coke Report25a kite and QUEINTONS case pasch Elizabeth in the king bench SC  cite send for   Cop p S Supp   Cop S S ld raym Cowp t r east pale yellow ten  Watk Copy two Watk Desc sheep touch Cru dig press stand at a distance Sugd  vend that edit vin Abr copyhold n a pl u a pl W a pl I z a pl f b pl I b pl Q  b pl d pl maintenance e pl release I pl surrender c pl Com dig copyhold f I n  maintenance a Bac Abr copyhold g maintenance e see the note and reference  infra a surrender out of court upon condition have be present without the  condition and the surrendee be dead the steward admit the heir to who the  surrender release by deed hold saint that the presentment of the surrender be  void by if the presentment have be true make and the steward on enter it have  omit e condition and upon proof thereof the roll may have be amend the release  be good and extinguish the right of the copyholder because the releasee be  admit and be tenant in possession so that release of the customary right may  enure to he and he be in by title sure by the lord admission but a copyholder  can release to one who ousts he by wrong for he gain no customary estate upon  which a release may enure and it will be a prejudice to the lord in respect of  his fine and service copyhold be within the h c as to buy pretend title the  case be a a copyholder in fee of the manor of the dean and chapter of  Westminster call Launton in the county of Oxford surrender his copyhold land  out of court by the hand of certain copyhold tenant accord to the custom of  the manor to the use of another and his heir upon certain condition and after  cion Owen latch palm who may take advantage of a forfeiture of copyhold and at  what time see post   b Watk Cop Cru dig Bac Abr copyhold l vin Abr copyhold t  c u c Com dig copyhold m what dispense with a forfeiture   Cop S pale yellow  ten do v hellier t r Watk Cop Cru dig coin dig copyhold m and as to relief in  equity Ves stram Thomas v porter Ch can Nash v earl of Derby vern Cudmore v  raven vern tailor v hoe tooth Cox v Higford I ab Eq Peachey v Somerset Prec Oh  ab Eq Inst a I Watk Cop Cru dig mad Ch and edit that the lord may enter for  waste by a copyholder for life notwithstanding a intermediate estate in  remainder between his estate and the lord reversion do d folk v clement maul  and S and the lord be entitle to a injunction and account against a copyholder  commit waste for the forfeiture may often be a very inadequate remedy Richard  v noble Meriv Appx ED l SC S p cite send for pale yellow ten vin Abr copyhold  I pl ED m Acc pale yellow ten Watk Cop vin Abr copyhold S pl Com dig copyhold  b Bac Abr copyhold king see ante p a Q ED a   light a see the reference above  coke report a er p at the next court a the surrender be present but in the  presentment the b condition be omit and he to who use the surrender be make be  c dead the lord by the steward accord to the custom admit his daughter and  heir who enter he who make the surrender by his deed release to the daughter  be in possession and afterward enter upon they and if his entry be lawful or  not be the question and it be adjudge that his entry be not lawful and in this  case two point be resolve saint that the presentment of the say surrender be d  void for the surrender out of court ought by the custom of the manor to be  present in court but forasmuch as the surrender be upon condition and the  presentment be of a absolute surrender the surrender which the copyholder make  be not present b but if the truth of the case be that the surrender a when a  surrender be make out of court by the hand of any who can thereupon make a  admittance as the tenant bailiff or reeve or any other person than the lord or  steward the surrender must be present in court in order to inform the lord or  steward that such surrender be take   Cop S but as presentment be only for the  information of the lord to give he notice of the surrender pale yellow ten it  seem that no presentment be requisite when the surrender be make to the lord  or steward and admission immediate follow Watk pale yellow ten but if the  surrender be take out of court by the lord or steward personal and no  immediate admission be make it shall be so certify on admittance be request at  a future time and even if admittance be immediate make by the lord or steward  take such surrender yet it shall be certify at the next court day for the  information of the tenant and it must be regular enter on the court roll of  the manor Watk pale yellow ten Watk Copy by special custom however a surrender  may be present at any subsequent court   Cop S more v more Ves and although  the surrender if it be not certify within the time prescribe by the custom  will be void at law yet the want of presentment will under certain  circumstance be aid in equity thus a surrender upon