A Digest of the Laws of England (Volume 1)

9780217664769: A Digest of the Laws of England (Volume 1)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1822. Excerpt: ... But till presentment of tlie death, and proclamation thereupon, the heir need not be admitted. 1 Leo. 100. 3 Leo. 221., And if the heir upon proclamation does not come to be admitted, the lord may seize quousque he comes, without a special custom. D. 1 Lev. 63. [If copyhold surrendered to the use of will is devised to six persons, and one offers himself to be admitted, and the lord refuses, he cannot seize quousque he should admit him, and then proceed for his whole fine. 2 Wils. 162.] And by special custom, if he comes not after three proclamations, at three several courts, the lord may seize it as forfeited. Adm. 8 Co. 99. But not without such custom. R. 1 Lev. 63. Or if he does not come within a year and a day. PI. Com. 372. a. So a custom, that he to whose use a surrender is made shall come to be admitted after three proclamations, otherwise his land shall be forfeited, is good. R. 1 Rol. 568. 1. 20. Noy, 42. Adm. 3 Mod. 221. Yet the proclamation ought to be, that he come to be admitted to such copyhold, specially named; for it is not sufficient that he come to be admitted generally. Dub. 1 Lev. 63. But a custom to seize as forfeited, for not claiming to be admitted, does not bind the heir, if he was beyond sea, non compos, or in prison at the time. R. 8 Co. 100. 2 Cro. 226. Per three J. 2 Cro. 101. R.Godb. 268. Or if he was an infant. R. 8 Co. 100. 1 Leo. 100. R. 3 Leo. 221. Per four J. Coke cont. 2 Cro. 226. R. in C. B. and affirmed by three J. in error, 3 Mod. 223. Sho. 31. 1 Sal. 386. Garth. 44. But he may forfeit quousque he be admitted, though an infant. Per Williams, 2 Cro. 226. Per Holt and admitted per Eyre, if there be a special custom for it, but Dolbin cont. 3 Mod. 223. "1 Sal. 386. And if he be within the realm at the time of the descent, though he goes out before p...

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