feme covert or her husband, and the committee of the lunatic, see Abst. of the 11 G. 4 & 1 W. 4, c. 65, Append. No. V. 3. By the 55 G. 3, c. 184, an admittance requires a stamp of 11. when the clear yearly value exceeds 201., but where it is under that value, a 5s. stamp, and also a further progressive duty of 11. for every entire quantity of 1080 words above the first 1080, and when there is more than one admittance on the same piece of vellum or parchment, the proper duty to be paid in respect to each. The copy of court roll of any admittance requires the same duty. Manor of F. S Be it remembered that on the day of in the county of 18 (Tenant) of &c. came in his proper person (a) before me A. B. lord (or "steward") of the manor of F. afd and prayed to be admitted to all and singular the customary messes lds tents and heredts situate lying and being within and pcl of the sd manor and all and singr or. the preses with the apts thereunto belonging to which sd preses the said (T.) became intitled as eldest son and hr at law of (I. H.) decd late a copyhold or customary tenant of this manor. To whom I the sd A. B. as lord of the sd manor personally granted seisin thereof by the rod (or To whom the lord of the sd manor by me his said steward granted &c.) To hold to him the sd (T.) and his hrs for ever by copy of court roll at the will of the lord or lords for the time being (or, if the admittance be by the steward, say in the common form" at the will of the lord") according to the custom of the sd manor by the several yearly rents and services therefore due and of right accustomed. And the sd (T.) gave to the lord for his fine £ but the fealty was respited (b). And so saving to the lord his right the sd (T.) was admitted tenant to the sd preses in manner and form afd No. XXVIII. Stamp. In the (S. S. presence of R. R. A. B. lord (or (a) Or in the case of an infant, feme covert or lunatic, "by C. D. of &c., gent., his (or her) guardian, (attorney or committee)." (b) Where in the case of an infant, feme covert or lunatic, the fines are not Exception. paid on admittance, then omit this clause, and add " and so saving" &c. VOL. I. H Affirmations by Separatists. Declarations substituted for oaths and affidavits. Oaths &c. to be taken in court. Voluntary oaths abolished. Declaration of attesting wit ness. Affidavits ex empt from stamp duty or other wise. AFFIDAVITS, AFFIRMATIONS OR DECLARATIONS. 1. Affirmations by Quakers, Moravians 2. Declarations substituted for Oaths 3. Ouths &c. to be taken in Court. 4. Voluntary Oaths abolished. 5. Declaration of attesting Witness. Sect. 1. By the 3 & 4 W. 4, c. 49, amending and extending the 8 G. 1, c. 6, and 22 G. 2, c. 46, s. 36, Quakers and Moravians are permitted to make a solemn affirmation or declaration instead of an oath or affidavit in all cases where an oath is required, and falsely affirming is made punishable as perjury. By c. 82 of the same statute a similar provision is extended to a description of dissenters called Separatists, see further, Dig. and Ind. p. i. tit. AFFIRMATIONS; p. ii. tit. QUAKERS. 2. By the 5 & 6 W. 4, c. 62, provisions are made for abolishing oaths, affidavits and affirmations; by (s. 2) in all official matters relating to the excise, customs &c.; by (s. 9) in the case of churchwardens and sidesmen; by (s. 10) in the case of persons acting in turnpike trusts; by (s. 11) in taking out a patent; by (s. 12) in the case of pawnbrokers; by (s. 14) in transferring stock. 3. By (s. 7) of the last-mentioned statute, oaths and affirmations are to be administered, taken and made as before in all judicial proceedings in courts, or in any proceedings before magistrates by way of summary conviction. 4. By (s. 13) of the same statute, justices of the peace are not to to administer or receive voluntary oaths or affidavits touching matters whereof they have no jurisdiction; but by (s. 18) any justice of the peace, or notary public, or other officer now by law authorized to administer an oath in confirmation of written instruments, or allegations, or proof of debts, or of the execution of deeds, may now take and receive the declaration of any person voluntarily making the same. 5. By (s 16) of the same statute, a declaration in writing by any attesting witness is to be sufficient to prove the execution of any will or codicil. 