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INCORPOREAL HEREDITAMENTS; are

sometimes granted by copy
INCUMBRANCE; payment of, by a tenant

for life, or by tenant in fee with an executory
devise over, is for the benefit of his personal
representatives

36, n.
so also by tenant in tail in remainder ib.

contra by tenant in tail in possession ib.
INFANT ; further observations on 11 Geo. 4 &

1 Will. 4, c. 60, authorizing infant trustees
to convey

84, n.
the courts of an infant lord should be held in

the name of the socage guardian, until the

infant attains fourteen 91, n., 398, n.
may be a copyholder

108
is not bound by a surrender except by custom

137
surrender by, if not prejudicial to him, though

for the benefit of others, is voidable only, 137
as to powers exercisable by

131, n.
cannot execute a power, when coupled with an
interest

137
wben conveyances by infants are good, and
when not ..

130, 131, & n.
by s. 7 of 1 Vict. c. 26, the will of a person

under twenty-one is not valid 233, n.
is not bound by a custom to seize as forfeited

after proclamations 24, 288, 397, 445
how to be admitted

289, 341, 397
how the fine on admittance is recoverable

289, 341, 356, 397, 398
what services he is to perform 361, 398

See GUARDIAN; TRUSTEE ; SURRENDER.
INFORMATION. See Quo WARRANTO.

INSOLVENT DEBTORS--continued.
reference to 19th sect. of 7 Geo. 4, c. 57, pre-

venting an avoidance of acts under the first
conveyance by relation ; and requiring the
conveyance to provisional assignee, and coun-
terpart of his conveyance 10 general as.
signees, to be filed of record in Insolvent
Debtors' Court, and making a certified copy
evidence of the conveyance

Page 307, n.
under 11th and 20th sects. of 7 Geo. 4, legal

seizin was in the assignee, and entry of the
assignment on the rolls not essential, except
as regarded the derivative title of a pur-
chaser

ib.
analogy of 20th sect. of 7-Geo. 4, to the com-

pounding clause in bankrupt act of 6 Geo. 4,
c. 16, [s. 69]

ib.
reference to 1 & 2 Vict. c. 110; repealing the

provisions of the acts of 7 Geo. & 1
Will.4, as to the conveyance of copybold and
customary estates, and vesting such property
in the provisional assignee, (a certified copy
of the order for that purpose, and of the ap-
pointment of the general assignee being en-
tered on the court rolls,) and creating a
power in the general assignee to surrender to
a purchaser 141, n., 308, 351, n., App.

754, 1001, et seq.
INTERESSE TERMINI. See HERIOTS.

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INHABITANT; the term may receive its inter-
pretation from usage

686, n.

JETSAM. See WRECK.

INHABITANTS.

TION.

See COMMON; PRESCRIP-

125, 0.,

..

INJUNCTION. See Courts of Equity.
INQUEST; of the concealments of other inquests
abolished

721, n.

INSOLVENT DEBTORS; how their copy-

holds are to be passed 141, 305, &c.
semble, that by 53 Geo. 3, c. 102, the legal

customary estate continued in the insolvent
until his surrender pursuant to an order
under 11th and 18th sects.

305, n.
admittance was not necessary either of the

provisional or general assignee .. 307, 308
consequently no fine accrued to the lord

350,351
provisional assignee may of his own authority
sue in ejectment

306, n.
assignee may recover purchase money paid

JOINT TENANTS ; a release or surrender by
one to another operates as a severance

139
effect of release by one of several, to his com-
panions

139
and by one of two only to his companion, ib., n.
a surrender to will, or to a stranger on con-

for the use of the insolvent subsequently
to his discharge, though the contract was
before he went to prison, and though he
acquired the legal estate after his dis-
charge

ib.
the estate vested in the general assignee by the

assignment from the provisional assignee,
though the insolvent died prior to the execu-
tion of it

ib.

dition to perform the will, destroys the joint
tenancy

139
the admittance of one is the admittance of all

296
what fines may be claimed by the lord on their
admittance

320, 347, 348
the case of Wilson & Hoare

321, &c.
are but as one tenant, and shall do but one
suit

365
the survivor only is to pay a heriot, as it is due
only when the tenani dies solely seized

377, 388
See Courts OF EQUITY;. Devise; EJECT-

MENT ; FINE ; Heriots; PARTITION ;

RELIEF.
JOINTURE. See FREEBENCH.
JUDGMENTS; did not formerly affect copy.
holds

47, 48
an extendor is entitled under 1 & 2 Vict. c.

110, to hold copy hold or customary lands
until the judgment satisfied

47, p.

