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12 In convictions it is ill for the wit- Another swore, that defendant said

ness to swear the defendant is guil- “ it was unfortunate for him, that ty generally. The King v. Baker. his servants had taken his cart and 1 Str. 316.

his horses without his knowledge." 13 Perjury being alleged in the in- Defendant declared " he knew noth

dictment to have been committed in ing of his servants having the tea," the time of the late king, and charg- but did not produce any evidence in ed to be against the peace of the proof thereof; nor that the duties new king, is fatal, and renders the chargeable on the tea had been paid indictment insufficient, and a con- or secured. And now, on shewing viction therefore reversed in the cause why conviction should not be House of Lords, and defendant dis- quashed, so much of it as related to eharged therefrom. Rex v. Lookup. the penalty of treble the value of the 3 Burr. 1901.

tea was quashed; but the rest, as 14 Convietion on the stat. 5 G. 3, c. 14, to condemnation of tea, cart and

for preservation of fish quashed, be- horses, adjudged good. Rex v. Hale. cause it should appear thereon, that Cowp. 728. the fishing was without the consent 22 The court, on deciding on the leof the owner. Rex v. Corden. 4 gality of a conviction, cannot take Burr. 2279.

cognizance of

any fact contained in 45 Conviction affirmed after death of the certiorari by which the convie

the party. The King v. Roberts. tion is removed. R. v. J. Liston. 5 2 Str. 937.

Term Rep. 338. 16 In convictions for non-payment of 23 And therefore they refused to

money the sum inust be mentioned, quash a conviction on stat. 12 G. 2, or conviction will be quashed. The c. 28, directing the penalty to be

King v. Catherall. 2 Str. 900. distributed according to that act, 17 Apperance cures defeets in sum- though it appeared in the certiora

mons, but it must appear in the ri that the conviction was made at conviction, that the justices are of one of the seven public offices esthe county where the offence was tablished by stat. 32 G. 3, c. 53, committed. The King v. Johnson. which directs that all penalties le1 Str. 261.

vied by the justices under that act 18 Conviction of journeymen wool. shall be paid to the receivers ap

combers for conspiring to raise their pointed by that act. 5 Term Rep. wages quashed, because the evi- 338. dence was not alleged to have been 24 Qu. Even if that faet had appear. in the presence of the defendants, ed on the conviction, whether it and because no judgment was stated would have been a legal objection in the said conviction. 2 Burrows, to it? 5 Term Rep. 341. 1163.

25 The legislature did not intend by 19 The penalty on the gaming act stat. 32 G. 3, e. 53, to alter the form

must be sued for after a conviction. of convictions; and until the con

The King v. Luckup. 2 Str. 1048. viction, the receiver cannot main20 Seller of deers skins may be con- tain an action for money had and

vieted. The Queen v. Jennings. 1 received to recover the sum : pet Salk. 383.

Buller, J. 5 Terni Rep. 3+1. 21 On a conviction, witnesses swore 26 An appeal against a conviction on

that in a field, about a quarter of stat. 24 G. 3, st. 2, e. 31, for not a mile from defendant's house, entering horses, &c., must be to the which they believed to be in his oc- quarter sessions next after the concupation, they saw two of his ser- viction, and not after the execution. vants loading tea into a cart, which Prosser v. I

1 Term Rep one of them swore was defendant's. 411.

27 Errors in convictions before a ma- 2 Motion to dispense with the apgistrate. 4 Dallas. 266.

pearance of a justice of the peace

convicted ou an information, for a VIII. Surplusage in.

conviction by him made of an ale

house-keeper, who was never sum-r 1 Surplusage will not vitiate a con- moned or heard, but refused on deviction. 4 Terin Rep. 767.

bate, unless some reason given or 2 If a conviction under stat. 31 G.

affidavit made. The King v. Har

wood. 2 Str. 1083. 3, c. 21, s. 4, which enacts that all convictions against that act may be 3 Where justices have power to conmade out " in the form or to the ef

vict on oath of one witness, they fect following," (giving the form may conviet on the confession of contain all the substantial parts of

the party. The King v. Gage 1

Str. 546. that preseribed, it is good, though it also contain something more. R. 4 Justices of the peace cannot fine a

