Слике страница
PDF
ePub
[ocr errors]

ATTAINDER- continued.
lands are no longer forfeited by the attainder of

a trustee or mortgagee Page 634, n.
See FORFEITURE.
ATTORNEY; surrender by. See SURRENDER.

admittance by. See ADMITTANCE.
might have been appointed for the purpose of
suffering a recovery as of common right,

67, 292
femes covert authorized by act of parliament to

have suffered a recovery by attorney 66, 67
ATTORNEY, POWER OF. See SURRENDER.
ATTORNMENT; unnecessary as to copyholds,
even before 4 Ann

82, n.
on executing a precept to seize, the bailiff should

require the occupier to attorn tenant to the
lord

· App. 828
AULA (HAULA or HALLA); the usual ap-
pendage of a manor

678, n.
AULA REGIA (AULA REGIS) establishment

and nature of the court .. 678, 679
AVERMENT. See EVIDENCE; PLEADING.
AVOWRY; on the heir is an implied admit-
tance

311
for rent of copyholder is good 366, 367

See HERIOTS; SERCICES.
AWARD; is considered as evidence of title rather

than constiluting title; and see Greathead v.
Morley, 3 Scott, N.S. 246

21, 22
a case where an allotment was held to pass by
a conveyance, though the award not executed,

21, n.
AYLE (or de aro); plaint in nature of (now
abolished)

.. 479

BANKRUPTCY-continued.
powers given to bankrupt are exercisable by the
commissioners

Page 141, p., 304
freehold estates of bankrupt vest in assignees

by their appointment (6 Geo. 4, c. 16, 1 &
2 Will. 4, c. 56, s. 26)

83, n.
assignees cannot enforce a contract after com-

mission is superseded, though re-chosen under

a second commission 206, n., 301, n.
even before the late acts a double fine might

have been saved by the commissioners ex-
cepting copyholds out of the bargain and sale,
and conveying immediately to a purchaser,

301
exception taken in equity to such a conveyance
over-ruled

ib.
semble that in a country fiat, the powers of 1 &

2 Will. 4, c. 56, could not have been exer-

cised by one only of the commissioners 304
admittance not necessary either of commissioners
or assignees

ib.
consequently no fine accrues to the lord.. 350
but in case of a bankrupt's death, and delay of

a purchaser's admittance, the lord may seize
quousque

ib.
reference to 3 & 4 Will. 4, c. 47, authorizing

the king to give further powers to the judges
of the Court of Bankruptcy; and enabling
one or more of the judges, by warrant, to
exercise the powers given by 1 & 2 Will. 4,
c. 56, to any three of them

990, n.
right to bring real action held to pass to as.
signees by the bargain and sale

478, n.
not a necessary party to a bill of foreclosure, an

equity of redemption being potentially vested
in the assignees, even without a bargain and
sale

304, n.
See the 12 and 13 sections of 2 Vict. c. 11,

For the better protection of Purchasers
against Judgments, Crown Debts, Lis
pendens, and Fiats in Bankruptcy,” in the
Appendix

990
Et vide 2 & 3 Vict. c. 29, “ For the better

protection of Parties dealing with Persons
liable to the Bankrupt Laws,” also in the
Appendix

.. 994
See ADMITTANCE; FINE ON ADMITTANCE ;

HERIOTS; SURRENDER.

[ocr errors]

ib.

BARN. See WASTE.

BARON'S MOTE, or Moot Courts .. 675, n.

B.
BAILIFF; of customary courts and courts baron,

his office and how to be appointed 122
semble that he may act by deputy

of courts leet. See LEET; ATTORNMENT.
BAILIWICK; not grantable by copy .. 104
BANKRUPTCY; the commissioners may con-
vey a fee conditional after bankrupt's death,

64, n.
an estate tail was divested by the common bar-
gain and sale

64, 65, n.
if bankrupt die after adjudication, the com-
missioners may proceed as if he were living,

65, n.
and by 3 & 4 Will. 4, c. 74, s. 65, the com-

missioners under a fiat may, in the cases
therein mentioned, convey any lands of which

a deceased bankrupt was tenant in tail
an exception shown to the rule that there is no

division of a day
surrender supplied against assignees, 205, 206
conveyance by the commissioners under 6 Geo.
4, c. 16

302, &c.
power of commissioners over copyholds vested

ib.

