barn against cork admittance of a copyholder for life be so of he in the  remainder and no fine due by the remainderman sans special custom I Mod  Ventris cro Elizabeth gold cro James   Leon Leon ejectment on the demise of  bird and on not guilty and special verdict the case be the land in question be  copyhold parcel of the manor of Widford whereof the lessor be lord and the  father of the defendant be seize of the say copyhold in surrender it to the  use of himself and his wife for their life the remainder to the defendant in  tail the husband and wife be admit and pay fine and James they be both dead  the defendant pray to be admit to the remainder and so he be and set upon he  for his fine the land be per and the fine be afterward demand of the defendant  and a day and place appoint for payment of it which he do not pay and say that  he think none be due for that he be admit by the admittance of his father and  mother tenant for life and therefore he refuse to pay it whereupon the lessor  enter and make the lease to the plaintiff and in this case three point be move  whether any fine be due levinz er p in this case and upon argument it be hold  by Powell and rokesby the only judge in court that no fine be in this case due  except there be a special custom for it but the admittance to the particular  estate be also a admittance to the remainder and that which be say in   Rep b  that it shall not be to the prejudice of the lord in respect of his fine be to  be intend where a fine be due by custom for a admittance of the remainder but  without a special custom none be due cro Elizabeth levinz Gupping vers bunny I  roll Abr light ten more pl dell vers Higden ibidem pl they hold that this  refusal be upon a doubtful matter and in such a manner be no such obstinate  and wilful refusal as will incur a forfeiture object suppose no fine be due  yet see he have pray to be and be thereupon admit he ought to pay the fine for  it though no admittance be necessary but the admission of the tenant for life  have be sufficient forbim for upon every admittance a fine be due to the lord  and here by the acceptance of the new grant and the admission of he thereupon  he have waive the benefit of the admission of his father and mother and be now  in as by a new grant be made oin the lord and to this rokesby justice seem to  incline that he have pray and obtain a admittance where there need no ne he  ought to pay a fine for it to which Powell seem contrary and it be adjourn but  afterward adjudge for the defendant