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LORD OF THE MANOR --continued.
may grant or admit out of court, and even out
of the manor, &c.

Page 101, &c.
reference to the case of Doed. Leach v. Whitaker

101, n.
semble, that the lord may hold his own cus.
tomary courts

119
whether he has the same remedy to recover fees
as the steward

ib.
of what incapacities he may take advantage
a

108, 109
is not bound to admit aliens or other incapaci-
tated persons

109
but his interest would be concluded by the ad-
mittance

ib,
compellable by a bill in equity to hold a court,
but a mandamus is more usually resorted to

533
may have a bill in equity for discovery of

boundaries and descriptions of land .. 534
and for a commission to distinguish freeholds

from copyholds, but only under special cir-
cumstances, a confusion of lands not being

per se a ground for interposition ib.
though the lord is not bound to take notice of

trusts, yet it is not usual or reasonable to
refuse to do so

405
whether it is not advantageous to the lord to
record notice

408
his remedy by writ of escheat, formedon, intru-
sion (now abolished) and ejectment .. 474,

483, n.
See Couets or Equity; CUSTOMARY PLAINTS;

GAME; Grant; GUARDIAN; Infant;
MORTGAGE.

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MANDAMUS-continued.

render the legal estate, there being no heir of
the last trustee, and being a fitter tribunal

Page 526, n.
the aid is extended to the customary heir..528
although the application may be in furtherance

of a scheme to defeat the lord's right to a
fine; and although there should be no dis-
claimer by devisees (The King v. Sir T. M.
Wilson)

528, &c.
it has been granted to compel the admission of

the heir of a trustee, where the cestuy que
trust died without heirs, to enable him to
try his title

408
and it is granted to compel the lord or steward

to accept a surrender 525, 527, 530
the case of The Ring v. Boughey, Bart. . . 530
and either of the whole or a portion of the

lands of the copyholder, or of the whole or
a portion of his interest

525
the power of the court has been questioned,
but is established by several stated cases

527, &c.
the court has refused the writ in several stated

instances, where the party had a specific
legal remedy

525, 526, n.
but having a remedy in equity is no answer to
an application for a mandamus

525, n.
conceded that a mandamus is never granted to

compel a mere ministerial officer to do his
duty

526
in The King v. The Borough of Midhurst, the

writ was granted to compel the lord to
hold a court, and the homage to present
certain conveyances of burgage lenements
entitling the purchasers to be sworn in bur-
gesses, and to vote for members of parlia-
ment

527
no relief by mandamus by reason of proceed-

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LUNATICS; may receive a grant of copyholds

108
whether the lord has any power over their lands,
except by custom

52
the committee has no interest, but a bare cus-
tody or authority

53
certain powers are given to committees by par-
ticular acts of parliament

ib., n.
copyholds are not within 6 Geo. 4 and prior

statutes, as to conveyances of estates vested
in lunatics, but are expressly named in 1
Will. 4, c. 60

89, App. 1011
provision made for the admittance of lunatics

to copyholds by 1 Will. 4, c. 65.. App. 1015
the Court of Chancery has no power under 11

Geo. 4 & 1 Will. 4, c. 65, or 3 & 4 Will. 4,
c. 74, 10 authorize the committee to grant
leases for twenty one years

App. 1018,

1019, n.
See BARON AND FEME.

M.

MANDAMUS; will be granted to compel the

ings in a plaint having been improperly set
aside, but it must have been sought in a
proceeding in nature of a petition of right, or
in equity

489, 530, 531
cannot go to the steward alone

531
the rule induced the court to quash a manda-

mus for compelling an admission by the
steward of the queen's manor of Richmond,
in which case, as the writ could not go to
the sovereign, the party left to the only an-
cient remedies, a bill in equity or a petition
of right

531 & n.
will issue to compel an enrolment of a surrender

taken by copyhold tenants under a special
custom

531
but was refused where there was a custom for

the steward to prepare all surrenders .. ib.
an application for, refused where the surrender

was by the customary heir of his reversionary
interest, his object being to avoid the descent
fine

ib., 532
an application for the writ to enforce an entry

on the rolls of a deed of grant of customary
freeholds refused, where there was a cus-
tomary mode of barring estates tail, and the
case held not to be within the 53rd section
of 3 & 4 Will. 4, c. 74

531, n.
it is also granted to compel an inspection of

court rolls by a person claiming an interest
under them, and having a prima facie title

532
Y Y

lord to admit a person who can show a
colourable tille; and, if necessary, to hold a
court

525
was recently refused to compel the acceptance

of a surrender in general terms, although the
estate was particularly stated in a former
surrender

ib., n.
and was refused in another case, the Court of

Chancery having appointed a person to sur.

