upon the rolls to be absolute (e). Unless there is a special custom in the manor by which the lord may compel an admission of a surrenderee, he cannot compel the admission of the mortgagee even after the condition has been broken (ƒ); but if there be such a custom in the manor, it seems that the lord may compel admission, and that a court of equity will not give relief (g). If the mortgagee be admitted and the mortgagor pays the money according to the condition, the mortgagor will be in of his old estate without any new admission or the payment of any fine (h). The mortgagor's right of redemption must be exercised within twenty years after the time at which the mortgagee obtained possession of the land, or the last payment of any part of the principal or interest secured by the mortgage, unless in the mean time an acknowledgment of the right of redemption shall have been given by the mortgagee to the mortgagor (i). A fine is payable by the mortgagee on his admission, and by his heir or devisee (k), but not on a release of the equity of redemption (7). When a mortgagee has been admitted, neither the heir of the mortgagor nor the assignee or devisee of the equity of redemption is liable to the payment of a fine. After breach of the condition the mortgagor continues tenant until the mortgagee is admitted (m); but if after such admission (e) See Att.-Gen. v. Duke of Leeds, 2 My. & K. 343; Weaver v. Maule, 2 Russ. & M. 97; post, Sect. V. (f) King v. Dilleston, 1 Salk. 386. (g) Tredway v. Fotherley, 2 Vern. 367; Peachy v. Duke of Somerset, Pr. Ch. 568. (h) Co. Cop. s. 56, Tr. 128, 9; Cro. Eliz. 239; Gilb. Ten. 238, 356, 5th ed. (i) 3 & 4 Will. 4, c. 27, s. 28; 7 Will. 4 & 1 Vict. c. 28; see Shelford's Real Property Statutes, pp. 203-211, 5th ed. (k) Cro. Jac. 403. (1) Ibid. 36; 4 Rep. 25. (m) 2 Ves. sen. 303; Rex v. Mildmay, 2 Nev. & M. 778; 5 B. & Ad. 254. the mortgagor pays the money, the mortgagee must re-surrender the premises to the mortgagor; and upon his re-admission he will be in of a new estate, and a fine will be payable (n). Where the mortgagee has not been admitted, the practice is, on payment of the money, for the mortgagee to authorize the steward to enter an acknowledgment of satisfaction on the rolls, whereby the surrender is at an end. So long as a transaction between the mortgagor and mortgagee rests upon a covenant to surrender, although presented by the homage, the equitable interest may be assigned by deed, and on the surrender by the mortgagor to the assignee, the latter may compel the lord o admit him on the payment of a single fine (o). The admission of a mortgagee several years after the date of the conditional surrender was held to relate back to the surrender, so as to defeat the title of an intermediate purchaser; the time of presenting the conditional surrender does not appear in the report (p). It is to be observed that the mortgagee not in possession, although admitted, cannot compel enfranchisement under the Copyhold Act, 1852 (q). But a surrenderee by way of mortgage under a surrender entered on the rolls, in possession or in receipt of the rents and profits of the land, is a tenant within the meaning of that act, and is entitled to obtain or join in obliging an enfranchisement, and any money paid by any mortgagee in respect thereof will be added to the amount due to him as mortgagee, and the land will not be redeemable without payment of such money, with interest thereon (r). (n) Benson v. Scott, 12 Mod. 49; 2 Ves. sen. 303; Gilb. Ten. 356, 5th ed. (0) Rex v. Lord of the Manor of Hendon, 2 T. R. 484. (p) Doe d. Wheeler v. Gibbons, 7 Car. & P. 161. (q) 15 & 16 Vict. c. 51, s. 1. (r) Ibid. s. 43. As to the payable by the devisees of customary estates. 7. Of Fines payable by Devisees or Trustees and Purchasers of Estates of Bankrupts and Insol vents. Where any real estate of the nature of customary fees and fines freehold or tenant right, or customary or copyhold, might, by the custom of the manor of which the same and copyhold is holden, have been surrendered to the use of a will, and the testator shall not have surrendered the same to the use of his will, no person entitled or claiming to be entitled thereto by virtue of such will, shall be entitled to be admitted except upon payment of all such stamp duties, fees and sums of money as would have been lawfully due and payable in respect of the surrendering of such real estate to the use of the will, or in respect of presenting, registering or enrolling such surrender, if the same real estate had been surrendered to the use of the will of such testator: provided also, that where the testator was entitled to have been admitted to such real estate, and might, if he had been admitted