POWER-continued.

what powers may, and what may not be re-
leased and extinguished Page 129, n.
what powers may be exercised by a feme covert
129, &c.
reference to decisions as to powers given to a
feme sole, and exercised after marriage, and
given to a feme covert, and exercised after
her second marriage 129, n., 267, n.
an express estate for life, with a general power
of disposition, implies a power of appoint-
ment only
267, n.
137

when exercisable by infants
when a power of appointment by deed is created
by a surrender accepted by the lord or
steward, the appointee is not precluded from
claiming admission by reason of the ap-
pointor having both a power and an interest
(reference to The King v. The Lord of the
Manor of Oundle)
175, n.
as to the effect which would have been pro-
duced in that case by the admission of the
donee of the power, under the limitation over
to him in fee
181, n.
might have been exercised over copyholds
without being noticed; but it should have
appeared that the testator had the property in
view, if he had been seized of other real
estates, to which alone a general devise
would have been held to apply
252
when created, the lord should not seek the ap-
pointee, but admit the heir or other person
entitled in default of appointment, 180, 290
when a power of sale was given by a testator

who had not surrendered to the use of his
will, it was the practice to obtain a release of
right from the customary heir
247
whether or not a surrender was supplied by the
now repealed act of 55 Geo. 3, c. 192, semble,
that since the 1 Vict. c. 26, a testamentary
power of sale cannot be created without a
previous surrender to will.. 247, n., 257, n.
a will exercising a power of appointment must
be executed with the formalities prescribed
by s. 9 of 1 Vict.
234, n.
the appointee, and not the person to whom the
power is given, is to be admitted

and pay a fine

300

349

ib.

a power of sale to executors will save a double
fine
when a testamentary power of sale is given to
a particular person, the heir need not join
300, n.
to sell, does not imply a right to enter and
turn persons out
300, n.
if no appointee should claim admission, the
lord may seize quousque after three procla
mations, or after personal summons on the
heir
349, 350
See ADMITTANCE; BANKRUPT; DEVISE; FEME
COVERT; INFANT; SURRENDER.

..

PREROGATIVE RIGHT; in Henchman v.
Att. Gen., it was held that the devisee took
the land, subject to a sum charged thereon
for the benefit of a charity, and that the king
was entitled to the legacy by his prerogative,
there being no heir or next of kin to take by
way of resulting trust; but the judgment
was reversed on appeal, and the devisee held
êntitled
201, 635, n.
See MORTMAIN.
PRESCRIPTION; a copyholder having com-
mon out of the manor must prescribe for it
in the que estate of the lord .. 512, 517, n.
copyholders, as against strangers, must pre-
scribe by way of custom through the lord

..

516, 517
but as against the lord, by way of usage only

517
but semble, that copyholders of a manor be-
longing to a see may prescribe generally in
non decimando, on a prohibition for staying
a suit for tithes

ib.

but copyholds may be exempt from tithes on
the ground of unity in the rectory, manor,
&c., in one of the greater dissolved monas-
teries, though other copyholds of the manor
belonged to the monastery at the dissolution,
and were subject to tithe
ib.
prescription by way of que estate in the lessee
for years of the manor is ill .. 516, n.
prescription by customary freeholders in a que
estate is good
evidence of a prescription under a condition is
a variance, if the party prescribe absolutely
517, n.
secus if the condition is not annexed to the
prescription
ib.

semble, that copyholders of inheritance cannot
prescribe to have common in exclusion of
the lord, yet copyholders may prescribe to
have sole pasture
prescription to have common in another man's
land to the exclusion of the owner is bad
ib., n.
reference to 2 & 3 Will. 4, c. 71, for shortening
the time of, in certain cases.. 25, n., 523, n.,
524, n.

a reference to authorities on the subject of pre-
scription by copyholders, and by the lord for
fines on marriage, and on holding special
523, n.

courts

See COMMON; CUSTOM.

PRESENTMENT; the steward is not bound to
receive any presentment by which the lord's
rights may be prejudiced.. Page 746, n.
since 4 & 5 Vict. c. 35, recording the death of
tenant is sufficient, without the presence of
homagers, and consequently without a pre-
sentment of the fact
287, n.
the entry on the rolls of surrenders, wills, grants
and admissions, required by the 89th sect., is
to be deemed an entry pursuant to a present-
102, n., 222, n.
[N.B. The marginal note states, erroneously,
that an entry is also required by this section
"of every fact proved to the lord or steward."]
by the 90th sect., an admission valid, without
any presentment of a surrender, will, or other
instrument or fact
102, n.

ment

..

