And be it further remembered that, &c., [surrender to will to follow in the same form as the surrender by L. M., the customary heir of A. M., after his admittance, ante]. J. S., steward. (Form of admittance out of court, by the steward, of devisees in trust.) The manor of in the county of } Be it remembered that on the day of in the year of our Lord - D. P. of &c., and E. Q. of &c., came before J. S. steward of the said manor, at his dwelling-house, situate &c., and produced and delivered to the said steward a copy of the last will and testament (b) of F. R., late of &c., deceased, whereby he the said F. R. devised all his customary or copyhold hereditaments, situate &c., within the said manor, unto his friends the said D. P. and E. Q., their heirs and assigns, upon and for the trusts, intents and purposes in the same will expressed, declared and contained (c); and the said D. P. and E. Q. prayed to be admitted to the customary or copyhold hereditaments within the said manor so devised to them upon the trusts and in manner aforesaid, to wit, to All &c., with their appurtenances, (and to which same hereditaments and premises the said F. R. was admitted at a special court holden in and for the said manor on the day of ;) To which said D. P. and E. Q., the lord of the said manor, by the said steward, granted seizin thereof by the rod, to have and to hold all and singular the said hereditaments and premises, with their appurtenances, unto the said D. P. and E. Q., and their heirs, upon and for the trusts, intents and purposes expressed and declared concerning the same in and by the said will of the said F. R. deceased, to be holden of the lord by copy of court roll at the will of the lord, according to the custom of the said manor, by fealty, suit of court, the ancient annual rent or rents, heriots when they shall happen, and other the duties and services therefore due and of right accustomed (d); and so (saving the rights of the lord) the said D. P. and E. Q. are by the said steward admitted tenants thereof in manner and form aforesaid, and pay to the lord on such their admittance a fine certain of £- — (e), and their fealties are respited. J. S., steward. (Form of surrender, out of court by a copyholder in fee to a The manor of purchaser.) } Be it remembered that on the day of in the county of G. T. of &c., one of the customary tenants of the said manor, came before J. S. steward of the said manor, at his dwelling-house, situate &c., and, for carrying into effect a contract made and entered into by the said G. T. with H. W. of &c., for the sale to him of the customary or copyhold hereditaments hereinafter described, for an estate of inheritance in fee simple in (b) Ante, 819, n. (¿). (c) Ante, 791, n. (0). (d) Ante, 818, n. (e). possession according to the custom of the said manor, and in consideration of the sum of £- of lawful money of &c., unto the said G. T. in hand paid by the said H. W. at the time of making this surrender, did surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward by the rod, according to the custom of the said manor, All &c., with the appurtenances to the same premises belonging or in anywise appertaining, (to which said hereditaments and premises the said G. T. was admitted at a general court holden in and for the said 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, benefit, power, claim and demand whatsoever of the said G. T. in, to, or out of the said hereditaments and premises, and every part thereof, to the use of the said H. W., his heirs and assigns for ever, according to the custom of the said manor (ƒ). Taken and accepted the said day of by me, J. S., steward of the said manor (g). G. T. (Form of admittance out of court, by the steward, of the purchaser, under the last-mentioned surrender, and his surrender to will.) The manor of Whereas G. T. of &c., on this - 9 day of, in the county of - came before J. S. steward of the said manor, at his dwelling-house, situate &c., and, for carrying into effect a contract made and entered into by the said G. T. with H. W. of &c., for the sale to him of the customary or copyhold hereditaments hereinafter described, for an estate of inheritance in fee simple in possession, according to the custom of the said manor, and in consideration of the sum of £- of lawful money &c., paid to the said G. T. by the said H. W., did surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward by the rod, according to the custom of the same manor, All &c., with the appurtenances to the same premises belonging or in anywise appertaining (to which said hereditaments and premises the said G. T. was admitted at a general court holden in and for the said manor on the day of ;) and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, (f) If the quit-rent, fine, heriot, the lord's interest in trees, or any of them, or other manorial rights, should have been commuted under the 4 & 5 Vict. c. 35, for a rent-charge and small fixed fine on death, add-Subject nevertheless to the rent charge made payable in lieu of certain manorial rights by the commutation agreement entered into under the provisions of the act 4 & 5 Vict. c. 35. (g) This surrender (which formerly was presented and inrolled at the succeeding court) should be copied forthwith on the court rolls, under the 89th section of 4 & 5 Vict. c. 35. If any warrant of satisfaction should have been signed by a mortgagee for monies secured by a conditional surrender, (and which was also formerly presented and inrolled at the succeeding court,) it should be entered on the court rolls immediately before the surrender to the purchaser. interest, benefit, power, claim and demand whatsoever of the said G. T. in, to, or out of the said hereditaments and premises and every part thereof, to the use of the said H. W., his heirs and assigns for ever, according to the custom of the said manor (h). Now be it remembered that on the day of &c., the said H. W. came before the said steward out of court, that is to say, at his said dwelling-house, and by virtue of the provisions contained in an act of parliament passed in the fifth year of the reign of her present Majesty Queen Victoria, intituled “An Act for the Commutation of certain Manorial Rights in respect of Lands of Copyhold and Customary Tenure, and in respect of other Lands subject to such Rights, and for facilitating the Enfranchisement of such Lands, and for the improvement of such Tenure," prayed to be admitted to the hereditaments and premises so surrendered to his use by the said G. T. as aforesaid; To which said H. W., the lord of the said manor, by the said steward, granted seizin thereof by the rod, to have and to hold all and singular the said customary or copyhold hereditaments and premises, with their appurtenances, unto the said H. W. 