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PRECEPT-continued.

and cannot use force, but the lord has bis
remedy by ejectment

Page 289
See ATTORNMENT; PROCLAMATION.
PRECIPE QUOD REDDAT; plaint in nature
of (tit. Possessory Plaints)

476
PRE-EMPTION; a custom giving a right of

pre-emption, as, for instance, to the nearest
relations, is good

26, D.
PREROGATIVE RIGHT; in Henchmar v.

Att, Gen., it was held that the devisee took
the land, subject to a sum charged thereon
for the benefit of a charity, and that the king
was entitled to the legacy by his prerogative,
there being no heir or next of kin to take by
way of resulting trust; but the judgruent
was reversed on appeal, and the devisee held
entitled

201, 635, 0.
See MorTMAIN.
PRESCRIPTION; a copyholder having com-

mon out of the manor must prescribe for it

in the que estate of the lord .: 512, 517, n.
copyholders, as against strangers, must pre-
scribe by way of custom through the lord

516, 517
but as against the lord, by way of usage oply

517
but semble, that copyholders of a manor be-

longing to a see may prescribe generally is
non decimando, on a prohibition for staying
a suit for tithes

ib.
unity of possession of the manor and parsopage

in an abbot or a prior is not a discharge of
tithes for copyholders

ib.
but copyholds may be exempt from tithes on

POWER-continued.
what powers way, and what may not be re-

leased and extinguished Page 129, n.
what powers may be exercised by a feme covert

129, &c.
reference to decisions as to powers given to a

feme sole, and exercised after marriage, and
given to a feme covert, and exercised after

her second marriage 129, n., 267, n.
an express estate for life, with a general power

of disposition, implies a power of appoint-
ment only

267, n.
when exercisable by infants

137
when a power of appointment by deed is created

by a surrender accepied by the lord or
steward, the appointee is not precluded from
claiming admission by reason of the ap-
pointor having both a power and an interest
(reference to The King v. The Lord of the
Manor of Oundle)

175, p.
as to the effect which would have been pro-

duced in that case by the admission of the
donee of the power, under the limitation over
to him in fee

181, n.
might have been exercised over copyholds

without being noticed; but it should have
appeared that the testator had the properly in
view,

if he had been seized of other real
estates, to which alone a general devise

would have been held to apply 252
when created, the lord should not seek the ap-

pointee, but admit the heir or other person

entitled in default of appointment, 180, 290
when a power of sale was given by a testator

who had not surrendered to the use of his
will, it was the practice to obtain a release of
right from the customary heir

247
whether or not a surrender was supplied by the

now repealed act of 55 Geo.3, c. 192, semble,
that since the 1 Vict, c. 26, a testamentary
power of sale cannot be created without a

previous surrender to will .. 247, n., 257, n.
a will exercising a power of appointment must

be executed with the formalities prescribed
by s. 9 of 1 Vict.

234, n.
the appointee, and not the person to whom the
power is given, is to be admitted

300
and pay a fine

349
a power of sale to executors will save a double
fine

ib.
when a testamentary power of sale is given to
a particular person, the heir need not join

300, n.
to sell, does not imply a right to enter and
turn persons out

300, n.
if no appointee should claim admission, the

lord may seize qunusque after three procla.
mations, or after personal summons on the
heir

349, 350
See ADMITTANCE; BANKRUPT ; Devise; FEME

Covert ; INFANT ; SURRENDER.
PRECEPT TO SEIZE; neither presentment

of a forfeiture nor seizure need be proved, 288
a written precept, therefore, is not absolutely
necessary

ib.
in the case of co-heirs, the seizure must be con-

fined to the share of the particular defaulter, ib.
and if no special custom to seize for a for-

feiture, the seizure must be quousque only, ih,
the bailiff should require the occupier to attorn,

the ground of unity in the rectory, manor,
&c., in one of the greater dissolved monas-
teries, though other copyholds of the major
belonged to the monastery at the dissolution,
and were subject to tithe

ib.
prescription by way of que estate in the lessee
for
years
of the manor is ill

516, .
prescription by customary freeholders in a que
estate is good

is.
evidence of a prescription under a condition is
a variance, if the party prescribe absolutely

