FINE-continued.

is due on the admittance of the extendor, when
copyholds are extended
Page 342
semble, that an express or implied admittance
under a writ of elegit, pursuant to 1 & 2
Vict. c. 110, will entitle the lord to a fine

ib., n.
being due on admittance only, is not payable
by reason of the steward's acceptance of a sur-
render from an unadmitted surrenderee 342
contra, on the lord's acceptance of it.. ib.
one fine only is due where a particular estate
and remainders over are created
ib.
the fine on admission to an estate in remainder
is usually one half
ib.
whether the rule as to two years' value would
not be relaxed, where remainder-men are
admitted by the admission of tenant for life,
and the lord be compelled to apportion the
fine
ib., n.
342

the case of Barnes & Corke

one fine only is due when the particular tenant
and remainder-man join in a surrender 343
may be assessed on the particular tenant, or
apportioned
ib.

but the remaindar-man is not compelled to pay
his portion till the death of the particular

tenant

ib.
when the remainder-man is subject to a full
fine, it is not payable till the death of the
particular tenant
very clear evidence is requisite to establish the
lord's right to a fine from a remainder man,

ib.

ib.
the case of The Dean and Chapter of Ely v.
Caldecot
344
confirmation of the rule that, except by special
custom, a remainder-man is not liable to a
fine on the death of tenant for life, and
recognition of the validity of such a custom

346
a person entitled to a rent charge is not contri-
butory
343, n.
whether a fine paid by tenant for life would be
a lien on the lands, on the principle of re-
newal fines for leases
ib.
whether the remission of the fine on admittance
of the particular tenant discharges the re-
mainder-man
ib.

351, n.
351

is due from a special occupant
semble, that an executor or administrator, en-
titled pur autre vie under the Stat. of Wills
(1 Vict. c. 26), is a quasi special occupant,
and to be admitted and fine
ib., n.
does not accrue on a release of right 352
was not due from a disseisee on entry or re-
covery by plaint
ib.
is not due from a cestui que trust or those
claiming under him
.. ib.
nor from the heir of the mortgagor, or the
assignee or devisee of an equity of redemp-
tion, if the mortgagee be admitted .. ib.
nor from the mortgagee, upon a release of the
equity of redemption
.. ib.
but it is to be paid on admittance of a trustee

or mortgagee, or his heirs or devisees .. ib.
and the trustee may reimburse himself the fine
and fees out of the profits of the estate, ib., n.
it is to be assessed by the lord, except by
special custom
352
must be assessed severally on admittances to
distinct copyholds, whether the admissions
be contained in one or several copies .. ib.
admittance of the heir under a surrender to
uses would be a severance from lands left to

356

is no charge on the land

the lord need not identify the lands, as in an
action of debt for quit rents
ib.

the uncertainty or arbitrary character of a fine
negatives a tenant right of renewal 357, &c.
See FORFEITURE; MANDAMUS.
FISHERIES. See FREE FISHERY.

FLOTSAM MARIS. See WRECK.
FOLC-GEMOT (or FOLCKMOTE, or
BURGEMOTE). See LEET..673, n., 675

FOREIGN COURT; judgment in a court not
of record, or foreign court, is conclusive be-
tween the parties, though the jurisdiction
might be controverted
489, n.

it is only in a plain case that the lord can enter
for a forfeiture, so that it is saved if a fine
assessed be unreasonable
354, D.
a surrenderee has no interest to forfeit before
admittance [Roe & Hicks] .. 140, 406, n.
whether a surrenderor would not be answerable
for waste committed by surrenderee in pos-
session
442, 443, n.
but the lord may take advantage of an act of
forfeiture by the surrenderor, and is not com.
pellable by mandamus to admit the sur-
renderee after the act of forfeiture.. 406, n.
the case of The King v. Dame Jane St. John
Mildmay (lady of the manor of Marwell)

