FREEBENCH-continued.

right to freebench.. Page 77, 78, 474-477,
485, 542
plaint of, is excepted in the abolition clause of
the statute of limitations, 3 & 4 Will. 4, c.
27..78, 290, n., 473, n., App.743, n., 751, n.
reference to the custom of the manor of Chel-
tenham, by which a widow's right to admis-
sion, and to bring ejectment, is not defeated
by the alienation of the husband alone.. 78
held by the Court of Queen's Bench in Doe &
Gwinnell, that dower attached according to
the value of the property at the husband's
death that it was not necessary for the
husband's death to be presented by the next
homage, and the dower then assigned by
them, for that the homage were placed by the
custom in the office of sheriff: that the
dower was well assigned by awarding a third
part of the property of each owner, and by
dividing the houses into chambers 78, n.
See ADMITTANCE; COURTS OF EQUITY; FINE;
HERIOT.

FREEBURGH. See LEET

. 675

FREEMAN, implies a freeholder, and extends
to sole corporations
.. 621, n.
FREE CHASE OR PARK; is one of the ma-
norial rights excluded from the operation of
4 & 5 Vict. c. 35, by the 82nd sect., unless
expressly commuted
660, n.
is either by a grant of lands so denominated, or
by a licence to convert grounds to that use,

..

..

660

being a collateral inheritance, a person may
have a free chase as belonging to his manor
in his own woods
ib., n.
the chase remains after purchase of grounds
within it..
ib.
free chases or parks considered as smaller
forests, but are not subject to the forest laws,
660
but there are instances of grants of royal forests
to a subject
ib., n.
can only be claimed by grant or prescription,
660
a determination of vert, venison, or inclosure,
amounts to a disparkment
ib., n.
what are denominated beasts of chase or park,
661, n.
commonable rights may exist as well in forests
as in chases or parks
660, n.
reference to expositions of the forests laws, 660
the several courts by which their arbitrary cha-
racter was maintained
many disafforestments by the charter of 9
Hen. 3, and by that act and subsequent
statutes, and also by long disuser, a great
relaxation effected of the severities of the
forest laws

ib., n.

661, n.
the franchise may be lost by non-user or abuser,
667, 668
FREE FISHERY, &c.; is one of the manorial
rights excluded from the operation of 4 & 5
Vict. c. 35, by the 82 sect., unless expressly
commuted
664, n.

a free fishery is generally considered as an
exclusive right of taking fish in an arm of
the sea

664, 665

which is not rateable under 43 Eliz.
the case of Scratton & Brown, showing that the
courts incline to the construction of a terri-
666
torial right
and confirming The King & Lord Yarborough,
that lands imperceptibly added to demesnes
by alluvion belong to the lord .. ib., n.
every subject may fish in navigable rivers, 667
the king's prerogative right being confined to
whale and sturgeon

ib.
the rule extends to arms of the sea, when no
exclusive right exists prescriptively.. ib.
a subject may have a prescriptive right to a
ib.
several fishery in an arm of the sea
a several fishery in a navigable river may pass
as appurtenant to a manor
ib.
each lord has a moiety of the fishery, when a
river, not navigable, is the boundary of two
ib.
when no manorial franchise exists, the right of
fishery in such rivers is in the proprietors of
ib.
the adjoining lands
and generally extends ad filum medium aquæ, ib.
the franchise of free fishery may be lost by non-
user or abuser
ib., 668

manors

but it may be reserved

..

661
ib., n.

the franchise implies an exclusive power of
killing game
662
but it is not necessarily an exclusive right, for
by prescription there may be a right to fowl
in the warren of another
ib., n.
the right of property continues only so long as
the animals continue within the franchise,
664
but is not changed by their being hunted into
the grounds of another person
ib.
an alienation of the lands is an extinguishment
of the franchise
661, 664, n.
661
a warren appendant to a manor will not pass
by the general word “appurtenances”.. 662
nor will the right pass de novo merely by the
general words of "free warren, &c.” (Carr
v. Smith)
661, n.
the effect of the words "and to have free war-
ren in all demesne lands in the manor, &c."
(Att. Gen. v. Parsons)
662, n.
any right of property in game ratione soli is
clearly subservient to the franchise of free
662 to 664
a right to appoint a warrener is incident to the
grant
664, n.
the franchise may be lost by non-user or abuser,
667, 668
See GAME; DEMESNES.
FRILAZIN. See LEET.

