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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

Priviledge of Infants Copy-holders; Or Resolutions concerning Infants, in respect of Fines, Admit∣tances, barring Estates, and being bound by Customs or not.

Custom of a Manor is, That if a Copy-hold descends to any man, that Proclamation shall be made at three several Courts, that he shall

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come in to be admitted,* 1.1 and if he come not in, it shall be a forfeiture to the Lord; yet an Infant shall not be comprehended within this Custom, for he by intendment of Law is not at discretion to make his Claim, 8 Rep. 100. Letchford's Case.

It seems to be a Rule in Law, An Infant cannot be protected by the Law by his non-age in any Case, but where his Right which he had while an Infant, and descended to him, might have been barr'd and interrupted by non-claim; so in case of forfeiture; the reason of the Rule is, because the Law conceives he will have that knowledge to preserve his right when he is of full Age, Carter's Rep. 86. in Smith and Painton's Case.

It was holden in Rumny and Eve's Case,* 1.2 1 Leon. p. 100 Pl. 128. If a Copy-holder dyeth, his Heir within Age, he is not bound to come into any Court during his non-age, to pray admit∣tance, or to tender his Fine.

An Infant who surrenders his Copy-hold Land, within Age, may enter at his full Age,* 1.3 without being put to any Suit for it. A Case cited in Popham 39. in Bullock and Dibler's Case.

Infant Copy-holder in Fee makes a Lease for years, without Licence,* 1.4 rendring Rent at full Age, he accepts the Rent, and after outs the Lessee. Lessee brings Ejectment, and Judgment for Lessee. Per Cur. this Lease may be affirmed by acceptance, and such a Forfeiture shall not bind an Infant, 8 Rep. 44. Noy 92.

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