as to the party, adding "by you his attorney." [See form, 479.]

Admissions are more frequently taken by attorney than personally, as no power of attorney is necessary; and when the party and his solicitor live at a distance from the manor, the expence of their attendance is saved by requesting the steward to admit the party by attorney at the next Court, and the steward upon being so instructed, admits the party by his clerk, or any other person present at the court as attorney. The additional fee on such admission, whether the solicitor or the party attends, or the admission be taken by any other person, will be 6s. 8d.

385. The admission is shortly entered in the minute book, with a reference to the book and folio where the previous admission took place, and which contains the description of the parcels; and in the margin is entered the amount of the fine, and when and where to be paid, (usually three weeks after the court,) at the place where the court was held.

Since 55 G. 3, no surrender to will is taken, except in the case of a married woman.

The fine is not payable till admission, nor is it usual to state the amount previously.

386. The steward is entitled to his fees before admission; (see Stamp Act, 48 G. 3,) but very seldom avails himself of his right; and usually either delivers his bill of fees at the court, or sends it to the party or his solicitor, shortly afterwards.

The subject of fines is fully treated of in 404 ; and of fees, in 411, &c.

387. Warrants to enter satisfaction on conditional surrenders, are merely presented and entered in the minute book shortly; and the like as to entry of licences to demise, pull down buildings, &c.

388. Within a reasonable time after the court, the steward draws the court fully, and as to admissions and conditional surrenders passed in court, makes stamped copies on parchment for delivery to

the parties, inserting the title of the court, adding the word "at" before the words, "a general court, &c.," omitting the names of the homage, and substituting the words "amongst other things it is thus enrolled;" then proceeding with the copy of the particular admission, adding at the end, examined by me, A. B., steward."

389. The copies should be made out within four months, as otherwise under the stamp act, the steward would be subject to a penalty of 50l.; but it is too frequently the case that stewards omit to make out the copies till applied to for them.

390. The stamps will be found in Appendix 355, and it will be borne in mind that on admissions under surrenders in court, a surrender as well as an admittance stamp must be impressed.

391. In well conducted manors, a duplicate of the court books is kept; and the importance of carefully examining the courts and copies, and making a strictly accurate index, need scarcely be adverted to.

In the Appendix will be found a full set of presentment papers, and minute books for five courts, with the forms of proclamations, entries of courts, stamps, &c. See. 452, &c.

The other points connected with the steward's duties remaining to be considered, are :—the right of parties to surrender: the like as to admittance: the enforcing admittance: the fines on admittance, and heriots: the recovery of quit rents: amending court rolls: inspection of rolls: and the steward's fees.

392. The right of parties to surrender.—A husband may surrender to use of his wife; Bunting v. Lepingwell, 4 Co. 29, b.; Scriven, 147; and in p. 146, it is stated that it seems a surrender by husband and wife, of wife's lands, she being examined, will be good even if she he an infant. A surrender by an infant, if it appear on the face of it to be for his benefit, as to obtain renewal on copyholds for lives, will be voidable only. Zouch v. Parsons, 3 Burr. 1794, 1804; Ashfield v. Jones, 157. But an infant

cannot exercise a power when coupled with an interest. Heacle v. Greenbank, 1 Ves. 299; and 3 Atk. 695.

A person not in seisin as contingent remainder man, or heir in life of ancestor, cannot surrender. Doe d. Blacksall & al. v. Tomkins & ux., 11 East, 185. A reversioner and vested remainder man, may, however, surrender.

A surrenderee cannot surrender before admittance, nor will he forfeit by felony before admittance, but otherwise as to an heir. See Scriven, 151, 152. An heir may surrender without admittance on payment of a fine. Scriven, 346. A copyholder has not a right to surrender in a manner injurious to the lord's interest, as without impeachment of waste; and the steward may refuse to take such surrender. Scriven, 340.

