ESTATES TAIL-continued.

powers of protector of settlement, 31.

may be subject to customary descent, 135, 136.
evidence of custom to create, 345.

EVIDENCE,

E.

extent of, necessary to establish a custom, 236, 237, 338.
of user, when conclusive, 237, 238, 328, 329.

when custumal of manor is, 237, 339.

of sufficiency of common on inclosures, 283.
of copyhold tenure, 324, 337.

of freehold tenure, 324, 337.

of tenure in free alms, 324, 325.

in ancient demesne, 325.

in burgage, 326.

in gavelkind, 326.

of disgavelling by Act of Parliament, 326, 327.
of contents of private Act of Parliament, 327.
of existence and contents of manor, 327, 328.
when reputation admissible as, 329-332.
by the verdict of a jury, 332.

award of arbitrator not, of boundary, 332.
by ancient private records, 332.

by manorial surveys, 333.

by parliamentary surveys, 334.

when presentments in court-rolls are, 334.

by ancient leases, perambulations, maps, 335.

as to manorial franchises, 336.

of tenancy of particular manor, 337.

of release of services, 338.

of custom, instances of, 338, 339.

what is best, 339.

requisites of user as, 340, 341.

of customary right capable of enjoyment, 339.

non-user may be, against custom, 341.

by custom of one manor of custom in another, 342, 343.

of right of common claimed by custom, 343.

under Prescription Act, 343, 344.

as to nature of copyholders' estate, 344.

of right of renewal in copyholds for lives, 43, 344.

SS

EVIDENCE-continued.

as to amount of fine, 174, 344.

of custom to create or bar estates-tail, 345.
of copyhold assurances, 345-347.

of steward's signature, when requisite, 346.
of entries in court-rolls, 346.

by draft of a document, 347.

by court-rolls, 347.

of proceedings in manorial courts, 347, 348.
See, generally, Chap. X., pp. 324-348.

"EXCEPTED TENEMENTS," in manor of Yetminster, 79, 508, 509. EXCHANGE,

of copyholds generally, how made, 110.

in common fields, 111.

by incumbents of ecclesiastical benefices, 111.

of parsonages, glebe lands, &c., 111.

by order of court, 111, 112.

by award of valuer under Inclosure Acts, 112, 113.

by order of Board of Agriculture, 113.

under Inclosure Acts, effect of, 112, 114, 116.

of charity lands, 117.

who may apply for, 114, 115.
what may be subject of, 116.

by ecclesiastical corporations, 117.

instructions by Board of Agriculture for effecting, 445. fees of Board of Agriculture in matters relating to, 452. form of application to Board of Agriculture for, 453. EXECUTOR,

of tenant pur autre vie, estate of, 33, 34, 86. of copyholder for years, fine payable by, 183. EXECUTORY USES, surrender to, 60.

EXPENSES,

payable by vendor, 76.

purchaser, 76.

of purchase by lord of tenant's interest, 385, 407.

of enfranchisement, voluntary, 408.

compulsory, 409.

power of Board of Agriculture, 408–411. remedies for recovery, 409, 410.

of trustee, 410.

charge of, 410, 411.

where disputes as to title, 411, 412.
of redeeming rent-charge, 412.

"EXTENTA MANERII," provisions of, 4, 333.

EXTINCTION, EXTINGUISHMENT,

of manor, 10, 301.

of heriots, reliefs, quit-rents, &c., 204, 210, 212.
of free-warren, 239, 240.

of franchise of estrays, 241.

of waif, 242.

of wreck, 243.

of fairs and markets, 245.

may be subjects of copyhold tenure, 14.
descent of dues or profits of, 138.

right to hold, how claimed, 244.

how forfeited, 245.

where they may be held, 244.

tolls and dues in, 244, 245.

remedies for disturbance of, 245.

establishment of, by Act of Parliament, 245.

abolition of fair, under Fairs Act, 1871..245.

change of day of holding fair, 246.

lord's right to, not affected by commutation or enfranchisement,
364, 416.

