OBSERVATIONS ON COPYHOLDS.

Mode of alienating

THE usual mode of alienating copyholds is by a copy holds. surrender into the hands of the lord of the manor of which the lands are held, and the consequent admittance of the tenant or purchaser, by whom a fine is paid. The fine, except perhaps on the admittance of joint-tenants, does not generally exceed two years' improved value of the land. (1 Watk. Cop. 308; 1 Scri. Cop. 388). These proceedings are formally entered on the court rolls, and a copy of the court roll is delivered to the purchaser. The admission should be made in strict accordance with the terms of the surrender; and if there is any variation, the admittance will nevertheless operate according to the surrender. (1 Scri. Cop. 379).

Form of admission.

Admission

of joint

Joint-tenants are but one tenant to the lord, and tenants, &c. coparceners are but as one heir; so that the admission of one of many joint-tenants or coparceners is the admission of all. They are consequently admitted on the payment of one fine. (1 Scri. Cop. 411). Joint-tenants or coparceners, when once

common, &c.

of represen

admitted, can, without the payment of any additional fine, release their share to each other by deed of release. Tenants in common, on the other hand, Tenants in must be admitted severally, and a fine must be paid in respect of the share of each. On the death Admission of tenants in common and coparceners, as there is tatives of no survivorship, their heirs and representatives must be admitted, and pay several fines for the shares to which they respectively may be admitted. (1 Seri. Cop. 364, 365).

tenants in

common, &c.

of tenant

The admission of a tenant for life or years is the Admission admission of those in remainder, and only one fine for life. is payable in respect of such admittance, except by special custom, although it may be apportioned between the tenant of the particular estate and remainderman, so that the remainderman may pay his proportion of the fine on coming into possession. (1 Scri. Cop. 405, 406).

interests.

An equitable interest in copyholds may be as- Equitable signed by deed, but it cannot be surrendered except in the case of an estate tail which by the custom of the manor is barred by surrender. (1 Scri. Cop. 262).

copy holds.

Copyholds can only be leased by the copyholder Leases of for one year, or for any less period, without the license of the lord, unless there is a custom in the manor enabling the tenant to lease for a larger period, and an actual lease without license for any period not warranted by the custom of the manor would operate as a forfeiture. Copyholds may also Forfeiture by be forfeited by the tenant's voluntary or permissive waste, such as pulling down houses, cutting down trees, digging for mines, failing to keep the property

waste, &c.

Free bench.

Testamentary direc

and scheme

for saving

double fine.

in good repair, &c. &c., or any other act or omission whereby the property should become deteriorated. A forfeiture may also be incurred by neglect to attend the customary court after being summoned, or by a refusal to pay the fine when certain or reasonable, or the customary rent when demanded, or by wilfully withholding his services, &c. (1 Scri. Cop. 516, et seq.)

The widow of a copyholder is not dowable except by custom. She is more commonly provided for by an estate in her husband's lands called free bench, which is generally limited to the lands of which her husband dies seised, and in some instances is by the custom limited to the duration of the wife's widowhood. In some manors free bench extends to the whole of the husband's lands, and in others only to a part of them. (2 Watk. Cop. 68, 88).

A widow is not entitled to free bench out of a trust of copyholds (1 Scri. Cop. 93); and free bench may be defeated by the alienation of the husband, or even by his contract for sale. (1 Scri. Cop. 163).

When a testator has in view an immediate contions to sell, version of his copyhold lands, it is usual, instead of devising them to the trustees upon trust for sale, to direct or authorize the trustees to sell them, in order to save the necessity of a double admittance and a double fine, for, in the event of the property being sold under such a direction before the issuing of three proclamations, and before notice has been served on the customary heir, the purchaser is entitled to be admitted on the payment of a single fine. (See, accordingly, Glass v. Richardson, 22 L. J. Ch. 105).

surrender.

The surrender, or a copy thereof, must be Stamp on the stamped with the ad valorem duty; and when copyholds, together with freeholds or leaseholds, are sold at an entire sum, the purchaser is entitled to apportion the purchase money as he thinks fit.

No. XIII.

DEED of COVENANT to surrender a COPYHOLD ESTATE, COPYHOLDS. with COVENANTS for TITLE.

THIS INDENTURE, made the

seisin,

for sale.

part.

A. B. of &c. [vendor], of the one part, and C.D., of &c. [purchaser] of the other part: WHEREAS the said A. B. is seised or entitled Vendor's to him and his heirs, according to the custom of the manor of in the county of, of or to the copyhold or customary hereditaments hereinafter particularly mentioned and cove nanted to be surrendered, and he hath contracted and agreed and contract with the said C. D. for the absolute sale to him of the same copyhold or customary hereditaments, and their appurtenances, and the inheritance thereof in possession, according to the custom of the said manor, free from all incumbrances, except the suits, services, rents, fines and heriots therefore due, and of right accustomed, at or for the price or sum of £: NOW THIS Witnessing INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of £ to the Considerasaid A. B. paid by the said C. D., on or immediately before the execution of these presents, the receipt of which said sum of £he the said A. B. doth hereby acknowledge, and of and from the same and every part thereof doth acquit, release and discharge the said C. D., his heirs, executors, administrators and assigns for ever by these presents, he, the said A. B., doth vendor cove hereby for himself, his heirs, executors and administrators, render. covenant with the said C. D., his heirs and assigns, that he, the said A. B., or his heirs, shall and will, at the costs and charges of the said C. D., his heirs or assigns, at or before the next

tlon.

nants to sur

COPYHOLDS.

purchaser in

fee.

Covenant by

vendor that

he is seised

in fee.

court to be holden in and for the said manor of

surrender or cause to be surrendered into the hands of the lord or lady, lords or ladies of the said manor, according to the custom of the said manor, to the use of the said C. D., his heirs and Copyholds to assigns, ALL, &c. [parcels, general words], TO HOLD the same, TO THE USE of the said C. D., his heirs and assigns, at the will of the lord or lady, lords or ladies of the said manor, according to the custom of the said manor, by and under the suits, services, rents, fines, and heriots therefore due and of right accustomed: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his heirs and assigns, that notwithstanding any act, deed, matter or thing by him the said A. B., or by any person or persons claiming from, under, or in trust for him, made, done, omitted, committed, executed, or knowingly or willingly suffered to the contrary, he the said A. B. is now lawfully and absolutely seised of, and well entitled to the said hereditaments and premises hereinbefore covenanted to be surrendered for a good and indefeasible estate of inheritance in fee simple in possession, according to the custom of the said manor, and by and under the suits and services, rents, fines and heriots therefore due and of right accustomed. AND THAT for and notwithstanding any such act, deed, matter or thing as aforesaid, he, the said A. B. now hath in himself good right and absolute authority to surrender the said hereditaments and premises hereby covenanted to be surrendered, to the use of the said C. D., his heirs and assigns, according to the custom of the said manor, in manner aforesaid, according to the true intent and meaning of these presents: AND THAT it shall be lawful for the said C. D., his heirs and enjoyment; assigns, at all times hereafter, peaceably and quietly to hold, possess and enjoy the said hereditaments and premises, and to receive the rents and profits thereof, and of every part thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, eviction, claim or demand of or by the said A. B., or his heirs, or by any other person or persons lawfully claiming or to claim by, from, or under, freedom from or in trust for him, them, or any of them: AND THAT free and clear, and freely and clearly and absolutely acquitted, exonerated, released and for ever discharged, or otherwise by the said A. B., his heirs, executors, and administrators,

for right to surrender;

for peaceable

incumbrances;