certain lands by the terms of Terra de Gower "and Dominium de Terræ de Gower," included the sea coast down to low water mark. Parke, B., was of opinion, that all ancient documents, where a question arises as to what passed by a particular grant, can be explained by evidence of modern usage (k).

Acts of ownership, exercised by the lord of a manor upon the sea-shore adjoining between high and low water mark-such as the exclusive taking of sand, stones and seaweed-may be called in aid to show that the shore is parcel of the manor, where an ancient grant under which the manor appears to have been held, and which professes to grant the manor with "wreck of the sea," "several fishery" and other rights of an extensive description, does not expressly purport to convey "littus maris” (1).

Lands formed by alluvion, that is, by gradual and imperceptible deposit on the shore of the sea, belong to the owners of the adjoining demesne lands, and not to the king jure coronæ (m). Where the lord of a manor acquired a piece of land which had been formed by oose and soil deposited by the sea upon the extremity of his demesne lands, and it appeared that the increase could not be observed when actually going on, although a visible increase took place every year; and in the course of fifty years a large piece of land had been thus formed; and upon an inquest, finding that the land had been left by the sea, and an issue taken upon a traverse to that finding, the verdict was for the defendant, it was held that the crown was not entitled to judgment (n).

(k) Duke of Beaufort v. Mayor, &c. of Swansea, 3 Exch. 413. (1) Calmudy v. Rowe, 6 C. B. 861.

(m) Rex v. Lord Yarborough, 2 Bligh, N. S. 147; 1 Dow. N. S. 178; 5 Bing. 163; 7 D. & R. 790; 3 B. & C. 91.

(n) Ibid.; see Scratton v. Brown, 4 B. & C. 485.

Capacity of lords of manors to

make grants.

If the sea, or an arm of the sea, by gradual and imperceptible progress encroach upon the land of the subject, the land thereby covered with water belongs to the crown (o).

5. Of Grants of Copyholds.

In voluntary grants made by the lord himself, the law neither respects the quality of his person nor the quantity of his estate; for although he be an infant, or an idiot or a lunatic, or an outlaw in any personal action, yet he is capable enough to make a voluntary grant by copy. If a married woman, being lady of a manor, join with her husband in a voluntary grant by copy, this shall bind her and her heirs, because the custom of the manor is the chief basis upon which the copy hold estate stands; and therefore what custom doth confirm to a copyholder the law will ever allow, and never seek to avoid it in respect of any such imperfection in the grantors' persons. The quantity of the lord's estate is no more respected than the quality of his person; for if his interest be lawful, as in fee, or in tail or dower, or as tenant by curtesy, for life or for years, as guardian, or as tenant by statute, or as tenant by elegit, or at will, the least of these estates is a sufficient warrant to the lord to grant any copyhold escheated unto him for as long time as the custom allows, the ancient rents and services being truly reserved; and these grants shall ever bind them that have the inheritance of the manor. The reason of the law is this:-A copyholder, upon voluntary grants made by copy, doth not derive his estate out of the lord's estate only, for then the copyholder's estate would cease on the determination of the lord's interest;

(0) Re Hull and Selby Railway, 5 Mees. & W. 327.

nam cessante primitivo, cessat derivativus: but the life of the copyholder's estate is the custom of the manor; and therefore if the lord's interest in his manor be determined either by death or by forfeiture or other means, yet if the lord were legitimus dominus pro tempore, how small soever his estate was, that is enough (p).

A bishop's grant of customary lands by copy does not determine on his death, and such a grant will bind the crown on the temporalties coming into the hands of the crown (q). Bishops and other ecclesiastical persons or corporations are not restrained by the stat. 1 Eliz. c. 19, or 13 Eliz. c. 10, from granting copyhold lands in fee, in tail, for lives or years, according to the custom of the manor; and such grants, though made by a corporation sole, do not require confirmation (r). A parson having a manor parcel of his glebe lands, although instituted, cannot grant lands by copy until he has been inducted (s).

