heir, or should the grant be to a corporation, and the corporation be dissolved, the rent, advowson, &c. would be extinct (o). Yet a rent charge, advowson, common or other thing which is not held, will be forfeited by attainder of treason or felony (p).

And on attainder of felony the lord shall have the title deeds, though they are said not to be forfeited by such attainder (q).

It should seem that a trust of freeholds is forfeitable for high treason since the statutes of 27 H. 8, c. 10, and 33 H. 8, c. 20 (r), but not for felony (s). Nor is the trust of a term attendant on the inheritance forfeitable for felony (t). The lord, however, is intitled to a term attendant on an escheated inheritance (u).

A right of action cannot escheat (x), but a right of entry may, that is, the lord, the author conceives, may enter by virtue of the right, but could not have had a writ of escheat (y).

If a trustee of freehold land died without an heir, the lord was intitled at law by escheat (z), and according to the more general opi

(0) Br. Extinguishment, pl. 2, cites. 27 H. 8, 10; ib. Prerogative, pl. 1, cites S. C. Co. Lit. 13b; Dean and Canons of Windsor v. Webb, Godb. 211; 3 Inst. 21. And a sole corporation is equally within the rule. There are authorities, however, against a donor, and favourable to the lord by escheat, Johnson v. Norway, Winch, 37; S. C. (Johnson v. Morris), Mich. 20 Jac. C. B. Hal. MSS., cites 21 E. 4, 1; 21 H. 7, 9; Southwell v. Wade, Poph. 91; S. C. 1 Roll. Abr. 816 A. Vide also n. 2, Co. Lit. 13 b.

(p) Br. Eschete, pl. 9, cites 24 E. 3, 72; ib. Corodies, pl. 5, cites S. C. and 24 E. 3, 33.

(9) Br. Chart. de Terre, pl. 59.

(r) 1 Hal. H. P. C. 248; Att. Gen. v Sands, 3 Ch. Rep. 34; S. C. Nels. Ch. Rep. 131; S. C. Hardr. 495. But it was not forfeitable at common law; Ford & Sheldon's case, 12 Co. 2; Marquis of Winchester's case, 3 Co. 3 a.

(s) Att. Gen. v. Sands, sup.

(t) Ib. But a chattel real not attendant on the inheritance is forfeitable to the king for felony by his prerogative; Rex v. Executors of Sir John Daccombe, Cro. Jac. 513; Att. Gen. v. Sands, sup.! (u) Thruxton v. Att. Gen. 1 Vern. 340.

(r) Br. Eschete, pl. 26; argo. Godb. 310; Marquis of Winchester's case, 3 Co. 2 b. And see 10 Co. 48 a.

(y) 6 H. 7, 9; Br. Eschete, pl. 16; ib. pl. 26, cites 32 H. 6, 27; Godb. 309, argo. A right of entry is forfeited to the king by attainder of high treason, but a right of action is not forfeited for treason either at common law or by the stat. 33 H. 8. Considerations on the law of forfeiture for high treason, p. 82. And see Dowtie's case, 3 Co. 10 b. Vide also reference to 3 & 4 W. 4, c. 27, abolishing the writ of escheat, &c., ante, p. 629, n. (h); post, p. 637, n. (u).

(x) Jenk. 190, ca. 92; ib. 245, ca. 30; Eales v. England, Ch. Pr. 200, 202; Burgess v. Wheate, 1 Sir W. Bl. 141. See this case, Eden's Ca. Ch. 177.

N.B.-By the 4 & 5 W. 4, c. 23, lands no longer escheat or become forfeited by reason of the death of a trustee or mortgagee without an heir; but the Court of Chancery may appoint a person to convey, in like manner as under the provisions of 11 Geo. 4 & 1 Will. 4, c. 60; nor are lands forfeited by reason of the attainder of a trustee or mortgagee. See the act in the Appendix; and see ante, pt. 1, pp. 84, n., 407, n., 447, 526, n.

nion, without being subject to the trust in equity (a). If, however, a cestuy que trust of freehold land die without an heir or is attainted of felony, there is no escheat or forfeiture, for a use was not forfeited for treason or felony at common law, but the trustee shall hold the land discharged of the trust (b).

