No. CCCLXXIX.

A Licence from the Lord to a Copyhold Tenant to Fell Timber (1).

Manor of BE IT REMEMBERED, that on the

day of

Sin the year of our Lord 18 licence (2) was granted unto (the copyholder), one of the customary tenants of the same manor to fell within

ash trees and

day of

calendar months (3) from the

LICENCE.

Fell Timber (copyholds).

(1) A copyholder, unlike other tenants at will, is obliged to keep the premises in repair, and is, therefore, for that purpose allowed to cut down the necessary timber growing on his copyhold, without alleging a special custom, Ashmead v. Ranger, 1 Lord Raym. 551; but if he fell for any other purpose than housebote, ploughbote, &c. without licence from the lord, unless authorised by a special custom, 1 Roll. Ab. 560; Rockey v. Huggins, Cro. Car. 121, it will be a forfeiture of the estate, the lord being prima facie entitled to all the timber growing upon the lands of his tenants, save as to botes, 1 Lord Raym. 551. A licence of this kind or any other beneficial licence to be exercised upon land may, it seems, be granted without deed or other writing; see Taylor v. Waters, 7 Taunt. 374; but it would evidently be unadvisable to trust to the uncertainty necessarily attendant upon a licence by word of mouth

only.

(2) Although the licence to fell the timber be granted by a lord, who is tenant for life only of the manor, and the copyholder proceed to fell the timber under such licence, yet it will be no forfeiture of the copyhold interest; but it seems the lord in remainder, who has a property in the trees, may have his remedy against the particular or licensing lord, and may, perhaps, have an injunction to stay the felling, if the timber be not actually cut; see Wentworth v. Turner, 3 Ves. 3, and 2 Watk. Cop. 115.

Timber for repairs may be felled on copy

holds without licence.

Timber felled under licence

from tenant for life, no forfeiture

of copyholds.

(3) If the lord from whom the licence proceed have only a partial in- Timber cannot terest in the land, as for life, &c. and his interest cease before the whole be felled after of the timber be felled, the copyholder cannot proceed to cut down the expiration of remainder without a fresh licence from the succeeding lord, Gilb. Ten. 298; 1 Keb. 25.

licence.

LICENCE.

Fell Timber (copyholds).

called

within the manor aforesaid, to be chosen (1) and set out by the said (copyholder), and the same to convert to his own use, or sell and dispose of at his free will and pleasure, without any account to be rendered for the same. AND for this licence (2) the said (copyholder) hath given unto the said lord £

Trees particularly specified.

Fine in proportion to number of trees to be felled.

66

(1) If the trees to be felled are to be particularly specified, say, To be forthwith set out, and marked by the woodward, or reeve of the said manor, as in such cases used and customed."

(2) If the fine be in proportion to the quantity of timber felled,

say,

"And for this licence the said (copyholder) is to pay unto the lord for a fine, within the space of three calendar months after the felling of the said trees, or any of them, the sum of three shillings and fourpence for every ton which the said trees shall contain, according as the same shall be admeasured by the woodward, or reeve of the said manor, as in such cases used and accustomed.

No. CCCLXXX.

A Licence to exercise a Trade in waiver of a restriction contained in a Lease or other Instrument.

LICENCE,

To Trade.

MEMORANDUM, that I (the lessor) of, &c. do hereby give full li-
cence and liberty unto (the lessee), of, &c. to use, exercise, and carry
on upon the messuage, or tenement and premises, demised to him by
an indenture of lease, bearing date the
the trade or business of

day of
(1), and for that purpose, if
he shall think proper, to convert the same into a shop or warehouse,
for the sale of the several goods, wares and other things incident and
belonging to the said trade or business of
; UPON THIS
EXPRESS CONDITION, nevertheless, that the said (lessee), his exe-
cutors or administrators, do and shall in such case, before the ex-
piration of the term of
years granted to him by the said
indenture of lease, re-convert the said premises into a private house,
or dwelling, and leave the same in such state of repair as is required
by the terms of the said lease, and in such and the same manner in
all respects as if this licence had not been given, or the said premises
had not been converted into a place of sale for goods and merchan-
dize. AS WITNESS my hand this
day of

(1) It has been observed in a preceding note, that a condition, being an entire thing, if any part of it be once dispensed with, the whole condition is gone, and cannot be revived; and hence, that a licence to assign, even though confined to a particular person by name, will abrogate the proviso altogether, and the lessee may afterwards assign at pleasure; see ante, p. 601. n. (2). But a permission to use one of the trades mentioned in the condition is not a waiver of the entire stipulation, so as to permit the tenant to exercise any of the rest, Macher v. Foundling Hospital, 1 Ves. and Bea. 189. This apparent contradiction is easily reconciled, by attending to the distinction that the proviso restraining the several trades mentioned in the lease, is not one entire condition, like that against assigning; but is in fact a string of separate conditions, applicable to each trade in particular, without relating to those conjoined with it, any one of which may therefore be dispensed with, without the dispensation affecting the others.

