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
Priviledges of the Lord.
The Lord may upon Seizure of a Copy-hold maintain an Ejectment, till the Heir come to be admitted, 1 Keb. 287. Pateson and Dan∣ges.
The King shall not have the custody of the Land that the Ideot holds by Copy,* 1.1 for this is no more than an Estate at Will at Common Law; and if the King should have the custody of the Land, he would much prejudice the Lord. Yet alienation made of it by the Ideot, after Office found, shall be avoided, Coke 4 Rep. 126. Beverly's Case.
Copy-hold Lands granted to three, for the Lives of two; if the Tenants pur auter vie, dye Living cesty que vie, the Lord shall have it, for
descriptionPage 18
there shall no be Occupancy, 1 Rolls Abridg. 511. Ven and Howel's Case.* 1.2
* 1.3The Copy-holder is surdus & mutus, the Lord shall have the Custody and not the Prochein Amy, for otherwise he should be prejudiced in his Rents and Services, Cro. Jac. 105. Evers and Skinner.
The Lord is Chancellor in his own Court, to dispose of the Estate when the Tenant leaves it uncertain. Vide infra sub Tit. Customs in reference to Estates, & sparsim per tout.
If a Copy-holder surrender to the use of one, and the Lord refuseth to admit him, no Action of the Case lyeth against him; so if such Copy-holder prays the Lord to hold a Court, and he refuseth. Where a Surrender is to be made to a Tenant of the Manor, if he will not take such Surrender, yet no Action of the Case lyes against him, 1 Rolls Abr. 108.