517, n.
secus if the condition is not annexed to the
prescription

ib,
a copyholder for life only cannot prescribe
against the lord

518
except perhaps when he has power to renew, or
to nominate a successor

ib.
semble, ihat copyholders of inheritance cannot

prescribe to bave common in exclusion of
the lord, yet copyholders may prescribe to
have sole pasture

ib.
prescription to have common in another man's
land to the exclusion of the owner is bad

ib., a.
reference to 2 & 3 Will. 4, c. 71, for shortening
the time of, in certain cases .. 25, D., 523, n.,

524, n.
a reference to authorities on the subject of pre-

scription by copyholders, and by the lord for
fines on marriage, and on holding special

523, n.
See Common; Custom.

courts

PRESENTMENT; the steward is not bound to

receive any presentment by which the lord's

rights may be prejudiced Page 746, n.
since 4 & 5 Vict. c. 35, recording the death of

tenant is sufficient, without the presence of
homagers, and consequently without a pre-
sentment of the fact

287, n.
the entry on the rolls of surrenders, wills, grants

and admissions, required by the 891h sect., is
to be deemed an entry pursuant to a present-
ment

102, n., 222, n.
[N.B. The marginal note states, erroneously,

that an entry is also required by this section

of every fact proved to the lord or steward."']
by the 90th sect., an admission valid, without

any presentment of a surrender, will, or other
instrument or fact

102, n.

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PRESUMPTION- continued.

surrender and admission, bis consent not
presumed against a person not claiming un-
der the surrender

Page 131
though the law presumes a party dead when

not heard of for seven years, yet there is no
presumption as to the time of death, 464, n.,

914, n.
the surrender of a lease is presumed under the

practice to return an old lease, with the seals
torn off

505, 0.
a grant of the freehold interest in copyhold land

will be presumed, to support a title to a rent
received for twenty years

558, n.
PRIMA TONSURA; may, by custom, be
granted by copy

104
PRIVILEGED COPYHOLDS. See CUSTOM-

ARY FREEHOLDS.
PROBATE; a court baron may by prescription

have jurisdiction to grant probate and admi-
nistration

602
the honour of Knaresbrough is a peculiar ib.
PROCLAMATIONS; may be made at a court

held, under 4 & 5 Vict. c. 35, without ho.
magers

285, n.
notice of, must be served on the parties inte-
rested

102, n., 285, n.
are in imitation of the feudal law 285, 286
when and how to be made

286, 287
in order to seize quousque, may be general, and
need not be proved vivá voce

286
usual in all cases, but not essential in some

286, 287
no distinction when the seizure is for a forfeiture
and when it is quousque.

287
are not necessary if the heir is personally sum-
moned to attend a court (Doe & Trueman)

286
PROTECTOR, (or tenant for life in possession);

must concur in barring estates in remainder
of an estate tail; and the consent may be
given by the surrender, or by a distinct deed

to be entered on the court rolls 57, n., 61, n.
a feme covert, protector, may consent as a feme
sole

57, n.
PURCHASER; whether he had taken a sur-

render or not, might have devised before
admittance

268-269
See Notice ; VOLUNTARY SURRENDER.

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PRESENTMENT OF SURRENDER ;

what period it was to have been made in the
absence of a special custom

222, &c.
in some manors ihere is a special custom that a

surrender might have been presented at any
subsequent court

223, 224 & n.
reference to the cases of Horlock & Priestley in

Canc., and Doe & Calloway in B. R., in
which Lord Tenterden doubted the validity
of such a custom

224
how to have been made and indorsed ib.
the persons taking it need not have attended
the court on presentment

ib., 225
effect of any variance between the surrender
and the presentment of it

225
whether it was of necessity when taken by the

lord or steward, or was only for the lord's

information and instruction 225, &c.
application of what was the general practice in
court keeping

229
and of the principles of copyhold tenure ib.
accordance essential when the surrender was

taken by tenants or by the bailiff. 230
whether the variance might have been deemed

an error in form only, when the terms of the
surrender were known to the lord or steward

ib.
was necessary to ground an action for recovery
of the consideration money

231
not necessary when the surrender was to the

lord's own use, even if he was tenant for
life only

ib,
where equity would have supplied a surrender,

it would have relieved against an ill present.

ment, or want of timely presentment .. ib.
if the steward or person taking the surrender

refused to present it, the remedy was by
petition or bill exhibited in the lord's court

231, n.
whether a presentment at the succeeding court

was essential to its validity when not taken
by the lord himself, but by the steward

232, n.
when the presentment was essential to the legal
operation of a surrender

231
the practice as to leaving the surrender with
the steward

232
whether a copybolder might have acted as an

homager in presenting his own surrender ib.