Any person having a tortious or defeasible estate of inheritance, as a disseisor, or the feoffee of a disseisor, or tenant at sufferance, cannot make grants upon escheats or forfeitures which will bind the rightful owner, because they were not lords within the meaning of the custom (t). If a man seised of a manor in right of his wife aliens the manor, any grant of copyhold estates made after his death may be avoided by the wife. Grants made by copy after the determination of the grantor's interest in the manor are void, as if a tenant for life leases a manor for years and dies,

(p) Co. Cop. s. 34, Tr. 67-69; 4 Rep. 23b; 1 Watk. Cop. 30-32, 4th ed.

(q) 4 Rep. 21 b.

(r) See Grant on Corp. 650.

(s) Co. Cop. s. 34, Tr. 75; Gilb. Ten. 263, 5th ed.

(t) Co. Litt. 58 b; 4 Rep. 24a; 1 Watk. Cop. 24, 4th ed.; Co. Cop. s. 34, Tr. 72, 73.

Grants by lords having

rest in ma

nor.

copyhold estates granted by the lessee after the death of the tenant for life may be avoided (u).

A lord of a manor seised in fee may authorize his executors to grant copyholds according to the custom for payment of his debts, and grants made by executors in pursuance of such power will be good, although they had no estate in the manor (x).

The lord having only a particular interest in the limited inte- manor as tenant for life, may grant by copy for an estate, which may continue longer than his own estate in the manor, or for an estate in reversion, if warranted by the custom, which may not come into possession during the existence of his own estate (y). Thus, tenant in dower of a copyhold may grant, not only in possession, but also in reversion, and it shall bind the heir after her death, although no services of the freeholders, but only the demesnes and services of the copyhold tenants, were assigned to her (z). The special principle on which the grants of a lord pro tempore stand good after his estate has ceased, is, that the grantee's estate is not derived out of the lord's only, but stands on the custom (a). Hence,

also, it follows that the estate granted to be held by copy will not be subject to the charges and incumberances which the lord of the manor may have created (b). But as it is the custom which renders such grants valid, it necessarily follows that the custom must be observed. It would be a contradiction in terms to say that an estate stands on a custom which in any substantial particular does not comply with and is not (u) Co. Cop. s. 34, Tr. 73, 74.

(x) Co. Litt. 58 b; Co. Cop. s. 34, Tr. 72, 73; 4 Rep. 24a; Gilb. Ten. 262, 5th ed.

(y) Carew's case, Moor, 147; Gilb. Ten. 263, 5th ed.; March, 8; Lex Man. 93, 2nd ed.

(2) Gray v. Kay, Cro. Eliz. 661.

(a) Co. Cop. ss. 34, 41, Tr. 69, 90.

(b) 1 Watk. Cop. 64, 4th ed.

warranted by the custom (c). The reason why tenant in dower or a particular tenant may grant a copyhold in reversion, as well as in possession, is the custom, and thereby the grant is warranted; and therefore there is not any difference in either of the cases; but one who hath a particular estate in a manor cannot grant a copyhold by parcels, or demise part and retain the residue himself (d).

A lord, having only a temporary estate in his manor, may make grants of copyhold to endure after the determination of his own interest; but such grants must conform strictly to the custom of the manor, and can neither add to nor diminish the ancient rent. Therefore, where a rector, being lord in right of his rectory, granted lands which, until that time, had been held at the rent of 10s. and two hens, habendum to A., B., and C., for their lives successively and that of the survivor, at the will of the lord, according to the custom of the manor, at the above rent, reserving to the lord for the time being a garden, parcel of the said lands; and the succeeding rector afterwards, and while the said life estates were subsisting, made a grant of the garden to D., E., and F., for the like term of lives, at the will, &c., according to the custom, &c., at the yearly rent of 2s.; and not sufficient proof was given of any custom in the manor so to parcel copyholds and apportion rents: it was held that the latter grant was void (e). Power is now given to lords to grant licences to tenants to alienate their ancient tenements in portions where by the custom of

(c) Doe d. Rayer v. Strickland, 2 Q. B. 810.

(d) Gay v. Kay, Cro. Eliz. 661; cited per Denman, C. J., 2 Q. B. 811.

(e) Doe d. Rayer v. Strickland, 2 Q. B. 792; 2 Gale & D. 278. See Doe d. Strickland v. Woodward, 17 Law J., Exch. 1.