BARONES MAJORES, nature of these dig-
BARONES MINORES, S nities, and their par-
liamentary distinctions

600, 601, n.,

679
BARON AND FEME. See ADMITTANCE ;

Fines; Heriots ; SURRENDER.
an appointment by them of an attorney to sur-

render the wife's copyhold to a tenant to the
plaini, was valid in law, as the act of the
husband, even prior to 47 Geo.3, sess. 2, c. 8

66, 67, n., 127, n.
the husband's consent required by the custom

to be expressed in the surrender and admis-
sion, would not be presumed

131
reference to s. 91 of 3 & 4 Will. 4, c. 74, em-

in a bankrupt for an estate tail, 64, 65, 302, n.
distinction as to inrolment of bargain and sale

under 13 Eliz, and 21 Jac. . 83, n.

powering the Court of Common Pleas to
dispense with the husband's concurrence,
208, 217, &c.

App. 989

[ocr errors]

BARON AND FEME-continued.

when incapacitated by lunacy, &c., or sepa-

rated from his wife Puge 133, 134, n.
husband is to perform the services to the lord,
with the exception of sealty

364
under a surrender or devise to them and their

heirs, they take by entireties, and the husband
alone cannot surrender, 135, 136, 407,

408, n., 417
effect of purchase by baron in their joint names,

412
effect of conveyance to them of the freehold
when joint copyholders under stat. 11 H. 7,

. 86, n.
See Curtesy; Custom ; FEME Covert.

c. 20

BOUNDARIES—continued.
an aacient presentment of the homage setting

out boundaries of a manor, though mutilated,
deemed evidence of the reputed boundary,

Page 492, 493
the finding by commissioners of boundaries

deemed admissible evidence in a question
between the lord of one of two manors, and
the lord of an adjoining manor, and the fer-
dict, though not strictly evidence of reputa.
tion, yet admissible as a record of proceedings
of a public nature

492
it is the duty of the lenant to keep the boun-
daries

534, 0.
the provisions of 2 & 3 Will. 4, c, 80, as to the

identification of lands of ecclesiastical corpo-
rations, embodied in the Commutation and

Enfranchisement Act ib. App. 1021
The 94 sect, of 10 Geo. 4, c. 50, relatiog to

crown lands, provides for settling by arbitra.
tion any disputes as to the boundaries of

lands to which the act relates
See Courts Of Equity.
BRICK EARTH; in the absence of a special

custom, the lord not compellable by manda.
mus to grant a licence to dig brick earth, or
to do any other act amounting to waste, 458,

..

BASE FEE; is created by the disposition of
tenant in tail alone

57, n.
the 3 & 4 Will. 4, c. 74 (for abolishing fines

and recoveries) contains a power to enlarge
a base fee

ib.
reference to extracts from the act in the Ap-
pendix ..

ib.
a disposition for the purpose of the enlargement,

may be made by any person who would have
become tenant in tail in possession 65, n.

App. 1007

BATHING in the Sea. See SEASHORE.

532, 533

BURGH-GEMOT (or BURGE-MOTE). See

FOLC-GEMOT.
BY-LAWS may be binding on copyholders

626, n.
See Court BAROX; Leet.

