and the admittance conditional, the condition will be void. (1) Cases may possibly exist, in which an admission would. Admission implied. be implied from certain acts done or acquiesced in by the lord or steward. (2) It has however been decided, that the acceptance by the steward of a surrender from an unadmitted surrenderee is not an implied admittance, and that such a surrender is void; and it seems that nothing short of an actual admission will enable a copyholder to maintain an ejectment. (3) 8. Of the Fine on Admittance: herein of renewal Surrender of unadmitted sur renderee void. On the admission of a tenant, a fine usually becomes pay- Admission fine. able to the lord as the consequence of such admission, though in many manors no fine is due in certain cases. (4) This fine is in some manors certain, and ascertained by the custom, but more generally is uncertain, or what is termed arbitrary, and to be assessed by the lord or steward: yet, though uncertain, the lord will not, with respect to copyholds of inheritance, and to which he is compellable to grant admission, be allowed to exercise an arbitrary discretion in fixing the amount, and two years' (1) Co. Cop. s. 41, p. 93. (2) 1 Watk. Cop. 419. 327, [4th ed.]. (3) Doe v. Tofield, 11 East, 249. 1 Watk. Cop. 330, [4th ed.] Fine without restriction. Fine on alienation or death. improved value of the copyhold is considered the extreme limit for estimating the fine, allowing for quit rents, but without deducting land-tax. (1) But where the lord is not compellable to admit, as in the case of copyholds grantable for life only, without any right of renewal, the lord is under no restriction as to the amount of the fine. (2) In the case of customary freehold or tenant right estates in the north of England, passing by grant or bargain and sale with the lord's license, a fine is frequently payable as well on the alienation or death of the tenant, as on the Fine on death admission, being what is termed a dropping-fine: and in some manors, a fine accrues on the death of the lord, as well as on the alienation or death of the tenant. (3) of lord. Fines on granting licenses. Fines on copyholds for lives. Fine on admission of joint tenants. By special custom, fines are payable to the lord on granting licenses to the tenant enabling him to do certain acts, as to demise, &c.; but by general custom, fines are only due on admissions. (4) In the case of fines on copyholds renewable for three lives, the general custom is, to assess a year and a half's value on the first life, the half of that on the second, and the half of that on the third; (5) and when there exists a tenant right of renewal on payment of a fine certain, it is necessary, in order to establish the custom, that the certainty of the fine be shewn. (6) On the admission of joint tenants, it appears that for the first life two years' improved value may be taken; for the second life, half the sum taken for the first; for the third life, half the sum taken for the second; and for the fourth, half that which is taken for the third, and so on; and that a fine so assessed is reasonable. (7) But it is not to be (1) 2 Doug. 724 n. in Grant v. Astle. 1 Watk. Cop. 371, [4th ed.] (2) 1 Watk. Cop. 372, [4th ed.] (3) Doe v. Towns, 2 Bar. & Adol. 585. Co. Lit. 59 b. (4) 1 Watk. Cop. 384, [4th ed.] (5) 1 Burr. 217. 1 Watk. Cop. 375, [4th ed.] (6) Duke of Grafton v. Horton, 2 Bro. P. C. 284. (7) Wilson v. Hoare, 2 Bar. & Adol. 350. hence inferred, that this mode of computing the fine would be adopted, however numerous the joint tenants might be. It has been supposed, that if a surrenderee die before admission, his heir will be liable to a single fine only: but that if the heir of a copyholder die before admission, the heir of such heir will be liable to a double fine. (1) Respecting the fees payable on the admission of the devisees of admitted and unadmitted devisors, see infra, Sect. V. ope Fine on death of surrenderee, and of copyhold heir before admission. Fine on admis. sion of particu lar tenant and remainder man. The admission of a tenant for years, or for life, rating as the admission of all in remainder, one fine only is payable in the absence of a custom to the contrary: and when a person is admitted to an estate in remainder, the fine is usually one-half: (2) but when the full fine has been paid by the tenant of the particular estate, no further fine will, in the absence of a special custom, be payable on the admittance of the remainder man, on his estate falling into possession. (3) When particular estates and remainders are created, Mode of assessing fine. the lord may assess the fine on the tenant for life, or may apportion the same among the different parcels of the inheritance, but cannot throw the whole of it upon those in remainder. (4) With respect to renewal fines, the usual Renewal fines. course is for the tenant of the particular estate and the remainder man to pay according to the value of their respective interests: (5) and where a testator indicates an intention that fines, on the admission to copyholds, should from time to time be paid, in order to maintain a permanent interest in the property for the benefit of those to whom he has successively limited his fee-simple estates, and has not described the fund out of which such payments should be made, the general principles of equity (1) Scriv. Cop. 405. 