bailiff

..

.. 615

ib.

it is usually respited, which seems expedient,
unless it be the only service rendered
seizin of fealty is a seizin of all other services, ib.
the lord's remedy for fealty
616
fealty and casual services are not within the
statute of limitation, 32 Hen. 8 .. 615, n.
SUIT OF COURT; is due to the court baron from
all freehold tenants of the manor ..615, 616
the suit may be done by attorney 363, 616
but such attorney cannot be appointed by parol,
363, n., 616
how suit is to be performed by joint-tenants
and coparceners

616

ib.

the husband is to perform suit for the wife...ib.
the remedy for suit of court is by distress in-
finite
which is a pledge only, and cannot be sold, ib.
and therefore can in no case be deemed ex-
cessive
ib.

court

the remedy does not extend to suit in hundred
ib.
nor to suit under tenure created since the sta
tute of quia emptores, except by reservation,
617
RENTS; HERIOTS. (See these services under
their proper titles.)

RELIEF; is a fruit of service, and not properly

a service

618

sometimes due by reservation, or by custom.. ib.
is of feudal origin

ib.

whether originally paid in money or in arms,
&c.

frequently confounded with the heriot

the distinction between them

619

..

ib.

ib.

relief reduced to some certainty by Will. 1, ib.
exacted arbitrarily by William 2
restricted by Henry 1

ib.

ib.

compositions for relief established by the
charters of King John and Henry 3

619,

620, n.

COURT BARON-continued.

his executors or administrators shall have action
of debt, but cannot distrain. Page 618, n. 620
wager of law was not allowed in this action,
621, n.
distress for relief is not saleable under 4 Geo. 2,
620, n.
relief is incident of common right to socage
tenure, the title therefore need not be set
forth in replevin
621
acceptance of rent from new tenant does not
bar the relief due from the previous one..ib.
relief cannot be apportioned, therefore none
payable on the death of one of several co-
parceners
relief custom is frequently payable on aliena-
tion as well as on death
621, n.

ib.

621

an amercement imports a moderate assessment
by the equals of the offender
it is to be assessed by the homage only ib.
this to be inferred from Magna Charta, c. 14,
and Westm. 1, c. 6
621, 622

ib.

ib.

ib.

the necessity of it need not be averred in re-
plevin..
notice of it is unnecessary
cattle distrained for breach of by-law are pre-
sumed to belong to the offender
ib.
the penalty for breach of a by-law is in nature
of a fine, and therefore is not affeerable

623, 626
unless perhaps when the fine is discretionary,
623

penalty for by-law is recoverable, in the ab-
sence of custom or prescription, by action of
debt only
.. 626
wager of law was allowed in this action.. 627
now abolished
ib. n.

ib.

COURT BARON-continued.
a capias cannot be awarded in court baron,
except by charter or prescription Page 628
nor does writ of error lie there
but the party may have false judgment.. ib.
proceedings in court baron are traversable, and
should therefore be pleaded at length ib.
in replevin the plaint cannot be removed by
plaintiff or defendant without special cause
shown ..
ib.
re-caption lies on distress for the same cause
after removal of the plaint
ib. n.
an interlocutory judgment may be set aside,
but a new trial cannot be granted, nor a
verdict be set aside, except for irregularity,
fraud or surprise ..
.. 629

ib.
general principles and rules of pleading in a
real suit

..

ib.
the demandant was not allowed to amend, ib. n.
the tenant began
630
See AMERCEMENT; DEODAND; ESCHEAT;
ESTRAYS; FAIRS (Markets, Tolls, &c.);
FELO DE SE; FREE CHASE OR PARK; FREE
FISHERY; FREE WARREN; HERIOTS; QUIT
RENTS; SERVICES; TREASURE TROVE;
WAIF; WRECK.

S. 7. Fruits of Tenure and Seignioral Franchises.
See these under their distinct titles; viz. Es-
CHEAT; FELO DE SE; DEODAND; ESTRAYS;
WAIF; WRECK: TREASURE TROVE; FAIRS;
MARKET; TOLLS; FREE CHASE OR PARK;
FREE WARREN; FREE FISHERY, &c.

COURT BARON—(Customary); is for copy-
holders only, and incident to every manor
where there are copyholds

..

