114
113

112

a custom against it held to be void
semble, that a steward might have granted or
admitted out of court, provided the act was
entered on the court rolls
but previously to the above act, the steward,
in his mere character of steward, could not
have admitted out of the manor
ib.
may examine a feme covert as to her voluntary
consent out of court
114
distinction between acts incident to the office,
and voluntary acts, exemplified by Sir Ed-
ward Coke
114, &c.
whether any distinction between steward of a
manor, and steward of a court .. 113, n.,
114, n., 119, n.
frequently a special authority given to him to
make voluntary grants, and either in or out
of court; and sometimes extending to de-
puty steward
115, n.
a judicial office cannot be granted for a term of
years
one of two joint stewards may hold a court, and
perform ministerial acts out of court.. 116
but a grant to two of the stewardship of a court
baron for a term of years would determine
with the life of the grantees
115, 116
a judicial office, as, for instance, the steward-
ship of a court leet, cannot be granted in
reversion
116
nor an office partly ministerial and partly judi-
cial
ib., 703
semble, that the rule extends to the king.. 703
the law distinguishes between an entire office
comprehending two parts, and two distinct
offices comprehended under one name..116
and between the office of judge of a court of
record, and a judicial office exercisable by
deputy

115

ib.

semble, therefore, that the stewardship of a cus-
tomary court may be granted in reversion or
in futuro

at all events by the king

or by custom

ib.

ib.

ib.

a grant by deed of a stewardship for life is
good
ib., 117

the case of Bartlett & Downes

117, n.

a case in which the appointment was for life,
but the steward not permitted to contend
that he did not hold at the will of the lord,
in order to avoid payment of an annuity un-
der an agreement with the former steward ib.
the existence of grants of a stewardship for life
recognized in the above act of 4 & 5 Vict.
c. 35

how his salary is recoverable when appointed
by deed

STEWARD-continued.

is the lord's agent only as to the custody of
court rolls, and has been ordered to deliver
them over to the receiver in a cause

Page 118, n.
for life, his appointment not revoked by sale of
the manor, and therefore not by a devise of
it
117, 118
his remedy for any disturbance of his office 118
discharge by one of two joint-tenants of the
ib., n.

manor

whether he can be discharged, if he have a
fixed sum out of the profits of the court ib.
reference to pleadings in an action for disturb-
ance of a deputy steward, where the chief
steward was appointed by a corporation..ib.
is punishable by stat. Westm. 1, c. 33, for en-
couraging suits in courts baron and courts
leet, [see also Westm. 2, c. 36, p. 627, n.,]
and by 1 Jac.c. 5, for overcharges, App. 1177
whether the office is essential, or the lord may
hold his own courts

a stewardship, or bailiwick, not lying in tenure,
cannot be granted by copy
would not be justified, in equity, in admitting
a mortgagee, or his heir, after entry on the
rolls of a warrant of satisfaction.. 194, n.
being responsible for the proper entry on the
court rolls, it is the practice to leave sur-
renders taken by him in his hands .. 232
reference to the provisions of the above act of
4 & 5 Vict. with regard to a steward's fees
in cases of commutation, and in cases of
enfranchisement, and in respect of entries on
the court rolls under the 89th section, 392, n.
doubtful whether a steward can recover his fees
for copies made out but neglected to be de-
liverered as required by sect. 33 of 48 Geo. 3,
396, n., App. 943, n.

ib.

ib.

the office is forfeitable

117

for all services

See SERVICES.

must be taken by the lord, or the steward, or
his deputy

except by special custom
such custom must be pleaded

ib.
ib.
113, 125

a steward might have taken a surrender to his
own use, even out of the manor, 114, 125, n.
a tenant is not liable to an action for refusing
to take a surrender
126
by special custom surrenders are taken by a
person holding the office of clerk of a castle, ib.
and by a person called a deciner .. ib., n.
may be taken by the heir before admittance, 126
not by a copyholder after attainder, but the
competency is restored by pardon, and the
legal seizin remains in the copyholder until
the lord enters

may be made by attorney

ib.
127

SURRENDER-continued.

her husband's consent, though not privately
examined
Page 131
the assent will under circumstances be pre-
sumed
15.
his assent evidenced by his presence, and ad-
mittance under the surrender

..

ib.
held not to be binding where it was made by
persons calling themselves "his assignees
duly appointed," and no mention made of a
bankruptcy, and there being a custom for
stating in the surrender the due appointment
of such attorney
131, .
surrender by the wife alone under an agree
ment before marriage, or under articles of
separation, will not pass the legal estate,
but a surrender or devise by the wife may
be a good equitable disposition
the case of Compton & Collinson (the wife in
that case surrendered as a feme sole) ib., 133
the wife cannot defeat the right of the heir by
an agreement after marriage
132, .
under special circumstances (as the banishment
of the husband) the wife may act as a feme
sole; [and see sect. 91 of 3 & 4 Will. 4, c.
74]
133, 134
the wife need not, and therefore should not,
be joined in the surrender of the husband's

lands

..

