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. / by S.C., Barister at Law.

CAP. XV.

Constructions of Surrenders as to Limita∣tions of Remainders and Reversions. Of Contingent Remainders. Where the Heir shall be in by Descent or Purchase. Of a Surrender to the Ʋse of ones last Will and how to be Construed. Surrender upon Condition or Contingency. Of Surrender before Admittance. Surrender by whom, to whom, by Feme Covert. Countermand of a Surrender. What Remedy to force a Trustee to Surender.

Construction of Sur∣renders as to

• ...Reversion
• ...Remainder

Limitation.

What shall be good to pass by the Name of a Re∣version or not.

COpy-holder by Licence of the Lord demi∣sed the Copy-hold to the Plaintiff for twenty years by Indenture, rendring Rent; the same Copy-holder surrendred the Reversion of the one moity to A. and of the other to B. and they were admitted. Per Cur. The Surren∣der by the name of a Reversion was good in this Case, though the Lease was not made by Surrender (which had then been directly deri∣ved out of the customary Estate) but by Inden∣ture, for it is still the Lease of the Copy-holder and not of the Lord, and the Rent will be divi∣ded by moities.

Husband seized of Copy-hold Land in the right of his Wife, who had the Fee, surren∣dred the Copy-hold Land, by the name of a Reversion, after the death of the Husband and Wife, the Surrender is void; for by that pre∣tence there shall be a particular Estate left in the Wife, and also in the Husband, whereas the Husband had nothing before, which can∣not be: And when one is seized in Fee, he cannot by any matter in Fact give away the Inheritance after his death, and so leave a parti∣cular Estate in himself: Peradventure by matter of Record he may, Cro. Eliz. p. 29. Clamp's Case.

Copy-holder in Fee by Licence of the Lord, 15 Feb. 4 Jac. makes a Lease for sixty years, rendring Rent, and the Lease was to commence at Michaelmass next ensuing. Lessee enters and was possessed, Postea scil. 8. May, the Copy-holder surrenders the Reversion to divers Uses, the Grantee of the Reversion distrains for Rent, this Grant of the Reversion seems not to be good, the Surrender being made the 8th of May, which was before the inception of the Lease; perhaps if no day had been named it had been good, Lit. Rep. 17, 18. Mary Selby and Beck and Drewet's Case, there cited. A Feme Copy-holder in Fee, comes into Court and offers to Surrender to J. S. in Fee, but she de∣sires to retain to her self an Estate for Life; the Steward enters that she surrenders the Re∣version of her Copy-hold to J. S. after her her death, its naught, Vide Attornment supra.

Limitations in Remainder and Construction there∣on, and of Contingent Remainder.

Tenant for Life and he in Remainder of a Copy-hold, he in Remainder surrenders his Remainder to the Use of Tenant for Life, and after his decease to the Use of himself and his Wife; the Estate limited to the Tenant for Life, is void, but the Estate limited to Baron and Feme, is good, by way of present Estate, and not of Remainder, 1 Sanders Rep. 150, 151, 152. So in Siderfin, p. 360. Copy-holder in Remain∣der surrenders to a Copy-holder for Life, Re∣mainder over; this Remainder over, is good, by way of grant in the Estate limited to the Tenant for Life, because he had an Estate in it for his Life before; and therefore it was argued, That the Remainder limited after this particular Estate which is void in its creation, are void also. But Per Cur. the intent was, that Husband and Wife shall have the Land joyn∣ly for their Lives, in possession after the death of Tenant for Life, as by mediate Settlement. A Surrender is rather in nature of a Deed Poll than of an Indenture, and enures by way of limitation of Use, & ut res magis valeat, Wade and Bath.