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 the said 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 (i); and so (saving the rights of the lord) the said H. W. is by the said steward admitted tenant thereof, and pays to the lord on such his admittance a fine certain of £— -(k), and his fealty is respited. - J. S., steward of the said manor. day of- the said And be it further remembered, that on the said H. W. did surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward, at his aforesaid dwelling-house, by the rod, according to the custom of the said manor, All and singular the said customary or copyhold hereditaments and premises, with their appurtenances, to which he the said H. W. hath been so admitted tenant as aforesaid, to the use of such person or persons, and for such estate or estates, ends, intents and purposes as he the said H. W. shall in and by his last will and testament in writing give, devise, direct, limit or appoint the same. FORMS OF PRECEPTS, SUMMONSES, &c. [A.] (Precept to the bailiff to summon a general customary (a) court baron). The manor of in the county of } To W. Y. bailiff of the said manor. These are to require you to summon and give notice to the several and respective customary (a) tenants of the said manor of personally to appear at a customary (a) court baron, to be holden for A. Z., lord of the same manor, on —, day of at o'clock in the forenoon, at the usual and accustomed place, being the the then and there to do their respective suit and service, and pay their respective rents due to the lord of the manor of aforesaid. And these are also further to require you to give notice of the said court to all other persons in anywise concerned in the business thereof, in order that they may appear at the time and place above-mentioned, and for your so doing this shall be your sufficient warrant. Given under my hand and seal this in the year of our Lord The manor of in the county of day of J. S., steward of the aforesaid manor. (Notice pursuant to the above precept.) } Notice is hereby given to all persons whom it may concern, that a general customary (a) court baron of A. Z. will be holden for the said manor on the day of next, at o'clock in the forenoon, at the usual and accustomed place, being, &c., when and where all customary tenants of the said manor are required to attend and to perform their suit and service, and pay their respective rents due to the lord of the said manor. Dated this day of &c. [B.] W. Y., bailiff. (The oath to be administered to the homage.) "A. B. You as FOREMAN of this homage shall inquire and true presentment make of all such things as shall be given to you in charge, and of all such other matters as shall come to your knowledge presentable at this court, and this you shall do without fear, favour, affection, hatred or malice, to the best of your undertanding, So help you God." C. D., E. F., G. H. and I. K. (and so four at a time according to their (a) If there are freeholders tributary to the manor, here omit the word " Customary." seniority of tenancy.) "The like oath which A. B., your foreman, hath taken on his part, you and every of you shall well and truly observe and keep on your respective parts, So help you God." [C.] (Precept to seize quousque, after three proclamations.) The manor of in the county of and the To W. Y., bailiff of the said manor (b). day of Whereas public proclamation hath been made at three consecutive general courts baron, holden for the said manor, on the day of —, the day of (c), for [any person or persons claiming title to the customary or copyhold lands and hereditaments lying within and holden of the same manor, of which A. B. lately died seized, to come into court and be admitted thereto, and forasmuch as no person thereupon appeared and claimed to be admitted to the said lands and hereditaments:-It is commanded and ordered that you, W. Y., do seize, and you are hereby authorized and required to seize, into the hands and for the use of the lord of the said manor, all and singular the said customary or copyhold lands and hereditaments of which the said A. B. so died seized, in the mean time, and until some person or persons shall appear and make good his or their claim to be admitted tenant or tenants thereof:]—And you are hereby also commanded to make your return to this precept at the next general court baron to be holden for the said manor. Given under my hand and seal this day of in the year of our Lord [If one only of several co-heirs should neglect to claim admittance, that circumstance must be stated, and the warrant is to be confined to the undivided share of such defaulter.] (The bailiff's return to be indorsed on the above precept.) I do hereby certify that by virtue of the within precept I did this day, in the presence of S. R. and W. T., copyhold tenants of the within mentioned manor, seize the within mentioned lands and hereditaments into the hands and for the use of the lord, until &c., as commanded by the same precept. Witness my hand this day of (b) On executing the precept the bailiff' should require the occupier to attorn tenant to the lord. Ante, pt. 1, p. 289. (c) Ante, pt. 1, p. 286. When by the custom a surrenderee is compellable to be admitted, and neglects to appear after three proclamations, [ante, pt. 1, p. 291, ante, p. 747,] instead of the words within brackets say, "for C. D. to come in and be admitted by virtue of a certain surrender made &c., by A. B. of All &c., and forasmuch as the said C. D. did not come to take up &c., it is commanded &c., to seize the said customary or copyhold hereditaments into the bands and for the use of the lord of the said manor until &c." |