1. J. Jefferies. 4 Term Rep. 767. man for killing rabbits in a private 3 Where an informer need pot nega

warren. Rex v. Yaites. 1 2. Raytive any of the exceptions in a stat- mond, 151. ute, but negative some of them on

5 Oath made de veritate præmissoly, that part of the information will rum, sufficient in convictions. Ex. be rejected as surplusage. 1 Term ecution inay go on affirmance of Rep. 320.

convictions by levari, fieri facias, or 4 li the convicting magistrate give a capias ad satisfaciendum. The King

proper date to the time of the con- & Queen v. Franklin. 1 Salk. 369. vielion upon the face of it, and af- 6 On conviction affirmed in B. R. terwards add an impossible date to execution shall be by levari fathe time when he set his hand and cias to the sheriff.- -Where the seal to the cuviction (being before

law gives a distress for a public the offenee committed,) the latter

benefit, the officer may sell. King may be rejected as surplusage. K. V. Speed. 1 Salk. 379. 1 L. Rayv. Picton. 2 East, 195.

mond, 583. 5 An information founded on a penal In summary convictions it is saffistatute must negative the exceptions

cient to describe this offence in the in the enacting elause creating the

words of the statute. Ib. 1 L. Raym. penalty, and also those contained

583. in a preceding section to which 7 Witness indicted for perjury, no the enacting clause refers in ex- reason for postponing judgment apress terms. R. v. J. Pratten. gainst the person convicted. The Term Rep. 539.

King v. Haydon. 3 Burr. 1387.

Black. 404. IX. Duty of Justices; Execution on, 8 A feme covert may be convicted for &c.

selling gin. The King v. Crofts.

2 Str. 1120. 1 A person can commit but one of- 9 Where there is a conviction the

fence on the same day, by exercising court will not discharge on the his ordinary calling on a Sunday, warrant of commitment, without eontrary to the stat. 29 Car. 2, e.. having the conviction before them. And if a justice of the peace con

And they cannot set fine on a conviet hijn in more than one penalty

viction by justices of peace, if o. for such offence, it is an excess of

mitted. The King v. Edwardum jurisdiction, for which an action Elwell. 2 Str. 794. will lie before the convictions are quashed. Crepps v. Durdeio and others. Coxp. 6-10.

6

demanding it on the terms preseribCOPARCENERS.

ed by law. Marbury v. Madison.

1 Cranch, 160. 1 Parceners must join in avowry.

Stedman v. Bates. 1 Salk. 390. 1
L. Raym. 64.

COPYHOLD. 2 The possession of one co-heir in

gravel-kind, is possession of the I. Custom essential to. other, when he enters with an ad- II. Fines on admission. verse intent, to oust the other. III. Forfeiture of. Davenport v. Tyrrel. 1 Black. IV. Surrender, Effect of. 675.

V. Timber. 3 One tenant in common shall not VL What shall pass, $c.

bar the other by the Statute of Limitations, where there is no adverse

I Custoin essential to. possession. Fairclaim on the Demise of Empson and Shackleton. 2 1 A custom for a feme covert to surBlack. 690.5 Burr. 2601.

render her copyhold lands without 4 One tenant in common may bring the assent of her husband, is bad. action for the double value of his Stevens on Demise of Wise v. Tyrrel

. moiety, under the stat. 4 G. 2. Cut- 2 Wils. 1.

ting v. Derby. 2 Black. 1077. 2 The tenant in copyholds is in by 5 One of several copareeners

admittance only, according to the may maintain an action of eject- quality of his estate in his true ment on her separate demise. Jack- right; and the lord, through his son ex dem. Fitzroy and others v. steward, is merely an instrument of Sample. 1 Johns. Cas. 231.

custom, to convey that right. Inor.

Lofft, 390.