224

ib.

ib., 225

225

the persons taking it need not have attended
the court on presentment
effect of any variance between the surrender
and the presentment of it
whether it was of necessity when taken by the
lord or steward, or was only for the lord's
information and instruction
225, &c.
application of what was the general practice in
court keeping
and of the principles of copyhold tenure.. ib.
accordance essential when the surrender was
taken by tenants or by the bailiff 230
whether the variance might have been deemed
an error in form only, when the terms of the
surrender were known to the lord or steward
ib.

..

229

was necessary to ground an action for recovery
of the consideration money

231

not necessary when the surrender was to the
lord's own use, even if he was tenant for
life only
ib.

where equity would have supplied a surrender,
it would have relieved against an ill present-
ment, or want of timely presentment ib.
if the steward or person taking the surrender
refused to present it, the remedy was by
petition or bill exhibited in the lord's court

231, n.
whether a presentment at the succeeding court
was essential to its validity when not taken
by the lord himself, but by the steward

232, n.
when the presentment was essential to the legal
231
operation of a surrender
the practice as to leaving the surrender with

the steward
whether a copyholder might have acted as an
homager in presenting his own surrender ib.

PRESUMPTION; where the custom required

the husband's consent to be expressed in the

PRESUMPTION-continued.

surrender and admission, his consent not
presumed against a person not claiming un-
der the surrender
Page 131
though the law presumes a party dead when
not heard of for seven years, yet there is no
presumption as to the time of death, 464, n.,
914, n.
the surrender of a lease is presumed under the
practice to return an old lease, with the seals
torn off
505, n.
a grant of the freehold interest in copyhold land
will be presumed, to support a title to a rent
received for twenty years
558, n.
PRIMA TONSURA; may, by custom, be
104
granted by copy

PRIVILEGED COPYHOLDS. See CUSTOM-
ARY FREEHOLDS.

PROBATE; a court baron may by prescription
have jurisdiction to grant probate and admi-
nistration

602

the honour of Knaresbrough is a peculiar ib.

PROCLAMATIONS; may be made at a court

held, under 4 & 5 Vict. c. 35, without ho-
magers
285, n.
notice of, must be served on the parties inte-
rested
102, n., 285, n.
are in imitation of the feudal law
when and how to be made

285, 286

286, 287

QUIT RENTS-continued.
prior to 3 & 4 Will. 4, c. 27, quit rents in re-
spect of freehold lands were recoverable for
fifty years; and an extinguishment was not
presumed from mere length of time

Page 617, n.
but by 2d sect. of 3 & 4 Will. 4, c. 27, an ac-
tion or distress for any rent must be brought
within twenty years after accruer of the right,
as defined by 3d, 4th and 5th sections
367, n., 617
by 16th sect., the period extended ten years to
persons under disability
367, n.
but by 17th sect., no remedy after forty years
ib.

..

real actions being abolished by the 36th sect.,
there is no remedy left if in arrear twenty
years, (except under the 16th sect. in cases
of disability)
ib., 618, n.
by the 34th sect., the rent would be absolutely
extinguished after twenty years, (except as
to the extension of time in cases of disability)
367, n., 618, n.
by 51st sect. of the commutation and enfran-
chisement act, the lord's right to rents, fines
and heriots, due before 1st January after the
confirmation of the apportionment, not af-
fected
365, n.
semble, that the act embraces "rents" and
"heriots" payable in respect of freehold

ib.

lands
a payment for near forty years held to be pre-
sumptively a quit rent, and not to support a
title to the land
See RENTS.

509

payable by copyholder by custom only ib.
remedy for

ib.
are included in the general term "rents" in the
commutation and enfranchisement act
368, n., 618, n.
are not apportionable, therefore a relief cannot
be claimed on the death of one of several
coparceners

369

semble, that the rule is applicable to joint-tenants
ib., 621
are not within the statute of limitation 32 H. 8,
nor 3 & 4 W. 4, c. 27
See COURT BARON, (tit. Reliefs.)

82, n., 620

REMAINDER-MEN. See ADMITTANCE; FINE;
SURRENDER TO WILL.

REMAINDERS.

DERS.

See CONTINGENT REMAIN

REMITTER; is only when the party comes to
the defeazible estate by act of law 482, n.
See CUSTOMARY PLAINTS.

RENTS; may be granted by copy

104
their nature, and the lord's remedy for .. 357,
366, &c.
observations on the statute of limitations 3 & 4
W. 4, c. 27
617, 618

are, in common parlance, the subject of special

51, n.

94

rent service is not extinct by the lord's purchase
of part of the tenancy, but shall be appor
ib., 366

tioned

but it is otherwise as to services entire, and not
annual, as heriots, &c.
366

and the rent or services of one particular tene

ment cannot be apportioned on partition..7
See APPORTIONMENT; DEVISE; SERVICES.
RENTS OF ASSIZE, &c. See QUIT RENTS.

