A treatise of tenures, in two parts: containing I. the original, nature, use and effect of feudal or common law tenures. II. Of customary and copyhold tenures, explaining the nature and use of copyholds, and their particular customs, with respect to the duties of the lords, stewards, tenants, suitors, &c (Google eBook)

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Printed by H. Lintot for D. Browne, J. Worrall and A. Millar, 1757 - Land tenure - 338 pages
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Page 158 - ... disposed of, and therefore may as well, and with as good reason, be applied to the disposition of copyhold as freehold estates ; since it is not the nature of the thing disposed of that is to rule or govern either in one case or in the other.
Page 159 - ... to him and his heirs, and the fifter is his heir, and though he has the lands as reprefentative of his father, yet he hath them to him and his own reprefentatives ; but when he never got pofleffion, he never executed the power he had of taking the lands to him and his reprefentative, fo that this power devolves upon the younger fon as reprefentative of his father, for the law gives the eftate to him and his reprefentative, who is reprefentative of the dead perfon Now when he that is reprefentative...
Page 320 - freeholders, the other for the copyholders ; and since that for the ' copyholders as to granting copies, &c. may be held off the manor, ' there is no reason that because the court baron is void, that therefore ' the admittance should be void ; for they are as two distinct courts ; ' and the admittance had been good, had the court been only the
Page 265 - JS, if the tenant for life die, living JS, there it seems clear that the remainder is destroyed, for it cannot take effect as by the limitation it ought. But then if tenant for life in that case had committed a forfeiture, or made a surrender, and...
Page 159 - ... the possession of the lessee for years was the possession of the elder brother, who may have possession before admittance ; for in that case he was not admitted ; for, if it be...
Page 168 - ... manor there is a cuftom which hath been ufed time out of mind; That certain tenants within the fame manor have ufed to...
Page 163 - ... the admittance of tenant for life is the admittance of him in remainder, to vest the estate in him, but shall not bar the lord of his fine, which he ought to have by the custom.
Page 194 - Lcv - 3"the death or tenant for lire, he lhall be ad- 505. . mitted, and pay a fine; for though his eftate of tenant for life vefts, yet he was never tenant to the lord for the admittance to which he pays his fine. But if a copyholder in fee furrenders to the ufe of one for life, and the tenant for life dies, he may enter without any new admittance, or paying any fine; for he had his old eftate in him, and he was admitted tenant before...
Page 332 - ... which a diftrefs may be taken ; and as it is part of a manor, it is held of fome fuperior lord. Per fe it feems a rent-fervice cannot be granted by copy, no more than rentcharges, or commons in grofs, which yet may be granted by copy, as they are appendant to any other thing. No...
Page 80 - ... becaufe confirming the eftate to hold by lefler fervices is, by implication, a grant or releafe of the reft ; for he could not hold by lefler fervices, unlefs the reft were releafed; but if he confirms to hold by greater or new fervices, this is void, becaufe this doth not amount to a new grant from...

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