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Suburbs. The Customs and Orders | 98 |
Suburbs. The Customs and Orders
same Act or Acts so being done, shall not prejudice or be hurtful unto the next
Person
or Persons to whom the said Customary Lands or Tenements should or ought to
remain, revert, or come, nor to the said Wife or her Heirs, not being Party in
Court, or
consenting in Court to the said Act or Forfeiture. Nor that the Lord of the
said
Manours, or of either of them, shall take any longer Advantage, Issues, or
Profits of
the same Copyhold Lands or Tenements, then during the Time of such Estates as
aforesaid, of the Party committing, doing, or assenting to such Act or Acts. So
that
after his or their Decease, or Estates determined, the said Lands and Tenements
shall
remain, revert, or come to the next Person or Persons, or to such Person or
Persons to
whom the same should have come or remained, or go or revert immediately after
such
Estate or Estates ended or determined; as tho' there had been no such Act or
Acts done,
contrary to the Tenor or true meaning of these Presents, by any such Person or
Persons.
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Concerning the Wife and her Heirs.
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Private Acts of Tenants, hurt not the Customs of the rest.
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ITem, The particular or private Act or Acts of any
Customary Tenant or Tenants of any of the said Manours, which shall happen to be
done by, or between them, or any of them, and the Lord or Lords of the said
Manours,
or either of them, and his or their Reeve, or of either of them, contrary to the
Articles
and true Meaning of these Presents, neither doth nor shall extend to be
construed to be a
Breach of the ancient Customs of the said Manours, or of either of them, to the
Hurt or
Prejudice of the rest of the Customary Tenants, but of themselves only, doing
the said
particular Act.
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Tenant for Life or Years, making waste, shall be fined by the Homage.
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ITem, That if any Tenant for Term of Life, or Lives only,
or for Term of Years of Customary Lands, shall make any waste, then he shall be
fined
by the Homage; the third Part of which Fine shall be to the Lord, and the other
two
Parts shall come to him in the Reversion or Remainder of the said Copyhold.
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The Lord may distrain, but not seize.
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ITem, The Lord, for non-Payment of Amerciaments, may
distrain his said Tenants, Parties to these Presents, and avow for the same as
for Rents:
But he cannot seize any of his or their Customary Lands or Tenements, Parties to
these
Presents, for non-Payment thereof, until he be payed.
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How Partition is to be made between Co-heirs, Joint-Tenants, or Tenants in
common.
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ITem, Upon the Admission of any Co-heirs, Joint-
Tenants, or Tenants in common, if they cannot agree to occupy their Lands and
Tenements, or to make Partition among themselves: then he or they that be
grieved,
may (by the Custom of either of the said Manours) have a Precept from the
Steward,
directed to seven Customary Tenants, or more, of the said Manours within which
the
said Lands and Tenements do lie: And they shall make Partition thereof, and the
same
Return to
the Steward of the said Manours again, to be enrolled in the Court Rolls of the
said
Manours, whereof the said Lands or Tenements be holden. Whereupon the said
Heirs
shall go to the Steward of the said Manour, within which the said Lands or
Tenements
shall lie: and then elect and chuse their Parts in form following:
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That is to say, The youngest Son to chuse first, and then he that is next to the
youngest
to chuse next, and so after that rate unto the eldest (how many soever) which
Eldest
shall chuse last. And likewise the same Order is to be observed amongst
Daughters, if
there be no Sons, and amongst all other Degrees of Heirs, touching the Customary
Lands and Tenements holden of the said Manours, or either of them. And upon
every
such Partition, they shall pay for a Fine to the Lord, two Shillings and six
Pence, or
less, at the Discretion of the Steward, according to the Quantity of the Lands
or
Tenements so parted between Tenants in common and Joint-Tenants; for the like
Fine
the said Division to be by the said Tenants, without Election of the Parties
themselves,
but by casting of Lots, if they cannot otherwise agree.
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The Manner of electing and chusing their Parts, either in Sons or Daughters.
Fine upon every such Partition.
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Copyholders shall pay but a Peny for Poundage.
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ITem, If any Customary or free Tenants Cattel, or the
Cattel of their Farmers, be brought to the Lords Pound, the said Tenant, or his
Farmer
shall pay for all his Cattel (if they be a hundred Heads, or upward or under)
for the
Poundage thereof, but one Peny. And he that is no Tenant, shall pay for every
Distress
of Cattel so pounded, four Pence.
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Cattel impounded to be delivered by two Copyholders.
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ITem, If any Cattel be impounded within the Lords Pound,
by any Person or Persons, being a Customary Tenant or Tenants of the said
Manours,
or of either of them, for any Trespass committed or done within the said
Manours, or in
either of them, upon their Copyholds: that all such Cattel being so impounded,
may by
two of the said Customary Tenants, of such of the said Manours, or of either of
them,
wherein the said Trespass shall be committed, which will answer for such Damages
and
Costs as shall be recovered in the said Court, against the Owners of the same
Cattel for
the said Trespass, be delivered out of the said Pound, unto the Owner of the
said Cattel,
by the Custom of the same Manours, and of either of them.
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No Suits for Title of Copyholds out of the Lords Court, without Licence.
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ITem, No Customary Tenant shall sue, vex, or trouble any
other Customary Tenant, for any Title of Lands or Tenements, lying and being
within
the said Manours, or in either of them, being Copyhold Lands or Tenements of the
said
Manours, or of either of them, out of the Lords Court, without the special
Licence first
had and obtained of the Lord of the said Manours, or of either of them, or of
his
Steward for the time being. If any Person do the contrary, he shall have his
Lands or
Tenements seized into the Lords Hands, until he pay a Fine to the Lord for the
same
Offence, viz. such Fine as shall be ceassed by the Homage at the next general
Court of
the said Manour.
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