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xijie those denominated customary
258 freeholders, may maintain a writ of
right close, or monstraverunt .... 691 n.
xiv. those denominated copyholders
by base tenure, cannot, but are to
sue by plaint in the lord's court.... 691
xv. the terms of the original grants of
Ancient Demesne lands explained.. 692
807, &c., 831
xvi, the privileges secured thereby,
are, exemption from serving on juries
out of the seigniory; from taxes, &c.,
if not specially charged; and from
xvii. and also from attending tourns
or leets .....
xviii. but not from serving the office
of high constable....
xix. the exemption from toll extends
to tenants holding of a subject 692
xx. and to tenants for life, &c..
xxi. to what things it extends ib.
xxii. the exemption may be alleged
xxiii. the tenants need not prescribe
xxiv, nor allege notice of the tenure,
yet safer to do
xxv. general acts of parliament ex-
tend to A. D. lands, when the tenure
may not be prejudiced....
xxvi. tenants holding by copy were
excluded from voting at elections by
31 Geo. 2., c. 14...
xxvii. reference to 2 W. 4., c. 45.... ib.
xxviii. are to be impleaded in the
lord's court only by writ of right
xxix. and if otherwise sued, may plead
the tenure in abatement
xxx. may have a bill of fresh force
within forty days after disseisin ... ib. n.
687 ( The writ of Monstraverunt ; and de
have the writ of monstra-
verunt if distrained for services not
687, 690-1 usually performed, (and perhaps with-
out being distrained) ..
687 n., 701-3 to the treasurer and chamberlain of
cel of a manor which is not 701 n. xxxiii. the certificate coming into
court by certiorari and mittimus is
ib. conclusive, though no issue joined
688-9 xxxiv. the sheriff may make rescous
cannot have writ of right close, is to
lviii. the writ abolished from 31 Dec.
lix. when Ancient Demesne is a good
Ixi. the advantage cannot be taken
lxii. may be pleaded after a release of
default upon the return of the grand
Ixii, not in formedon after the view.. ib.
Ixiv, cannot be pleaded by prayee in
within four days of the term
Ixvi. and with leave of the court, on
lxvii. when plea may be filed de bene
. plea of A. D. has been allowed
after imparlance.... ..... ib. D.
Ixix. affidavit of the tenure requisite
where the plea is to the jurisdiction.. 700
Ixx, but formerly foreign pleas only
were sworn to..
Ixxi. plea of A. D. is good without a
lxxii. A. D. lands may be extended on
Ixxiii, on plea of A. D. it should be
alleged that the lands are held of a
manor which is A. D.; not that they
... 606, 701-3
Ixxiv. frank-fee should be specially
shown in pleading
lxxv. approvements of waste cannot
be Ancient Demesne..
of the bailiff when land
should sue out warrantia chartæ ..., ib. or damages are recovered in A. D. 702 n.
Ixxvii. copyhold tenure must always
be pleaded, for if stated generally to
be held of a manor of A. D., they
will be deemed pleadable by right
close, and if pleaded as parcel of it,
they will be deemed part of the de-
Ixxviii. what must be alleged, and
what need not, on pleading exemp-
(Fines and Recoveries : Writ of Disceit.)
4. c. 74, fines were levied, and re-
right close ......
continuance only, and no bar...... 705 person only, but may be reversed as
named in the writ......
cvii. but are to be summoned to
show cause, by scire facias. ... ib.
706 cix. the writ of disceit may be brought
against the conusce as well as conu-
sor, or the heir of either..... ib.
the rule extends to the king ..... 707 against the vouchee to reverse a re-
fine, he is barred of his disceit....... 710 and tenant ought to be before the
cxiii. conusee in possession, to whom
conusor releaseth his right shall
stand after reversal of fine, if con-
firmed by the heir of conusor......
enter on ter-tenant, without a scire
... 706, 710
ib. render, even without execution ... 711
warranty to the tenant.....
ib. cxix. and by a fine by tenant, with-
out any original writ, till reversed.. ib.
so by fine upon a release, without
lands are pleadable in curia manerü.. ib. if afterwards granted in fee or for
cxxiii. or granted to hold in frank-
ib. cxxiv. it is therefore sufficient to show
Cxxv. what confirmation makes A.
D. lands frank-fee, and what does
... 711, 712
saving of ancient services, will make
cable to copyholds......62, 340 n, 343
mains in the person attainted until
SURRENDER, xvii, &c.
copyholds, even before 4 Ann....101 n.
usual appendage of a manor .....815 n.
blishment and nature of the court 815,816
they remain frank-fee
life, it is frank-fee for the time only 713
upon copyholds is within the inrol.
need not be memorialised........172 n.
are within 11 G. 2. in favour of ex-
assets, even for specialty debts, or
AVOWRY; i. on the heir is an im-
See Heriots vii, Ixvi, lxvii: SERVICES.
Courts Baron, his office and how to
under 6 G. 4, c. 16 ..........370, &c.
......80, 371 n.
cisable by the commissioners 172 n., 373
See GavelKIND: DESCENT: Es-
CHEAT lix, &c.
.. Append. (323)
370 BY-LAWS may be binding on copy-
See Court BARON: LEET.
... 569 n. CESTUI QUE VIES; i. do not take
an interest without a custom
ü. admittance of, will not extend the
9 G. 2, c. 36, extends to copy-
715, 716 n., 816 iii. the provisions of 9 G. 2. c. 36,
explained by 9 G. 4. C. 85.... 249
See SURRENDER TO WILL.
CHILDREN, a surrender will be sup-
258, 269, &c.
CHOSES IN ACTION.-See FELO
to the lord with the exception of fe- COMMISSION TO SET OUT
432 BOUNDARIES, &c.—See Courts
the waste with the consent of the
and the courts will not presume an
original right in the lord wholly to
destroy the commonage
570 dence to support the lord's partial
vii. these rights are distinct from the
common of pasture under the stat.