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ON

THE LAW OF COPYHOLDS

AND

CUSTOMARY TENURES OF LAND:

Edith an Appendix

CONTAINING

THE COPYHOLD ACTS OF 1852, 1858, 1887;

THE PRINCIPAL FORMS USED BY THE BOARD OF AGRICULTURE ;

PRECEDENTS OF ASSURANCES, AND FORMS.

SECOND EDITION

REVISED AND ENLARGED

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,"

The Origins of English History, fc."

AND

HERBERT J. H. MACKAY,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, LL.B.

LONDON:
WILDY AND SONS,
LINCOLN'S INN ARCHWAY, W.C.,

Law Publishers.

LONDON:

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

PREFACE

ΤΟ. .

THE SECOND EDITION.

It has been found necessary to make considerable additions to the text of this work owing to the statutes and decisions by which the Law of Copyholds has been affected since the appearance of the first edition. The principal outlines of the work have been preserved, although in one or two chapters the arrangement of the argument has been varied, with the object of obtaining greater clearness. The changes in the law introduced by the Copyhold Act, 1887, have made it necessary to re-cast the whole chapter relating to Enfranchisement.

The Appendix will be found to contain the latest instructions and forms relating to inclosures, the exchange and partition of copyholds, and the enfranchisement of land of all tenures from manorial dues and incidents. A few precedents of copyhold assurances and enrolments have been added. In addition to the Copyhold Acts, 1852, 1858, and 1887, extracts have been made from the Copyhold Act, 1841, as well as from those portions of the Wills Act, 1837, and the latest Stamp Act, which seem to be important in relation to copyhold or customary tenure.

Care has been taken to make the Index complete, and to give references to as many reports as possible in the enlarged Table of Cases.

CHARLES I. ELTON.

HERBERT J. H. MACKAY.

33, CHANCERY LANE,

December, 1892.

(o)

PREFACE

TO

THE FIRST EDITION.

The object of the following chapters is to provide a short and convenient handbook of the Law relating to Copyholds, and to the manorial freeholds with customary incidents, still to be found in so many districts, of which the general resemblance to certain kinds of copyholds has not unfrequently led to disputes and difficulties. It is hoped that the reader will find in this book a succinct statement of those portions of the old law on these subjects which are still necessary to be borne in mind in dealing with customary estates. The writer has endeavoured to shorten the labour of those who are concerned with lands of these kinds, by omitting a great part of what is stated in the old Abridgments, as being rather of historical or archæological value, than of any present practical importance. It has also been thought useful to insert in an Appendix the principal Forms used in dealings with the Copyhold Commissioners, and to print the Copyhold Acts of 1852 and 1858 at the end of the work. It is hoped that there

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