Gambar halaman
PDF
ePub

Supplement

TO THE SECOND EDITION OF

"A TREATISE ON THE LAW OF COPYHOLDS AND
CUSTOMARY TENURES OF LAND"

CONTAINING

1893

THE COPYHOLD ACT, 1894

With Notes on the Sections thereof,

AND

AN ADDENDUM TO THE SAME TREATISE.

BY

CHARLES I. ELTON,

OF LINCOLN'S INN, ONE OF HER MAJESTY'S COUNSEL,

Author of "The Tenures of Kent," "The Law of Commons and Waste Lands," "A Treatise on the Law
of Copyholds and Customary Tenures of Land," "The Origins of English History," etc., and
Joint Editor of " A Treatise on the Law of Copyholds, &c." (2nd edit.),
and" Robinson on Gavelkind" (5th edit.);

AND

HERBERT J. H. MACKAY,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, LL.B.,
Joint Editor of "A Treatise on the Law of Copyholds, &c." (2nd edit.),
and "Robinson on Gavelkind," (5th edit.).

LONDON:

WILDY AND SONS,

LINCOLN'S INN ARCHWAY, CAREY STREET, W.C.,
Law Publishers.

LONDON:

PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE-E.C.

PREFACE.

1-22-35

[ocr errors]

IN 1893, a few months after the appearance of the Second Edition of "A Treatise on the Law of Copyholds and Customary Tenures of Land,” a Bill was introduced in the House of Lords by the Lord Chancellor for the purpose of consolidating the six Copyhold Acts passed between 1841 and 1887. The Bill was referred to a Joint Committee of the two Houses, but was not passed into an Act in that Session. In the following year a Bill on the lines settled by the Joint Committee was introduced, and received the Royal Assent on August 25th, 1894. It will be found that this Act closely corresponds with the analysis of the Copyhold Acts contained in Chapter XI. of the Second Edition of the Treatise on the Law of Copyholds and Customary Tenures of Land above referred to. The Act of 1894, however, omitted some of the provisions contained in the earlier Acts which appeared not to have been put in force and were believed to be of no practical value. On one or two points on which some doubt existed, the Act of 1894 contains

[blocks in formation]

provisions which do not appear in any of the previous Copyhold Acts. The differences between the Act of 1894 and the former Acts are mentioned in the notes to the sections of the Act of 1894 in this Supplement.

The Supplement also contains an Addendum to the Treatise in which additional cases and new statutory provisions are noted with references to the paging of the Second Edition of the Treatise. By means of these references the reader will be enabled to see åt once what the alterations have been since the appearance of the Second Edition.

An Index to the whole of the Supplement has been added, and care has been taken to make it full and complete; and in the Table of Cases reference is made to as many of the reports as possible.

March, 1898.

CHARLES I. ELTON.

HERBERT J. H. MACKAY.

TABLE OF CASES.

Abingdon, Baring v., (1892) 2 Ch. 374; 62 L. J. Ch. 105; 67
L. T. 6; 41 W. R. 22
Applefourth, Jenyx v. (1575), 1 Brownl. 182

Arden v. Wilson (1872), L. R. 7 C. P. 535; 41 L. J. C. P. 273; 26 L. T. N. S. 887

Att.-Gen. v. White (1733), Comyns, 433

Bailey, Western v., (1897) 1 Q. B. 86; 66 L. J. Q.
L. T. 470; 45 W. R. 115

PAGE

73

74

6

[blocks in formation]

Ball, Phillips v. (1859), 6 C. B. N. S. 811; 29 L. J. C. P. 7; 6 Jur. N. S. 48

Baring v. Abingdon, (1892) 2 Ch. 374; 62 L. J. Ch. 105;
L. T. 6; 41 W. R. 22

Beal v. Shepherd (1607), Cro. Jac. 199

Beighton v. Beighton (1895), 43 W. R. 658

67

67

[ocr errors]

73

70

73

3

Bingham v. Woodgate (1829), 1 R. & M. 32; Taml. 183; 8
L. J. O. S. Ch. 46

[blocks in formation]

6, 12

Brabant v. Wilson (1865), L. R. 1 Q. B. 44; 35 L. J. Q. B. 49; 6 B. & S. 979; 12 Jur. N. S. 24; 14 W. R. 28 Bullen's Case (1607), 6 Rep. 77b; 1 Brownl. 189; Yelv. 186 - 74 Carter v. Carter, (1896) 1 Ch. 62; 65 L. J. Ch. 86; 73 L. T. 437; 44 W. R. 73

[merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

Cooke, Searle v. (1890), 43 Ch. Div. 519; 59 L. J. Ch. 259; 62
L. T. 211
Cruddas, Ramsey v., (1893) 1 Q. B. 228; 62 L. J. Q. B. 269;
68 L. T. 364 -

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small]

Doe v. Scott (1825), 4 B. & C. 706; 7 D. & R. 190; 4 L. J.
O. S. K. B. 39
Doe v. Whitaker (1833), 5 B. & Ad. 409; 3 N. & M. 225
Easton v. Penny (1892), 67 L. T. 290; 41 W. R. 72
Ecclesiastical Commissioners for England v. Parr,
Q. B. 420; 42 W. R. 561; 63 L. J. Q. B. 115;
170

[blocks in formation]
[ocr errors]

(1894) 2 70 L. T. - 1, 69, 71, 78

Fletcher v. Ingram (1695), 5 Mod. 127; 1 Salk. 175; Comb. 350; Holt, 187

Fysher, Lincoln (Earl of) v. (1596), Cro. Eliz. 581

68

74

74

« SebelumnyaLanjutkan »