ment

..

..

..

707
the jury are to present the neglect of suit .. ib.
but notice on the suitor need not be proved, ib.
no person can be amerced for a private trespass
to the lord
ib.
not even by custom, but this formerly was
doubted
ib.
the amercement must be reasonable, and be
affeered
ib.
yet it has been said that the jury may amerce
in a sum certain, without affeerment ib.
the reasonableness once affeered cannot be
questioned in a writ of error, or a moderata
misericordia
ib.
the latter writ indeed is not applicable to courts
of record
the affeerment must be by two or more persons
appointed and sworn by the steward, but
they may be selected from the jury, which
indeed is the practice

..

a fine in leet is recoverable in action of debt
704, 708
or by distress, even without a custom 708
and the distress may be sold
ib.
but a fine not of common right cannot be dis-
trained for without a prescription
ib.

an amercement in leet is recoverable by action
of debt

ib.
and wager of law was not allowed even before
3 & 4 Will. 4, c. 42
.. ib., B.

it may be recovered by distress as of common
right, as for a fine

and the distress may be sold

708
ib., B.

but the power of distress is suspended by the
possession of the king

tb.

the distress may be taken in any place within
the precinct of the leet
even in the common street

..

708
ib.

ib.

ib.

a summons to serve on the jury of court leet

LEET-continued.
will not maintain an averment in the decla-
ration that the party was summoned to serve
on the jury of the court leet and court baron,

Page 710
notice need not be alleged in debt for amerce.
ment for not abating a nuisance
ib.

the fact of the presentment may be traversed in
debt for amercement
ib.
and the rule applies to an amercement for
breach of a by-law
ib.
but the Court of Queen's Bench has refused a
certiorari to remove the proceedings out of
court leet, where the amercement had been
estreated into the duchy court of Lancaster
ib., 711
the case of The King & Heaton on the point, ib.
which shows that amercements in the courts
belonging to the Duchy of Lancaster are re-
coverable by levari facias out of the duchy
court, after being estreated there
712
amercements in the king's leet are to be es-
treated into the exchequer, and levied by
levari facius
711
any action of trespass consequent on such pro-
cess must be brought in the office of pleas in
the exchequer
ib., 712
amercements in leets of private lords are es-
treated, or extracted from the rolls, and the
steward's warrant to the bailiff to levy the
amount is subjoined
711, n.

in one case the party was put to plead where a
fine had been estreated into the exchequer,
which was set under a by-law in one of the
king's manors for receiving an inmate with-
out giving security to the overseers of the
parish
ib., 713
712, n.
whether a by-law for repairing a church is for
the public good, and binding, 625, n., 712, n.
semble, that personal notice of a valid by-law
in leet is unnecessary

must be just and reasonable

710, 713

..

ib.

high constables as officers of hundreds, and
petit constables as officers of tithings.. ib.
and to have been chosen at the leet, or (when
no leet existed) at the tourn
ib.
the election of a chief constable for a wapen-
take in Yorkshire at a special petty sessions
held void, and that he was well appointed at
a subsequent court of quarter sessions, 714, n.
reference to 2 & 3 Vict. c. 93, and 3 & 4 Vict.
c. 88, for the establishment of county and
district constables by the authority of ma-
gistrates
ib.
doubts have been expressed whether the high
constable was not created by the stat. of
Winchester
714
semble, that the leet has power to elect a con-
stable for a vill or hamlet, where no such
office existed previously

..

ib.

or to elect a second constable or tithing-man,
when there may have been one only ib.
the right of electing constables is in the jury of
the court leet

715

but it was formerly a great question whether
the right was in the jury or the steward..ib.
a corporation cannot elect a constable, except
by custom
ib., n.

a constable or tithing-man refusing to be sworn
may be fined when present ..705, 715, 718
if absent, he may be amerced, on presentment
of the contempt at the succeeding court

706, n., 715
and in either case he may be indicted at the
assizes or quarter sessions
715, 718

719

what must be set forth in an indictment for the
offence
718
a refusal to take the oath is evidence of a re-
fusal to perform the duties of the office [The
King v. Brain]
718, 719
not necessary to allege in the indictment that
the party refused to be sworn, but sufficient
to state that he contemptuously refused to
take upon himself the execution of the office,
although required
when the constable or tithing-man is absent,
or should the oath be withheld, he is to go
before a justice of the peace to be sworn, 715
but the steward is compellable by mandamus to
administer the oath
ib., n.
when the leet neglects to choose a constable,
the justices in sessions may appoint one, 715
but only until the lord shall hold a court, ib., 716
and the justices should summon the party to be
716, n.

sworn

..

..