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JUDGMENTS-continued.
reference to 2 Vict. c. 11, for the better protec-

tion of purchasers against judgments, &c.,
and to 3 & 4 Vict. c. 82 Page 48, n., App.

990, et seq., 1003
See ELEGIT.
JURATORES ; (tit. Leet.)

691, n.
JURY; JURORS; (tit. Leet, ss. 2 & 5)

691, 720
See FINE.
JUSTICIARY; (Chief Justiciary) when first
instituted (tit. Leet) ..

671

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LAGAN (OR LIGAN). See WRECK.
LATHS (OR RAPES); LATHGERIEVE; (tit.
Leet)

674
LAW DAY. See LEET.
LAWMEN (LAHMEN). See LEET 672,

673, 690, 691 & n.
LEASE; by parol (but with an exception) will

not disable the lord from regranting as copy-
hold

15
void by the statute of frauds, regulates the
terms of the tenancy

ib., n.
but does not operate as a term

ib.
yet what was considered before the statute as a

tenancy at will, is now deemed a tenancy
from year to year

ib.
by 8 & 9 Vict. c. 106, s. 3, a lease required
by law to be in writing must be made by
deed

App. 1130
cannot be granted by a copyholder beyond a

year, without a special custom, or the lord's
licence

456, 457
a grant by copy is a sufficient letting to farm
within the stat. 32 Hen. 8, authorizing leases
by tenants in tail, &c.

87, n.
whether a lease by licence of the lord, or under

a custom, would be within that stat. ib.
with licence was extendible at law before
1 & 2 Vict. c. 110

48, n.
See LICENCE; PRESUMPTION.
LEASEHOLD; will pass under a devise of real

estate, when the intention is clear .. 241, 0.
LEATHER SEALERS. See LEET 719
LEET.

Nature and antiquity of the Court Leet.
is a court of record of great antiquity 669
and accounted the king's court

ib.
may belong to the lord of a hundred or manor
by grant

ib.
or by prescription

ib.
but the lord has the profits of the court only, ib.
and the lord of a leet cannot claim the wastes
by prescription

. ib., n.

LEET-continued.
the jurisdiction existed before the conquest,

and is said to have been ordained by King
Alfred

Page 669, n.
but the term “ leet" is not discoverable in the
Anglo-Saxon jurisprudence

670
yet the remedial, if not the alleged legislative

character, may be traced to the Continental
Saxon institutions

669, 670, n.
is said to have been derived out of the sheriff's
tourn

669
the observation to be received with qualifica-
tion

ib.
for the power of the sheriff in the touro was

superseded, or at least suspended by the
grant of a court leet

ib.
illustration of the generic character of the leet
jurisdiction, by a reference to the territorial
divisions of the Anglo-Saxon kings, and a
view of the Anglo-Saxon orders of people and
jurisprudence

670, &c.
Alfred did not divide the kingdom into counties

670
but improved the division

ib,
and introduced the several subdivisions, ending
in tithings or districts of about ten families,

ib.
the lowest orders were complete slaves .. ib.
the frilazin a middle class between slaves and
freemen

670, 671
freemen from birth were called ceorls, and

generally devoted 10 agriculture 671
these were sometimes advanced to thanes.. ib.
a ceorl by becoming the buscarle, or attendant

of a military earl, was sometimes advanced
to the lower class of thanes

ib.
the highest class were called king's thanes ib.
thanes were the only nobility among the Anglo-
Saxons

ib.
but members of royal families were of superior

rank
the Anglo-Saxon kings were the chief judges, ib.
and frequently presided in the courts of justice

ib.
a chief justiciary first instituted on the incur.
sion of the Danes

ib.
the nature and powers of the WITTENA-GEVOT

ib.
this was the supreme tribunal of the Anglo-
Saxons

ib.
the usual period, manner and places of its
assembly

ib., 672
the nature of the Sure-Gemot Court .. 672
the period of its assembly, and the constituent
members

672, 673
the relative offices and duties of the ealdomas
(or alderman), shiregerieve, domesmen, &c.

672, n.
doubtful whether in the earlier Saxon times the
alderman was appointed by the king

ib.
a great or general plucitum, great gemot, er

plea of land, sometimes holden in different
parts of the country

673, D.
a COUNTY Court instituted for trial of the

causes left undecided at the shire-gemot, 673
and which also held an inquest or view of frank:
pledge

674
these subordinate courts were sometimes called
FOLCKMOTES

673, D.
division of the court into two

..

673

LEET-continued.

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ib.

ib., n.

