entered on the court rolls by the lord or steward, who is to indorse on the deed a memorandum signed by him, testifying the entry of the same on the court rolls. And the 66th section provides that every disposition to be made under the act by any commissioner, of lands held by copy of court roll, where the bankrupt's interest shall not be merely an estate in equity, shall have the same operation as a surrender, and that the person to whom such disposition shall have been made may claim to be admitted in the same manner as if the lands had been surrendered to his use, on paying the fines and fees which could have been demanded if the lands had passed by surrender. This clause is restricted to a disposition under the act, and it is clear, the author submits, that the provisions of the act of 6 Geo. 4 (y), as to a bankrupt's copyhold property, other than in respect of intailed lands, are unrepealed by the above statute of 3 & 4 Will. 4. Insolvency (z). When the general assignee, with a view to the sale of a copyhold estate of the insolvent under the act of 7 Geo. 4, c. 57, desired to have the conveyance to him from the provisional assignee entered on the court-rolls, as provided by the 20th section, the steward was to have made a full entry on the minutes of the purport of such conveyance, and afterwards to have had the deed copied at the end of the court-roll of the particular day. But the author has shown, that the copyhold property of an insolvent debtor became vested in the general assignee, not only without any admission, but even before an entry of the assignment on the court-rolls (a). But stewards of manors are to bear in mind, that an important change was made with regard to the conveyance of the copyhold estates of insolvent debtors by the provisions of 1 & 2 Vict. c. 110, "For abolishing Arrest on Mesne Process," (ante, pt. 1, p. 308). By the 47th section of that act, a certified copy of the order vesting the insolvent's estate in the provisional assignee, and of the appointment of the general assignee, are to be entered on the court rolls, and the general assignee is authorised and directed to surrender the copyhold estate of the insolvent to a purchaser, whereby no admission is necessary either of the provisional or general assignee; so that the lord is precluded from claiming any fine in respect of such copyhold estate, except from the purchaser thereof on his admission; ante, pt. 1, pp. 350, 351. Inclosure allotments (b). When under inclosure acts the proprietors are required to be admitted to the new allotments within a limited period, the act and award are to be briefly presented or recited, and then admission will follow on the prayer of each copyholder; the recital of such act and (y) See ante, pt. 1, pp. 302, 303. And note, that any powers of appointment exercisable by a person becoming bankrupt, may be exercised by the assignees chosen by the creditors, so as to entitle the appointee to claim to be admitted. Ante, pt. 1, p. 304. (z) Ante, pt. 1, p. 306, et seq. (a) Doe & Glenfield, 1 Bing. N. C. 729; 1 Sc. 699. (b) Ante, pt. 1, pp. 21, 22. And see Cane v. Baldwin, 1 Stark. 65. award need not be repeated in each admission, as it will be sufficient to refer to the inrolment of them under the first admittance, but the presentment of the act and award should form a part of each copy of admission. Exchanges (c). Upon an exchange of copyholds the parties should surrender to each other, by distinct acts, to the use of the surrenderee and his heirs in exchange, &c., and then admission will follow in the ordinary form. Purchases by the lord (d). If the lord purchase copyholds in the name of a trustee, the surrender and admittance will of course be the same as if the trustee had purchased on his own account. And when the lord purchases in his own name, the tenant is to surrender the estate in the common form, and also release all his right, &c., to the use of the lord and his heirs, to the intent that he may do therewith his will and pleasure. The manor of PRECEDENTS OF COURT ROLLS. on FIRST COURT. [Copyholds of Inheritance.] A General Court Baron of A. Z. (e), lord of the said manor, holden in and for the said manor, day of in the the year of the reign of our sovereign Lady Queen Victoria, by the grace of God of the United Kingdom of Great Britain. and Ireland Queen, Defender of the Faith, and in the year of our Lord Before J. S., steward of the said manor. John Doe, Thomas Styles, &c. Homage Richard Roe, Sworn William Goodtitle, &c. (Presentment of the death of A. B., 1st proclamation, and admittance of C. B. his customary heir) (f). (1. a). At this court the homage present the death of A. B., late one of the customary tenants of this manor; and thereupon proclamation is made (c) Ante, pt. 1, p. 123. (d) Ante, pt. 1, pp. 35, 123, 544. (e) When a feme covert is lady of the manor, the style of the court should be, "A general court baron of A. 2. and C. his wife, in right of the said C. Z.;" and the words of grant, "the said lord and lady, acting in right of the said lady, do grant, &c." And when an infant under fourteen years (ante, pt. 1, pp. 91, 398) is lord of the manor, the courts should be held in the name of the socage guardian until the infant is out of ward, and the grants, admittances, &c., be made in the name of the guardian; Shopland v. Rider, Cro. Jac. 99; Ow. 115. Note. Wardship in socage can be of heirs only, i. e. where the infant is in by descent; 2 Mod. 176; Co. Lit. 87 b, 88 b; though some have argued for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor, whereof the said A. B. died seized, to come into court and be admitted. (1. b). Now at this court comes C. B., the eldest son and heir according to the custom of this manor of the said A. B. deceased, and prays to be admitted to all and singular the customary or copyhold hereditaments lying within and holden of this manor, whereof the said A. B. so lately died seized as aforesaid, to wit, to [All, &c.] with their appurtenances, and to which said premises the said A. B. was admitted at a general court holden for this manor, on the day of. To which said C. B. the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with their appurtenances, unto the said C. B. and his heirs, to be holden of the lord by copy of court-roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, [heriot when it shall happen,] and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said. C. B. is admitted tenant thereof, and pays to the lord on such his admittance a fine [certain] of £---, and his fealty is respited. (Presentment of the death of C. D., first proclamation, presentment of his will, and admittance of E. F., his devisee.) (2. a). At this court the homage present the death of C. D., late one of the customary tenants of this manor, and thereupon