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.
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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.
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 May 23, 2024.
Pages
Act of the Tenant.
If Tenant alien parcel of the Tenancy, en∣tire Services, as Homage Fealty, Harriot, &c. shall be multiplied, Solida a singulis praestantur.
If my Tenant who holds of me by an Har∣riot, aliens parcel of his Land to another, each of them is chargable to me with an Harriot, because it is entire; and though the Tenant purchase the Land back again, I shall have of him for every portion an Harriot, 6 Rep.
Copy-hold was held by Rent and Harriot upon Alienation and Surrender: Copy-holder aliens parts of his Copyhold to one, and part to another, and retains part in his Hands, and surrenders to the Use of the Alienees. Per Cur. the Lord shall have an Harriot upon every alienation, in case of a Copy-holder, as well as a Tenant at Common Law. If they should not be multiplied, it would be in the power of the Tenant to defraud the Lord by Aliena∣tion of parcels, and in this case the Alienor pays the Harriot, because he continues Te∣nant, and upon every Alienation after by the Alienees they shall pay it, Palmer's Rep. 342. Sir Francis Snag against Fox, 1 Keb. 357.
If a Copy-holder being sick in his Bed doth surrender into the Hands of two Tenants, &c. to the Use of his eldest Son in Fee, and dyeth before the Surrender is presented in Court, the Lord must have an Harriot: If Surrender had been presented in Court, and Admission before the Father's death: Aliter
If an Harriot is due to the Lord upon every descent only, and a Surrender is made by a Copy-holder unto the Use of his Heirs in full Court, and to his Heirs, and the eldest Son is admitted Tenant accordingly, and the Fa∣ther dyeth, the Lord shall have no Harriot.
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