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.
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
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.
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.
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
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,
CHARITABLE USES; the act of 9 Geo. 2, c. 36, extends to copyholds the case of Doe & Waterton
CHILDREN, a surrender will be supplied for
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.
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.
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
are expressly within the statute of limitation, 3 & 4 Will. 4, c. 27
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
a general occupancy of, is not allowed 50 but a special occupancy is
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
COURT BARON-continued. for what purpose it was ordained cannot hold pleas of any matter of the value of 40s.
except by charter or prescription, as in the
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.
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,
is now more generally held once a year the suitors not compellable to attend more frequently, except for special cause, or by
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
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
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
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