PREFACE TO THE FIFTH EDITION. SINCE the publication of the last edition of this Work in 1846, several cases in connexion with the Law of Copyholds have been decided, and the Copyhold Acts of 1852 and 1858 have been passed, to which cases and acts references have been made in the present edition as occasion required. The last edition of the Work was comprised in two volumes: but the Editor, thinking it both desirable and practicable to compress the subject-matter into one volume, has omitted in the present edition such portions of the first volume of the former one as he considered might be well dispensed with, particularly the chapter on Customary Plaints. The contents of the second volume of the last edition consisted of chapters on Customary Freeholds, Ancient Demesne, and the Jurisdiction of Courts Baron and Courts Leet. The greater part of these contents has been retained in the present edition, such only having been omitted as were thought unnecessary. To the second volume of the fourth edition there was attached an Appendix, containing Rules for holding Courts, Precedents of Court Rolls, Copyhold Assurances, &c., and Extracts from Acts of Parliament relating to Copyholds; but the Editor, being aware that the price of the Work would have been considerably enhanced by the retention of the Appendix referred to, which would have rendered a second volume necessary, and considering that the information which the Appendix afforded is readily obtainable from other sources at the command of most practitioners, has deemed it better to withdraw it altogether from the present edition. A Manor may absolutely determine, or become Parcel of another .. Prior to the Stat. of Quia Emptores, Manors might have been Authorities to the contrary By what Acts Demesnes are severed, and cease to be demisable by By Custom waste Lands may be granted by Copy, with the Assent Effect of the Allotment and Award under an Inclosure Act, as re- Customs of Manors must be immemorial, reasonable, and certain How the existence of a Custom is to be tried Of what Customs the Law takes Notice When a Custom is to be construed favorably, and when strictly To what Limitations and Estates a customary Descent attaches Land imperceptibly added to the Demesnes of a Manor by Alluvion THE ANTIQUITY OF COPYHOLD TENURE. Copyholds are held at Will in Contemplation of Law Collateral Qualities incident to Freehold, as Dower, &c., do not extend to Copyholds, except by Custom.. The Principle of general Occupancy not applicable to Copyholds Whether the Lord has Power over the Copyhold of a Lunatic Customary Estates tail .. Customary Dower, or Freebench : Of his Qualifications, his Grants, &c. .. |