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Home Dictionary Name: scrivener Page: 2Manor
Manor [fr. manerium, Lat.; manoir, Fr., habitation, or manendo, of abiding there, because the lord usually resided there], an estate in fee-simple in a tract of land granted by the sovereign to a subject (usually of power and consequence) in consideration of certain services to be performed. The tenementales were granted out; the dominicales (whence the ter demesne) were reserved to the lord; the barren lands which remained formed the 'wastes'; the whole fee was termed a lordship or barony; and the Court appendant to the manor the Court baron. Every manor (with some doubtful and unimportant exceptions) is of a date prior to the statute of Quia Emptores (18 Edw. 1, c. 1).'A manor,' says Mr. Joshua Williams, 'was made by the owner of an estate in fee carving out other estates in fee to be held by other freeholders as his tenants. A manor consists of demesnes and services: of demesnes, that is, of lands of which the freeholder, now become lord of a manor, is seised in his demesne as of fe...
Heriot
Heriot [supposed by some to be derived fr. here, Sax., an army, and geat, provision, Willis, 194. Coke derives it fr. here, lord, and geat, beste, i.e., the lord's beste, Co. Litt. 185 b], the right of the lord of a manor to the best beast of the deceased tenant of a manor, which beast may be seized by the lord, although it has never been within the manor, Western v. Bailey, (1897) 1 QB 86; but if a customary freehold tenement is mortgaged, and the mort-gagor being in possession dies, the heriot is not due because he had no legal seisin at the time of his death, Copestake v. Hoper, (1908) 2 Ch 10. Originally a tribute to the lord of the manor of the horse or habiliments of the deceased tenant, in order that the militi' apparatus might continue to be used for national defence by each succeeding tenant.A customary tribute of goods and chattels, payable to lord of the fee on tenant's death, Black's Law Dictionary, 7th Edn., p. 732.The extinction of heriots was first attempted by the (Engl...
Hayward
Hayward, one who keeps a common herd, of cattle of a town, and the reason of his being so called may be, because one part of his office is to see that they neither break nor cross the hedges of enclosed lands; or because he keeps the grass from hurt or destruction. He is an officer appointed in the lord's Court, to look to the fields and impound cattle trespassing thereon; to see that no pound breaches be made, and if any be, to present them to the leet, etc.,-Kitch. 46; Scriven on Copyholds.A officer of a town or man or responsible for maintaining fences and hedges, esp. to prevent cattle from breaking through to an enclosed pasture; A cattle herdsman, Black's Law Dictionary, 7th Edn., p. 723...
Court-baron
Court-baron, a court which, before 1926 (see COPYHOLDS), although not one of record, was incident to every manor, and could not be severed therefrom. It was ordained for the maintenance of the services and duties stipulated for by lords of manors, and for the purpose of determining actions of a personal nature, where the debt or damage was under forty shillings.This court might be held at any place within the manor, giving fifteen days' notice, including three Sundays. Of the day when the court will be held; but three or four days' notice have been deemed sufficient. It was frequently held together with the court-leet, and generally assembled but once a year.The freehold tenants alone were suitors to the Court-baron; and it was essential to the existence of the court that there should be two suitors at the least; for since freemen can only be tried by their peers or equals, should there be but one freeman, he could then have no peer or judge, and consequently he had to appeal to the co...
Customary freeholds
Customary freeholds have been converted into 'socage tenure' by the (English) Law of Property Act, 1922, s. 189, see COPYHOLD. Owing to its historical intrest the following note has been preserved unaltered from the previous edition of the Lexicon. ' Also denominated, privileged copyholds of frank tenure; they were known inancient times as estates inprivileged villenage or villein socage, and are estates held by custom, but not at the lord's will, in which they differ from copyholds; yet the will of the lord in copyhold is reduced to a mere fiction. These lands are of such singular nature that, when they are compared with mere copyholds, they may be called freeholds, and when compared with absolute freeholds, they maybe denominated copyholds. While the freehold interest or estate rests with the tenant, the freehold tenure is in the lord. (Mr. Serjeant Scriven dissents from this proposition in his workon Copyholds, vol. ii. pp. 572 et seq.) They are usually transferred by surrender into...
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...
Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Court Rolls
Court Rolls, a book,or series of books, in which an account of all the proceedings and transactions of the customary court of a manor was entered by a person duly authorized. The person who makes the entries is the steward, and the court rolls are kept by him,but subject to the right of the tenants to inspect them.Copyhold tenure was abolished by the (English) Law of Property Act, 1922, but the Law of Property (Amendent) Act contains provisions for the preservation and superintendence of Court Rolls, ibid. 2nd Sched. II. See MANORIAL DOCUMENTS; Williams on Real Property. Consult Scriven or Elton on Copyholds...
Copyhold
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...
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