4

the lord or steward is judge in it ib., 119
and the lord presides there as chancellor 97
not necessary that there should be free tenants
within the manor
4, 5

may be held at any place within the manor..4
and out of the manor, by custom

5

..

COURT BARON (Customary)—continued.
the usual periods of holding customary courts,
Page 5, 362, 363
semble, that the court would have been lost
before 4 & 5 Vict. c. 35, if there were not
two suitors
5
special customary courts are sometimes holden,
5,6
whether a grantee of the freehold of all or part
of the copyholds may hold a court; the au-
thorities are opposed to the right 9, &c.
if attended by two copyholders only, whether
one who had previously surrendered could
act in giving effect to such surrender .. 232
semble, that a mortgagor in possession may hold
91, n.

courts

by 4 & 5 Vict. c. 35, may be held without ho-
magers, but other accustomed formalities not
dispensed with
102, n., 109, n.
See LORD OF THE MANOR; WASTE LANDS.
COURT LEET. See LEET.

COURT ROLLS; entry thereon must be forth-
with made of all surrenders, grants, admis-
sions, wills, &c., accepted or made by, or
delivered to the lord or steward, or his de-
puty, under 4 & 5 Vict. c. 35; and such
entries to be considered as made pursuant to
a presentment by homagers.. 102, n., 222, n.
the custody of, belongs to the lord, and the
steward has been ordered to deliver them to
the receiver in a cause
118, D.
a court of equity will decree an amendment in
a case of fraud
204
an entry reformed by the steward's minute
book, but the lord required to be made a
party to the suit

ib.

COURTS OF EQUITY; in a bill for surrender
of a copyhold estate held for lives, the lord
must be made a party ..
will interpose, if the lord refuse to give relief as
chancellor of his own court .. 231, n.

COURTS OF EQUITY-continued.

will correct proceedings in the lord's court, if
against conscience
Page 66, 539
if the manor belong to the king, how to sue, 539
will not interpose as against a purchaser, after
a lapse of many years; nor would have
decreed the lord to entertain a plaint by
remainder-man, in nature of error or false
judgment, after an intail spent for a great
length of time ..
66, 489, 539
will compel the lord to hold a court 533
will compel the acceptance of a surrender, ib.
will also enforce an application for admit-
ib.
but not unless the party can show a colourable
title, and a reasonable prospect of succeeding
at law
the power was first assumed in courts of equita-
ble jurisdiction

tance

ib.

ib.
would have assisted an heir in discovering whe-
ther any copy holds unsurrendered to will, ib.
but seeking relief to which the party is not en-

..

titled, will support a general demurrer.. ib.
will order court rolls to be produced for inspec-
tion of a person claiming an interest under
them
ib.
and to be produced for inspection in a question
between lords of different manors on a bill
for discovery
534
equity has refused its aid to a steward ap-
pointed by a testamentary guardian to com-
pel a steward appointed by trustees to deliver
up court rolls
ib. n.
will entertain a bill for a commission to set out
estovers according to a custom..424, 425, n.
and to set out boundaries, and distinguish
copyholds from freeholds 435, n., 534
but only under special circumstances, a confu-
sion of lands not being per se a sufficient
ground for interposition, unless occasioned
by the defendant, or those under whom he
claims
534
the interest of all the parties concerned must
be before the court
.. 535
the courts lean to make the parties bear the ex-
pense equally, though their interests may be
unequal
.. 534, n.
a disputed right must be first tried at law, ex-
cept the case require some discovery of facts,
534, 535

..

or by wilful waste

536

436, 536
536

except under very peculiar circumstances ib.
but will relieve in cases of permissive waste, or
waste by a stranger, or where the case ad-
mits of compensation
463, 536, n.
equity has relieved where the timber was cut
on one copyhold for the repairs of another,
463, 536
and directed an issue to try quo animo timber
ib.
and would relieve if the act were done under
a colour of right
has compelled the lord to permit a copyholder
to sue at law without forfeiture 536, n.
when there is a doubtful right between the
lord and tenant, equity will restrain the as-
sertion of it until the question has been tried

