XIV. Protector. said estate tail, or respective estates tail, under the said will of the said [testator] deceased, in the room of the said [retiring protector], and jointly with us; with all such discretionary powers, authorities and privileges, in all respects, as if he the said [new protector] had been appointed a protector of the said estate tail or estates tail in and by the said will of the [testator] deceased. IN WITNESS, &c. (k) Grant. A steward appointed by parol, by one solely seised, has the same powers as if deed. XV. APPOINTMENT of a STEWARD (1) of a Manor. KNOW ALL MEN BY THESE PRESENTS, that I [lord (or lady)], of &c. (m), hereby give and grant unto [steward], of can only be exercised in case a vacancy occur by death or relinquishment. In case of the incapacity of any protector, the Lord Chancellor or Lord Keeper is intrusted with his authority: sect. 33. If the owner of the prior estate for life, or estate determinable with life, is made one of the protectors, he should be prohibited from acting as protector in case of the office becoming, by the death or retirement of his coadjutors, vested solely in him, or otherwise it would seem he might do. The effect of such a declaration is to constitute the Court protector until the vacancy in the protectorship is supplied under the power. (k) This appointment, and the relinquishment of the office of protector by the retiring protector, if it is made by a separate deed, must be inrolled in Chancery within six months after the execution stat. 3 & 4 Will. 4, c. 74, s. 32. (1) A voluntary appointment of a steward of a manor by a lord or lady, solely seised of the manor, is frequently notified to the steward by word or letter, without any formal appointment being made. For a steward, either of a court baron or of a court leet, Co. Litt. 61 b., may be retained by parol; and this appointed by retainer by parol is as effectual in all points until the steward is discharged, as the most effectual institution by patent or deed. A steward thus retained may examine a feme coverte, or take a surrender, either in or out of Court, although there be no special custom to warrant; Smithson v. Cage, Cro. Jac. 526; or make voluntary admittances, or do any other act incident to the office of a steward, as well as if he had a grant thereof by a patent or deed Co. Cop. s. 45, Tr. 104; Harris and Jay, 4 Rep. 30 a.; Lady TO CONTINUE : (m) If it be wished that the stewardship should continue, notAFTER LORD'S withstanding the lord's decease, add, DEATH. "for me, my heirs and assigns, have," &c. of a Manor. &c., gentleman, the office of steward of my manor [or manors] XV. Steward of in the county of [and of every of them]: AND I appoint the said [steward] steward of the said manor Appointment. [or manors, and of every of them], to hold all courts baron and customary courts belonging to the said manor [or manors, or any of them], at the usual times the same have been accustomably holden, and at such other times as he the said [steward] shall think fit and requisite: To HOLD the Habendum said office of steward, and to receive the fees and profits thereto belonging, by the said [steward], or his sufficient deputy, during (n) my will and pleasure (o): And I hereby during plea sure. to the steward or of an ag Holcroft's case, 4 Rep. 30 b.; Hargr. n. Co. Litt. 59 a. (1); Gilb. Ten. 221, 313. But a patent is necessary to the making of stewards But it is of the King's manors: Harris and Jay, 4 Rep. 30 a.; Cro. Eliz. otherwise as 699; Co. Čop. s. 45, Tr. 104; Hargr. n. Co. Litt. 61 b. (1); of the king, 5 Gwil. Bac. Abr. 189; vide Rev. stat. 1 Anne, c. 1, ss. 5, 8. So in the case of a corporation aggregate, a patent or deed is gregate correquisite Co. Cop. s. 45, Tr. 105. See further, 19 Vin. Abr. poration. 