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damore) not to extend to the heir of one who
Page 31, 32
destroy the custom of copyhold lands in the
nature of gavelkind or borough-English.. ib.
fixed period, is not binding on persons be-
of a husband's consent on the face of the
render to the use of a will could have been
Thurlow in Pike & White, (reference to the
contrary custom not being found,] 212,213,0.
that a custom for the steward to prepare all
531 & n.
Fair; GUARDIAN; LEET; Lunatic; Pont-
the homage would tend to annihilate rights
unless claimed within a year and a day is
occupancy to copyholds is good 24,51
is within 2 & 3 Will. 4, c. 71, “ for short-
25, D., 523, n.
may be evidence of, but
gavelkind, &c., but others must be specially
ib., 32, 515
of a copyhold interest
right heirs” were only descriptio persona
but now see 3 & 4 Will. 4, c. 106, s. 2.. ib.
CUSTOMARY COURTS, Sec Court BARON,
holds, or Privileged Copyholds);
surrender and admittance, are on a fooling
83, n., 302, n.
tomarybolds were first mentioned in the bank-
565, 567, 572
where the custom required a bargain and
CUSTOMARY FREEHOLDS -- continued.
a special custom, held not 10 be an admit.
tance within the stamp act Page 575, n.
uses of a surrender of a customary estate,
was not within the statute of frauds .. 576
ration, or assignment of a trust within the
fered in the Common Pleas of customary
but the tenants have a customary freehold
interest, though not a freehold tenure . . 563
were incapable of voting at elections prior to
in respect of their customary estate, when
be observed in the mode of pleading 568
admitted in the lifetime of the grantor, is
24, 284, n., 568, n.
admittance, was not tolled by descent, 569, n.
not have been attested according to the sta-
268, n., 569
special, but not to general occupancy .. 570
ouster, except some peculiar species of de
forcement, as of dower .. Page 477
to the different species of ouster .. 477, 478
mainder-man, after determination of an estate
pur autre vie ; and by a devisee .. 478, 0.
on the possession of the demandant himself)
cases as to disallowance of costs in real ac-
following Rastell's ed. of the stats., made
the seizin of the ancestor, and not the death
considered an ancestor of the remainder-man
tion to corporations only, and not to a tenant
473, 483, &c.
cheat, in nature of a writ of right, lay for the
on the death of tenant in tail without heirs
inheritable, and there being no remainder, ib.
in fee in remainder or reversion died without
had the remedy of a formedon in the reverter
scent, or in remainder, had a peculiar writ of
ment by a stranger, upon the decease of the
483, 484, 1).
Jac. c. 16, to twenty years
the descender began to run when the title de.
CUSTOMARY PLAINTS ; if received, sem-
ble that the want of admittance would not
plaint of freebench) ib., 314, n., 473, n.
diction as to copyholds, the writ of accedas
their distinct heads of OUSTER, &c.] .. 474
ture of writs of entry or of assize 476
been enforced by an application to the Court
right was sixty years, if founded on the seizin
years would not have created a title, when
for many hundred years, and yet been reco-
cover land, limited to twenty years, but with
App. 1024, &c.
scended to the first heir in tail, unless he lay
have been adverse
App. 1028, &c.
don almost obsolete, the remedy by ejectment
stat. of Westm. 2 to tenants in tail, and for
the practice of common recoveries
might have had a writ of right de rutionubili
complicated as real suits at common law, ib.
ant to amend, confirmed by the cases of
the proceedings for irregularity, in conse-
cept in a case of fraud or where manifest in-
application to withdraw a demurrer, and
real actions, as well as after them ib.
relative claims of the demandant and tenant
estate sought to be recovered, but the rule
DAMAGES; on plaints in the lord's court, how
76, 77, 81, 489
82, n., 356, n.
ners] ; See LEET.
manor of Kettering, under a special custom,
54, &c., 86
tion is applicable only to the lands which
misable quality has been destroyed 14
tenancy escheating, and a purchase by the
from every course of descent Page 29
ancestor had been the purchaser 30, n.
being heir general
not sanctioned by the general rule of law, or
by purchase, when the two rights met, 43, 143
heir with an executory devise over, and to a
devise from the heir upon a contingency, ib.
43, n., 143, B.
44, n., 143, n., 295, n.
43, n., 143, a.
tomary descent as at common law ib.
29, 31, 32
tinued or broken extend to copyholds, but
borough-English or gavelkind, a younger
Page 15, n.
DEODAND; not specified among the manorial
righis excluded from the operation of 4 & 5
ing of the jury to as small a sum as possible,
a person being and not being within the age
a wheel of a carriage, or part of the loading
of it, is alone forfeited 645, 646, 647
645 & n.
is set by the coroner's inquest, and taken in
the death, a horse or carriage on or in which
the person is riding will not be forfeited, 646
which is the cause of death may belong ib.
occasioned by a fall from it 647, n.
(and see 3 & 4 Will. 4, c. 27, s. 39) 46
86, n., 377, n.
heirs, or his executors or administrators, for
TOM; Devise; ENCROACHMENT; GAVEL
DERELICT LANDS ; belong to the crown, but
lands imperceptibly added to demesnes by
32, 33, 666, n.
DESCENT; of copyholds is governed by the
rules of common law 27, 28, 29, 43
DETINUE; lies for heriots ..
heirs, and if he should die without leaving
there being no custom to intail Page 55, n.
ihe statute in p. 233, n.) 211, n., 233, n.
52, 125, n., 233, n.
138, n., 418, n.
by a general devise, although the words of a
after purchased lands would have passed
render made when sole 128, 129, 215, 267
general devise of all real estates wonld not
been raised, even in favour of creditors,
where there were freeholds 236, 238
from superadded words, such as " which I
construed as a mistaken afhrmation, and not
raised the presumption of passing unsur-
author to be irreconcilable with the case of
the Vice Chancellor
leaseholds from the operation of a general
holds of inheritance and leaseholds for years
render in favour of a power of sale 247
to sell, by the words “goods, chattels, estate
will pass copyholds, where the intention is
was held to pass the fee, decided on the ef-
of the actual existing interest 248, 249, n.
less a contrary intention appears 249, n.
pass a fee
both freehold and copyhold 239, n.
the effect of the word “estate,” &c. 250
on a devise of “messuages, lands," &c. for
plied from subsequent limitations ib.