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(Precept to seize absolutely.) When by the custom of the manor the estate is forfeited for non-appearance of the heir or devisee, after three proclamations, the bailiff is to be commanded to make an absolute seizure, for which the above form [C] will be proper, omitting the words in italics in that precept.

And when the forfeiture is for neglect of suit and service, after a personal summons, or for executing a feoffment, leasing without licence, committing treason or felony, or the like, the precept should recite the act occasioning the forfeiture, and that the homage have upon their oaths presented that he the said (the tenant) by such, &c., hath forfeited all and singular his customary or copyhold lands lying within and holden of the said manor unto the lord of the same manor; and then conclude, “ It is therefore commanded and ordered that you, W. Y., do seize, and you are hereby authorized and required to seize, the said lands and hereditaments, with the appurtenances, so forfeited as aforesaid, into the bands of the lord of the said manor, and you are also commanded and ordered to answer to the lord the profits and esplees of the premises, and to make your return to this precept at the next general court to be holden for the said manor.

Given, &c.” And the like return is to be made and indorsed by the bailiff as on a seizure quousque, omitting the words “until, &c.”

[D.]

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(Precept to summon the Tenant, in Plaint of Customary Dower.) The manor of

To W.Y., bailiff of the said manor, greeting. in the county of

Because C. B., of &c., who (as she alleges) was formerly the wife, and is now the widow of A. B., deceased, late one of the customary or copyhold tenants of the said manor, complains against E. D., gentleman, of a plea of land, to wit, of the third part of — messuages, &c., with the appurtenances, situate lying and being in the parish of —, in the county of —, within the said manor and the jurisdiction of this court, of which said premises the said A. B. died seized, and to a third part whereof the said C. B. (as she alleges) is intitled for her life as her freebench, according to the custom of the said manor; therefore I command you that, according to the custom of the said manor, you summon the said E. D., by good summoners, to be and appear at the next court baron or customary court to be holden for the said manor, on the

day of

at the usual and accustomed place, being, &c., to answer to the said plaint; and have

you there the summoners and this precept. Given at the court baron or customary court of the said manor, under my hand and seal, this day of in the

year,
&c.

J.S., steward of the said manor.

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[E.]

county of

(Plaint in Customary Dower, and Prayer of Process.) At this court comes C. B., of, &c., formerly the wife, and now the widow of A. B., deceased, late one of the customary or copyhold tenants of this manor, in her own proper person, and complains against E. D., gentleman, of a plea of land, to wit, of the third part of messuages,

barns, stables, cow-houses, orchards, gardens, acres of land, acres of meadow and

acres of pasture, with the appurtenances, situate, lying and being in the parish of in the

- within this manor and the jurisdiction of this court, of which said premises the said A. B. died seized, holding the same by copy of court roll, at the will of the lord, according to the custom of this manor; and to a third part of which said premises the said C. B. is intitled for her life as her freebench, according to the custom of this manor : And the said C. B. makes protestation to prosecute her plaint in this court, in the form and nature of a writ of our said lord the king, of dower at common law, according to the custom of this manor, and finds pledges to prosecute her said plaint in this court, to wit, John Doe and Richard Roe; and the said C. B. prays process thereupon to be made to her against the said E. D., according to the custom of this manor.

Therefore, according to the custom of this manor, a precept is awarded and issued to W.Y., bailiff of this manor, that, &c. [Ante, p. 829.]

[F.]

(Affeerors' Oath.) “ You and each of you shall well and truly affeer and affirm the several amercements here made, and now to you remembered; you

shall

spare no one through fear, favour or affection, nor enhance any one from hatred or malice, but shall impartially act herein: So help you God.”

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[G.] (Warrant to the bailiff to assign timber for repairs.) The manor of

, . in the county of

Take notice that A. B., a copyhold tenant of the said manor, is allowed three oak trees for and towards the repairing of his tenement lying within and holden of the said manor, now in the occupation of — but for no other purpose, and the same trees to be had and taken by your assignment from and out of, &c. Given under my hand this day of, &c.

J. S.

PRECEDENTS OF DEPUTATIONS, POWERS OF ATTOR

NEY, COPYHOLD ASSURANCES, &c. (Appointment to the Stewardship of a Customary Court Baron (a);

with the powers created by the Act of 4 d. 5 Vict. c. 35)(b). . Know all men by these presents, that I, A. Z., lord of the manor of in the county of —, have made, ordained, constituted and appointed, and do hereby make, ordain, constitute and appoint J. S. of &c., to be steward of the aforesaid manor of and the members thereof, with full

power and authority from time to time to hold courts baron and customary courts for the same manor and its members, and to do all acts usual and customary to be done by stewards in relation thereunto, and also all acts authorised to be done by stewards either within or out of the manor, and without holding a court, by and under the provisions of the act of parliament of 4 & 5 Vict. c. 35, (sections 87 and 88,) accounting to me from time to time for such fines, heriots, reliefs, forfeitures, amercements and other manorial profits, as shall be received by him or by his deputy or deputies; and I do hereby more especially authorise and empower the said J. S., from time to time, as there may be occasion, to make any voluntary grants of all or any customary or copyhold lands within the said manor, and to give and execute to the tenants thereof any licences to demise or otherwise as he the said J. S. shall deem expedient, and either in or out of court, and either in or out of the manor, as fully as I myself could or might do (c): and also to appoint any deputy steward or deputy stewards (d) of or for the said manor of

and its members, with full power to hold all or any such courts as aforesaid, and to do such other act or acts as he the said J. S. could or might do as chief steward of the same manor; and also to depute any person or persons to act under him as sub-deputy steward or stewards of the said manor as occasion may require (e); but such appointment of a deputy or sub-deputy steward for the purpose of any act out of court to be made by deed only and not by parol. And I do hereby ratify and confirm all and whatsoever the said J. S., or such his deputy or deputies, subdeputy or sub-deputies shall lawfully do or cause to be done by virtue of these presents, hereby declaring that this appointment shall continue in force during my will and pleasure only. In witness whereof I have hereunto set my hand and seal, this

in the year of our Lord Sealed, &c.

