Imágenes de páginas
PDF
EPUB

ADMITTANCE-continued.
nor is such a custom binding on persons under
disability, as an infant or feme covert

Page 288
the seizure must be quousque, and, in the case
of co-heiresses, of the particular share only,

288, 289
the duty of the bailiff on executing the precept
of seizure

289
when claimed by an infant, feme covert or

lunatic, the act of 1 W. 4, c. 65, (repealing
9 G. 1, c. 29,) to be pursued

ib.
the act is general as 10 persons claiming by

descent or surrender to will, or otherwise,

ib. n.

..

enter

man

but the act is not imperative on the lord, when

admittance of the party under disability is
not claimed

289
the lord should not seek an appointee, 289, 290
the infant and not the guardian is to be ad-
mitted

290
what the heir may, and may not do, before ad-
mittance

ib.
if refused admittance by the lord, the heir
would be ter-tenant

ib, 291
so a widow who challenged her right to ad.
mittance to free-bench

• 291
is merely as between lord and tenant ib.
therefore an admittance need not be memo-
rialized under the annuity act

141, n.
if the heir die before admittance, his heir may
and such death will not prevent free-bench or
curtesy

ib.
nor a possessio fratris

, if there has been an
entry

ib.
the entry of a disseisee is sufficient without re-
admittance

ib.
of surrenderee cannot be compelled, except by
custom

ADMITTANCE-continued.

and by descent, but does not give validity

to an intermediate surrender Page 293, n.
whether the doctrine of relation extends to cus-

tomary freeholds passing by bargain and sale,

or surrender, and admillance .. ib.
the relation is merely as between surrenderor
and surrenderee

406, R.
not necessary to entitle a surrenderee in pos.
session to maintain trespass

.. 293
after his admittance he may have debt of all
the rent

.. ib.
no title in the heir of an unadmitted surred-

deree, nor in the devisee of an unadmitted de
visee until admittance (reference to I Vict.
c. 26, s. 3, authorizing a devise before ad.
mittance)

ib. and D.
distinction in the effect of their admittance, 293
the case of Doe & Vernon

ib.
prior to above statute, a devise by an unadmitted

devisee was not good, though he was subse-
quently admitted

ib. n.
when claimed adversely, a chain of legal title
is to be the steward's guide

294
whether after a decree in the manor court the
lord may seize and admit the rightful tepant,

ib.
of tenant for life or years admits all in re-
mainder

ib.
but such admittance does not create an actual

seizin in the remainder-men 294, 295
semble, that the admission of a devisee for life

is the admission of the reversioner ib. n.
an appointee is in the situation of a remainder-

300
is necessary of the surrenderee of tenant for life,

295
and of the heir or surrenderee of remainder-man

or reversioner, and of devisee of reversion ib.
but by custom a remainder-man is to be ad.

mitted
a custom for remainder-men to be admitted and

fine, must be clearly established . ib.
reference to the resolution in Brown's case,

that though the admission of tenant for life
vests the estate in remainder-men, the lord

shall have bis fine due by custom ib, n.
not necessary, when the party remains in of his
old seizin

295
but on surrender to uses, the tenant taking back

a life estate, he must be re-admitted ib.
on the surrender of a surviving trustee to the

use of himself and others, he takes a new
estate and must be re-admitted, and, as
regards the lord's fine, he will be deemed a
newly appointed trustee

ib.
of joint tenants

296
of coparceners

296, 297
separate admissions would not affect the title
of coparcenary

395, D.
of tenants in common

297
the husband in his wife's right need not be
admitted

ib. 298
on descent to the wife, the husband may enter
before her admittance

298
to customary curtesy or dower ib. 299
when curtesy or dower is of a portion only of

the copyholds, the necessity of admitrance
would seem to extend to lands of gavelkind
tenure

298

ib.
and then the neglect of tenant for life will not
prejudice the remainder.man

ib.
nor would the custom bind persons under disa-
bility

.. ib.
the effect of a release of right by surrenderee
to surrenderor, when such a custom exists,

