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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.

About this Item

Title
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.
Author
Carter, Samuel, barrister at law.
Publication
London :: Printed by the assigns of Richard and Edward Atkins ... for John Walthoe and are to be sold in his shop ...,
1696.
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Subject terms
Copyhold -- Early works to 1800.
Conveyancing -- England -- Early works to 1800.
Conveyancing -- Early works to 1800.
Landlord and tenant -- England -- Early works to 1800.
Landlord and tenant -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A34802.0001.001
Cite this Item
"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34802.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.

Pages

What Customs are good as to payment of Fines.

Of Fines due by the Copy-holder to the Lord, some be by change or alteration of the Lord, and some by change or alteration of the Te∣nant.

If the Fine be due by the alteration of the Lord, such alteration must be by act of God;* 1.1 for if the Lord do alledge a Custom within

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his Manor, to have a Fine of every one of his Copy-holders, at the alteration or change of the Lord of the Manor, be it by alienation, demise, death, or otherwise, this Custom is against the Law, as to the change of the Lord by the act of the Party, for by that means the Copy-holders should be oppressed, by the multitudes of Fines by the Lords own act, but when the change groweth by the act of God, there the Custom is good,* 1.2 as by the death of the Lord, Co. Lit. 59. b.

* 1.3But it is a good Custom that the Copy-holder had used to pay a Fine upon every alteration of the Tenant, either by the act of God, or by the act of the Party, Co. Lit. 59. b. Armstrong's Case.

The Fine is to be assessed by the Lord.

* 1.4But in some places the Custom is, That the succeeding Copy-holder shall compound with the Lord for his Fine, and if he cannot com∣pound, then the Homage of the Manor shall assess the Fine, as was the Case of Ford and Hoskins, Cro. Jac. 368.

* 1.5The Custom is not to pay a Fine till one come to Age; its a good Custom, 3 Keb. 90. agreed to in Champian and Atkinson's Case.

Notes

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