406 to 408
whether the lord would not be bound in equity
by an inrolment of a previous conditional
surrender
447, 448, n.
an heir may forfeit before admittance .. 140
the lord not compellable to accept a surrender
framed to defeat his right of entry for a for-
feiture
405

a copyhold would have been forfeited by a
feoffment with livery

ib.

but not without livery

ib., n.

but a bill will lie to settle a general fine ib., 356
is recoverable in debt or assumpsit, except on
admittance of infants, &c., under 1 Will. 4,
c. 65
338, n., 356
therefore a demurrer allowed to a bill in equity
356, 357
an action for fine on admittance was not within
the statute of limitation of 21 Jac.; but pay-
ment would have been presumed after a
lapse of several years
356 & n.
by statute 3 & 4 Will. 4, c. 42, the action is

434
437, n., 446
whether a letter of attorney to make livery
would have created a distinction
446
a copyhold was forfeited by levying a fine on a
disseisin
434, 435
whether by a fine without a disseisin
435
is forfeited by granting a lease beyond the
term of a year without licence, except by
436, 456, 457

custom

436

437

a lease must have a certain beginning and end,
or it will be void, and not operate as a for-
feiture
ib.
a covenant will not amount to a lease to create
a forfeiture, [several examples]
ib.
if the licence of the lord be made a condition of
the lease, it is no demise
438
no forfeiture if the agreement is executory only
438, 439
authorities as to the ground of distinction
between an agreement which passes a present
interest, and which is executory only, 438, n.
the reversion may be forfeited, but it will not
affect a lease granted with licence 439
treason and felony are causes of forfeiture, on
the attainder, (whether held in fee or for
life,) but not without attainder, except by
439, 440, 633, n.
no forfeiture on conviction, except by special
custom, but only on attainder 440, n.
the offence must be capital
ib.
confirmation of the rule that an estate in free-

custom

by wilfully withholding services 444, 445
by suing a replevin on the lord's lawful distress
for rent or services
by inclosing where no inclosure was before, if
prejudicial; or by removing an ancient in-
closure or land mark

ib.
by forging a custumary to the lord's injury ib.
whether a recovery in the lord's court by a
copyholder for life, as being seized of the in-
heritance, was a forfeiture

ib.
the lord can only seize quousque, on neglect
to take admittance, except by custom 341,

by what acts of the lord on forfeiture the copy-
hold interest will be divested
has relation to the act, though advantage of it
cannot be taken until attainder
ib.
but an assignment of personalty for a valuable
consideration, at any time before conviction,
is good

441

ib.

a release or bargain and sale enrolled will not
create a forfeiture
14, 446
nor a surrender in fee by copyholder for life
447

is purged by acquittal, when there is a custom
to seize before conviction is recorded ib.
whether it is purged by allowance of clergy
441, 442
case of a forfeiture by the heir, where the
mother was admitted to freebench 441, n.
a distinction when the heir, who commits trea-
son or felony in the ancestor's lifetime,
afterwards dies leaving issue inheritable, and
when he dies without issue

439, n.

or a guardian (but the guardianship would be
forfeited)

ib.
or a stranger without assent of the copyholder ib.
or even with assent (if a feme covert) ib.
the tenancy of the customary heir before admit-
tance embraces forfeiture
447, n.
equity would relieve, if the copyholder were
not privy to the act

ib.

FORFEITURE-continued.
waste by a copyholder is a forfeiture in all
cases, unless occasioned by the act of God
Page 447

ง

waste by a person admitted wrongfully, and to
whom the right is afterwards released, is
also a forfeiture
ib.
by a wife with her husband's consent is a for-
feiture
448
a forfeiture is by the act of the lord's tenant,
and therefore of a trustee, and not the cestui
que trust, who had no equity against the lord
447
by sect. 3 of 4 & 5 Vict. c. 23, a forfeiture
does not accrue by the attainder of a trustee
or mortgagee
447, n.
a surrenderor continues tenant until admittance
of the surrenderee, and is regarded as a trustee