But in copyhold cases, where the lord is privy to the creation of the trust, a very powerful argument suggests itself for the interposition of equity in favour of the cestuy que trust in the former instance, and of the lord in the latter (c).

A devise by a person who afterwards dies without an heir will prevent an escheat (d); and a power given to executors to sell the land will bind it in the hands of the king by escheat (e).

But the lord may enter for an escheat upon the death of a disseisee

without heir (f), unless the disseisor should have aliened by feoffment, for then the lord would have a tenant by title (g): it follows that a disseisee may enter on the lord by escheat, unless there has been a descent of the land either from the lord or from the disseisor (h); and the law is the same upon an ordinary alienation by a disseisor, and the death of the alienee without issue (i).

The lord after recovery by writ of escheat could not have avoided a term of years created by a tenant who, subsequently to the lease, died without an heir or was attainted of felony, but would take charge with the term (k).

And any avoidable estate, as a feoffment by an infant or person non compos mentis, shall bind the lord by escheat (1). So also a lease by husband seized in right of his wife made without the concurrence of the wife (m). So again as to an alienation by the husband by fine, where the wife afterwards died without an heir (n).

And the author apprehends that an escheat of freehold lands will not alter the course of descent where the law takes notice of a peculiar custom, as in gavelkind and borough english tenure (o), even if the

(f) Br. Ent. Cong. pl. 63, cites 27 Ass. 32.

(g) Co. Lit. 268 b. [Or granted and rendered the land by fine, Fitz. Ent. Cong. pl. 38; but this, the author apprehends, presupposed a bar by non-claim.]

(h) Br. Ent. Cong. pl. 92. And see 10 Mod. 362, argo. And if the lord would plead a release made by the disseisee to the disseisor, he must show it; 10 Co. 93, in Dr. Leyfield's case.

(i) Co. Lit. 240 a.

(k) Per Coke, 8 Co. 45, in Whittingham's case; Br. Extinguishment, pl. 23, cites 3 Ass. 1; ib. Prerog. pl. 120, cites 11 H. 6, 7; Needham & Poole, Dy. 115 b, marg.

On the death without heirs of a tenant holding lands of a manor by free and common socage, but which lands were subject to a mortgage term, the equity of redemption passes to the lord by way of escheat, and he may redeem the mortgage; Viscount Downe v. Morris, 3 Hare, 394.

Where the tenant of lands holden of a manor dies without heirs, and without having charged the lands with his debts, they are assets for the payment of such debts as against the lord claiming by es

cheat; Evans v. Brown, 5 Beav. 114.

(1) 7 Co. 7 b, in the Earl of Bedford's case; 1 Roll. Rep. 402; 8 Co. 42 b, 44 a, in Whittingham's case, (sup.); 4 Co. 125, in Beverley's case. But if an infant make livery by attorney the feoffinent is not voidable, but ipso facto void; Beverley's case and Whittingham's case, sup.

(m) Per Coke, C. J., 1 Roll. Rep. 402.

(n) Per Hobart, Ch. J., Hob. 261. But it should seem that the lord is not bound by every estoppel, for if a person were to take a lease by indenture of his own lands, though binding upon him, the lord would not be bound by it in case of an escheat; 1 Leo. 158, ca. 224.

(0) Custum. of Kent, cited Rob. Gav. by Wils. 85; Somn. 144, 149; 14 H. 4, 9b; 11 H. 7, 25 b; Br. Custom, 19; Extinguishment, 14, cites 14 H. 4, 2, 3. But see contrà per Windham, J., 1 Keb. 505; Gouldsb. 106; Lamb. 594, Dub.

N. B.-Escheat is not a title by descent: strictly speaking, indeed, it is a title neither by purchase nor descent, Co. Lit. 186, n. 2; Lord Coke calls it a casual profit, Co. Lit. 92b; Bracton, 1. 2, f. 23, considers it as a species of reversion.

escheat were to the king, and the lands were afterwards re-granted by him, reserving other services (p).

