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705

... ib.

706

ANCIENT DEMESNE-continued.
lxxxi. fine by tenant in tail, is a dis-
continuance only, and no bar....
lxxxii. but it is a bar to the issue
under stat. of limitations, 21 Jac.... ib.
lxxxiii. yet the issue in tail have
twenty years for entry, after the ex-
piration of a lease for life, created by
fine, notwithstanding a second fine
to conusee in fee..
lxxxiv. a recovery in A. D. is a bar to
an intail
lxxxv. fines and recoveries of A. D.
lands in the Common Pleas are good,
and make the lands frank-fee, so
long as they are in force.....
lxxxvi. yet may be reversed, by writ
of disceit....
Ixxxvii. but not by scire facias: and
the rule extends to the king... 707
lxxxviii. if the lord be a party to the
fine, he is barred of his disceit....... 710
lxxxix. lands are not frank-fee before
judgment.

ib. 711

......

706

706 n.

707 n.

xc. nor are they made frank-fee by a
fine in a warrantia chartæ.......... ib.
xci. except the lord join in the fine... 710
xcii. writ of disceit is not in nature of
writ of error, therefore not within 10
& 11 W. 3. c. 14......
xciii. reference to the act of 3 & 4 W.
4. c. 27, and 3 & 4 W. 4. c. 74,
abolishing the writs of disceit and
warrantia chartæ......... 705 n, 707 n.
xciv. fine in C. B., as against the lord,
is coram non judice, and no bar under
stats. of non-claim, or limitation...
xcv. doubted whether a second fine
would not be a bar to the lord, under
stat. of non-claim....
xcvi. and clearly a fine of elder date
will hinder the reversal of a fine of
later date, but not e converso.
xcvii. the lord need not set forth his
estate, and even a termor may have
the writ of disceit.....

707

ib.

ib.

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ib.

cviii. but are to be summoned to
show cause, by scire facias.
cix. the writ of disceit may be brought
against the conusee as well as conu-
sor, or the heir of either.....
cx. or against the conusor or conusee
alone..
cxi. but then there must be a scire
facias against the ter-tenant
cxii. in action in nature of disceit
against the vouchee to reverse a re-
covery, held that the demandaut
and tenant ought to be before the
court.....

cxiii. conusee in possession, to whom
conusor releaseth his right shall
hold against him, though the fine
be avoided....

cxiv. so the estate of conusee shall
stand after reversal of fine, if con-
firmed by the heir of conusor......
cxv. such heir, after reversal, cannot
enter on ter-tenant, without a scire
facias....

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ib.

xcviii. a determination of the lord's
estate is to be shown on the other
side ....

ib.

708

cxxi. they also become frank-fee by
escheat...

ib.

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....

104 n.

104

ii. the admittance of the surrenderee
need not be memorialised........172 n.
APPOINTMENT.-See PoWER.
APPORTIONMENT; i. copyholds
are within 11 G. 2. in favour of ex-
ecutors of tenant for life...
ii. whether a rent can be apportioned
on a re-grant of copyholds 114, 115, 434
iii. annual but not entire services may
be apportioned
....115, 434
APPROVEMENT.-See COMMON.
ARSON. The case of Rex v. Spalding 172 n.
ASSETS; i. copyholds formerly not

assets, even for specialty debts, or
debts of the crown

ii. not within 47 G. 3. c. 74; nor

60

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ii. of Courts Leet.-See LEET.
BAILIWICK; not grantable by copy 127
BANKRUPTCY; i. surrender sup-
plied against assignees...
ii. conveyance by the commissioners
under 6 G. 4, c. 16..........370, &c.
iii. power of commissioners over copy-
holds vested in a bankrupt for an
estate tail.....

.....80, 371 n.
iv. distinction as to inrolment of bar-
gain and sale under 13 Eliz. & 21
Jac.....

......101 n.

v. powers given to bankrupt are exer-
cisable by the commissioners 172 n., 373
vi. freehold estates of bankrupt vest

BANKRUPTCY-continued.

Page

102 n.

in assignees by their appointment (6
G. 4. c. 16, 1 & 2 W. 4. c. 56.
8. 26)
vii. assignees cannot enforce a con-
tract after commission is superseded,
though rechosen under a second
commission .....
255 n., 369 n.
viii. even before the late acts a double
fine might have been saved by the
commissioners excepting copyholds
out of the bargain and sale, and con-
veying immediately to a purchaser.. 369
ix. exception taken in equity to such
a conveyance over-ruled...
x. admittance not necessary either of
commissioners or assignees..... 372
xi. consequently no fine accrues to
the lord.
xii. but in case of bankrupt's death,
and delay of a purchaser's admit-
tance, the lord may seise quousque. 415
xiii. right to bring real action held to
pass to assignees by the bargain and
sale....

