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ments, or hereditaments, within that part of Great Britain called England, and the dominion of Wales, for their neglect or refusal to come to any court or courts to be kept for any manor or manors whereof such messuages, lands, tenements, or hereditaments are parcel, and to be admitted thereto, nor for the omission, denial, or refusal of any such infant or feme covert to pay any fine or fines imposed or set upon their or any of their admittances to any such copyhold messuages, lands, tenements, or hereditaments, any law, usage, or custom to the contrary thereof notwithstanding.

Sec. 6, enacts, That if the said fine or fines imposed in any of the cases before mentioned, shall not be warranted by the custom of the manor, or shall be unlawful, that then such infant or feme covert shall be at liberty to controvert the legality of such fine or fines, in such manner as he or she might have done if this act had never been made, any thing herein contained to the contrary notwithstanding.

The Steward's Fees.

410. It is much to be regretted that a scale of fees has not been prepared by competent authority, so as to get rid of the irregularity in charging which has so long existed, particularly as the fees might be so charged as to do justice to the stewards as well as

the tenants.

Mr. Serjeant Scriven, in his work on Copyholds, states that the fees are guided by custom, and in default of such a custom, on the principle of giving the steward a fair emolument for his services, as determined in the case of Everest v. Glynn, 6 Taunt. 427 ; and though the case of Attree v. Scutt, 6 East, 476, by giving separate fees for each tenant, when several admitted as tenants in common, would appear to lean to the allowance of a larger scale of fees than one based on the principle referred to; yet on examination it will appear not to do so, as in the case of tenants in common each would require a copy admis

sion; and there appears nothing in Attree v. Scutt to shew that the separate sets of fees were in respect of the presentation of death as well as the admission and copy, and consequently that the steward was only paid for his increased work in the admissions.

411. The most just way of applying the principle of making the fees equivalent to a fair remuneration for the services performed, is to so fix them that the steward should receive as much as under a fair and liberal allowance in conveyancing charges he would obtain for the same services. This mode of acting on the principle in Everest v. Glynn, will do justice to both parties; and conformably with it are the scales of fees here given; and it should be remarked, that the fees given are from actual bills of fees paid to stewards :

:

412. Fees on Absolute Surrenders out of Court.

Examining feme covert (paid by vendor)
Taking surrender, 6s. Sd.; presenting,

6s. 8d.; entry, (if usual length) 68. 8d. If longer than usual, add 8d. per 72 words. The fees for taking, &c. are paid by pur

chaser on admission.

Deputation fee, if passed before deputy steward (paid by vendor) .

413. Absolute Surrender in Court.

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Paid stamp and parchment, (charged with other stamp in admission)

414. Conditional Surrender in Court. The same as absolute surrender, with addition of copy or stamp, according to length

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13s. 6d. to 110

And paid stamp and parchment.

415. Conditional Surrender out of Court.

The same as absolute surrender.

416. Satisfaction on Conditional Surrender.

(If not unusually long)

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417. Proclamations, each

Where the copyhold is extensive, 10s. will be sometimes charged for proclamation and entry, but the usual fee is 6s. 8d.

A fee of 3s. 4d. is sometimes charged for reciting proclamation, but if the fees are closely looked to, is considerably objectionable.

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418. Award of seizure and precept to seize. These charges generally vary with the value of the property, and would be in a small copyhold 6s. 8d. for each; but the precept being a document under seal, sometimes 17. ls. will be charged for award and precept, and in some instances 17. 11s. 6d. ; but the former is more just, taking into consideration the amount of work

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419. Seizure and Return. The charges vary according to the distance, the value of the property, &c. but may be in general fixed at 420. Presentment of death and entry

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10s. or 0 13 4

421. Admission in common cases, 13s. 4d.
to 16s. Sd.; Entry and copy, each
the like, usually together.
If by attorney, 6s. 8d. additional; and

if copy long, 31. 3s. will frequently
be charged for these items.

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Ac etiams (or different parcels,) each,
Stamp and parchment (amount paid) about

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Clerk, (this fee is too often pocketed by £ s. d. 2s. 6d. or 0 5 0

the steward)

Crier, 1s. on each proclamation, and on

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422. Surrender in Court, and Admission. Certificate of consideration, 6s. 8d.; Examining feme covert, 6s. 8d.; Taking surrender, 6s. 8d.; Entering, 10s. ; Admission, 13s. 4d. to 16s. 8d.; By Attorney, 6s. 8d.; Entry and copy, each, 13s. 4d. to 16s. 8d.; Clerk, 5s. ; Crier, 1s.; Stamp and parchment,

25s.; Respiting fealty 5s.; total about 5 5 0

423. Death presented, and Devisee admitted. Presenting death and entry, 13s. 4d.; Fees on surrender to will, 13s. 4d.; Clause from will, 6s. 8d. or 10s.; Admission, entry, and copy, 21., or 3l., or 31. 3s., according to length; other fees as before.

424. Surrender out of Court and Admission.

Examining feme covert, 6s. 8d., (this fee is paid by vendor); Taking, presenting and entering surrender, 17.; Admission, &c. as before.

425. Admissions, and 1st or 2d Proclamations.

The only difference will be the addition of the charge for proclamations.

426. Admission under Bargain and Sale from Executors.

The only difference between this and the admission of devisee above, will be the addition of any proclamations, and the fee of 6s. 8d. for presenting; and 10s. or 13s. 4d. for enrolling in part the bargain and sale.

427. Admission under a Bunkruptcy. Presenting bargain and sale, 6s. 8d.; Enrolling in part, 13s. 4d.; Fees on surrender, 17. 6s. 8d.; Admission entry and copy, two to three guineas, according to value of property, as the admission will be long. Fees for stamp, clerk, &c. as before.

428. Admission of Infant Heir.

The additional fee will be 13s. 4d. for appointment of guardian and entry.

429. Admission on Re-grant.

The only difference will be the charges for awarding seizure, precept, and returning seizure.

430. Admission on Forfeited Conditional Surrender. Searching for surrender, 6s. 8d.; Reciting, 6s. 8d.; Admission, &c. as in other cases.

431. Admission of Tenants in Common.

Single fees for presenting death, or on surrender and proclamation, and separate fees for admission, entry, and copy.

432. Admission of Joint Tenants.

Usually an addition made on account of increased length, Some stewards add fees in the same way as fines, but it is presumed such a practice would not be supported.

433. Acknowledgment of Free Tenure,-6s. 8d. unless by attorney, and then 13s. 4d.

434. Surrender and Release.

Certificate of consideration, 5s.; Taking surrender and entry, 17.; Copy, if required, 10s.; Stamp and parchment, the amount paid. If the surrender is very special, of course a proportionate alteration should be made,

435. Licences will be charged according to their importance, as in case of licence to fell timber, merely

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