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
Of other acts which are Forfeitures.
If a Copy-holder forgeth a Customary, con∣taining divers false Customs, and pretending them to be true Customs; Quaere, if this be a Forfeiture, 3 Leon. 107, 108. Tavernor and Crom∣wel.
* 1.1Custom is, That the Lord hath a Field-course for five hundred Ewes, over the Lands of the Copy-holder, from Michaelmas till Lady-day, in all the Lands of the Copy-holders, not inclo∣sed; the Custom was too, That if they did In∣close he might Fine them; Per Cur. Inclosure is no Forfeiture, Paston and Utbert, 5 Car. 1. Hutton, p. 102. Lit. Rep. 246. mesme Case.
* 1.3If a Copy-holder bring a Replevin, it is a Forfeiture, 1 Rolls Rep. 48. in the case of Warn and Sawyer.
* 1.4A Copy-hold is not forfeited by Outlawry in a personal Action, for the Lord is not pre∣judiced by it, and yet the King shall have the Profits.
* 1.5Bare Inclosure is not Forfeiture of a Copy-hold, Hetly, p. 7, 8.
descriptionPage 211
The manuring of Land to Hop Ground, was agreed to be a Forfeiture.
If Doal Marks are about a Copy-hold, and the Copy-holder makes such Ditches that he defaceth the Doal Marks, this may be a For∣feiture, for in time it may prove to the dis∣heritance and loss of the Copy-hold.