Lex custumaria, or, A treatise of copy-hold estates in respect of the lord, copy-holder wherein the nature of customs in general, and of particular customs, grants and surrenders, and their constructions and expositions in reference to the thing granted or surrendred, and the uses or limitations of estates are clearly illustrated : admittances, presentments, fines and forfeitures are fully handled, and many quaeries and difficulties by late resolution setled : leases, licences, extinquishments of copy-hold estates, and what statutes extend to copy-hold estates are explained : and also of actions by lord or tenant, and the manner of declaring and pleading, either generally or as to particular customs, with tryal and evidence holder may recieve relief in the Court of Chancery : to which are annexed presidents of conveyances respecting copy-holds, releases, surrenders, grants presentmets, and the like : as also presidents of court rolls, surrenders, admittances, presentments, &c.

Carter, Samuel, barrister at law.

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CAP. X.

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Steward.

Every Steward of Courts, is either by Deed or without Deed; for a man may be retain∣ed a Steward to keep his Court Baron and Leet, without Deed, and that retainer shall continue till he be discharged, Co. Lit. 61. b. 4 Rep. 30. And such Steward may take Sur∣render of customary Tenants out of the Court, 4 Rep. 30. Holcroft's Case.

In all real Actions which concern Lands, the Suitors are the Judges; but in personal Actions under the Sum of forty shillings, the Steward is the Judge. Steward without Deed may take Surrenders out of Court, but the Custom must warrant it.

Note,* A difference between Steward of a Manor and the Steward of Courts; Steward of a Manor may take Surrenders in any place, 1 Leon. p. 227. Case 307. Blagrave and Wood.

Steward appoints his Deputy to keep a Court ad tradendum Copy-hold Land to W. for Life,* the Deputy commands H. his Servant to keep Court and grant the said Land (and the Cu∣stom found did not extend farther than the De∣puty.) though a Deputy cannot transfer his Authority over, being an office of Trust; yet Page 76 Per Cur. to take a Surrender and grant Land by Copy,* is not any judicial Act, and the ad∣mitting of a Copy-holder is not any judicial Act, for there need not be any Suitors there who are Judges, and such a Court may be holden out of the Precincts of the Manor: Per Cur. the Grant is good,* especially if the Lord of the Manor agree to it afterwards, 1 Leon. 288. Lord Dacres's Case.

One is made Steward ad exequendum per se vel sufficien' deputatum suum. J. S. makes A. his Deputy, hac vice to take a Surrender, & ad ulterius faciend, &c. its a good deputation, and though the authority was to take the Surren∣der absolute, and he takes a Surrender upon a Condition, yet its good, by reason of these words, Et ad ulterius faciend. Cro. Eliz. p. 48. Burdets's Case.

The Kings Copy-holder is attainted of Felo∣ny, whereby his Copy-hold Escheats; the Stew∣ard may grant this over ex officio, without any especial Grant, yet its his duty before he does it, to inform the Lord Chancellor, Treasurer and Barons, 4 Rep. 30. Harris and Jay.

*Stewardship was granted to A. to execute the Office per se vel sufficien' Deputat. suum. A. made a Deputation to M. ad capiend. unam sursum redditionem of one J. W. and J. his Wife, and to examine J. ea intentione, that the said J. W. and J. might take back an Estate for their Lives, the remainder over to J. B. in Fee. M. took two several Surrenders from the Hus∣band and Wife, the remainder to J. B. in Fee, upon condition to pay a certain Sum of mo∣ny, &c. Per Cur. The proceedings are well warranted by the Deputation aforesaid, 1 Leon. p. 289. Burgess and Foster. I can conceive this Page 77 to be the same Case as the former, and one will well help to explain the other.

If the Surrender and Re-grant is entred in the Roll of the Court, dated to be hold•• the second day of May, and the Deputation bears date the third day of June after. Per. Cur. This misentry of the date of the Court shall not prejudice the Party, for this Entry is not matter of Record, Vide ibid.

The Kings Auditor and Surveyor for the County of N. appointed a Steward for one of the Manors, illa vice;* He kept Court and grant∣ed Copy-hold, &c. their appointment is not good; they have no authority to appoint Stew∣ards, the one being to take Accounts, the other to survey Land, and the Grant is void. Things of necessity done by one who is but in a re∣puted Authority is good, if they come in by presentment from the Jury, or of necessity are good; as the admittance of an Heir upon a presentment, or admittance by a Surrender to an Use. But acts voluntary,* as Grant of a Copy-hold, is not good. If the Steward di∣minish the ancient Rents and Services, its a void Copy. If a Lord command a Steward that he shall not grant such Land by Copy,* if he grant it, it is void, Cro. El. 699. Harris and Jay. 4 Rep. 38. mesme Case. They ought to have Letters Patents of the Office of Steward.*

Infant is not capable of the Stewardship of a Manor, March p. 41.

Copy-holder moved the Court, That the Steward might be ordered to bring in the Court Rolls to enable him to defend his Ti∣tle, but the Court denied it, Stiles 128.

Baron and Feme Copy-holder in right of his Wife, surrender out of Court into the Hands of the Steward, and she was examined by him, Page 78 and it was not proved that he was Steward by Patent,* nor any special Custom to warrant it; yet Per Cur. it was good, Cro. Jac. p. 526. Smithson and Cage.

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