VOL. II,

MANDAMUS-continued.
and it is not necessary that any cause should
be depending

Page 532
it is only when no action is depending that the
motion is for a mandamus

ib., n.
when an action is depending, the inspection
will be enforced by a rule of the court..495,

532, n.
whether a freehold tenant has a right to inspect
court rolls, although no cause be depending

532, n.
it lies to restore the steward of a court leet

527, 608, 703, 704
but was refused in one case

608, n.
whether it lies for the steward of a court baron

527, 608
Ile's case in 1 Vent, favourable to the opinion

that it lies for the steward of a customary
court

526, 527, 608
but it is rendered doubtful by other authorities

526, 527, n., 608
will issue to compel the holding of a court leet
forthwith, and to appoint proper officers

532, n., 713, n.
and to enrol a resiant, to enable him by the
usage to vote for members of parliament

713, n.
but the connexion between the leet and corpo-

ration must be established by affidavit .. ib.
it lies to compel the steward to administer the

oath of office to a constable chosen at the
leet

715, n.
it has been granted to the bailiffs of a corpora-

tion to which the manor formerly belonged,
to permit a court leet to be held in the guild.
hall, in order to an inquiry whether it could
be held elsewhere

532, n.
it does not lie to compel the holding of a court

leet for the purpose of having the oath of

allegiance administered to an inhabitant, ib.
nor for the inspection of the records of a court

leet, unless some satisfactory reason be as-
signed

ib.
the return to a mandamus must be certain and

explicit, and not argumentative .. 528, n.
without a special custom, will not issue to

compel a licence for digging brick earth, or
other act of waste..

532, 533
reference to 1 Will. 4, c. 21, extending the

provisions of 9 Ann. c. 20, as to the returns
to certain writs of mandamus, to all other
writs of mandamus, and making provisions
against abatement of the writ by death, &c.,
and as to costs, &c.

533, n.
See Custom; Power.

.. 35

MANOR-continued.
but the lord of a customary manor cannot hold

courts to have pleas, &c. Page 14, 104
may be divided (though not by the act of the
party) ..

7, 10, 13
some few authorities contra

7
may be suspended, and cease and revive .. 14
the mode of holding courts after a division of
the manor

9
whether a grantee of the freehold interest in all

or part of the copyholds can hold courts, 9, 10
severance of the freehold does not destroy the
copyhold interest

10
an exception of part of the demesnes and ser.

vices is a severance equally as a grant
thereof

11
an exception of all the demesnes is void ib
so of the court baron

1, 12
but this is not so in the case of a grant by the
king ..

12, 98, n.
any disposition of the manor carries with it
after-purchased lands

33, 34
and lands which afterwards escheat 34
a recovery of a manor might have passed lands

not parcel, but reputed to be so 35
the word “manor' in a conveyance by the

Commissioners of Woods and Forests, held
not to pass lands inclosed from the wisie
above twenty years previously, without leave

of the crown
the disseisee of a manor is bound by admit.
tance of the disseisor

97
See BOUNDARY; EVIDENCE ; LORD OF THE

Manor; Woods and FORESTS.
MARKET ; appendant may be granted by copy

104
See Fairs.
MERGER; an absolute fee is acquired by

merger of a fee conditional in the possibility
of reverter

55, a.
See EXTINGUISHMENT.
MILL; may be held by copy

104
MINES; reference to the commutation and en:

franchisement act, recognizing the import-
ance of the lord's proprietary interest in
mines by the exclusion of it from the opera.
tion of the act, unless by express conventioa,
and by the power given to tenants to grant
rights of way, &c., in and over their lands

,
to enable the lord to win and carry away the
minerals

419, o.
a distinction as to the mode of stating the facts

and consideration in an agreement for com:

mutation, and in an enfranchisement deed, ib.
the words “ lands and mines" will pass

open mines only
a copyholder has the possession of the subsoil,

although he has no property in it
the authorities as to trees on the surface of the

soil equally apply to minerals below, ib., D.
are part of the demesnes, and not a distinct

property from the freehold ..
should, therefore, be expressly reserved when

intended to be excepted out of a grane

waste, or the enfranchisement of copyholds, ib.
and it is not sufficient merely to reserve all

..

the
427, n.

429

MANOR; etymology of

1
its origin and nature

royalties, &c.