A. Z. (L. S.)

day of

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(a) Ante, pt. 1, p. 110, et seq.

(b) Ante, pt. 1, pp. 102, 392. And see extract from the act, post.

(c) Ante, pt. 1, pp. 114, 115, 458.
(d) Ante, pt. 1, p. 119, et seq.
(e) Ante, pt. 1, p. 120.

(A general appointment of an under steward). Know all men by these presents, that I, J. S., steward of the manor of

in the county of by virtue of the power or authority to me given in this behalf by A. Z., lord of the said manor, have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint A. B. of &c., to be my deputy steward of the aforesaid manor of —, and the members thereof, with full power and authority from time to time to hold courts baron and customary courts for the same manor and its members, and to do all such acts in the performance and execution of the duties of the said office as I myself could or might do being personally present; and with liberty and authority to depute any person or persons to act under him as sub-deputy steward or stewards of the said manor, as occasion may require, he the said A. B. accounting to me from time to time for such fines, heriots, reliefs, amercements, and profits of court, and all fees and perquisites whatsoever arising from the said office, upon being required thereunto; and I do hereby declare that this appointment shall continue in force during my will and pleasure. In witness, &c. Sealed, &c.

J. S. (L. S.)

(Deputation to take a surrender out of court from C. D. and his wife of

lands belonging to the wife.) Know all men by these presents, that I, J. S., steward of the manor of -, in the county of —, have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint A. B. of &c., my deputy steward of and for the said manor, for the special purpose and turn only of taking and accepting a certain surrender already prepared, and bearing even date herewith, from C. H. of &c., and D. his wife, by the rod, according to the custom of the said manor, of All &c., and to which same premises the said D. H. was admitted at a general court held for the said manor, on the

day of

; and of all the estate and interest of the said C. H. and D. his wife, respectively, therein or thereto, to the use of I. L. of &c., his heirs and assigns for ever, according to the custom of the said manor, pursuant to a contract by the said C. H. and D. his wife for the sale of the same premises to the said I. L. And I do hereby authorize and empower the said A. B., as my deputy steward, to examine the said D. H. separately and apart from her said husband as to her free and voluntary consent to the said surrender, and generally to do and perform all acts, matters and things for the purposes aforesaid as fully and effectually to all intents and purposes as I myself could or might do being personally present; the said A. B. duly accounting to me for such fees, sum and sums of money as shall be received by him for my use by virtue of this appointment, upon being thereunto required. In witness, &c. Sealed, &c.

J.S. (L. S.)

day of

(License to demise.) The manor of 2 Be it remembered that on the in the county of S in the year of our Lord -, A. Z., lord of the said manor, by J. S. the steward thereof, did, out of court, give and grant to C. D., one of the customary tenants of the said manor, full license, power and authority to demise and lease to any person or persons, willing to take the same as lessee or lessees to the said C. D., but not by way of mortgage, his or their executors, administrators and assigns, All &c., with the appurtenances, (to which same premises the said C. D. was admitted tenant at a court held for the said manor on the

day of ->) to hold for any term or number of years, not exceeding computed from the day of — last; saving always to the lord of the said manor, and to all and every lord and lady, lords and ladies of the said manor for the time being, all and all manner of fines, heriots, rents, customs and services therefore due and of right accustomed. And for this licence the said C. D. hath paid for a fine the sum of £ (when there is a settled fine, add, “ according to the custom of the said manor "].

J. S. steward.

years, to be

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(Licence to fell timber.) The manor of

Be it remembered that on the day in the county of $ &c., A. Z., lord of the said manor, by J. S., the steward thereof, did, out of court, give and grant to C. D., one of the customary tenants of the said manor, full licence to fell, within calendar months from the day above mentioned, - oak trees, standing and growing in a certain close called -, part of the copyhold tenements of the said C. D. within the said manor, and already marked for that purpose by the woodward of the said A. Z.; and the same to sell and dispose of, or convert to his own use, at his free will and pleasure, without rendering any account for the same [or, the same to be used and employed by the said C. D. in the repairs and improvement of his aforesaid tenement, (as the case may be)]. And for this licence the said C. D. hath paid by way of fine the sum of £--

J. S. steward.

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(Letter of attorney to surrender to a purchaser, the purchase-money having

been previously paid.) Know all men by these presents, that I, A. B. of &c., one of the customary or copyhold tenants of the manor of in the county of have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint C. D. of &c., my true and lawful attorney, for me and in my name to appear at the next or any subsequent court baron or customary court to be holden for the said manor, or before the lord or lords, lady or ladies of the said manor, or the lawfully constituted steward or deputy steward, out of court, and either in or out of the manor, VOL. II.

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