Page:Black's Law Dictionary (Second Edition).djvu/1025

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RENT
1017
REPAIRS

RENT. At common law. A certain profit issuing yearly out of lands and tenements corporeal; a species of incorporeai

hcredltaiuent. 2 Bl. Conini. 41. A compensation or return yielded periodically. to a ('9i‘L‘ili1 amount. out of the profits of some (.‘0['p0le'1l hereditainents, by the tenant there- of. 2 St:-ph Comm. 23. A certain yearly profit in money. provisions. chattels, or la- hnr. issuing out of lands and tenements, in retribution for the use. 3 I.\ent:, Comm. 460.

The compensation. either in money, pro- visions. chattels, or labor. received by the owner of the soil from the occupant thereof. Jack. & G. Landl. & Ten. § 38. And see Loiuhard v. Bnvden. 5 Allcn (i\Iass.) 254; Bledsoe v. Nixon., N. C 89: Fisk \- BHU- man. 21 R. I. 1!) 42 Ati. 378: (Warhe v. (‘ohh_ lfl Cal. 595. 54 Pac. 74: Par-sell v. Sinker. 4.1 N. Y. 43?; Otis v. Couwav. 114 N. Y. 13. 20 N. E. 62?: Payu v. Beal. 4 Denlo (N. Y.) 412: Van V\'lcklen V Paulson, 14 Barb. (N. Y.) 655.

In Imnis:ia.un.. The colltiact of rent of 11111178 is a contract by which one of the parties conveys and codes to the other a tract of land, or any other ili1Il.](l\'i1llle property, and stipulates that the latter shall hold it as ouuer, but reserving to the former an unnuai rent or a certain sum of money, or of a certain quantity of fruits, which the other party binds himself to pay him. It is of the essence of this conveyance that it be made in perpetuity. If it be made for a limited time, it is a lease. Ci_v. Code La. arts. 2779. 2780. —Fee farm rent. A rent charge issuing out of an estate in fee; a perpetual rent reserved on a convey once of lanai in fee simple. round rant. See GIl0UND.—Qnit rent. Certain established rents of the frs-ebolders and ancient copyliolders of manors were so called. because by their payment the tenant was free and "quit" of all other seiviccs.—Raok rent. A rent of the full iinnual value of the tent-Lnent or near it. 2 Bl. Comm. 43.—Rent-charge. This arises \\llt‘|'f-‘ the owner of the rent has no future interest or rcrnrsion in the land. It is usually treated by deed or will, and is accompanied with powers of distress and entry.- Rent-roll. A list of rt-nts payable to a partir-ular person or public hoily.—Rent seek. Barren rent: a rent reserved by dced. ut with out any clause of distrt-ss. 2 Bl. Comm. 42: 3 Kent. Comm. 461.—Rent-sex-vice. This consisted of fealty. together with a certain rant, and was the only ltiud of rent originally knmvn to the common law. It was so called because it was given as it compensation for the services to nliich the lanil was originally liable. Brown —Rents of assize. he ceitain and determined rents of the frceholilers and ancient copy- i2iDl(iPl'S of manors are called "rents of assize." apparently because they were assized or made certain, and so tliflllngzllisilt-‘(l from a rrrlviiiiis mnbilis, which was A variable or flurtiiatiuz rent 3Crnise. D . ' rown.—-Rents res- nlnte. Rents aniicntly p. y'ible to tbc cronn from the lands nf abheys and rolizioiis honsa: and after tbeir dissolution. not"-'thstanding that the lands were dPl[liSt‘(l to others. yet the rents were still reserved and made payable again to the crown. Cowell.


Rent must be reserved to him from whom the state of the land rnovath. C0. LltL 1&3.

RENTAGE. Rent.

RENTAL. (Said to be corruptted from

"rent-roll.") In Diglish law. A roll on which the rents of a manor are registered or set d0Wl.l, and by which the lord's bailiff coi- lccts the same. It contains the lands and tenements let to each tenant, the names or

the tenants, and other particulars. Cunning- haui: Holthouse. —-Rental bolls. In Scotch_ law. When the

tithes (tiends) have been liquidated and settled for so many balls of corn yearly. Bell.-Renh a.l-rights. In English law. A species of lease usually granted at a low rent: and for life. Tenants undir Elllh leases were called "rentalers" or ‘ kindly tenants."

RENTE. In French law. Rents is the annual return which represents the revenue of a capital or of an immovable alienated The constitution of rente is a contract hy which one of the parties lends to the other a capital which he agrees not to recall. in consideration of the borrower's paying an annual hiterest. It is this interest which is called "rents." Duverger. The word is therefore nearly synonymous with the English "annuity."

"Renter." is the term applied to the French government funds and "renHer" to a fund- holder or other person having an income from pelsonnl property. Wharton. —Rente fonciére. A rent which issues out of land, and it is of its essence that it be perpetual, for, if it be made but for a limited time, it is a lease It may. however. be extinguished. Civ. Code La. art. 2780 —Renta v-isgére. That species of rents, the duration of which depends upon the contiiigency of the death of one or more persons indicated in the contract. The uncertainty of the time at which such death may happen causes the rente viayflre to be included in the number _of aleutory contracts. Duverger. l)t'6i_is an annuity for life. Civ. Code La. art. .4] .

RENTS, ISSUES. AND PROFITS more commonly signify in the books a chattel real interest in land; a kind of estate growing out of the land, for life or years. producing an nnuuul or other rent. Bruce v. Thomp- son. 2G Vt. 746.

RENUNCIATION. The act of giving up a right See RENOUNCE.

EEO ABSENTE. Lat The defendant being absent; in the absence of the defend- ant.

REPAIRS. Restoration to soundness: supply of loss; reparation: worl: done to an estate to keep it in good order.

"Repair" means to rcstorc to its former condition; not to change either the form or material of a building. Ardesco Oil Co. v. Richardson, 63 Pa. 162.

—Neoessa.i-y repairs. Necessary repairs (for Wllilll the niastc|' of a sbip may lawfully hiuil the ovsur-r) are such as are reasonably tit and proper for the ship under the circumstances.