barker against denham mich car banc Reg Trin car rot special verdict in a  ejection strong Barker bring a ejection strong against Denham and upon not  guilty plead a issue be join and thereupon a special verdict be find that by  the custom of the manor whereof the land in question be hold a copyholder may  surrender his copyhold out of court into the hand of two customary tenant to  the use of another and at the next court the party to who use the copyhold be  so surrender use to be admit and that there be such a surrender make here but  that the party to who use the copyhold be so surrender die before the next  court and style report er p style report so be not admit the question be  whether he die before his admittance shall be say to be a copyholder by the  custom of the manor or no hale argue that he be not a copyholder within the  custom and then if this custom binder not the land shall descend accord to the  rule of the commonlaw for so be it of all copy hold land if a special custom  hinder not and here the word of the custom be to be consider and that how they  be to be expound and for this he cite e f e e f a custom shall be construe  accord to the common apprehension of the lie gens and a custom shall be  interpret accord to the most effectual operation of the law h Doct and Stud h  f ass h dyer a denial actual by a copyholder to pay his rend be a forfeiture  not a implicative denial lib intrat f and by a surrender of a copyhold before  admittance the surrendere have no real possession and the heir of a copyholder  before his admittance hold by the copy of his ancestor and so he have title  but the surrendee can have no title before admittance and he cite Rawlins and  Jones his case and Spurlins case a surrender before admittance be but a  consent of the party to part with the estate but passes it not and after  administration it shall have no relation to the surrender Twisden for the  defendant he agree that a copyholder before admittance be not perfect in his  estate but yet the admittance shall relate to the surrender and both shall be  account one entire act contrary to other learning that the son be in by  descent and the descent must be rule by the custom and he be now real a  copyholder and cite Shellyes case and pray judgement for the defendant roll  chief justice say this case differ from surrender into the hand of tenant for  it be into the hand of the steward out of court which be good and the lord  acceptance of his rend be a admission but Bacon doubt and therefore the rule  be for the case to be argue again the next term and then by reason of sickness  I be absent but that term hold not by reason of the king death