Tenants Law; Or, the Laws Concerning Landlords, Tenants and Farmers (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1768. Excerpt: ... If a lord will prescribe never to hold a court but when it pleaseth himself, this is not good, because it plainly tends to a desect of justice: But to prescribe ne, ver to hold a court for the special good of any one tenant, except the same tenant will pay him a fine for the same, that is good and reasonable; for general courts are held for the general good of the district within the bounds of the manor; and if every particular tenant had a right to demand a particular court it would be endless, and chargeable to the lord. If a copyholder surrender his land to the use of a stranger, in consideration that the same stranger shall many his daughter before such a day, if the marriage succeeds not, the stranger takes no benefitby the surrender. But if the surrender be in consideration that the surrendree shall pay such a sum of money at such a day, though the money be not paid, yet the surrender standeth good; because in the last case the surrenderor has clearly a remedy for the money, and in the former, he may not be able to compel the stranger to marry his daughter. Many customs there are, which at the beginning were voluntary, and now, by continuance, are grown compulsory: Qua initio fuerunt voluntatis, ex postfaSio fuerunt necessitous, saith the-civil, law; which also, in many cases doth agree with the common law.,1' Wilsul denying of services is a forseiture. Lit. And if a copyholder convert part of his land into a fishery, it is a forseiture. Lit. Rep. 268. But if tenant for lise of a copyhold suffers a recovery as tenant in. see-simple, this is no forfeiture. 1 Mod. Rep. 199. If a fold-course is not due of common.right, but of custom, and there is disturbance for it, it is no forseiture. Lit. Rep. 267.: 1 .' '.;. ' . And of all forfeitures committed by ...