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
but the power of distress is suspended by the possession of the king
the distress may be taken in any place within the precinct of the leet even in the common street
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
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
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
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
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.
serving the office of constable for the hun-
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
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
and a party may aver against a presentment made by less than twelve
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-
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
it is better (although not essential) to state whether the court exists by grant or pre- scription
the leet never could arraign and deliver persons indicted for felony
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
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. 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
and will not make a lease binding on the issue ib.
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
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
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
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
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