Maxwell's Lessee v. Lloyd

In the early settlement of a country the jurisdiction of separate Courts are pftep blended in epch other, Formerly ²¹⁵ fe this State the Chancellor exercised his office, and kept the great seal in the land-office. In England it was kept in •the Exchequer. Could an enrolment in the Exchequer be refused as not being evidence? In the construction of grants the law must be taken as it was at the time of the grant made.

Co. Litt. 8. b. The precedents produced from the land-office of similar surrenders having been made, proves what was considered to be the law at the time the surrender was made. The surrender in this case was a proper and legal surrender, to prove which the land-office must be taken to be a branch of the Court of Chancery, and is like the petty bag office in England, which is a Court of record. The King’s letters patent are always enrolled in Chancery. 4 Inst. 88.

And a scire facias lies to repeal them. 4 Inst, 79. 88. Scire facias will not lie for the forfeiture of a patent in another Court, unless an office be found in such other Court before the scire facias issues, except the forfeiture appears of record in the same Court whereupon to found the scire facias. 4 Bac. Abr. 409. 3 Lev. 223. There are no set form of words necessary to constitute a surrender, nor is there any formal proceedings necessary. 2 Roll.

Abr. 204. a. 205. 10 Co. 67. b. Record of the. surrender of letters patent may be by the verb sursumreddo. Dyer, 176. So in pleading it may be by the words sur sumreddo and restituo only. 10 Co. 67. 1 Co. Alton-wood1 s case.

The verb restituo may well enough be rendered delivered into the office; but the record here goes farther, having the words “ and made void.” So will many words by operation of law amount to a release. Co. Litt. 264. The Court will take notice of the constitution of other Courts. 2 Co. 16. Lane's case.

Roll. Abr. 524. Cro. Car. 213. 328. 11 Mod. 68.

They will also receive information thereon by precedents, or by certificate of the Justuses. Cro. Eliz. 503. All patents pass under the great seal, which shews the land-office to be a branch of the ■Court of Chancery, where the great seal is always, kept. ²¹⁶ Stran. 158.

Unless the enrolment of letters patent were considered as a record, the exemplification of it would not-be evidence. 3 and 4 Edw. VI. c. 4. 13 Eliz. c. 6. scye fucias grounded on a record, must be in the same Court where the record is. 2 Bulst» 10. 3 Lev. 223. The King v. Butler. Remembrance made of the surrender, is sufficient evidence to pass it to the King. 17 Fin. 172. 2 Boll.

Abr. 205. A record is not to be tried by a Jury, or the examination of witnesses, but by inspection of the record itself by the Court. Co. Litt. 117. b* 260. a. A fee-simple may be surrendered to the King.

Co. Litt. 330. a. Bro. Surrender, pi. 51. If a man would surrender his patent, he ought to do it in the same Court out of which it issued.

E'itzh. Abr.