years or

nances, to hold the same unto the said A. H., now aged thereabouts, A. B., now aged years or thereabouts, and C. D., now aged years or thereabouts, for the term of their lives, and the life of the longest liver of them successively, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, and the ancient annual rent or rents and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said A. H. is acknowledged to have taken such reversionary estate as aforesaid, and he paid, as a fine for the same, the sum of £and his fealty is respited until &c.

(Surrender by G. H., (the purchaser and only remaining life,) and regrant to N. O., a mortgagee, his executors, &c., for the life of the said G. H., and admittance of the said N. O.)

(10. a). At this court comes G. H., who holds the customary or copyhold hereditaments hereinafter described for the term of his life, and in consideration of the sum of £— of lawful money &c., to him the said G. H. in hand well and truly paid by N. O. of &c., in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All &c., with the appurtenances; and all the estate and interest of the said G. H. therein and thereto, to the intent that the lord may re-grant the same premises to the said N. O., his executors, administrators and assigns, for the term of the life of the said G. H., according to the custom of this manor, subject nevertheless to and upon this express condition, that if the said G. H., his heirs, executors or administrators, do and shall well and truly pay, or cause to be paid unto the said N. O., his executors, administrators or assigns, the sum of £, of lawful money aforesaid, on the day of with interest for the same, after the rate of 51. per cent. per annum, computed from the date of this surrender, clear of all taxes and deductions whatsoever, (and being the same principal and interest monies as are mentioned to be secured by the covenant of the said G. H. contained in an indenture bearing even date with this surrender,) then the said N. O., his executors, administrators or assigns, shall forthwith, at the costs and charges of the said G. H., re-surrender the said hereditaments and premises into the hands of the lord, to the intent that he will re-grant the same to the said G. H. for the term of his life.

(10. b). To which said N. O. the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said customary or copyhold hereditaments and premises, with the appurtenances, unto the said N. O., his executors, administrators and assigns, for the term of the life of the said G. H., subject nevertheless to and upon the express condition aforesaid, to be holden of the lord, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said N. O. is admitted

tenant thereof in manner and form aforesaid, and pays to the lord for a fine, on such his admittance, the sum of £---, and his fealty is respited (x).

(Surrender to the lord by A. B., (a copyholder for three lives,) and grant to G. H. a mortgagee, his executors &c., for the same lives, and his admittance) (y).

(11. a). At this court comes A. B., the first life named in a certain grant made of the customary or copyhold hereditaments hereinafter described at a court holden for this manor on the day of and in consideration of the sum of £, of lawful money &c., to the said A. B. in hand well and truly paid by G. H. of &c., in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All &c., with the appurtenances to the same premises belonging or in anywise appertaining, to the intent that the lord may re-grant the same premises to the said G. H., his executors, administrators and assigns, for the term of the lives of the said A. B., C. D., the second life named in the aforesaid grant, and E. F., the third life named in the same grant, and the life of the longest liver of them, according to the custom of this manor, upon this condition, nevertheless, that if the said A. B., his heirs, executors or administrators, do and shall well and truly pay, or cause to be paid, unto the said G. H., his executors, administrators or assigns, the full sum of £-- of lawful money aforesaid, with interest for the same, after the rate of 51. per cent. per annum, computed from the date of this surrender, clear of all taxes and deductions whatsoever, (and being the same principal and interest monies as are mentioned to be secured by the covenant of the said A. B. contained in an indenture bearing even date with this surrender,) then the said G. H., his executors, administrators or assigns, shall forthwith, at the costs and charges of the said A. B., his executors, administrators or assigns, re-surrender the said hereditaments and premises, with the appurtenances, into the hands of the lord of this manor, to the intent that he will re-grant the same premises to the said

(r) In this surrender the author has presumed that G. H., I. K., and L. M., were equal purchasers, so that G. H. could not give a security beyond his own life.

As the surrender to the lord operates as a merger of the copyhold interest, the author submits that the mortgagee should always be admitted, when the mortgage is of a copyhold for lives, and the legal interest is made the subject of transfer :it is true that the lord would be intitled to a heriot on the death of the mortgagee, ante, pt. 1, p. 377, but it is the same in mortgages of heriotable copyholds of inheritance, when the surrenderee is ad

mitted.

And as the whole interest passes out of the copyholder, and vests in the lord, in a mortgage of copyholds for lives, the author would also submit, that a release of the equity of redemption is more properly the subject of a common law assurance, than of a surrender in the court of the lord.

(y) The author has here presumed that A. B. was the sole purchaser, and by the custom, as the first cestuy que vie named in the copy, could destroy the whole estate created by it. Sup. n. (ƒ).

A. B., C. D., and E. F., for the term of their lives, and the life of the longest liver of them successively.

(11. b). To which said G. H. the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said customary or copyhold hereditaments and premises, with the appurtenances, unto the said G. H., his executors, administrators and assigns, for the term of the lives of the said A. B., C. D., and E. F., and the life of the longest liver of them, subject nevertheless to and upon the express condition aforesaid, to be holden of the lord, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said G. H. is admitted tenant thereof, in manner and form aforesaid, and pays to the lord for a fine, on such his admittance, the sum of £---, and his fealty is respited.

(Presentment of conditional surrender, by way of mortgage, from A. B.

(a copyholder for three lives) to G. H. his executors, &c.) (z).