BESAYLE (or de proavo), plaint in nature of,
(abolished)

479
BISHOPS; reference to a grant of escheated

copyholds during the vacancy of a see, 92, n.
admitiance by a newly appointed bishop during

the vacancy is good, 97, n., 283, n., 454, n.
the temporalities of a see during vacancy belong
to the king, and are not within 28 H. 8, c. 11,

454, n.
so therefore heriots, but doubtful whether there
is any legal remedy

ib.
archbishops and bishops enabled by 2 & 3 Vict.

c. 18, io raise money on mortgage of their

sees for providing fit residences. App. 981
BONA FUGITIVORUM. See WAIF. 651

[blocks in formation]
[ocr errors]
[blocks in formation]
[blocks in formation]

566

[ocr errors]

CESSAVIT, writ of
CESTUI QUE TRUSTS, See Game; MANOR.
CESTUI QUE VIES; do not take an interest

without a custom
admittance of, will not extend the grant, 101,

BOROUGH ENGLISH ; customs of, are no-
ticed by the law

26
by 4 & 5 Vict. c. 35, the customary descent

abolished as to copyhold lands of that tenure
included in any commutation agreement, but
still to be held by copy of court roll, and 10
be conveyed as before

27, n.
the tenure is within the rule that equity will
sometimes supply a surrender

220
See DESCENT; Escheat; GAVELKIND.

99

313

[ocr errors]
[ocr errors][merged small]

BORSHOLDER. See LEET.
BOTE, a Saxon word signifying amercement,

621, n.

CHARITY. See MORTMAIN.

BOTES. See EsTOVERS,

CHASE. See FREE CHASE.
CHILDREN, a surrender will be supplied for

BOUNDARY (of manor and lands);
on a question as to the boundary of two manors,

subject to an award, the verdict received, but
the award rejected

492

CHOSES IN ACTION. See FeLO DE SE.

CHURCHWARDENS; copyholds are not with-

in the 17 sect. of 59 Geo. 3, c. 12, prescribing
the mode of conveying, &c., buildings and
land purchased or hired for the purposes of
that act

Page 85, n., 202

..

COMMON--continued.
but the number is sometimes proportioned to
the quantity of land

Page 523, n.
when the right may be claimed by prescription,
and when not

523, 524
common for cattle levant and couchant cannot

be used with the cattle of a stranger, except
when hired by or yielding nurture to the
family of the commoner

524
cannot be claimed in respect of inhabitancy, ib.
observations on the right sometimes claimed by

copyholders of taking gravel, &c., from the

wastes
the right, even with usage, is confined to ne-

cessary consumption and repairs upon ancient

copyholds
the case of Peppin & Shakespear

523
See ENFRANCHISEMENT; Evidence; PLEAD-

ING; PRESCRIPTION ; WASTE LANDS.
COMMON OF PISCARY. See Free Fish.

ib.

ib.

ERY.

[ocr errors]

COMMON FINE. See CERT-Money.

COMMUTATION AND ENFRANCHISE-

MENT ACT (4 & 5 Vict. c. 35); refer-
ences to its provisions, 5, 23, 26, 27, 102,

103, 109, 114, 115, 117, 222, 283, 284,
287,315, 316, 365, 368, 369, 392, 419,
433, 519, 534, 550, 551, 561,575, 603,
612,617,618,631, 638, 643, 647,649,
651, 655, 656, 660, in notes.
799, 800, 817 to 826, 1021, n., 1072,

App:

et seq.

[ocr errors]

COMMISSION TO SET OUT BOUNDA.

RIES, &c. See Courts of Equity,
COMMON; may be granted by copy 104
common pur cause de vicinage cannot be

claimed over open adjoining downs, the ex-
clusive property of the owner, although no
boundary fence

518, n.
right of, may be subservient to the right of the
lord to make grants of the waste with the
consent of the homage

518
or to dig pits

26,519
but the lord could not exercise such a right
wantonly

519
and the courts will not presume an original

right in the lord wholly to destroy the com-
monage

519, 520
the courts require clear evidence to support the
lord's partial rights

520
these rights are distinct from the lord's privi.

