cessive short terms of years with a tenant-right of renewal descending to the heirs (q). And elsewhere there are similar estates without a right of renewal. The same rules, as to resulting trusts and renewals by persons having a limited interest, apply to copyholds for years as are mentioned above as applicable to copyholds for lives. (a) See Rowe v. Brenton, 8 B. & C. 737, 738. CHAPTER III. CONVEYANCES OF COPYHOLDS. Modes of conveyance. Voluntary grant. In this chapter it is intended to discuss the various methods by which estates in copyholds are created and conveyed. The most important of these modes of assurance are voluntary grants, surrender and admittance, and devise of copyholds: there are also certain statutory forms of conveyance appropriate to particular cases, and certain occasions on which interests in copyholds may be transferred by an ordinary deed. All these will now be briefly discussed in the order in which they have been mentioned above. I. VOLUNTARY GRANT. Every lord of a manor for the time being may re-grant copyholds which have come into hand, whether by escheat, forfeiture, or any other manner of determination of a former grant, or by his acquiring the copyhold, or by the tenant acquiring the lordship. And the tenement may remain in hand for any length of time and yet be granted as copyhold again, provided that no common-law estate exceeding a tenancy at will has been created in the land by an owner seised in fee (a). The act of a limited owner can only suspend the power during the continuance of his estate. Thus, if the tenements which have come into hand are granted to tenants from year to year by the owner in fee of the manor, the demiseable quality of the tenements (a) French's Case, 4 Rep. 31 a. will be gone, and the custom of re-granting them to be held by copy of court-roll will be destroyed, and they will cease to be parcel of the demesnes; but if they are granted for any common-law estate exceeding a tenancy at will by a lord who has not the fee simple of the manor, such a grant will not permanently sever them from the manor as against succeeding lords, and on the determination of the estate which has been created the right of re-granting the tenements as copyholds will be available to the lord for the time being (b). lord's interest grants. The quantity of the lord's interest, so long as it is law- Quantity of ful and in possession, is not material. Thus, Lord Coke when making says: "In voluntary grants made by the lord himself the voluntary law neither respecteth the quality of his person nor the quantity of his estate, for be he an infant, and so through the tenderness of his age insufficient to dispose of any land at the common law, or non compos mentis, an idiot, notwithstanding these infirmities and disabilities, yet he is capable enough to make a voluntary grant by copy;. . . and the quantity of the lord's estate is no more respected than the quality of his person, for if his interest be lawful, be his estate never so great or never so little, it is not material; for be it in fee or be it in tail or dower, or as tenant by curtesy, for life, or for years, as guardian, or as tenant by statute, or as tenant by elegit, or at will, the least of these estates is a sufficient warrant to the lord to grant any copyhold escheated unto him for as long time as the custom doth allow, the ancient rents and services being truly reserved" (c). And in one case a person who has no legal interest can make such grants, as where a testator directs his executors to grant out copyholds for the payment of his debts (d). According to general principles the grant of any person having a temporary or limited. (b) Ex parte Lord Henley, Re The London & S. W. Rail. Co., 29 Beav. 311. (c) Co. Copyh. s. 34; Clarke v. Quality of lord's estate material. Where lords are joint tenants or tenants in common. interest would determine with the determination of that interest, but copyhold grants of a lord who is a limited owner remain valid and effectual after his estate has ceased, for the reason that "a copyholder does not derive his estate out of the lord's estate only, for then the copyholder's estate would cease when the lord's interest determineth, but the life of the copyholder's estate is the custom of the manor; and therefore whatsoever befalleth the lord's interest in his manor, be it determined by the course of time, by death, by forfeiture, or other means, yet if the lord were legitimus dominus pro tempore, how small soever his estate was, that is enough" (e). But the custom must be strictly observed, and if the custom does not permit of parcelling or dividing the tenements which have come into hand, or of apportioning the rents, a grant by the lord not conforming with the custom in these respects will be void (f). But although the quantity of the lord's estate is immaterial, regard must be had to the quality of his estate; for "if the lord, or he, whosoever he be, that maketh a voluntary grant by copy hath no lawful interest in the manor, but only a usurped title, his grant shall never bind the right owner," but will be void as against him when he has recovered the manor by action or entry (g). The grant of one joint tenant of a manor will bind the other, but tenants in common must join in the grant, because they have separate estates (h). The steward or deputy, if properly authorised to do so, may make voluntary grants in the name of the lord, and his authority will not be revoked by the subsequent mental incapacity of the lord. In Blewitt's Case (i), it appeared that the lord of a manor, who had granted the office of steward to one for life, was afterwards found to be a lunatic, and that his (e) Co. Copyh. s. 34. (f) Co. Copyh. s. 41; Doe d. Rayer v. Strickland, 2 Q. B. 792. (g) Co. Copyh. s. 34; Clarke v. Pennifather, 4 Rep. 23 b. (i) Ley, 47. estate had been committed to the care of certain persons. It was held that these committees could not make grants, as they had no estate in the manor, and that the lord, by his steward, might grant; but in the special circumstances it was ordered that the steward should grant none without the privity of the committees. 1841. By the Copyhold Act, 1841, s. 87, it is made lawful Copyhold Act, for every lord or steward, or persons acting as such, to grant copyholds at any time or place, the lands being granted only for such estate as the grantor has authority to make. When duly made, the grant will bind the inheritance, Effect of even if the estate is reversionary and does not take effect grant. in possession during the estate of the person who made the grant, provided there is a custom in the manor enabling the lord to grant in reversion (k). take a volun tary grant. Any person may take under a voluntary grant who is Who may capable of purchasing land at law; but a husband could not grant a copyhold to his wife without the intervention of a trustee (1); nor can a lord, who is lessee of a manor, grant a copyhold to himself, " for a man cannot be a copyholder of a manor whereof he is lord" (m). may be With regard to the estate which the lord may grant, What estate the rule is, that where the lord may by the custom grant granted. in fee simple, he may grant for any less estate, though there never had been such a grant of the tenement formerly (n). As such copyhold grants derive their force and effect from the custom of the manor and not from the estate of the lord, they will have priority to any charges or incumbrances created by the lord, even though prior in date to the grant (o); and it has been held that the lands (*) Co. Copyh. s. 34; Carew's Case, Moo. 147; Gay v. Kay, Cro. Eliz. 661; Gilb. Ten. 204. (1) Co. Copyh. s. 35; Firebrass d. Symes v. Pennant, 2 Wils. 254; but see now 45 & 46 Vict. c. 75, ss. 1 (1), 2, 5. E. (m) Christchurch, Oxford (Dean and Ch.) v. Buckingham (Duke of), 17 C. B. N. S. 391. (n) Co. Litt. 52 b; Gravenor v. Todd, 4 Rep. 23 a. (o) Sands v. Hempston, 2 Leon. 109. E |