596, Steward (F.).; Com. Dig. Copyhold (R. 5); Leet (M. 1). The acts of a steward de facto, like those of a lord de facto, are valid so far as they are merely ministerial: Doe d. Burgess v. Thompson, 1 Nev. & P. 215; 5 Ad. & El. 532. Surrenders may by custom be taken by another person than the steward or the lord, as where S., holding, by patent from the lord, the office of clerk of the castle of F. within the manor, claimed a customary right to take surrenders, concurrently with the steward's right: Doe d. Stilwell v. Mellersh, 1 Nev. & P. 30; 5 Ad. & El. 540. (n) If the stewardship be to continue, notwithstanding the lord's decease, say, "during the will and pleasure of me the said [lord], my heirs and assigns." TO CONTINUE AFTER LORD'S DEATH. (0) In the case of a solicitor whose stewardship is deter- Discharged mined, the Court will exercise a summary jurisdiction to compel steward, a him to deliver up the court-rolls and muniments of his employer: solicitor, Ex parte Corpus Christi College, 6 Taunt. 105. See also Ex parte mandamus to compelled by Grubb, 5 Taunt. 206; Cocks v. Harman, 6 East, 405; Hughes V. deliver courtMayre, 3 T. R. 275. Although a solicitor has a lien upon all rolls. papers delivered to him in that character, not only for professional business in the matter of the papers, but for all professional business whilst they remain in his hands; yet he has no lien, as solicitor, on papers which he receives as steward: Chapernown v. Scott, 6 Madd. 93. Vide infra, tit. MORTGAGES. As to whether the steward is bound to allow inspection of the rolls, see Rex v. Lucas, 10 East, 235; Rogers v. Jones, 5 D. & Ry. 484; Ex parte Hutt, 7 Dowl. P. C. 690; Warrick v. Queen's College, Oxford, L. R., 3 Eq. 683; Owen v. Wynn, 9 Ch. D. 29. of a Manor. XV. Steward authorize the said [steward] from time to time to make and execute any voluntary grants of all or any customary or copyhold lands within the said manor, and to give to the tenants thereof licences to demise, or otherwise, as he the said [steward] shall deem expedient: And also to appoint any deputy or deputies for all or any of the purposes aforesaid, with all or any of the powers of the said [steward] as such chief steward, and with power to such deputy to appoint any sub-deputy. IN WITNESS whereof, I, the said [lord], have hereunto set my hand and seal, the day of Recital of XVI. APPOINTMENT of a DEPUTY STEWARD. TO ALL TO WHOM THESE PRESENTS SHALL COME, I steward's ap- [steward], of &c., gentleman, send greeting. WHEREAS (2) pointment. DURING GOOD The steward granted for "during the life of him the said [steward]." The lord of a manor may, by deed, grant the stewardship of the manor and of the courts thereto belonging for the life of the grantee Litt. 378; Co. Litt. 233 b.; Bartlett v. Downes, 3 B. & Cr. 616. If during good behaviour, say, 'during such time as he the said [steward] shall well and faithfully perform the duties of his said office." Where one made a grant for years of the stewardship of a ship of a court court leet and court baron, it was held to be void as to the court leet cannot be leet, being a judicial office; but good as to the court baron, years, but of where the office was merely ministerial, the suitors being the a court baron judges of that court; but the grant appearing afterwards to be years, determinable the death of the lessee, it was held good for both; because there was no danger of its going to executors or administrators: Howard v. Wood, Sir T. Jones, 126; 2 Lev. 245. may. Stamp. A recital is for upon (p) If the grant or appointment be made by letters patent, deed, or other writing, the stamp duty on it must be charged according to the annual salary, fees, or emoluments, appertaining to the stewardship, as regulated by the stat. 33 & 34 Vict. c. 97, Sched. tit. Admission. (9) It is not requisite that the original appointment should be not requisite. recited: Parker v. Kett, 1 Lord Raym. 660; Com. Dig. Poiar (C. 4). day of 18-, gave and Steward. [lord], of &c., esquire, by deed-poll under his hand and seal, XVI. Deputy dated on or about the granted unto me the said [steward], the office of steward of his manors of in the county of -, and every of them: And did thereby appoint me steward of the said manors, and every of them, to keep and hold all courts belonging to the said manors, or any of them, at the usual times the same had been accustomarily holden, and at such other times as I should think fit: To hold the said office of steward, and to receive the fees and profits thereto belonging, by me or my sufficient deputy (r), during the will