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&c., to him in hand well and truly paid by I. K. of &c., 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 &c., with the appurtenances; and all the estate, right, title and interest whatsoever of the said A. B. in, to or out of the same premises, to the use of the said I. K., his executors and administrators, (or his heirs as the custom may be,] for and during the lives of the said C. D., E. F., and G. H., and the life of the longest liver of them, according to the custom of this manor.

(15. b). To which said I. K., (being present here in court,) the lord of this manor, by the said steward, grants seizin of the same premises by the rod, lo have and to hold the said customary or copyhold

hereditaments and premises, with the appurtenances, unto the said I. K., his &c., for and during the lives of the said C. D., E. F., and G. H., and the life of the longest liver of them, to be bolden of the lord, by copy of courtroll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, 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 I. K. is admitted tenant thereof in manner and form aforesaid, and pays to the lord for a fine on such his admittance the sum of £

and his fealty is respited.

(Admittance of a widow to her free-bench, in copyholds for lives) (e).

(16). At this court comes B. B., widow of A. B., whose death had been presented at this court, and who held the customary or copyhold hereditaments hereinafter described for the term of the lives of him the said A. B., C. D. of &c., and E. F. of &c., and the life of the longest liver of them successively, and prays to be admitted according to the custom of this manor (f), for the term of her widow's estate, to the same hereditaments, to wit, to All &c., with the appartenances; to which said B. 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 the appurtenances, unto the said B. B., for the term of her widow's estate therein, by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, heriot when it shall happen, 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 B. B. is admitted tenant thereof in manner and form aforesaid, and pays to the lord for a fine on such her admittance the sum of £-- and her fealty is respited.

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(e) Ante, pt. 1, p. 72.

(5) But when a wife is entitled to the whole of the copyhold for her life, or widowhood, or other estate, admittance

would not seem to be necessary, except by special custoin, her interest being a continuation of the possession of the husband. Ante, pt. 1, pp. 77, 298.

(Surrender of a widow's estate, and grant for three lives.) (17. a). At this court comes F. C., widow of A. C. deceased, and who claims to hold the customary or copyhold hereditaments hereinafter described for the term of her widowhood, according to the custom of this manor, and 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 &c., with the appurtenances ; and all the estate, right and interest of the said F. C., therein or thereto, to the intent that the lord may re-grant the same premises to the said F. C., for the lives of herself and her son and daughter C. C. and H. C., and the life of the longest liver of them successively (9), according to the custom of this manor.

(17. b). To which said F. C., 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 the appurtenances, unto the said F. C., C. C., and H. C., for the term of their lives, and the life of the longest liver of them successively, 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, heriot when it shall happen, 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 F. C. is admitted tenant thereof in manner and form aforesaid, and pays to the lord for a fine on such her admittance the sum of £

and her fealty is respited. (Surrender of copyhold for lives to the lord, as purchaser, and re-grant

for one life to a trustee for the lord) (1). (18. a). At this court comes B. H., one of the customary or copyhold tenants of this manor, and in consideration of the sum of £- of lawful money &c., to him in hand well and truly paid by the said A. Z., lord of this manor, in full and open court surrenders into the hands of the said lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, and also releases All &c., to which said customary or copyhold hereditaments and premises, with other hereditaments, the said B. H. was admitted, to hold to him his executors, administrators and assigns, for the lives of him the said B. H., E. F. of &c., and G. H. of &c., and the life of the longest liver of them, at a court holden for this manor on the

-; and all the estate, right, title, interest, benefit, power, claim and demand whatsoever, which the said B. H. now hath in, to, or out of the same premises, or any part thereof,

day of

(8) This surrender supposes that A.C., (the busband of F. C.,) was the last life named in the former copy; and that his widow, and their children, (C. C. and H. C.,) were purchasers for their lives successively,

(h) The author has here supposed, that the custom authorizes a grant for three lives, but that the lord preferred acting on his right to put in a single life, (ante, pt. 1, p. 99,) as his own trustee.

to the use of the said A. Z., lord of this manor, to the end and intent that he may do therewith his will and pleasure.

(18. b). And afterwards at this court the lord of this manor, by his said steward, in consideration of the sum of 5s. of lawful money aforesaid to him in hand paid by C. D. of &c., doth grant seizin by the rod, according to the custom of this manor, unto the said C. D., of all and singular the — hereditaments and premises hereinbefore described (i), to have and to hold the said hereditaments and premises, with the appurtenances, unto the said C. D., for the term of his life, 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, heriot when it shall happen, the annual rent of £- -, being an apportionment of the ancient annual rent of

£- -(k), and other the duties and services therefore due and or right accustomed, and so (saving the right of the lord) the said C. D. is admitted tenant thereof in manner and form aforesaid, and his fealty is respited.