1, 2
may consist of one or more villages or hamlets,

or of several houses in a village 2, n.
not necessary that the copybolds should be
contiguous

ib.
cannot now be created

2
may exist as a seigniory in gross

4
is determined by severance of the demesnes or
services by act of the party

6
or by extinction of the services

ib.
may continue as to minor prescriptive rights,
though the court baron be lost

ib.
one may be held of another

7, 104

19, 20, 429

of

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manor

MINES--continued.
may be a distinct possession from the manor,
with reference to the statute of limitations

Page 430
and twenty years' possession of copper mines

may establish a right against the lord, even
when entitled to tin mines

431
a copyholder has the same possessory interest
in mines as in trees

427
but has no proprietory right, except by custom

ib., &c.
therefore he cannot open and work new mines
without the licence of the lord, or by custom

427
nor can the lord do so in the absence of a

custom, without the consent of the tenant, ib.
but would be liable to an action of trespass for

entering on copyhold land to bore for mines
and veins of coal

428
by custom a copyholder of inheritance, or for

life with power to renew or to nominate a
successor, may have a proprietory right in
mines

427
under a grant of the inheritance of freehold

land, even if mines are named, they cannot
be opened by a person having a particular
interest only

ib., n.
though a lessee may work mines that are
opened, yet his opening new mines is

ib.
as to royal mines where the crown has a bare
reservation

ib,
a copyholder may dig for marl to lay on the
land

428, n.
coals, when dug, belong to the lessee, who may
maintain trover

ib.
bill in equity lies for an account against the

executor of a customary tenant opening
mines

428, 431
and trover lies for ore dug thereout ib.
he who has the surface may maintain trespass
for breaking the sub-soil

429
but in frequent instances in the northern

counties, the title to the land is in one, and
the title to the mines in another

ib.
the presumption is in favour of the person in

possession of the land, but may be rebutted
by evidence that others had raised and car-
ried away the minerals

ib.
the case of Rowe & Brenton

430
evidence of a right to cut timber is not evi.
dence of a power to dig mines

431
but a custom to dispose of one sort of mineral

may be evidence of a right to dispose of an-
other

ib.
distinction in equity between mines and timber,

in decreeing an account under a bill for an
injunction

ib.
equity will grant an injunction against opening a

mine, if no custom is shown, yet only with a
view to try the right

531, 532
but with such a custom, it will not restrain even

a tenant for life from opening pits to pursue
old veins

431, 0.
nor will equity grant an injunction against

MOOT; MOTE COURTS; .. 669, 670, n.,

675, n.
See LEET.
MORT D'ANCESTOR (tit. Customary Plaints)

473, 479, &c.
MORTGAGE; the effect of a purchase of copy-
holds by the lord, after a mortgage of the

33, &c.
the unknown heir of mortgagee is within the

8th sect. of 11 Geo. 4 & 1 Will. 4, c. 60,
although a constructive trust only (and see

4 & 5 Will. 4, c. 23, s. 2, in App.)..85, n.
semble, that a mortgagor in possession may
hold courts

91, n.
observations on conditional surrenders 194
See ADMITTANCE; EJECTMENT; EQUITY OF

REDEMPTION; NOTICE TO QUIT; STEWARD;
WARRANT OF SATISFACTION,

waste

MORTMAIN; acts extend to copyholds

199, 200
distinction between legacies to be applied in

the purchase of land, and in melioration of

land already in mortmain 200, 201
and when inseparably connected with a void

devise, or applicable, at discretion, to several

purposes, some of which only are void.. 201
a gift of residuary personalty to entreat a grant
of waste for charitable objects held void

201, n.
money charged on copyhold by a void bequest
held to belong to the devisee and not to the

635, n.
See CHARITABLE Uses; PREROGATIVE Right;

SURRENDER TO Will.

crown

..

MOTBELL; the Mote Courts convened by
sound of

675

N.

working mines already open 432, 433
and is slow to interpose by injunction where

mines are in a state of working, but will
direct a trial at law of a disputed right, 432, n.

NAVIGABLE RIVERS; paramount right of

the subject extends over every part, and prior
to Magna Charta no power in the crown to
grant in derogation of it, but weirs erected
prior to Edw. I rendered legal by 25 Edw.3,
C. 4, s. 4

667, n.
NON ADVERSE POSSESSION ; doctrine
of, done away with by 2d and 3d sects. of

Y Y2

NON ADVERSE POSSESSION-continued.

3 & 4 Will. 4, c. 27, except as to cases
within the 15th sect. Page 464, n., App.

1028, n.