196, 291, n.
may be claimed by the assignee of a covenantee,

if a surrender has been obtained by such
assignee, and on what terms

291
the lord not compellable to admit by attorney,

except under the act of 1 Will. 4, c. 65 (re-
pealing 9 Geo. 1, c. 29)

ib.
bui usual to do so, as the court may name an
attorney

ib.
the subsequent consent of principal to be
shown

ib.
on a surrender made under a forged letter of

attorney is void
essential to enable a surrenderee to surrender,

292, 293
of surrenderee, will not make a surrender by
him valid by relation

ib.
steward's acceptance of surrender from a sur-
renderee, is not an admittance

293
of surrenderee before trial is sufficient, the ad.

mission on a valid surrender having relation
to it

ib.
the relation of the admittance to the date of the

surrender, creates a title to dower and curtesy,

ib. p.

ib, n.

ADMITTANCE-continued.
when it shall operate as a new grant, if more
extensive than the surrender, and when not

Page 149, 313
when wrongful, the right may be released, 313
may furnish an implication of estate, when

none is expressed in the surrender ib.
how to be be compelled by the lord 314
how to be compelled against the lord, 313, 314
the lord not bound to admit the surrenderee
after an act of forfeiture by the surrenderor,

406, n., 447, 448
not necessary, when by the lord's act a court
cannot be held

314
See BANKRUPT; Bishops; EVIDENCE ; In-

SOLVENT DEBTORS; PRESENTMENT; Stew.

ARD.

ADVANCEMENT. See RESULTING Trusts.

ADVOWSON; may by custom be granted by
copy

104
AFFEERMENT; AFFEERORS. See COURT

BARON (tit. Amercement); LEET (tit. Amerce-
ment).

AFFIRMATION. See Quaker.

AGENT. See the COMMUTATION AND ENFRAN-

CHISEMENT Act, 4 & 5 Vict. c. 35, ss. 11,
12.

..

ADMITTANCE-continued.
husband need not be admitted on death of feme
covert termor

Page 299, 300
executor and administrator of a termor must be
admitted

300
semble, that an executor or administrator en-

titled pur autre vie under 6 s. of 1 Vict.

c. 26, must be admitted
under a power of appointment, the appointee is
to be admitted

300
a person having a power of appointment, and
the fee in default of appointment, need not
be admitted, but by exercising the power
will entitle the appointee to admittance, The
King v. The Lord of the Manor of Oundle,

175, n., 181
the assignees or other bargainees of the com-

missioners of bankrupt, were formerly treated
as appointees

300
of the bargainees of the commissioners, had re-

lation to the enrolment of the bargain and

sale, not to the date 301, 302 and n.
observations on the bankrupt acts of 6 Geo. 4,

c. 16, and 1 & 2 Will. 4, c. 56, showing
that no admittance is necessary either of the

commissioners or assignees 302, &c.
observations on the insolvent debtors' acts of 7

Geo. 1, c. 57, and 1 Will. 4, c. 38, showing
that no admittance was necessary either of

the provisional or general assignee, 307, 308
and see provisions of 1 & 2 Vict. c. 110; 5 &

6 Vici.c. 116; 7 & 8 Vict. c. 70..308, 309
the lord may seize quousque in case the pure

chaser's admittance be delayed and the bank.
rupt die

350
so also if there be a delay in the exercise of a
power of sale in a will

349, 350
what is not an implied admittance 309, &c.
what is

310, &c.
acceptance of rent may be an implied admit.

tance, but is of an ambiguous nature 311
does not in itself constitute possession, but only

affords the means of obtaining it ib.
is not necessary to enable a grantee for life in

reversion to bring ejeciment
should not be refused where there is a colour-
able right

311, 312
if two persons claim by different titles, the lord
must admit both

312
wrongfully made is void

ib.
is according to the surrender when there is any
variation

ib.
always enures according to the title, but pro-

bably not to make an admittance for life the
admittance of the same person to a remainder,
when by the custom a remainder-man is
bound to be admitted

ib.
admittance of the heir of a remainder-man, or

reversioner, to the fee by descent, would not
be his admittance to a previously limited
estate tail devolving upon him

ib.
semble, that an express or implied admittance

under an elegit, would entitle the lord to a
fine

342, n.
and the admittance of the heir generally, when

the ancestor surrenders to uses, will give a
legal title to the fee until admittance under
the surrender

313
is inoperative as against a person having a
rightful title

ib.

ib. n.

