property, other than in respect of intailed lands, are unrepealed by the above stat. of 3 & 4 W. 4. Insolvency (a). The steward is to inrol the conveyance and assignment of the insolvent's real and personal estate from the provisional to the general assignee, and by which, under the provisions of the act of 7 Geo. 4. c. 57, the copyhold property of the insolvent becomes vested in such general assignee, without his admission (b). Inclosure allotments (c). 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, and then admission will follow on the prayer of each copyholder; the recital of such act and 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 (d). 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 (e). 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. (a) Ante, pt. 1, pp. 374, 375-6. (b) And note that any powers of appointment over copyholds exerciseable by a person becoming insolvent, may be exercised by the general assignee, so as to intitle an appointee to claim to be ad mitted. Ante, pt. 1, p. 375-6. PRECEDENTS OF COURT ROLLS. FIRST COURT. The manor of in the county of [Copyholds of Inheritance.] A General Court Baron of A. Z. (a), lord of the said manor, holden in and for the said manor, on the in day of the year of the reign of our sovereign Lord William the fourth, by the grace of God of the united Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord Before J. S., steward of the said manor. John Doe, Thomas Styles, Homage Richard Roe, Sworn William Goodtitle, &c. &c. (Presentment of the death of A. B., 1st proclamation, and admittance of C. B. his customary heir (b).) (1. a). At this court the homage present the death of A. B., late one of the customary tenants of this manor; and thereupon pro (a) When a feme covert is lady of the manor, the style of the court should be "A general court baron of A. Z. "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 14 years (ante pt. 1, pp. 111, 473) is lord of the manor, the courts should be held in the name of the socage guardian until the infant is out of ward. 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. (b) Each copy to be made as evidence of title, is to contain the several correVOL. II. sponding 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 courtroll and copy; and the title of each entry, (which I propose 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. S clamation 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 A. B. died seised, 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., 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 seised 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 for this manor, on the day of To which said C. B. the lord of this manor, by the said steward, grants seisin 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., and first proclamation.) (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 seised (a), to come into court and be admitted. (Presentment of his will and admittance of E. F. his devisee.). (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. (2. c). Now at this court comes the said E. F., and prays to were surrendered by him to the uses "of his will." 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, to [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 seisin thereof by the rod, to have and to hold the said hereditaments and premises, with their appurtenances, 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.) (a). (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 seised, to come into court and be admitted, but no one comes, therefore let a second proclamation be made at the next court (b). (a) Ante, pt. 1, p. 263. (b) No copy is necessary. (Presentment of an absolute surrender from I. K. to N. O. of an undivided moiety, in consideration of an annuity, and admittance of N. O.J (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 L secured to 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 (a)· (4.6). Now at this court comes the said N. O., and prays to be admitted to the said undivided moiety, hereditaments, and premises so surrendered to his use as aforesaid; to whom the lord of this manor, by the said steward, grants seisin 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 (a) The presentment of the surrender out of court should be included in the copy, but it would not require a stamp. |