..

132

134

ib.
by the husband of his wife's lands was not a
discontinuance
46, 47, 134, 135
but it would have barred the issue and re-
mainder-men, when the custom did not re-
quire a recovery
47

a contingent interest is not the subject of a
surrender

135

L

so that a surrender by husband and wife will
not pass an estate limited to the heirs of the
survivor, after previous life interests in the
husband and wife
ib. i
under a limitation to husband and wife, re-
mainder to the wife for life, such remainder
may be conveyed by surrender: but under a
a limitation to husband and wife for their
lives and the life of the survivor, neither of
them alone can surrender, for they take by
entireties
their surrender would pass a vested interest,
not only for their joint lives, but for the life
of the survivor
ib.

ib.

ib.
a person not in the seizin (as a contingent re-
mainder-man, or the heir in the ancestor's
lifetime) cannot surrender
ib., 138
for a surrender does not operate as an estoppel
135, 138
see sect. 6 of 8 & 9 Vict. c. 106, for amending
the law of real property, and which repealed
7 & 8 Vict. c. 76, referred to p. 138, n.

App. 1130

a reversioner and vested remainder-man are in
the seizin, and may surrender
138
a copyholder who has leased with licence is a
quasi reversioner
ib.
139

a disseisor cannot surrender

the interest undisposed of by a copyholder re-
mains in him as of his old estate
142
therefore a copyholder after surrender to will
may surrender to whom he pleases ib.
and the estate undisposed of under a power
given to another results to surrenderor.. ib.
to uses, the ultimate limitation being to the
right heirs of surrenderor, was within the
rule (which existed prior to 3 & 4 Will. 4,
c. 106, s. 3, App. 1069) that the heir took
by descent and not by purchase when both

ib.

a limitation which is good will be supported,
though others are void

144
to the lord is void, if the use be void .. ib.
when made generally, it operates as an extin-
guishment
ib.

except when an estate may be implied from the
admittance
ib.
uses of, cannot be varied by the admittance, as
the surrenderee is in by the surrenderor, ib.,
145

a variance in the person, or in the rent reserved
on the admittance, is equally within this
rule
ib.

a surrender by copyholder for life to the use of
another, except by custom, vests the estate
in the lord
145 & n., 360

a surrender to the lord for life, remainder over,
the remainder over is good, and the remainder-
man is in by the surrenderor
145, n.
of copyholds for a consideration, however in-
adequate, is not fraudulent as against cre-
ditors, under 13 Eliz. c. 5
145, 146
may be made with reservation of rent, and con-
dition of re-entry

194

is governed by the same rules of construction
as a common law assurance
146
therefore limitations unite, as in Shelley's case
ib.
but surrenders are subject to the same excep-
tions in reference to that rule as conveyances
of freehold
ib.
semble, that an estate cannot arise by implica-
tion in a surrender, any more than in a deed
at common law
ib.
with the exception, that when no estate is
mentioned in the surrender, it may be im-
plied from the admittance

147
a surrender allowing of an averment in cases of
uncertainty, if not opposed by legal maxims
ib.
and with the further exception that, by custom,
a surrender, however worded, may pass a fee
or any less estate
ib.
but Mr. Watkins was of opinion that an es-
tate could arise by implication in a sur-

render
ib.
observations on the exceptions to the above
rule, viz. 1st, uncertainty of description

assurances

ib., &c.
2ndly, the influence of particular customs
148, &c.
is not allowed to work a wrong, but passes only
the estate vested in surrenderor
149
illustration of the principle that surrenders are
governed by the same rules as common law
ib., &c.
the case of Fisher & Wigg considered ib.
the words "equally to be divided" held in that
case to be a tenancy in common in a sur-
render
150, 151
whether they have the same effect in a common
law conveyance
ib., &c., 153, &c.
clearly a similarity of construction in a sur-
render and a conveyance to uses
152

..

..

