Forfeiture of the wardship. statute of Merton (d), but are still obliged to do suit in person, though another may essoign the copyholder (e). But When a woman takes husband, she must be answerable for him; it is her own act. If he commit waste, or refuse the services, it will be a forfeiture of her lands (ƒ). the infant is not answerable for the acts of his guardian, as the guardian is not of his own choice; the infant wanting discretion to choose, and the law assigning the individual. If the guardian, therefore, commit waste, the wardship only, and not the lands, shall be forfeited (g). Besides, the interests of the husband and guardian are wholly dif ferent; the former is entitled to the profits to his own use, the latter only receives them to those of his ward, and is accounta[108] ble for them to him. If the guardian do any act which is in (d) 2 Inst. 100. & post. ch. 7. Of Suit. (g) Ante, vol. 1. p. [339]. consistent with the trust reposed in him, or if he knowingly neglect to fulfil the duties. of his office, he shall forfeit his wardship; for his office was instituted for the benefit of the infant, and not to confer any advantage on himself. Hence we find instances Revocation of wardship. in the rolls of many manors, and especially in the more ancient ones, of the formal revocation of the guardianship which had been assigned by the lord: "Because the aforesaid A. B. did not perform the conditions on which the said custody was granted as aforesaid: but, contrary to the trust reposed in him, the said C. D. (the infant) and his customary lands ill-treated; and abused his power in that behalf committed." "Wherefore the custody or wardship of the said infant, and of his customary tenements, heretofore committed to the said A. B. as aforesaid, is accordingly, by the lord of the said manor, revoked, and, to all intents and poses, utterly and absolutely annulled." pur [109] APPOINTMENT OF GUARDIAN (h). "AND BECAUSE the said A. B. is an infant (to wit) of the age of two years, or thereabouts, the wardship or custody [as well of the person of the said A. B." (If the custom be such)" as] of the copyhold or customary tenements to which he has at this court been admitted, is granted unto C. D. his next of kin, to whom the same tenements cannot, according to the custom of the said manor, descend, until the said A. B. shall attain his full age, according to the custom of the manor aforesaid (2): HE (h) Such guardian, if ejected, may have an ejectione custodia, or at least an action in the nature of it. 1 Leon. 328. Cole v. Walles. Cro. Eliz. 224. S. C. (i) The age of majority differs in most manors. In some it is fourteen, in others fifteen, &c. In modern entries we frequently find the wardship committed till twenty-one. But these latter instances seem to have crept in through error from the circumstance before noticed (the age of the military tenant): for, at the time. in which our customs commenced, (and a custom must certainly have had a beginning, though we cannot at this day trace it, see Davy's Rep. 32. a.) the period the said C. D. PROVIDING, out of the rents and profits of the said tenements (or so far as the same shall extend), reasonable maintenance and education for the said A. B. during such his minority; ANSWERING such services from time to time to the lord as shall be due for the same tenements, according to the custom of this manor, and which a guardian may perform; AND RENDERING a full and just account when thereunto lawfully required." [110] of twenty-one was not applicable to the rustic or vill In old rolls we often find the wardship granted "durante beneplacito Domini ;" but more usually, "donec pervenerit ad plenam ætatem suam secundum Consuetud. Maner. prædict." CHAP. V.. [111] What. Who may grant a li cense. OF LICENSE. A LICENSE. is an express authority given by the lord for the time being, to the copyholder, to do an act which such copyholder would not be warranted in doing by the common law or the custom of the manor; as to demise the copyhold for years, or to fell timber, or the like. And as such license is only an authority, it must necessarily cease with the existence, Lord having or interest, of the lord who grants it. If a a particular lord who is tenant for years, or for life only, interest only. of a manor, therefore, grant license to his copyholder to lease for years, and die, or his interest in the manor expire, the license becomes void, and the term of years created in consequence of such license must cease |