lege of approving against common of pasture
under the stat. of Merton

519
the privilege extends to persons seised in fee of
part of the waste

ib.
the lord must show that there is sufficiency of
common left

ib., n.
equity will direct an issue to try the question,

ib.
the lord cannot inclose even by custom, except
with the assent of the homage

ib.
but equily, under circumstances, would proba-

bly interpose to prevent buildings from being
pulled down

520
if the lord leave sufficient common, he

may
open mines, dig brick earth, and plant trees,

ib.
the lord may approve against common of pas-

ture, even if there is common of turbary on
the same waste

521
what therefore the tenant must in such a case
show

ib.
after being inclosed for a great number of years,
a common cannot be thrown open

520, n.
contra as to an inclosure in a forest

ib.
a commoner assenting to an inclosure is con-

cluded, but not expressing a dissent does not
bar his right of action

ib.
a commoner may enter forcibly if wholly ex-
cluded

521
and may remove the whole of the fences, if
erected on the commonable land

CONDITION; the mode of entering perform-
ance on Court Rolls

194
is saved by tender

195
may be released after admittance

[ocr errors]

ib.
but if the right is abridged only, by trees being

planted, or the like, the remedy is action on
ihe case, or assise

521, 522
in which the commoner must show the insuffi-
ciency of common

522
the remedy by commoners as against strangers

and each other
the lord cannot distrain for surcharge, where

there is a colour of right
when the right is not stinted, levancy and cou.
chancy is the measure

523, n.
the meaning of levancy and couchancy, ac-
cording to a recent case

ib.
VOL. II.

ib,
See CopyHOLDS; Trust Estates.
CONSTABLE; election of a chief constable for
a wapentake held to be void

714, n.
reference to 2 & 3 Vict, c. 93, and 3 & 4 Vict.

c. 88, for establishing county and district
constables

ib,
See LEET.
CONTINGENT INTERESTS ; may be devised

under 1 Vict. c, 26, s. 3. See Devise.
may be disposed of by deed under 8 & 9 Vict.
c. 106, s. 6

401, n., App. 1130
CONTINGENT REMAINDERS; are by 8 &

9 Vict. c. 106, s. 8, (which repealed 7 & 8
Vict. c. 76, referred to pp. 23, n., 86, 138, n.,
196, n.,) capable of taking effect, notwith-
standing the determination of any preceding
estate of freehold

402, n., App. 1130
were supported by the freehold in the lord, 401,

&c., 426
the reasoning attacked by Mr. Watkins.. 402
effect of expiration or forfeiture of particular

estate before the happening of the contin-
gency

ib., &c.
it was expedient to insert a trust to preserve

contingent remainders in copyhold settle-
ments

404, 405
but semble that the lord is not bound to accept

a surrender which would defeat his right of
entry for a forfeiture

405
TT

ih.

ib.

.. 342

upon them

COPYHOLDS-continued.
should be excepted out of the usual power of

leasing in settlements of manors Page 16
when purchased by a lord who is tenant for

life, 'should be surrendered to a trustee, or
re-granted immediately

35
so also when the lord is seised in fee, with an
executory devise over

36
are descendible by custom only

43
and the descent is guided by the rules of com.
mon law

27, 28, 29, 43
not affected by collateral qualities at common

law, having no relation to descent, except by
custom

46
formerly not affected by an extent, except as to
a lease with licence

. 48
and except perhaps by custom
therefore a judgment was not formerly a lien

48
nor are they seizable on outlawry

ib.
formerly were not assets for specialty debts, nor
even for debts of the crown

ib., 535
are expressly within the statute of limitation,
3 & 4 Will. 4, c. 27

82, n.
expressly held to be within the statute of fraudu-
lent conveyances

83, n., 202, n.
by 3 & 4 Will. 4, c. 104, are made assets both
for simple contract and specialty debts, 48,

90, nQ, 540, n., 571, n, App. 1067
by 1 & 2 Vict. c. 110, are extendible, 47, 48,

301, n., 342, n., 535, n., 571, n.
by 3 & 4 Will. 4, c. 42, an action of debt for a
fine on admission limited to six years, 82, 1.,