REVOCATION; a will sufficient to pass copy-
hold and personal estate, but not executed
according to the statute of frauds, would not
have been a good revocation of a previous
will as to freeholds
235, n.
by 18th sect. of 1 Vict. c. 26, a will is revoked
by marriage, except it is only an appointment
where the property would not have devolved
on the heir, executor, &c.
274, n.
but not by presumption of intention from any
alteration of circumstances [s. 19]
ib.
nor by a subsequent conveyance, or other act,
except a formal revocation (s. 23] .. 269, n.
by the 20th sect., a will can only be revoked by
a subsequent will, executed as required by
the 9th sect., or by intentional destruction

274, n.
a case prior to 1 Vict., in which the intention
was left to the jury, who decided that the
facts amounted to a revocation.. 273, n.
any alteration in a will, and any revival of a
will before revoked partially or wholly, must
be executed according to the 9th sect. [s. 21]
274, n.
the rule that a will was not revoked by the union
of the legal interest with the equitable, held
to apply to a feme covert having the whole
beneficial interest in personalty, or exercising
a testamentary power, and taking an assign-
ment from the trustees after her husband's
death
272, n.
but the will of a feme covert having a power of
appointment only over realty, was held to be
revoked by taking a conveyance of the legal
fee after discoverture
See DEVISE.

ib.

ib.

are to be rendered by a feme sole or a widow ib.
distinctions as to common law court baron ib.
the services are due from the husband, not the
wife, except perhaps as to fealty

ib.
an infant is excused services whilst in ward, or
at least until fourteen
ib.
ib.

a corporation cannot do suit
by joint tenants, coparceners, and tenants in

SETTLEMENT; where a pauper could enforce

a conveyance of the legal estate, he is irre-
movable, and gains a settlement 73, n.
when it may be gained by a guardian, or a
trustee, or mortgagee, by residence on a
copyhold
73, n., 399, n.
not gained by forty days' residence, where the
purchase is under £30 (9 G. 1, c.7) 399, n.
reference to the law of settlement as applicable
to copyholds
ib.
an office to gain a settlement must be annual
720, n.
See HAYWARD; PAUPER.

rest

SEVERANCE; when a severance of the de-
mesnes or services will determine the manor 6
by the lord, will not destroy the copyhold inte-
10, 11
what acts of the lord will destroy the copyhold
interest of lands which escheat or are for-
feited, and what will not
14, 15, 98
SHERIFF. See LEET, (tit. Steward,) 688, &c.
the sheriff's tourn frequently designated the
leet of the hundred

SHIREGEMOT. See LEET

STAMPS; reference to 3 Geo. 4, c. 117, alter-
ing the stamp duty on transfers of mortgages
App. 956, n., 959

See ANNUITY; EVIDENCE.

STATUTES; which affect copy holds, though not

expressly named in them

which do not affect copyholds

..

81 to 86

86 to 90

Lord Coke's exposition as to the application of
particular statutes to copyholds, when not

named in them

81
further observations on 11 Geo. 4 & 1 Will. 4,
c. 60, (conveyances by infant heir of trustee
or mortgagee); and reference to 4 & 5
Will. 4, c. 23, (conveyance on the death of
a trustee or mortgagee without an heir)..84,
85, n.; App. 1011, 1012
by 4 & 5 Will. 4, c. 22, the principle of ap
portionment extended to annuities, dividends,
&c.
85, n.
the 17th sect. of 59 Geo. 3, c. 12, (conveyances
and demises to churchwardens and overseers,)
not applicable to copyholds 85, n., 90, 202
references to 3 & 4 Will. 4, c. 106, "for the
amendment of the law of inheritance".. 30,
43, 143, 164, 295, 346, in notis
copyholds are excepted out of the registry acts
for Middlesex and Yorkshire, but building
leases of copyholds granted with licence
should be registered..460, 461; App. 1113

HOLDS;

& n.

See APPROVEMENT; ASSETS; BANKRUPT;
BARON AND FEME; BASE FEE; COPY
COTTAGES; COMMUTATION AND
ENFRANCHISEMENT ACT; DEVISE; ESTATE
TAIL; EXECUTORS AND ADMINISTRATORS;
FEME COVERT; FREEBENCH; LIMITATION
OF TIME; QUIT RENTS; REVERSION; RE
VOCATION; SEISIN; STAMPS; WILL;
WRECK.

689, n.

ib.

ib.

ib.

de facto may execute any ministerial acts in
111

court

whether de facto or de jure, he cannot grant
against the express commands of the lord ib.