FORFEITURE-continued. for felony, 224, 225. entry for, though tenant in remainder, 226. for alteration of boundaries, 228. relief against, 228. for alienation, what will occasion, 229. relief against, 229. dispensation by lord of, 230. effect of, on lease with licence, 230. for neglect of services, 230. for refusal to take admittance, 231. for taking of minerals and trees by tenant, 233. right to, destroyed on enfranchisement or commutation, 358, FRANCHISES, compensation for, 391, 474. frequently annexed to manors, 11. various kinds of, 11, n. when merged in prerogative of Crown, 11, n., 240–243, 243. over what lands exerciseable, 238. of free-warren, 238-240. of estrays, 240, 241. of waif, 241, 242. of wreck, 242-244. of fairs and markets, 244-246. of frank foldage, 246, 247. manor by reputation is evidence of title to, 301, 327. FRANKALMOIGNE, TENURE IN, nature and incidents of, 3, 325. evidence of, 325. not affected by 12 Car. II., c. 24...325. can only be created now by Crown, 325. FRANK-FOLDAGE, definition of, 246. how claimed, 246. how distinguished from right of fold-course, 246. FRAUDS, STATUTE OF, applies to copyholds, 22, 125. FREE ALMS. See Frankalmoigne. FREEBENCH, of widow of unadmitted heir or surrenderee, 63, 149, 162. when claimable, 157, 158. Dower Act, 1833, does not apply to, 159. quantity and duration of, generally, 159. when copyholds descend as in gavelkind, 159. in copyholds for lives, 159. widow may have inheritance in lieu of, 159. from what tenements usually due, 159, 160. FREEBENCH-continued. in rents, 160. in lands of which husband was seised during marriage, 160. in tenancies in tail, 161. in tenancies for life, 161. not due from equitable estate, 161. widow of trustee not entitled to, 161, 162. assignment of, 162. whether admittance necessary for, 162. remedies for, 162, 163. claim to, how barred, 160, 163–166. paramount to lord's right of escheat, 220. custom as to, does not affect provisions of Intestates' Estates effect of commutation and enfranchisement, 358, 364, 414. tenants in, custom may modify title of, 2, 6, 8, 324. with customary incidents distinct from customary may be subject to customs of descent, 126, 132, rights of, over manorial wastes, 257-259, 283. evidence of, 324. conversion of copyholds into, 352, 414. FREE-RENT, compulsory extinguishment of, 375. FREE-WARREN, how claimed, 238. grant of, what conferred by, 238. what are beasts and fowls of warren, 239. effect of reservation of, on alienation of lands, 239. when passing with conveyance of manor, 239. title to, how proved, 336. effect of non-user, 336. FUEL, copyholder's right to take, 231, 230. GAME, lord's right to, on commutation or enfranchisement under Copyhold Acts, 364, 414. GAMEKEEPER, appointment of, evidence of existence of manor, 328. GAVELKIND, stamp duty on, 586. (a) custom of descent in- its nature, 7, 8. where found, 7, 8, 127. does not apply to tithes, 17, n., 138. GAVELKIND-continued. (a) custom of descent in-continued. runs with land in case of freeholds, 9, 127. how affected by enfranchisement of copyholds, 9, 127, 414. right of representation in, 128, 144, 145. effect of Inheritance Act, 1833, on, 142–147. how affected by commutation of manorial rights under (b) tenure in- nature of, 6, 8. where chiefly found, 8, 326. what "gavelkind" signifies, 8. incidents of, 8. alienation by infant of land held in, 8. proof of tenure, 9, 326. dower in, 158. guardianship in, 168. tenancy by the curtesy in, 168. how affected by commutation or extinguishment of GENERAL FINE, may be due on death of admitting lord, 172, 183. GENERAL OCCUPANCY, does not exist in copyholds, 33. exchange of, by incumbents of ecclesiastical benefices, 111. GOODWILL of copyholder for lives, manifestation of, 40. who may make, 46-48. what may be the subject of a, 46. by steward, 49. copyholder's right to take, 227, 250. lord's right to, on commutations or enfranchisements under Copyhold Acts, 364, 416. GUARDIAN OF INFANT, admittance of, 70, 71. when lord may appoint, 124, 169, 170. who may be a customary, 169. GUARDIAN OF INFANT-continued. powers of a customary, 169. by custom in freeholds, 170. enfranchisement destroys right to appoint by custom, 358, 414. HALF-BLOOD, formerly excluded in customary descents, 146. admitted to succession under Inheritance Act, 1833...147. HEIR, may take as special occupant, 33, 34. action by, before admittance, 74. right of, to admittance, notwithstanding devise, 87, 88. by custom, may take under limitation to heirs, when, 145. lord's fine not affected by act of unadmitted, 148. when compellable to take admittance, 152, 156. not bound to claim admittance before proclamations, 154. notice to, of right to enfranchise, 156. right of, to continue enfranchisement under Copyhold Acts, HERIOT, may be due from freeholders, 6, 8, 198. various kinds of, 198. reservation of, on re-grant of escheated land, 204. right to, how affected by enfranchisement, 204, 358. custom as to multiplication of, how construed, 207. how limited, 208. when unreasonable, 208. claims to, not favoured, 209, 210. effect of Statutes of Limitations on, 212-218. compulsory extinguishment of, 204, 374, 375. not due on death of lord or tenant during enfranchisement, (a) heriot-service- nature of, 198. where it may be seized, 198, 199. how extinguished, 199, 204. multiplication of, 206, 207. whether within the Statutes of Limitation, 212-218. HERIOT-Continued. remedies for, 199, 200. compulsory extinguishment of, 204. (c) heriot-custom HOMAGE, distinguished from heriot-service and suit-heriot, 200. on death, when usually due, 201, 202. not due in respect of equitable estate, 201, 202. on death of head of corporation, 202. on alienation, nature of, 202. not due from surrenderee before admittance, 202. effect of purchase of land by lord, 203, 204. escheat of tenement and re-grant by lord, 204. enfranchisement of tenement, 204. when multiplied, 204-208. how affected by lapse of time under old law, 212, 213, 218. whether within the Statute of Limitations, 212-218. copyholder bound to act on, 230, 231, 306. consent of, to grants of wastes by lord, 280-282. to inclosures, evidence of sufficiency of common, 283. freehold tenants to inclosures, 283. in a court baron, who are, 303. in a customary court, who are, 303. number of, 306. charge to, 306. duties of, 307. verdict of, as to customary inclosure, whether final, 306. relation of, to lord and other tenants, 307. powers of, as to encroachments on the waste, 307. should be unanimous, whether necessary, 308. presentments by, in manorial courts, when evidence, 333. HORSE-LEAZE, definition of, 16, n. HOUSE-BOTE. See Estovers. HOUSEHOLDERS, cannot prescribe for rights of common, 260. HUSBANDRY, CUSTOM OF, tenure according to, 5, n. IDENTITY OF LANDS, conditions as to, on sale of copyholds, 75, 76. of glebe lands and lands of ecclesiastical corporations, 121. to be shown in action for quit-rents or heriots, 190, 210, 212. |