ECCLESIASTICAL MANORS-continued. apportionment of rents, fines, &c., on enfranchisement, 433. doctrine of, in copyhold estates, 22. between jointure and freebench, 163, 164. as to payment of rents of assise in money or corn, 211. ELEGIT, tenancy by, in copyholds, 37. writ of, formerly not available, 122. fine on admittance of tenant by, 184. EMBLEMENTS, widow's right to, 163. ENCROACHMENT, rights of common extinguished by, 272, 285. by copyholder, whether of copyhold tenure, 285, 286. power of homage jury as to, 307. ENFRANCHISEMENT AT COMMON LAW, by consent of Board of Agriculture to grant of waste by lord, by declaration of Board of Agriculture with consent of lord as when presumed, 153, 219, 337, 338, 355. effect of, on heriots, quit-rents, customary reliefs, &c., 204, 211, does not affect lord's right to escheat, 223, 353, 354. when it extinguishes rights of common, 268, 269, 356. meaning of term, 352. how effected, 352, 353. severs copyhold from the manor, 353. who can effect, in copyholds of inheritance, 354. in copyholds for lives, 354, 355. who may accept, 355. acceptance of, by copyholder with limited estate, 355. provisions of Conveyancing, &c., Act, 1881, as to title to make, 356. disadvantages attending, 356. how rights of way, fishing, &c., affected by, 357, 358. effect of, in barring entail, 358. on customary incidents attaching to land, 358. enrolment of deed of, 359. ENFRANCHISEMENT, STATUTORY, (a) voluntary under Copyhold Acts, who may effect, 365, 366. who may accept, 365, 367. notices requisite when party to, has limited interest, 365. declaration of title by lord, 366. when mortgagee may enfranchise, 367. 1 ENFRANCHISEMENT, STATUTORY-continued. how effected, 368. consideration for, 369. payment of consideration for, 369-371. receipt for consideration, 370. recovery of consideration if paid to lord without title, 371. application of consideration when paid into court, 372, 403. where consideration is a rent-charge, 372. commencement of rent-charge, 372. when rent-charge payable, 372. charge of consideration on land, 373. where consideration is land, position of lessee, 373. effect of, 373, 374, 414, 415. under what title lands are held after, 374. how existing mortgages affected by, 374. expenses of, how borne, 408, 409. steward's compensation on, 412, 414. does not extinguish rights of common, 415. easements for minerals reserved on, 415, 416. inspection of court-rolls after, 417. consents to agreement by ecclesiastical corporation for, 42S. information to be supplied to Board of Agriculture on, 478. form of deed enfranchising copyholds, 490. extinguishing manorial incidents, 491. (b) compulsory under Copyhold Acts, notice to tenant of his right, 70, 156, 312, 323, 380. when lord may require, 375, 376. when tenant may require, 375, 376, 378. who is lord for purpose of, 376. declaration of title by lord, 376, 377. who entitled to act for lord under disability, &c., 377. when steward represents lord, 377. appointment of agent by lord, 377. who is tenant for purpose of, 379. by mortgagee, 380. where land held in undivided shares, 380. who can compel, in manors where derivative interests entered on court rolls, 380. appointment of agent by tenant, 381. where tenant under legal disability, &c., who may act, 382. death of lord or tenant during proceedings for, 378, 382. notice of desire for, how served, 383. notice of acceptance of scales of compensation fixed by Board of Agriculture, 383. when Board of Agriculture may suspend proceedings, modes of ascertaining consideration for, 385-387. ENFRANCHISEMENT, STATUTORY—continued. (b) compulsory under Copyhold Acts-continued. time for appointment of umpire by valuers in, 388, 389. fresh appointment of valuer or umpire in, 389. ascertainment of quantities and boundaries of land, 391. reference of questions arising in valuations to Board of appeal from decision of Board of Agriculture, 396. preparation and confirmation of award, 397, 398. commencement of enfranchisement, 398. when consideration for, must be a rent-charge, 398, 399. days of payment of rent-charge, 399. remedies for