case gardener against norman a lease make by husband and wife of the land of  the wife and deliver by letter of attorney in both their name will support a  declaration in ejectment on a lease by a say vide ante a but now by will mark  c in outlawry except for treason or felony the defendant may appear by  attorney without put in special bail croak James er p the husband only for the  delivery by attorney be void as to the wife it be the lease of the husband  only ante   light   cro car cro Elizabeth Leon run eject Com dig Bac ab Bac ab  dougl in what case the nonappearance of a copyholder to pay a fine assess  shall amount to a forfeiture   roll ab ray Mod Lut lev hob Com dig gilbert ten  ejectment of a lease of sir Arthur capel upon not guilty plead upon evidence  to the jury at the bar a lease by indenture be show in evidence in the name of  sir Arthur capel and Elizabeth his wife be the land of the wife which be sign  and seal by the husband and wife and letter of attorney by the husband and  wife to deliver it upon the land in their name and he deliver it in both their  name but because the declaration be of a lease of sir Arthur capel only and  not in the name of his wife exception be take Doderidge chamberlain and lea  chief justice hold that the declaration be good for the delivery by the  attorney be a void warrant as to the wife and so it be the lease of the  husband only but if the lease have be deliver upon the land by the husband and  wife it have be a good lease for both and he ought to have declare accord but  now it be the lease of the husband only and not voidable but void against the  wife therefore the declaration be good but Houghton justice doubt thereof and  they hold that where question be betwixt the lord and copyholder where the  lord assess a fine of twelve pound to be pay by a copyholder and appoint it to  be pay at his capital message of the manor three month after and the  copyholder pretend the fine to be certain that be to say two year quitrent  offer at the day of assess the fine accord to the rend for two year but at the  day appoint for the payment thereof come not thither to excuse his nonpayment  nor make any other refusal that in law this be a forfeiture of his copyhold  but if he have come at the day assign he for the payment and have croak throw  then tender the two year quitrent be the fine certain due accord to the custom  though not the fine assess and demand by the lord it have not be a forfeiture