.........

.....

370

414

569 n.

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CESSAVIT, writ of...
CESTUI QUE VIES; i. do not take
an interest without a custom ...... 120
ii. admittance of, will not extend the
grant
...124, 380
CHARITABLE USES; i. the act of
9 G. 2, c. 36, extends to copy-
holds.....

....

244

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ii. the case of Doe & Waterton.
iii. the provisions of 9 G. 2. c. 36,
explained by 9 G. 4. c. 85...............
See SURRENDER TO WILL.

CHASE. See FREE CHASE.
CHILDREN, a surrender will be sup-
plied for..

. 258, 269, &c.

CHOSES IN ACTION.-See FELO

DE SE.

COMMISSION

TO SET OUT

BOUNDARIES, &c.-See COURTS
OF EQUITY.
COMMON; i. may be granted by copy

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COPYHOLDER; i. has an estate at
will only in judgment of law

.....

......

maintain

256

55

154

ii. is not liable to an action for refus-
ing to take a surrender
iii. if ousted by the lord may
trespass, or ejectment, or even in-
382, 563 n.
dict the lord..........

iv. whether a writ of right would not
lie against the lord........ 382, 578 n.
v. may bring trespass against him for
cutting down trees, when by custom
they belong to the tenant
vi. must plead and be impleaded for
his lands in the lord's court.... ib., 562
See COPYHOLDS: DEVISE: INCA-

PACITY.

382 n.

COPYHOLDS; i. origin and antiquity

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46

ib. n.
3, 21

COPYHOLDS-continued.
them.

....

xviii. nor are they seisable on out-
lawry

xix. formerly were not assets for spe-
cialty debts, nor even for debts of
the crown

Page

60

ib.

62, 634

xx. but are made assets both for sim-
ple contract and specialty debts by
3 & 4 W. 4. c. 104.. Append. (379)
xxi. and are within the rules in equity
for marshalling assets 62, 340 n., 348, 634
xxii. the case of Robinson & Tonge
over-ruled

xxiii. under a mortgage of freeholds,
with covenant to surrender copy-
holds, both estates are primarily
mortgaged...

xxiv. may be sequestered

62

65

60, 634

XXV. a general occupancy of is not al-
lowed.

....

xxvi. but a special occupancy is
xxvii. after escheat, forfeiture, or ex-
tinguishment, may be re-granted by
copy

63

64

19, 120, 650
xxviii. but not if the lord create a
common law interest......... 19, 119
xxix. whether there is any distinction
between escheat and purchase in this
respect....

19, 120

...20, 647, 651
xxx. lease by the King is an exception
to the rule..
xxxi. the grantee will hold discharged
of the dower of the wife of grantor,
and of his statutes, &c. ...... 120, 647
xxxii. of inheritance and for lives
sometimes exist in the same manor
xxxiii, a remainder in fee cannot be
created in the latter

122

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ib.

vii. what is and is not a destruction...
viii. how to be conveyed after sever-

ib.

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xxxiv. one may have the prima ton-
sura as copyhold, and another the
soil as freehold..

195

18

XXXV. may be surrendered on con-
dition

241

ance

xxxvi. equitable interest in is assign-

262

....

ix. should be excepted out of the
usual power of leasing in settlements
of manors.

x. when purchased by a lord who is
tenant for life, should be surrendered
to a trustee, or re-granted immedi-
ately

21

44

ib.

55

xi. so also when the lord is seised in
fee with an executory devise over..
xii. are descendible by custom only..
xiii. and the descent is guided by the
33, 34-5, 55
rules of common law....
xiv. not affected by collateral qualities
at common law, having no relation
to descent, except by custom....
xv. not affected by an extent, except
as to a lease with license..
xvi. and except perhaps by custom.. 405
xvii. therefore a judgment is not a

....

59

.....

60

able
xxxvii. are renewable by custom for
lives in possession, and in reversion 422
xxxviii. certainty of fine is essential to
the tenant right of renewal. ...... 423
xxxix. a change of lives cannot be
compelled, if attended with visible.
inconvenience

ib.

xl. what statutes they are within..99, &c.
xli. are not within the statute of uses 105
xlii. nor the statutes of wills.. 107, 264 n.
xliii. what other statutes they are not
within...
... 104, &c.
CORONER is in some cases the re-
presentative of the sheriff in real ac-
tions
See DEODANDS: FELO DE SE:
TREASURE TROVE.

.....

754 n.

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