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PRECEDENTS OF COURT ROLLS, &c.

of our

Rolls of COURT BARON. The manor of

The Court Baron of A. Z. esquire, lord of the said in the county of

manor, holden in and for the said manor on the day of

in the year of the reign of our sovereign lady
Victoria, by the grace of God of the United Kingdom of Great
Britain and Ireland queen, defender of the faith, and in the year
Lord before(a)
A. B. Foreman.

P. Q.
C. D.

R. S.
Homage

Sworn.
E. F.

T. W.
&c.

&c.
respectively suitors of the said court.
Present also, J.S., steward.

W.Y., bailiff.

(Presentment of tenants neglecting to perform their Suit.) At this court the homage being sworn, and charged by the steward upon the articles of the court baron, do upon their oaths present, that G. H., I. K.,

L. M., N. 0., &c., respectively freehold tenants This amercement is affeered at of this manor, have neglected to appear and to the sum of 5s. for each de

perform the suit and service which they owe at faulter, by us,

this court, and they are respectively in mercy (b). A. B.

Sworn.
C. D.

(Presentment of the death of a freeholder, and proclamation for the heir

to take up his estate.) At this court the homage also present, that T. B., who held to him and his heirs, freely, of the lord of this manor a messuage or tenement and

(a) By prescription a court baron may be held before the steward. Ante, pt. 3,

vails, to submit the reasonableness of the amercement to affeerors. Ante, p. 3, p.

P. 605.

622 et seq.

(6) It is the more usual way for the But it is to be recollected that the lord homage to adjudge the party to be amerced may distrain for subtraction of suit, as in general terms, according to this form, well as for neglect of fealty, assuming the though sometimes they amerce in a parti- land to be of ancient tenure. Ante, pt. 3, cular sum, which would seem to be good pp. 616, 617; post, “ Forms of Warrants, without affeerment; it is, however, not &c." unusual, when the latter practice pre

about - acres of land, situate at ---, with the appurtenances, by fealty, suit of court, heriot, relief, and the yearly rent of 6d., died seized thereof since the last court, and that G. B. is the only son and heir of the said T. B., and thereupon proclamation is made for the said G. B. to come into court and take up the aforesaid hereditaments and premises (C). (Presentment of the death of a freeholder, and general proclamation.)

At this court the homage also present, that C. M., who held to him and his heirs, freely, of the lord of this manor about acres of land, situate at , with the appurtenances, by fealty, suit of court, heriot, relief, and the yearly rent of 4d., died seized thereof since the last court, and thereupon proclamation is made for any person or persons claiming title to the aforesaid freehold land, with their appurtenances, by descent, devise or otherwise, to come into court and take up the same (d). (Acknowledgment of tenure by the heir of a freeholder, after proclamation

at a former court.) At this court came J. L., the only son and heir of B. L., whose death was presented at the last court holden for this manor, and acknowledged to hold freely of the lord of this manor a messuage or tenement and about

acres of land, situate at with their appurtenances, by fealty, suit of court, heriot, relief, and the yearly rent of 8d., and whereof the said B. L. was seized to him and his heirs at the time of his decease ; and the said J. L. paid the lord for a relief the sum of (e), and his fealty is respited. (Presentment of the death of a freeholder, and acknowledgment of tenure

by his devisee.) At this court the homage present, that M. R., who held to him and his heirs, freely, of the lord of this manor a certain messuage situate at with the appurtenances, by fealty, suit of court, heriot, relief, and the yearly rent of 3d., died seized thereof since the last court, whereupon a heriot accrued to the lord of this manor; and afterwards at this court came F. N., and produced to the homage the last will and testament of the said M. R., bearing date &c., whereby he devised the aforesaid estate unto the said

(c) It will be better, though not absolutely necessary, the author thinks, that at least fifteen days' notice of the next court, when fixed, should be served by the bailiff on G. B., informing him that if he neglects to attend it and acknowledge teuancy to the lord, he will be distrained for fealty. See the warrant, post, “ Forms of War

is held, it will be better (though not absolutely necessary the author thinks) that notice of it should be served by the bailiff on such heir or devisee, informing him that if he neglects to attend the court and acknowledge tenancy to the lord, he will be distrained for fealty. Post, “ Forms of Warrants, &c."