537
will entertain a bill calculated to avoid a mul-
tiplicity of suits
534, n., 537
and therefore sustain a bill to establish the
right of tenants to the profits of a fair.. 537
but one tenant cannot institute a suit on a ge-
neral right
. ib.
a bill of peace may be brought by or against
the lord, even though the parties have a life
interest only
ib.
equity has entertained such a bill where the
tenants opposed the lord's approvement under
the statute of Merton, and actions of trespass
had been brought against them

a decree against the lord will not bind copy-
holders not parties to the suit
537, n.
will interpose under all circumstances of fraud
(examples)
537, 538
by 3 & 4 Will. 4, c. 27, a suit in equity limited
to the period of a right of entry, or distress
or action, when the remedy is at law .. 538
in the case of a concealed fraud, the twenty
years allowed begins to run from the time it
might, with reasonable diligence, have been
discovered
538, 539
the act protects a purchaser having no know-
ledge of the fraud
539, n.
although a surrender be absolute, equity will
decree a redemption on evidence of its being
designed as a security only

COURTS OF EQUITY-continued.

may order a trustee to surrender, though the
cestuy que trust object
Page 539
on account of the generality and vagueness of
descriptions in court rolls, equity does not
favour objections to a title to copyholds for
want of identification with the description in
the contract for sale
539, 540
equity directs the immediate distribution of
purchase money, without regard to contin-
gent expenses; a purchaser of copy holds held
therefore not to be entitled to have a sum
retained in court to meet a contingent fine,
540

a security may be good in equity though ex-
tinguished at law, as in the case of a bond
by a husband to his wife before marriage for
securing a sum to her if she survived him, ib.
will entertain a bill by mortgagee not in posses-
sion, and before admittance, for a decree of
foreclosure
540, 541
after the decree, the mortgagee may bring eject-

in a suit for foreclosure, the lord will be en-
titled to his taxed costs if required to do an
act, viz. to grant admittance, although there
may be no reply to his answer..
ib.
the rules of equity as between two or more
mortgagees
541
there must be fraud, concealment or gross neg-
ligence to postpone a prior mortgagee of the
legal estate, although he has not possession
of the title deeds

ib.
but title deeds will not be taken from a second
mortgagee who had not notice of the first
security, except on payment of the debt due
to him
541, 542
no distinction in this respect between a deposit
of title deeds of freehold property, and copies
of court roll and other evidence of title to
copyholds
542

ib. n.

the jurisdiction of, extends to a widow's claim
to freebench
ib.
arrears from the death of the husband decreed,
though twelve years had elapsed before the
bill was filed..
the courts adopted the principle of the statutes
of limitation
.. 542
adverse possession therefore of an equity of re-
demption for twenty years, produced the
same effect as abatement, intrusion, &c.,
with respect to legal estates
ib.
prior to 4 & 5 Vict. c. 35, had no power to de-
cree a partition of copyholds between joint
tenants or tenants in common

..

543

but the power is created by the 85th sect. of
that act
ib. n.
have not jurisdiction to stay proceedings on a
mandamus
525, n.
nor, in strictness, any restraining power over
criminal procecutions; contra in actions of
trespass vi et armis, or on indictment at ses-
sions, under special circumstances

ib.

CREDITORS; surrenders are supplied in their
favour
217, 238, 239
CROWN DEBTORS; reference to 2 Vict. c.11,
for the better protection of purchasers against
judgments, crown debtors, &c. 88, n.
[The act will be found in the Appendix, p. 990.]

CROWN GRANT. See NAVIGABLE RIVERS.
CROWN LANDS. See WOODS AND FORESTS.
CUI IN VITA, and Cui ante divortium, writs
of ..
CURIA REGIS. See AULA REGIS.
CURTESY; is by custom only

81, 478

79

46,79
the quantity and duration of estate is therefore
governed by the custom of each manor..
.. 79
formerly termed the husband's dower.. ib. n.
when the custom attaches on taking a copyholder
to wife, it is essential that the wife should
be seized at the time of marriage
and when on the wife's dying seized, the dying
seized is essential, but the custom would not
operate unfavourably to the husband, as no
disposition could be made by the wife with-
out his concurrence
79, 80
whether having issue is essential, when it is not
expressly required by the custom