..

not necessary to entitle a surrenderee in pos-
session to maintain trespass
.. 293
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
ib.
prior to above statute, a devise by an unadmitted
devisee was not good, though he was subse-
quently admitted
when claimed adversely, a chain of legal title
is to be the steward's guide
294
whether after a decree in the manor court the
lord may seize and admit the rightful tenant,
ib.

..

ib. n.

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
is necessary of the surrenderee of tenant for life,

man

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.
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

295

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

ib.
but usual to do so, as the court may name an
attorney
ib.

..

the subsequent consent of principal to be
shown

ib.

of joint tenants

of coparceners

ib.

296

296, 297

separate admissions would not affect the title
of coparcenary

of tenants in common

395, n.

297

not be
ib. 298
on descent to the wife, the husband may enter
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

tenure

298

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
350
so also if there be a delay in the exercise of a
power of sale in a will'
what is not an implied admittance

what is

..

349, 350

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
affords the means of obtaining it
ib.
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.

any
ib.

is according to the surrender when there is
variation
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
ib.
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.

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

See the COMMUTATION AND
ENFRANCHISEMENT ACT, ss. 2, 10, 12, 13,
14, 15, 16, 19, 20, 22, 23, 33, 35, 52, 54,
56, 58, 84, 93, 94.

by and against whom it may be enforced in
205, &c., 301, n.
equity
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

ALLODIAL. For its signification, see title
COURT BARON, sect. 2, pp. 609, 610.
ALLOTMENTS; the lord is entitled under an
inclosure act to an allotment in respect of
his demesnes, over and above an allotment as
owner of the soil of the commonable and
waste lands
19, n.
of freehold in lieu of copyhold, will not change
the tenure
20, 557
legal title to, is not acquired until the execution
and proclamation of the award, if no special
provision be made
21, 22
the lives in succession in a copyhold grant take
the legal estate in an allotment, under the
effect of the award
See AWARD; INCLOSURE;

MANOR.

22

LORD OF THE

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

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
589, n.
frank-fee may be held of a manor of ancient
demesne
ib.
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.

ANCIENT DEMESNE-continued.

the exemption from toll extends to tenants
holding of a subject

and to tenants for life, &c.
to what things it extends

Page 583

ib.

ib.

ib.

the exemption may be alleged generally
the tenants need not prescribe for the privi
lege
ib.
nor allege notice of the tenure, yet safer to do
ib.

..

general acts of parliament extend to ancient
demesne lands, when the tenure may not be
prejudiced
583, n.
tenants holding by copy were excluded from
voting at elections by 31 Geo. 2, c. 14 ib.
reference to 2 W. 4, c. 45

ib.
were to be impleaded in the lord's court only
by writ of right close
583
and if otherwise sued, might have pleaded the
tenure in abatement ..

584

may have a bill of fresh force within forty days
after disseisin
ib. n.

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
ancient demesne tenants, on being impanelled
on any inquest, may have the writ de non
ponendis, and if returned by the sheriff, an
attachment

ib.

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 thef 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.

ANCIENT DEMESNE-continued.

592

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.
a recovery in ancient demesne was a bar to an
intail ..
592, 593
fines and recoveries of ancient demesne lands in
the Common Pleas were good, and made the
lands frank-fee, so long as they were in force,
593, 596
yet might have been reversed by writ of dis

ceit

593
but not by scire facias: and the rule extended
to the king
ib.
if the lord was a party to the fine, he was barred
of his disceit
596
lands were not frank-fee before judgment, 593, n.
nor were they made frank-fee by a fine in a
warrantia charte

ib.

except the lord joined in the fine
writ of disceit was not in nature
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.

but it was binding by estoppel whilst in force, ib.
even against a disseisee

ib.

whether a customary descent would have been
changed by a fine at common law
ib.
acceptance of fine pending writ of right close
did not alter the tenure as to that action, ib. n.
fine could not have been reversed as to one
person only, but might have been reversed
as to part of the land only

595

the writ of disceit should (properly) have been
brought against the ter-tenant
ib.
remainder-men need not have been named in
ib.
but were to have been summoned to show cause
by scire facias
ib.
the writ of disceit might have been brought

doubtful whether they are made so by fine upon

a release, without warranty

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

..

141, n.

ARCHBISHOPS. See BISHOPS.
ARSON; the case of Rex v. Spalding
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.

scent

See CONTRIBUTION; COPYHOLDS; EXECUTORS;
OCCUPANCY.

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.