valuable consideration if  it be not present in time shall be aid against a voluntary disposition to  another Cas in Ch and see tailor v Wheeler salk vern Jennings v more vern ED b  roll pale yellow ten vin Abr copyhold W a pl Com dig copyhold f Bac Abr  copyhold g c post b Bridgm pale yellow ten Com dig copyhold Bac Abr copyhold g    Cop d roll   Cop pale yellow ten vin Abr copyhold W a pl f b pl Com dig  copyhold f Bac Abr copyhold g b Lord Ch b Gilbert observe that this doctrine  of Lord coke that presentment of surrender ought in all material point to  answer and agree with the surrender themselves else the surrender presentment  and admittance thereupon will be void seem reasonable for if the presentment  in matter differ from the surrender the lord have no sufficient notice of the  surrender and then the admittance of it in reason must be have and not help  out the presentment for if the lord know the true surrender perhaps he will  never consent to such a surrender and the true surrender ought to be know that  the lord may know his tenant and from who to take his service the admittance  can help out for that be ground upon the presentment but if the lord have  notice of the true surrender though the presentment do differ yet it seem  reasonable the admittance shall enure accord to the surrender because he have  notice of the true surrender and when a man be admit he be in by the surrender  where it be say that if the presentment differ in point material from the  surrender that there the admittance presentment and surrender be all void it  seem this must be understand if the time for present the surrender be pass for  if there shall be a presentment and admittance make contrary to the surrender  this will not make the surrender void before the utmost time allow by law for  the surrender be present for it be no reason to say that because the  presentment be void that therefore the surrender be void for the surrender  depend not on the presentment though it may be void because not present but  not because ill present so that if after such illpresentment and admittance  there coke report b er p conditional be present and the e steward in enter  thereof omit the condition yet upon good proof thereof the surrender shall not  be avoid but the coke Report25b roll shall be a mend c for the roll shall not  b conclude in such case the party either to plead or give in evidence the  truth of the matter d the second question and the great doubt be if by the say  release by deed thecustomary right of the copyholder be extinct and he who  make the surrender bar of his right and it be object that Littleton fol b say  that a copyholder can alien his land by c deed but if he will alien he ought  accord to the custom c to surrender c and he say that such tenant be call  tenant by copy because they have no other evidence concern their tenement but  the copy of the courtrolls and it be say that that exclude all release by deed  for then they will have other evidence than the courtrolls also it be say that  he who purchase the land may upon search the roll be advice if the title of  the land be good e but if a release by deed shall extinguish right then it  will be very dangerous to purchaser for that do not appear in the roll to  which it be answer and resolve that the d release in the case at bar  extinguish the right of the copy holder and their reason be because be to who  the release be make be admit to the tenement and copyholder in possession f so  that a release of the customary shall be a good presentment and admittance it  seem the surrender and all other act will stand good ten see also   Cop S Tr  Bl Com I Watk Cop ED e roll pale yellow ten Watk Copy vin Abr copyhold W a pl  Com dig copyhold I infra n c a roll see n c infra c S p   Cop S winter v  Jeringham dyer b pale yellow ten Watk Cop vin Abr copyhold W a pl Com dig  copyhold Bac Abr copyhold g and though the admission be absolute yet the  surrendee shall be subject to the condition for when admit he be in by the  surrender and the lord can vary his estate   post b burr burr ED b roll see n  d infra d Acc hill and ux v Wiggott vern pale yellow ten Watk Cop vin Abr  copyhold W a pl Com dig copyhold I Bac Abr copyhold g so the misentry of the  date of the court shall not prejudice the copyholder but he may give in  evidence the truth of the matter and shall not be bind by the roll Leon ED c  light sect   light b a r Cru dig e the court roll be the title deed of  copyhold and a purchaser be affect with notice of the content as far back as a  search be necessary for the security of the title pierce v Newlyn mad Rep and  see press stand at a distance ED d Cr James   light a a Leon roll above n e f  SC S p cite send for supply   Cop S S Bight v Bawden east do d milner v  Brightwen east pale yellow ten Watk Cop Cru dig Watk