right to freebench.. Page 77, 78, 474-477, 485, 542 plaint of, is excepted in the abolition clause of the statute of limitations, 3 & 4 Will. 4, c. 27..78, 290, n., 473, n., App.743, n., 751, n. reference to the custom of the manor of Chel- tenham, by which a widow's right to admis- sion, and to bring ejectment, is not defeated by the alienation of the husband alone.. 78 held by the Court of Queen's Bench in Doe & Gwinnell, that dower attached according to the value of the property at the husband's death that it was not necessary for the husband's death to be presented by the next homage, and the dower then assigned by them, for that the homage were placed by the custom in the office of sheriff: that the dower was well assigned by awarding a third part of the property of each owner, and by dividing the houses into chambers 78, n. See ADMITTANCE; COURTS OF EQUITY; FINE; HERIOT.
FREEBURGH. See LEET
FREEMAN, implies a freeholder, and extends to sole corporations .. 621, n. FREE CHASE OR PARK; is one of the ma- norial rights excluded from the operation of 4 & 5 Vict. c. 35, by the 82nd sect., unless expressly commuted 660, n. is either by a grant of lands so denominated, or by a licence to convert grounds to that use,
being a collateral inheritance, a person may have a free chase as belonging to his manor in his own woods ib., n. the chase remains after purchase of grounds within it.. ib. free chases or parks considered as smaller forests, but are not subject to the forest laws, 660 but there are instances of grants of royal forests to a subject ib., n. can only be claimed by grant or prescription, 660 a determination of vert, venison, or inclosure, amounts to a disparkment ib., n. what are denominated beasts of chase or park, 661, n. commonable rights may exist as well in forests as in chases or parks 660, n. reference to expositions of the forests laws, 660 the several courts by which their arbitrary cha- racter was maintained many disafforestments by the charter of 9 Hen. 3, and by that act and subsequent statutes, and also by long disuser, a great relaxation effected of the severities of the forest laws
661, n. the franchise may be lost by non-user or abuser, 667, 668 FREE FISHERY, &c.; is one of the manorial rights excluded from the operation of 4 & 5 Vict. c. 35, by the 82 sect., unless expressly commuted 664, n.
a free fishery is generally considered as an exclusive right of taking fish in an arm of the sea
which is not rateable under 43 Eliz. the case of Scratton & Brown, showing that the courts incline to the construction of a terri- 666 torial right and confirming The King & Lord Yarborough, that lands imperceptibly added to demesnes by alluvion belong to the lord .. ib., n. every subject may fish in navigable rivers, 667 the king's prerogative right being confined to whale and sturgeon
ib. the rule extends to arms of the sea, when no exclusive right exists prescriptively.. ib. a subject may have a prescriptive right to a ib. several fishery in an arm of the sea a several fishery in a navigable river may pass as appurtenant to a manor ib. each lord has a moiety of the fishery, when a river, not navigable, is the boundary of two ib. when no manorial franchise exists, the right of fishery in such rivers is in the proprietors of ib. the adjoining lands and generally extends ad filum medium aquæ, ib. the franchise of free fishery may be lost by non- user or abuser ib., 668
the franchise implies an exclusive power of killing game 662 but it is not necessarily an exclusive right, for by prescription there may be a right to fowl in the warren of another ib., n. the right of property continues only so long as the animals continue within the franchise, 664 but is not changed by their being hunted into the grounds of another person ib. an alienation of the lands is an extinguishment of the franchise 661, 664, n. 661 a warren appendant to a manor will not pass by the general word “appurtenances”.. 662 nor will the right pass de novo merely by the general words of "free warren, &c.” (Carr v. Smith) 661, n. the effect of the words "and to have free war- ren in all demesne lands in the manor, &c." (Att. Gen. v. Parsons) 662, n. any right of property in game ratione soli is clearly subservient to the franchise of free 662 to 664 a right to appoint a warrener is incident to the grant 664, n. the franchise may be lost by non-user or abuser, 667, 668 See GAME; DEMESNES. FRILAZIN. See LEET.