A Fee may be limited upon a Fee, upon a collateral Contingent in Copy-hold Estates: As if a man surrender a Copy-hold in Fee to the Use of J. S. and his Heirs, who is an Infant, and if J. S. dyes before the age of twenty one years, or marriage, then he surrenders this to the use of J. D. in Fee. This is a good Re∣mainder to D. upon the Contingent, 2 Rolls 791. Simpson and Southwood. Its made a Quaere in Stiles, in the Argument of Pausley's Case, If

by the destruction of a particular Copy-hold, a Contingent Remainder be destroyed. Rolls conceived not, because it doth not depend upon the particular Estate, but ought to ex∣pect till the Remainder happen, Stiles 251. and there is one in esse to take the particular Estate. But it seems the Law to be contrary, and that if the particular Estate be destroyed the Contingent Remainder is gone: As to this,

A Surrender is to the Use of a Feme Covert, the Remainder to the right Heirs of the Body of the Husband and Wife; he in the Re∣mainder shall not take till the Husband dyes, for he which is to have this, ought to be Heir of the Body of both, 2 Rolls Abr. 415. Lane and Pannel: A like Case as this is also Report∣ed, 3 Leon. p. 4. Copy-holder is surrendred to the Use of the Wife for Life, the Remainder to the Use of the right Heirs of the Husband and Wife; the Husband entred in the right of his Wife. Per Cur. The Remainder is exe∣cuted for a moiety presently in the Wife, and the Husband was seised of that in the Right of his Wife, and the Wife dying first, her Heir shall have it, but if the Husband had dyed first, his Heir should have had one moiety.

But the Case of Lane and Pannel (wherein was good Law▪ and nicely argued,) is better Report∣ed in 1 Rolls Rep. 238, 317, 438. The Case was this: Lane was seized of a Copy-hold in Fee, and having a Wife, surrenders it to the Use of Dixon and the Wife for their Lives, and after to the Use of the Heirs of the Body of the Husband and Wife; and the Wife and Dix∣on are admitted to them and their Heirs, and after Dixon surrenders his moiety to the Hus∣band and Wife, and their Heirs, upon which

they were admitted; and afterwards they Sur∣render it to the Use of one Davis in Fee, who was admitted; then the Wife dyes having Issue, and after the Husband dyes, the Heir brings an Action of Trespass; its not maintain∣able. The great Question was, whether the Wife had an Estate Tayl executed (vested) in her. Per Coke, its Estate Tayl executed in the Wife; but by the Reporter it seems it is not executed but rests in contingency; the Case as to that is but this: A man gives Lands to the Use of his Wife for Life (for as to this, the Estate of the Stranger is not material,) and after to the Use of the Heirs of the Body of the Husband and Wife, begotten; (for had it been to the Use of the Wife for Life, the Remainder to the Use of the Heirs of the Wife by the Hus∣band begotten, it had been no Question) he which is to have this, ought to be Heir of both their Bodies, which cannot be before the death of both; and then it may so happen, that this Remainder shall never take effect, for if the Wife dye who had the particular Estate, during the Life of the Husband (as it was here) her Heir of her Body cannot take it, because he is not Heir of the Body of the Husband also, and then he not being capable of the determination of the particular Estate, he shall never have it, and where an Estate rests upon Contingency this may not be executed be∣fore the Contingency happen. Per Cur. when the Wife and the Estranger are admitted in Fee, this doth not alter the Estate, but they shall be seized according to the Surrender. And when Dixon surrenders his moiety to the Use of the Husband, this was a severance of the Joynture, between him and the Woman, and the Husband aliening the whole to the

Defendant, he had a moity for the Life of the Wife, defeazable by the Wife, and the other moiety for the Life of Dixon, and after when the Wife dyes, the Estate of Pannel is deter∣mined, as to one moity, and on this the Re∣mainder ought then to have vested; but the Plaintiff being Heir of the Body of the Wife begotten by the Husband, cannot take the Remainder which was limited to the Heirs of the Body of the Baron and Feme, during the Life of the Husband, because non est haeres vi∣ventius, and he which takes this Remainder ought to be Heir of both their Bodies, or otherwise he shall not take it at all, and there∣fore the Remainder is destroyed, as to this moiety.

As to the Admittance of him in Remainder, Vide Admittance.

Note, The possession of a Lessee for years, is the possession of him in Remainder, yea, so as to make a possessio fratris, Modern Rep. 102. Blackburn and Greaves.

Where the Heir shall be in by Descent or Purchase.