LEET-continued.
all criminal matters and the view of frapk-

pledge transacted in the one called the
TOURN

Page 673
all civil matters in the other, called the COUNTY
COURT

ib.
the tourn was held twice in the year in

every
hundred

ib., 674
the view of frank-pledge represented to have

been taken only at the tourn after Easter
[but see post]

674
the county court held once a month ib.
several courts subordinate to the shire-gemot

established on the subdivision of shires.. ib.
the nature of the Trithing Court, (the next

in importance to the shire-gemot,) and the

office of trithing-man or lathgerieve
this court discontinued at an earlier period than
those about to be mentioned

ib.
the nature of the HUNDRED Court, and the
office of hundredary

ib.
the period and manner of its assembly ib.
discontinued in the reign of Edward the third

ib., n.
but hundred courts still exist under grants

made on the decline of the Saxon jurispru-
dence

674, 675, n.
bence probably the baron's mote or moot court

The Norman Jurisprudence, and Establishment of

our present Courts of Justice.
the Wittena-gemot and the subordinale Anglo-

Saxon courts were continued for some time
after the conquest

Page 678
the AULA-REGIA, or AULA-REGIS, established
by William the Conqueror

ib.
its nature and constituent members .. ib., 679
whether it existed in the Anglo-Saxon æra under
the term curia-regis

678, n.
the term hall sometimes applied to a court baron

ib.
whether the convening of the Aula-regis in
cases of importance was the foundation of the

678
whether the Commons of England formed part
of that assembly

ib,
they certainly formed part of the Wittena.

gemot
the probable period of the institution of the
representative system

.. 679
the establishment of the courts as now existing
in Westminster Hall

680
the king sat in person in the King's Bench, ib.
hence the idea of his being always present in it

ib.
an allusion to the introduction of the offices of

justices itinerant, and of assize, &c. ib.
and justices of the peace, and the courts of
quarter sessions

ib.
when the jurisdiction of the county court was

restrained to pleas of debt under 40s. .. ib.
and pleas of land confined to the higher tribu-
nals

ib.
the decline of the leet ascribed to the reduction
of the authority of the sheriff in his tourn

680, 681
but the powers of the leet are far from being
circumscribed

681
Further Illustration of the Constitution of the

Court Leet, and its present Practice.
the style of the court

681, n.
the leet may be appendant 10 a hundred, but
is not necessarily incident to it .. 669, 681,

..

..

675, n.
the nature of the BURGE-MOTE, or Folc-GEMOT
(or folckmote) court

675
and of the PORTMOTE (or portmoot) court, ib., n.
the presiding magistrale was called in the

former the towngerieve, and in the latter
portgerieve

675
usually held monthly

ib.
but special meetings convened by the mot-bell

ib.
the ward inquest in London resembles the leet
of the hundred

ib., n.
the nature of the Titining Court

675
the borsholder or tithing-man presided there, ib.
he was sometimes called the ulderman or free-
burgh

ib.
derivation of borsholder, and nature of the office

ib., n.
the similarity of the office of constable at this
day

676, n.
the policy of the subdivision of hundreds into
tithings or decennaries

676
thanes were not members of tithings ib., n.
the members of decennaries, sometimes called
deciners or deziners

ib.
the term disein used by ancient law authors

ib.
hence probably by corruption the terms doziners
and dozein

ib.
every person above twelve years old (with per-

haps some exceptions) was compelled to
swear allegiance in the hundred court or
folc.gemot

677
this submission inquired of at the inquest or
view of frank-pledge

ib.
the probable period of the institution of the
leet, as an appendant franchise

ib.
derivation of the term leet

ib., o.
lords of each leet, &c., were summoned to the
Wittena-gemot

ib.
an allusion to the Anglo-Saxon tenure

677 & n.

689, n.
may be appendant to a manor

681
where the king purchased two-thirds of the

manor, the leei held to be appendant to the
remaining one-third

ib., n.
may be appendant to a vill

681
and to an ancient messuage

ib., 682
the title may be made by prescription 681, n.
yet not as appendant to a church or chapel, 682
in chartered boroughs the corporation are fie-
quently lords of a leet, as appendapt to a

ib.
in other boroughs, not having a charter, the

chief magistrate is frequently chosen at the

leet of a private lord ib., 690, n., 713
the common law election still imitated in some
corporate places

682
The King v. Rowland

c

699, n.
The King v. Bankes

713, n.
corporate jurisdictions superinduced upon the
leet

682
whether in the absence of any trace of its in-

stitution, when the leet exists in a borough

manor

..

..

..

..

