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 ib.
an exception shown to the rule that there is no
division of a day
App. 989
surrender supplied against assignees, 205, 206
conveyance by the commissioners under 6 Geo.
4, c. 16
302, &c.
power of commissioners over copyholds vested
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.

BANKRUPTCY-continued.

powers given to bankrupt are exercisable by the
commissioners
Page 141, n., 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mission is superseded, though re-chosen under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

..

authorizing

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

BARN. See WASTE.

..

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
plaint, 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
reference to s. 91 of 3 & 4 Will. 4, c. 74, em-
powering the Court of Common Pleas to
dispense with the husband's concurrence,

131

BISHOPS; reference to a grant of escheated
copyholds during the vacancy of a see, 92, n.
admittance 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
ib.
is any legal remedy
archbishops and bishops enabled by 2 & 3 Vict.
c. 18, to raise money on mortgage of their
sees for providing fit residences. App. 981

BONA FUGITIVORUM. See WAIF.

BOUNDARIES-continued.

..

492

an ancient 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 ver-
dict, though not strictly evidence of reputa
tion, yet admissible as a record of proceedings
of a public nature
it is the duty of the tenant to keep the boun-
daries
534, D.
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, relating 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.

..

..

App. 1007

651

361

CESSAVIT, writ of

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 to
be conveyed as before

27, n.

the tenure is within the rule that equity will
sometimes supply a surrender

See DESCENT; ESCHEAT; GAVELKIND.

BORSHOLDER. See LEET.

220

566

CHARITABLE USES; the act of 9 Geo. 2, c.
36, extends to copyholds
the case of Doe & Waterton
the provisions of 9 Geo. 2, c.
9 Geo. 4, c. 85
See SURRENDER to WILL.

CHARITY. See MORTMAIN.

CHASE. See FREE CHASE.

36, explained by

200, n.

CHILDREN, a surrender will be supplied for
208, 217, &c.

CHOSES IN ACTION. See FELO DE SE.

but the lord could not exercise such a right
519
wantonly
and the courts will not presume an original
right in the lord wholly to destroy the com-
519, 520
monage
the courts require clear evidence to support the
520
lord's partial rights

..

..

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
ib.
part of the waste
the lord must show that there is sufficiency of
ib., n.
common left
equity will direct an issue to try the question,
ib.

the lord cannot inclose even by custom, except
ib.
with the assent of the homage
but equity, under circumstances, would proba-
bly interpose to prevent buildings from being
pulled down

ib.

520
if the lord leave sufficient common, he may
open mines, dig brick earth, and plant trees,
the lord may approve against common of pas-
ture, even if there is common of turbary on
521
the same waste

what therefore the tenant must in such a case
show
after being inclosed for a great number of years,
520, n.
a common cannot be thrown open
ib.

contra as to an inclosure in a forest
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

..

..

cording to a recent case

..

VOL. II.

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,
et seq.

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-
ib., &c.
gency
it was expedient to insert a trust to preserve
contingent remainders in copyhold settle-
404, 405
but semble that the lord is not bound to accept
a surrender which would defeat his right of
405
entry for a forfeiture

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, n., 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, n.,
89, D.
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

ib.

48, 535

..

31

a general occupancy of, is not allowed 50
but a special occupancy is
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,
15, n., 98
the grantee will hold discharged of the dower
of the wife of grantor, and of his statutes, &c.
98,546
of inheritance and for lives sometimes exist in
the same manor
.. 100

a remainder in fee cannot be created in the latter,
ib.

one may have the prima tonsura as copyhold,
and another the soil as freehold.. 158, n.
may be surrendered on condition
.. 194
equitable interest in, is assignable
.. 210
are renewable by custom for lives in possession
and in reversion
357
certainty of fine is essential to the tenant right
ib.

of renewal

a change of lives cannot be compelled, if at-
tended with visible inconvenience
what statutes they are within

14, 15

360, n.
81, &c.

14

SE;

630, n.
TREASURE

CORONER; is in some cases the representative
of the sheriff in real actions
See DEODAND; FELO DE
TROVE.
CORPORATIONS; whether a corporation can
108
hold copyholds
the use of the word "successors" in a convey-
108, n.
ance to a corporation sole
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.

CORRUPTION OF BLOOD. See FORFEI-

COTTAGES; copyholds are not within the sta-
88
tute of 31 Eliz. c. 7
reference to the statute, 88, n., 733, App. 1179

COVENANT; to surrender cannot be taken
211, 292
notice of by the lord
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
See AGREEMENT.

COUNTY COURT. See LEET.

COURT BARON.

style of the court

547, n.

S. 1. Common Law.

derivation of Court Baron
is not a court of record

except by charter

is incident to every manor

therefore is not lost because no court has been

40s.

nor award a capias

except by charter or prescription,

court of the castle of Dover
account does not lie in court baron
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.

ib.

yet it never could try an issue by the great
assize, but by wager of battel only
prohibition lay if issue was joined on the great
assize, or foreign plea was pleaded
appeals of murder and trial by battel abolished,

ib.

ib. n.

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

ib., 603

.. 603

the proper notice to be given
frequently held with the court leet, and then
the acts are referred to the court to which
ib.
they apply
proceedings of court baron and customary court
ib.
may be entered on the same roll
was anciently kept once in every three weeks,

ib.

ib.

is now more generally held once a year
the suitors not compellable to attend more
frequently, except for special cause, or by

ib.

freehold tenants alone are the suitors
is lost if there are not two suitors
and by custom in the manor of Dymock there
604, n.
must be three
whether there must not be more than two, so
peers, ib.
that each tenant may be tried by his
semble that suitors could not be created by a
conveyance of part of the demesnes at this
604
day
whether a conveyance by one of two free suitors
to a corporate body is not a suspension only
ib.
of the suit
whether on a conveyance by the only free suitor
of part of his land to another, the right to
ib.
hold a court would revive
the suitors are the judges in the court baron,
4, 605
even in a real action
therefore action of debt lies for the lord himself,
605, n.
may by prescription be held before the steward,