warren

GAVELKIND; the law takes notice of the cus-

tom of gavelkind and borough-English, 26
by 79 sect. of 4 & 5 Vict. c. 35, the customary
descent, freebench, and curtesy, abolished as
to land of that tenure included in any com-
mutation agreement, but such land to be
held as copyhold, and conveyed as before,
and the provision as to freebench and cur-
tesy not to apply in the cases stated, 26, 27, n.
by 80 sect., the custom as it prevails in Kent
not to be affected
27, n.
all lands in England said to be of the nature of
42
gavelkind before the Conquest
lands of that tenure are within the rule that
equity will in some cases supply a surrender,
a younger child taking by descent by the cus-
tom of gavelkind or borough-English, is not
compellable to bring a copy hold into hotchpot
under the statute of distributions
lands are forfeited for high treason, but do not
escheat for felony
637

..

220

44

nor is the king entitled to year and day waste,

ib,

See ADMITTANCE; DESCENT; ESCHEAT.
GLEBE. See EXCHANGES.
GRAND SERJEANTY, tenure of ..

567, n.,
611, n.

96

GRANT; grantee in possession may enter with-
out a formal admittance
grantee for life in reversion may enter and bring
ejectment without admittance, on determina-
tion of prior estate

distinguishable from admittance

..

ib.

ib.

cannot be made for a longer term in the tenancy
than the lord has in the seigniory 97, 98
the lord cannot regrant by copy after executing
a common law assurance, or if the land be
extended, or assigned to a wife in a writ of
dower: but if kept in hand, or let at will, he
or his heirs, &c., may regrant, and the grantee
will hold discharged of the extent or dower,
14, 15, 98
but a lease by the king will not prevent a re-
grant
15, n., 198
an exception of the court baron in the grant of
a manor is void, but the rule does not apply
to a grant by the king
98, n.

an exception of the courts and perquisites is
bad as to the courts
ib.

a grant by copy for the lives of others succes-
sively does not give an interest to the cestui
que vies, unless by custom

GRANT-continued.

where the custom authorizes a grant in fee, any
less estate may be created
Page 99
under a custom to grant for three lives, a grant
for two, or for one life only is good
ib.
so under a custom to grant for life, a grant may
be made durante viduitate
ib.
and under a custom to grant to three, habendum
to them successively sicut nominantur, and
not aliter, a grant to A. and his assigns for
his own life and the lives of two others is
good
ib.
under a custom to grant in fee or for life solum-
modo, a grant may be made to A. for life,
remainder to B. and the heirs of his body
ib.
the effect, by custom, of the words "sequels in
"right," "him and his," &c. ib., 100, 148
sometimes grants are made in fee and for life in
the same manor
100
frequently, although the grant be to several,
the first person named takes for life, and so
every one in succession

149
is one of the acts which might have been done
without the form of a court, and therefore
good, though made at a court held out of
103

manor

a legal interest held to have been acquired by
the mere entry of the grant on the court rolls
out of court

ib., n.

and although no court holden subsequently,
[sed quare]

ib.

of copyhold land, may by s. 87 of 4 & 5 Vict.
c. 35, be made by the lord or steward out of
court, and either in or out of the manor

when no special custom exists, the wardship
belongs to the socage guardian
397
which means the next of kin to whom the copy-
hold cannot descend
ib.

until the infant is fourteen, the courts should
be held and grants and admittances made in
the name of the socage guardian 91, n.,
App. 755, n.

whether the father is socage guardian since 3
& 4 Will. 4, c. 106
91, n.
guardianship in socage is superseded if the

father exercise his testamentary power under
12 Car. 2, c. 24, by which he may appoint
the guardianship to continue till twenty-one,
or for any less time
App. 756, n.
effect of the marriage of a feme guardian in
socage
91, n.

HALLMOTE COURTS; SHIRE HALL, &c.
See LEET
678, n., ib.

HAULA (HALLA). See AULA, (tit. Leet)
HAYWARD; is established in some places as
an annual office, conferring a settlement

719, 720
reference to a case of indictment for rescuing

cattle distrained by a hayward .. 719, D.
semble, that the office is sometimes distinct from
that of pound-keeper; and that a pound-
keeper is not obliged to supply the animal
impounded with food
720, D.
See LEET (s. 4).

HEADBOROUGH. See LEET..676, n., 718, n.