GAVELKIND; the law takes notice of the cus-
tom of gavelkind and borough-English, 26 by 79 sect. of 4 & 5 Vict. c. 35, the customary descent, freebench, and curtesy, abolished as to land of that tenure included in any com- mutation agreement, but such land to be held as copyhold, and conveyed as before, and the provision as to freebench and cur- tesy not to apply in the cases stated, 26, 27, n. by 80 sect., the custom as it prevails in Kent not to be affected 27, n. all lands in England said to be of the nature of 42 gavelkind before the Conquest lands of that tenure are within the rule that equity will in some cases supply a surrender, a younger child taking by descent by the cus- tom of gavelkind or borough-English, is not compellable to bring a copy hold into hotchpot under the statute of distributions lands are forfeited for high treason, but do not escheat for felony 637
nor is the king entitled to year and day waste,
See ADMITTANCE; DESCENT; ESCHEAT. GLEBE. See EXCHANGES. GRAND SERJEANTY, tenure of ..
GRANT; grantee in possession may enter with- out a formal admittance grantee for life in reversion may enter and bring ejectment without admittance, on determina- tion of prior estate
distinguishable from admittance
cannot be made for a longer term in the tenancy than the lord has in the seigniory 97, 98 the lord cannot regrant by copy after executing a common law assurance, or if the land be extended, or assigned to a wife in a writ of dower: but if kept in hand, or let at will, he or his heirs, &c., may regrant, and the grantee will hold discharged of the extent or dower, 14, 15, 98 but a lease by the king will not prevent a re- grant 15, n., 198 an exception of the court baron in the grant of a manor is void, but the rule does not apply to a grant by the king 98, n.
an exception of the courts and perquisites is bad as to the courts ib.
a grant by copy for the lives of others succes- sively does not give an interest to the cestui que vies, unless by custom
where the custom authorizes a grant in fee, any less estate may be created Page 99 under a custom to grant for three lives, a grant for two, or for one life only is good ib. so under a custom to grant for life, a grant may be made durante viduitate ib. and under a custom to grant to three, habendum to them successively sicut nominantur, and not aliter, a grant to A. and his assigns for his own life and the lives of two others is good ib. under a custom to grant in fee or for life solum- modo, a grant may be made to A. for life, remainder to B. and the heirs of his body ib. the effect, by custom, of the words "sequels in "right," "him and his," &c. ib., 100, 148 sometimes grants are made in fee and for life in the same manor 100 frequently, although the grant be to several, the first person named takes for life, and so every one in succession
149 is one of the acts which might have been done without the form of a court, and therefore good, though made at a court held out of 103
a legal interest held to have been acquired by the mere entry of the grant on the court rolls out of court
and although no court holden subsequently, [sed quare]
of copyhold land, may by s. 87 of 4 & 5 Vict. c. 35, be made by the lord or steward out of court, and either in or out of the manor
when no special custom exists, the wardship belongs to the socage guardian 397 which means the next of kin to whom the copy- hold cannot descend ib.
until the infant is fourteen, the courts should be held and grants and admittances made in the name of the socage guardian 91, n., App. 755, n.
whether the father is socage guardian since 3 & 4 Will. 4, c. 106 91, n. guardianship in socage is superseded if the
father exercise his testamentary power under 12 Car. 2, c. 24, by which he may appoint the guardianship to continue till twenty-one, or for any less time App. 756, n. effect of the marriage of a feme guardian in socage 91, n.
HALLMOTE COURTS; SHIRE HALL, &c. See LEET 678, n., ib.
HAULA (HALLA). See AULA, (tit. Leet) HAYWARD; is established in some places as an annual office, conferring a settlement
719, 720 reference to a case of indictment for rescuing
cattle distrained by a hayward .. 719, D. semble, that the office is sometimes distinct from that of pound-keeper; and that a pound- keeper is not obliged to supply the animal impounded with food 720, D. See LEET (s. 4).
HEADBOROUGH. See LEET..676, n., 718, n.