1 Anstr. 13. 1 Watk. Cop. 364, [4th ed.] (2) 1 Watk. Cop. 374, [4th ed.] (3) Dean and Chapter of Ely v. Caldecot, 8 Bing. 439. (4) Lord Kensington v. Mansell, 13 Ves. 246. 1 Watk. Cop. 359, [4th ed.] (5) Nightingale v. Lawson, 1 Bro. C. C. 443. Fine on admission of surrenderee of particular tenant and remainder man. On admission of heir of remainder man. On admission of coparceners, and the surrenderees of joint tenantsand coparceners. require, and the course of authority has settled, that the tenant for life, and those in remainder shall bear the burden of those payments in the proportion of the benefits which they actually derive from such admissions. The old rule was, that the tenant for life should in such cases contribute one-third, and that two-thirds should be borne by those in remainder. (1) If a particular tenant and a remainder man join in a surrender, one fine only is payable on the admission of the surrenderee: (2) but if they surrender separately, the surrenderee of each must pay a fine on admittance. The heir of a remainder man or reversioner must also pay a fine on admittance. Coparceners pay but one fine on admission, and one only is payable on the admission of the surrenderees of joint tenants and coparceners: but tenants in common severally pay an apportionment of the admission fine, On admission of each taking a distinct estate: (3) and if they all join in a surrender of the entirety, one fine only is payable by their surrenderee. tenants in com mon, and their surrenderee. Tenancy in common does not create distinct tenements. On admission of special occupant. A tenancy in common does not, however, create distinct and separate tenements, but leaves the tenement entire ; so that when the interests are again vested in one person, he is seised, not of so many undivided portions, but of one entire estate. (4) A fine is also payable on the admission of a special occupant, (5) and will be so on the admission of an occupant Of copyholder under the recent statute of wills. (6) It is also payable on for years. the admission of a copyholder for years. (7) (1) Playters v. Abbot, 2 Myl. & Keen, 97. Earl of Shaftesbury v. Duke of Marlborough, ibid, 111. (2) Co. Cop. s. 56. (3) 1 Watk. Cop. 316, [4th ed.] (4) Co. Cop. s. 56. Garland v. Jekyll, 2 Bing. 273. Holloway v. Berke ley, 6 Bar. & Cress. 2. (5) 1 Watk. Cop. 376, [4th ed.] (6) See Sect. V. infra. (7) Earl of Bath v. Abney, 1 Burr. 206. 1 Watk. Cop. 363, [4th ed.] In the case of there being several tenements held by Fines on several the same person, the fines must be assessed and demanded tenements. for the tenements severally. (1) Appointees under powers being the parties proper to On admission of appointees be admitted, are therefore liable to a fine, and not the under donees of the power. (2) On the admission of a mortgagee, a fine will accrue; but no fine will be payable in respect of the equity of redemption, until a surrender is required from the mortgagee, since, in cases of trust, the trustee and his representatives are the persons to be admitted tenants, and not the cestui que trust, or those claiming under him. (3) If one in the seisin, having covenanted to surrender to A., afterwards surrender to B. as the assignee of A., the lord will be compelled to admit B. on payment of a single fine. (4) But it is thought that the assignee of one to whom a surrender has been made, but who has not been admitted, cannot compel admission without paying a double fine. (5) Should a copyholder surrender to the use of himself for life, or other particular estate, it seems that in strictness a fine would accrue on his admission to such estate, the same being newly created. (6) If a copyhold be granted on a condition to be performed by the grantee, and the condition be broken, and the grantor re-enter, his admittance is unnecessary, and no fine is payable, he being in as of his old estate. (7) And if a man marry a feme copyholder, no fine accrues lord. (8) to the powers. On admission of mortgagee. Where single fine only pay Where fine payable by sur. renderor. No fine payfor condition able on entry broken. Nor on marriage of feme copyholder. (1) 1 Watk. Cop. 378, [4th ed.] (2) 1 Watk. Cop. 454. Rex v. Lord of Manor of Oundle, 1 Adol. & El. 283. (3) 1 Watk. Cop. 351-2, [4th ed.] (4) Rex v. Lord of Manor of Hendon, 2 T. R. 484. 1 Watk. Cop. 352, [4th ed.] (5) Scriv. Cop. 359. (6) 1 Watk. Cop. 446. (7) Co. Cop. s. 56. (8) Ibid. |