proclamation is made for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor, whereof the said C. D. died seized (g), to come into court and be admitted. (2. b). And the homage also present that the said C. D., in and by his last will and testament in writing, bearing date the day of the probate whereof is now produced in court, gave and devised [All, &c.] and all other his real estates whatsoever, unto E. F., his heirs and assigns for ever. to the contrary; Co. Lit. 87 b, n. (1), 88 b, n. (13). But the guardianship in socage is superseded if the father exercise his testamentary power of appointing a guardian under the stat. 12 Car. 2, c. 24; Co. Lit. 88 b, n. (13); by which statute the father may appoint the guardianship to continue till twenty-one, or for any less time; ante, pt. 1, pp. 91, 398. (f) Each copy to be made as evidence of title is to contain the several corresponding figures, commencing with the title of the court, (showing before whom it is held,) but omitting the names of the homage; as for instance, the copy for C. B. is to contain the title of the court, and (1. a) and (1. b); and the copy for E. F. is to contain the title of the court, and (2. a), (2. b), (2. c) and (2. d). It is usual to mark the amount of the fine in the margin both of the court-roll and copy; and the title of each entry (which the author proposes to give in a parenthesis) should be written in the margin of the court-rolls. Each copy should be examined with the rolls, and signed by the steward. (g) If C. D. had surrendered to the uses of his will, add here," and which were surrendered by him to the uses of his will." (2. c). Now at this court comes the said E. F. and prays to be admitted to all and singular the customary or copyhold hereditaments lying within and holden of this manor, so devised to him by the said will of the said C. D. as aforesaid, to wit, [All, &c.] with their appurtenances, and to which same premises the said C. D. was admitted at a special court holden for this manor on the day of To which said E. F., the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with their ap purtenances, unto the said E. F. and his heirs, to be holden of the lord by copy of court-roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, [heriot when it shall happen,] and other duties and services therefore due and of right accustomed. And so (saving the right of the lord) the said E. F. is admitted tenant thereof, and pays to the lord on such his admittance a fine [certain] of £— — —, and his fealty is respited. (Surrender to Will) (h). (2. d). And afterwards at this same court the said E. F. in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, all and singular the said customary or copyhold hereditaments and premises, with their appurtenances, to which he hath been admitted at this court as aforesaid, to the use of such person or persons, and for such estate or estates, ends, intents and purposes, as he the said E. F. in and by his last will and testament in writing, already made or hereafter to be made, hath given, devised, directed, limited or appointed, or shall give, devise, direct, limit or appoint the same. (Presentment of the death of G. H., first proclamation, and default recorded.) (3). At this court the homage present the death of G. H., late one of the customary tenants of this manor, and thereupon proclamation is made for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor, whereof the said G. H. died seized, to come into court and be admitted, but no one comes, therefore let a second proclamation be made at the next court (i). (Presentment of an absolute surrender, under a special deputation by the steward, from I. K. to N. O., of an undivided moiety, in consideration of an annuity, and admittance of N. O.) (4. a). At this court the homage present that on the day of now last past, I. K., then late of, &c., but then of, &c., one of the customary tenants of this manor, came before L. M. of, &c., deputy steward, for that purpose and turn only, of the said J. S. (chief steward of this manor), and for and in consideration of an annuity of £, secured to (4) Ante, pt. 1, (i) No is be paid to him the said I. K. and his assigns for his life, by N. O. of, &c., in such manner as is mentioned in an indenture bearing date, &c., and made between, &c., did out of court surrender into the hands of the lord of this manor, by the hands and acceptance of the said deputy steward by the rod, according to the custom of this manor; all that the one undivided moiety or equal half part of the said I. K. (the whole into two equal parts to be divided), of and in all, &c., and of and in the appurtenances thereunto belonging, and to which same undivided moiety and premises the said I. K. was admitted at a general court holden for this manor on the day of; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, trust, benefit, property, claim and demand whatsoever of the said I. K. in, to, or out of the said undivided moiety of the aforesaid hereditaments and premises, to the use of the said N. O., his heirs and assigns for ever, according to the custom of this manor (k). (4.6). Now at this court comes the said N. O., and prays to be admitted to the said undivided moiety of the hereditaments and premises so surrendered to his use as aforesaid; to whom the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said undivided moiety, or equal half part, of all and singular the said hereditaments and premises, with their appurtenances, unto the said N. O. and his heirs, to be holden of the lord by copy of court-roll at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said N. O. is admitted tenant thereof, and pays to the lord for a fine on such his admittance the sum of £- (1), and his fealty is respited. [See form of Surrender to Will, ante (2. d).] (Presentment of conditional surrender from P. Q. to R. S.) (5). At this court the homage present that on the day of now last past, P. Q., of, &c., one of the customary tenants of this manor, came before the said steward, and in consideration of the sum of £well and truly paid to the said P. Q., by R. S., of, &c., did out of court surrender into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, [All, &c.] with their appurtenances, (and to which said premises the said P. Q. was admitted at a special court holden for this manor on the day of,) and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, trust, benefit, property, claim and demand whatsoever of the said P. Q. in, to or out of the said hereditaments and premises and every part thereof, to the use of the said R. S., his heirs and assigns for ever, accord (k) The presentment of the surrender out of court should be included in the copy, but it would not require a stamp. (1) The author here assumes that the fine is arbitrary. |