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.
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.....
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....
xcviii. a determination of the lord's estate is to be shown on the other side ....
cxxi. they also become frank-fee by escheat...
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
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.....
v. powers given to bankrupt are exer- cisable by the commissioners 172 n., 373 vi. freehold estates of bankrupt vest
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....
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.....
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..
CHOSES IN ACTION.-See FELO
BOUNDARIES, &c.-See COURTS OF EQUITY. COMMON; i. may be granted by copy
COPYHOLDER; i. has an estate at will only in judgment of law
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-
COPYHOLDS; i. origin and antiquity
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
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
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
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....
...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
vii. what is and is not a destruction... viii. how to be conveyed after sever-
xxxiv. one may have the prima ton- sura as copyhold, and another the soil as freehold..
XXXV. may be surrendered on con- dition
xxxvi. equitable interest in is assign-
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
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
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
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.
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