LEET--continued.

or town, it may not be considered as a vestige

of the Anglo-Saxon jurisprudence Page 682
whether the king may create a leet where none
was before

683, n.
When to be held.
by Mag. Ch., (9 Hen. 3, c. 35,) the view of
frankpledge, or leet of the tourn, to be kept

at the feast of Saint Michael 682, 683
whether it was introductive of a new law as
regards private leets

683 & n.
those granted subsequently must be held on

the days mentioned in the charter .. ib.
whether there is any distinction in this respect

belween prescriptive leets and those held by
grant

683, n.
prescriptive leets nust be held according to
the immemorial usage

683
but not on a Sunday

ib.
may be held oftener than twice in the year, by
prescription

ib.
and once or twice a year on reasonable warn-

ing, if kept at uncertain times ib., n.
belter to hold the court leet within a month
after Michaelmas

ib,
the established period of a month after some

feast is to be accounted a lunar month, 683
may be adjourned by three proclamations ..ib.

Where to be held.
the leet of the tourn, or sheriff's frankpledge,

is by Mag. Ch. to be held at a determinate
place

684
leets of private lords may be held at any place
within the particular precinct

ib.
are sometimes held in the church or chapel, ib.
but there is a prohibitory canon against hold.

ing leets there, or in a churchyard ib.
fifteen days is the usual notice

ib.
and is given by the bailiff under a precept
from the steward

ib.
any shorter notice is good by usage, and if no

particular usage, three or four days would
be sufficient

ib., n.
the notice need not be personally served on the
suitors

684
except it be not an ancient leet

LEET--continued.
tenants in ancient demesne are exempt from

suit to the tourn, and probably therefore to
the leet, unless tributory to the manor

Page 685, n.
whether a practising barrister, or attorney, is
exempt from suit to the leet

ib.
aliens are incapable of being sworn in leets, but
are not exempt from suit

ib.
Lord Coke of opinion, that though the 9 Hen. 3,

c. 35, was restricted to the leet of the tour,
yet that the exemptions of the statute of
Marlborough extended to the leets of private
lords

685
reasons for doubting the fact

ib.
yet semble, that no man is bound to attend two
leets

.. 686, 716
unless, as it should seem, he resides sometimes

in one place and sometimes in another, and
is present when the different leets happen to
be held

716, n.
but persons having lands in the precincts of

different leets are to do suit to the leet where
they reside

ib.
a man who has a house within two leets is
conversant where his bed is

686
the word “inhabitant" therefore, when the

view of frankpledge is spoken of, cannot
mean occupier

.. ib., D.
the lord of a hundred leet has not a concurrent
jurisdiction with the lord of the manor leet

686
regularly, he that owes suit to the leet owes
none to the hundred, except by custom

717, n.
special customs derogating from the common

law are good as to hundreds, &c., but are
denied as to inferior places, such as upland

ib.
and if a private leet has a partial jurisdiction

only, the resiants must attend the superior
leet, or the tourn, as to all matters not cogdi-
zable in the private leet

716, D.
and articles neglected to be inquired of in the

manor leet are inquirable of in the hundred
leet

689, 2., 721
but the neglect of a lord of a manor leet was

punishable in the eyre, and not in the hundred
leet

721, .
it is a good custom for the chief pledges of the

inferior leet, and a limited number of resiants,
to attend the grand leet

716, a.
leets in ancient boroughs appeared in Eyre by

four, and considered as distinct from the
hundred

716, 717, n.
suit to the leet is due by resiancy, and has no
reference to tenure

686
is therefore called suit real, and not suit service
it cannot be done by attorney
nor be released
but it may be essoigned
the neglect of it is punishable by amercement

ib.
and not by distress

ib.
Cert or certainty Money.
origin of the payment

686
is sometimes called chief or king's silver,

towns

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ib.
ib.
ib.
ib.

COM

ib.
in ancient leets the notice may be given in the

church or market, according to the usage, ib.
no person could be amerced if the accustomed
warning had not been given

ib.
Suit Real.
prior to the statute of Marlborough, (52 Hen.

3, c. 10,) all persons from twelve to sixty
years, without distinction, (except only
clergy having curam animarum,) were bound
to attend the tourn

684, 685
by that statute certain persons are exempt from

such attendance, unless for special cause, 685
but the exemption is personal, and holding lands

discharged of secular services does not ex.
cuse the attendance

ib., n.
women never sworn to allegiance in touros or
leets

684, n.
but were originally compellable to attend the

717, n.
persons compellable to attend the tourn were

to be sworn to their fealty and allegiance, 685

mon fine, head money, or head peace

tourn

ib.

