:

lessee's interest has not been sold within such period (s. 2, sub-s. 2). The effect of this sub-section would seem to be this the trustee in bankruptcy or the execution creditor has one year in which to sell the lessee's interest in the property, and, on his so selling, the purchaser would have the same remedies against forfeiture as are provided in other cases of breach of covenant; but in the event of the trustee or creditor not selling within such time, then the lease is absolutely forfeited.

By sub-s. 3 of the last-mentioned Act this partial relaxation of the law against forfeiture on bankruptcy is not extended to leases of agricultural or pastoral land, of mines or minerals, public-houses or beershops or furnished houses, or where the personal qualifications of the tenant are of importance to the preservation of the value or character of the property.

Although the remedy for forfeiture of a lease provided by the Conveyancing Act, 1881, is by the same Act expressly extended to an underlease, and the term "lessee" is expressed to include an original or derivative underlessee and his representatives, while that of "lessor" includes an original or derivative underlessor and his representatives, yet the Courts have interpreted this to mean that the provisions of the Act only apply as between an underlessor and underlessee, and not as between a lessor and an underlessee. (See Nind v. Nineteenth Century Building Society, (1894) 2 Q. B. 226; 63 L. J. Q. B. 636; 70 L. T. 831; 42 W. R. 481; also Clay v. Burrough, 99 L. T. p. 40.)

The effect of sect. 14, sub-ss. 1, 2 of the Act of 1881, would seem to be that a lessor must, before proceeding to enforce a forfeiture, serve a notice on the lessee in accordance with the Act, and then wait a reasonable time, and only in the event of the lessee then failing to remedy the breach, or to make reasonable compensation to his satisfaction, can the lessor proceed by action; and in such pro

ceedings it is in the absolute discretion of the Court to grant relief upon such terms as it shall think fit.

The subject of relief against forfeiture for non-payment of rent is governed by long-established rules of equity, as modified by the statute 23 & 24 Vict. c. 126. The Courts will now relieve a tenant upon his paying all arrears of rent, together with interest and costs, provided such payment is made within six months after execution of the judgment of ejectment.

9. Have any parochial or other notices under the Public Health Acts or otherwise been served upon the vendor, or the tenant or property, and which have not been complied with?

This requisition is an important one where the subjectmatter of the purchase consists principally of house property. The attention of local authorities having of recent years been directed to the providing of better drainage and sanitary systems in private dwelling-houses (as the outcome of more stringent legislation upon the subject), a purchaser should never neglect to make some inquiry as to the existence of any unsatisfied sanitary notices.

By the operation of the Public Health Acts, 1875 and 1891, the sanitary authorities, on receipt of information as to the existence of a nuisance within the meaning of the Acts, are empowered to serve a notice, either on the occupier or the owner of the premises in question requiring the nuisance to be abated. The costs and expenses incurred by the sanitary authority, either in enforcing the notice or in the execution of the necessary works, although recoverable from the owner or occupier, are a charge upon the owner in respect of the premises, unless the occupier has expressly covenanted to pay all such charges. (See Smith v. Robinson, (1893) 2 Q. B. 53; 62 L. J. Q. B. 509; 69 L. T. 434; 41 W. R. 588; and see also the cases as to new drains and paving expenses under these and the Metropolis Management Acts cited on p. 5.)

CHAPTER III.

USUAL REQUISITIONS ON PURCHASE OF COPYHOLD

PROPERTY.

Most of the requisitions noticed in the previous chapters would be equally applicable to the purchase of copyhold property, and it is only necessary here to notice the following as being peculiar to this class of property :

8. Full particulars should be given of the customs obtaining in the manor relating to descent, freebench, fines, heriots, and other customary services (if any). Since the existence of certain peculiar customs obtaining in the particular manor may materially affect not only the burdens and liabilities attaching to the land, but even the title to and the user and disposition of such land, it is obvious that this inquiry is of first-rate importance.

The rules of descent are sometimes peculiar to certain manors, as where the land descends to the youngest son, or to all the sons as co-heirs.

Since copyholds do not come within the operation of the Statute De Donis (13 Edw. 1, c. 1) they cannot be entailed, unless there is a special custom of the manor to warrant it; hence if copyhold land is limited to a man and “the heirs of his body," this will ordinarily create not a fee tail, but a fee simple conditional at common law. (See Steph. Com., 10th edit., Vol. I., 629.)

The ordinary rules as to the widow's dower do not apply

to copyholds, except by special custom, when her interest is termed "freebench." The quantity of estate taken by the widow as well as its duration, and the rules as to the barring of her rights, are all regulated by the customs of the manor. Freebench, as a rule, may be defeated by the alienation of the husband in his lifetime, or even by his entering into a binding contract for sale.

Curtesy, except by the special custom of the manor, does not attach to copyhold property.

Heriots still form one of the incidents of copyhold tenure. They are not now of such an oppressive nature as in former times, as in many manors the amount or value of the article claimed is trifling, while in others they have become commuted into money payments. By the term "heriot " is meant the tribute rendered to the lord of the manor on the death or alienation of the tenant. It is, however, more ordinarily claimed on the death of the tenant, whether he be in possession or reversion. The nature of the heriot varies according to the custom, it being sometimes the best live beast, as a horse, cow, &c., or the best chattel, as a jewel or piece of plate.

Heriots are of the nature of personal chattels, and are not a charge upon the land.

It would seem that where copyholds are vested in tenants in common, the heriot is payable on the death of each tenant, but it would probably be otherwise in the case of joint tenants.

Fines are payments made to the lord of the manor on the admission of every new tenant.

They are either uncertain in amount, and termed arbitrary, or are certain, as 6s. 8d. for every tenement or acre of land. When arbitrary, the fine must never exceed an amount equal to two years' improved value of the land after deducting the quit rent. (See Scriven, 6th edit. 155.) On the admission of joint tenants and coparceners, one fine only is payable; but in the case of tenants in common

the fine is multiplied, and must be paid in respect of the share of each tenant. On the death of tenants in common and coparceners, their respective heirs and representatives on admission must pay several fines for the shares to which they become entitled. Where tenants in common join in a surrender of the entirety, one fine only is payable on the admission of the surrenderee. (Scriven, 166.)

The admission of a tenant for life of copyhold property acts, as a rule, as the admission of all those in remainder, consequently one fine only is payable, unless there is a special custom to the contrary. (Scriven, 159.) Although a remainderman need not be himself admitted, it is probable that were he to surrender his estate during the continuance of the particular estate, the lord could not be compelled to admit the surrenderee, either in the lifetime or upon the death of the particular tenant, until the fine had been paid.

Where the particular tenant and the remainderman join in a surrender of the entirety, one fine only is payable on the admittance of the surrenderee. (Scriven, 160.)

Where the remainderman dies and his heir surrenders, the fine due on the descent to the heir must be paid. (Reg. v. Lady of the Manor of Dullingham, 8 Ad. & Ell. 858.) So, also, if the remainderman devise the estate, the devisee must be admitted and pay the fine before he can surrender.

Fines are payable on the admission of new trustees of a settlement, and must be borne by the tenant of the particular estate and those in remainder rateably. (Carter v. Sebright, 26 Beav. 374.)

Executors selling under a power of sale need not be themselves admitted, and one fine only is payable on the admittance of the purchaser. (Reg. v. Wilson, 3 B. & S. 201.)

Since fines are payable only on admission, the mortgage of copyholds is effected by a surrender to the mortgagee,