HEIR; a copyholder could not have limited an
estate to his right heirs as purchasers; so the
heir took by descent, and not by purchase,
when the two rights met.. 43, 44, 143, 276
and equally so when there is a limitation in
the same instrument to the ancestor for life
30
the rule extended equally to a devise to the
heir, with an executory devise over, and to
a devise from the heir upon a contingency

275

his heir may enter should he die before ad-

mittance

291
such death will not prevent dower or curtesy, ib.
and after entry by the heir, there shall be a
possessio fratris
ib.
how compellable to give effect to the ancestor's
intention
294
admittance of, is not necessary when by the
lord's act a court cannot be held
314
takes by way of resulting trust on a surrender or
devise for partial purposes of conversion, 413
of a trustee has no equity against the lord upon

the death of a cestuy que trust without heirs
408
See ADMITTANCE; DESCENT; DEVISE; EN-
CROACHMENT; EVIDENCE; FINE; FOR-
FEITURE; FREEBENCH; MORTGAGE; TRUS

373
a reservation of a heriot by deed is construed
strictly, and therefore would not be payable
by an assignee, unless named

ib.

and separate distresses would be requisite under
each reservation
ib.
whether the act of distraining is not an election
by the lessor, under a disjunctive reservation
ib.
whether the heriot service shall be multipled
373, 374
and whether due on deata of particular tenant,
when the whole fee is parted with 374
again, whether any distinction when the par-
ticular tenant takes by act of law, as in
curtesy and dower, and when he takes by
the act of the party, as under a grant for
life, &c.

ib.

Heriot Custom is by immemorial usage in a
particular manor

..

375, &c.

..

375

ib.

is more frequently due on death
but sometimes upon alienation also, or on
alienation only
a custom for a heriot from every person dying
within the manor would be void as to
strangers
ib., n.
a composition within time of memory would
not be binding
ib.
under a peculiar custom entitling the lord, on
descent, to the best quick cattle and to a
pecuniary payment if the tenant let the land,
and the lord should not be answered the best
beast commonly manuring it, held that where
the tenant died after letting the land, the
lord was only entitled to the pecuniary pay-
ib.

ment

HERIOTS-continued.

and on death of disseisee, not of disseisor

Page 377
unless (in freehold cases) the entry of disseisee
was tolled [N. B. entry no longer tolled by
descent, &c., see 3 & 4 Will. 4, c. 27, s. 39]
ib., n.
is due on the death of the surrenderor, and not
of an unadmitted surrenderee
377
whether admission of the heir of surrenderee
will alter the case
.. ib., n.
semble, that the heir of a surrenderee would be
compellable in equity to make good to the
lord any loss by the neglect of his ancestor
to take admittance
ib.
is not due on the death of a person having an
interesse termini only

376

as to heriots payable on the death of copar-
ceners, joint-tenants and tenants in common,
(the principle of law being that a heriot is
payable only when the tenant dies solely
seised)
377, &c.
semble, that the doctrine of sole seizin is not
applicable to an alienation by joint-tenants,
where by the custom an alienation heriot is
payable
377, n.
the cases of Garland & Jekyll, and Holloway
& Berkeley, overruling Attree & Scutt, as to
the effect of a reunion of undivided shares
378, &c.
whether the case cited from Fitz. in Garland
& Jekyll and Holloway & Berkeley is still
open for discussion
381, n.
no heriot payable on the death of feme covert
384
or of husband seized in his wife's right.. 385
when payable by tenant in dower, and by the
curtesy
ib.
when payable on the death of a bankrupt.. ib.
is payable for each separate tenement, except
by custom
385, 386
what must be alleged in pleading in such a
case, and what need not
ib.
when due on alienation, will multiply both by
disposition of the interest and of the land
itself
386
and separate heriots would continue, though
parts of the land aliened should re-unite, ib.
how extinguishable, and a distinction between
heriot service and heriot custom
ib.
under a custom to have a heriot on the death
of every tenant, the lord will be entitled to a
heriot, although he purchase part of the te-
nancy

..

ib.

the lord's property in heriots arises immediately
on the death or alienation, and he is bound
by his election
387
the election is in the tenant when the render is
of an ox, &c.
371
the lord should seize without delay, as he would
be concluded by a sale in market overt, 387
whether the lord would not be presumed to
have waived his right after lapse of time, ib.
but the lord's right cannot be defeated by a
devise, or by a fraudulent disposition, ib., 389
it is a good plea that the property was not in
the tenant at the time of his death or aliena-
tion
387
bill lies in equity for the discovery of the best
beast
388