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. XV.

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Surrender upon Condition or Contingency.

Copy-holder may Surrender to the Use of another, on Condition, if the Copy-holder pay to the Surrendree, &c. ad Domum suam Mansionalem, &c. that then the Surrender shall be void, 5 Rep. 114. Wade's Case.

A Copy-holder may Surrender to the Use of another, reserving Rent,* with Condition of re-entry, for non-payment, and for default of payment, he may re-enter, 4 H. 6.11.21 H. 6.37.

A Copy-holder surrenders upon Conditi∣on, and afterwards by his Deed releaseth the Condition; its good without surrender, for properly a Right or Condition cannot be given or determined by Surrender but by Re∣lease, Page 128 Cro. Jac. 36. Hull and Shardbrook, 4 Rep. Kite and Quinton.

Surrender to the Use of one in Fee, upon Condition to pay 100 l. to a Stranger; it was a Question, if the tender of 100 l. to a Stran∣ger, and he refusing, the Condition is saved? By Beaumont, it is saved, aliter, in Case of an Obligation, where he takes upon him to do it, Cro. El. p. 361. Paulter's Case.

K. L. Father of the Defendant, Copyholder in Fee, surrendred to the Use of the Defen∣dant in Fee, upon Condition he should per∣form the Covenants in such an Indenture; the Defendant was admitted, and after surren∣ders the Land to the Use of the Plaintiff in Fee, upon Condition if the Defendant paid 10 l. the Surrender to be void. The Defen∣dant neither paid the 10 l. nor performed the Covenant in the Indentures. The Father en∣ters and dyes seized, and it descends to the Defendant,* and he enters, upon whom the Plaintiff enters: The Question was, if this En∣try were lawful, and adjudged it was not; for by the Entry of the Father both the Surren∣ders are defeated. So the Defendant may confess and avoid what was done to the Plaintiff, Judgment pro Defendente, Cro. Eliz. 239. Simonds and Lawnd, Trin. 33. Eliz.

*A Copy-holder saith, he surrenders his Co∣py-hold Estate, and if his Child which shall be Born dyes before his Age of 21 years, that then his Brother shall have it; its not good. This Case falls upon a Rule in Law, That one cannot pass a Copy-hold Estate to begin from a day to come, nor yet upon a Contingency, no more than a Free-hold at Common Law, 2 Bulstr. 274. Simpson and Southern.

Page 129If a Copy-holder surrenders his Copy-hold of Inheritance into the hands of the Lord,* to the Use of J. S. paying of an 100 l. to his Executors, within such a time after his death, he to whose Use this Surrender is made, takes by force of this presently, Per Dodridge, 2 Bulst. p. 275. idem Case.

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