AGREEMENT. See the COMMUTATION AND

ENFRANCHISEMENT Act, ss. 2, 10, 12, 13,
14, 15, 16, 19, 20, 22, 23, 33, 35, 52, 54,

56, 58, 84, 93, 94.
by and against whom it may be enforced in
equity

205, &c., 301, n.
under a contract for an entirety, if the title to a

small share prove bad, the purchaser will
not be compelled to take a conveyance of
the other shares

206
whether a purchaser will be bound to perform

his contract when the title to one of two lots

proves bad, depends on circumstances ib.
an agreement, if purely voluntary, will not be
enforced in equity

207, 540
a covenant in marriage articles to purchase and

settle lands, will not be satisfied by a sur-
render of copyholds

207, n.
by parol, stands on the same footing with agree-
ments for sale of freeholds

207
may be avoided therefore by a plea of the sta-

tute of frauds ..
and is taken out of the statute by part perform-

ib.
it is only in an extraordinary case that equity

will restrain the vendor from dealing with
the estate

208, 540
See Lien.
ALDERMAN (or Ealdorman). See LEET, 672,

&c., 690
ALECONNERS. See LEET, 719, 730.
ALIEN; cannot hold copyholds, even if pur-

chased in the name of a trustee 109, 455
whether the king or the lord is to have the
advantage of the purchase

ib.

ib.

ance

[ocr errors]

..

[ocr errors]

ALIEN-continued.
the lord's interest would be concluded by a

grant to or admittance of an alien Puge 109
See EscHEAT (as applicable to freeholds); Leet.
ALLEGIANCE. See LEET.
ALLODIAL. For its signification, see title

Court BARON, sect. 2, pp. 609, 610.
ALLOTMENTS; the lord is entitled under an

inclosure act to an allotment in respect of
his demesnes, over and above an allotment as
owner of the soil of the commonable and
waste lands

19, n.
of freehold in lieu of copyhold, will not change
the tenure

20, 557
legal title to, is not acquired until the execution
and proclamation of the award, if no special
provision be made

21, 22
the lives in succession in a copyhold giant take

the legal estate in an allotment, under the
effect of the award

22
See Award; INCLOSURE; Lord of the

Manor.

ANCIENT DEMESNE- continued.
the exemption from toll extends to tenants
holding of a subject

Page 583
and to tenants for life, &c.

ib.
to what things it extends

ib.
the exemption may be alleged generally ib.
the tenants need not prescribe for the privi-
lege

ib.
nor allege notice of the tenure, yet safer to do

ib.
general acts of parliament extend to ancient

demesne lands, when the tenure may not be
prejudiced

583, n.
tenants holding by copy were excluded from

voting at elections by 31 Geo. 2, c. 14 ib.
reference to 2 W. 4, c. 45

ib.
were to be impleaded in the lord's court only
by writ of right close

583
and if otherwise sued, might have pleaded the
tenure in abatement

584
may have a bill of fresh force within forty days
after disseisin

ib. n.

ib.

[ocr errors]

The Writ of Monstraverunt; and De non ponendis.
may have the writ of monstraverunt if dis.

trained for services not usually performed,

(and perhaps without being distrained) 584
but a special writ must be sued to the treasurer

and chamberlain of the Exchequer to certify

the tenure
the certificate coming into court by certiorari

and mittimus is conclusive, though no issue
joined whether frank-fee or ancient demesne

ib.
the sheriff may make rescous to distress by the
lord ..

