CESSET EXECUTIO

189

CESTUI QUE VIE

CESSET EXECUTIO. (Let execution

stay.) In practice. A stay of execution;
or an order for such stay; the entry of such
stay on record. 2 Tidd, Pr. 1104.

fs of two kinds, either voluntary or compulsory, (judiciaire,) corresponding very nearly

to liquidation by arrangementand bankruptcy in English and American law.

CE SSE T PROCESSUS. (Let process

stay.) A stay of proceedings entered on the
record.

CESSION OF GOODS. The surrender

of property; the relinquishment that a debtor makes of all his property to bis creditors,
when he finds himself unal>le to pay his
debts. Ci vii Code La. art. 2170.

CESSIO. Lat. A cession; a giving up,

or relinquishment; a surrender; an assign
ment.
CESSIO BONORUM. Jn Roman law.
Cession of goods. A surrender, relinquish
ment, or assignment of all his property and
effects made by an insolvent debtor for the
benefit of his creditors. The effect of this voluntary action on the debtor's part was to secure him against imprisonment or any bodily
punishment, and from infamy, and to cancel
bis debts to the extent of the property cetled.
It much resembled our voluntary bankruptcy
or assignment for creditors. 'rhe term is
commonly employed in modern continenlal
jurisprudence to designate a bankrupt's assignment of property to be distributed among
his creditors, and is used in the same sense
by some English and American writers, but
here rather as a convenient than as a strictly
technical term. See 2 Bl. Comm. 473; 1
Kent, Comm . 247,422; Ersk. Inst. 4, 3, 26.
CESSIO IN JURE. In Roman law. A
fictitious suit, in which the person who w:.s
to acquire the thing claimed ( vindicabat) ihe
thing as his own, ~he pcr.:ion. who was to
transfer it acknowledged the justice oE the
claim. and the magh;Lrate pronounced it to
be the property (a<ldicebat) of the claimant.
Sandars' Just. Inst. (5th Ed.) 89, 122.
CESSION. The act of ceding; a yielding or giving up; surrender; relinquishment
of property or rights.
In t he civil law. An assignment. The
act uy which a party transfers propmty to
another. The 11urrender or assignment of
property for the benefit of one's crcditors.
In ecclesiastical law. A giving up or
vacating a ueneOce. by accepting another
without a proper dispensation. 1 Bl. Comm.
392; Latch, 234.
In public law. The assignment, transfer, or yielding up of territory by one state
or government to another.
CESSION DES BIENS. In French
law. The surrender which a debtor makes
of all his goods to bis creditors, when he
finds himself in insolvent circumstances. It

CESSIONARY. In Scotch law.

signee. .Bell.

An as-

CESSIONARY BANKRUPT. One who

gives up his estate to be divided among hia
creditors.
CESSMENT.

An assessment, or tax.

CESSOR. One who ceases or neglects so

long to perform a duty that he thereby incurs
the danger of the law. 0. N. B. 136.

CESSURE. L. Fr. A receiver; a bailiff.

Kelham.
C'EST ASCAVOIR. L. Fr. That ls to
say, or to-wit. Generally written as one
word, cesta~cavoir, cestascavoire.
C'est le crime qui fait la honte, et non
pas l'echafaud. It is the offense which
causes the shame, and not the scaffold.
CESTUI, CESTUY. He. Used freq nently in composition in law French
phrases.
CESTUI QUE TRUST. He who has a
right to a beneficial interest in and out of an
estate tha legal title to which is vested in another. 2 Washb. Real Prop. 163.
The person who possesses the equitable
right to property and receives ihe rents, issues, and profits thereof, the legal estate of
which is vested in a trustee.
It bas been proposed to substitute for this nncouth term the English word "beneficiary," and
the latter, though still far from universally adopted, bas come to be quite frequently used. It is
equal in precision to the antiquated and unwioldy
Norman phrase. and far better adapted to the genius of our language.

CESTUI QUE USE. He for whose use

and ben~fit lands or tenements are held by
another. The ceslui qt'e use has the right to
receive the profits and benefits of the estate,
but the legal title anti possession (as well as
the duty of defending the same) reside in the
other.
CESTUI QUE VIE. He whose life ls
the measure of the duration of an estate.
1 Wasbb. RPal Prop. 88.

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