Custom in King's Swinsford, that esGOPPER.

tates are intailable, and can be bar.

red by recovery only, but found that Round copper bars, round copper- surrender was also good, the Court plates, and round copperplates agreed, the custom might be both turned up at the edges, are not ways, but that surrender was the subject to duty upon exportation. most natural. Anon. Ibid. United States v. Kjd of Watson. 4 3 Custom in a manor to grant lands Cranch, 1.

by copy to two or three persons for 2 Round copper bottoms turned up

at their lives, habend successive, &c. the edge, are not liable to duties, Grant to A. habend' to him, during although imported under the de- the lives of A. B. and C. is warrantnomination of 6 raised bottoms." ed by the custom. Smartle v. PenUnited States v. Potts. 5 Cranch, hallow. 1 Salk. 183. '2 L. Rayu. 281.

994. 3 Salk 181. 4 Custom to bar the intail of copy.

hold by surrender, may subsist conCOPY.

currently with a custom to bar by

recovery, though the instances are 1 A copy not evidence where the o- much less frequent. Doe v. Truty. riginal may be had.

1 Mass. 324. 2 Black. 944. 2. A sworn copy of an order from the 5 A lease for years by a copyholder.

treasurer's office is not admissible with licence of the lord, where the in evidence. 1 Mass. 524.

widow, by custom, would be enti3 The keeper of a public record tled to her free bench, if the coprcannot refuse a copy to a person

holder had died seised, defeats Ler

erell v.

of it. Salisbury er dem.

Cooke v.

seizure, and consequently irregular, Hurd. Coup. 481.

there being no custom to warrant it; 6 Whatever may pass by deed with- and being irregular as an absolute

out surrender, though it be necessa- seizure, it could not afterwards be ry to enrol the deed is no copyhold; set up by the lord as a seizure quoúslikewise whatever may pass by sur- que. 3 Term Rep. 162. render, secundem consuetudinem ma- 15 Under a grant by copy of courtnerii, without saying, ad voluntatem roll of a reversionary estate to A. domini, is no copyhold. Page v. (who had before a life estate in Smith. 3 Salk. 100.

the premises) habendem to him for Copyhold estates are liable to spe- the lives of B. and C., his grandsons, cial occupancy, Doe, on the 012- during the life of either of them mise of Lempriere, v. Martin. 2 longest living, successively, accordBlack. 1148.

ing to the custom, &c. reserving a 8 Custom to bar entails of copyhold heriot and 6s. rent; A. alone takes by recovery or surrender, good. Ev- the legal estate in reversion, and

Smalley. 1 Wils. 26. 2 Str. not the cestuy que vies ; there being 1197.

no custon, to enable them to take; g Copyhold must be pleaded to be although they were stated to be ad

such time out of mind, and cannot mitted tenants in reversion. be created in time of memory. Roe, And though in consideration of the on Demise of Newman, v. Newman. fine paid by the grandfather, the 2 Wils. 125.

lord suffered the first in succession 10 Custom is the very essence of a of the cestuy que vies to enter as ten

copyhold; and if the custom be si- ant upon the death of his grandfalent, the common law must regulate ther, and received the 6s. rent from the course of descent. Denn d. him till his death; yet he not dying Goodwin and others v. Spray. 12. seized of the legal estate, his widRep. 474.

ow could not claim her free bench 11 A copyhold cannot be created by according to the custom.

operation of law, but must have Nor did such receipt of rent from the been demised and demisable by co- cestuy que vie constitute a tenancy py tiine out of inind. Revell v. Jod- from year to year, so as to entitlo

drell. 2 Term Rep. 415 and 705. his widow to notice to quit, the rent 12 If there be a custom within a not being received as between land

manor for a lord to grant parcels of lord and tenant, but attributable to the waste by copy of court roll, the another consideration. Right d. premises granted in that mode are The Dean and Chapter of Wells v. well described as copyhold premi- Bawden. 3 East, 260. ses, though the date of the grant be 16 Devisees of a copyhold holding as modern. Lord Northwick v. Stan. tenants in common have several esway. 3 Bos. fo Pull. 316.