447

the case of The King v. Lady Jane St. John
Mildmay
406, n., 448, n.
as the surrenderor continues tenant, no for-
feiture accrues by the attainder of an unad-
mitted surrenderee or devisee
448
the copyhold of a feme covert is forfeited on at-
tainder of treason or felony
ib.
but as a general principle, neither femes covert,
nor infants under fourteen, nor idiots, nor
lunatics, can forfeit copyholds
ib.
what acts of an infant above fourteen years
will be a forfeiture, and what will not ib.
whether the lord may enter as for a forfeiture
on a lease being granted by an infant; and
the effect of an infant's acceptance of rent,
or disagreeing to the lease at full age, ib. & n.
when and to what extent the wife's copyhold shall

be forfeited by the act of the husband, 449
semble, that neither a lease without licence nor
waste tend to the disherison, but that they
are causes of forfeiture, at the election of the
lord
449, n.
an act of forfeiture by a lessee for years will
forfeit the term only, and not the copyhold
interest
449
upon entry for forfeiture, the lord is entitled to
emblements as against the copyholder, but
not against his lessee, except the lease itself
be the cause of forfeiture
ib.
what acts of forfeiture, according to the opinion
of some text writers, must be presented, and
what need not be
449, &c.
presentment, though not essential, is advisable
ib.
and when the forfeiture is not by an act in
court, it is the duty of the homage to present
it for the lord's information
neither presentment nor seizure need be proved

451

452

ib.

but the act of forfeiture is to be established by
clear evidence
whether, as the seizure need not be proved,
a suit to set out boundaries may not often be
dispensed with by bringing ejectment ib., n.
the lord and not the remainder-man is to have
the advantage of a forfeiture by tenant for
life, except the lord has assented to a surren-
der, giving the remainder-man the advantage
of the forfeiture
452
for waste by tenant for life the lord may enter,
though there be a grant in remainder ex-
pectant on death or forfeiture
ib., & n.

FORFEITURE-continued.

454

the lord pro tempore may take advantage of a
forfeiture, but the entry must be within
twenty years
Page 452, 453
so may the feoffee of a single copyhold, or his
lessee
453
the title of the lord by whom the husband was
admitted cannot be disputed by the widow
holding by customary freebench, and who
has committed an act of forfeiture
ib.
distinction between forfeitures causing a dis-
herison, and forfeitures at the election of the
lord, with reference to the right of entry by
the lord in remainder (Doe & Hellier and
Doe & Trueman)
ib., 454
and to the right of entry by the heir, whose an
cestor did not take advantage of an act of
forfeiture
whether the lord in remainder may not take
advantage of forfeiture for waste 453, n.
a right of entry for a forfeiture was not devisable,
contra as to a title of entry for compelling
admittance (Doe & Trueman): but now see
1 Vict. c. 26, s. 3
.. 454
a right of entry may be disposed of by deed
(vide 8 & 9 Vict. c. 106, s. 6).. App. 1129
if the ancestor enter, the heir may maintain
ejectment
.. 454
whether the acceptance of heriot service would
be a dispensation with the forfeiture, ib. & n.
the succeeding bishop (lord of a manor) may
take advantage of a forfeiture happening
during the vacancy of the see .. 454
but a grantee or lessee of a manor cannot take
advantage of a forfeiture happening previous
to his grant or lease, as a right of entry or
action cannot be transferred
454, 455
cannot be divided; therefore if coparceners are
not agreed, or if one die, no advantage can
be taken of a forfeiture
454, n.
semble that the king, and not the lord, is to

455

have the advantage of a purchase made of
copyholds by an alien
observations on the king's prerogative right, ib.
on a purchase in the name of a trustee, without

the privity of the lord, whether the king is
entitled only to the benefit of the trust.. ib.
the case of the King & Holland
456
whether if the lord admitted an alien in igno-
rance of the incapacity, equity would give
the lord the benefit of his fines, &c...455, n.
by what acts, besides licences, forfeitures may
be dispensed with..
.. 461
acts of dispensation by the lord pro tempore are
binding on the remainder-man or reversioner
ib.
but not to give effect to a common law interest
ib.
nor can acts of the copyholder which tend to
disherison be dispensed with by the lord pro
tempore..
.. 462
a disseisor cannot dispense with a forfeiture, ib.
the forfeiture must be known to the lord.. ib.
semble, that an admittance, after incontinency,
of a widow entitled to freebench during
chaste viduity, is an exception.. ib., n.
the lord shall be presumed to have notice of
failure of suit of court, non-payment of rent,
&c.
.. 462
whether forfeiture by attainder of treason or
felony can be dispensed with
ib.

