hold Commissioners, and to print the Copyhold Acts of 1852 and 1858 at the end of the work. It is hoped that there may be room for a work of this kind, notwithstanding the existence of so many important treatises upon the same subjects, among which the first place must be given to the great work of Serjeant. Scriven and the useful manuals of Mr. Rouse and Mr. Cuddon on the subject of the enfranchisement of copyholds.

2. New Square, Lincoln's Inn,

May 1874.

C. ELTON.

----

CHAPTER I.

Introductory.

-

Origin of copyholds-Copyholds and customary estates

defined Customary freeholds- Freeholds with

customary incidents-Old division of tenures-

Freehold Tenures in villeinage Division of

Copyholds-Tenant-right estates-Local freehold

tenures-Ancient demesne-Burgage-Gavelkind

-Nature of manors-Subjects of copyhold tenure

Separate tenements Portions of wastes

Shares in open fields-Shares in particular pro-

ducts of land-Tithes-Case of Musgrave v. Care

as to fold-course and common in gross-General

rule―Copyhold customs-Requisites of valid local

custom

p. 1

CHAPTER II.

Nature of Estates in Copyholds.

General rules applicable to copyholds and freeholds

alike Reversionary estates-Contingent remain-

ders in copyholds-Undivided estates-Equitable

estates-Follow rules of legal estate-Statute of

Frauds-Constructive trusts-Resulting trusts-

General rules-Attendant terms-Estates in futuro

-Powers of appointment-Springing and shifting

uses-Maximum of estate allowed by customs of

various manors-Division of copyholds. I. Copy-

holds of inheritance Customary fee-simple-

Conditional fee-Base fee-Customary entails—

Old modes of barring such entails-Fines and

Recoveries Act-Mode of disposition-Of legal

entail-Of equitable entail-Enrolment on court-

roll-Principal provisions of the Act-Who may

dispose of entailed estates-Limited dispositions

-Disposition by married woman-Office of pro-

tector-Period of enrolment-Estates for life-

Estate pur autre vie-Occupancy-Special occu-

pancy Descendible freeholds - Quasi-entail -

Effect of Wills Act-Chattel interests in copyholds

Lease for a year-Leases by special custom—

Leases by licence-Leases of settled estates -

Licences by owners of settled estates-Tenancies

at will-By sufferance-By Elegit. II. Copyholds

for lives-West of England tenure-Copyholds

for lives successively-For joint lives-Other va-

-

rieties of tenure-Copyholds for lives in Northern

Counties-Customs of barring lives in remainder

by first taker-What estates to be granted under

various customs-Resulting trusts in copyholds

for lives-Tenant-right of renewal-Fine certain

-Right of nominating successor-Options and

preferential claims to renewal-Trustee renewing

for his own benefit. III. Copy holds for years-

Conventionary estates in Cornwall-General rules

as to copyholds for years.

CHAPTER III.

Conveyance of Copyholds.

p. 25

Modes of conveyance-Voluntary grant-Surrender and

admittance-Devise-Other modes. I. Voluntary

grant-Who may grant-Persons with limited

interest-Grants by joint owners-By stewards-

Grant how to be made-Its effect-Who may

take-Admittance when requisite. II. Surrender

and admittance-Lord's assent required for change

of tenancy-Alienation of customary freeholds-

Conveyance of copyholds severed from manor—

Usual form of surrender-Authority of steward to

admit-Improper forms of surrender-Where the

lord is not compelled to admit-Admittance to

accord with surrender-Presentment-Not now

required-Requisites of surrender-In what form

to the use of the lord-To the use of another per

son-Admittance when implied-When not im

plied-Who may surrender-Who may not sur-

render-Conveyances of persons under disability

-Infants-Lunatics-Married women-Surren-

der by attorney-When not allowed-Authority

of attorney-Effect of surrender-Tenant cannot

convey more than he has got-To what uses sur-

render may be made-Unborn or unascertained

persons-Surrender to use of husband or wife-

To persons to be afterwards appointed-Settle-

ment of copyholds on trusts-Trusts how declared

-Conveyance to charitable uses-Construction of

surrenders Estate of surrenderee - Of surren-

deror-Effect of surrender as between lord and

tenant-As between the parties-As to convey-

ance by an unadmitted purchaser - Voluntary

conveyances of copyholds Surrenders when

supplied in Equity-Effect of admittance-Admit-

tance by attorney-Admittance how compelled-

Effect of admittance of particular tenant-Re-

admittance when required-Conveyance of copy-

holds on sale-Covenant to surrender-Its effect

-Enrolment of surrender-Searches for incum-

brances Special conditions - Requisitions

Specific performance" Dayne surrender" -

"Excepted tenements "-Mortgage of copyholds

Second mortgage-Discharge-Equitable mort-

gage. III. Devise of copyholds-Surrender to

use of will-Some copyholds formerly not devise-

able-Dormant surrender-Act of 55 Geo. III. c.

192-Only supplied matter of form -Wills of