A Treatise of Tenures in Two Parts Containing I the Original Nature Use a
A Treatise of Tenures in Two Parts Containing I the Original Nature Use a
Geoffrey Gilbert
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Rence feems to be, becaufe in accepting 2 5 of Heriot-Service, he admits the Heir Te-~ '3 nant 9 Coppola %tnuu8. 233 nant; but in accepting Heriot-Cuftom, he only admits the Tenant died feifed. Sed qture; for it feems to me 10 be a Difpenfa- tion, for he admits him to be Tenant after the Forfeiture committed ; and therefore if the Lord accept of any Services after he knows of the Forfeiture, 'tis a Difpenfa- tion for why fhould not the Acceptance and Acknowledgment of the Tenant to be Tenant af...ter a Forfeiture, as well difpenfe with a Forfeiture, as Acknowledgment of the Heir to be a Tenant ; but 'twas refol- ved in that Cafe, that if the Lord hath once entered for the Forfeiture, no Accep- tance afterward {hall conclude him. If the Tenant appear not at Court after * Leo. Perfonal Warning, and the Lord amerce 104 * him ; this is a Difpcnfation with the For- feiture. If a Copyholder come to his E- ftate tortioufly (it feems it muft be by Ad- mittance, elfe the Releafe will not operate at all) and commits a Forfeiture, and then he that hath Right releafes to him, this fhall hinder the Lord's Entry, becaufe, Brow# now he hath, as it were, another Eftate 149.
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