T. 3, CH. 1. PART II. subject to any settlement, mortgage, conveyance, or devise of the manor, as parcel thereof, though made before the time when the lord became entitled to it (a). 304. Persons who Custom must be ob served on a re-grant. All those who have any estate in a manor, though it be only for years, or even at will, or defeasible by a condition, may re-grant a copyhold which escheats or comes to them in any other way. And such grant will bind the lord who has the inheritance of the manor ; for each of those persons is dominus pro tempore, and within the custom (b). And for this reason, even an infant, a person of unsound mind, an outlaw, or an excommunicate, is capable of making voluntary grants of copyholds (c). And so a steward of a manor may make voluntary grants; for he represents the lord to all intents (d). And if a lord of a manor devises that his executor shall grant copyholds according to the custom of the manor for payment of his debts, the executor, though he has no estate in the manor, may make grants accordingly (e). But, with these exceptions, persons not having a lawful estate in a manor, cannot make voluntary grants. Thus it is settled, that tenants at sufferance, disseisors, abators, or intruders, cannot bind the lawful owners of a manor by their grants of copyholds (f). 305. When the lord grants a new estate by copy, since it is an estate against common right, and warranted only by the custom, that must be strictly pursued to bind the heir (g). A custom, however, enabling the lord to grant greater estates will also enable him to grant less estates, but not vice versâ (h). 306. (a) 1 Cruise T. 10, c. 6, § 5-7;6 Cruise T. 38, c. 3, § 40, 41. (b) 1 Cruise T. 10, c. 2, § 3; Burton, § 1347; Co. Litt. 58 b. (c) 1 Cruise T. 10, c. 2, § 10; Burton, § 1347. (d) 1 Cruise T. 10, c. 2, § 14. (e) Co. Litt. 58 b; 1 Cruise T. 10, c. 2, § 9. (f) 1 Cruise T. 10, c. 2, § 12. (g) 1 Cruise T. 10, c. 2, § 30; Burton, § 1436. (h) 1 Cruise T. 10, c. 2, § 32 Burton, § 1436; 2 Bl. Com. 370. T. 3, CH. 1. Copyhold Copyhold grants derive their effect from the custom of PART II. the manor, and not from the estate of the lord; and hence the tenant is subject to no charges or incumbrances of the grants do lord (a). 307. not derive their effect from the lord's estate. of statutes No statute in which lands or tenements of a customary Application tenure are not expressly mentioned, shall be applied to to copy customary estates, if such application would be derogatory to the customary rights of the lord or tenant (b). 308. (a) 1 Cruise T. 10, c. 2, § 39; 2 Bl. Com. 370. (b) Burton, § 1286; 1 Cruise T. 10, c. 3, § 54. holds PART II. T. 3, CH. 2. Extinction of copy. holds. 1. By surrender or release to the lord. 2. By con veyance or demise by the lord to the tenant for a particular estate. 3. By de mise to a stranger, and assignment by him to the tenant. 4. By enfranchisement. What estate the lord CHAPTER II. OF THE EXTINCTION OF MANORS, MANORIAL RIGHTS, 1. IF a copyholder surrenders his estate to the lord, to the use of the lord, or without declaring any use (a), or releases all his estate and interest to the lord, it will operate as an extinguishment of his copyhold (b). 309. 2. Any conveyance of the land by the lord to the copyholder for an estate of freehold, or even for a term of years, will extinguish the copyhold. For the estate of the copyholder, being only at will, becomes merged by the acces sion of any greater estate (c). 310. 3. Upon the same principle, if the lord demises land held by copy to a stranger for years, and the stranger assigns over his term to the copyholder, the copyhold is thereby extinguished (d). 311. 4. The next mode of extinguishing a copyhold is by enfranchisement, by which the tenure is changed from base to free. This may be done by the lord's releasing to the copyholder his seignorial rights and services (e), or by his making a conveyance to the tenant in fee simple (ƒ). 312. The lord of a manor, who enfranchises a copyhold, must must have. either be seised in fee simple, or have a power to convey the fee simple of the lands to the copyholder (g). But Who may take an (a) 1 Cruise T. 10, c. 6, § 2, 4. (d) 1 Cruise T. 10, c. 6, § 11. (e) 1 Cruise T. 10, c. 6, § 13; 9 Jarm. & Byth. by Sweet, 573. (f) Burton, § 1351; 9 Jarm. & Byth. by Sweet, 573. (g) 1 Cruise T. 10, c. 6, § 18. T. 3, CH. 2. enfranchise although a copyholder have a particular estate only in PART II. his copyhold, yet he may take an enfranchisement, which will be deemed absolute. But a Court of Equity will direct ment. a conveyance from the heirs at law of the particular tenant to the persons in remainder, on their paying a proportionate part of the consideration given for the enfranchisement (a). 313. veyance, instead of re-grant. 5. If lands formerly granted by copy, instead of 5. By conbeing re-granted by copy, are conveyed by an ordinary assurance for life or years by the lord, when he is seised of the manor in fee simple, this will destroy the custom of granting them by copy (b), unless they are included in the conveyance of the manor of which they are parcel (c). But if a person who is only tenant in tail or for life or for years of a manor, conveys by an ordinary assurance lands formerly granted by copy, though as to himself the custom of granting by copy is thereby destroyed, yet, as to the issue in tail or the reversioner, the custom is not destroyed. So it is in the case of a husband seised in right of his wife (d). 314. lord pur being lands held of admitted to his manor. 6. A person cannot be both lord and tenant of the same 6. By the lands. And therefore if he purchases, and is admitted to, chasing and lands held of the manor of which he is lord, the copyhold interest therein is immediately merged in his freehold estate as lord, and extinguished. And for the same reason, if there are several lords of a manor as tenants in common, and one of them, having a moiety of the manor, purchases, and, with the concurrence of the other lords, is admitted to lands holden of the manor, his copyhold interest in the lands, as to a moiety thereof, is extinguished (e). 315. (a) 1 Cruise T. 10, c. 6, § 19; 9 Jarm. & Byth. by Sweet, 573. (b) 1 Cruise T. 10, c. 1, § 31, 35; Burton, § 1344; Ex parte Lord Henley, 29 Beav. 311. (c) 1 Cruise T. 10, c. 1, § 33, 34. (d) 1 Cruise T. 10, c. 1, § 35; Burton, § 1344: Ex parte Lord Henley, 29 Beav. 311. (e) Cattley v. Arnold, 4 K. & J. 595. PART II. T. 3, CH. 2. 7. By an 7. If lands formerly granted by copy are extended upon a statute or recognizance acknowledged by the lord, or are extent, or an assigned to the lord's wife for dower, the lands can never afterwards be granted by copy (a). 316. assignment for dower. Extinction of the manor itself. If all the freeholds get into the hands of one freeholder, the manor is suspended for the time; and if the demesnes are severed from the services, or if the services become extinct, the manor, as a strict legal manor, is extinguished, and it becomes a manor in reputation only. The extinc tion of the manor, however, does not affect the powers or rights of the lord and customary tenants (b). 317. (a) 1 Cruise T. 10, c. 1, § 32. 191 (e); 1 Cruise T. 10, c. l. $ 11. |