BOARD OF AGRICULTURE-continued. instructions issued by, for effecting exchanges, partitions, &c., 445. instructions issued by, as to regulation and inclosure of commons, 459. minute of, as to copyhold enfranchisement, 466. scale of enfranchisement compensation framed by, 473. form of order by, extending time for appointment of valuer appointment of valuer or umpire by, 484. decision of, as to enfranchisement compensation, 488. appointment of trustees by, 489. fees taken by, in respect of transactions under Copyhold and Inclosure Acts, 452, 493. BOND-LAND, 131. BORDER DISTRICTS, tenure-services customary in, 5. evidence of customs in, 343. BOROUGH, customs in ancient, 7, 8. how individual burgess may claim benefit of a right belonging to corporation of, 260. effect of alteration of limits of, on claims by freemen of, 260. BOROUGH-ENGLISH, CUSTOM OF DESCENT IN, when running with land, 127, 129. extinguished by enfranchisement of copyhold, 127, 129. what commonly implied by, 127. proper meaning of term, 128. where chiefly found in copyholds, 129. varieties of, 129, 130. "junior right" is name given to a variety of, 129. instances of customary descent more extensive than, 129–132. restriction of custom, 132, 133. effect of Inheritance Act, 1833, on, 133, 142, 143. when females preferred, 133. to what estates custom extends, 135. how descent according to, may be altered, 136. rights of entry may be subject to, 137. what hereditaments may be subject to, 137, 138. does not extend to tithes, 138. whether it extends to rentcharges, &c., 138, 139. posthumous son may take as heir according to, 140. BOROUGH-ENGLISH, CUSTOM OF DESCENT IN-continued. effect of abolition of immediate inheritance between brothers half-blood now admitted to succession in, 146, 147. BOTES. See Estovers. BOUNDARY, of manor, presumption as to, 12. of intermixed lands, usual conditions of sale as to, 75. how ascertained, 120. of lands belonging to ecclesiastical corporation, how ascertained, alteration of, may occasion forfeiture of copyhold, 228. effect of enfranchisement on, 228, 417. when commission to distinguish, will issue, 228. reputation, 329. cannot be proved by award of arbitrator, 332. may be proved by perambulations and ancient leases, 335. BUILDING SOCIETY, admittance of, to copyholds on mortgage, 102. discharge of mortgage belonging to, 103. BURGAGE, TENURE IN, nature of, 6, 7. where found to exist, 7, 326. customs of descent in, 7, 128, 129. as to dower in, 8, 158. curtesy in, 168. evidence of, 326. BURIAL GROUND, conveyance of portion of waste by lord for, 298. BYE-LAWS, homage jury may make, for regulation of common, 256, 307. for regulation of common cannot be made in court leet, 302. when and to what extent tenants of do not bind strangers, 308. CAMBRIDGE, UNIVERSITY OF, power of, to enfranchise copyholds, CAPITULAR ESTATES. See Episcopal and Capitular Estates Acts. CATTLE-GATE, what it is, 16, n. distinct from rights of common, 16. may be copyhold, 16. CERTIFICATE, by steward, of enrolment of licence to demise, 37. of discharge of mortgage, 103. of charge of enfranchisement compensation, by Board of Agri- form of, 406. effect of, 406. by Board of Agriculture as to enfranchisement expenses, 408, 409. CHARGE, by tenant in tail, effect of, in barring entail, 30. lands subject to separate, may be exchanged, &c. under Inclo- when not affected by exchange, &c. under Inclosure Acts, 116, of enfranchisement compensation, how effected, 406, 407. priority of, 406, 407. of consideration and expenses by lord when purchasing tenant's on manor, transfer of, by Board of Agriculture, 408. of compensation payable to steward on enfranchisement, 414. of copyhold to be specified in separate deed, 61. enrolment of deed specifying, 61. payment of enfranchisement compensation where manor held on, 404, 405. Acts relating to, 404. CHATTEL INTERESTS, term of years, 34, 35. tenancy at will, 37. tenancy at sufferance, 37. tenancy by elegit, 37. CHINA CLAY, Ownership of, 234. CHRIST CHURCH, OXFORD, not an ecclesiastical corporation for purposes of Copyhold Acts, 368. to be deemed a college of the University of Oxford for enfran- See also University Estates. CHURCH, Conveyance of portion of waste for erection of a, 298. CHURCH BUILDING ACTS, enfranchisements by limited owners, &c., under, 438. powers of Ecclesiastical Commissioners to take lands under, CHURCH ESTATES COMMISSIONERS, consent of, necessary to exchanges and enfranchisements by must confirm enfranchisement deed by ecclesiastical corpora- powers of, as to application of enfranchisement consideration, as to apportionment of rents, fines, &c., on enfran- CHURCH LANDS, survey of, 334. CHURCHYARD. See Burial Ground. CLAY, copyholder not entitled to take, from his own tenement, 234. lord's right to, not affected by compulsory enfranchisement, COAL, 416. right of lord to, 232, 233. interest of copyholder in, 232-235. copyholder may have right to, by special custom, 235, 236. lord's right to, not affected by compulsory enfranchisement, 416. COKE, LORD, subjects of copyhold tenure according to, 13, 14. explanation of moveable fee simple, 15. distinction between general and particular customs, 18, n. on voluntary grants by lord, 47, 48. on surrenders, 60. on forfeiture for waste, 226. on lord's claim to common, 274. on distinction between court baron and customary court, 303. COLLEGE ESTATES. See University Estates. lord cannot make copyhold grants, 48, 49. powers of, under Copyhold Acts, 377, 381, 382. (a) lord's rights over, nature of, 272, 273. determined by usage, 273. COMMON-continued. (a) lord's rights over-continued. remedies against stranger turning cattle on, 275. lord may approve under Statute of Merton, &c., 276-278. power of lord to convey portion of common for site of church, school, &c., 298, 299. (b) inclosure of, destroys common of vicinage, 252. under statutes as to approvement, 276-278. requisites of statutory inclosure, 277. by custom without consent of homage, when, 279. under licence from lord, 279, 280. by lord with consent of homage under custom, 280–282. how made under custom, 282. custom for lord to make, at discretion void, 282. when consent of freehold tenants necessary to, 283. when tenants may make, 284, 285. by encroachment, 285, 286. by agreement, 286. by local Inclosure Acts, 286, 287. under Inclosure Acts, 1845 to 1882...287-290. proceedings for, now regulated by Commons Act, 1876...289. not favoured as against regulation of a common, 289. by compulsory acquisition under Lands Clauses Consolidation Act, 292-296. under statutes to promote growth of timber, &c., 296–298. by conveyance of portion under 51 Geo. III., c. 115...298. under School Sites Acts, 298. under Literary and Scientific Institutions Act, 1854...299. of portion by guardians of the poor, 299. Board of Agriculture may order production of documents instructions issued by Board of Agriculture as to, 459. form of application for Provisional Order as to, 465. (c) regulation of, procedure to obtain, provided by Commons Act, 1876...289. when bye-laws for, may be made by homage, 307. form of application for Provisional Order as to, 464. COMMON, RIGHTS OF, when the subject of copyhold tenure, 14, 17, 18. to be distinguished from separate shares in common pasture, 16. who may be entitled to, 248. how copyholders may claim, 248, 249. how freehold tenants claim, 249, 257. various kinds of, claimable by copyholders, 249, 250. |