HEIR; a copyholder could not have limited an estate to his right heirs as purchasers; so the heir took by descent, and not by purchase, when the two rights met.. 43, 44, 143, 276 and equally so when there is a limitation in the same instrument to the ancestor for life 30 the rule extended equally to a devise to the heir, with an executory devise over, and to a devise from the heir upon a contingency
his heir may enter should he die before ad-
291 such death will not prevent dower or curtesy, ib. and after entry by the heir, there shall be a possessio fratris ib. how compellable to give effect to the ancestor's intention 294 admittance of, is not necessary when by the lord's act a court cannot be held 314 takes by way of resulting trust on a surrender or devise for partial purposes of conversion, 413 of a trustee has no equity against the lord upon
the death of a cestuy que trust without heirs 408 See ADMITTANCE; DESCENT; DEVISE; EN- CROACHMENT; EVIDENCE; FINE; FOR- FEITURE; FREEBENCH; MORTGAGE; TRUS
373 a reservation of a heriot by deed is construed strictly, and therefore would not be payable by an assignee, unless named
and separate distresses would be requisite under each reservation ib. whether the act of distraining is not an election by the lessor, under a disjunctive reservation ib. whether the heriot service shall be multipled 373, 374 and whether due on deata of particular tenant, when the whole fee is parted with 374 again, whether any distinction when the par- ticular tenant takes by act of law, as in curtesy and dower, and when he takes by the act of the party, as under a grant for life, &c.
Heriot Custom is by immemorial usage in a particular manor
is more frequently due on death but sometimes upon alienation also, or on alienation only a custom for a heriot from every person dying within the manor would be void as to strangers ib., n. a composition within time of memory would not be binding ib. under a peculiar custom entitling the lord, on descent, to the best quick cattle and to a pecuniary payment if the tenant let the land, and the lord should not be answered the best beast commonly manuring it, held that where the tenant died after letting the land, the lord was only entitled to the pecuniary pay- ib.
HERIOTS-continued.
and on death of disseisee, not of disseisor
Page 377 unless (in freehold cases) the entry of disseisee was tolled [N. B. entry no longer tolled by descent, &c., see 3 & 4 Will. 4, c. 27, s. 39] ib., n. is due on the death of the surrenderor, and not of an unadmitted surrenderee 377 whether admission of the heir of surrenderee will alter the case .. ib., n. semble, that the heir of a surrenderee would be compellable in equity to make good to the lord any loss by the neglect of his ancestor to take admittance ib. is not due on the death of a person having an interesse termini only
as to heriots payable on the death of copar- ceners, joint-tenants and tenants in common, (the principle of law being that a heriot is payable only when the tenant dies solely seised) 377, &c. semble, that the doctrine of sole seizin is not applicable to an alienation by joint-tenants, where by the custom an alienation heriot is payable 377, n. the cases of Garland & Jekyll, and Holloway & Berkeley, overruling Attree & Scutt, as to the effect of a reunion of undivided shares 378, &c. whether the case cited from Fitz. in Garland & Jekyll and Holloway & Berkeley is still open for discussion 381, n. no heriot payable on the death of feme covert 384 or of husband seized in his wife's right.. 385 when payable by tenant in dower, and by the curtesy ib. when payable on the death of a bankrupt.. ib. is payable for each separate tenement, except by custom 385, 386 what must be alleged in pleading in such a case, and what need not ib. when due on alienation, will multiply both by disposition of the interest and of the land itself 386 and separate heriots would continue, though parts of the land aliened should re-unite, ib. how extinguishable, and a distinction between heriot service and heriot custom ib. under a custom to have a heriot on the death of every tenant, the lord will be entitled to a heriot, although he purchase part of the te- nancy
the lord's property in heriots arises immediately on the death or alienation, and he is bound by his election 387 the election is in the tenant when the render is of an ox, &c. 371 the lord should seize without delay, as he would be concluded by a sale in market overt, 387 whether the lord would not be presumed to have waived his right after lapse of time, ib. but the lord's right cannot be defeated by a devise, or by a fraudulent disposition, ib., 389 it is a good plea that the property was not in the tenant at the time of his death or aliena- tion 387 bill lies in equity for the discovery of the best beast 388
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