(i) If surrendered to the lord out of court, the entry would be,“ of All &c., being part and parcel of the customary or copyhold hereditaments heretofore granted to B. H. of &c., to hold by copy of courtroll of this manor, for the lives of &c.,

(and which said hereditaments and premises lately came into the hands of the said lord of this manor by purchase of and from the said B. H").

(k) Aute, pt. 1, pp. 94, 366.

PRECEDENTS OF ROLLS OF CUSTOMARY COURTS

BARON,

HELD WITHOUT THE PRESENCE OF HOMAGERS, UNDER THE 86TH SEC

TION OF 4 & 5 Vict. c. 35; AND OP A VOLUNTARY GRANT AND ADMISSIONS BY THE STEWARD OUT OF COURT, UNDER THE 87TH AND 88TH SECTIONS (a).

[NOTE.---The forms of a precept of seizure quousque, surrender to will in court, and surrender to a purchaser out of court, (leading to his admission at the same time and place,) and his surrender to will, are repeated, in order to save the inconvenience of referring to those precedents, ante, 757, 759; post, 828.]

ROLL OF GENERAL CUSTOMARY COURT BARON,
Held by the steward without the presence of homagers.

The manor of in the county of

manor on

day of

A General Customary Court Baron of A. Z., lord -S of the said manor, holden in and for the said the

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 of our Lord, before J. S., Esquire, steward of the said manor.

( Death of A. B., first proclamation (b), and first default recorded) (c).

Whereas A. B., one of the customary tenants of this manor, lately departed this life, wherefore at this court proclamation is made for any perday of

(a) The powers created by those sections took effect 1st Jan. 1842.

(6) The 86th section provides, that proclamations at courts so holden shall not affect the right or title of any person not present, unless notice thereof shall have been served on such person or persons within one month after such meeting [court

And note, that personal notice served on the heir (or other person entitled to be admitted), if known, that the lord on a day, and at a convenient place, to be named, (either in or out of court,) will be

VOL. II.

ready to admit such heir or other person, would render proclamations unnecessary, ante, pt. 1, pp. 285, 286, 287.

(c) But should the customary heir appear and claim to be admitted, omit the words “ and first default recorded," and also the words within brackets at the end of the proclamation, and the following may be the form of admission, (which, with very little variation, will serve for the admittance of the heir at a subsequent court, or out of court; and see form for the admittance of a customary heir out of court, post).

son 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 thereto, otherwise the same will be seized into the hands of the lord for want of a tenant, [but no one comes, therefore the first default is recorded). (Admittance of C. B., customary heir of A. B., and surrender to will) (d).

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 same premises the said A. B. was admitted at a general court holden in and for this manor, on the

- ;) 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, [the ancient annual rent or rents, heriot when it shall happen, and other the duties and services therefore due and of right accustomed (e),] and so (saving the rights of the lord) the said C. B. is admitted tenant thereof, and pays to the lord on such his admittance a fine certain of

- (f), and his fealty is respited. And afterwards at this same court the said C. B. 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 the said C. B. 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 C. B. in and by his last will and testament in writing already made (9), or hereafter to

(d) A surro

urrender by a copyholder to the uses declared or to be declared by his will, is more especially desirable since the act of 1 Vict. c. 26, ante, pt. 1, pp. 233, 247, 257.

(e) Assuming that quit-rents and heriots have been commuted under the provisions of the act 4 & 5 Vict. c. 35, omit the words within brackets, and substitute the words " and other the duties and services therefore due and of right accustomed, (except such manorial rights in respect of the aforesaid hereditaments and premises as have been commuted pursuant to the act of parliament passed in the 5th year of the reign of our said sovereign lady Queen Victoria, chapter 35, but subject

and without prejudice to the rent-charge, and fine certain on death, made payable in lieu of the said manorial rights under the commutation agreement).”

(J) This assumes that a fine certain on admission is payable by the custom ; or that a small fixed fine on death, under the 14th section of the above statute, or a fine certain, or relatively certain, on death, under the 15th section, is made payable to the lord by the terms of the commutation agreement.

(g) Note, by 1 Vict. c. 26, s. 3, a person entitled to be admitted to copyholds, whether as heir, devisee, or othewise, may devise before admittance.

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