It is a common diversity in our Law, where a Man surrenders to the Use of himself for Life, and afterwards to another in Tayl, the Remainder to the right Heir of him who sur∣rendreth, there his Heirs shall have it by de∣scent; otherwise, where the Surrenderer hath not an Estate for Life, or in Tayl, there his Heir shall enter as a Purchaser. To illustrate this by a Case or two:

A Copy-holder surrendred his Lands to the Use of a Stranger for Life, and afterwards to the Use of the right Heirs of the Copy-holder, who afterwards surrendred his Reversion to the

Use of a Stranger in Fee, and dyed, and Te∣nant for Life dyed, the right Heir of the first Copy-holder entred. Per Coke, nothing remain∣ed in the Copy-holder upon the first Surrender, but the Fee is reserved to his right Heirs, for if he had not made any second Surrender, the Heir should be in, not by Descent, but by Purchase, 1 Leon. Allen and Palmer.

A. seized in Fee of a Copy-hold, surrenders this to the Use of his last Will, and after by his last Will devised it to B. for Life, and after his death to the Heir of his Body begot∣ten for ever. Per Cur. The word (Heir) being limited to the Body of B. is nomen collectivum, and all one with the word Heirs, and so B. had a Fee executed, and his Heir shall have this by Descent and not by Purchase: And it is not like to Archer's Case, 1 Rep. Where the Devise is to B. for Life, and after to his Heir Male, and to the Heirs Males of such Heir Male, for there the Inheritance is limited to the Heir Male of the Body of such Heir Male, Stiles 249, 271. 2 Rolls Abr. 253. Powsly and Lowdal.

Not a good Remainder within the Custom.

A Copy-hold which by Custom was de∣misable for three Lives, was demised to one for Life, the Remainder to such a Wife as he shall marry, and to the first Son of his Wife, Per Cur. These two Remainders are void, but the Estate for his Life was good, More, n. 1922. Webster and Allen, Vide supra.

Of a Surrender to the Use of one's last Will, and how to be construed.

A man cannot devise Copy-hold Estate to transfer it by his last Will only, but he must Surrender it in Manus Domini, to the Use of his last Will, and then he may devise it to whom he pleaseth; but its apparent that no∣thing passeth by the Will, but all by the Sur∣render; and the Will is only a Declaration of the Uses of the Surrender, 1 Bulst. p. 200. Se∣main's Case: But if a Copy-hold he devised without Surrender, it cannot be executed in point of Interest, but only by Decree in Chan∣cery, 2 Keb. 837. Harrison and Grosvener.

But a Custom, that a Copy-holder shall De∣vise his Land, is not good without Surrender, p. 35 Eliz. E. R. Rot. 334. Wrot's Case.

A man seized of Copy-hold Lands, devised a certain parcel of them to his Wife for Life, the Remainder to his Brother and his Heirs, and afterwards in presence of three persons of the Court, said to them, I have made my Will, and have appointed all things in my Will as I will have it; and afterwards he said, And here I Surrender all my Copy-hold Lands into your Hands accordingly. Per Cur. The Surrender is restrained by the VVill, and not all his Co∣py-hold Lands, but only so much as are men∣tioned in the Will, pass to the Wife, 3 Leon. p. 18.

Copy-holder in Fee surrenders into the Hands of a Tenant, according to the Custom, to the Use of a Will, which he said he would make and leave in the Hands of his Partner Moss. Moss dyes, and after the Copyholder makes his Will, and recites the Surrender; it

seems that the Devisee shall have the Lands, for the words, That he would leave in the Hands of Moss, are words of demonstration, and not of restraint; and then it is a ground in our Law, When an act is to be done, with re∣ferrence to another thing, which is impossible, ille∣gal or variant, the act shall stand, and the refe∣rence shall be void, Lit. Rep. p. 23. Littleton against Eaton.

Let us see now when a man hath surrendred to the Use of his last Will, how the Estate stands in the Surrenderer.

Copy-holder surrenders to the Use of him∣self, for Life, and after to the Use of R. his Son for Life, and after to the Use of his last Will. R. dyes, the Father afterwards surrenders it to the Use of J. S. in Fee, and dyes, with∣out making any Will. Its a good Surrender, for a Copy-holder may surrender parcel of the Estate, and the residue shall be in himself, and the Fee Simple of the Copy-hold being limited to the Use of his Will, remains in the Copy-holder, and not in the Lord, Cro. El. 441. Co. 4 Rep. 23. Finch and Hockly, and that the Fee lyes not in the Lord, is Bullen and Grants Case, 1 Leon. p. 174. When one surrenders to the Use of his last Will, and thereby deviseth Copy-hold Lands to his middle Son, and the Heirs of his Body, who dyes without Issue, and the Lord grants it to the youngest, the eldest Son may enter, and Admittance is not necessary.

