ADMITTANCE-continued.

nor is such a custom binding on persons under
disability, as an infant or feme covert

Page 288
the seizure must be quousque, and, in the case
of co-heiresses, of the particular share only,
288, 289
the duty of the bailiff on executing the precept
of seizure
289
when claimed by an infant, feme covert or
lunatic, the act of 1 W. 4, c. 65, (repealing
9 G. 1, c. 29,) to be pursued
ib.
the act is general as to persons claiming by
descent or surrender to will, or otherwise,
ib. n.

but the act is not imperative on the lord, when
admittance of the party under disability is
not claimed
289
the lord should not seek an appointee, 289, 290
the infant and not the guardian is to be ad-
mitted ..
290

..

of surrenderee cannot be compelled, except by

custom

ib.
and then the neglect of tenant for life will not
prejudice the remainder-man
ib.
nor would the custom bind persons under disa-
bility ..
ib.
the effect of a release of right by surrenderee
to surrenderor, when such a custom exists,
196, 291, n.
may be claimed by the assignee of a covenantee,
if a surrender has been obtained by such
assignee, and on what terms
291
the lord not compellable to admit by attorney,
except under the act of 1 Will. 4, c. 65 (re-
pealing 9 Geo. 1, c. 29)
ib.
but usual to do so, as the court may name an
attorney
ib.
the subsequent consent of principal to be
shown
on a surrender made under a forged letter of
ib. n.
attorney is void
essential to enable a surrenderee to surrender,
292, 293
of surrenderee, will not make a surrender by
him valid by relation
ib.

..

after his admittance he may have debt of all
the rent
.. ib.
no title in the heir of an unadmitted surren-
deree, nor in the devisee of an unadmitted de-
visee until admittance (reference to 1 Vict.
c. 26, s. 3, authorizing a devise before ad-
mittance)
ib. and n.
distinction in the effect of their admittance, 293
the case of Doe & Vernon
prior to above statute, a devise by an unadmitted
devisee was not good, though he was subse-
quently admitted

ib.

ib. n.

294

ib.

when claimed adversely, a chain of legal title
is to be the steward's guide
whether after a decree in the manor court the
lord may seize and admit the rightful tenant,
of tenant for life or years admits all in re-
mainder
ib.
but such admittance does not create an actual
seizin in the remainder-men .. 294, 295
semble, that the admission of a devisee for life
is the admission of the reversioner ib. n.
an appointee is in the situation of a remainder-
300

man

is necessary of the surrenderee of tenant for life,

295

and of the heir or surrenderee of remainder-man
or reversioner, and of devisee of reversion ib.
but by custom a remainder-man is to be ad-
mitted
ib.

..

295

a custom for remainder-men to be admitted and
fine, must be clearly established .. ib.
reference to the resolution in Brown's case,
that though the admission of tenant for life
vests the estate in remainder-men, the lord
shall have his fine due by custom .. ib. n.
not necessary, when the party remains in of his
old seizin
but on surrender to uses, the tenant taking back
a life estate, he must be re-admitted
ib.
on the surrender of a surviving trustee to the
use of himself and others, he takes a new
estate and must be re-admitted, and, as
regards the lord's fine, he will be deemed a
newly appointed trustee

separate admissions would not affect the title

the husband in his wife's right need
admitted

on descent to the wife, the husband
before her admittance

298
ib. 299

to customary curtesy or dower
when curtesy or dower is of a portion only of
the copyholds, the necessity of admittance
would seem to extend to lands of gavelkind
298

tenure

ADMITTANCE-continued.
husband need not be admitted on death of feme
covert termor
Page 299, 300
executor and administrator of a termor must be
admitted
300
semble, that an executor or administrator en-
titled pur autre vie under 6 s. of 1 Vict.
c. 26, must be admitted
ib. n.
under a power of appointment, the appointee is
to be admitted
300
a person having a power of appointment, and
the fee in default of appointment, need not
be admitted, but by exercising the power
will entitle the appointee to admittance, The
King v. The Lord of the Manor of Oundle,
175, n., 181
the assignees or other bargainees of the com-
missioners of bankrupt, were formerly treated
as appointees
300
of the bargainees of the commissioners, had re-
lation to the enrolment of the bargain and
sale, not to the date .. 301, 302 and n.
observations on the bankrupt acts of 6 Geo. 4,
c. 16, and 1 & 2 Will. 4, c. 56, showing
that no admittance is necessary either of the
commissioners or assignees
302, &c.
observations on the insolvent debtors' acts of 7
Geo. 4, c. 57, and 1 Will. 4, c. 38, showing
that no admittance was necessary either of
the provisional or general assignee, 307, 308
and see provisions of 1 & 2 Vict. c. 110; 5 &
6 Vict. c. 116; 7 & 8 Vict. c. 70..308, 309
the lord may seize quousque in case the pur-
chaser's admittance be delayed and the bank-
rupt die

what is

..