NOTICE; from a donee does not bind a pur.
chaser of the donor

202
See EVIDENCE ; LORD OF THE MANOR ; Trust

Estates; VOLUNTARY SURRENDER.
NOTICE TO QUIT: not rendered necessary

by the covenant of a mortgagor, so long as
he continued in possession, to pay a yearly
rent to the mortgagee

466, n.
not necessary, even after twenty years' posses-
sion, if not adverse

509, n.
where possession began by permission, and an

ejectment was brought against the heir within
five years from the passing of 3 & 4 Will. 4,
c. 27, under 151h sect., held that neither
notice to quit nor demand of possession was
necessary

ib.
NOVEL DISSEIZIN (tit. Customay Plaints.)

473, 479

PARTITION- continued.
one of several joint-tenants, after partition by

parol, surrendered in general words; held
that the surrenderee was not enuitled to be
admitted to the parcels held in severalty

Page 123
See COPARCENERS ; COURTS OF EQUITY; Cos.

TOMARY FREEHOLDS.
PAUPER; in possession under a bond given

NUISANCES. See LEET

.. 737

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OCCUPANCY ; there can be no general occu-
pancy of copyholds

24, 50
but there may be a special occupancy 51
there can be no general occupancy of anything
which lies in grant

ib., n.
but the 2d branch of 12 Car. 2, c. 3, applies to

the grantee pur autre vie of a rent-charge,

and his executors will be entitled to it .. 51
and as pecial custom extending the principle of
general occupancy to copyholds is good

24, 51
rents are (in common parlance) the subject of
special occupancy

51, n.
reference 10 l Vict. c. 26, as to copyhholds,
though no special occupant

52
a special occupant must be admitted and pay a
fine

351
See Executors and ADMINISTRA

TRATORS,

OVERSEERS. See CHURCHWARDENS

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STA-

TUTES.

OUTLAWS; may receive a grant of copyholds

108
copyholds cannot be seized upon an outlawry, 48
whether copyholds are forfeited for outlawry, 442
See LEET

738

P.

before marriage by the wife dowable by

custom, held to gain a settlement .. 73, 0.
guardian in socage may gain a settlement by

residence on the ward's estate .. 399, D.
a trustee or mortgagee in possession may gain
a settlement

ib.
See SETTLEMENT.

PERAMBULATION. See EviceNCE.
PETIT SERJEANTY ; tenure of 611, a.
PIE-POUDRE, court of. See Fairs, &c.
PINDER; is not necessarily a public annual
officer (tit. Leet)..

720, a.
PISCARY ; appendant, may be granted by copy

104
See FREE FISHERY.
PLAINTS OF RIGHT. See CUSTOMARY

PLAINTS.
PLEADING; a replication in a case of trespass

held bad on demurrer, for not stating that a

sufficiency of common was left .. 510, a.
a copyholder for life, or greater estate, may
plead a freehold interest

510
a copyhold must be pleaded to have been de-

misable by copy time out of mind, and it is
not sufficient to state that it is held at the

will of the lord, according to the custom, 511
yet it must be pleaded to be held at the will of
the lord

ib,
but the fault in pleading may be helped by the

verdict finding the estate to be copyhold, ib.
it must be shown that the estate created is
allowed by the custom

ib., D.
except in a claim of common

ib.
in copyholds of inheritance the addition of the

words in tail, for life, &c., in pleading, is
unnecessary

ib.
the nere allegation of being seized or otherwise

well entitled, a ground of demurrer .. ib.
the copyhold tenure must be pleaded, when

lands are held of a manor which is ancient
demesne, or it might be inferred that they
were pleadable in the lord's court by writ of
right close, or at common law as part of the
demesnes

512
how to plead common out of the manor before

and after enfranchisement., b., 517, a.
a plea of justification under an alleged custom

for the tenants of a particular copyhold, is
not supported by evidence of a general custom

512
so a plea that the widow is entitled to an estate

for life, is not supported by evidence of a
widow's estate only

ib.
in actions, &c. relating to the copyhold of a

feme covert, it must be pleaded that the hus-
band and wife are seized in right of the wife,

PARCENERS. See CoPARCENERS.

PARK. See FREE Cuase or Park.

PAROL EVIDENCE. See EVIDENCE.

