Fines In Copyholds
Legal definition for Indian law research
Definition
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.
When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.
When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.
Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.
The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless a special custom fix it; it must, however, be reasonable, and not excessive, for excessus in re qualibet jure reprobatur communi, and two years' improved value of the land, deducting quit rents, but not land-tax, is now the full extent which the Courts will allow the lord to take in the exercise of this arbitrary power, except on voluntary grants, for then it is altogether in the lord's option.
If the fine be certain, the tenant should come prepared to pay it, but the lord cannot refuse admittance because the fine is not tendered to him. When the fine is uncertain, the practice is to fix a reasonable day and place of payment.
Upon payment of a fine the steward delivers a copy of the Court-roll, which is the tenant's muniment of his title.
After 1925, in consequence of the enfranchisement of copyholds by the Law of Properties Act, 1922, s. 128, fines were included among the manorial incidents to which the enfranchised land remains subject until the manorial incidents have been extinguished as provided by the Act, and by s. 130(5) of that Act fines are recoverable as simple contract debts and not otherwise. Part II of the 13th Sched. Of that Act sets out the scale of compensa-tion payable upon extinguishment. See Scriven or Elton on Copyholds, Chitty's Statutes, tit. 'Copyholds,' and COPYHOLD.
When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.
When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.
Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.
The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless a special custom fix it; it must, however, be reasonable, and not excessive, for excessus in re qualibet jure reprobatur communi, and two years' improved value of the land, deducting quit rents, but not land-tax, is now the full extent which the Courts will allow the lord to take in the exercise of this arbitrary power, except on voluntary grants, for then it is altogether in the lord's option.
If the fine be certain, the tenant should come prepared to pay it, but the lord cannot refuse admittance because the fine is not tendered to him. When the fine is uncertain, the practice is to fix a reasonable day and place of payment.
Upon payment of a fine the steward delivers a copy of the Court-roll, which is the tenant's muniment of his title.
After 1925, in consequence of the enfranchisement of copyholds by the Law of Properties Act, 1922, s. 128, fines were included among the manorial incidents to which the enfranchised land remains subject until the manorial incidents have been extinguished as provided by the Act, and by s. 130(5) of that Act fines are recoverable as simple contract debts and not otherwise. Part II of the 13th Sched. Of that Act sets out the scale of compensa-tion payable upon extinguishment. See Scriven or Elton on Copyholds, Chitty's Statutes, tit. 'Copyholds,' and COPYHOLD.
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