Synonyms for copyholds or Related words with copyholds
Examples of "copyholds"
Ewyas Lacy ceased to exist as an administrative entity with the abolition of hundreds in the Local Government Act 1888. The final residual
were converted to freeholds in the Law of Property Act 1922
A copyhold was a parcel of land tenure granted to a peasant by the lord of the manor in return for services, such as agricultural services. Such grants/servitude was not always in the best interest of the peasant and the copyhold could be extinguished by an act of the tenant showing an intention not to hold the land any longer.
may be extinguished by the union of the copyhold and the freehold in the same person.
were gradually enfranchised (turned into ordinary holdings of land—either freehold or 999-year leasehold) during the 19th century. Legislation in the 1920s finally extinguished the last of them.
were gradually enfranchised (turned into ordinary holdings of land – either freehold or 999-year leasehold) as a result of the Copyhold Acts during the 19th century. By this time, servitude to the Lord of the Manor was merely token, discharged on purchasing the copyhold by payment of a "fine in respite of fealty". Part V of the Law of Property Act 1925 finally extinguished the last of them.
Orehoved was probably established around the 14th century at a clearing in the forest. There is nothing left of the old village which in 1509 consisted of just four
. There was little success with farming, prompting a comment in the accounts of 1662 stating that there were only two fields with very poor soil. In 1766, the village became the property of Hvededal Farm but returned to the State in 1793. The farmers became independent landowners in the 1850s but the State kept the forests which were sold to Johannes Wilhjelm in 1869. Wilhjelm built a new manor called Orenæsgård in 1869 but it was torn down in 1982.
Customary freehold is in English law a species of tenure which may be described as a variety of copyhold. It is also termed privileged copyhold or copyhold of frank tenure. It is a tenure by copy of manorial roll, but not expressed to be at the will of the lord. It is, in fact, only a superior kind of copyhold, and the freehold is in the lord. It is subject to the general law of
, except where the law may be varied by the custom of the particular manor.
Encroachment on the heath apparently began in the earlier 17th century when cottages began to be illegally erected on both the Bergholt Hall manor and Cooks Hall manor wastes. By the mid 18th century many encroachments were sanctioned as long as they were registered in the manor courts. Although a few 18th-century intakes were large additions to existing freeholds or
, many were occupied by small cottages or shops; other encroachments included one for a barn, another for a brick kiln, and a third for a house, but most were small and the heath was still largely unenclosed in 1777.
Also survivals of medieval manor farming practice, these are the zones of grassland reserved for the commoners of the township – those who held the
(or later freeholds) of the dozen or more farms within the parish. Each was allowed to graze a certain number of bullocks, cows or sheep upon the commons between spring and late autumn. By the 18th century, this regulation of the manor court was being abused, and various unauthorised villagers let their animals onto the grounds to feed. In 1895 an Act of Parliament finally set up a regulatory body known as the West Tilbury Common Conservators, allows the proper use of the several parts of the Commons.
Vidal's major work was the translation of Johann Lorenz Mosheim's "Commentaries on the Affairs of the Christians before the Time of Constantine", vols. i. and ii. 1813, vol. iii. 1835. He had antiquarian tastes, and communicated papers on trial by ordeal and on the site of Kenwith Castle, Devonshire, to the Society of Antiquaries of London, through his friend Henry Wansey. He prepared the third edition of "A Treatise on
" (London, 1821, 2 vols.) by Charles Watkins, and the fifth edition of the work on "Tenures" (London, 1824) of Sir Geoffrey Gilbert.
The estate was once again passed to various noble families until 1667, when Charles II granted it to Charles Paulet, 1st Duke of Bolton. He was followed successively by his son and grandson, but by the mid 18th century it was back in royal hands, being held successively by Prince William Henry (up to 1805) and Prince Frederick (until 1827). Subsequently, the manor was deemed "not important to be kept", and the
of the manor, which included estates in Minstead, Burley, Bartley and Poulner, either became enfranchised or passed to the Crown.