393. The like as to Admittance. Of course on this head the only thing to be cared about by the steward will be the obtaining as many admissions as are required, as it is no part of his duty to throw impediments in the way of admissions, except where an attempt is made to avoid an intermediate one or payment of a fine, as by surrender from an heir without payment of a fine: surrender by an unadmitted surrenderee, &c.

The right to admittance is not affected by death of the surrenderor or surrenderee. In the former case the surrenderee will be still entitled to admission, and in the latter case the heir of the surrenderee, and who will be held a trustee for the devisee of the surrenderee. See Scriven 339; but see King v. Turner, 1 Sim. & Stu. 545.

The lord is not compellable to admit by attorney. See Scriv. 349.

394. Enforcing Admittance.

Against the Heir.-This is by proclamations and seizure; but should the heir be beyond sea at the time of the descent and proclamations, he is not bound by a custom that land should be forfeited after three proclamations; but if he leave after first pro

clamation, or it seems after descent, unless without notice of the descent, it would seem he is bound. See Scriv. 343. But this it is presumed would not apply to a seizure quousque, but merely to an absolute seizure for a forfeiture.

395.-Against Heir or Devisee being an Infant or Feme Covert.-Where the party claims by descent or surrender to will, and does not come into court by guardian or attorney within three courts (9 G. 1, ch. 29), it shall be lawful for the lord or steward, after three courts and proclamations, to nominate and appoint at any subsequent court or courts, any fit person to be guardian for infant or attorney for feme covert, for that purpose only, and by such guardian or attorney to admit any such infant to all and every the messuages, &c., and upon such admittance to impose and set such fines as might have been imposed and set if such infant or feme covert had been of full age or sole. See 409, where an abstract of the act, and the provision for obtaining payment of the fine, are given. This act does not prevent the lord from proclamations, and seizing quousque, where no demand is made by the party to be admitted under the act. Scriv. 389.

396. Of a Devisee generally.-By proclamations and seizure, quousque.

397. Of a surrenderee.—It is only by custom that the lord can compel admission of surrenderee whilst surrenderor is living; but such custom is however very general, and the proceedings will be by proclamations and seizure, quousque.

398. Of Executors. Of course, executors having under a properly drawn will, merely a power, are not compellable to be admitted, except, that if unable to dispose of the property by the third court, they must either take admission themselves, or allow the heir to do so, in order to avoid seizure.

On copyholds for years, the executors must be admitted.

399. Trustees.-Where the parties have an estate,

and not a simple power, they must be admitted; but the lord cannot compel all to take admission, if one offers to do so. See Scriv. 354.

400. Of Remaindermen.-The admittance of tenant for life being that of remaindermen, except where custom exists requiring such admission, the lord cannot compel such admission. See Scriv. 353, and cases therein cited. This custom exists in many

manors.

401. Coparceners.—One admission only can be compelled, but of course the parties not admitted cannot accept a release from the one admitted; and on the death of the party admitted, a fresh admittance would appear requisite. The heirs of a coparcener must in all cases be admitted.

402. Tenants in Common must all be admitted; and on death of one, his heir's admission is compellable in the usual way by proclamations and seizure.

403. Mortgagees.-A fine will be due on admission under forfeited conditional surrender, and also on readmission of mortgagor. Scriv. 391; but admission of mortgagee cannot be compelled whilst mortgagor is living.

404. The Fines on Admission.

In some manors, and sometimes on particular copyholds of other manors, the fines are certain; in other cases, and more generally, they are uncertain, or, as they are commonly termed, fines arbitrary; but such fines must be reasonable, and two years' improved value, deducting quit rent but not land tax, is the amount recognized by the courts. See Halton v. Hassell, 2 Stra. 1042; Grant v. Astle, 2 Doug. 722; and the cases referred to in Scriven, 373.

Where several lives are admitted as joint tenants, two years are to be charged for the first life, one year for second, half-year for third, &c. Wilson v.

Hoare, 1 B. & A. 350. The same principle of charging fines is usually adopted on admission of tenant for life and remainderman.