the law of copyhold property were brought into the House of Commons, one, for abolishing customary modes of descent, and the taking of heriots in specie; another, to enable persons having partial Estates to enfranchise, and obtain the enfranchisement of lands held by copy of Court Roll; and the third, for the amendment of the law relating to lands held by copy of Court Roll. In the mean time, it is necessary to become acquainted with the alterations which the recent statutes have already effected in the prior state of the law; and with this view some hope is entertained that the present short treatise may not be without its use to the Profession.

Trinity Vacation,

1837.

CONTENTS.

CHAPTER I.

CONCERNING COPYHOLD PROPERTY IN GENERAL.

1. Of the Tenure by Copy of Court Roll, the Manor, the customary

Court, the Demesnes, and the Suspension and Destruction of

the Copyhold Interest...

. Page 1

2. Of the Distinction between Copyholds, customary Freeholds, or

privileged Copyholds, and Lands of the Tenure of ancient

Demesne: herein of the Remedies for customary Freeholders,

and of the Enactments in the Statute for the Abolition of Fines

and Recoveries respecting customary Freeholds, and ancient

Demesne Lands

3. As to the Right of Voting...

6

9

4. Of Customs, Descent, Possessio Fratris, and Discontinuance :

herein of the Statutes for amending the Law of Inheritance,

and for the Limitation of Actions ..

10

5. Of the Liability of Copyhold Property to Debts: herein of the Stat.

3 & 4 W. 4, c. 104, and as to the Marshalling of Assets. 13

6. Of the Subjection of Copyhold Property to Statute Law: herein

as to various Statutes within which the Property falls. . 14

CHAPTER II.

CONCERNING THE LORD.

1. Of his Interest in the Copyholds, and his Power to make voluntary

Grants, and take Admittances on Surrenders: herein of Grants

for the Lives of others..

Page 17

. Of his Power to enfranchise, extinguish, or suspend the

Tenure: herein of the Interest of Lord and Tenant; of

the Extinguishment and Suspension of the Copyhold Interest;

of the Destruction of an Estate tail; of a Rent reserved on an

Enfranchisement; of the Extinguishment of Right of Common;

of the Severance of a Copyhold from the Manor by the Aliena-

tion of the Freehold Interest; and as to the Presumption of

an Enfranchisement..

19

3. Of his Power to grant Licenses to demise, &c.: herein of

the Interest created by a demise with License.

4. Of his

22

Interest in the Commons and Copyhold Lands:

herein of his Power to enclose, to grant Portions of Common,

to dig Pits, to fell Trees, and to open and work Mines...

23

CHAPTER III.~

CONCERNING THE STEWARD.

Of his Power to make Grants, take Surrenders, and grant Admit-

tances; and as to his Fees

26

CHAPTER IV.

CONCERNING THE TENANT.

SECT. I.-1. Of the Tenant's Interest in the Copyhold Lands, and of

the Extinguishment and Forfeiture of the Tenure: herein as

to various Acts of Forfeiture, and the Consequences thereof;

as to the Forfeiture and Escheat of legal and equitable Es-

tates; and of the Statute 4 & 5 W. 4, c. 23, respecting the

Escheat and Forfeiture of real and personal Property. Page 28

2. Of the Tenant's Interest in the Wastes of the Manor, his Right to

fell Trees, to open and work Mines, to dig Sand,
&c.; and as

to Common of Estovers

33

3. Of Services and Rents: herein of Amercements; of Services ren-

dered by Joint Tenants, Coparceners, and Tenants in Common;

of Quit Rents, and the recent Statute of Limitations. .. 34

4. Of Heriots: herein of Heriots payable on the Death of Joint

Tenants, Coparceners, and Tenants in Common; of the In-

crease and Reduction of Heriots; of the Recovery of Heriots,

and the Statute of Limitations applicable thereto; and of the

Enactment in the recent Statute of Wills respecting the Pay-

ment of a Heriot, &c. by a Devisee, where the Custom did not

admit of the Property being devised...

SECT. II.-Of Grants and Surrenders.

36

1. Of the Assurance by Grant and Surrender: herein as to Sur-

render by Attorney, and of the Rules of Construction applicable

to, and the Interests created by a Surrender...

38

2. Of the Surrenderor: herein of the Interest of Surrenderor; of the

Effect of a Surrender; of Surrender by unadmitted Heir, by

Joint Tenant, by Infant, by Husband and Wife entitled in her

Right, by Feme Covert alone, by Tenant in tail, by Husband to

Use of Wife, and by Feme Covert not being Tenant in tail. 40

3. Of the Subject of Grant and Surrender

44

4. Of the Interest created by Surrender

Page 45

(1.) Of conditional Fees and Estates tail, of the Modes of barring

Estates tail, both legal and equitable, and of the Merger of

equitable Estates tail

45

(2.) Of general and special Occupancy: herein of the Enactments in

the Statute for the Amendment of the Laws with Respect to

Wills concerning Estates pur autre vie..

46

...

(3.) Of Remainders vested and contingent: herein of Words of

Limitation, and the Rule in Shelley's Case; of Surrender to

Husband and Wife, and the Survivor, and the Heirs of such

Survivor; of the Disposition of contingent Interests by Deed;

of the Support and Failure of contingent Remainders; of the

Destruction of a contingent Remainder by Enfranchisement;

of the Settlement of Copyhold Property; and of Trustees to

preserve contingent Remainders

48

(4.) Of Trusts, and the Recognition thereof by the Lord: herein as

to the Entry of Trusts on the Court Rolls

53

(5.) Of Trusts executory and executed, and the Devolution thereof :

herein of the Disposition of contingent and executory In-

terests

54

(6.) Of resulting and implied Trusts: herein of Purchases in the

Name of a Stranger, a Child, or Wife, and of the Disposition

of a resulting Trust by Will

56

(7.) of future Uses: Semble, that Copyhold Property may be sur-

rendered by Way of future Use..

59

(8.) Of shifting or secondary Uses: Semble, that Copyhold Property

may by Surrender be subjected to such Uses: herein of an

Appointment in Exercise of a Power contained in a Sur-

render..

59

(9.) Of conditional Surrenders by Way of Mortgage: herein as to

the Admission and Non-admission of Surrenderee; of the

Priority of Mortgagees; of Forfeiture by Mortgagor; of equit-

able Mortgages by Deposit of Copies of Court Roll, and their

Priorities; of searching the Court Rolls for Incumbrances;

of Lien for Purchase-Money unpaid; and as to the Sale of

Property charged with equitable Mortgage
61