Copyhold - Law Dictionary Search Results
Home Dictionary Name: copyholdCopyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
Fines in copyholds
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...
Copyhold Commissioners
Copyhold Commissioners. The tithe commissioners for England and Wales, appointed under the (English) Copyhold Act of 1841 to be the commissioners for carrying that Act into execution....
Copyhold, Inclosure, and Tithe Commissioners
Copyhold, Inclosure, and Tithe Commissioners, a board constituted under the (English) Inclosure Act, 1845 (8 & 9 Vict.c.118). The powers of these commissioners, of the copyhold commissioners, and of the tithe commissioners, were by s. 48 of the Settled Land Act, 1882, vested in one board called 'the Land Commissioners,' whose powers were in their turn transferred to the Board of Agriculture (now the Ministry of Agriculture and Fisheries), by the (English) Board of Agriculture Act, 1889....
Presentment in relation to copyholds
Presentment in relation to copyholds. In order to give effect to a surrender out of Court it was for-merly necessary that due mention or 'presentment' of the transaction should be made at some subsequent Court.The surrender, and every other document relating to the title, on being presented in Court, had to be endorsed thus:- 'Presented and enrolled at a Court held for the manor of --, the -- day of --,' and then undersigned by at least two of the homage. The ceremony was dispensed with by with Copyhold Act, 1841, s. 89....
Privileged copyholds
Privileged copyholds, customary copyholds....
Copyholder
One possessed of land in copyhold...
Copyholders
Copyholders, are in truth no other but villains who, by a long series of immemorial encroachments on the lord, have at last established a customary right to those estates which before were held absolutely at the lord's will', Co. Litt, 58(a), Halsbury's Laws of England, Vol. 9, para 751, p. 482....
Derivative interests in copyholds
Derivative interests in copyholds. See (English)s. 142 and 12th Schedule to the L.P. Act, 1922...
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