Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/387

 Ch. 22., as in admittances upon urrenders, o in admittances upon decents by the death of the ancetor, the lord is ued as a mere intrument; and, as no manner of interet paes into him by the urrender or the death of his tenant, o no interet paes out of him by the act of admittance. And therefore neither in the one cae, nor the other, is any repect had to the quantity or quality of the lord's etate in the manor. For whether he be tenant in fee or for years, whether he be in poeion by right or by wrong, it is not material; ince the admittances made by him hall not be impeached on account of his title, becaue they are judicial, or rather miniterial, acts, which every lord in poeion is bound to perform.

, however, upon urrender differ from admittances upon decent in this; that by urrender nothing is veted in cetuy que ue before admittance, no more than in voluntary admittances; but upon decent the heir is tenant by copy immediately upon the death of his ancetor: not indeed to all intents and purpoes, for he cannot be worn on the homage nor maintain an action in the lord's court as tenant; but to mot intents the law taketh notice of him as of a perfect tenant of the land intantly upon the death of his ancetor, epecially where he is concerned with any tranger. He may enter into the land before admittance; may take the profits; may punih any trepas done upon the ground ; nay, upon atisfying the lord for his fine due upon the decent, may urrender into the hands of the lord to whatever ue he pleaes. For which reaons we may conclude, that the admittance of an heir is principally for the benefit of the lord, to intitle him to his fine, and not o much neceary for the trengthening and compleating the heir's title. Hence indeed an obervation might arie, that if the benefit, which the heir is to receive by the admittance, is not equal to the charges of the fine, he will never come in and be admitted Rh