ib.

of courts leet. See LEET; ATTORNMENT.
BAILIWICK; not grantable by copy 104
BANKRUPTCY; the commissioners may con-
vey a fee conditional after bankrupt's death,
64, n.
an estate tail was divested by the common bar-
gain and sale
64, 65, n.
if bankrupt die after adjudication, the com-
missioners may proceed as if he were living,
65, n.

and by 3 & 4 Will. 4, c. 74, s. 65, the com-
missioners under a fiat may, in the cases
therein mentioned, convey any lands of which
a deceased bankrupt was tenant in tail ib.
an exception shown to the rule that there is no
division of a day
App. 989
surrender supplied against assignees, 205, 206
conveyance by the commissioners under 6 Geo.
4, c. 16
302, &c.
power of commissioners over copyholds vested
in a bankrupt for an estate tail, 64, 65, 302, n.
distinction as to inrolment of bargain and sale
under 13 Eliz, and 21 Jac.
83, n.

301

ib.

ib.

exception taken in equity to such a conveyance
over-ruled
ib.
semble that in a country fiat, the powers of 1 &
2 Will. 4, c. 56, could not have been exer-
cised by one only of the commissioners 304
admittance not necessary either of commissioners
or assignees
consequently no fine accrues to the lord.. 350
but in case of a bankrupt's death, and delay of
a purchaser's admittance, the lord may seize
quousque
reference to 3 & 4 Will. 4, c. 47, authorizing
the king to give further powers to the judges
of the Court of Bankruptcy; and enabling
one or more of the judges, by warrant, to
exercise the powers given by 1 & 2 Will. 4,
c. 56, to any three of them
990, n.
right to bring real action held to pass to as-
signees by the bargain and sale 478, n.
not a necessary party to a bill of foreclosure, an
equity of redemption being potentially vested
in the assignees, even without a bargain and
sale
304, n.
See the 12 and 13 sections of 2 Vict. c. 11,
"For the better protection of Purchasers
against Judgments, Crown Debts, Lis
pendens, and Fiats in Bankruptcy," in the
Appendix

..

..

990

Et vide 2 & 3 Vict. c. 29, " For the better
protection of Parties dealing with Persons
liable to the Bankrupt Laws," also in the
Appendix

..

994
See ADMITTANCE; FINE ON ADMITTANCE;
HERIOTS; SURRENDER.

BARON AND FEME.

600, 601, n., 679

See ADMITTANCE;
FINES; HERIOTS; SURRENDER.
an appointment by them of an attorney to sur-
render the wife's copyhold to a tenant to the
plaint, was valid in law, as the act of the
husband, even prior to 47 Geo. 3, sess. 2, c. 8
66, 67, n., 127, n.
the husband's consent required by the custom
to be expressed in the surrender and admis-
sion, would not be presumed
131
reference to s. 91 of 3 & 4 Will. 4, c. 74, e
em-
powering the Court of Common Pleas to
dispense with the husband's concurrence,

BISHOPS; reference to a grant of escheated
copyholds during the vacancy of a see, 92, n.
admittance by a newly appointed bishop during
the vacancy is good, 97, n., 283, n., 454, n.
the temporalities of a see during vacancy belong
to the king, and are not within 28 H. 8, c. 11,
454, n.
so therefore heriots, but doubtful whether there
is any legal remedy
ib.
archbishops and bishops enabled by 2 & 3 Vict.
c. 18, to raise money on mortgage of their
sees for providing fit residences. App. 981

BONA FUGITIVORUM. See WAIF.

BOON DAYS, why so called

651

361

BRICK EARTH; in the absence of a special
custom, the lord not compellable by manda-
mus to grant a licence to dig brick earth, or
to do any other act amounting to waste, 458,
532,533
BURGH-GEMOT (or BURGE-MOTE). See
FOLC-GEMOT.

BY-LAWS may be binding on copyholders

626, n.

CERT-MONEY. See LEET (tit. Cert, or Cer
tainty Money.)
CERTIORARI. See LEET (tit. Amercement.)

CESSAVIT, writ of
CESTUI QUE TRUSTS. See GAME; MANOR.
CESTUI QUE VIES; do not take an interest
without a custom
admittance of, will not extend the grant, 101,

99

313

CHARITABLE USES; the act of 9 Geo. 2, c.
36, extends to copyholds
the case of Doe & Waterton

196

197

CHARITY. See MORTMAIN.

CHASE. See FREE CHASE.

..

200, n.

CHILDREN, a surrender will be supplied for

208, 217, &c.

CHOSES IN ACTION. See FELO DE SE.

COMMON FINE. See CERT-MONEY.

COMMUTATION AND ENFRANCHISE-
MENT ACT (4 & 5 Vict. c. 35); refer-
ences to its provisions, 5, 23, 26, 27, 102,
103, 109, 114, 115, 117, 222, 283, 284,
287, 315, 316, 365, 368, 369, 392, 419,
433, 519, 534, 550, 551, 561, 575, 603,
612, 617, 618, 631, 638, 643, 647, 649,
651, 655, 656, 660, in notes. App.
799, 800, 817 to 826, 1021, n., 1072,
et seq.