To this end his name is associated with the Fines and Recoveries Abolition Act 1833; the Inheritance Act 1833; the Dower Act 1833; the Real Property Limitation Act 1833; the Wills Act 1837; the Copyhold Tenure Act 1841; and the Judgments Act 1838. The second was called for by the preference which the common law gave to a distant collateral over the brother of the half-blood of the first purchaser; the fourth conferred an indefeasible title on adverse possession for twenty years (a term shortened by Lord Cairns in 1875 to twelve years); the fifth reduced the number of witnesses required by law to attest wills, and removed the distinction which existed in this respect between freeholds and
; the last freed an innocent debtor from imprisonment only before final judgment (or on what was termed mesne process), but the principle stated by Campbell that only fraudulent debtors should be imprisoned was ultimately given effect to for England and Wales in 1869.
The main business of the court baron was the resolution of disputes involving a lord's free tenants within a single manor, to enforce the feudal services owed to the lord of the manor by his tenants, and to admit new tenants who had acquired
by inheritance or purchase, for which they were obliged to pay a fine to the lord of the manor. The English jurist Edward Coke described the court in his "The Compleate Copyholder" (1644) as "the chief prope and pillar of a manor which no sooner faileth than the manor falleth to the ground". The court baron was constituted by the lord of the manor or his steward and a representative group of tenants known as the manorial homage, whose job was to make presentations to the court and act as a jury.
There is evidence of further large works being carried out in the Meon Estuary in the 1670s. In a Chancery case starting in 1739 elderly residents testified that boats still sailed up to Titchfield in their lifetimes and only ceased to do so when the heirs of the Earl built a barrier across the river. Although they are imprecise as to date their evidence does bracket the 1670s for the final closure. Also, presentments in the Titchfield Manorial Court in 1676 show that the Lord of the Manor by cutting the New River "hath taken away and doth detain" parts of the
of two tenants, John Cooper and John Landy, implying that at that time the construction of the New River was recent.
The privileges granted to each tenant, and the exact services he was to render to the Lord of the Manor in return for them, were described in the roll or book kept by the Steward, who gave a copy of the relevant entry to the tenant. Consequently, these tenants were afterwards called copyholders, in contrast to freeholders. The actual term "copyhold" is first recorded in 1483, and "copyholder" in 1511-12. The specific rights and duties of copyholders varied greatly from one manor to another and many were established by custom. Initially, some works and services to the Lord were required of copyholders (4 days work per year for example), but these were commuted later to a rent equivalent. Each manor custom laid out rights to use various resources of the land such as wood and pasture, and numbers of animals allowed on the common.
very commonly required the payment of a type of death duty called an heriot upon the decease of the copyholder; to the Lord of the manor.
Real property law in the English and Welsh legal system had evolved from feudalism, and was an immensely complex system understood by only a small number of lawyers. In particular peculiarities meant that land owned by beneficiaries could be sold without the agreement of all the beneficiaries involved, something partially rectified by the Settled Land Act 1882 and the Land Transfer Act 1897. Despite these statutes reform in this area was still needed, and Lord Haldane presented reform bills to parliament in 1913, 1914 and 1915 with no real progress thanks to the opposition of the Law Society. In March 1917 a Reconstruction Subcommittee under Sir Leslie Scott was created to consider land policy after the First World War, and Schuster (who had devilled for Scott when working as a barrister in Liverpool) was appointed as a member. The subcommittee decided that the law should be changed to merge real and personal property law, and that outdated aspects of land law such as
and gavelkind should be eliminated. When Birkenhead became Lord Chancellor in 1919 he inherited the problem of English property law, and immediately instructed Schuster to prepare the department for forcing a bill through Parliament on the matter.
Nayland did have a small agricultural area but most of it lay out in the middle of the parish of Wiston and is nowadays considered to be part of Wiston. Although the official name for Wiston is Wissington, early documents suggest that Wiston is the original name, and it is certainly the one the local people always use. It had been a part of the manor of Nayland in 1066 but by 1087 had been given to a separate Norman family who lived across the river in Essex at Little Horkesley. From then on the history of the two places diverged. Wiston was administered from over the river and its links were with Little Horkesley rather than Nayland. The Lords of the Manor built the little Norman church, which still survives as a separate parish church, and they ran their estates in Wiston in conjunction with their land in Essex. The early wills and the taxation lists which still exist show only farmers in Wiston, and it remained purely an agricultural parish until the end of the nineteenth century. The manor was sold to more distant owners and the old manorial tenements became
and then freehold farms.