89, 0.
and are within the rules in equity for marshal.
ling assets

49, 276, n., 282, 535
the case of Robinson & Tonge over-ruled 50
under a mortgage of freeholds, with covenant

to surrender copyholds, both estates are pri-

marily mortgaged
may be sequestered
a general occupancy of, is not allowed 50
but a special occupancy is

51
after escheat, forfeiture or extinguishment, may
be re-granted by copy

.. 15, 98, 548
but not if the lord create a common law interest,

14, 15, 98
whether there is any distinction between es.
cheat and purchase in this respect, 16, 545,

546, 548, 549
lease by the king is an exception to the rule,
the grantee will hold discharged of the dower

of the wife of grantor, and of his statutes, &c.
of inheritance and for lives sometimes exist in

the same manor
a remainder in fee cannot be created in the latter,

ib.
48, 535

15, n., 98

98, 546

CONTINGENT REMAINDERS-continued.
a surrender on condition to perform the will of

surrenderor, would vest an estate in the dor.
mant surrenderee sufficient to support,

Page 402, n.
CONTINUAL CLAIM; not applicable to
copyholds

474, n.
no longer preserves a right, even as to freeholds,

ib.
CONTRACT. See Agreement.
CONTRIBUTION; as between devisees of es.

tates mortgaged or charged by the will with
the testator's debts

50
of suit, cannot be compelled by copyholders,

86, 365
See Suit of Court (tit. Court Baron).
COPARCENERS; effect of partition by par-
ceners of a manor

7, 14
one admission to copyholds suffices for all,

296, 297
and they may claim to be admitted by one copy,

297
may release to each other

ib.
whether by being admitted separately they

become tenants in common 377, 378
survivors can only take by descent, and subject
therefore to admission

297
admission is necessary also on a surrender by
one coparcener to another

ib.
what fines are payable by

348
the services due from

362, 365
what heriots are payable by

. 377
the case of Garland & Jekyll
whether they could have made partition without
licence

87, n., 457, n.
See EJECTMENT; STEWARD'S FEES; Relief

(tit. Court Baron).
COPIES OF COURT ROLL, deposit of,
creates an equitable lien

.. 206
See EVIDENCE.
COPYHOLDER; has an estate at will only in
judgment of law

43
is not liable to an action for refusing to take a
surrender

126
if ousted by the lord, may maintain trespass, or

ejectment, or even indict the lord, 314, 473, n.
whether a writ of right would have lain against
the lord

314, 485, n.
may bring trespass against him for cutting down

trees, when by custom they belong to the
must plead and be impleaded for his lands in
the lord's court

ib., 473
See CopyholDS; Devise; Incapacity.
COPYHOLDS; origin and antiquity of .. 37
a third part of England supposed by Lord Coke
to be copyhold

ib., n.
cannot now be created

2, 3, 16, 17
except of wastes by immemorial custom, 17, 19
are parcel of the demesnes of a manor .. 14
when separated from the manor, and the de-

misable quality destroyed, can never reunite
with it

ib,
what is and is not a destruction 14, 15
how to be conveyed after severance 14

.. 378

tenant

100

ib.

[blocks in formation]
[ocr errors]

ib.

COPYHOLDS-continued.

nor the old statutes of wills Page 88, 212, n.
what other statutes they are not within, 86, &c.
by 1 Vict. c. 26, are devisable without a sur-
render to will, and before admittance (s. 3),
211, 233, 266, 268, 293, 480, 35, 576, in

notes
and the right extends to estates pur autre vie,

125, n.
but they may still be surrendered to uses to be

declared by will, the will being executed
according to the statute of 1 Vict. c. 26,

480, n.
by that statute they pass under a general devise
[s. 26]

236, n., 246, n.
See CUSTOMARYHOLDS; Devise; Grant;

STATUTES; Will.
CORONER; is in some cases the representative
of the sheriff in real actions

630, n.
See DEODAND; Felo DE SE; TREASURE

TROVE.
CORPORATIONS; whether a corporation can
hold copybolds

108
the use of the word “successors” in a convey.
ance to a corporation sole

108, n.
sole or aggregate, are liable to indemnify the

lord in respect of any loss by reason of the
acquisition of lands which are subject to

seignioral rights, as fines, forfeitures, &c. ib.
See Heriots; BOUNDARIES.