CONDITION; the mode of entering perform-
ance on Court Rolls

is saved by tender ..
may be released after admittance
See COPYHOLDS; TRUST ESTATES.

..

194
195

CONSTABLE; election of a chief constable for
a wapentake held to be void
reference to 2 & 3 Vict. c. 93, and 3 & 4 Vict.
c. 88, for establishing county and district
constables
.. ib.

See LEET.

CONTINGENT INTERESTS; may be devised
under 1 Vict. c. 26, s. 3. See DEVISE.
may be disposed of by deed under 8 & 9 Vict.
c. 106, s. 6
401, n., App. 1130
CONTINGENT REMAINDERS; are by 8 &
9 Vict. c. 106, s. 8, (which repealed 7 & 8
Vict. c. 76, referred to pp. 23, n., 86, 138, n.,
196, n.,) capable of taking effect, notwith-
standing the determination of any preceding
estate of freehold ..402, n., App. 1130
were supported by the freehold in the lord, 401,
&c., 426
the reasoning attacked by Mr. Watkins.. 402
effect of expiration or forfeiture of particular
estate before the happening of the contin-
gency
ib., &c.
it was expedient to insert a trust to preserve
contingent remainders in copyhold settle-
404, 405
but semble that the lord is not bound to accept
a surrender which would defeat his right of
405
entry for a forfeiture

ments

TT

are expressly within the statute of limitation,
3 & 4 Will. 4, c. 27

by 1 & 2

82, n.
expressly held to be within the statute of fraudu-
lent conveyances
83, n., 202, n.
by 3 & 4 Will. 4, c. 104, are made assets both
for simple contract and specialty debts, 48,
90, n., 540, n., 571, n., App. 1067
Vict. c. 110, are extendible, 47, 48,
301, n., 342, n., 535, n., 571, n.
by 3 & 4 Will. 4, c. 42, an action of debt for a
fine on admission limited to six years, 82, n.,
89, D.
and are within the rules in equity for marshal-
ling assets
49, 276, n., 282, 535
the case of Robinson & Tonge over-ruled
under a mortgage of freeholds, with covenant
to surrender copyholds, both estates are pri-
marily mortgaged

may be sequestered

50

ib.

48, 535

a general occupancy of, is not allowed 50
but a special occupancy is

51

after escheat, forfeiture or extinguishment, may
be re-granted by copy .. 15, 98, 548
but not if the lord create a common law interest,
14, 15, 98
whether there is any distinction between es-
cheat and purchase in this respect, 16, 545,
546, 548, 549
lease by the king is an exception to the rule,
15, n., 98
the grantee will hold discharged of the dower
of the wife of grantor, and of his statutes, &c.
98, 546
of inheritance and for lives sometimes exist in
the same manor
.. 100
a remainder in fee cannot be created in the latter,
ib.

what is and is not a destruction
how to be conveyed after severance

ib.
14, 15

Page 601

COURT BARON-continued.
for what purpose it was ordained
cannot hold pleas of any matter of the value of
40s.

nor award a capias

..

ib.
ib. n., 628

except by charter or prescription, as in the

..

601, n.

.. 602

ib.

court of the castle of Dover
account does not lie in court baron
nor trespass vi et armis
is said to have had exclusive conusauce ori-
ginally of all pleas of land, by writ of right
ib.
patent

yet it never could try an issue by the great
ib.
assize, but by wager of battel only
prohibition lay if issue was joined on the great
assize, or foreign plea was pleaded
appeals of murder and trial by battel abolished,
ib. n.

..

ib.

602

by prescription may have jurisdiction to grant
probate and administration
the Honor of Knaresborough is a peculiar, ib. n.
may be held at any place within the manor, 602
void if held out of the manor, except by custom,
ib., 603
603
the proper notice to be given
frequently held with the court leet, and then
the acts are referred to the court to which
ib.
they apply
proceedings of court baron and customary court
ib.
may be entered on the same roll
was anciently kept once in every three weeks,

..

..

ib.

ib.

is now more generally held once a year
the suitors not compellable to attend more
frequently, except for special cause, or by

ib.

freehold tenants alone are the suitors
is lost if there are not two suitors
and by custom in the manor of Dymock there
must be three
whether there must not be more than two, so

that each tenant may be tried by his peers, ib.
semble that suitors could not be created by a
conveyance of part of the demesnes at this
604
day
whether a conveyance by one of two free suitors
to a corporate body is not a suspension only

..

of the suit

ib.

whether on a conveyance by the only free suitor
of part of his land to another, the right to
ib.
hold a court would revive

547, n.

the suitors are the judges in the court baron,
even in a real action
4,605
therefore action of debt lies for the lord himself,

605, n.
may by prescription be held before the steward,
605
the steward is a constituent part of the court,
.. ib.
and not a mere ministerial officer
ib.
the case of Holroyd v. Breare & Holmes
whether or not a mandamus will lie to restore a
.. 607
steward to his office
semble that the Court of B. R. will not grant
an information in nature of quo warranto in
608, n.
the case of a court baron
grant for life of the stewardship of a manor,
the courts, is good
semble that an infant being of years of discretion
. 609
may preside in court baron
TT 2