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Q.

..

PRESUMPTION; where the custom required

QUARRY; no distinction between a mine and

a quarry, so that both lord and tenant must
concur in opening and working a quarry of
stone, slate, &c.

433
but semble, that the dictum Mr. Justice
Holroyd in Bourne & Taylor is too general

ib.
QUIA EMPTORES ; observations on the sta-
tute of

2, &c.
QUIT RENTS ; in action of debt for, the lord
must identify the land

356, 366, n.

the husband's consent to be expressed in the

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QUIT RENTS--continued.
prior to 3 & 4 Will. 4, c. 27, quit rents in re-

spect of freehold lands were recoverable for
fifty years; and an extinguishment was not
presumed from mere length of time

Page 617, n.
but by 2d sect. of 3 & 4 Will. 4, c. 27, an ac.

tion or distress for any rent must be brought
within twenty years after accruer of the right,
as defined by 3d, 4th and 5th sections

367, n., 617
by 16th sect., the period extended ten years to
persons under disability

367, 0.
bui by 17th sect., no remedy after forty years

il.
real actions being abolished by the 36th sect.,

there is no remedy left if in arrear twenty
years, (except under the 16th sect. in cases
of disability)

ib., 618, n.
by the 34th sect., the rent would be absolutely

extinguished after twenty years, (except as
to the extension of time in cases of disability)

367, n., 618,n.
by 51st sect. of the commutation and enfran-
chisement act, the lord's right to rents, fines
and heriots, due before 1st January after the
confirmation of the apportionment, not af-
fected

365, n.
semble, that the act embraces “rents” and

heriots” payable in respect of freehold
lands

ib.
a payment for near forty years held to be pre-

sumptively a quit rent, and not to support a
title to the land

509
See Rents.

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RELIEFS; their nature

368
payable by copyholder by custom only ib.
remedy for

ib.
are included in the general term “rents" in the
commutation and enfranchisement act

368, n., 618, n.
are not apportionable, therefore a relief cannot

be claimed on the death of one of several
coparceners

369
semble, that the rule is applicable to joint-tenants

ib., 621
are not within the statule of limitation 32 H. 8,
nor 3 & 4 W. 4, c. 27

82, D., 620
See Court Baron, (tit. Reliefs.)

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REMAINDER-MEN. See ADMITTANCE; FINE;

SURRENDER TO WILL.

REMAINDERS. See CONTINGENT REXAs.

DERS.

QUOUSQUE; if the surrenderee neglects to be

admitted, the lord may seize quousque, on the
death of surrenderor

346
See Precept to Seize; PROCLAMATIONS.
QUO WARRANTO; information in nature of,

lies against the steward of a court Jeet for
misconduct

698
semble, that it also lies against a person claim-

ing to exercise the office 608, n., 704
but it has been refused

608, n.
lies against a person claiming to be bailiff of a

manor and borough, and having a prescrip-
tive right to exercise a discretionary power
in impannelling the leet jury

700
semble, that it does not lie for a court baron

608, n.
but a contrary opinion has been held ib.
Sec Court BARON; LEET.

REMITTER; is only when the party comes to

the defeazible estate by act of law .. 482, 1.
See CUSTOMARY PLAINTS.

R.

RENTS; may be granted by copy 104
their nature, and the lord's remedy for .. 357,

366, &c.
observations on the statute of limitations 3 & 4
W. 4, c. 27

617, 618
are, in common parlance, the subject of special
occupancy

51, n.
may be apportioned

94
rent service is not extinct by the lord's purchase

of part of the tenancy, but shall be appor.
tioned

ib., 366
but it is otherwise as to services entire, and not
aanual, as heriots, &c.

366
and the rent or services of one particular tene-

ment cannot be apportioned on partition..7
See APPORTIONMENT ; DEVISE ; SERVICES.
RENTS OF ASSIZE, &c. See Quir RENTS.

RAPES (OR LATHS). See LEET.
RED-BORAN. See LAWMEN (Lahmen) 691,0.
REAL INJURIES ; distinguishable nature of
real injuries in copyhold cases

474, &c.
the remedy for them by entry and action, (tit.
Customary Plaints)

476, &c.

ROYAL MINES ; are veins of gold and silver

in the ground of subjects Page 656, n.
as to these mines where the crown has only a
bare reservation

427, n.

