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Acceffary. See Efcheat, Heir. Account, lies not for an Heir Copyholder for the Profits of his Copyhold Lands, taken during his Nonage, where the Defendant hath not entred and taken the Profits, as Prochein Amy, but claims by Custom and Grant of the Lord, to the Ufe of the Affignee, which Custom is good. 1 Leon. p. 266. n. 356. Anonymus.

Acknowledgment, all Freeholders must make Recognition or Acknowledgment, for their Freehold Lands.

Acknowledgment of the Tenant.

You

U A. B. do acknowledge to hold of the Lord of this Manor (by Fealty, Suit of Court, and the yearly Rent of 5 s.) one Messuage, &c. which you claim by Right of Inheritance, as Son and Heir of C. B. your Father deceafed.

Then let him fwear Fealty. See Fealty, Prefentment.

In Acknowledgments or Recognitions, the Tenant pays the Lord Relief; but otherwife on Purchafe. See Relief.

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Acknowledgment of Satisfaction on a conditional Surrender.

The Manor of Glatton View of Frankpledge with the

with Holm in the Coun-<

ty of Huntingdon.

W

Court-Baron, of J. C. Efq; held at Glatton, in and for the Manor aforefaid, the 5th Day of April, 1733. before me G. B. Gen. Steward thereof.

7Hereas at a View of Frankpledge and CourtBaron held in and for the Manor aforefaid, the 28th Day of April, 1732. it was prefented by the Jury of Homage, That John P. a Cuftomary Tenant of the faid Manor, the 16th Day of February, 1731. Jurrender'd by Rod, into the Hands of the Lord of the Manor aforefaid, by the Hands and Acceptance of William T. and James A. two like Customary Tenants of the faid Manor, all that Meffuage or Cottage-houfe, and Homestead thereunto adjoining, fituate, lying and being in the Manor aforesaid, and now in the Tenure or Occupation of Richard D. with all other the Buildings and Outhoufes, with the Appurtenances thereunto belonging, and the Reverfion and Reverfions, Remainder and Remainders thereof, To the Ufe and Behoof of James C. Gent. his Heirs and Affigns for ever, according to the Custom of the Manor aforefaid: Provided always neverthelefs, and upon this Condition, That if the faid John P. his Heirs, Executors or Administrators, do and shall well and truly pay, or caufe to be paid, unto the faid James C. his Executors, Adminiftrators or Affigns, the full and juft

Sum

Sum of 401. of lawful Money of Great Britain, with lawful Intereft for the fame, on or before the 10th Day of February, 1732. then this Surrender to be void, otherwife to be in full Force and Effect. Now to this Court came the aforefaid James C. in his own proper Perfon, and in full Court, and acknowledged to have received full Satisfaction, according to the Form and Effect of the Surrender aforefaid.

Acknowledgment in Court of a Legacy

paid.

C. in full Court acknowledged himself Jatisfied, and fully paid by C. C. his Brother, the Legacy of 201. (left the faid B. C. by the last Will and Teftament of his Father) according to the Form, Effect and true Intention of the Said last Will and Teftament of bis faid Father.

Acknowledgment by the Lord that the Copyhold is infranchised.

Tthis Court, the Lord of the Manor aforesaid, by his Steward aforefaid, acknowledged that one Meffuage or Tenement, with one Field of Pafture, called, &c. containing by Eftimation 20 Acres, be the fame more or lefs, and now in the Tenure or Occupation of William M. and by him held of the Lord of this Manor, by Copy of Court-Koll, and by Rod, to the Will of the Lord according to the Custom of this Manor, by the yearly Rent of 8 s. and other Services, was infranchifed by the Lord of the Manor aforefaid, and the Reverfion thereof was given and granted to Tho. D. Efq. Son and Heir Apparent of Richard D. Knt. his Heirs and Affigns for ever. See Infranchisement B 3

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A, any Act to imply the Confent of the Lord, to the Surrender, fhall be a good Admittance; as if the Lord meet A. B. and faith to him, fuch a Surrender is made to your Ufe, to which I agree or confent; this Saying amounts to a good Admittance. 3 Bulft. 230. Elkin's Cafe.

When a Copyholder acts as Owner, not warranted by Cuftom, it determines his Eftate, as in Cafe of a Tenant at Will for Wafte, &c. 5 Rep. 13. Ive's Cafe.

The Lord of a Manor lets Fines for Admittance, and Copyhold Rents be in Arrear, and then fells the Manor; he is without Remedy, both in Law and Equity, for he hath deprived himself of the Remedy by his own A&t, viz. the Sale thereof. 1 Roll. Abr. 374.

See Baron-Court.

Aa of Parliament, the general Words of an Act of Parliament, which are neither prejudicial to the Lords of Manors, nor to their Tenants, who hold by Copy of Court-Roll, do extend to Copyhold Eftates; but where the Tenure or Intereft of the Eftate is altered by fuch (a) general Words, or where they import any Thing to the Prejudice of the Lord, either in Relation to the Customs of the Manor or otherwise, in fuch Cafe the general Words do not extend to Copyholds.

Axion, in all real Actions which concern Lands, the Lord or his Steward is Judge; but in Actions under 40 s. the Suitors are Judges. Sheppard's Court-Keeper's Guide, p. 77.

Where by the Cuftom, Plaints have been made in the Court of the Manor, in the Nature of real Actions; if such a Recovery be against Tenant in Tail

(4) Hardr. Rep. 433. 3 Rep. Heydon's Cafe, fo. 7.

Tail Copyholder, this fhall be a Difcontinuance, and fhall take away the Entry of the Heir in Tail, for they are warranted by Cuftom, and it is an Incident that the Law amounteth to the faid Custom, that fuch Recovery fhall make a Difcontinuance. 4 Rep. 23. Deal and Rigden.

Action of Debt doth not lie for Arrears of Copyhold Rent, but only Rents of Freehold, and the Statute 32 H. 8. extends not to them. Telv. 135.

If a Stranger cut a Tree, the Lord fhall have one Action, and the Copyholder another, and each shall recover Damage according to his Intereft. I Leon. 272.

Copyholder doing and paying the Customs and Services, if he be ejected by the Lord, he fhall have an Action of Trespass against him. Co. Lit. 60. b. 61. a. 4 Rep. 22. a.

It was refolved in Gallaway's Cafe, 26 El. The Party that made the Surrender may have an Action of the Case against the Lord, for not holding his Court, and admitting him to whofe Ufe the Surrender was made, but Ceftui que ufe cannot.

Action fhall be brought in a Lunatick Copyholder's Name; for tho' the Cuftody of the Land was granted to one by the Lord, yet no Interest was gained thereby, and the Lord hath not Power over the Lunatick's Land without special Custom for that Purpose. Hob. 215, 216. Cocks against Darfon.

Upon a Motion for an Attachment against the Steward of a Court-Baron, for splitting Actions, and fo to bring them within the Jurifdiction of that Court, in Order to obstruct the Proceedings for the fame in the Courts of Common Law; a Prohibition was granted, and the Steward to ftand committed

B 4

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