ib.
and if the lord distrain again, he is punishable
by attachment

ib.
the writ of monstraverunt may be sued gene-
rally

ib.
in what names the attachment is to be sued ib.
apy one named in the attachment not suing

may be severed, and death or noosuit of one
will not prejudice his companions

585
one tenant may sue attachment in his proper

name, and in the name of the other tenants

by the general words homines manerii ib.
those who are named alone recover damages

584, D.
the plaintiffs may count severally, and the day

or place of distress need not be alleged 585, n.
if frank tenants and copyholders join in mor.

straverunt, the writ shall abate only as to

the latter
ancient demesne tenants, on being impanelled

on any inquest, may have the writ' de non
ponendis
, and if returned by the sheriff

, an
attachment

AMERCEMENTS; the goods of an under-

tenant could not be taken under a prescrip-
tion to distrain for an amercement in court

baron for non-performance of suit 624
See Court BARON; LEET; SERVICES.
ANCIENT DEMESNE; reference to sect. 11

of 1 & 2 Vict. c. 110 .. 47, 48, n., 589, n.
reference to the statute of Gloucester as to
• Waste"

424, n., 590, n.
court of, is a court baron

579
and the suitors are the judges

ib. n.
not being a court of record, a writ of error does
not lie

579, 587
but the tenant or demandant may have writ of
false judgment

579
to what lands the tenure is confined ib.
the tenure is certified by Domesday-book, 579,

581, 582
but parcel or not of a manor which is ancient

demesne is to be tried per pais, 579, n.,589,&c.
land may be ancient demesne, though parcel of
a manor which is not

589, n.
frank-fee may be held of a manor of ancient
demesne

ib.
an account of Domesday-book, and of a Sup-
plement to it

579, &c.
derivation of the word “ Domesday" 581
the three several descriptions of tenants in

ancient demesne (one who hold freely), 582
those denominated customary freeholders had a

writ of right close, or monstraverunt 582, n.
those denominated copyholders by base tenure

were to sue by plaint in the lord's court 582
Liabilities and Privilegss of Tenants in Ancient

Demesne.
the terms of the original grants of ancient de-
mesne lands explained

.

585

ib.

[blocks in formation]

582, 583
the privileges secured thereby are, exemption

from serving op juries out of the seigniory ;
from taxes, &c. if not specially charged ; and

from pontage and toll ..
and also from attending touros or leets 583, n.
but not from serving the office of high con-
stable ..

ib,

ib.

..

surcease

ib. n.

..

ANCIENT DEMESNE-continued.

have shown new cause, but if for general
cause, he might have proved the land frank-
fee by special cause

Puge 586
when a supersedeas may be had in Chancery to

ib.
on foreign voucher, the defendant should bave
sued out warrantia chartæ

ib.
if the lord proceeded, he was punishable by
attachment

ib.
so also if he proceeded when the record was

removed by recordari, the tenant suing a
certiorari to the justices of the Common
Pleas, to certify the tenor of the record into
Chancery

ib.
if plea of warrantia charte was discontinued in
Common Pleas, demandant might have sued
a writ in Chancery to have the act certified,
so that the court of ancient demesne might
have been directed to proceed

587
held not to be error that the writ of right close

was directed to the bailiffs, and that twelve
recognitors only were returned

ib.
recovery against copyholder who could not

have had writ of right close, was to have
been avoided by plea

587, n.
the writ abolished from 31 Dec. 1834 585, n.

Pleading
when ancient demesne is a good plea, 587,

588, 589
when it is not

590
the advantage cannot be taken after judgment,

587, 588
might have been pleaded after a release of de-

fault upon the return of the grand cape, 587, n.
not in formedon after the view

ib.
cannot be pleaded by prayec in aid ib.
in ejectment, must be pleaded within four days
of the term

588
and with leave of the court, on affidavit, stating

certain facts
when plea may be filed de bene esse ib.
plea of ancient demesne has been allowed after
affidavit of the tenure requisite where the plea
is to the jurisdiction

588
but formerly foreign pleas only were sworn to,

ib,
plea of ancient demesne is good without a de.
fence

ib.
ancient demesne lands may be extended on an
elegit

589
on plea of ancient demesne, it should be alleged

that the lands are held of a manor which is
ancient demesne, not that they are purcel,

512, 589, 591
frank-fee should be specially shown in plead-
ing

589
approvements of waste cannot be ancient de-
power of the bailiff, when land or damages are

recovered in ancient demesne 589, 590, n.
copy hold tenure must always be pleaded, for

if stated generally to be held of a manor
of ancient demesne, the lands would have
been deemed pleadable by right close, and if
pleaded as parcel of it, they will be deemed
part of the demesnes

591
what must be alleged, and what need not, on

pleading exemption from toll .. ib.

