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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,

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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.

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Prior to the Stat. of Quia Emptores, Manors might have been
divided even by the Act of the Party
Authorities favorable to the Opinion that they can be so divided
even since that Stat.

Authorities to the contrary

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By what Acts Demesnes are severed, and cease to be demisable by

Copy

By Custom waste Lands may be granted by Copy, with the Assent
of the Homage, being an Exception to the Rule that Copyholds
cannot now be created

Effect of the Allotment and Award under an Inclosure Act, as re-

gards the legal Estate in Copyholds

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Customs of Manors must be immemorial, reasonable, and certain
Examples

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Land imperceptibly added to the Demesnes of a Manor by Alluvion
belongs to the Lord, but Land left by sudden Retirement of the
Sea belongs to the King

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THE ANTIQUITY OF COPYHOLD TENURE.

INCIDENTAL QUALITIES.

Copyholds are held at Will in Contemplation of Law
Descendible Nature

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Collateral Qualities incident to Freehold, as Dower, &c., do not

extend to Copyholds, except by Custom..

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The Principle of general Occupancy not applicable to Copyholds
That of special Occupancy is applicable

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Whether the Lord has Power over the Copyhold of a Lunatic
By Custom he may appoint a Guardian to an Infant Copyholder

Customary Estates tail ..

Customary Dower, or Freebench

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Of his Qualifications, his Grants, &c. ..
Reference to the Case of Doe & Whitaker, on the Effect of a Grant
at a Court held out of the Manor

Reference to the Commutation and Enfranchisement Act, 4 & 5

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