350

so also if there be a delay in the exercise of a
power of sale in a will'
349, 350
what is not an implied admittance 309, &c.
310, &c.
acceptance of rent may be an implied admit-
tance, but is of an ambiguous nature 311
does not in itself constitute possession, but only
ib.
affords the means of obtaining it
is not necessary to enable a grantee for life in
reversion to bring ejectment
ib. n.
should not be refused where there is a colour-
able right
311, 312
if two persons claim by different titles, the lord
must admit both
wrongfully made is void

312
ib.

ib.

is according to the surrender when there is any
variation
.. ib.
always enures according to the title, but pro-
bably not to make an admittance for life the
admittance of the same person to a remainder,
when by the custom a remainder-man is
bound to be admitted
admittance of the heir of a remainder-man, or
reversioner, to the fee by descent, would not
be his admittance to a previously limited
estate tail devolving upon him
ib.
semble, that an express or implied admittance
under an elegit, would entitle the lord to a
fine
342, n.
and the admittance of the heir generally, when
the ancestor surrenders to uses, will give a
legal title to the fee until admittance under
the surrender
313

is inoperative as against a person having a
rightful title
ib.

ADMITTANCE-continued.

ib.

when it shall operate as a new grant, if more
extensive than the surrender, and when not
Page 149, 313
when wrongful, the right may be released, 313
may furnish an implication of estate, when
none is expressed in the surrender
how to be be compelled by the lord
how to be compelled against the lord, 313, 314
the lord not bound to admit the surrenderee
after an act of forfeiture by the surrenderor,
406, n., 447, 448
not necessary, when by the lord's act a court
cannot be held

314

314
See BANKRUPT; BISHOPS; EVIDENCE; IN-
SOLVENT DEBTORS; PRESENTMENT; STEW-

by and against whom it may be enforced in
equity
205, &c., 301, n.
under a contract for an entirety, if the title to a
small share prove bad, the purchaser will
not be compelled to take a conveyance of
the other shares
206
whether a purchaser will be bound to perform
his contract when the title to one of two lots
proves bad, depends on circumstances ib.
an agreement, if purely voluntary, will not be
enforced in equity
207, 540
a covenant in marriage articles to purchase and
settle lands, will not be satisfied by a sur-
render of copyholds
207, n.

by parol, stands on the same footing with agree-
ments for sale of freeholds

207

not being a court of record, a writ of error does
not lie
579, 587
but the tenant or demandant may have writ of
false judgment

579
to what lands the tenure is confined
ib.
the tenure is certified by Domesday-book, 579,
581, 582

589, n.

ib.

but parcel or not of a manor which is ancient
demesne is to be tried per pais, 579, n., 589, &c.
land may be ancient demesne, though parcel of
a manor which is not
frank-fee may be held of a manor of ancient
demesne
an account of Domesday-book, and of a Sup-
plement to it
579, &c.
derivation of the word "Domesday" 581
the three several descriptions of tenants in
ancient demesne (one who hold freely) 582
those denominated customary freeholders had a
writ of right close, or monstraverunt 582, n.
those denominated copyholders by base tenure

were to sue by plaint in the lord's court 582
Liabilities and Privilegss of Tenants in Ancient
Demesne.

The Writ of Monstraverunt ; and De non ponendis.
may have the writ of monstraverunt if dis-
trained for services not usually performed,
(and perhaps without being distrained) 584
but a special writ must be sued to the treasurer
and chamberlain of the Exchequer to certify
the tenure
ib.
the certificate coming into court by certiorari
and mittimus is conclusive, though no issue
joined whether frank-fee or ancient demesne
ib.

the sheriff may make rescous to distress by the
lord ..
ib.

and if the lord distrain again, he is punishable
by attachment
the writ of monstraverunt may be sued gene-
rally

ib.
in what names the attachment is to be sued ib.
any one named in the attachment not suing
may be severed, and death or nonsuit of one
will not prejudice his companions .. 585
one tenant may sue attachment in his proper
name, and in the name of the other tenants
by the general words homines manerii ib.
those who are named alone recover damages
584, n.
the plaintiffs may count severally, and the day
or place of distress need not be alleged 585, n.
if frank tenants and copyholders join in mon-
straverunt, the writ shall abate only as to
the latter

585

ib.

but tenant might have removed it by recordari
for several causes
.. ib.
if he removed it for special cause, he could not

ANCIENT DEMESNE-continued.

surcease

..

..

ib.

fine by tenant in tail was a discontinuance
only, and no bar

592

have shown new cause, but if for general
cause, he might have proved the land frank-
fee by special cause
Page 586
when a supersedeas may be had in Chancery to
ib.
on foreign voucher, the defendant should have
sued out warrantia chartæ
if the lord proceeded, he was punishable by
attachment
ib.
so also if he proceeded when the record was
removed by recordari, the tenant suing a
certiorari to the justices of the Common
Pleas, to certify the tenor of the record into
Chancery
ib.
if plea of warrantia charte was discontinued in
Common Pleas, demandant might have sued
a writ in Chancery to have the act certified,
so that the court of ancient demesne might
have been directed to proceed
587
held not to be error that the writ of right close
was directed to the bailiffs, and that twelve
recognitors only were returned
ib.
recovery against copyholder who could not
have had writ of right close, was to have
been avoided by plea
587, n.
the writ abolished from 31 Dec. 1834 585, n.