ANCIENT DEMESNE-continued.

Fines and Recoveries: Writ of Disceit.
prior to the act of 3 & 4 W.4, c. 74, fines were

levied and recoveries suffered in ancient de.

mesne by writ of right close Pages 591, 592
observations on that statute
fine by tenant in tail was a discontinuance
only, and no bar

592
but it was a bar to the issue under statute of
limitations, 21 Jac.

ib.
yet the issue in tail had twenty years for entry,

after the expiration of a lease for life, created
by fine, notwithstanding a second fine to
conusee in fee ..

ib.
a recovery in ancient demesne was a bar to an
intail ..

592, 593
fines and recoveries of ancient demesne lands in

the Common Pleas were good, and made the
lands frank-fee, so long as they were in force,

593, 596
yet might have been reversed by writ of dis.
ceit

593
but not by scire facias : and the rule extended
to the king

ib,
if the lord was a party to the fine, he was barred
of his disceit

596
lands were not frank-fee before judgment, 593, n.
por were they made frank-fee by a fine in a
warrantia chartæ

ib.
except the lord joined in the fine

596
writ of disceit was not in nature of writ of

error, therefore not within 10 & 11 W.3, c.
14

.. 593, n.
reference to the act of 3 & 4 W. 4, c. 27, and

3 & 4 W. 4, c. 74, abolishing the writs of

disceit and warrantia chartæ,592, n., 593, n.
fine in Common Pleas, as against the lord, was

coram non judice, and no bar under statutes
of non-claim or limitation

593
doubted whether a second fine would not have

been a bar to the lord under statute of non-
claim

593, 594
and clearly a fine of elder date would have

hindered the reversal of a fine of later date,
but not e converso

594
the lord need not set forth his estate, and even
a termor might have had the writ of disceit,

ib.
a determination of the lord's estate is to be
shown on the other side

ib.
it is sufficient to state that the lands are plead-
able in curia manerii

ib.
the parties themselves were not bound after re-
versal of fine

ib.

ib. n.

..

mesne

ib, n.

..

ib.
but it was binding by estoppel whilst in force, ib.
even against a disseisee

ib.
whether a customary descent would have been

changed by a fine at common law .. ib.
acceptance of fine pending writ of right close

did not alter the tenure as to that action, ib. n.
fine could not have been reversed as to one

person only, but might have been reversed
as to part of the land only

595
the writ of disceit should (properly) have been
brought against the ter-tenant

ib.
remainder-men need not have been named in

the writ
but were to have been summoned to show cause
by scire facias

ib.
the writ of disceit might have been brought

ib.

[ocr errors]

..

ANCIENT DEMESNE-continued.

against the conusee as well as conusor, or
the heir of either

Page 595
or against the conusor or conusee alone ib.
but then there must have been a scire facias
against the ter-tenant

ib.
in action in nature of disceit against the vouchee

to reverse a recovery, held that the demand.
ant and tenant ought to have been before the
court

ib.
conusee in possession, to whom conusor released

his right, should have held against him, though
the 6 ne had been avoided

595, 596
so the estate of conusee should have stood after
reversal of fine, if confirmed by the heir of

596
such heir, after reversal, could not have entered
on ter-tenant without a scire facias ib.

