Emphyteusis

In Civil Law. The name of a contract, in the nature of a perpetual lease, by which the owner of an uncultivated piece of land granted it to another, either in perpetuity or for a long time, on condition that he should improve it, by building on, planting, or cultivating it, and should pay for it an annual rent, with a right to the grantee to alienate it, or transmit it by descent to his heirs, and under a condition that the grantor should never re-enter as long as the rent should be paid to him by the grantee or his assigns. Inst 3, 25, 3; 18 Toullier, n. 144.

emphyteosis, emphi^eosis, gr.-l.

In the civil law. An improving lease; a contract by which houses or lands were given to be possessed for ever, for a long time, on condition that the land should be improved, and that a small yearly rent should be paid to the proprietor.

An estate in land, under the Roman law, analogous to a feefarm, or perpetual lease, in English law. It gave the occupant, or his transferee, a perpetual lease, conditioned upon payment of rent, and, perhaps, improvement of the land. Whence emphyteutic.'*

A species which the tenant paid ship of the land, like a Emprompter,y7-. To Emptio et venditio, I. chaser. Emptor emit dit quam ma^mo seller sells for as much, En,/r. In; into. En En in v. Corporation. A writ of execution given- on judgcommanding the sheriif to dehver all and chattels, except beasts of the plough, these were not sufficient, a moiety of the hold until the debt was satisfied. The possession of the lands as tenant by had his choice {elegit) of this writ or fieri the defendant's goods only. to name a jury, in lieu of the sheriff or objected to.

Emphyteom, Emphiteosis. Lat. [from Qr. i^gpvT«^a*ff, from ifupvxe<)sip, to plant, or improve land.] In the ciyil law. An improving lease; a contract (of the class termed consensual,) by which houses or lands are given to be possessed forever, (perpetuo frtienda traduntur), or, at least, for a long time, upon condition that the land sha]! be improved, and that a small yearly rent or pension, {pensio sive redditns,) shall be paid to the proprietor. InsL 3. 25. 3. Cooper's Notes, in ioc, Hallifax AnaL b. 2, ch. 18, num. 9. It is distinguished both from the contract of sale, and the contract of hiring, and rests on its own peculiar covenants. Inst, ub, sup. Calv, Lex. Jurid, It resembles the fee farm and copyhold estates of the English law. See Emphyteuta. The right granted by such a contract, {Jus emphyteuticum, or emphyteuticarium,) The real right by which a person is entitled to enjoy another's estate as if it were his own, and to dispose of its substance, as far as can be done without deteriorating it. 1 Mackeld. Civ, Law, 357, § 324.