FEE. A reward or wages given to one for the execution of his office, or for professional services, as those of a counsellor or physician. Cowell.
Fees differ from costs in this, that the former are, as above mentioned, a recompense to the officer for his services; and the latter, an indemnification to the party for money laid out and expended in his suit ; Musser v. Good, 11 S. & R. (Pa.) 248. See Lyon v. McManus, 4 Binn. (Pa.) 167. Fees are synonymous with charges; McPhetere v. Morrill, 66 Me. 124.
See CHAMPERTY ; ETHICS, 'LEGAL; ATTORNEY.
That which is held of some superior on condition of rendering him services.
A fee is defined by Spelman (Feuds, c. 1) as the right which the tenant or vassal has to the use of lands while the absolute property remains in a su perior. But this early and strict meaning of tht word speedily passed into its modern signification of an estate of inheritance; 2 Bla. Corn. 106 ; Cow-' ell; Termes de la Ley; 1 Washb. R. P. 51; Litt. 1 b; 1 Prest. Est. 420 ; 3 Kent, 514. The term may be used of other property as well as lands:' Old Nat Brev. 41.
The term is generally, used to denote as well the land itself so held, as the estate In the land, which seems to he Its stricter meaning. Wright, Ten. 19, 49 ; Cowell. The word fee is explained to signify
that the land or other subject of property belongs to its owner, and is transmissible, in the case of an individual, to those whom the law appoints to suc ceed him, under the appellation of heirs; and, in the case of corporate bodies, to those who • are to take on themselves the corporate function, and, from the manner in which the body is to be con tinued, are denominated successors ; 1 Co. Litt. 271 b; Wright, Ten. 147, 150 ; 2 Bla. Corn. 104, 106.
The compass or circuit of a manor or lord ship. Cowell.
A fee-simple is an estate limited to a man and his heirs absolutely. See A fee-tail is one limited to particular class es of heirs. See A determinable fee is one which is liable to be determined, but which may continue forever. See DETERMINABLE FEE.
A qualified fee is an interest given to a man and certain of his heirs at the time of its limitation. See QUALIFIED FEE; Kelso v. Stigar, 75 Md. 397, 24 Atl. 18.
A conditional fee includes one that is ei ther to commence or determine on some con-1 dition ; 10 Co. 95 b; Prest. Est. 476 ; Fearne, Cont. Rein. 9. See CONDITIONS; CASE, RULE IN.