Frank-fee.
ancient demesne lands became frank-fee, not
only by fine come ceo and by a recovery,

593, 596
but also by fine with grant and render, even
without execution

596
and by fine upon a release with warranty to
the tenant

ib.
and by a fine by tenant, without any original
writ, till reversed

ib.
doubtful whether they are made so by fine upon
a release, without warranty

ib.
they also become frank-fee by escheat ib.
so if they come to the king, even if afterwards
granted in fee or for life

596, 597
or granted to hold in frank-almoign 597
it is therefore sufficient to show the king's grant,

ib.
what confirmation makes ancient demesne lands

frank-fee, and what does not 597, 598
feoffment to another, with a saving of ancient

services, will make the lands frank.fee, 597
so a release by fine of all services and customs,

except certain specified services ib.
the tenure of ancient demesne will be restored

by the king's regrant, 10 hold of the same

ANGLO-SAXONS; their jurisprudence. See

LEET.
ANNUITY; the

copy of an admittance in trust
for the grantee of an annuity secured by bond,
and subject thereto for the purchaser, held to
require an ad valorem stamp in respect of

the purchase money Page App. 944
a charge of an annuity upon copyholds is with.

in the inrolment act of 53 Geo.3. (See Ap-
pendix, 960)

85, D,
the admittance of the surrenderee need not be
memorialized

.. 141, n.
APPOINTMENT. See Power.
APPORTIONMENT; copyholds are within 11

Geo. 2, in favour of executors of tenant for
life

85
the principle extended to annuities, dividends,
&c., by 4 & 5 Will. 4, c. 22

ib. D.
whether a rent can be apportioned on a re-grant
of copyholds

94, 366
annual but not entire services may be appor.

tioned

conusor

ib.

[blocks in formation]

manor

598

[ocr errors]

ib. n.

but if to hold of another manor, they remain

frank-fee
and on grant by the king for life, it is frank-
fee for the time only

598
so also on confirmation by the lord to hold

during life by certain services for all.. ib.
and the tenure held to be restored on repeal of

patent, where the seizure was made without
title

ib,
so on re-entry or recovery by disseisee, after

confirmation to disseisor to hold at common
law

ib.
doubtful whether on release of services for a

certain time, the lands become frank-fee for
the time

ib.
semble that a person claiming under a paramount

title must, after a fine in Common Pleas,
have sued at common law

598, 599
but that on recovery, the lands become ancient
demesne again

599
after disseisia by the lord, the tenant had his

option to sue by writ of right close, or at
common law

.
See CUSTOMARY PEÄINTS; Discontinuance.

ARBITRATOR. See BOUNDARY,
ARCHBISHOPS. See Bisciops.
ARSON; the case of Rer v. Spalding 141, n.
ASSETS; copyholds formerly not assets, even

for specially debts, or debts of the crown, 48
not within 47 Geo. 3, c. 74, nor 1 Will. 4, c.

47; (the provisions explained by 2 & 3 Vict.
c. 60)

89, 90
Sed qu. as to a trust of copyholds ..

90, a.
by 3 & 4 Will. 4, c. 104, customaryholds and

copy holds are assets both for simple contract
and specially debts, 48, 90, n., 540, n.,

571, n., 1067
the effect of the act was to make the heir or

devisee personally liable, but not to charge
the real estate

App. 1067, n.
the rule as to marshalling is applicable to co-
pyholds

49, 276, n., 282
but is not extended to legatees when there is a

devise to the heir, though he takes by de-
scent

49, n., 376, 0.
specialty creditors as against devisees may

claim to stand in the place of mortgagees
who exhaust the fund provided by the testa-
tor for the payment of his debts, but, as
volunteers only, cannot compete with credi-

tors under the lowest class of security 50
real estates are sometimes made to bear the

burtben of mortgages and legacies, in exo-
neration of personalty

239, 0.
See CONTRIBUTION; COPYHOLDS ; EXECUTORS;

OCCUPANCY,
ASSISE. See CUSTOMARY PLAINTS.
ASSUMPSIT. See Action.
ATTAINDER; the legal estate remains in the

person attainted until entry by the lord, 126
for an estate of freehold is not divested in cases

of attainder until office found .. 440, n.

« AnteriorContinuar »