Desc press stand at a  distance vin Abr copyhold n a pl z a pl I b pl Q b pl release I pl surrender c  pl Com dig copyhold I Bac Abr copyhold g so in Inst a I it be lie down that  though a copyholder can alien by deed yet he that have a right only to a  copyhold may by deed or copy release to one that be admit tenant de facto but  he can release to one who ousts he by wrong for be gain no customary estate  upon which the release of the customary right may enure infra though if the  lord admit he who have oust the copyholder accord to the custom a release by  the person oust will extinguish his right   Cop S a release in fee however to  one who be admit for year will not enlarge his estate for no man can come to  the fee of a copyhold without surrender and admittance by the lord   Cop the  proper way will be to surrender the reversion to the lord and he to grant it  over to the lessee but if a copyholder surrender upon condition he may  afterward release the condition by deed cro James and one of several  jointtenants or it shall seem coparceners of a copyhold may pass his estate by  coke report a er p right may enure to he and therefore the lord be not a any  prejudice for he have have his fine upon admittance and he to who the release  be make be in by title sure by the lord admittance and so the release enures  by way of extinguishment but if a copyholder be e oust by one by tort there  his release by deed to the seize or other wonder doer do not transfer his  right nor bar he for two reason because he have no customary estate upon which  the release of the customary right can enure it will be to the lord prejudice  for thereby he will lose his fine and service and for these reason the release  by deed in such case be utter void g and this be not against any thing  Littleton say for Littleton speak of a alienation by f surrender and that of  necessity ought to be into the lord hand accord to the custom but the release  in the case at bar can not be make to the lord but to the copyhold tenant in  possession also be who claim a copyhold estate by surrender have no other  evidence but copy and so be Littleton word to be intend but be who claim  extinguishment of a right may have it by release by deed so the resolution in  Murrels case before well agree with the judgement in this ease upon the  difference aforesaid in transfer of a estate and extinguish of a right and a  to the danger of purchaser it be say that there be not any danger for if the  copyholder who be in possession sell it be will show the purchaser the release  make to he and he who be out of a possession ought not to sell it until he  have regain the possession and ill any one will purchase any title he be not  to be favour but in such case caveat emptor h and yet he who have make such  release may and ought to acquaint the purchaser with that which he himself  have do and so no mischief and Wray chief justice in this case say that if one  who have a pretend right or title a to copyhold land bargain and sell it to  another it be within the statute of h cap for the statute say if any bargain  buy or sell c any right or title in or to any land or tenement so that these  word any right or title extend to all manner of right or title et per  subsequent to copyhold land I and great part of the land of the kingdom be in  grant by copy and therefore the intent of the maker of the Act be to include  it for avoid of suit maintenance and champerty and not to leave all copyhold  estate to the mischief mention in the preamble of the say Act and especial  when a b lease for year have be adjudge d in partridge and croker case blow c  Com c to be within the say Act release to his companion for the first  admittance be of they and every of they and the ability to release arise from  the first admittance wase v petty win Inst a I and the tenant may release his  right to the lord or the lord to the tenant hut pale yellow ten press stand at  a distance but one tenant in common can release to the other ib see further as  to the effect of a release of a copyhold Watk Cop Cru dig press stand at a  distance vin Abr copyhold z a Com dig copyhold Bac Abr copyhold g ED e Leon  see n f above g Acc ld raym east pale yellow ten Cru dig Watk Desc vin Abr  copyhold z a pl Com dig copyhold g Bac Abr copyhold g sup n e ED f light sect    light b a ante b Cru dig ante p b n f skin h as to this rule see ante two p  a n e ED a   light b Cr car see n I infra I S p Brownl Cowp pale yellow ten  Watk Cop Sugd vend vin Abr copyhold d pl maintenance c pl Com dig copyhold n  maintenance a Bac Abr maintenance e as to the construction of the statute h c  see id ibidem Inst three as to what statute extend to copyhold in general ante    a p and the note there Watk Cop ED b die pl Plowd b c more Leon say a c  Goldsb die pl c Plowd c coke report a er p