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Mon Jul 27 1998 at 07:16:33 (26 years ago )
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Gerry Adams
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Many apologies for my dull home node. I can only assure you that there is method in my mediocrity, and ask you to amuse yourself with the following passage by Myles na Gopaleen:

A solicitor well known in the west -- I do have jars with him on me holidays when the circus is in town --

The Plain People of Ireland: The circus?

Myself: Sorry. The circuit. But there's not much difference, really, when it gets on to midnight in the bar.

Well, this distinguished jurist has written to me asking whether an estate with remainders to the first and fourth sons in tail can be alienated without reversionary codicils terminating pro tanto all seignory advowsons in gross, the assumption being that appendant copyholds can be extinguished at will under the Land Transfer Act 1897.

Alas, the answer must be no. Any estate held as between coparceners without the inseisinment of freebench copyholds must stand in foeffment pending eschat of all incorporeal rent-charge bars, subinfeudations in frankalmoign aperte, mesne rights, copycharges presented a prendre, or devises held by chartered copybrokers possessio fratris, pur autre vie, or even quosque.

We have close analogy in the right of soicage where it ranks for beneficial apportionment of any chattel-warrants engrossed with interfeudal droit in fee. The undercopy-holder has the advowson absolutely, with uncommitted scutage and burgage rights where the estate subsists in petty serjaunty. All engrossments must be registered, with the privity of the Lord Lieutenant; similarly with instruments of attornment, frankalcheign, seisinfoimaunt, cesser of cestui qui caveats en grand playsaunce du roi, interfeudalated copywrite of cave, and recovenanted socage-bills subsisting part in petty serjaunty and part in foeff-frankalseignory majeur.

There, possibly, I might crave permission to leave the matter.

- Myles na Gopaleen