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.
Carter, Samuel, barrister at law.
Page  339

A Bargain and Sale of Copy-hold Lands, by Com∣missioners of Bankrupts.

This Indenture, &c. Between A. B. &c. the Commissioners of the one part, and C. D. &c. (Assignees) of the other part. Whereas the King and Queens Majesties Commission under the Great Seal of England, grounded upon the se∣veral Statutes made concerning Bankrupts, bearing date at Westminster, the day of, &c. last past, hath been awarded against E. F. of, &c. and directed to the said Commissioners thereby giving full power and authority unto the said Commissioners, four or three of them, whereof the said A. B. and P. B. to be one to execute the same, as by the said Commission more at large appeareth. And whereas the Commissioners, parties to these presents, or the major part of them, or the major part of the Commissioners, by the said Commission autho∣rized, having begun to put the said Commis∣sion in Execution, upon due examination of Witnesses and other good proof, and upon Oath before them taken, do find, That the said E. D. hath for the space of six years last past, or thereabouts, used and exercised the Trade and profession of a, &c. in buying and selling of, &c. at his House and Shop in S. aforesaid, and sought and endeavoured to get his living by buying and selling. And that the said E. F. so seeking and endeavouring to get his living by buying and selling during the time of his said Trading, did become justly and truly indebt∣ed, and still doth owe and stand indebted un∣to the above-named C. D. and other his Cre∣ditors, in the sum of, &c. and being so indebt∣ed, he the said E. F. did in the judgment of Page  340 the said Commissioners, parties to these presents, become Bankrupt to all intents and purposes, within the compass, true intent and meaning of several Statutes made concerning Bankrupts, or within some or one of them, before the date and suing forth the said Commission. And whereas also the said Commissioners, parties to these presents, or the major part of the Com∣missioners by the said Commission authorized, having also found out and discovered that he the said E. F. at the time and since he became Bankrupt, was and stood seized to him and his Heirs, according to the Custom of the Manor of L. in the County of L. of and in, &c. All which Copy-hold or customary Premisses, the greater part of the above-named Commissioners by the said Commission authorized, have caused to be viewed and rented, and the same to be ap∣praised to the best value they can or may, and accordingly the same have been viewed, rented and appraised by R. S. and T. V. men of sufficient skill and ability for the doing there∣of▪ in manner and form following (that is to say) &c. as by the particular appraisment sent to the said Commissioners, it may appear, the value whereof in the total amounts to the sum of, &c.

Now this Indenture witnesseth, That the said Commissioners, parties to these presents, by force and vertue of the said Commission, and of the several Acts of Parliament therein men∣tioned and evpressed, for and with the con∣sent, and at the request of the Creditors of the said E. F. that have sued forth and prose∣cuted the said Commission against the said E. F. for and in consideration of the sum of, &c. unto the said Commissioners, by the said C. D. &c. to the use, benefit and behoof, as Page  341 well of themselves, as also of all other the Creditors of the said E. F. that have sued forth and joyned, and that shall hereafter in due time joyn in the prosecution of the said Com∣mission, according to the Statutes in that be∣half made and provided, well and truly con∣tented and paid, have by force and virtue of the said Commission, as much as in them the said Commissioners lyeth, and they law∣fully may, granted bargained and sold, and by these presents do as much as in them lyeth, and they lawfully may, grant, bargain and sell unto the said C. D. &c. all the aforesaid Co∣py-hold or customary Messuage, &c. now in the occupation of, &c. holden by Copy of Court Roll of the aforesaid Manor of W. to∣gether with all Woods, Under-woods, Com∣mons, Pastures, &c. and Appurtenances what∣soever, unto all and every the said Copy-hold or other customary Premisses thereby granted, and every part and parcel thereof belonging or in any wise appertaining, and all the Estate, Right, Title, Interest, Use, Possession, Rever∣sion and Reversions, Remainder and Remain∣ders, Claim and Demand whatsoever, of the said E. F. of, in and to all and singular the Premisses hereby granted, and every part and parcel thereof, To have and to hold all the said Copy-hold or customary Messuage or Te∣nement, &c. with their and every of their Ap∣purtenances, to their proper use and behoof, for ever, according to the Custom of the said Manor of L. Yeilding, paying, performing and doing unto the said Lord of the aforesaid Ma∣nor, of whom the Copy-hold or customary Premisses, hereby granted, are holden, all and every the Fines, Rents, Duties and Services, of right used and accustomed to be yeilded, Page  342 paid, performed and done for the same, &c. In Witness, &c.