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(12). At this court it is presented by the homage, that A. B., who some time since purchased the customary or copyhold hereditaments hereinafter described for the term of the lives of him the said A. B., C. D. of &c., and E. F. of &c., and the life of the longest liver of them successively, and took a grant thereof from the lord of the said manor accordingly, on the- day of now last past came before the said steward, and in consideration of the sum of £- of lawful money &c., paid to the said A. B. by G. H. of &c., did out of court surrender into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All &c., with the appurtenances to the same premises belonging or appertaining; and all the estate, right, title and interest, of the said A. B. at law or in equity, in, to or out of the same premises, and every part thereof, to the use of the said G. H., his executors, administrators and assigns, for and during the natural lives of the said A. B., C. D., and E. F., and the life of the longest liver of them successively, according to the custom of this manor, subject nevertheless to and upon this express condition, that if the said A. B., his heirs, executors or administrators, did and should well and truly pay, or cause to be paid, unto the said G. H., his executors, administrators or assigns, the sum of £- — —, of lawful money aforesaid, on the day of —, with interest for the same after the rate of 51. per cent. per annum, computed from the date of the said surrender, clear of all taxes and deductions whatsoever, (and being the same principal and interest monies as are mentioned to be secured by the covenant of the said A. B. contained in an

(*) The author has here presumed that A. B. was the sole purchaser, but had no power to destroy the legal estate of the other cestui que vies; so that in case of the ad

mittance of the mortgagee, he would have an equitable lien only on the estate, after the death of A. B.

indenture bearing even date with the said surrender,) then the said surrender was to be void, otherwise to remain in full force and virtue.

(Admittance of G. H. under a forfeited condition, in a surrender of copyholds for lives) (a).

(13.) At this court it is found and presented by the homage, that default was made in payment of the said principal sum of £secured to

R. S. of &c., by a conditional surrender from L. M. of &c., of certain customary or copyhold hereditaments, lying within and holden of this manor, and held by the said L. M. for the natural lives of him the said L. M., B. B. of &c., and C. C. of &c., and the life of the longest liver of them snccessively, which same surrender was presented and inrolled at the last general court held for this manor; and by which default the condition of the said surrender hath become forfeited.

And at this court comes the said R. S., and prays to be admitted to the customary or copyhold hereditaments lying within and holden of this manor, so surrendered to his use as aforesaid, to wit, to All &c., with the appurtenances, to whom the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said customary or copyhold hereditaments and premises, with the appurtenances, unto the said R. S., his executors, administrators, and assigns, for and during the lives of the said L. M., B. B., and C. C., and the life of the longest liver of them successively, to be holden of the lord, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed, and so (saving the right of the lord, and of any person having an equity of redemption in the premises), the said R. S. is admitted tenant thereof in manner and form aforesaid, and pays to the lord for a fine on such his admittance the sum of £-- and his fealty is respited.

(Presentment of warrant to enter satisfaction on conditional surrender of copyholds for lives; surrender by the mortgagee to the lord; and regrant.)

(14. a). At this court the homage present a certain warrant under the hand of C. D. of &c., bearing date the day of, whereby the said C. D. did acknowledge to have received of and from A. B. of &c., all principal and interest monies secured and made payable under and by virtue of a conditional surrender of certain customary or copyhold hereditaments, lying within and holden of this manor, made by the said A. B. at a court held the day of -, [or made out of court on, &c., and inrolled at a general court held, &c.,] and therefore the said C. D. thereby authorized the steward of this manor to enter satisfaction for the same on

(a) This form is framed on the presumption of a forfeiture of a condition, in a surrender similar to the last.

the court rolls thereof, whereupon satisfaction is entered by the said steward accordingly.

(14. b). (b) And afterwards at this same court comes the said C. D., and, in consideration of such payment and satisfaction as aforesaid, in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All &c., with the appurtenances, (to which same premises the said C. D. was admitted, to hold to him, his executors, administrators and assigns, for the lives of the said A. B., E. F. of &c., and G. H. of &c., and the life of the longest liver of them, by virtue of the said conditional surrender at the said court held for this manor on the day of and all the estate, right, and interest whatsoever, of the said C. D. therein or thereto; to the intent that the lord may re-grant the aforesaid customary or copyhold hereditaments and premises to the said A. B., E. F., and G. H., for the term of their lives, and the life of the longest liver of them successively, according to the custom of this manor.

(14. c). To which said A. B., E. F., and G. H., the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with the appurtenances, unto the said A. B., E. F., and G. H., for the term of their lives, and the life of the longest liver of them successively, to be holden of the lord, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed, and so (saving the right of the lord) the said A. B. is admitted thereto, in manner and form aforesaid, and pays to the lord for a fine on such his admittance the sum of of the lord's favour, and his fealty is respited.

(Surrender by A. B. (a copyholder for three lives) to the use of a purchaser, for the same lives, and his admittance) (c).

(15. a). At this court comes A. B., who, at a court holden for this manor on the day of was admitted to the customary or copyhold hereditaments hereinafter described, to hold to him the said A. B., his executors and administrators, [or his heirs, as the custom may be,] for the lives of C. D., E. F., and G. H., and the life of the longest liver of them (d), and, in consideration of the sum of £ of lawful money

(b) The author has here presumed that A. B. was the sole purchaser, and by the custom (as the first cestuy que vie) could destroy the whole estate. Ante, p. 804, n. (i).

The form of re-surrender will be very similar, where the mortgagor (a sole purchaser) has no power, by the custom, to destroy the legal estate of the other cestui que vies. See ante, p. 811, n. (z).

(c) The author has here presumed that A. B. was the sole purchaser, and that a