Near to the village and the haven lies the Titchfield Canal, earlier known as the New River. It has been suggested that this is the second oldest canal in England, completed in 1611 (Exeter was the first). However, as late as 1676 two tenants, John Cooper and John Landy, complained in the Manorial Court that the Lord of the Manor "by Cutting ye new River hath taken away and doth detain" parts of their
, implying that in 1676 the construction was recent. It lies close to Titchfield Haven, concealed by a bridge with the remains of a sea-lock at the south end. A footpath follows the canal to Titchfield village. It was certainly used for flooding the water meadows, traces of which can still be clearly seen. Whether it was ever used as a navigation channel is still debated. The Earl of Southampton ordered the river to be sealed off from the sea by a wall which was an unpopular move with the villagers as it ultimately ended Titchfield's role as a port.
The main focus of the Exchequer was the collection of royal revenue as part of the greater Exchequer, which was officially undertaken by the Lord High Treasurer. The Exchequer was unique in having jurisdiction in matters of both equity and the common law, the latter initially curtailed after the Magna Carta and reserved for the Court of King's Bench and Court of Common Pleas, although it later grew back. This process of common law and equity was reversed; during the 16th century the Exchequer was solely a common law body, with the equity jurisdiction only again becoming relevant near the end of the Tudor period. W. H. Bryson argues that this happened during the reign of Edward I. By 1590 the Exchequer's jurisdiction over equity cases was confirmed, and it was handling a significant number a year, including disputes over trusts, mortgages, tithes and
; since taxation was ever-present, it was not difficult to show that the dispute prevented the payment of a debt to the monarch, allowing the Writ of Quominus.
In the reign of Victoria there was a vast mass of legislation dealing with real estate in almost every conceivable aspect. At the immediate beginning of the reign stands the Wills Act 1837. The transfer of real estate was simplified by the Real Property Act of 1845 and by the Conveyancing Acts of 1881 and 1882. Additional powers of dealing with settled estates were given by the Settled Estates Act 1856, later by the Settled Estates Act 1877, and the Settled Land Act 1882. Succession duty was levied for the first time on freeholds in 1853. The strictness of the Mortmain Act was relaxed in favour of gifts and sales to public institutions of various kinds, such as schools, parks and museums. The period of limitation was shortened for most purposes from twenty to twelve years by the Real Property Limitation Act 1874. Several acts were passed dealing with the enfranchisement and commutation of
and the preservation of commons and open spaces. The Naturalization Act 1870 enabled aliens to hold and transfer land in England. The Felony Act 1870, abolished forfeiture of real estate on conviction for felony. The Agricultural Holdings Acts 1883 and 1900, and other acts, gave the tenant of a tenancy within the acts a general right to compensation for improvements, substituted a year's notice to quit for the six months' notice previously necessary, enlarged the tenant's right to fixtures, and limited the amount of distress. By the Intestate Estates Act 1884 the law of escheat was extended to incorporeal hereditaments and equitable estates. Among other subjects which have been dealt with by legislation in the 19th century may be mentioned land transfer, registration, mortgage, partition, excambion, fixtures, taking of land in execution, declaration of title and apportionment.
The effect of these Acts was to make lands held in fee simple devisable by will in writing, to the extent of two-thirds where the tenure was by knight service, and the whole where it was in socage. Corporations were incapacitated to receive, and married women, infants, idiots and lunatics to devise. An Act of 1660, by abolishing tenure by knight service, made all lands devisable, in the same vein the Statute of Frauds (1677) dealt with the formalities of execution. Up to this time simple notes, even in the handwriting of another person, constituted a sufficient will, if published by the testator as such. The Statute of Frauds required, "inter alia", that all devises should be in writing, signed by the testator or by some person for him in his presence and by his direction, and should also be subscribed by three or four credible witnesses. The strict interpretation by the courts of the credibility of witnesses led to the passing of an Act in 1751-1752, making interested witnesses sufficient for the due execution of the will, but declaring gifts to them void. The will of a man was revoked by marriage and the birth of a child, of a woman by marriage only. A will was also revoked by an alteration in circumstances, and even by a void conveyance "inter vivos" of land devised by the will made subsequently to the date of the will, which was presumed to be an attempt by the grantor to give legal effect to a change of intention. As in Roman law, a will spoke from the time of the making, so that it could not avail to pass after-acquired property without republication, which was equivalent to making a new will.
were not devisable before 1815, but were usually surrendered to the use of the will of the copyhold tenant; an act of 1815 made them devisable simply. Devises of lands have gradually been made liable to the claims of creditors by a series of statutes beginning with the year 1691.
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