On sale by tenant in tail - disentailing deed to be enrolled.

Consent of Protector.

Assurances on sale by legal or equitable tenant in tail of copyholds: what entries and enrolments necessary.

(k) 9 Geo. II. c. 36; Att.-Gen. v. Gardner, 2 De G. & S. 102; Att.-Gen. v. Munro, 2 De G. & S. 122; quaere, as to the effect on the deed, of the death of any subscriber within twelve months after its execution? see Price v. Hathaway, 6 Madd. 304; 2 De G. & S. 116; and see, as to the attestation, Doe v. Monro, 12 Mee. & W. 845; as to the effect of non-enrolment, see Att.-Gen. v. Ward, 6 Ha. 477, 482; assurances to a charity of land already in mortmain do not seem to require enrolment, Att.-Gen. v. Glyn, 12 Sim. 84; Walker v. Richardson, 2 Mee. & W. 882.

(l) 3 & 4 Will. IV. c. 74, s. 41.

(m) Cattell v. Corrall, 4 Y. & C. 228.

(n) See sects. 38 and 74.

(o) 3 & 4 Will. IV. c. 74, ss. 42 and 46.

(p) Sect. 50.

If the tenant in tail convey by surrender, and the protector consent by deed, such deed must be executed and produced to the Lord of the Manor, his Steward, or Steward's deputy, at or previous to the surrender; and he is to indorse thereon an acknowledgment (which is made prima facie evidence of the fact) of the deed having been so produced; and is to enter the deed and indorsement on the Court Rolls; and then to indorse a memorandum of such entry upon the deed (s).

If the consent of the protector be not given by deed, it must be given to the person taking the surrender by the tenant in tail: and evidence of such consent is to be preserved on the Court Roll, in manner provided in the 52nd section of the Act.

Where the equitable tenant in tail himself assures by deed, the consent of the protector must be given by deed; and if given by a deed distinct from the principal assurance such deed must be executed on or before the day of the execution of such assurance by the tenant in tail; and must be entered on the Court Rolls (t): and an assurance by deed, by an equitable tenant in tail, is to be void against any person claiming for valuable consideration under any subsequent assurance, - (which would include a surrender,) - duly entered on the Court Rolls before the entry thereon of such deed of assurance (u).

Consent of Protector to barring entail in copyholds.

Must be by deed if equitable Tenant in Tail disentail by deed.

(q) See sect. 53.

(r) See sects. 51, 52.

(s) Sect. 51.

(t) The Act does not say that the deed of consent must be entered on the Court Rolls at or before the time when the principal assurance is so entered; but such, it is conceived, is the intention, and it would be at least prudent so to enter it. The 53rd section of the Act does not seem to apply to customary freeholds; Reg. v. Lord of the Manor of Ingleton, 8 Dowl. P. C. 693.

We have already referred (w) to the necessity for the acknowledgment of conveyances by married women; and to the extended power conferred upon them by a recent statute (x).

By the 89th section of the 4 & 5 Vict. c. 35, it is enacted "that after the 31st day of December, 1841, every Surrender and Deed of Surrender which the Lord shall be compellable to accept or shall accept, and also every Will and Codicil a Copy of which respectively shall be delivered to the Lord of the Manor by which the Lands affected by such Surrender, Deed of Surrender, Will and Codicil are parcel, or to his Steward, or the Deputy of such Steward, either at any Court holden for such Manor at which there shall not be any Homage assembled, or out of Court, and also every Grant and Admission by the Lord of any Manor, or his Steward, or the Deputy of such Steward, pursuant to this Act, shall be forthwith entered on the Court Rolls of the Manor by such Lord, or Steward, or Deputy; and every Entry made on the Court Rolls of any Manor pursuant to this present Clause shall for all Purposes whatsoever be deemed and taken to be an Entry made in pursuance of a Presentment made at a Court holden for such Manor by the Homage assembled thereat; and the Steward, or his Deputy, shall be entitled to the same Fees and other Charges for making such Entry on the Court Rolls as he would have been entitled to in respect of such Entry in case the same had been made in pursuance of a PresentChap. xii.

Acknowledgment by married women filing certificate.

Statutory-provisions for immediate entry on Court Rolls of Copyhold assurances.

(u) Sect. 53. Sir Edward Sugden considers it probable that notice would not be held in Equity to supply the want of entry on the Court Rolls; ment made at a Court holden for such Manor by the Homage assembled thereat."

V. and P. 597.

(w) Supra, p. 267, et seq. (x) 8 & 9 Vict. c. 106.

The 6th section of the 8 & 9 Vict. c. 106, appears to extend to contingent interests in copyholds (which previously to the passing of that Act were incapable of alienation) (y); and it is of course desirable, although not essential, that the deed of disposition should be entered upon the Court Rolls.

Where lands of copyhold or customary tenure are taken under the Lands Clauses Consolidation Act, 1845, the conveyance is to be entered by the Steward of the Manor upon the Court Rolls; and upon payment to him of such fees as would be due to him on the surrender of the same lands to the use of a purchaser, he is bound to make such enrolment; and the conveyance, when so enrolled, is to have the effect in respect of such lands as if the same were of freehold tenure (z); but, until the same are enfranchised (a), they are to continue subject to the accustomed tines, rents, heriots, and services. It has been held that, under this provision, the Steward cannot claim the fee which would be due to him on the admittance of a purchaser (b).

Where the estate is not situate in a Register County, and the title deeds are retained by the Vendor, it is prudent to indorse a memorandum of the conveyance upon the leading document of title; that is upon the document which he would have to produce in proof of his title were he to attempt to make any disposition of the estate inconsistent with the rights of the purchaser.

Conveyance of contingent interest in copyholds under late Act.

Assurance of copyholds taken under the Lands Clauses Consolidation Act, 184.% to be entered on the Court Rolls.

Expediency (if land not in Register County) of indorsing notice of the conveyance on leading title deed if remaining with the vendor.

(y) Scriven on Copyholds, 135. As to the purchaser's power of compelling admittance by mandamus, see ibid. 525; admittance may now be granted out of Court and out of the manor, 4 & 5 Vict. c. 35, s. 88.

(z) Sect. 95.

(a) See sects. 95, 96.

(b) Cooper v. Norfolk Railway Company, 3 Exch. 546; 6 Rail. Ca. 94.

Such a memorandum need only specify the date of, and parties to, the conveyance, and particularize the property comprised in it; it is, of course, important to the vendor, that this should be expressed in definite terms; for, if the memorandum were so worded as to leave any doubt as to the precise amount of property comprised in the conveyance, the production of such conveyance would be necessary upon any future dealing with the residue of the estate.

And, as we have already seen, upon the completion of the purchase of an equitable interest in real estate, it is prudent to give notice of the transaction to the owners of the legal estate; but, as a general rule, a purchaser's priority is not affected by his giving or omitting to give such notice (c); however, upon the purchase of an equity of redemption, such notice to the mortgagee who has the legal estate is material, inasmuch as any further advances which he may make to the mortgagor upon the security of the equity of redemption, in ignorance of the sale, will be valid as against the purchaser (d); but the mortgagee could not so tack a judgment debt (e).