6. By the 55 G. 3, c. 184, affidavits not made for the immediate purpose of being filed or used in any court of law or equity, are liable to the stamp of 2s. 6d. for every sheet, or piece of paper, parchment or vellum, on which the same shall be written or authorized by law. It is presumed that declarations being substituted for affidavits will be liable to the same stamp duty. As to the limit of the exemption of affidavits from the stamp duty, see 4 & 5 V. c. 34 (Dig. p. iii. tit. LAW PROCEEDINGS). No. XXIX. Affidavit on the Grant of Administration with the Will annexed. Obs. As to the different kinds of administration, and the affidavits required by the Stamp Acts, see Dig. p. ii. tit. ADMINISTRATION, EXECUTORS. A. B. (a) of &c. maketh oath and saith that the paper writing now produced by this deponent (b), for the purpose of being proved, to the best of this deponent's belief (c) is and contains the last will and testament of C. D., late of in the county of , deceased, who, as this deponent has been informed and believes, departed this life on or about the last past, and was buried on or about day of day of next thereafter, at in the same county (or as the case may be); and this deponent further saith, that the personal estate and effects of the said testator, to which he was intitled at the time of his death beneficially, and without making any deduction or allowance by reason or on account of the debts or lawful demands of or upon the said testator, are under the amount or value of £ Sworn (d) &c. (a) If it be a Quaker or Moravian, see Pref. s. 1, say, "I, A. B. of &c. being one of the people called Quakers (or one of the persuasion of the United Brethren called Moravians,") do upon this solemn affirmation made according to the rites of my religion declare that," &c. If it be a Separatist, say, "I, A. B. of &c. do in presence of Almighty God solemnly, sincerely, and truly affirm and declare that I am a member of the religious sect called Separatists, and that the taking an oath is contrary to my religious belief, as well as essentially opposed to the tenets of that sect: And I do also declare in the same solemn manner that I this affirmant did," &c. (b)" By me this affirmant." (c)" Of my, this affirmant's, belief." (d)" Affirmed." No. XXIX. Administration. No. XXX. Of a Creditor. No. XXX. Affidavit of a Creditor on applying for Letters of Administration where the Executor is abroad. Obs. By the 38 G. 3, c. 87, s. 2, it is provided, that at the end of twelve calendar months after the death of a testator, if the executor is out of the jurisdiction of the courts, special administration may granted upon the application of any creditor, next of kin or legatee, grounded upon an affidavit to the effect following, see Dig. p. ii. tit. ADMINISTRATION. A. B., of &c. (a), maketh oath, that there is due and owing to him on bond (or "simple contract," or "account stated," as the case may be), from the estate and effects of late of testator. (Deponent.) No. XXXI. By an Executor or Adminis trator. p. No. XXXI. Affidavit by an Executor or Administrator of Deficiency of Obs. This affidavit is required by 55 G. 3, c. 184, s. 51, see Dig. A. B., of &c., maketh oath, that probate of the last will of (a) As to the form where it is a Quaker, Moravian or Separatist, see ante, Pref. s. 1. (b) Where it is a next of kin or legatee, instead of the affidavit of debt, say "A. B. &c. maketh oath &c. that he is the next of kin of &c.," or "" a legatee named in the will of &c." (c) Where it is a next of kin or legatee" of administering to the estate and effects of &c. for the purpose of obtaining his share of the same," or " of obtaining the legacy given to him by the said will.” (testator) [or "letters of administration of the estate and effects , which, No. XXXI. By an Executor or Adminis trutor No. XXXII. Affidavit of the Execution of Deed of Submission to Arbitration. Obs. Before an award can be enforced under 9 & 10 W. 3, c. 15 (see Dig. p. ii. tit. ARBITRATION), the submission must be made a rule of court, for which purpose there must be an affidavit of the execution of the deed of submission by one of the witnesses; and where there are several parties to the deed, it must be shewn that all have executed the deed, Antram v. Chace, 15 E. 209; and see Biddel v. Dowse, 6 B. & C. 255. As to the exemption from the stamp duty, see Pref. 6. In the Q. B. (or other court of which the submission is to be made a rule.) A. B. of &c. maketh oath and saith, that he was present at the execution of the bond or obligation (or "agreement," as the case may be), hereunto annexed, and made or expressed to be made by E. H. of &c. therein mentioned, and did see him duly sign and seal, and as his act and deed deliver, the said bond or obligation; and that the names E. H. and A. B. set and subscribed thereto are respectively the proper handwriting of the said E. H. and this deponent. No. XXXII. (Deed of Sub- |