Pleading.

..

ib.

when ancient demesne is a good plea, 587,
588, 589
when it is not
590
the advantage cannot be taken after judgment,
587, 588
might have been pleaded after a release of de-
fault upon the return of the grand cape, 587, n.
not in formedon after the view
cannot be pleaded by prayee in aid
in ejectment, must be pleaded within four days
of the term
and with leave of the court, on affidavit, stating
certain facts
when plea may be filed de bene esse
plea of ancient demesne has been allowed after
imparlance

ib.

588

ib.

ib.

ib. n.

but it was a bar to the issue under statute of
limitations, 21 Jac.
ib.

..

yet the issue in tail had twenty years for entry,
after the expiration of a lease for life, created
by fine, notwithstanding a second fine to
conusee in fee ..

ib.

except the lord joined in the fine
596
writ of disceit was not in nature of writ of
error, therefore not within 10 & 11 W. 3, c.
14
593, n.
reference to the act of 3 & 4 W. 4, c. 27, and
3 & 4 W. 4, c. 74, abolishing the writs of
disceit and warrantia charta, 592, n., 593, n.
fine in Common Pleas, as against the lord, was
coram non judice, and no bar under statutes
of non-claim or limitation
593
doubted whether a second fine would not have
been a bar to the lord under statute of non-
claim
593, 594
and clearly a fine of elder date would have
hindered the reversal of a fine of later date,
but not e converso
594
the lord need not set forth his estate, and even
a termor might have had the writ of disceit,
ib.
a determination of the lord's estate is to be
shown on the other side
ib.
it is sufficient to state that the lands are plead-
able in curia manerii
ib.
the parties themselves were not bound after re-
versal of fine
ib.

ib.

ib.

doubtful whether they are made so by fine upon
a release, without warranty
they also become frank-fee by escheat
so if they come to the king, even if afterwards
granted in fee or for life
596, 597
or granted to hold in frank-almoign 597
it is therefore sufficient to show the king's grant,
ib.
what confirmation makes ancient demesne lands
frank-fee, and what does not
597, 598
feoffment to another, with a saving of ancient
services, will make the lands frank-fee, 597
so a release by fine of all services and customs,
except certain specified services
ib.
the tenure of ancient demesne will be restored
by the king's regrant, to hold of the same
. 598
but if to hold of another manor, they remain
frank-fee

manor

ib. n.

and on grant by the king for life, it is frank-
fee for the time only

598

so also on confirmation by the lord to hold
during life by certain services for all .. ib.
and the tenure held to be restored on repeal of
patent, where the seizure was made without
title
ib.
so on re-entry or recovery by disseisee, after
confirmation to disseisor to hold at common
law
ib.
doubtful whether on release of services for a
certain time, the lands become frank-fee for
the time
ib.

semble that a person claiming under a paramount
title must, after a fine in Common Pleas,
have sued at common law
598, 599

but that on recovery, the lands become ancient
demesne again
599

after disseisin by the lord, the tenant had his
option to sue by writ of right close, or at
common law

..

ib.

See CUSTOMARY PLAINTS; DISCONTINUANCE.

ib.

See COMMON; WASTE

ARBITRATOR. See BOUNDARY.
ARCHBISHOPS. See BISHOPS.
ARSON; the case of Rex v. Spalding 141, n.
ASSETS; copyholds formerly not assets, even
for specialty debts, or debts of the crown, 48
not within 47 Geo. 3, c. 74, nor 1 Will. 4, c.
47; (the provisions explained by 2 & 3 Vict.
c. 60)
89,90
Sed qu. as to a trust of copyholds.. 90, n.
by 3 & 4 Will. 4, c. 104, customaryholds and
copy holds are assets both for simple contract
and specialty debts, 48, 90, n., 540, n.,
571, n., 1067
the effect of the act was to make the heir or
devisee personally liable, but not to charge
the real estate
App. 1067, n.
the rule as to marshalling is applicable to co-
Pyholds
49, 276, n., 282
but is not extended to legatees when there is a
devise to the heir, though he takes by de-
49, n., 276, n.
specialty creditors as against devisees may
claim to stand in the place of mortgagees
who exhaust the fund provided by the testa-
tor for the payment of his debts, but, as
volunteers only, cannot compete with credi
tors under the lowest class of security 50
real estates are sometimes made to bear the
burthen of mortgages and legacies, in exo-
neration of personalty
239, n.
See CONTRIBUTION; COPYHOLDS; EXECUTORS;
OCCUPANCY.

scent

ASSISE. See CUSTOMARY PLAINTS.

ASSUMPSIT. See ACTION.

ATTAINDER; the legal estate remains in the
person attainted until entry by the lord, 126
for an estate of freehold is not divested in cases
of attainder until office found .. 440, n.