LEET--continued.
the inference aided by the cases of The king

v. Harrison, The King v. Bankes, and Hol-

royd & Breare Page 697, 698, 713
the duties of bailiff of the leet are analogous to
the sheriff's, in his ministerial character

691, 697
the sheriff, however, is a constituent part of
the county court

697, n.
reference to the institution of the trial by jury

691 & n.
the bailiff is sometimes chosen by the jury of
the leet

700

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..

LEET-continued.

the remedy is action of debt Page 687
but when payable at the day of the leet, the
defaulters may be amerced

ib.
by prescription a deciner may be amerced, 707
it cannot be distrained for without a prescrip-
tion

687
and is the only matter of a private nature where

a prescription to amerce is allowable ib.
equity will not entertain a bill for law-day
silver

ib., n.
Mandamus ; Forfeiture of Leet.
the lord is compellable by mandumus to hold a
court leet

687
the usurpation of a leet is an indictable offence

ib,
a leet is forfeitable by non-user or abuser .. ib.
long dis-user creates a presumption of defect in
title

ib.
semble, that a leet is forfeited by the neglect of
appointing an able steward

688
or of electing the usual officers

ib.
or of providing instruments of punishment, as
pillory, stocks, &c.

ib.
at all events the franchise may be seized
quousque for any such neglect

ib.
but by the opinion of some, the inhabitants are
bound to provide stocks

ib., n.
semble, that for the neglect to provide stocks, a
vill may be amerced

ib.
and that any of the inhabitants may be dis-
trained for the amercement

ib.
so also as to pillory and other instruments of
punishment, if a prescription be alleged, ib.

Steward ; Bailiff.
whether the steward of a court leet is judge of
the court in all cases

688
his essential qualifications

ib.
the charges of an attorney for holding a court
leet are taxable

ib., n.
semble, that the steward is an essential officer
in the leet

688, 689
and that the lord cannot hold his own court, 689
the leet distinguishable in that respect from a

customary court and court baron, 688, 689
but a dictum discovered of C. J. Holt, that in
a private leet the lord may sit as judge

689, n.
whether the sleward does not preside wholly in
a judicial character

690, 702
whether it is not the duty of the bailiff to per.

form every ministerial act, and, therefore, to

impa nel the leet jury .. 690, 691, 698, 699
though the power may be opposed by special
custom [Re: v. Harrison ; Crane v. Holland]

698, 700
by custom the steward may nominate the per-
sons to be summoned by the bailiff as jurors

690, n., 699, n.
the case of The King v. Joliffe

700, 701
a custom for jurors to present persons to be

admitted burgesses, to be sworn in by the
steward of the borough and manor, is good

701, n.
references to the statute law, and to various

authors, in afhrmance of the position that the
steward acts judicially, and that the bailiff is
to perform aïl ministerial acts .. 690,&c.

• .

The more general Duties and Powers of the

Steward: Fines.
he may take a recognizance of the peace ..702
and fine for a contempt of court

ib.
and commit the party till the fine be paid

ib., 705, 731, n.
but that course unadvisable, as an action of
debt lies

702, n.
may commit a person to prison for a gross mis-
demeanour in the court

702
in some cases the steward may impanel a

second jury to inquire into the concealments

of the first, and fine them, 693, n., 721 & n.
[but on this point see 6 Geo. 4, c. 50, s. 60.]
the refusal of the jury to make presentment is

a contempt for which the steward may impose
a fine

705
but the fine must be set severally

ib.
so in all cases, except where there is an uncer-
tainty of persons

ib.
as in a fine on a town for the escape of a
felon

ib.
a suitor's refusing to be sworn is also a con-
tempt

ib.
so any of the jury departing without giving
their verdict ..

ib.
or the jury giving their verdict before all are
agreed

ib.
so also the refusal be sworn in constable or
tithing man, having been elected by the

ib.
or the refusal of a constable or tithing man to
make presentment

ib.
so the bailiff's refusal to execute his office, 706
but the steward can only fine for a contempt
committed in court

704, 706
and the fine must be reasonable

704
but the reasonableness need not be averred, ib.
nor need the fine be affeered

ib,
semble, that a steward may set a moderate fine

for neglect to attend the court leet as a juror,
to be recovered by the lord in an action of
debt

706
the steward hath powers equal with the jus.
tices of the bench

702
and in one instance greater, as he may compel

a stranger to be sworn, if the number of
jurors be insufficient

ib.
and impose a fine on refusal

703
but only where the usage is to swear and dis-
charge the jury in the course of the day

702, n.
he may also commit to prison persons against

whom charges are found by indictment or
inquisition in the leet

703

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