PARSONAGE; may be a maner

4
See EXCHANGES.
PARTITION ; writ of, abolished by 3 & 4

\Vill. 4, c. 27, s. 36

87, n.

ib.

after se-

some-

PLEADING--continued.
and not that the husband alone is seized

Page 512, 513
any admittance may be pleaded as a grant, 513
and it is sufficient to allege the admittance of

the ancestor as a grant, and to show the de-

scent and entry, without admiitance ib.
but not merely io plead the seizin of the an-
cestor and the descent

ib.
semble, that although in copyholds it is suffi-

cient to show the grant of the lord, yet in
customary freeholds the estate of the surren-
deror must be shown

ib.
but when the title does not come in question,

as in replevin, it is unnecessary to show ad-
mittance

ib.
it is not sufficient for a vendor to aver his rea-

diness, and his offer to make a title and to
surrender, but he must show an actual sur-
render, or an offer to convey, and refusal,
and what title he had ..

ib.
it is unnecessary, however, to detail the title,

and the plaintiff need only aver his seizin in
fee, that the title was made perfect, and that
he liad always been ready, and had offered
to convey

ib.
it is for the purchaser, and not the vendor, lo

prepare and tender the conveyance ib., n.
plea of a grant for lives in reversion, as a grant

in possession, is incurable 513, 514
in trespass for entering copyholds and boring

for coals, and a justification under the lord,
the plaintiff must traverse the liberty of work-
ing the mines

514
but ihe court will permit the replication to be
amended

ib.
the case of Proud & Hollis as to the mode of

pleading a right of way asserted by the land-

Iord of a copyhold occupied by a tenant, ib.
if a surrender be pleaded as taken by the hand

of a steward supposed to have no right, the
traverse should be general that no surrender
was made

515
where issue is taken on a surrender pleaded

into the hands of tenants, it is to be tried
where it was alleged to be done, and not
where the manor is

ib,
the sleward's name must be stated in pleading

a grant of copyholds
performance of the condition may be pleaded

under a bond for quiet enjoyment, when a
forfeiture is occasioned by the vendee's own
act

515
in debt on bond, the plaintiff must show that he
was evicted by lawful title

PLEADING-continued.

any counts upon which he might have suc-
ceeded

Page 516, n.
prescription by freeholders, and custom by co-

pyholders, may be joined in one plea, 518, n.
the want of averment of levancy and couchancy

may be aided by verdict
so the insufficiency of pleading a licence for a

stranger to put in his cattle, which licence
must be by deed

ib.
as to the mode of pleading commons,
verance of the waste

523, n.
See EVIDENCE ; LEET.
POLLARDS (POLLINGERS.) See Trees

AND MINES ; EstOVERS.
PONE. See Court BARON.
PONENDIS (de non ponendis.) See ANCIENT

DEMESNE.
PORTGERIEVE (PORTREEVE);

times elected at the leet 690, n., 713
not incompatible with the office of steward ; so

under a custom for a court of pleas to be held
before the steward and portreeve, or their
deputy or deputies, a court may be held by
a person appointed deputy by one in whom
both offices are united

690, n.
PORTMOTE COURT. See Leet .. 675, n.
POSSESSIO FRATRIS; may be of a copy-

hold, on an actual possession, even before
admittance

44, 45, 291
the possession of a termor by surrender is suffi-
cient

45
whether it will be prevented by a lease for
years with licence

ib.
and by the widow's freebench

ib.
the authority of l'oxe & Smith doubled by
Mr. Watkins

46, n.
possession of a customary guardian will con-
stitute an actual possession

46
and the entry of guardian in socage of a

daughter by a second wife, held to be a suf-
ficient seizin in an infant daughter by a

former wife, to create a possessio fratris..ib.
may be of a trust of copy holds

ib.
POSSESSORY ACTIONS, OR PLAINTS
(tit. Customury Plaints)

476, &c.
POSSIBILITIES (coupled with an interest);

may be disposed of by will under 1 Vict. c.
26, s. 3, and by deed under 8 & 9 Vict.

c. 106, s. 6
POUND; breach of

738, App. 1142
POUNDKEEPER; reference to sect. 4 of 5 &

6 Will. 4, c. 56, and to a case deciding that
the person who is bound to supply the animal
with food, is the party at whose instance it
was impounded

719, 720, n.
See HAYWARD.
POWER; no longer necessary to give a sub-

stantial share to each of the objects, although
the power is not exclusive (1 Will. 4, c. 46)

253, n.
over copyholds by special custom, though

joined with an interest, cannot be executed
by attorney

128

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ib., n.

App. 1130

ib., n.
in case, for not performing a promise to sur.

render, the plaintiff must allege that he made

a request to the defendant to surrender..515
and a demurrer will hold if the plaintiff' assign

a particular mode of surrender, and the custom

is not shown
but a general custom need not be alleged ..ih.
under a covenant to surrender, a purchaser

need not show a court to have been holden, ib.
plaintiff is entitled to costs of pleading, when

one of several pleas is adjudged bad on de-
murrer ..

ib., 516
the new rules established that a defendant who

had obtained judgment on demurrer upon
one of several counts, was entitled to deduct
his costs from the costs of the plaintiff on

..

ib.

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