Page images
PDF
EPUB

CONVEYANCING AND LAW OF PROPERTY ACT, 1881,

as to conveyance of manor, 13.

as to appointment by married woman of an attorney, 57, 58.
as to deed of conveyance by mortgagee of copyholds selling
under, 81.

repeal of, as to devolution of trust and mortgage estates in
copyholds, 101.

as to production of title to enfranchise, 356.

as to recovery of rent-charges, 400.

COPARCENERS,

nature of their estate, 21.

conveyances and releases by, 22, 187, 190, 191.
admittance of, 73, 156.

fines and fees payable by, 183, 190, 191, 322.
fines payable on conveyance by, 187.

suit of court by, 198.

heriot-custom on alienation by one, 202.
relief on death of one, 210.

COPROLITES, Ownership of, 234.

COPYHOLD ACTS,

dates and short titles of, 359.

fees of Board of Agriculture for transactions under, 493.

(a) Act of 1841,

as to grants by lord or steward, 49.

as to enrolment of surrenders, &c., 65.

as to holding of customary courts, 303, 304, 305.
definition of "steward" in, 310.

as to general and scheduled commutations, 360, 361.
definition of "lord" in, 366.

effect of commutations and enfranchisements under, 364,
374, 414.

steward's compensation on commutation and enfranchisement under, 412.

agreements by ecclesiastical corporation for commutation and enfranchisement, 428.

powers of Board of Agriculture to determine disputes as to manorial rights, 440.

reference to arbitration of disputes, 441.

extracts from, 519-522.

(b) Act of 1843,

consideration for commutations and enfranchisements, 362, 369.

extends definition of "lands" in Act of 1841...368. (c) Act of 1844,

consideration for commutations and enfranchisements, 363.

(d) Act of 1852,

as to custody of court rolls, 316.

as to mortgagee enfranchising, 367.

as to extinguishment of claims to heriots, 374.

makes enfranchisement compulsory, 375.

as to expenses of compulsory enfranchisement, 409.
steward's compensation for enfranchisement, 412.
And see pp. 523–539.

COPYHOLD ACTS-continued.

(e) Act of 1858,

commencement of rent-charges, 372.

charge of enfranchisement consideration on land, 373.
compulsory extinguishment of heriots, &c., 374, 379.
commencement of enfranchisements, 398.

charge of enfranchisement consideration, 406.
And see pp. 540–555.

(f) Act of 1887,

admittance by attorney, 70.

inclosures from wastes as copyholds, 279, 280.
custody of court rolls, 316.

notice to tenant of right to enfranchise, 323.

lord's right to escheat, 354.

declaration of title by lord, 366.

definition of " lord," 366.

of "tenant," 367.

receipt for enfranchisement compensation, 370, 371.
days of payment of rent-charges, 372, 399.

charge of enfranchisement compensation and expenses,
373, 406, 407, 411.

compulsory extinguishment of manorial rights and in-
cidents, 374, 375, 379.

commencement of compulsory enfranchisement, 398.
commencement of enfranchisement rent-charge, 399.
remedy for recovery of expenses, 409.

steward's compensation, 413.

enfranchisements in manors where derivative interests

entered on court rolls, 420–423.

And see pp. 556–571.

COPYHOLD COMMISSIONERS. See Board of Agriculture.

COPYHOLD TENURE,

definition of, 1, 2, 5.

how distinguished from freehold tenure, 2, 324.

how connected with tenure in villeinage, 3.

varieties of, 5.

in ancient demesne manors, 7.

subjects of, 13-18, 280.

customs regulating, varieties and requisites of, 18-20.

evidence of, 338-340, 342.

whether encroachment by copyholder is of, 285.

estates in, nature of, 21-45.

may be assets for payment of debts, 66.

may be taken in execution, 66.

what statutes applicable to, 121–125.

customary descent of, 126-147.

incidents attaching to, 157, 166, 169, 170, 196-198,

210, 211, 220, 223-225, 228, 232.

evidence of, 324.

extinguishment of, 349-351.

suspension of, 350.

enfranchisement of, at common law, 352.

under Copyhold Acts, 359–418, 420–423.

COPYHOLD TENURE—continued.

enfranchisement of, under other Acts, 418, 423, 428, 434, 437. effect of commutation of manorial rights on, 364.

COPYHOLDERS,

why so called, 1, 2.

rights of, against lord in time of Hen. VI., 4.

Edw. IV., 4, 5.

common law conveyances by, 13, 92.

may be tenants in common of woods, underwoods, &c., 15, 16. estates of, 21–45.

how entitled to convey or devise, 50–95.

what statutory conveyances may be used by, 96-121.

incidents attaching to estates of, 126-147, 157, 166, 169, 220, 223-225, 228-232.

liabilities of, 170, 196-198, 210, 211.

may claim rights of common by custom, 249.
inclosures from the wastes by, 284-286.

duties of, in a customary court, 304.

rights of, as to court rolls, 312-316.

to commute manorial rights, 361, 374.
to enfranchise, 365, 375, 378.