602

[ocr errors]

CORRUPTION OF BLOOD. See FORFEI-

TURE.

COSINAGE, writ of (tit. Customary Plaints),

479

COURT BARON-continued.

for what purpose it was ordained Page 601
cannot hold pleas of any matter of the value of
40s.

ib.
nor award a capias

ib. n., 628
except by charter or prescription, as in the
court of the castle of Dover

601, n.
account does pot lie in court baron

602
nor trespass vi et armis

ib.
is said to have had exclusive conusance ori-

ginally of all pleas of land, by writ of right
patent

ib.
yei it never could try an issue by the great

assize, but by wager of battel only ib.
prohibition lay if issue was joined on the great

assize, or foreign plea was pleaded
appeals of murder and trial by battel abolished,

ib. n.
by prescription may have jurisdiction to grant

probate and administration
the Honor of Knaresborough is a peculiar, ib. n.
may be held at any place within the manor, 602
void if held out of the manor, except by custom,

ib., 603
the proper notice to be given

603
frequently held with the court leet, and then

the acts are referred to the court to which
they apply

ib.
proceedings of court baron and customary court
may be entered on the same roll

ib.
was anciently kept once in every three weeks,

ib.
is now more generally held once a year ib.
the suitors not compellable to attend more

frequently, except for special cause, or by
custom

ib.
may be held even at night, 5, 603, n.
freehold tenants alone are the suitors 603
is lost if there are not two suitors 6, 604
and by custom in the manor of Dymock there
must be three

604, n.
whether there must not be more than two, so

that each tenant may be tried by his peers, ib.
semble that suitors could not be created by a

conveyance of part of the demesnes at this
day

604
whether a conveyance by one of two free suitors

to a corporate body is not a suspension only

of the suit
whether on a conveyance by the only free suitor

of part of his land to another, the right to
hold a court would revive

ib.
the suitors are the judges in the court baron,
even in a real action

4, 605
therefore action of debt lies for the lord himself,

605, n.
may by prescription be held before the steward,

605
the steward is a constituent part of the court,

and not a mere ministerial officer ib.
the case of Holroyd v. Breare & Holmes ib.
whetber or not a mandamus will lie to restore a
steward to his office

607
semble that the Court of B. R. will not grant

[ocr errors]

COTTAGES; copyholds are not within the sta-
tute of 31 Eliz, c. 7

88
reference to the statute, 88, n., 733, App. 1179
COVENANT; to surrender cannot be taken
notice of by the lord

211, 292
to extend a demise does not operate as a lease,

and is not therefore a forfeiture 437, 438
is placed on a footing with a bond, as regards
devisees of land, by 1 Will. 4, c. 47, App.

838
cannot be maintained by a lessee against the
executor of a tenant for life

547, n.
See AGREEMENT.
COUNTY COURT. See Leet.

ib.

[ocr errors]
[merged small][ocr errors]

COURT BARON.

S. 1. Common Law.
style of the court

600, n.
derivation of Court Baron

ib.
is not a court of record 600, 601, 628
except by charter

601, n.
is incident to every manor
therefore is not lost because no court has been
holden within memory

..

an information in nature of quo warranto in

the case of a court baron
grant for life of the stewardship of a manor, and
the courts, is good

608
semble that an infant being of years of discretion
may preside in court baron

609
TT 2

4, 601

601, n.
nor is the court lost as to pleas, by non-user
for near fifty years

602
is incapable of severance, except in case of the
king

601
profits of court may be excepted even by a
common person

ib., n.

608, n.

« ПретходнаНастави »