J. S. seized in Fee of Copy-hold Lands, devised it to his Wife for Life, and that she should sell the Reversion for the payment of his Debts, and after in Court did Surrender the Lands to the Use of his Wife, for Life, according to the Will and Deed, she may sell the Land; he surrendered and referred to the

Will, and she surrendred upon Condition to pay 12. l. this was held to be a good Sale, according to the Will. Cro. El. 68. Bright and Hubbard.

If there be two Joynt-Tenants, and the one Surrenders into the Hands of two Tenants to the Use of his last Will, and makes a Will of the Land, and dyes; the Surrender is after∣wards presented. Per Cur. Its a severance of the Joynture, and shall bind the Survivor, for being presented, it shall relate to the first time of the Surrender, Cro. Jac. 800. Porter's Case, 1 Brownl. Rep. 127. Allen and Nash.

Pleadings.

Quod tenens custumar. in feodo possit devisare in feodo pro termino vitae vel annorum, Coke Ent. 124.

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,

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.

If 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.

Surrender upon Condition or Contingency.

Copy-holder may surrender to the Use of another, on condition if the Copy-holder pay 250 l. 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 condition, 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 Release, Cro. Jac. 36. Hull and Sharebrook, 4 Rep. Kite and Quinton.

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

The Form of a Surrender of Copy-hold Land upon Condition, Vide Conveyancers Light, p. 827. Vide infra Presidents.

Of Surrender before Admittance, whether it shall be good or not?

A Surrender to J. S. J. S. Surrenders to a Stranger, who is Admitted. The Stranger takes nothing, for J. S. had no Estate before Admittance, and the right and possession still remains in him who surrendred, and this shall descend to his Heir. But the diversity is, an Heir to whom a Copy-hold descends or comes in remainder, he may surrender before Ad∣mittance, because he is in by course of Law, for he Custom which makes him Heir to the Estate casts the Possession upon him, from his Ance∣stors. But a Stranger to whom the Copy-hold is surrendred, had nothing before Admittance because he is a Purchaser, and the Copy made to him upon his Admittance is his Evidence by the Custom; and before this he is not a custo∣mary Tenant, and so he can transfer nothing to another. Yelv. p. 144, 145. Wilson and Weddel. Cro. Jac. p. 36. Joyner's Case.

Copy-holders Baron and Feme to them and the Heirs of the Husband: Husband dyes, the Heir may surrender his Reversion into the hands of two Tenants, out of Court, (if the Custom be so,) before any Admittance, and during the Life of the VVife, and its a good Surrender, for the Reversion was cast upon him by the Surrender, before any Admittance, 1 Rolls Abr. 499. Calchin and Calchin.

Surrender, by whom.

An Infant who Surrendred his Copy-hold Land within Age, may enter at his full Age, without being put to any Suit for it, Popham. p. 39.

Infant within Age, surrenders to the Use of another, its not good, in Chancery, Mich. 9 Jac. Hughs and Carpenter.

Baron seized of Copy-hold in right of his Feme, in Fee, surrenders without his Wife, to the Use of J. S. in Fee, who was Admitted; Baron dyes, VVife dyes, the Heir of the VVife enters, and makes a Lease, and good; this was not any discontinuance against the VVife, to put the Heir to his Plaint, in nature of a sur cui in vita. That Action is given, where Reco∣very by default is against the Baron and Feme, Popham 39. Bullock and Dibler.

Copy-holder pur vie Surrenders to the Use of another, there can be no possibility of having it again, if he survive; for the Surrenderer is meerly in by the Lord, and not by the Copy-holder; but if a Copy-holder in Fee surrender to the Use of another, for Life, who is admit∣ted, he is in quasi by the Copy-holder, and by his death the Copy-holder shall have it again, Cro. Car. 204▪ King and Lord.

Tenant for Life of a Copy-hold, where the Remainder is over, may surrender to the Lord, 9 Rep. 107. Podger's Case.

A Feme Covert and J. S. are Tenants for Life of a Copy-hold, and J. S. surrenders his moiety to the Husband of the VVife; this is a severance of the Joynture, so that he is Te∣nant in Common with his VVife, 2 Rolls Abr. 88. Lane and Pannel.