thereto, have surrendered the same to the use of his will, and shall not have been admitted thereto, no person entitled or claiming to be entitled to such real estate, in consequence of such will, shall be entitled to be admitted to the same real estate by virtue thereof, except on payment of all such stamp duties, fees, fine, and sums of money as would have been lawfully due and payable in respect of the admittance of such testator to such real estate, and also of all such stamp duties, fees and sums of money as would have been lawfully due and payable in respect of surrendering such real estate to the use of the will, or of presenting, registering or enrolling such surrender, had the testator been duly admitted to such real estate, and afterwards surrendered the same to the use of his will; all which stamp duties, fees, fines or sums of money, due as aforesaid, shall be paid in addition to the stamp duties, fees, fine, or sums of money due or payable on the admittance of such person so entitled or claiming to be entitled to the same real estate as aforesaid (s). tracts of wills on court When any real estate of the nature of customary Wills or exfreehold or tenant right, or customary or copyhold, to be entered shall be disposed of by will, the lord of the manor or rolls; reputed manor of which such real estate is holden, or his steward, or the deputy of such steward, shall cause the will by which such disposition shall be made, or so much thereof as shall contain the disposition of such real estate, to be entered on the court rolls of such manor or reputed manor; and when any trusts are declared by the will of such real estate, it shall not be necessary to enter the declaration of such trusts, but it shall be sufficient to state in the entry on the court rolls that such real estate is subject to the trusts declared by such will; and when any such real estate and the lord could not have been disposed of by will if this act not been made, the same fine, heriot, duties and ser- estates not vices shall be paid and rendered by the devisee as sable as he would have been due from the customary heir in case of the descent of the same real estate, and the lord heir in case shall, as against the devisee of such estate, have the same remedy for recovering and enforcing such fine, heriot, dues, duties and services as he is now entitled to for recovering and enforcing the same from or against the customary heir in case of a descent (t). had to be entitled to the same fine, &c. on before devi would have been from of descent. order vesting Whensoever, under any of the provisions of the Effect of an Trustee Act, 1850, an order shall be made either by copyholds or the Lord Chancellor, or other person entrusted with a person to (s) 7 Will. 4 & 1 Vict. c. 26, s. 4; see ante, pp. 53, 54. appointing convey under Trustee Act, 1850. lunatics, or the Court of Chancery, vesting any copyhold or customary lands in any person or persons, and such order shall be made with the consent of the lord or lady of the manor whereof such lands are holden, then the lands shall, without any surrender or admittance in respect thereof, vest accordingly; and whensoever, under any of the provisions of that act, an order shall be made either by the Lord Chancellor, or other person intrusted as aforesaid, or the Court of Chancery, appointing any person or persons to convey or assign any copyhold or customary lands, such person or persons may do all acts and execute all instruments for the purpose of completing the assurance of such lands, and all such acts and instruments so done and executed shall have the same effect; and every lord and lady of a manor and every other person shall, subject to the customs of a manor and the usual payments, be equally bound and compellable to make admittance to such lands and to do all other acts for the purpose of completing the assurance thereof, as if the persons in whose place an appointment shall have been made, being free from any disability, had duly done and executed such acts and instruments (u). It is observed that the simplest form of proceeding under the above act, with respect to copyhold lands, will be to obtain, if possible, the consent of the lord of the manor, by payment of the proper fees incident to the transfer of the lands according to the custom of the manor, and then a vesting order may be obtained, under the above section; or if such consent cannot be obtained, then the most convenient course will be to obtain an order appointing some person to convey the lands, and thereupon the person so appointed will be authorized to do every thing for the complete convey (u) 13 & 14 Vict. c. 60, s. 28; see 15 & 16 Vict. c. 55, s. 11, c. 87, s. 15. |