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![handle is hein.slavery/ssactsengr0233 and id is 1 raw text is: GARLAND ). JEKYLL
[273] BEST C. J. No question is raised upon this issue but the request of the
sheriff. To entitle him to raise the question of law, the Plaintiff ought to have
demurred to the plea.
PARK J. On this issue the only question is a question of fact, whether or no
there was a request on the part of the sheriff. It has been argued, that a special
authority to the officer ought to be shown. We think such an authority has been
shown. The sheriff gives a warrant to the officer, and there is sufficient evidence to
connect him with the request.
BURROUGH J. The sheriff is commanded to have the body at the return of the
writ, but if he chooses to put in bail before the return, he may. The officer was
acting for the benefit of the sheriff, in the regular course of his duty; and the fact of
the request is sufficiently made out.
Rule discharged.
GARLAND v. JEKYLL AND ANOTHER. July 5, 1824.
[S. C. 9 Moore, 502; 3 L. J. C. P. (0. S.) 227.]
A copyhold property, which when in the hands of a single owner, pays but one heriot,
but pays several if divided among several owners, shall again pay but one heriot if
it again becomes united in the person of a single owner.
This was an action of assumpsit for money had and received, and was tried at the
sittings after Hilary term 1822, before Dallas C. J., when a verdict was found for the
Plaintiff, subject to a case, in substance as follows :
In the manor of Weeks Park Hall in Essex, there are, and from time immemorial
have been, divers customary [274] and heriotable copyhold tenements of inheritance,
held by the respective tenants thereof unto them and their heirs and assigns by the
rod, and by copy of the court rolls of the manor, at the will of the lord of the manor,
according to the custom of the manor, by the rents, customs, and services, therefore
due and of right accustomed.
There had from time immemorial been a custom within the manor for the lord
for the time being, upon the death of every copyhold tenant of any customary and
heriotable copyhold tenement or tenements within the manor, to take for heriots
in respect thereof so many of the beasts which were of such customary and heriotable
copyhold tenant at the time of his death, as the number of heriots due in respect of
such customary and heriotable copyhold tenements did at that time amount to: and
it was contended at the trial, that the custom was for the lord of the manor to take
for heriots such beasts which were of the tenant at the time of his death as were then
the best beasts, or such as the lord should elect to take as the best.
In 1735 Samuel Warner was a copyhold tenant of two customary and heriotable
copyhold tenements within the manor, which he held, and was seised of to him and
his heirs by the rod, and by copy of the court rolls of the manor, at the will of the
lord, according to the custom of the manor, by the rents, customs, and services, there-
fore due, and of right accustomed, viz. one copyhold tenement, consisting of three
parcels of land with the appurtenances, parcel of Westland, customary and heriotable,
containing about nine acres, abutting upon lands called Edmund's Lands; and another
copyhold tenement, consisting of two pieces of land, another parcel of Westland, being
customary and heriotable, containing about ten acres, abutting upon Derryhill-hall
ground.
[275] In the same year Warner died so seised of and holding the copyhold
premises as above; and the following presentments, surrenders, admittances, and
other proceedings respecting the said and other copyhold premises afterward took
place at divers courts baron of the manor, and entries thereof, and of the divers
heriots and rents payable in respect thereof, were made in the court rolls as follow :
5th June 1735. Death presented of Warner seised of the above-mentioned copy-
hold premises, and finding of jury that by his death there happened to the lord two
heriots, (two cows, value about 51.,) and proclamation thereon made.
6th October 1735. Separate admission of Catherine Graham to one undivided
fourth of the same premises, as her right and inheritance as one of the four daughters
and coheirs of Warner, to hold to her, her heirs, and assigns for ever, as her right and
2 BING. 273.](ViewImageLocal?handle=hein.slavery/ssactsengr0233&div=1&collection=&method=preview&ext=.png&size=3)