Two Joynt-Tenants of a Copy-hold, and the one surrenders his moiety into the Hands of the Lord, to the Use of his last VVill, and thereby deviseth it to another; this is a good Devise, because by the Surrender the Joynture was severed between them, Co. Lit. 59. b. So if there are two Joynt-Tenants in Fee of a Co∣py-hold, and the one Surrenders his part out of Court, into the Hands of the Lord, to the Use of his last VVill, and by his last VVill

afterwards deviseth it to the Use of a Stranger in Fee, and after at next Court the Surrender is presented; by the Surrender and Presentment the Joynture was severed, and the Devisee ought to be Admitted to the moiety of the Land, for now by relation the State of the Land was bound by the Surrender, Co. Lit. 59 b. Constable's Case, cited there.

Where a Copy-hold granted by a Disseisor, &c. shall be good, and stand in force against the Disseisee, and where not.

Tenant for Life, Remainder for Life of a Copy-hold, the Remainder man for Life en∣ters upon Tenant for Life in possession, and makes a Surrender; nothing at all passeth here∣by; for by his Entry he is a Disseisor, and hath no customary Estate in him whereof to make a Surrender, Mod. Rep. 199. Bird and Keck.

This diversity was unanimously agreed. If Disseisor or Feoffee of a Disseisor, or any other who has a tortious or defeasible Estate, or Inte∣rest subject to the Action or Entry of another, hold Court, and make any voluntary Grant upon Es∣cheat or Forfeiture of a Copy-hold, such volunta∣ry Grant shall not bind him that had right, when he shall re-continue the Manor by Action or Entry; for to this intent the said Custom shall be intended of a Lord which had a lawful Estate or Interest; but if such Lord who had a tortious or defeasible Estate, admit any upon Surrender made to the Use of another, or give Admittance to the Heir upon a Descent, such Admittance shall be good, and within the Custom; for such acts are lawful, and quo∣dammodo judiciales, and which he may be com∣pelled to do in a Court of Equity, 4 Rep. 23. b. Clark and Penyfeather. So every one who had

a lawful Estate or Interest in a Manor (Dom. pro Tempore) both in Fee or Tayl, or Dower, or by the Curtesie, or for Life, or Years, or as Guardian, or Tenant by the Statute, or Elegit, or at Will. Otherwise of Tenant at Sufferance: For if there be Tenant pur auter vie, of a Manor, and Cesty que vie dyes, and the Tenant continue in the Manor, and hold Courts, and makes voluntary Grants, by Co∣py, this shall not bind the Lessor; aliter of Ad∣mittance upon Surrender, or upon Descent, 4 Rep. 24. Rous and Archer's Case; such Grants shall not be avoided by disability of the person, or defect of Interest, or exility of the Estate of the Lords (as at VVill, sur condition, &c.) 8 Rep. 63. Swain's Case: Or whether it were granted by non compos mentis, Infant, Bishop, Parson, non sanae memoriae, &c. it is not material in Sur∣renders, Vide supra in Tit. Lords Grants. If a Co∣py-hold Escheat or come into their Hands during their time, they may re-grant it, red∣dendum the ancient Rents, Customs and Ser∣vices, and this shall bind the Lord who had the Inheritance or Free-hold, 4 Rep. ibid. So such Grant by Baron and Feme shall bind the VVife, notwithstanding the Coverture; So a Grant by a non compos mentis, a Bishop, Infant, and so Feme Covert, non sanae memorie, Infants, Successors of Bishops, Parsons, Prebends, are bound by the said Custom, it being that the Tenements sunt dimiss. & dimissib. per Dom. Manerij pro tempore existen, &c. ibid. vide supra.

By a Feme Covert.

A Tenant out of Court cannot take a Sur∣render of a Feme Covert, for that she is se∣cretly to be examined by the Steward, Tothil, p. 108. unless by special Custom.

The Surrender of a Feme Covert being so le examined, shall bind her; but whether such a Surrenderer, upon her examination made before two Tenants of the Manor, such Surrenders before them, being used to be made, be good, was the Question in the Case of Erish and Rives, Mich. 41 El. B. C. and Per Cur. by special Cu∣stom to warrant it, it may be good.