(e) Usually ls. A relief, except when due by reservation or custom, is only payable by the heir of a deceased tenant, by way of fine for taking up the estate. Ante, pt. 1, p. 368; pt. 3, p. 618 et seq.

rants, &c."

(d) 'The bailiff, as soon after the court as he conveniently can, should ascertain whether the person in possession of the estate is entitled as heir or devisee, and fifteen days at least before the next court

F. N. and his heirs for ever; and thereupon the said F. N. acknowledged himself to be the lord's tenant of the aforesaid messuage with the appurtenances, by and under the services aforesaid, and his fealty is respited.

acres, situate at

(Presentment of sale by a freeholder, and acknowledgment of tenure by

the purchaser.) At this court the homage present, that B. M., since the last court, sold to G. D. certain closes, containing about

and holden freely by him the said B. M. of the lord of this manor by fealty, suit of court, heriot, relief, and the yearly rent of 5d. (f), and afterwards at this court came the said G. D., and acknowledged himself to be the lord's tenant of the aforesaid closes with their appurtenances, and his fealty is respited (9). (Presentment of sale by a freeholder, and proclamation for the purchaser

to take up the estate.) At this court the homage present, that N. P., since the last court, sold to R. S. a messuage and several closes, containing about

acres, situate and holden freely by him the said N. P. of the lord of this manor, by fealty, suit of court, heriot, relief, and the yearly rent of -d.; and thereupon proclamation is made for the said R. S. to come into court and take up the aforesaid hereditaments and premises, but he came not (h).

at

yeoman de

(Presentment of advantages accrued to the lord by escheat, &c.) At this court the homage present, that A. B., late of ceased, who held to him and his heirs, freely, of the lord of this manor certain lands and hereditaments, situate &c., formerly in the occupation of

and now and for some time past in the occupation of with the appurtenances thereof, by fealty, suit of court, and the yearly rent of 158., and who was born illegitimate, died seized thereof since the last court held

this manor, without leaving any heir at law; and thereupon proclamation is made for any person or persons claiming title to the aforesaid freehold lands and hereditaments by or under any conveyance or testamentary disposition made by the said A. B. to come into court and take up the same, but no one comes, therefore let a second proclamation be made at the next court baron to be holden for this manor (i).

(5) In some manors the lord is entitled to heriot on alienation, ante, pt, 1, pp. 375 et seq., 386 ; and when that is the case, the advantage thus accruing to the lord should be stated in the presentment.

(8) Sometimes also a relief is payable on alienation, but that is relief custom. Ante, pt. 3, p. 621, n. (d).

(h) It will be better for the bailiff to serve the purchaser with notice to attend the next court, as suggested ante, p. 1150,

in the case of a devisee.

(i) The second and third proclamation should be made at the two succeeding courts baron, and if no person establishes a claim to the estate under any disposition by A. B., by will or otherwise, a precept of seizure should be awarded at the third court to the bailiff of the manor, in analogy to the practice in copyhold cases. Ante, App. 747, 782, 788, 829.

And with reference to the rule that

At this court the homage present (k), that A. B., who held to him and his heirs (I), freely, of the lord of this manor a certain close situate &c., containing &c., and called Black-acre, with the appurtenances thereof, by fealty, suit of court, and the yearly rent of 10s., was at the last Lent assizes held for the county of convicted of felony, and adjudged to be hanged, but was afterwards allowed the benefit of a conditional pardon of the royal mercy, and ordered to be transported to -, or some one or other of the islands adjacent thereunto, for the term of his natural life:-By virtue of which said attainder the said freehold land and hereditaments have become forfeited to the lord of this manor (m).

The homage also present, that on the

instant a black colt strayed into this lordship, and that it is now in the possession of A. B. [Here may follow the presentment of any goods waved, and of any deodands, &c.]

