Heir bound

to come.

Seizure

quousque

time being be entitled to be admitted. Every admission is forthwith to be entered on the court-rolls, and every such entry is to be taken as having been made. on a presentment by the homage; the steward or deputy being entitled to the same fees as if the entry had been made after presentment, which is now unnecessary for the validity of the admission (a). The admission cannot be postponed in order to compel payment of the fine, which does not accrue due to the lord until the tenant has been admitted (b).

The heir is bound to come to the lord for admittance within a certain time, usually a year and a day, which is fixed by the custom of the manor. If no particular time is limited by the custom, he must appear upon proclamation made at three courts for him to come and take the estates; and if he does not appear, the lord may seize the land quousque, and enjoy the rents and profits until the heir comes for admittance. The seizure quousque is rather in the nature of a process for recovering the fine than in the nature of a forfeiture(c), but in some manors there are customs that after neglect or refusal to appear within a certain time, the land shall be absolutely forfeited; and these customs have been held reasonable, though proceedings under them will not be allowed without the strictest proof of the existence of such a custom and of all steps towards the forfeiture having been properly taken.

(a) 4 & 5 Vict. c. 35, ss. 88, 89, 90.
(b) Regina v. Wellesley, 2 E. & B. 924.
(c) Doe v. Trueman, 1 B. & A. 736.

"The severity of the law in these, as in all other cases of forfeiture warrants the courts in taking care that there is the greatest accuracy in the lord's proceedings. A general forfeiture of a copyhold estate does not accrue without a custom to warrant it. In such cases the lord has only a right to enter into possession to satisfy himself of the injury he sustains for want of a tenant he can only retain the possession quousque. And if the lord seizes absolutely, having only a right to seize quousque, there is a defect in the seizure which vitiates the whole "(a). A custom to seize the land as absolutely forfeited is not good as against an heir who is in prison or beyond seas at the ancestor's death, or against a person under disability (b).

In the case of heirs other than infants, married women, or lunatics, the lord is not compelled to admit by attorney and respite the fealty, although he generally does so upon request.

under

By the Act of 9 Geo. 1, c. 29 (re-enacted and ex- Persons tended by 1 Will. 4, c. 65) infants, married women, disability and lunatics, are protected from forfeiture of their copyholds(c). By the 3rd section of the latter Act it is provided, that every such person either by his own. apperance, or being a married woman by her attorney, or being an infant by his guardian or attorney, or being a lunatic by the committee of his estate, shall

(a) Doe v. Hellier, 3 L.R. 171.

(b) King v. Dilliston, 3 Mod. 221, Lechford's case, 8 Co. 99. (c) And as to lunatics, see now the Lunacy Regulation Acts, 16 & 17, Vict. c. 70, and 25 & 26, Vict. c. 86.

come to one of the next three courts after any descent entitling them to admittance, and shall take admittance: and by s. 4. married women and infants without guardians are authorised to make such attornies by writing under hand and seal. By s. 5. in default of such appearance the lord or steward, after three courts with proclamations, may appoint and admit an attorney for the special purpose, and set a proper fine, and (s. 6.) if such fine be not paid upon a demand in writing within three months, the lord may enter on the copyhold and satisfy himself of his fine, costs and expenses, paying the surplus profits to the person entitled to the land. By s. 7. the lord is required to deliver up possession when his charges are satisfied, and by s. 8. the guardians of infants, husbands of married women, and committees of lunatics, and their executors and administrators, may enter and reimburse themselves for any fine and other charges so paid to the lord, notwithstanding the death of the copyhold tenant. By s. 9. the estates are protected from the customary forfeitures above mentioned, and by s. 10. the tenants are enabled to controvert the legality of the payment of any unwarranted fine.

The Act applies to seizures quousque, as well as to seizures for an absolute forfeiture, and whether the lord knows of the disability of the heir or not (a).

In a case which bears strongly upon the question of the heir's forfeiture for neglect of appearance, a copy

(a) Dimes v. Grand Junction Canal Compy. 9 Q.B. 469, 3 H.L.C. 794. Doe v. Hellier, 3 T.R. 162.

hold had been devised to six persons upon certain.
trusts, of whom one offered to be admitted, and to
pay his share of the fine; the other five disclaimed,
and the lord would not admit, without the whole fine
and seized quousque.
"The court held, that the lord
ought to have admitted the person who offered himself,
and that he had been too hasty in entering for a sup-
posed forfeiture before admittance; a seizure quousque
was till somebody comes for admittance, so that it was
clear the lord had no right to seize "(a).

Inasmuch as coparceners make but one heir, the Seizure admittance of one is the admittance of all the rest:

and therefore if one appears, the shares of the others cannot be seized quousque: and if one of several coheirs or coheiresses be under disability, and none of them claim, the lord cannot seize the whole estate, but only the shares of those who are sui juris :(b) and it seems in this case that he might seize the shares of the heirs who are sui juris, although he can enforce the admittance of the person under disability under his statutory powers (c).

(a) Roe v. Hutton, 2 Wils. 162.
(b) Doe v. Hellier, 3 T.R. 162.
(c) Ibid.

quousque of undivi

ded share

CHAPTER VI.

INCIDENTS OF COPYHOLD ESTATES.

Incidents which usually attach to copyholds-Freebench-Curtesy-1. Freebench distinguished from dower-And from customary dower in freeholds— Freebench in commuted copyholds-Assignment how made-Duration of widow's estate-Quantity of land to be taken-To what tenements freebench extends-Where due from lands of which husband died tenant-Where of all his lands during marriage-Inchoate right of freebench-Widow's estate in joint-tenancies for lives-In other copyholds for lives-Not in equitable estate-Widow of unadmitted heir or purchaser-Effect of subsequent admittance-Widow to be admitted-Widow's rights and remedies-Freebench how barred— Jointure-Surrender by wife-Alienation by husband-2. Curtesy-How different from curtesy at law-Of what tenements-Quantity-How barred. Husband's claim to fee-simple by custom-Claim