Demise

Demise

Demise, in its original meaning, is an Anglo-Norman legal term (from French démettre, from Latin 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".

The phrase "demise of the crown" is used in English law to signify the immediate transfer of the sovereignty, with all its attributes and prerogatives, to the successor without any interregnum in accordance with the maxim "the Crown never dies". At common law the death of the sovereign eo facto dissolved Parliament, but this was abolished by the Representation of the People Act 1867, 51. Similarly the common law doctrine that all offices held under the crown determined at its demise has been reversed by the Demise of the Crown Act 1901.

Origin of word "demise"

The English word "demise" comes from the Latin word "demissio" (see, e.g., ex demissione), which comes from Latin "demittere," which is a compound of de + mittere, meaning "to send from".[1]

Through euphemism, "(a person's) demise" is often used as a stilted term for a person's death.

References

  1. ^ [1]

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  • demise — de·mise 1 /di mīz/ vt de·mised, de·mis·ing: to convey (possession of property) by will or lease the demised premises demise 2 n [Anglo French, from feminine past participle of demettre to convey by lease, from Old French, to put down, give up,… …   Law dictionary

  • Demise — De*mise , n. [F. d[ e]mettre, p. p. d[ e]mis, d[ e]mise, to put away, lay down; pref. d[ e] (L. de or dis ) + mettre to put, place, lay, fr. L. mittere to send. See {Mission}, and cf. {Dismiss}, {Demit}.] 1. Transmission by formal act or… …   The Collaborative International Dictionary of English

  • Demise — De*mise , v. t. [imp. & p. p. {Demised}; p. pr. & vb. n. {Demising}.] 1. To transfer or transmit by succession or inheritance; to grant or bestow by will; to bequeath. Power to demise my lands. Swift. [1913 Webster] What honor Canst thou demise… …   The Collaborative International Dictionary of English

  • demise — mid 15c., from M.Fr. demise, fem. pp. of démettre dismiss, put away, from des away (from L. dis ) + M.Fr. mettre put, from L. mittere let go, send (see MISSION (Cf. mission)). Originally transfer of estate by will, meaning extended 1754 to death …   Etymology dictionary

  • demise — [dē mīz′, dimīz′] n. [Fr démise, fem. pp. of OFr démettre, to dismiss, put away < L demittere: see DEMIT] 1. Law a transfer of an estate by lease, esp. for a fixed period 2. the transfer of sovereignty by death or abdication 3. a ceasing to… …   English World dictionary

  • demise — *death, decease, passing …   New Dictionary of Synonyms

  • demise — [n] fate, usually death annihilation, collapse, curtains, decease, departure, dissolution, downfall, dying, end, ending, expiration, extinction, failure, fall, final thrill*, last out*, last roundup*, lights out*, number’s up*, passing, quietus,… …   New thesaurus

  • demise — ► NOUN 1) a person s death. 2) the end or failure of something. ORIGIN Old French, from Latin dimittere send away …   English terms dictionary

  • demise — I v. To convey or create an estate for years or life. To lease; to bequeath or transmit by succession or inheritance II n. A conveyance of an estate to another for life, for years, or at will (most commonly for years); a lease. Originally a… …   Black's law dictionary

  • demise — I v. To convey or create an estate for years or life. To lease; to bequeath or transmit by succession or inheritance II n. A conveyance of an estate to another for life, for years, or at will (most commonly for years); a lease. Originally a… …   Black's law dictionary

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