S.

SCIRE FACIAS. See ANCIENT DEMESNE.

SEA SHORE ; the right of bathing is not in-

cluded in the qualified common law right to
use the sea shore

665, n.
SEA-WEED; the right of cutting it from rocks

is, in the absence of a grant, to be supported
only by evidence of long uninterrupted en-
joyment

ib.
SEIGNIORY IN GROSS; what constitutes
it

4
SEIZIN; is acquired under 4 Vict. c. 21, by a
release of freeholds, without a bargain and

23, 24, n.
[and now see 8 & 9 Vict.c.106, which repealed
7 & 8 Vict. c. 76.)

App. 1129
See CURTESY; WOODS AND FORESTS, Como

..

sale for a year

MISSIONERS OP.

SEIZURE; whether the lord may seize in case

of non-compliance with a decree of the manor
court, and admit the rightful claimant..98,

294
ejectment on, must be brought within twenty

years of the lord's right to issue a precept,
and no distinction between a seizure quousque
only, and for a forfeiture

287
See P'RECEPT to seize.

SEQUESTRATION; copyholds may be seques-
tered

48
cannot be revived against the heir

ib.
does not alter the legal estate

ib.
the nature of the process

ib., n.
under a commission to sequester defendant's

personal estate, and the rents of his real
estate, an order was made by the Vice Chan-
cellor for the commissioners to let an unin.
habited copyhold on terms suggested .. 49

SERJEANTY. See Grand SERJEANTY; PETIT

SERJEANTY.

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SERVICES ; what are due from a copyholder

361
what is signified by the oath of fealty, and from
whom it is due

ib., &c.
it may be administered by the lord or steward

ib.
fealty cannot be done by attorney · 292, 361
it should be commuted in all cases (but see
Court Baron]

362
equity would no doubt relieve against a for.
feiture for refusing to take the oath of fealty

ib.
the proper remedy for feally is distress ib.
the disiress cannot be excessive

ib.
when the lord may distrain after the tenant's
death

ib.
every copyholder is bound to do suit

RENUNCIATION. See DISCLAIMER.

REPRESENTATION ; the same right of, in

copyholds descendible by custom as at com-
mon law

Page 29, 44

REPUBLICATION; a codicil is a republica-

tion so as to give effect to a surrender of

lands acquired after the date of the will 214
a surrender to uses already declared by a will
was, in effect, a republication

ib.
a constructive republication was favoured

ib., n.
but a codicil will not, by the effect of republi-

cation, be an execution of a power executed
by the will, but afterwards discharged by the
creation of a new power

ib.
REPUTATION ; alone is admissible evidence

of the existence of a manor

RESULTING TRUSTS. See Trust Estates.

REVERSION, (Reversioner); assignees of the

reversion of part of demised premises are
within the statute of 32 Hen, 8, c. 34, giving
grantees a right of entry and action against
lessees

82
not only is a surrenderee an assignee within the

statute, but the defendant could not allege
the invalidity of the lease

ib., n.
See ADMITTANCE; Grant; LORD OF THE

ManoR; SURRENDER TO Will.
REVOCATION; a will sufficient to pass copy-

hold and personal estate, but not executed
according to the statute of frauds, would not
have been a good revocation of a previous
will as to freeholds

235, n.
by 18th sect. of 1 Vict. c. 26, a will is revoked

by marriage, except it is only an appointment
where the property would not have devolved
on the heir, executor, &c.

274, D.
but not by presumption of intention from any

alteration of circumstances (s. 19] ib.
nor by a subsequent conveyance, or other act,

except a formal revocation (s. 23) .. 269, n.
by the 20th sect., a will can only be revoked by

a subsequent will, executed as required by
the 9th sect., or by intentional destruction

274, n.
a case prior to 1 Vict., in which the intention

was left to the jury, who decided that the

facts amounted to a revocation .. 273, n.
any alteration in a will, and any revival of a

will before revoked partially or wholly, must
be executed according to the 9th sect. (s. 21)

274, n.
the rule that a will was not revoked by the union

of the legal interest with the equitable, held
to apply to a feme covert having the whole
beneficial interest in personalty, or exercising
a testamentary power, and taking an assign-
ment from the trustees after her husband's
death