156

158

so the word "or" in a surrender may be read
"and"
157
rule of construction under a general descrption,
with a subsequent mistake
ib.
the addition of a particular description will re-
strain general words
ib.
grants, however general, may be restrained by
usage, so that words which would pass the
soil may only pass the fore-crop
whether an estate in futuro can be limited in a
surrender
159
the several authorities arranged and considered
ib., &c.
whether a fee can be limited upon a fee, 159,166
the several authorities arranged and considered
166, &c., 184, 185 & n.
Mr. Sanders dissented from the formerly re-
ceived opinion
171

the grounds of that dissent discussed.. ib., &c.
considerations on the effect of a power of ap-
pointment, with reference to the validity of
shifting uses in a surrender

..

175, &c.

SURRENDER-continued.

a surrender is not to be avoided by a steward's
inadvertence, so an entry on the roll is ast
conclusive, but a mistake may be shown by
averment in the pleading, or by evidence to
a jury
Page 204, 205

the case of Doe & Calloway

204

a rent reserved by a surrender is not the sub-
ject of surrender and admittance 205,D
but those would in equity be evidence of a con-

..

of copyholds, will not satisfy a general covenant
to purchase and settle lands
207,

will be supplied in equity when there is a
natural or moral obligation, and therefore is
favour of a wife and of children and cre
ditors

208, &e.
will be presumed in some cases
210
the lord cannot take notice of a covenant to
surrender
ib., 211
See AGREEMENT; COURTS OF EQUITY; Is
FANT; PRESENTMENT OF SURRENDER.
SURRENDER TO WILL; observations on the

repealed act of 55 Geo. 3, c. 192 .. 211
which statute embraced land held by copy of
court roll, though not at the will of the lord
ib., B.
but was repealed by 1 Vict. c. 26..ib., 236, n.
held to have supplied a mere formal surrender
only, and not a surrender by a feme covert,
who was to be privately examined as to her
133, 211
the case of Doe & Hickman decided that a sur-
render was supplied by the act, although the
testator had a power of appointment by will
attested by three witnesses, under the sur-
render by his vendor, and made a disposition
of the copyhold by a will attested by two
witnesses

consent

252

general terms of, may be restrained by the will
212
in some manors rendered unnecessary by spe
cial custom, even before the repealed statute
the custom of the manor of Barton upon Humber

213

but not for legatees

216 & n.
216

..

..

218

ib.

nor for creditors, when there were sufficient
freeholds
218, 238, &c.
when supplied for creditors, the court decreed
238, n.
an account of the rents
not supplied against the customary heir, being
a child, unless such heir had a provision
from the parent, or aliunde
but the amount of the provision was not im-
portant
difference of opinion between Lord Rosslyn
and Lord Alvanley on this point ib., 219
the provision must not have been illusory, 219
the equity of a wife, &c., prevailed against a
ib.
collateral heir, though unprovided for
a wife or children having a provision were not
denied the benefit of the rule
ib., 220
nor affected by the persons in remainder not
being within the rule
nor by the person taking a particular estate not
being within the rule

..

220

ib.

nor by the devise being of a remainder only, ib.
nor was it of importance that the custom per-
mitted a devise of the beneficial interest only
220
nor, under a devise to children, that the wife
was entitled to freebench, or as heir to the
ib.
husband, by custom
nor that the only provision for her was an an-
ib.
nuity out of the copyhold
the rule extended to gavelkind and borough-
ib.
English tenure
grandchildren were not within the above rule;
but there would seem to have been a dis-
tinction when the father was dead, 221, &c.
nor were natural children within the rule, 222
nor any collaterals

nor strangers; nor volunteers
might be presumed in some cases

T.

Page 7, 14, &c.
544, 545, &c.

TENANTS BY THE VERGE; copyholders
so denominated

285

TENANTS IN COMMON; rules applicable

to their admittance

..

..

297

348

to the fine payable by them to the lord
to the services they are to perform for their co-
.. 365
pyholds
being solely seized, a heriot is due from each, 378
the cases of Garland & Jekyll, and Holloway
& Berkeley, overruling Attree & Scutt, as to
the effect of a re-union of undivided shares
of copyhold property
ib., 383, &c.
See COURTS OF EQUITY; EJECTMENT.

..

675

TREASON. See ESCHEAT (as applicable to
freeholds); FORFEITURE; LEET, s. 5 (Ar-
ticles inquirable.)

TREASURE TROVE; not specified among
the manorial rights excluded from the ope-
ration of 4 & 5 Vict. c. 35, by the 82d sect.,
unless expressly commuted, but embraced by
the general words of that section, 655, 656, n.