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On Tables for the Enfranchisement of Copyholds of Inheritance

Published online by Cambridge University Press:  18 August 2016

Edward Smyth
Edward Smyth*
Affiliation:
Institute of Actuaries Institution of Surveyors
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Extract

Occasional allusions to copyhold tenure are met with in works upon actuarial science, and in exercises for students; and the admirably lucid paper by Mr. Peter Gray upon the Theory of Successive Lives, which appeared in the second volume of the Journal, is likely to be remembered as having a bearing upon the subject. A brief account of the intricacies which beset this tenure, and of the attempts which have been made to cope with the arithmetical difficulties to which these intricacies give rise upon proceeding to convert the tenure into freehold, may not be without interest for some of the readers of the Journal.

Type
Research Article
Information
Journal of the Institute of Actuaries , Volume 21 , Issue 6 , July 1879 , pp. 381 - 406
Copyright
Copyright © Institute and Faculty of Actuaries

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References

page 393 note * “A contract or agreement to surrender, or a surrender void for want of presentment in due time, will be enforced in equity in favour of a purchaser or mortgagee against the heir or widow” (Seriven, p. 138). “When a copyholder surrenders for a valuable consideration, the land is bound both at law and in equity; and he is prevented from surrendering to any other person, but the whole legal estate remains in him, and he has a right to retain the possession subject to Ms accounting for the mesne profits if the surrenderee is afterwards admitted; and if the surrenderor die the estate devolves upon his customary heir, hut he is a trustee for the surrenderee” (Seriven, p. 118; see also Watkins, v. 1, p. 118–9). “It is not in the power of the lord to compel a surrenderee to come in and be admitted, except indeed by special custom; so that, when no such custom exists, the lord cannot have a fine of a surrenderee if he will dispense with admission. The tenancy continues full by the surrenderor, so that if he die his heir must be admitted and pay a fine” (Seriven, p. 226; see also Watkins, v. 1, p. 293, and note).

page 395 note *

English Table No. III, Males, 3 per-cent.