COURTS, MANORIAL-continued. (a) court-baron-continued. customary court sometimes called the court-baron, 303. judgment in, evidence of, 348. form of style of, 496. of presentments in, 497. (b) court-leet, what it is, 301. how created, 301. how far useful now, 301. antiquity of, 301. view of frank-pledge formerly annexed to, 301. who liable to attend, 301, 302. usual mode of summoning jury for, 302. duty of steward of manor in, 302. usual number of jury in, 302, 306. effect of evidence of non-user, 336. presentment in, 496. (c) customary or copyholders' court, necessary in manors where there are copyholders, 10, 12. when holding of, necessary, 65. proclamations at, when no copyholders present, 153, 220. sometimes called the court-baron, 303. jury in, sometimes called homagers, 303. where it should be held, 303. provisions of Copyhold Act, 1841, as to holding of, 303, 304, 305, 312, 519-521. who is judge in, 304. duties of the steward in, 304. duties of the copyhold tenants in, 304. notice required for holding of, 305. how usually summoned, 305. procedure on assembling of, 305. usual practice as to formation of jury in, 306. whether verdict of jury in, final as to customary inclosure, 306. COVENANT, requisites of, 333, to renew under-lease, effect of, 44. to surrender, when enforced, 67. cannot be enforced by lord, 72. contents of, in case of mortgage, 79, 80. for title contained in covenant to surrender, 73. COVENANT-continued. for title, who may sue upon, 74. to surrender, no fine due to lord on, 74, 190. for production of court-rolls, when to be made, 77. to renew lease, not a forfeiture, 229. in leases, effect of enfranchisement on, 374, 415. Cows-GRASS to be distinguished from rights of common, 16. CREDITORS, copyholds not within the statute for protection of, 66, 122. may take copyholds in execution, 66, 123. surrender might be supplied in aid of, 86. may take ancient demesne lands in execution, 326. CROWN, ancient demesne of the. See Ancient Demesne. creation of courts a branch of prerogative of, 10, n. grant by, of right of free-warren, 238. to estrays, 240. to waif, 241. to take wreck, 242. to hold fairs and markets, 244. of frank-foldage, 246. to hold court-leet, 301. may grant in free-alms, 325. when enfranchisements presumed against, 219, 337. CROWN MANORS, tenants in privileged villeinage found in, 4. mandamus to compel admittance does not lie in, 72. appointment of steward in, 308. parliamentary surveys of, 334. enfranchisements in, how effected, 423. enfranchisements under Crown Lands Acts in, 423-425. ascertainment of compensation, 424. payment of compensation, 424. enrolment of enfranchisement deed, 424, 425. effect of, 425. power of tenant to mortgage for, 425. priority of mortgage for, 425. enfranchisements under Copyhold Acts in, 425–427. payment of compensation when Crown interest reversionary, 425. how compensation to be applied, 426. how enfranchisement effected, 426, 427. enrolment of enfranchisement deed, 427. how enfranchisement effected where manor held in joint tenancy with the Crown, 427. trustee for Crown in enfranchisements to be indemnified, 427. CURTESY, CUSTOMARY, when widower may have, 149, 157. definition of, 166, 167. how it differs from curtesy in freeholds, 166. out of what tenements, 167. in copyholds for lives, 167. whether assignment necessary, 167, 168. husband's possession will be referred to, 168. in gavelkind lands, 8, 168. in burgage, 168. in ancient demesne, 168. in commuted copyholds, 168. destroyed by commutation and enfranchisement, 358, 364, 414. CUSTOM, constitutes title to copyholds, 1. may modify title to freeholds, 2, 7, 8. extinguished by enfranchisement of copyhold, 9, 127, 358, 414. may be general or particular, 18, 18, n. requisites of particular, 19, 252. how far affected by Acts of Parliament, 19, 20, 121-125, 341, may interpret customary assurances, 23, 59, 62, 345. determines amount and nature of copyholder's estate, 24, 26, may warrant creation and bar of estate-tail, 26, 27, 345. as to leasing, general, 34, 229. instances of special, 35. as to bar of estates in copyholds for lives by first taker, 40, 41, as to renewal of copyholds for lives, how proved, 43, 174, 344. of preference in renewal in copyholds for lives, 44. as to renewals in copyholds for years, 44. as to re-granting escheated tenements as copyholds, 46, 47. for lord to make voluntary grants, construction of, 48. to notice trusts in customary assurances, 51, 61. that steward shall prepare all surrenders, 51. as to surrender by an infant, 54. married woman, 56. attorney, 57. for avoidance of surrender, unless admittance within certain to compel admittance, lord may waive, 72. of remainderman, 73. enquiry as to, on sale of copyholds, 75, 77, 78. to compel mortgagee to take admittance, 80. as to conditional surrenders to such uses as surrenderee may as to devises, 82, 83. INDEX. CUSTOM-continued. to take provisional admittance, 90. of descent, to be strictly construed, 126. to what estates it extends, 135. may extend to manors, advowsons, rents, services, does not extend to tithes, 138. when extending to equitable estates, 139. operation of, in ascertainment of heir, 140, 141. how affected by Inheritance Act, 1833...142-147. to forfeit or seize quousque for neglect of admittance, 152, 153. as to curtesy, 166-169. as to guardianship, 169, 170. as to fines on admittance, 170. as to arbitrary fines, 177. that no fine is due from heir, 182. as to fine payable by widow or widower, on admittance, 185. by remaindermen, 185. as to fine for licence to alienate, 195. as to payment of, and remedies for, heriots, 200-201. as to multiplication of heriots, 204. as to reliefs, 210. as to quit-rents, 211. effect of interruption of, 218. as to forfeitures, 223, 224. effect of lease not according to, 230. may restrict rights of estovers, 231. as to ownership and possession of minerals and trees, 232, 233, 235, 236, 238. provisions of Prescription Act as to claims by, 236. what evidence necessary to establish, 236, 338, 339, 340. province of jury as to finding for, 237. to erect booths on wastes of manor during fair, 245. right to take profits from stranger's land not claimable by, 248. for copyholders to have right of common, 249. as to rights of common, 249, 250, 252-254, 256. for homage to make bye-laws regulating common, 256, 307. lord's rights over manorial wastes determined by, 273, 275, for lord to make grants of the wastes, 279-284. to inclose common at discretion void, 282, 283. for tenants to make inclosures from wastes, 284, 304, 305. for severalty owner in common field to inclose, 291. as to holding of manorial courts outside manor, 301, 303. as to swearing jury in court-leet, 302. for steward to make grants of the wastes, 311. for steward to prepare all surrenders, 312. CUSTOM-continued. when exercise of right should be shown to prove, 339, 340. requisites of user as evidence of, 340–342. is a local law, 19, 340. effect of non-user on evidence of, 341. what is a reasonable, as between lord and tenants, 341, 342. in one manor, how far evidence of custom in another, 342, 343. commutation under Copyhold Acts on, 364. question as to, in enfranchisements, reference of, 395. CUSTOM OF HUSBANDRY, tenure by, 5, n. CUSTOMARY COURT. See Courts, Manorial (c). CUSTOMARY DESCENT. See Descent. CUSTOMARY FREEHOLDS, nature of, 2, 5. differ from freeholds modified by custom, 2, 3, 6. how usually conveyed, 50. manorial incidents affecting, compulsory extinguishment of, CUSTOMARY GUARDIANSHIP. See Guardianship. |