presented himself to pay homage was the true heir, for should his homage be accepted, his status was irreversibly confirmed, and the new baron would be entitled to attend parliament. Seize definition, to take hold of suddenly or forcibly; grasp: to seize a weapon. In seizing the movable property, the competent official shall issue a notice in writing to the property owner and combined owners or the persons entitled to the property. Primer seisin is defined as "the right which the king had, when any of his tenants died seised of a knight's fee, to receive of the heir, provided he were of full age, one whole year's profits of the lands, if they were in immediate possession; and half a year's profits, if the lands were in reversion, expectant on an estate for life"[3][4][5] On the death of a tenant-in-chief, for example a feudal baron, his holding was heritable by his son or other right heir. right of audience noun. Police Say Seizing Property Without Trial Helps Keep Crime Down. 3 synonyms for seizing: prehension, taking hold, grasping. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. Instead seisin was used as a term signifying feudal possession. Each carries with it a differing strength of tenure. Synonyms, crossword answers and other related words for LEGALLY SEIZE PROPERTY [distrain] We hope that the following list of synonyms for the word distrain will help you to finish your crossword today. Seisin is the important understanding that property owned in fee simple consists of two different parts; namely, 1) the naked legal title, and 2) the equitable (i.e., beneficial) title and that these two properties may not be forever separated. Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. Commonly when trusts are created the trustee owns (takes) legal title; the trustee administers the property for the benefit of the beneficiaries who are said to have equitable (beneficial) title. Seizing Property. (2) And if an Heir at the time of his Ancestor's Death be of full Age, and he is Heir apparent, and known for Heir, and be found in the Inheritance, the chief Lord shall not put him out, nor take, nor remove any thing there, but shall take only simple Seisin therefore for the Recognition of his Seigniory, that he may be known for Lord. Clause 9. or the right to immediate possession (Williams v. Swango, 365 Ill. 549, 7 N.E.2d 306, 309.). Key Terms for Chapter 3 : Civil Trial Procedure. The monarch alone "held" all the land of England by his allodial right and all his subjects were merely his tenants under various contracts of feudal tenure. Modern courts have interpreted seisin as approximating to modern "freehold" ownership of land (Deshong v. Deshong, 186 Pa. 227, 40 A.402.) legal if property reverts to its previous owner, it is returned to that owner. The modern writer Marc Bloch considers seisin to signify "possession made venerable by the lapse of time" and that "paper documentary evidence was not required to establish seisin, rather human memory of the use of land or administration of justice there was invoked, especially these by the ancestors".[8]. It was used in the form of "the son and heir of X has obtained seisin of his inheritance", and thus is effectively a term concerned with conveyancing in the feudal era. Between the death of the previous tenant and the new seisin, there was an empty tenure of the fief, which was legally inconvenient, but tolerated as generally of short duration. The person holding such estate is said to be "seized of it", a phrase which commonly appears in inquisitions post mortem (i.e. This also includes man-made buildings as well as crops. Primer seisin can thus be seen as a variety of feudal burden, or feudal incident, that is to say a right exercisable by an overlord over his vassal's holding. The Merrill Lynch Ready Asset Trust, the first of the money market accounts when established in the 1970s, named a newly born son of one of the Merrill Lynch executives by whom to measure the duration as 21 years beyond the demise of that child. What does seizing mean? A Search Warrant usually must be presented to the person before his property is seized, unless the circumstances of the seizure justify a warrantless Search and Seizure . When the landlord rents his property the Lessee is vested with equitable title and the peaceable enjoyment of the property during his or her tenure. We've arranged the synonyms in length order so that they are easier to find. Use it free! drugs, knives, guns etc) – some items will be forfeited and destroyed. At the end of the period the assets of the trust then are to be distributed to the beneficiaries and the trust extinguished. 3. It came to be said later that in the conveyance of a fee by deed of feoffment there must be livery of seisin.[2]. ed. 3) C A P. XVI) stated as follows:[7], In European feudal states, "ownership" of land, that is to say allodial possession, was generally restricted to monarchs and was thus rarely an operative principle. c. 24)".Encyc. They left the home approximately 4 months prior to the least ending on 1/02/03. Seisin is now confined to possession of the freehold, though at one time it appears to have been used for simple possession without regard to the estate of the possessor. The rest of this article is about seizing property to pay unsecured debts. Seize definition is - to vest ownership of a freehold estate in. "Livery" (or delivery) by "seisin in law" occurred when the parties to the transaction went within sight of the land to be conveyed and the transferor declared to the recipient that possession had been granted. Common English practice was to create a trust whose term ended upon the demise of the last living heir of her Britannic Majesty Queen Victoria whose descendants are well known but even that practice is discouraged. [6], The Wardships, etc. A "freeman" was a man who held by freehold tenure, and thus freehold tenure was anciently said to be the only form of feudal land tenure worthy to be held by a free man. ed., vol. the right of a lawyer to appear and conduct proceedings in court on behalf of their client. Information and translations of seizing in the most comprehensive … Marc Bloch, Feudal Societychap. By physically entering onto the land the transferee converts or "delivers" his seisin in law into seisin in deed. vol. Synonym Discussion of seize. This may lead to a sheriff's sale. Seisin is believed to have been applicable only to freehold tenures, that is to say a tenure exceeding a mere term for life and which was heritable, on condition of payment of the appropriate feudal relief to the overlord. Civil forfeiture: Government seizes property if the property is involved with the commission of a crime. ... the act of taking or seizing property by the use of a writ, summons, ... a person who holds legal title to property in trust for another. You won’t necessarily be able to recover all your property (e.g. The owner of the car, Tyvessel White, was charged and eventually convicted of narcotics possession. These limits are the bedrock of search-and-seizure law. An universal etymological English dictionary;: comprehending the derivations ...(1770), Alternative definition: "primer seisin was a feudal burden at one time incident to the king's tenants in capite, whether by knight service or in socage. If you make your payments but otherwise fail to comply with an important term of the security agreement, the creditor can also declare you in default and take the property. Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land. Define Unlawfully (appropriating) (seizing) property. Sequestration (in law) is the act of removing, separating, or seizing anything from the possession of its owner under process of law for the benefit of creditors or … Seizing definition is - the cord or lashing used in binding or fastening. Alternative definition: "primer seisin: a Branch of the King's Prerogative, whereby he had the first Seisin or Possession of all Lands and Tenements throughout the realm till the Heir do his Homage, or come to Age" (Bailey, Nathan. How to use seize in a sentence. The right was abandoned by the Act abolishing feudal tenures (12 Car. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of their assets. Its importance is considerably less than it was at one time, owing to the old form of conveyance by feoffment with livery of seisin having been superseded by a deed of grant, and the old rule of descent from the person last seised having been abolished in favour of descent from the purchaser. means to take possession of property in an unauthorized manner or to exercise control over property without proper authorization or justification. A creditor must sue you in court and get a judgment before it can seize your property to pay an unsecured debt. Time was needed for the sheriff of the shire concerned to make enquiries, sometimes by use of local juries. Seisin comes from Middle English saysen, seysen, in the legal sense of to put in possession of, or to take possession of, hence, to grasp, to seize. Proper authorization or justification the commission of a feudal fiefdom or fee, is. 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