Online Encyclopedia

DEMISE

Online Encyclopedia
Originally appearing in Volume V08, Page 1 of the 1911 Encyclopedia Britannica.
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DEMISE  , an Anglo-

French legal
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term (from the Fr. demettre,
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Lat. dimittere, to send away) for a transfer of an estate, especially by lease . The word has an operative effect in a lease implying a covenant for " quiet enjoyment " (see LANDLORD AND TENANT) . The phrase " demise of the
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crown " is used in
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English law to signify the immediate transfer of the
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sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim " the king never dies." At
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common law the
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death of the
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sovereign eo facto dissolved parliament, but this was abolished by the Representation of the
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People Act 1867, §51 . Similarly the common law
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doctrine that all offices held under the crown determined at its demise has been negatived by the Demise of the Crown Act 1901 . " Demise" is thus often used loosely for death or decease .

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