COPYHOLDS OF INHERITANCE,

nature of estates in, 25.

absolute estates in, 25.

conditional fee in, 25, 26.

qualified fee in, 26.

estates-tail in, creation of, 26.

bar of, 27-32.

estates for life in, nature and creation of, 32.

estates pur autre vie in, 33.

general and special occupancy in, 33, 34.

descendible freeholds in, 34.

quasi entail in, 34.

terms of years in, 34-37.

other chattel interests in, 37.

special customs in, as to ownership of trees and minerals, 235.

COPYHOLDS FOR LIVES,

doctrine of resulting trusts in, 23, 42.

nature of estates in, 37.

where chiefly found, 37.

description of tenure, 37, 38.

varieties of, 39, 40.

customs of barring lives by first taker, 40, 41, 345.

what estates may be granted in, 41, 42.

right of renewal in, 43, 344.

nomination of successor in, 43.

quasi copyholders in fee, who so called, 43.

preferential claim to renewal in, 43.

renewals by persons having limited interests in, 44.

heir of tenant in, rights and estate of, 74, 149.

freebench of widow in, 159.

when tenants in, entitled to trees and minerals, 235, 236. enfranchisement of, at common law how effected, 354, 355.

COPYHOLDS FOR LIVES-continued.

what tenants in, may agree to enfranchise under Copyhold Acts, 1841 and 1843...368.

compulsory enfranchisements in, when competent, 368, 376,

380.

right of renewal in ecclesiastical manors, ascertainment of, 117, 368, 429.

COPYHOLDS FOR YEARS,

nature of, 44.

when renewable, 44.

where chiefly found, 44.

doctrine of resulting trusts in, 45.

renewals of, by persons having limited interests, 45.

evidence as to right of renewal in, 344.

Copyhold Acts, 1841 and 1843 extend to, 368.

compulsory enfranchisements in, when competent, 368, 376, 380.

right of renewal in ecclesiastical manors, ascertainment of, 117, 368, 429.

CORNWALL, DUCHY OF,

enfranchisements in, how effected, 427, 428.
enrolment of enfranchisement deed, 428.

CORPORATION,

lord may refuse to admit, 51.

deed poll by, under Lands Clauses Consolidation Act, 1845... 107.

may claim right of common in gross, 259.

right of pasturage may belong to, 259.

how burgess may claim benefit of right of common belonging to, 259, 260.

appointment of steward of manor by, 309.

may appoint agent for enfranchisement purposes, 377, 381.
payment of enfranchisement compensation to, 404, 405.
enfranchisement by, for redemption of land tax, 437.
See also Ecclesiastical Corporation.

Costs,

of vendor, practice as to, 76.

of purchaser, practice as to, 76.

stipulations as to, 76.

of Board of Agriculture in inquiries, &c., under Copyhold or Inclosure Acts, 259, n., 422, 441.

of commutation and voluntary enfranchisement, 408.

of compulsory enfranchisement, generally, 409.

if lord is a trustee, 409.

if tenant is a trustee, 410.

of disputes as to title in enfranchisements, 411, 412.

of redemption of rent-charge, 412.

of Board of Agriculture on taxation of enfranchisement expenses, 442.

COTMAN LAND, descent of, 132.

COTTAGERS, rights of, in common fields, 291.

COURT ROLLS,

evidence of copyholders' titles, 1, 2, 313, 345.
not evidence in tenant right estates, 6.

enrolment of disentailing deed on, 28-30.

of licence to demise by lord of settled manor, 37. description of tenements in, to be used in surrenders, 52. enrolment of uses of surrender on, unnecessary, 60, 313. of surrenders on, effect of, 65.

of acknowledgment of satisfaction of mortgage, 67. of covenants of title on, unnecessary, 73. steward's duty as to copies of entries on, 75, 313. usual covenants to produce copies of, on sales, 77. enrolment of devise on, 85.

of deed of conveyance by tenant for life under Settled Land Acts, 104.

of deed of conveyance under Lands Clauses Consolidation Act, 107.

of deed of exchange of copyholds in common fields,

111.

of assessment of fine on, unnecessary, 174.

tenant not obliged to take copy of, 313.

when court will reform entries in, 313, 347.

who entitled to custody of, when in use, 314.

when and to whom inspection of, allowed, 314-316, 356, 417. when Board of Agriculture may fix fees for inspection of, 316,

417.

custody of, when all lands enfranchised, 316, 417.

when Master of the Rolls may fix fees for inspection of 316. effect of presentments in, as evidence, 334.

when evidence as to certainty of fines, 344.

copies of, stamp duty on, 346, 578.

when admissible as evidence, 347.

draft of entry in, admissible as evidence, 347.

deed of enfranchisement should be entered on, 359.

award of enfranchisement to be entered in, 397.

steward's fee for inspection of, after enfranchisement, 316,

413.

COURTS, MANORIAL,

now rarely held, 300.

holding of, not necessary to prove existence of manor, 327. evidence of proceedings in, 348.

extract from Close Roll of 18 Hen. III. as to holding of, 507. (a) court-baron,

a necessary incident to every legal manor, 9, 300.

duties of freehold tenants in, 300, 304.

steward is registrar of, 300.

what necessary to constitute, 300.

anciently held every three weeks, 300.

when usually held now, 300.

lord may be compelled to hold, 300.

not to be held too frequently, 300.

when right to hold will be lost, 300, 301, 336.
where it should be held, 301.

E.

R R

« EelmineJätka »