and pleasure of the said [lord], Now KNOW YE, that I the said Appointment of deputy [steward], by virtue of the power and authority given me by steward. the said [lord], hereby appoint [deputy], of &c., gentleman, my deputy steward of the said manors, and every of them, any Authority of steward to appoint a deputy. (r) It seems that a steward cannot appoint a general deputy unless he be authorized so to do, either by the terms of his own appointment, Co. Cop. sect. 46, Tr. 107; Gilb. Ten. 284, 320, or by the special custom of the manor: Lord Dacre's case, 1 Leon. 288. But where a deputy may be appointed, the extent of his Authority of authority is as great as the steward's own authority, and his deputy. office consists in performing the self-same duties that the high steward himself is to perform: Co. Cop. sect. 46, Tr. 107. It was formerly held, that a deputy steward could not admit out of Court, without a particular custom, Co. Cop. ubi supra, or an authority from the lord or head steward for that purpose: Bro. Abr. Court Barron, pl. 22; Tenant per Copie, pl. 26. However, A deputy later authorities established, that a deputy steward may do steward may act which his principal might have done : Parker v. Kett, 1 Lord admit out of Raym. 659; 1 Salk. 95; 12 Mod. 467, S. C. A deputy steward cannot make a general deputy; because it implies an assignment steward canA deputy of his whole power, which he cannot assign over: 5 Bac. Ab. not make a 208, Officers (L). For a For a deputy being only one who is autho- general rized himself, he cannot delegate that authority; and if a deputy deputy. might make a deputy, such second deputy might also do the same; and so ad infinitum, which would be highly inconvenient: Lib. Reg. 446. But every steward, or deputy steward, may Every steward authorize another to do any special act for him; as to hold a or deputy court, to take surrenders, and make grants by copy and admit- steward, may appoint tances: Lord Dacre's case, 1 Leon. 288; Gilb. Ten. 284; Parker another to do v. Kett. Court. any special A general or a special deputy steward may be appointed by act. writing or by parol: Co. Cop. sect. 46, Tr. 107; 1 Leon. 288; 1 A deputy may Lord Raym. 661. However, the appointment of a deputy for be made by either purpose is most usually made by writing under hand and seal. An ad valorem stamp is required, according to the annual value of the emoluments, &c., ante, p. 812, note (p). word, by writ- Steward. XVI. Deputy during my will and pleasure, to perform, and execute the said office in my stead in all things as effectually as if I myself were personally present at the doing thereof: He the said [deputy], from time to time, whenever he shall be by me required so to do, duly accounting to me for all fines, heriots, and profits of the said courts; and also for all fees, perquisites, rewards, and profits, from the said office arising. IN WITNESS whereof, I the said [steward] have hereunto set my hand and seal, &c. Appointment of a deputy steward. Habendum for joint lives of steward and deputy; and to take all fees, &c. Reddendum, a yearly sum to steward. XVII. APPOINTMENT of a DEPUTY STEWARD of KNOW ALL MEN BY THESE PRESENTS, That I, [steward], of &c., gentleman, steward of the manors of and in the county of, hereby appoint [deputy], of &c., gentleman, my deputy or under-steward of the said manors, to perform and execute the said office in my stead, in all things, as effectually as I could do myself if I were personally present, and performed and executed the same: To HOLD and exercise the said office of deputy-steward of me the said [steward], during the term of our joint natural lives (8) (or during my pleasure); AND TO TAKE and have, during the said term, for performing and executing the said office, all fees, wages, rewards, and profits, to the same office belonging: YIELDING AND PAYING (f) nevertheless therefor unto me the said [steward], yearly during the said term, the clear yearly sum of £ on the every year. IN WITNESS &c. day of in (s) If the steward be not steward for life, of course he cannot appoint for the joint lives: Vide ante, p. 812. (t) Frequently there is also a bond for this purpose. |