LEET-continued.

serving the office of constable for the hun-

dred

Page 716
but a custom for such exemption is good .. ib.
the office is a personal and not a pecuniary
service

717
it should seem, therefore, that a person chosen
constable cannot of his own authority appoint
a deputy
.. ib.
a practising barrister and attorney are exempt
from serving the office of constable .. ib.
but a physician is not
ib.
perhaps the court of B. R. would relieve a
gentleman of quality, where there are suffi-
cient persons besides

ib.
but a person discharged by the sessions as being
a master of arts, has been compelled by the
court of B. R. to be sworn
ib., n.
a certificate under 10 & 11 Will. 3, c. 23, dis-
charging persons from serving parish offices,
is no exemption from being sworn constable
in leet

women

ib.

it seems inconsistent to impose the office on
.. 717
ALECONNERS AND LEATHER SEALERS, are of
ficers frequently chosen at the court leet, 719
HAYWARDS are also oftentimes chosen at the
court leet
ib.
and it is generally where the leet is appendant
to a manor, and the court leet and court
baron are held together
ib.
when the office exists distinct from that of
bailiff, it is more of a private than a public
character
but in some places it is a public annual office,
conferring a settlement..719, 720, App. 1145

..

ib.

and a party may aver against a presentment
made by less than twelve

721

721

it is sufficient if that number are agreed ..720
when there are not twelve suitors present, the
steward may compel a stranger to be sworn,
and impose a fine for his refusal..702, 703,
720, n.
whether a presentment in leet is traversable, 720
all presentments in leet may be removed into
B. R. by certiorari, and there traversed
ib., 721
and, clearly, the jurisdiction of the court leet is
traversable
by the act 1 Eliz. c. 17, for preserving the
spawn of fish, the steward might impanel a
second jury to inquire of any concealments
by the jury first sworn
693, n., 721
the act imposed a penalty on every juryman
guilty of wilful concealment 693, 721
semble, that the perjury or wilful concealment
of a leet jury was always inquirable there by
another jury, and punishable
721
reference to 6 Geo. 4, c. 50, s. 60, abolishing
the writ of attaint against jurors, and an in-

cient

ib.

yet it has been said that in some manors the
jury continue in office for a whole year, ib., n.
the case of Willcock v. Windsor, showing that
an adjournment of the court must in some
cases be necessary, and establishing the va-
lidity of a custom for the leet jury to enter
shops for examining weights and measures,
and to destroy such as are found to be defi-
.. 722, &c.
too much importance attached to the observa-
tions of Probyn, J., (as to such a custom) in
Moore v. Wickers
the case of Sheppard v. Hall, confirming the
decision in Willcock v. Windsor, that by cus-
tom the leet jury may examine weights and
measures, and seize them if defective.. 726
presentments in leet must be certain, and state
the precise day of holding the court, and
before whom it was held

722

727

it is better (although not essential) to state
whether the court exists by grant or pre-
scription

ib.

the leet never could arraign and deliver persons
indicted for felony

ib.

ib.

ib.
if the licence has been acted upon to the full
extent, a second lease on the surrender of
the first would be a forfeiture
ib.
whether a concurrent lease would be a forfeiture
ib.

the grant of a less term than authorized by the
licence is good

nor inquire of any felonies which were not such
at common law
ib.
the general character of offences which the leet
is to inquire of, and afterwards certify to the
king's justices
ib.
and of such as are not only inquirable, but also
punishable in leet by fine, &c.
in cases of felony, the jury should inquire of the
lands, and also of the goods, &c., belonging to
the offender, at the time of committing the
felony
ib., n.
Enumeration of the ARTICLES inquirable in
Courts Leet
730, &c.
reference (under the head of articles inquirable
in court leet) to 9 Geo. 4, c. 65, repealing
certain acts of parliament against tippling

740

See FRANCHISE; HAYWARD; INHABITANT;
MANDAMUS; PORTREEVE; POUND-KEEPER.
LEVANCY AND COUCHANCY, the mean-
ing of, according to a recent decision, 523, n.

LICENCE TO ALIEN; by the custom of some
manors, a licence by the lord to alien ancient
tenements is confined to entireties, but the
power extended to parcels of such tenements
by 92nd section of 4 & 5 Vict. c. 35, 114, n.,
283, n., 575, n.
LICENCES and other DISPENSATIONS;
whether parceners could have made partition
without the lord's licence
457, n.
licences to demise operate as a dispensation of
forfeiture
456, 457
in some manors leases may be granted for a
fixed period without licence
457
reference to the customs of the manors of Step-
ney and Hackney
such special customs must be clearly proved, ib.
the terms are regulated by the custom, like the
fine on admittance
458
but a licence to demise is usually given (in
or out of court) as of course, on payment of
a fixed sum
ib.
the fine for a licence to pull down buildings,
&c., is the subject of convention
not compellable, if no fixed customary fine, ib.,
532, 533

..

ib.

ib.

