CESSURE

4 definitions found across Law Mind sources

CESSUREAuthored
The Law Mind • 647 words
Definition
An archaic Law French term denoting a receiver or bailiff — an officer appointed to receive revenues, rents, or other income on behalf of another, or to manage and administer property under some form of legal oversight. The term appears in historical English legal sources as a descriptor for an agent entrusted with the collection or custodial management of funds or estate assets. It is not a term of art in modern law and carries no operative legal significance in contemporary practice.
Common Confusion
CESSURE should not be confused with CESSER, a related but distinct Law French term referring to the termination or cessation of a right, interest, or liability — as in a cesser of a term or a cesser clause in a mortgage or annuity context. The two terms share superficial similarity and appear in proximity in historical dictionaries, but they describe fundamentally different legal concepts: cessure concerns a person (a receiver or bailiff), while cesser concerns an event (a stopping or ending). Burrill's Law Dictionary explicitly cross-references cesser from the cessure entry, which increases the risk of conflation when browsing historical sources.
Why It Matters in Research
Researchers encountering cessure in historical English legal documents, Year Books, or early treatises should read it as a role descriptor, not as a term defining a legal relationship with modern equivalents. The term belongs to the Law French stratum of English legal vocabulary — a register that dominated English legal writing from the Norman Conquest through roughly the seventeenth century — and it surfaces most often in records concerning estate administration, manorial courts, and early chancery proceedings. Two research traps are worth flagging. First, the orthographic instability of Law French means cessure may appear in variant spellings across manuscript and printed sources; researchers searching digitized corpus materials should not rely on a single spelling. Second, because historical dictionary entries for cessure are extremely brief and cross-referential, they offer almost no contextual guidance on how the role of the cessure was distinguished in practice from related officers such as the receiver-general, the bailiff, or the sequestrator. Researchers needing functional detail must go beyond dictionary sources to records and treatises dealing with manorial administration or early equity practice. The term has no significant jurisdictional variation because it did not survive into modern statutory or common law vocabulary in any jurisdiction. It is a fossil term — useful for reading historical sources, not for legal argument.
Historical Dictionary Support
All three source dictionaries agree on the core definition: a receiver or bailiff. The entries are uniformly terse. Black's Law Dictionary (1st and 2nd editions) and Burrill's Law Dictionary each attribute the definition to Kelham — a reference to Robert Kelham's Glossary of the Norman and Old French Language (1779), which remains the standard authority for Law French vocabulary in English legal contexts. No source expands on the functional duties of the cessure, the legal contexts in which the term appeared, or how it related to other officer roles of the period. Burrill's cross-reference to cesser is the only editorial addition of note across the three entries. It is a useful signal that the terms were understood as distinct, but Burrill offers no explanation of how they were distinguished in practice. The 2nd edition of Black's is notable for placing the cessure entry immediately adjacent to c'est ascavoir and the cestui family of terms, reflecting the alphabetical compression of Law French vocabulary in early American legal dictionaries rather than any substantive relationship among those terms. Historical dictionaries generally underserve Law French terminology: brief entries sourced to Kelham without contextual elaboration are the norm, and cessure is no exception. Researchers should treat these entries as identification aids only.
Related Terms
Cesser Receiver Bailiff Sequestrator Cestui que trust Law French (as a corpus and linguistic register) Receiver-General
CESSUREmain
Black's Law Dictionary • 1891
L. Fr. Kelham. A receiver; a bailiff.
CESSUREmain
Burrill's Law Dictionary • 1867
L. Fr. A receiver; a bailiff. Kelham. See Cesser.
CESSUREmain
Black's Law Dictionary (2nd Ed.) • 1910
L. Fr. A receiver; a bailiff. Kelham. C’EST ASCAVOIR. L. Fr. That is to say, or to-wit. Generally written as one word, cestascavoir, cestascavoire. O’est le crime qui fait la honte, et non pas echafaud. Fr. It is the offense which causes the shame, and not the scaffold. CESTUI, CESTUY. He. Used frequently in composition in law French phrases. —Cestui que trust. He who has a right to a beneficial interest in and out of an estate the legal title to which is vested in another. 2 Washb. Real Prop. 163. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. It has been proposed to substitute for this uncouth term the English word “beneficiary,” and the latter, though still far from universal] adopted, has come to be quite frequently used. It is equal in precision to the antiquated and unwieldy Norman pies and far better adapted to the genius of our language.—-Cestui que use. He for whose use and benefit lands or tenements are held by another. The cestus que use has the right to receive the profits and benefits of the estate, but the legal titla and posscssion (as well as the duty of defending the same) reside in the other.—Cestui que vie. He whose life is the measure of the duration of an estate. 1 Washb. Real Prop. 88. The person for whose life any lands, tenements, or hereditaments are held. Cestuy que doit inheriter al pére doit inheriter al fils. He who would have been heir to the father of the deceased shall also’ be heir of the son. Fitzh. Abr. “Descent,” 2; 2 B). Comm. 239, 250.

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