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Encyclopedia Britannica - Main :: TAV-THE |
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TERM , an English word which has various meanings, all arising from its etymology (Lat. terminus), and the idea of limiting or defining. A term of years, in English law, is the time during which an interest
interest
ordinary lease reserving a rent, as of a house
although the term had been satisfiedthat is, the purpose for which the term has been created had been fulfilled. By the Assignment of Satisfied Terms Act 1845 the assignment of satisfied terms was rendered unnecessary. The Conveyancing Acts 1881 and 1882 give power to enlarge the unexpired residue of a long term in certain cases into the fee simple. Terms, in the sense of a limited and certain period of time during which the law courts are open, used to affect only what were called in England the superior courtsthat is, the king's bench, common pleas and exchequer. They were originally the leisure seasons of the year which were not occupied by great feasts or fasts of the Church or by agriculture. Their origin is no doubt to be traced back to the legislation of the early Christian emperors, the principle being adopted in England through the influence of ecclesiastical judges. Terms were regulated by many acts of parliament, the effect of which was to confine to a comparatively short period the time during which the courts could sit in bancothat is, for the decision of questions of law as distinguished from the decision of questions of fact. There were four terms, Hilary, Easter, Trinity and Michaelmas, the average duration of each being about three weeks. All legislation on the subject previous to 1873 is now merely of historical interest, for by the Judicature Act of that year terms were abolished so far as related to the ad-ministration of justice and sittings substituted. The previous subdivisions of the legal year were, however, retained, the dates
week to the Friday before Whitsunday, and the Trinity sittings from the Tuesday after Whitsun week to the 12th of August, all dates
In universities and schools the word term is used for the period during which instruction is given to the students or pupils. University and school terms differ from law terms and from each other both in period and duration. At the university of Cambridge the academic year is divided into three terms, Michaelmas, Lent and Easter; while at the university of Oxford there are four terms in the year, 1\/Iichaelmas, Hilary, Easter and Trinity. School years now generally consist of three terms, divided by Christmas, Easter and Summer holidays, the old half-years having gradually been abolished. In higher educational institutions in the United States the university or college year is generally divided into three terms called either the Fall, Winter and Spring terms, or much less frequently the first, second and third terms. In some institutions, however, the so-called semester system has been adopted, the year being divided into two terms, so far as instruction is concerned, though even in these cases vacations at Christmas time and in the early spring divide the year into three parts, which are sometimes, though not in the usual or proper sense, called terms.In Scotland terms are the days at which rent or interest is payable. They are either legal or conventional: the legal are Whitsunday and Martinmas; the conventional are fixed by agreement between the parties. Terms as times of court sittings were defined by 6 Anne c. 53, which fixed four termsMartinmas, Candlemas, Whitsuntide and Lammasfor the now obsolete court of exchequer, to which the winter and summer sittings of the court of session now correspond. End of Article: TERM If you wish, you can link directly to this article.
<a href="http://jcsm.org/StudyCenter/Encyclopedia/TAV_THE/TERM.html"> TERM </a> |
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