(Presentment of encroachments, f'c.) At this court the homage present, that A. B., since the last court, hath dug up and inclosed part of the waste grounds of the lord of this manor, situate at

And they also present that C. D. hath encroached upon the rights of the lord of this manor, by inclosing a certain part of the waste lands adjoining the estate of S. R., in the occupation of E. G. (n)

there should be distinct writs of escheat for lands held by distinct services, ante, pt. 3, p. 637, the proclamations, if A. B. died seized of lands held by distinct rents and services, should be framed so as to show the distinct tenures.

(k) But as to the necessity of any presentment of such an act of forfeiture, see ante, pt. 1, p. 450 et seq.

(1) N. B. By the 54 Geo. 4, c. 145, corruption of blood is taken away except in treason and murder. Ante, pt. 3, p. 631, n. (1).

(m) The following form of precept would be proper on such an occasion :

:

day of

The Manor of, &c. :-To W. Y. bailiff of the said manor.

Whereas at a court baron of A. Z., lord of the said manor, held for the same manor this

in the year 184, it was presented by the homage that a certain close situate &c., containing &c., and called Black-acre, with the appurtenances thereof, held by A. B. to him and his heirs, freely, of the lord of the said manor, by fealty, suit of court, and the

yearly rent of 10s., had become forfeited to the lord of the said manor by the attainder of the said A. B. for a capital felony : these are therefore to command and require you the said W. Y. forth with to enter into and upon the aforesaid freehold close and hereditaments, or some part thereof in the name of the whole, and seize the same into the hands of the lord of the said manor; and that you make return of this precept at the next court baron to be holden for the said manor. Given under my hand and seal the said

in the year 18–

J.S. (L. s.)

Steward of the said manor. (The bailiff's return to be indorsed on the above precept.)

By virtue of the within written precept to me directed, I have seized the within described freehold close and hereditaments into the hands of the lord of the withinmentioned manor, as by the same precept I was commanded. W. Y. Bailiff.

18.

day of

day of

At this court the homage present that T. W. hath, since the last court, broken

up and inclosed part of the commonable lands of this manor, contrary to the tenor of the order or by-law made at the last court, and hath thereby incurred the penalty thereof (o).

At this court the homage present that S. L. hath, since the last court, dug and carried away the turf of part of the commonable lands of this manor, contrary to the tenor of an order or by-law made at a court held the — day of —, and confirmed at the last court, and hath thereby incurred the penalty of such order or by-law.

(By-laws and orders.) At this court (pursuant to an immemorial custom in this behalf) the following orders or by-laws are made by the homage.

IT 13 ORDERED, that the Hayward shall impound any cattle, horses, asses, sheep or pigs, which the proprietors or occupiers of-inclosed grounds, adjoining the roads or lanes within this manor, shall suffer to go beyond their respective boundaries in such roads or lanes, and that the following sums shall be paid to the Hayward by way of Pinlock, on the release of

such cattle and other animals, namely, 6d. These amercements are af- for each horse or cow, 3d. for each ass or feered (q) at 58. for each pig, and 2d. for each sheep, and the homage horse or con, ls. for each

amerce every person refusing or neglecting ass or pig, and 4d. for each to make such payments in the after-mentioned sheep, by us,

sums, viz., the sum of 7s. for each horse or Affeerors G. H.

cow, ls. 6d. for each ass or pig, and 6d. for each sheep (p).

1.K. } Sworn.

IT IS ORDERED that there shall be a clover hitching sown in furlong from — to — in the ensuing spring, by the respective occupiers of land in the open fields of this manor, in proportion to the acreage of the lands they so occupy, and that such clover hitching shall be mounded off by Old St. Andrew's day next ensuing; and also that a vetch hitching shall be sown in the ensuing spring in furlong, by the respective

(n) These acts, which create a private pt. 3, pp. 623, 626. injury only to the lord, are not the subject (p) The above order is framed on the of amercement, though they ought to be supposition that an inclosure award has presented for the lord's information. Ante, entitled the proprietors of land to the herpt. 3, p. 623.

bage of the roads and lanes within the (0) No further affeerment can be made of this penalty. Indeed, no affeerment (4) Unless the custom establishes the of a penalty under a by-law is necessary, penalty, it is proper to affecr it. Ante, unless the sum be discretionary. Ante, pt. 3, p. 623; note (o), supra. VOL. II.

Q Q

manor.

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