272, n.
but the will of a feme covert having a power of

appointment only over realty, was held to be
revoked by taking a conveyance of the legal
fee after discoverture

ib.
See Devise,

ib.
and demises to churchwardens and overseers,)

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SERVICES-continued.
subtraction of suit is punishable by amercement,
or by distress

Page 363
the distress not saleable, and therefore cannot
be excessive

ib., 364
casual services, as heriot, relief, &c., are not
within the statute of limitation 32 H. 8

82, n.
suit by copyholders cannot be done by attorney

363
but copyholders may be essoigned

ib.
the lord cannot distrain for amercements either

in a court baron, or customary court, except
by custom

364
his remedy is action of debt

ib.
are to be rendered by a feme sole or a widow ib.
distinctions as to common law court baron ib.
the services are due from the husband, not the

wife, except perhaps as to fealty ib,
an infant is excused services whilst in ward, or
at least until fourteen

ib.
a corporation cannot do suit

ib.
by joint tenants, coparceners, and tenants in
common

365
an attorney could not be amerced for neglect of

suit at such time as his attendance is required
at Westminster

364, n.
when services may be apportioned

7, 94
of one remaining freehold tenant continues,
though the court baron be lost

6
are included in the word “rents” in the com-

mulation and enfranchisement act, except

service at the lord's court 615, 616, n.
See Court BARON; RELIEFS ; Rents; Ma-

STATUTES; which affect copyholds, though not
expressly named in them

81 to 86
which do not affect copybolds 86 to 90
Lord Coke's exposition as to the application of

particular statutes to copyholds, when not
named in them

81
further observations on II Geo. 4 & 1 Will. 4,

c. 60, (conveyances by infant heir of trustee
or mortgagee); and reference to 4 & 5
Will. 4, c. 23, (conveyance on the death of
a trustee or mortgagee without an heir). .84,

85, n.; App. 1011, 1012
by 4 & 5 Will. 4, c. 22, the principle of ap-

portionment extended to annuities, dividends,
&c.

85, n.
the 17th sect. of 59 Geo. 3, c. 12, (conveyances

NOR.

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73, n.

SETTLEMENT; where a pauper could enforce

a conveyance of the legal estate, he is irre-
movable, and gains a settlement
when it may be gained by a guardian, or a

trustee, or mortgagee, by residence on a
copyhold

73, n., 399, n.
not gained by forty days' residence, where the

purchase is under £30 (9G. 1, c.7) 399, n.
reference to the law of settlement as applicable
to copyholds

ib.
an office to gain a settlement must be annual

720, n.
See HAYWARD; Pauper.
SEVERANCE; when a severance of the de.

mesnes or services will determine the manor 6
by the lord, will not destroy the copyhold inte.

10, 11
what acts of the lord will destroy the copyhold

interest of lands which escheat or are for.
feited, and what will not 14, 15, 98

rest

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not applicable to copyholds 85, 8., 90, 202
references to 3 & 4 Will. 4, c. 106, “for the
amendment of the law of inheritance".. 30,

43, 143, 164, 295, 346, in notis
copyholds are excepted out of the registry acts

for Middlesex and Yorkshire, but building
leases of copyholds granted with licence
should be registered.. 460, 461; App. 1113

& n.

See AppROVEMENT ; AssetS; BANKRUPT ;

BARON AND FEME; BASE FEE; Copy-
HOLDS; COTTAGES; COMMUTATION AND
ENFRANCHISEMENT ACT; Devise; ESTATE
Tail; EXECUTORS AND ADMINISTRATORS;
FEME COVERT; FREEBENCH; LIMITATION
OF TIME ; Quit Rents; REVERSION; RE.
VOCATION; SEISIN; STAMPS; Will;
WRECK.

STEWARD; (or lord) is judge of the custom-
ary court

4
is a constituent part of the court baron, and a
judicial officer

ib.
a custom that he is to have the sole right of
preparing surrenders, is good

24, 25
qualifications of

109, 110
by the late commutation and enfranchisement

act (4 5 Vict. c. 35), the steward and
deputy steward empowered to admit and
grant at any place

109, n.
in the king's manors he must be appointed by
patent

110
so in manors belonging to a corporation .. ib.
in all other cases he may be appointed by parol

ib.
though not for life or years

ib.
but is usually appointed by deed

ib.
de facto may execute any ministerial acts in

111
whether de facto or de jure, he cannot grant

against the express commands of the lord ib.

court

SLATE, &c. See Stone.

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