FORFEITURE-continued.

when a court of equity will and will not relieve
against a forfeiture.. Page 435, n., 436, 462,
463
See COURTS OF EQUITY; ESCHEAT (as applica-
ble to freeholds); LICENCES AND OTHER DIS-
PENSATIONS; PRESENTMENT OF SURRENDER;
STONES; WASTE.

FORMEDON. See CUSTOMARY PLAINTS, 483.

FRANCHISES; in the absence of a special
provision in the grant, all writs should be
returned in the name of the principal, 704, n.
See COURT BARON (s. 7.)

FRANKALMOIGN, tenure of .. 567, 611, n.
FRANKPLEDGE, view of. See LEET.
FRAUDS, STATUTE OF. See LEASF.
FRAUDULENT CONVEYANCES, &c.; co-
pyholds are within 27 Eliz. c. 4 .. 83 & n.,
202, n.
reference to the case of Doe & Bottriell, ib., n.,
202, n., App. 911, n.
fraud (or gross negligence implying fraudulent
intention) or notice, requisite to postpone a
party who obtains the legal estate 232
FREEBENCH; is only by custom, which there-
fore governs the quantity and duration of
46, 72
where gavelkind tenure prevails, the wife takes
a moiety for her widowhood..
when confined to chaste viduity, instances of
forfeiture need not be shown
ib.

estate

72

..

ib.

and by his surrender to will, and admittance
of his devisees in trust
ih.
and by admittance of a bargainee of commis-
sioners of bankrupt, even if the wife obtain
admittance first
and by the admittance of a mortgagce 74
and even by a contract for sale..
ib.
and by the forfeiture of the husband, but not
as against the heir of the lord in some cases,
ib.
sometimes by custom the second wife takes less
than the first, and the third less than the
second
72, n.
is subject to a lease with licence, except by
74

custom
VOL. II.

..

76
is not prevented by divorce a mensa et thoro, ib.
is barred in equity by a jointure before marriage
in lieu of dower and thirds out of lands of
freehold or inheritance
ib.

an infant is bound by a legal jointure, but not
by a jointure of copyholds

ib.
an infant's right to waive a jointure is not de-
pendent upon the competency of the provi
sion
ib.
held in one case to be barred, though the wife
was an infant, and not made a party to the
articles
ib., n.
is barred by a devise in satisfaction of dower or
thirds, so at least as to put the widow to an
election
.. 76
cannot be claimed if the purchaser neglect to
take a surrender, or when the surrender is
void
ib.
the incidental qualities of dower attach to free-
bench, and the wife may recover damages by
the statute of Merton
76, 77
how damages are recoverable by that statute, 77
by s. 41 of 3 & 4 Will. 4, c. 27, arrears of dower
are not recoverable for a longer period than
six years
77, n.
distinction as to emblements when the wife or
her lessee sows the land..
.. 76, n.
entitles the widow to sit on the homage, but
not to try issues
77, 364, and n.
is a continuation of the husband's estate, or at
least it is sufficient if the widow challenge
her admittance
.. 77
but the rule does not extend to gavelkind lands,
nor to manors where the widow takes a por-
tion only of the land
ib.
the widow of a copyholder cannot dispute the
title of the lord who admitted the husband, ib.
when the widow's entry is necessary, there must
be an assignment by the heir
ib.
the necessity in some cases of seeing that there
is a good title to lands charged with a
jointure in bar of freebench
78, 79
how the widow of a copyholder may enforce her
X X