recovery of rent-charge, 400. when rent-charge may be redeemed, 401. consideration for redemption of rent-charge, how fixed, 401. recovery of redemption money, 401. priority of rent-charge, 401. when rent-charge appurtenant to manor, 401, 402. sale of rent-charge by a limited owner, 402. receipt by limited owner for consideration, 403. how consideration dealt with, if lord refuses to accept, 403. payment of consideration in case of limited owner, 403. if manor held on charitable trust, 404. if corporation is lord, 405. if to the use of a benefice, 405. lord's remedies to recover consideration, 405. charge of consideration on land, 406. effect of charge, 406. remedies exerciseable by owner of charge, 406. charge by lord when purchasing tenant's interest, 407. transfer of charge on manor, 408. expenses of, how borne, 409. if incurred by trustee, 409, 410. where dispute as to title, 411. expenses of redeeming rent-charge, 412. steward's compensation on, 412-414. effect of, 414, 415. lord's right to minerals, how affected by, 416. user of soil of enfranchised lands, 417. restrictions affecting land, how far affected by, 417. tenant's obligation as to boundaries, how affected by, 417. inspection of court rolls after, 417. custody of court rolls after, 417. ENFRANCHISEMENT, STATUTORY-continued. (b) compulsory under Copyhold Acts-continued. in manors where derivative interests entered on court rolls, 420-423. who is tenant for, 421. effect of, 421. local enquiry by Board of Agriculture as to enfran- order for enfranchisement throughout manor, 422. who liable for, 422. apportionment of contribution, 423. how enfranchisement effected, 423. in Crown manors, 425-427. in ecclesiastical manors, 433, 434. minute of Board of Agriculture as to, 466. scale of compensation framed by Board of Agriculture, allowance to valuers, 476. forms for, issued by Board of Agriculture, 477-492. (c) under Acts other than Copyhold Acts, under Lands Clauses Consolidation Act, 1845...109, 418-- 420. Crown Lands Acts, 423-425. Duchy of Lancaster Acts, 427. Episcopal and Capitular Estates Acts, 429, 430. University and College Estates Acts, 434-436. Poor Law Acts, 438, 439. Literary and Scientific Institutions Act, 439. Consecration of Churchyards Act, 1867...439. ENQUIRY BY BOARD OF AGRICULTURE, for apportionment of compensation among commoners, 294. as to enfranchisement throughout manor where derivative for determination of disputes as to manorial rights, 440. ENROLMENT, of disentailing assurances, 28, 29, 32. of licence to demise by lord of settled manor, 37, 103. of conveyances to charitable uses, 61. of copyhold assurances, 65, 75, 81. of devises, 85. of deed of sale by tenant for life under Settled Land Acts, 104. of deed of conveyance under Lands Clauses Consolidation Act, of enfranchisement deed, 359, 424, 438. ENTAIL. See Estates Tail. ENTRY, RIGHTS OF, on forfeiture, 1, 224. descent of, 137. EPISCOPAL AND CAPITULAR ESTATES ACTS, who may enfranchise under, 368, 428, 429. general incidents of, 22. may be limited to uses, 24. entail of, 26. how barred, 27, 28. conveyance of, 93. customary descent of, 139. EQUITABLE MORTGAGE. See Mortgage. EQUITY OF REDEMPTION, descent of, 139. when mortgagee will have, 222. ESCHEAT, for felony in gavelkind tenure, 8. nature of lord's right to, 220, 222. provisions of Intestates' Estates Act, 1884, as to, 221. Crown cannot take copyholds by, 221. of equitable estates, 221. of trust and mortgage estates, 221, 222. waiver of, by lord, 222. right to, barred by lapse of time, 222. effect of commutation or enfranchisement, 223, 353, 364, 414. ESCUAGE, TENURE BY, nature of, 5, 6. ESTATES IN COPYHOLDS, quantum of, determined by custom, 24. nature of, 21–45. creation of unauthorised, 35, 223. evidence of, 344. ESTATES PUR AUTRE VIE, nature of, 33. effect of death of tenant having, 33. provisions of Wills Act, 1837, as to, 33, 34, 85, 86, 516, 518. how barred, 27. meaning of, in Fines and Recoveries Act, 1833...28, n. consent of protector of settlement to bar of, 28, 29. if equitable, how barred, 27, 28, 53. into what estate convertible, 30. |