ib.
under a licence to a copyholder for life to let
for three years if he so long lived, a lease for
three years absolutely held not to be a for-
feiture; contra if he had been a copyholder
in fee
ib., 460
may be made to depend on a condition prece-
dent, but not on a condition subsequent, 460
a licence to demise is a personal dispensation
only, and gives no property

ib.

and will not make a lease binding on the issue
ib.

in tail

effect of lease by tenant in tail granted with

licence of the lord
ib., n.
semble, that a licence to a copyholder runs
with the land, and therefore that a lease
under it by the heir or devisee would be
good, and not create a forfeiture

460
what customs to alien without licence are good,
and what are not

457

and is good against the lord claiming by escheat
or forfeiture, if the licence were granted by
him, or a former lord seized in fee ib.
when a licence to demise must be pleaded, and
when it need not
465, n.
See COPARCENERS; FORFEITURE; MANDAMUS.
LIEN; no distinction between freeholds and
copyholds in regard to a deposit of evidences
of title as a security
nor in regard to the lien which a vendor has
for his purchase money
ib.
LIMITATION, words of; the rule that a copy-
holder cannot limit an estate to his right
heirs as purchasers, altered by 3 & 4 Will.
4, c. 106
43, n., 295
LIMITATION OF TIME; the doctrine of non-
adverse possession done away with by 3 & 4
Will. 4, c. 27
464, n., 1028, n.

LIMITATION OF TIME-continued.
of plaints in nature of possessory actions

Page 473, &c.
of plaints in nature of the several writs of
right
483, &c.
formerly no limitation as to rents created by
deed, or reserved on particular estates, 481, n.
time was no bar as between a trustee and cestuy
que trust, except as to constructive trusts [but
see sections 25 and 26 of 3 & 4 Will. 4, c.
27, App. 1030]
ib.
the above act restrains an action or suit for ar-
rears of dower to six years, 542, n., App. 1034
See CUSTOMARY PLAINTS; EJECTMENT;
EQUITY OF REDEMPTION; FINE; PRE-
IPTION; SEIZURE.

..

..

LORD OF THE MANOR; is not prevented
by a lease by parol (except for a term not
exceeding three years reserving two-thirds,
at least, of the full improved value) from
making a regrant as copyhold

15
is entitled to an allotment under an inclosure
act in respect of his demesnes, as well as an
allotment as owner of the soil of the waste,
&c.
19, n.
a tenant for life purchasing copyholds should
take the surrender to a trustee, or regrant
immediately
35, 36
the same caution is requisite when the lord is
seized in fee, with an executory devise over, 36
a covenant to surrender to a mortgagee of the
freehold is not a regrant in equity in favour
of devisees
35, 36
but such covenant by tenant for life having a
power to grant would bind the remainder-
man in equity
36
whether the lord has power over the lands of
a lunatic, except by custom
cannot appoint a guardian, except by custom, 53
may grant copyholds in fee, however limited
his interest

52

91

sed qu. as to a mere tenant at will ib., n.
grants by infants, lunatics, &c., are good.. ib.
so also by an outlaw, a person excommunicate,
feoffee on condition, and guardian in socage

92

ib.
so also by bishops or other ecclesiastics, ib., 92
and by a dowress, or the husband seized in
right of his wife, (the wife, however, must
join)
but the committee of a lunatic has no estate,
and is disabled to grant copyholds ib.
a grant by the steward, appointed by the lunatic
before his disease of mind, is good ib.
lands escheating are within the above rules, ib.
grants made before the attainder of the lord
are good
ib.
and before entry for breach of condition ib.
holding a court amounts to an entry for con-
dition broken
ib.
grants by feoffee of an infant are good.. ib., n.
so also grants made before disagreement, where

..

ib., 97
the lord who has a limited interest cannot pre-
judice the remainder-man
98
the lord is chancellor in his own court.. 97
has an undoubted right to afford relief as such
204, 205, n., 231, D.
the maxim strengthens the opinion that he may
hold his own customary courts
97, n.
the 86th section of the commutation and en-
franchisement act is declaratory of that rule
of law
semble, that if his decree be not obeyed, he may
seize and admit the rightful claimant .. 98
the lord cannot regrant by copy after executing
a common law assurance, or if the land be
extended, or assigned to a wife in a writ of
dower; but if kept in hand, or let at will,
he or his heirs, &c., may regrant, and the
grantee will hold discharged of the extent,
or dower
ib.

ib., &c.
99
to "him and his," &c., may, by custom, create
an inheritance, or an estate for life only...
equity will not interpose between the lord and
the heir of a trustee, when the cestu que
trust dies without an heir, but the court of
B. R. will compel the admission of the heir
of the trustee, to enable him to try his title
100, 408

the lord partakes of trusts by recording them
100, 406
but on escheat the lord holds discharged of
trusts to which he is not privy.. 100, 407
the lord cannot claim by the title of an equitable
escheat, except perhaps when he has ac-
cepted notice of a trust