xliv. when payable on the death of a
bankrupt...
xlv. is payable for each separate tene-
ment, except by custom.......... 458-9
xlvi. what must be alleged in pleading,
in such a case, and what need not 458
xlvii. when due on alienation will
multiply, both by disposition of the
interest and of the land itself...... 459
xlviii. and separate heriots would
continue, though parts of the land
aliened should re-unite......
xlix. how extinguishable, and a dis-
tinction between heriot service and
heriot custom...
1. the lord's property in heriots arises
immediately on the death or aliena-
tion, and he is bound by his election
li. the election is in the tenant when
the render is of an ox, &c...... 440 n.
lii. the lord should seise without delay,
as he would be concluded by a sale
in market overt...
liii. whether the lord would not be
presumed to have waved his right
after lapse of time.
HUSBAND AND WIFE.-See BARON
AND FEME: Surrender.
liv. but the lord's right cannot be de-
feated by a devise, or by a fraudu-
lent disposition.
..... 460, 462
Iv. it is a good plea that the property
was not in the tenant at the time of
his death or alienation.....
Ivi. bill lies in equity for the discovery
of the best beast...
lvii. an executor is said to be con-
ii. how ordered for his copyholds... 65, 66
IMPARLANCE; its signification, Ap-
INCAPACITY; i. is removed by the
lord's admittance
.123, 133
ii, what persons are and are not inca-
pacitated to take a grant of copy-
ix. yet the remedial, if not the alleged
legislative character, may be traced
to the Continental Saxon institutions ib. n.
x. is said to have been derived out of
the sheriff's tourn..........
xi. the observation to be received
with qualification....
xii. for the power of the sheriff in the
tourn was superseded, or at least sus-
pended, by the grant of a court leet 804
xiii. illustration of the generic cha-
racter of the leet jurisdiction, by a
reference to the territorial divisions
of the Anglo-Saxon Kings, and a view
of the Anglo-Saxon orders of people
and jurisprudence
..... 804, &c.
xiv. Alfred did not divide the kingdom
into counties
xv. but improved the division
xvi. and introduced the several subdi-
visions, ending in tithings or districts
of about ten families.
xvii. the lowest orders were complete
slaves
of the ealdorman (or alderman),
shiregerieve, domesmen, &c........ 808 n.
xxxiv. a great or general placitum,
great gemot, or plea of land, some-
times holden in different parts of the
country.....
XXXV. a COUNTY COURT instituted for
trial of the causes left undecided at
the shire-gemot
xxxvi. and which also held an inquest
or view of frank-pledge.
xxxvii. these subordinate courts were
sometimes called FOLCKMOTES.... ib., n.
xxxviii. division of the court into
two...
xxxix. all criminal matters, and the
view of frank-pledge transacted in
the one, called the TOURN......
xl. all civil matters in the other, called
the COUNTY COURT..
xli. the tourn was held twice in the
year in every hundred....
xlii. the view of frank-pledge repre-
sented to have been taken only at
the tourn after Easter [but see post,
pl. 108]..
xviii. the frilazin, a middle class be-
tween slaves and freemen.
xliii. the county court held once a
month.....
xix. freemen from birth were called
ceorls, and generally devoted to agri-
culture
xliv. several courts subordinate to the
shire-gemot established on the sub-
division of shires.....
xxiv. but members of royal families
xlix. discontinued in the reign of Ed-
ward the Third......
1. but hundred courts still exist under
grants made on the decline of the
Saxon jurisprudence......
li. hence probably the baron's mote
xxvii. a chief justiciary first instituted
or moot court...
lii. the nature of the BURGE-MOte, or
FOLC-GEMOT (or folckmote) court.... 811
liii. and of the PORTMOTE, (or port-
moot) court.... . . ...
liv. the presiding magistrate was called
in the former, the towngerieve, and
in the latter, portgerieve....
lv. usually held monthly..
lvi. but special meetings convened by
the mot-bell..
lvii. the ward inquest in London re-
sembles the leet of the hundred.. ib., n.
xcix. yet not as appendant to a church
or chapel.....
c. in chartered boroughs the corpora-
tion are frequently lords of a leet, as
appendant to a manor.
ci. in other boroughs, not having a
charter, the Chief Magistrate is fre-
quently chosen at the leet of a private
lord.....
......ib., 830 n., 860
cii. the common law election still imi-
tated in some corporate places...... 820
ciii. The King v. Rowland............. 842 n.
civ. The King v. Bankes...................... 860 n.
cv. corporate jurisdictions superin-
duced upon the leet.....
cvi. whether in the absence of any
trace of its institution, when the leet
exists in a borough or town, it may
not be considered as a vestige of the
cxviii. the leet of the tourn, or she-
riff's frankpledge, is by Mag. Ch. to
be held at a determinate place
cxix. leets of private lords may be
held at any place within the particu-
lar precinct...
cxx. are sometimes held in the church
cxxi. but there is a prohibitory canon
against holding leets there, or in a
churchyard.
cxxii. fifteen days is the usual notice.
cxxiii. and is given by the bailiff under
a precept from the steward.....
cxxiv. any shorter notice is good by
usage, and if no particular usage,
three or four days would be suf-
ficient....
cxxv. the notice need not be person-
ally served on the suitors.
cxxvi. except it be not an ancient
leet.
cxxvii. in ancient leets the notice may
be given in the church or market,
according to the usage...
cxxviii. no person could be amerced
if the accustomed warning had not
bound to attend two leets......825, 864
cxl. unless, as it should seem, he re-
sides sometimes in one place and
sometimes in another, and is present
when the different leets happen to be
held....
cxli. but persons having lands in the
precincts of different leets, are to do
suit to the leet where they reside... ib.
cxlii. a man who has a house within
two leets is conversant where his bed
is...
cxliii. the word inhabitant,' there-
fore, when the view of frank-pledge
is spoken of, cannot mean occupier ib. n.
cxliv. the lord of a hundred leet has
not a concurrent jurisdiction with
the lord of the manor leet
cxlv. regularly, he that owes suit to
the leet, owes none to the hundred,
except by custom...
cxlvi. special customs derogating from
the common law are good as to hun-
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