A Treatise on the Law of Copyholds and Customary Tenures of Landmicroform; With an Appendix Containing an Abstract of the Stamp Duties Affecting Copyhold Estates, the Copyhold Acts of 1852 and 1858, and the Principal Official Forms Used
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. 1874 edition. Excerpt: ...choose another guardian (a). By the statute 1 Will. 4, c. 65, enacted in place of 9 Geo. 1, c. 29, the lord may appoint a guardian for an infant who does not come for admittance, for the purpose of such admittance and the payment of the fine; and the guardian so appointed may reimburse himself his expenses and the amount of such fines, notwithstanding the infant's death, in the manner provided by the Act. Guardianship by custom is found in certain freehold lands, as by the customs of burgage tenements in various cities and boroughs, and by the custom of London (now disused in this respect) giving the guardianship of orphans to the corporation. Guardianship by custom may also be found in freehold lands of ancient demesne tenure, and in gavelkind lands in Kent, where the infant is in ward until the age of fifteen (b). In the case of freehold lands the customary varieties of guardianship have ceased to be of importance (c). Fines. 4. The Lord's Fine. Upon the admittance of a new tenant a fine is (a) Kiteh. 202. (6) For an account of guardianship in gavelkind, see Rob. Gav. ii. c. 3. Lamb. Peramb. 563; Tenures of Kent 79. The guardianship of orphans in London lasted in the case of males till the age of 21 years, in the case of females till the age of 18 years or marriage. Macph. Infants, 48. 7 Vin. Abr. Customs of London. (c) On the whole subject of guardianship, see Co. Litt. 88, b. and notes by Hargreave. in general due to the lord as a consideration for the admittance; but in some manors no fine is due for admittances upon descents, or for the admittance of a widow or widower to the land taken as freebench or customary estate by the curtesy. In some manors a small fine is payable upon alienation of any part of the tenement by surrender, or under...
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