tates to which they must be several13 A lord of the manor cannot seize a ly admitted ; and for which severcopyhold estate as forfeited

pro

al services are due to the lord ; and defectu tenentis, without a custom. several heriots on the death of each Roe d. Zarrant y. Hellier. 3 Term tenant : and the multiplication of Rep. 162.

heriots and fees on adinission still 14 Therefore, where, on the death of continues, notwithstanding the re

a copyholder of inheritance, the union of the same land afterwards lord, after three proclamations for in one person ; the estates or interthe heir to come in, seized the es- ests in the land once divided in sevtate into his hands, and afterwards eralty continuing several Attree v. granted it in fee to another, the Scutt. ( East, 476. court considered it as an absolute 17 There can be no general occupan. of a copyhold, because the freehold the manor generally) without statis always in the lord; and the stat- ing them to hold at the will of the utes 29 Car. 2, c. 3, s. 12, and 14 lord: admitting this evidence to G. 2, c. 20, s. 9, appropriating es. outweigh proof of minister's aetates pur autre vie where there is counts in the 30th and 31st Hen. 8; no special occupant, do not extend a grant of the manor from the to copyholds, and one who was ad- crown in the 9th Car. 1, including mitted tenant upon a claim as ad- these estates under the name of ministrator de bonis pon to the tenements of husbandry ; subsequent the grantee of a copyhold pur autre mesne conveyances reserving the vie, having no title in such charac- coal-mines, &c. in certain distriets ; ter, cannot recover in ejectment by and admissions from 1663 to 1777. virtue of such admission as upon a (including admissions of the several new and substantive grant of the tenants to the estate inmediately in lord. Zouch dem. Forse v. Forse. question,) in all which they were East, 186.

stated to hold at the will of the 18 One may hold the prima tonsura lord, as well as according to the

of land as copyłold, and another eustom of husbandry of the manor, may have the soil and every other &c. : yet as there was evidence for beneficial enjoyment of it as free- more than a century past that the hold. And ancient admissions of lord had leased the coal and limethe copyholder, and those under stone under the copyhold lands in whom he claims the land by the different parts of the manor, and description of tres aeras prati" had received rept for the same ; and may be construed only to carry the that the lessees of the lord, and not prima tonsura, if in fact they have the tenants, had taken the coal and enjoyed wo more under such admis. limestone ; held that such acts of sions, while another has had the ownership explained the nature of after-crop, and has cut the trees and the tenure according to the cus!um of fences, scoured the ditches, repair- husbandry of the manor, &c. and ed the fences, and kept the drains ; shewed, in aid of the other evidence, though the copyholder may have that the freehold was in the lord and paid all rates and taxes, which was not in the tenants. And at any rate in his own wrong.

Stammers v. the evidence preponderating so Diron. East, 200.

much in favour of the lord, the court 19 Where the tenants of a manor, would not disturb a verdiet given

formerly belonging to a monastery, for him. Brown v. Rawlins. 7 holding by border service, and the East, 409. defence of Tynemouth Castle, under 20 Where three lives in a copy are copy of court roll, and whose estates to take successive, and a father, the passed by surrender and admittance, sole purchaser, puts in the lives of shewed in evidence by surrenders himself and two sons, in general the as far back as they existed in writ- sons shall take beneficially, unless ing; by admissions from the 17th it appear by any concurrent act of Eliz, to the 14th Car. 1 ; by exche- the father that he did not so intend it; quer decrees between the lords and as by taking at the same court a litenants in the times of Eliz, and cence from the lord to himself and Jac. 1; and by an inquisition of his mother (who had her free beneh) the jury at the court-baron of the to lease for 10 years. In which lord in the 2d of Jac. 2; that they case, if the father afterwards lease were copyholders of inheritance, by way of mortgage pursuant to with fines certain, holding according such licence, and there be a custom to the custom of husbandry of the ma- in the manor for the first taker to nor, (or according to the custom of dispose of the estate as against the

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