Manor - Law Dictionary Search Results
Home Dictionary Name: manor Page: 3Commandery
Commandery, a manor or chief messuage with lands and tenements thereto appertaining, which belonged to the priority of St. John of Jerusalem, in England; he who had the government of such a manor or house was styled the commander, who could not dispose of it but to the use of the priory, only taking thence his own sustenance, according to his degree. The manors and lands belonging to the priory of St. John of Jerusalem were given to Henry the Eighth by 32 Hen. 8, c. 20, about the time of the dissolution of abbeys and monasteries; so that the name only of commanderies remains, the power being long since extinct....
Common
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Conditional fee
Conditional fee. This species of formerly inheritable freehold (now, equitable interest, except under (English) Law of Property Act, 1925, s. 8) is marked, as to its duration or time of continuance, by an event beyond which it is not to endure. The event is the qualification which gives a name to this estate, and ascertains its determination. A fee qualified is frequently called a fee base, i.e., impure, defective, and circumscribed. There is hardly any event, provided it be lawful, and do not violate the rule against perpetuity, which may not be made the cause of the determination of this fee.The following events are specimens of qualifications, which may be expressly annexed to this estate.A limitation to A. and his heirs--(1) Peers of the realm;(2) Lords of the manor of Blackacre;(3) Tenants of the manor of Dale;(4) During the time whilst a particular tree shall stand;(5) Till the marriage of a certain person takes place;(6) Till certain debts be paid;(7) Till default be made in pay...
Customary Court-baron
Customary Court-baron, a court which should be kept within the man or for which it is held. It may be held anywhere within the manor, at the pleasure of the person holding it, unless some ancient custom require it to be held in a certain place.The court-baron was to be held from three weeks to three weeks, or, as some think, as often as thelord chose. And it should seem clear, tht the lord may hold a customary court as frequently as he pleases, and compe the attendance of his tenants who hold by villein or base services, 2 Wat.Cop., c. i. p. 9; and see Elton or Scriven on Copyholds.It is to be observed that although there should be no freeholders of the manor, by which the Court-baron or freeholders' court is lost, yet still there mabe a customary court; for as these two courts are distinct (though frequently held at the same time, the same roll serving to record the proceedings of both), the want of freeholders does not preclude the lord from holding a customary court for his copyhold...
Estrays
Estrays, such valuable animals as are found wandering in a manor or lordship, the owner whereof is not known; in which case the law gives them to the Sovereign, and they now most commonly belong to the lord of the manor by special grant from the Crown. But they must be proclaimed in the church and two market towns next adjoining to the place where they are found; and then, if no person claim them, after proclamation and a year and a day passed, they belong to the Sovereign or his substitute, without a redemption, even though the owner was a minor or under any other legal incapacity. The doctrine of estrays is only applicable to animals domit' natur', 2 Steph. Com.A valuable tame animal founds wandering and ownerless; an animal that his escaped from its owner and wanders about, Black's Law Dictionary, 7th Edn., p. 572....
Fees
Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...
Lep and lace
Lep and lace, a custom in the manor of Writtle, in Essex, that every cart which goes over Greenbury within that manor (except it be the cart of a nobleman) shall pay 4d. to the lord, Blount....
Roll of Court
Roll of Court, the Court-roll in a manor, wherein the business of the Court, the admissions, surrenders, names, rents, and services of the tenants ae copied and enrolled. 'Copyhold lands are lands holden by copy of Court roll; that is, the muniments of the title are copies of the roll or book in which an account is kept of the proceedings in the Court of the manor to which the lands belong.'-Williams on Real Property. As to custody, an superintendence, of the Master of the Rolls, see COPYHOLD, and Law of Property Act, 1924, 2nd Sch....
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...
Conventionary tenements
Conventionary tenements, there were in Cornwall 17 assessionable manors originally belonging to the Duchy of Cornwall. In those manors certain tenements (known as 'Conventionary tenements') were held by way of leases which were perpetually renewable every seventh year at the Assesion Court, Rowe v. Brenton, (1828) 8 B&C 737....
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