By Infant, Vide supra.

Feme Tenant for Life of a Copy-hold, the Reversion being granted over to B. for Life, Re∣mainder to C. for Life, cum acciderit post mortem sursum redditionem vel forisfacturam of the Feme, and after the Husband Surrenders to the Use of B. for Life, and so he is Admitted Tenant, and after dyes. In this Case C. shall not have this, because his Estate is not to commence till after the Death, Surrender, or Forfeiture of the Feme; and the Feme here is in Life and had not made any Surrender or Forfei∣ture, and the Wife had right in this in the na∣ture of a plaint de cui in vita. But the Lord in this Case may retain it in his own proper hands or disposition, during the Life of the Hus∣band, quasi an Occupant, Dyer 9 El. 264. Sect. 38.

Surrender, to whom.

By the Husband to the Use of the Wife is good, vide supra, and 4 Rep. 29. Bunting's Case, for it is done by Surrender to the Lord and Ad∣mittance.

A Surrender made to the Steward, to the Use of the Steward, is good, for the Entry is, quod sursum reddidit in manus Domini, and the Steward is but the Lords Servant, and the sur∣render is to the Lord, and not to him, Cro. El. p. 717. Erish and Rives.

So Infant, Vide supra.

Of Countermand of a Surrender. Where the Surrender of a Copy-hold may be Coun∣termanded by the Party himself, and what col∣lateral Act without the assent and privity of the Party shall be a countermand, and where, and what not.

Grant by Baron and Feme shall bind the Feme notwithstanding the Coverture: so Grant by non compos mentis, Infant, Vide supra.

Vide supra. Where and what Grants by Lords of Manors shall be good or defeasible in re∣spect of the Estate they had therein.

Surrender is not Countermanded by the death of Surrenderor before Presentment, 4 Rep. 29 Bunting's Case.

VVhere the Customs are not pursued, the surrenders are void, Vide sparsim, and 5 Rep. 84. Peryman's Case.

Surrender by Steward or Deputy Steward and of persuing their Warrants, vide Steward, supra.

What remedy to force a Trustee to Surrender.

A Copy-holder doth surrender to the Use of one A. in Trust, that he shall hold the Land until he hath levied certain Monies, and that afterwards he shall surrender to the Use of B. The Monies are levied. A. is required to make surrender to the Use of B. he refu∣seth, B. exhibits a Bill to the Lord of the Ma∣nor against A. who upon hearing of the Cause Decrees against A. That he shall Surrender; he refuseth: Now the Lord may seize, and admit B. to the Copy-hold, for he in such case is Chancellor in his own Court, Per totam Curiam, 1 Leon. 2. Or relief may be had in Chancery.

Notes

• Surrender by the name of a Reversion.
• One cannot leave a parti∣cular Estate in himself.
• Surrender of a Reversion bears date be∣fore the in∣ception of the Lease.
• Remainder over good by way of Grant, and doth not depend upon a particular void Estate.
• Fee upon a Fee, upon a Contingency.
• Whether Estate Tayl Executed, or rests in Con∣tingency.
• Severance of a Joynture.
• Remainder destroyed, be∣cause not vests on the deter∣mination of the particular Estate.
• Heir.
• Decreed.
• A general Sur∣render re∣strained by the Will.
• Words of Demonstrati∣on, and not of restraint.
• Copy-hold devised to pay Debis.
• By Joynt-Te∣nants.
• Condition, Re entry for non-payment of Rent.
• Additional Surrenders defeated by Entry.
• One cannot pass a Copy-hold Estate to begin at a day to come, no not upon a Contingency.
• Use vests pre∣sently, the Condition to take effect in futuro.
• Condition of re-entry for non-payment of Rent.
• Purchaser hath nothing before Admit∣tance, neither can he Surren∣der.
• The Heir may surrender the Reversion be∣fore Admit∣tance.
• By Infant.
• By Husband of the Wives Land.
• By Copyhold∣er for Life.
• By Joynt-Te∣nants.
• By Disseisor, &c.
• Of the lawful Lord, who can make Grants and admit upon Surrenders.
• Sola & secreta examinat.
• By the Hus∣band of the Wives Land, Quid opera∣tur.
• Occupant.
• To the Wife.
• To the Ste∣ward.
• In the Lord's Court.