The reader is here reminded, that though gavelkind lands are forfeited for high treason, yet they do not escheat for felony, nor is the king intitled to a year and day waste (q): but this is only where the party submits to the judgment of the law, and does not hold in the case of outlawry for felony (r).

If an alien purchase lands and die, the law casts the inheritance on the king, who upon office found shall have them; and if an alien have issue a son, and be made denizen, and shall afterwards have another son, and purchase lands and die, the lands will not escheat, but shall go to the youngest son (s). If, however, an alien be made denizen, and shall purchase lands, and die without issue, the lands will escheat to the lord (t).

In enforcing the lord's right by escheat, it is to be recollected that when lands were held by distinct services there must have been distinct writs of escheat (u).

It is also proper to notice, that by particular acts the lord might have been barred of his writ of escheat, as by a fine come ceo levied with proclamations in the Court of Common Pleas (x), or by accept

(p) 2 Bac. Abr. 243 (G.); Lamb. Peramb. 591, 593; Dal. 23; 3 Keb. 216; 1 Sid. 138; 2 Sid. 83. And see Doe d. Lushington v. The Bishop of Landaff and others, 2 N. R. 508. Nor would the customary descent be altered on an escheat of copyhold lands which were afterwards regranted by the lord to hold by copy; but if copyholds which escheat are not regranted, they merge in the freehold, or rather the copyhold interest is extinguished, the two tenures being incompatible; ante, pt. 1, pp. 14, 15, 98, 545.

See 8 H. 6, c. 16, and 18 H. 6, c. 6, preventing grants of lands seized into the king's hands before escheators, unless the king's title be found, and until a month after the return of the inquest in the Chancery or Exchequer, except to the party grieved and who tenders his traverse, and which are held to extend to an escheat where no immediate tenure of the crown is found; Doe & Redfern, 12 East, 109. In this case it was also held that the 8th sect. of 2 & 3 Ed. 6, c. 8, avoids an inquisition not finding the tenure equally with one alleging total ignorance. Semble, that the king's right shall not be

presumed against a mesne tenure without office found; ib.

(9) Ante, pp. 632, 633. And see Lamb. 634. Consid. on the law of forfeiture for high treason, pp. 61, 62; Rob. Gav. by Wils. pp. 288, 289.

(r) Rob. Gav. by Wils. p. 290.
(s) Br. Eschete, pl. 28.

(t) Co. Lit. 2 b.

(u) Br. Eschete, pl. 13, cites 21 H. 7, 39. Vide reference to the 3 & 4 W. 4, c. 27, abolishing the writ of escheat, &c., ante, p. 629, n. (h).

(r) A right of entry or action to recover land is limited by the act of 3 & 4 W. 4, c. 27, to twenty years next after the time at which the right shall have first accrued to some person through whom the party claims, or shall have first accrued to the party himself; and by the first section, or explanatory clause, it is declared that the person through whom another person is said to claim shall mean "any person who was entitled to an estate or interest to which the person so claiming, or some person through whom he claims, became entitled as lord by escheat."

ance of fealty, or avowing for rent in a court of record, or accepting rent from the feoffee or heir of a disseisor (y); but the acceptance of rent from the disseisor himself would be no bar to the lord by escheat (*), nor perhaps from the feoffee or heir, if received in ignorance of the feoffment or descent, the acceptance of rent being an act of an ambiguous nature (a).

FELO DE SE (6).—It frequently happens that the lord of a manor is entitled by grant from the crown to the goods and chattels of every person convicted of felo de se (c) within the particular manor, which naturally suggests the propriety of treating briefly of this subject under the head of the present section.

A person who, in possession of the powers of reasoning, lays violent hands on himself, and is wilfully (d) the occasion of his own death, is termed a felo de se; but in common parlance it is considered as a perfectly distinct offence from the murder of another (e), and from other felonies; so much so that a grant of bona et catalla felonum would not pass the goods and chattels of a felo de se (ƒ).