Licence to use one trade not a condition, so as

waiver of the

to permit any other trade.

LIMITED ADMI

NISTRATION.

Outstanding
Term.

No. CCCLXXXI.

Letter of Administration limited to an Outstanding Term (1).

Recital of assignment of term to deceased trustee.

, to (the WHEREAS by an inday of

GEORGE, by Divine permission, Bishop of
intended administrator) of, &c. greeting.
denture of assignment, bearing date the
in the year of our Lord 18 and made or expressed to be made
between (the then vendor) of, &c. of the first part, (the termor) of,
&c. of the second part, (the then purchaser) of, &c. of the third
part, and (the deceased trustee) of, &c. a trustee named and ap-
pointed by and on the part and behalf of the said (purchaser), for
the purposes thereinafter mentioned, of the fourth part, the said
(termor) assigned and transferred ALL, &c. (2) TO HOLD the same

Limited administration will be granted of outstanding term.

(1) The necessity of a purchaser having an assignment made to him of an outstanding term for protection against mesne incumbrances, and which term (if more than one), should be selected for this purpose, has been shewn in a preceding note; see ante, Vol. I. p. 540, n. (1). But it not unfrequently happens that the representative of the person in whom the term appears to have been last vested, cannot be found in this case, the ordinary (in whom all the chattel interests of the intestate become vested by virtue of the statute, 31 Ed. 3. c. 11; Kensloe's case, 9 Co. 38.) will, upon application made to him on the part of the owner of the inheritance (to whom all outstanding satisfied terms rightfully belong), grant letters of administration of the term to the owner of the fee, or his nominée, in order that it may be merged, or become expressly attendant upon the inheritance, as may be required, which administration being limited to that part of the After length of intestate's estate only which regards his interest in the term, is styled a time, outstanding limited administration; but as a term after great lapse of time will be presumed to have been merged unless the contrary appear, Hillary v. Waller, 12 Ves. 239, it is for the latter purpose only that such letters need be obtained, and of which the above is the usual form. (2) Insert here a description of the premises conveyed to the trustee, taken from the deed of assignment.

terms are pre

sumed to have been merged.

Parcels.

day of

unto the said (deceased trustee), his executors, administrators and
assigns, from thenceforth, for and during all the residue and re-
mainder of a certain term of
years, created by an in-
denture bearing date the
in the year of
our Lord 18 , then to come and unexpired, IN TRUST, neverthe-
less, for the said (purchaser), his heirs and assigns, and to be as-
signed and disposed of from time to time as he or they should direct
or appoint; and in the mean time to attend and wait upon the rever-
sion and inheritance of the lands, tenements and premises therein
comprised, in order to protect the same from all subsequent and in-
termediate incumbrances. AND WHEREAS, by divers mesne con-
veyances, devises and other good and sufficient assurances in the law,
(the owner of the inheritance) of, &c. is now become entitled to the
freehold and inheritance of the several messuages, tenements and
premises, assigned to the said (deceased trustee) for the residue of
the aforesaid term of
in and by the hereinbefore in

part recited indenture of assignment of the
day of
and hath also the sole equitable right, title and in-
terest, in and to the now residue of the said term. AND WHEREAS
it hath been alleged on the part of the said (owner), that the said
(deceased trustee) departed this life intestate, and without having
made any assignment of the said premises, or the then residue of
the said term of
years, and that no letters of adminis
tration of the goods, chattels and credits of the said (deceased trus-
tee), deceased, have been granted, and therefore the said (owner)
is unable to make a complete legal title to the said premises, for
want of a personal representative of the said (deceased trustee), de-
ceased. AND WHEREAS the said (owner) is desirous that letters of
administration of the goods, chattels and credit of the said (deceased
trustee), deceased, may be committed and granted to the said
(intended administrator), limited only for the purpose of assigning
the residue and remainder of the said term of

LIMITED ADMI

NISTRATION.

Outstanding
Term.

Of inheritance having become vested in the present owner.

Of decease of trustee intestate.

of owner's desire that limited

administration

may be granted.

nistration limit

years so as aforesaid vested in the said (deceased trustee), deceased, to some person or persons, in trust to attend upon the reversion and inheritance of the said premises, for the purpose of protecting the same from mesne incumbrances. We, therefore, the bishop afore- Grant of admisaid, do by these presents grant free power to you the said (intended ed to the outadministrator) a person named by and on the part and behalf of standing term. the said (owner), and in whose fidelity we greatly confide, to administer and faithfully dispose of the goods, chattels and credits of the said (deceased trustee), intestate deceased, limited so far as concerns all the right, title and interest of him the said (deceased