when not..

..

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
when conveyances by infants are good, and
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
289, 341, 397
how the fine on admittance is recoverable
289, 341, 356, 397, 398

how to be admitted

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 to 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.

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]
reference to 1 & 2 Vict. c. 110; repealing the
provisions of the acts of 7 Geo. 4 & 1
Will. 4, as to the conveyance of copyhold 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.

686, n.

JETSAM. See WRECK.

See COMMON; PRESCRIP-

474, 477
.. 474, 475

INHABITANTS.

TION.

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

the case of Wilson & Hoare
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 tenan; dies solely seized

377, 388
See COURTS OF EQUITY; DEVISE; EJECT-
MENT; FINE; HERIOTS; PARTITION;
RELIEF.

..

15

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.
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

ib.

for the power of the sheriff in the tourn was
superseded, or at least suspended by the
grant of a court leet
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
ib.

but improved the division
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 to agriculture
671
these were sometimes advanced to thanes.. ib.
a ceorl by becoming the huscarle, 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

ib.

87, n.

48, n.

See LICENCE; PRESUMPTION.
LEASEHOLD; will pass under a devise of real
estate, when the intention is clear 241, n.
LEATHER SEALERS. See LEET
LEET.

..

Nature and antiquity of the Court Leet.

719

the usual period, manner and places of its
assembly
ib., 672
the nature of the SHIRE-GEMOT Court .. 672
the period of its assembly, and the constituent
members
672, 673
the relative offices and duties of the ealdorman
(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 placitum, great gemot, or
plea of land, sometimes holden in different
parts of the country
673, n.

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
division of the court into two

the county court held once a month
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 ib.
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.
hence probably the baron's mote or moot court
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 magistrate was called in the
former the towngerieve, and in the latter
portgerieve

usually held monthly

675
ib.

but special meetings convened by the mot-bell

LEET-continued.

The Norman Jurisprudence, and Establishment of
our present Courts of Justice.

the Wittena-gemot and the subordinate 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
English parliament
678
whether the Commons of England formed part
of that assembly

..

ib.

they certainly formed part of the Wittena-
gemot
ib., n.

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

ib.

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

corporate places

ib.

The King v. Rowland

derivation of the term leet

ib., n.

The King v. Bankes

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

corporate jurisdictions superinduced upon the

ib.

leet

682

an allusion to the Anglo-Saxon tenure

677 & n.

whether in the absence of any trace of its in-
stitution, when the leet exists in a borough

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 tourns or
leets
684, n.
but were originally compellable to attend the
717, n.

tourn

..

persons compellable to attend the tourn were
to be sworn to their fealty and allegiance, 685

Lord Coke of opinion, that though the 9 Hen. 3,
c. 35, was restricted to the leet of the tourn,
yet that the exemptions of the statute of
Marlborough extended to the leets of private
lords

reasons for doubting the fact

685

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., n.
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

towns

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 cogni-
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, n., 721
but the neglect of a lord of a manor leet was
punishable in the eyre, and not in the hundred
leet
721, n.
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, n.
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

..

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 steward 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
impanel the leet jury.. 690, 691, 698, 699
though the power may be opposed by special
custom [Rex 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.
700, 701

the case of The King v. Joliffe
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 affirmance of the position that the
steward acts judicially, and that the bailiff is
to perform all ministerial acts.. 690, &c.

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

but the fine must be set severally

705
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 to be sworn in constable or
tithing man, having been elected by the
jury, and being present

..

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