FEES,

on enrolment of will on court-rolls, 65, 85.

of steward upon surrender, who pays, 76.
on admittance of building, &c. society, 103.

on_enrolment of conveyance by tenant for life under Settled
Land Acts, 104, 193, 194.

for inspection of court-rolls, 316, 417.

of steward, generally, 317-323.

where estates are undivided, 322.

in case of allotments under several titles, 322.
when copyhold taken under Lands Clauses Conso-
lidation Act, 323, 420.

compensation for, on enfranchisements, 412-414,
420.

of Board of Agriculture for transactions under Copyhold and
Inclosure Acts, 443, 452, 493–495.

FELONS' GOODS, franchise of, 11, n.

FEOFFMENT by infant in Kent, 8.
FINE,

may be due from freeholder, 6, 8.

not due on covenant to surrender, 74.
on admittance, 76, 188.

payable by devisee, 85, 86, 183.

saved by power of appointment to trustees for sale, 89.

on provisional admittance, 90.

on conveyance by tenant for life under Settled Land Acts, 104,

192-194.

on conveyance under Lands Clauses Consolidation Act, 1845... 107, 194, 195, 419.

on widow's admittance for freebench, 162, 185.

when generally due, 170, 182.

classification of, 171.

on death of admitting lord, 171–173, 183.

what is a dropping, 172.

on admittance either certain or arbitrary, 173.
definition of fine certain, 173.

arbitrary, 174.

assessment of, 174.

demand of, 175.

when arbitrary, must be reasonable, 175.
effect of refusal to pay, 175, 230.

reasonableness of, how ascertained, 175, 176.

rule as to amount of, 176, 177.

circumstances to be considered in assessment of, 177.

rent reserved on lease not proper basis of, 177.

exceptions to ordinary rule as to amount of, 177.

instances of customs as to, 177, 178.

avoidance of, by purchaser's choice of admittance, 178.
in copyholds for lives, 179.

on admittance of joint-tenants, 180-182, 188.

tenants in common, 182.

on descent to heir, 182.

on death of surrenderee before admittance, 182.

on acquisition of new estate, 183.

from devisee of unadmitted testator, 182.

from person taking as special occupant, 183.

from representatives of intestate tenant pur autre vie, 183.
from executor of copyholder for years, 183.

from coparcener on descent, 183.

not due on falling in of reversion, 184.

entry after condition broken, 184.

from trustees as joint-tenants, 184.

from mortgagee and mortgagor, 184.

from tenant by elegit, 184.

on dealings by trustee in bankruptcy, 184.

on admittance of widower for customary curtesy, 185. when payable by remainderman, 185, 186.

executory devisee, 186.

rules as to apportionment of, 186, 187.

when payable by appointee under a power, 187.

on admittance to several tenements, how assessed, 187.

FINE-continued.

on conveyance by joint-tenants, coparceners, &c., 187.

particular tenant and remainderman, 187.
tenants in common of undivided shares, 187.

rules as to contribution to, 188, 189.

time for payment of, 189, 231.

lord's remedies for recovery of, 189, 190.

not a charge on the lands, 190.

action to recover, when to be brought, 190.

when not due, generally, 184, 190, 191.

on licence to alienate, 195, 196.

right to, on sale of manor, 196.

effect of enfranchisement at common law, 358.

not due on death of lord or tenant during enfranchisement,
378, 382.

compensation for, on compulsory enfranchisement, 391, 473.

FINES AND RECOVERIES ACT, 1833.

effect of, on tenure in ancient demesne, 7, 326.

applies to copyholds, 27-30.

meaning of "estate-tail" and "base fee" in, 28, n.

disentailing assurances may be rectified, notwithstanding, 32.

conveyance by married women according to, 93.

effect of, on evidence of custom to bar entails, 345.

FIRE-BOTE, what it is, 232.

FIRST CROP,

may be copyhold, 15.

may be described as meadow, 329.

FIRST TAKER IN COPYHOLDS FOR LIVES, custom as barring of
lives by, 40, 42, 345.

FISHING, RIGHTS OF,

copyholders may have by custom, 250, 357.

lord's right not affected by commutation or enfranchisement,
364, 416.

FISHING-PLACES, may be held by copy of court-roll, 14.
FOLD-COURSE, RIGHT OF,

definition and incidents of, 17, 246, 247.

how distinguished from frank foldage, 246.