Who shall pay an Harriot and when or not.
Where many Purchase Land joyntly, an Har∣riot shall not be paid till after the death of the Survivor, 8 Rep. 105.
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.
- Rights/Permissions
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To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- 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
Page 242
If by Custom a Copy-holder dyes seized, he shall pay an Harriot to the Lord, and after the Copy-holder is disseised, and dyes during the disseisin, yet he shall pay an Harriot with∣in this Custom, for he was Tenant in right, notwithstanding this disseisin, 2 Rolls Abr. 72. Norris's Case.
Lease is made to A. for 99 years, if B. C. and D. or any of them so long shall live, to commence after the determination of a former Lease, rendring Rent after the commencement of the term, ac etiam post mortem B. C. & D. re∣spective for an Harriot 3 l. B. dyes before de∣termination of the first term, and Lessor brings det. for 3 l. for an Harriot: Per Cur. no Harriot is due, because coupled with a Rent, and no Rent is due during the interesse termini, but both begin together, Siderfin, p. 437. Hangon and Carve.
Lease is made for 99 years, if I. and S. live so long, to commence after the determination of a former Lease to Sibel, if Sibel lived so long, reddendo 40 s. per annum, and 3 l. in the name of an Harriot, post mortem of each Cesty que vie. Per Cur. the Harriot ought not to be paid till the Lease come in possession, which is not till Sibel dye, at which time the second Lease takes effect, and this shall follow the nature of the Rent, being in company with such Rents and Services as are to be only done when the Lease comes in possession; and the Lease to Lessee for 99 years, is but a future Inte∣rest, where the Lessor hath no Reversion, nor the Lessee any term, and reddendo is a reserva∣tion, and therefore cannot take effect till there is a Reversion; but Keeling contra, this being a sum in gross, and here is an express agreement to pay after the death of either of the Parties,
Page 243
and agreements may reach payments as well on contingency, as where the Party hath In∣terest, 1 Keb. 677. Lemal against Cara.