XVIII. APPOINTMENT of a DEPUTY STEWARD, KNOW ALL MEN BY THESE PRESENTS, That I [steward], of &c., steward [by patent] of the manor of in the county of -, hereby appoint [deputy], of &c., my deputy Appointment steward (u), to hold a special court for the said manor, on the of a deputy day of next, or on some day before the steward, day of next, and then and there as my said deputy steward, to admit [heir] (eldest son and heir at law of [ancestor], deceased, late a copyhold or customary tenant of the said manor), tenant to all and singular the premises which the said [ancestor] held of the said manor, and of which he died seised, that is to say; to one messuage, &c., within the manor aforesaid: To hold to him the said [heir], his heirs and assigns, at the will of the lord, according to the custom of the said manor. AND immediately after his said and take admission, to accept and take from the said [heir] a surrender mortgage by the rod of all and singular the said premises, To the use of [mortgagee], of &c., his heirs and assigns; But with a condition that the said surrender shall be void on payment, by the said [her], his heirs, executors, administrators, or assigns, to the said [mortgagee]; his executors, administrators, or assigns, of the sum of [mortgage-money], and interest for same, after the rate of five pounds per centum per annum, on the day of next ensuing: AND FURTHER, to perform and execute the said office in my stead, as far as I have here constituted and deputed him the said [deputy] my deputy as aforesaid, in all things, as fully and effectually as I could do surrender. General authority. RENDER FROM WIFE. (u) If it be to take a surrender, either in or out of Court, say, "to take one or more surrender or surrenders, according to TO TAKE SURthe custom of the said manor, of and from [vendor], of &c., and [wife], his wife, she being first solely examined touching her consent thereto, after the usual manner of surrenders in the like cases, of All that messuage, &c. To the use of [purchaser], of &c., his heirs and assigns, according to the custom of the said manor. AND FURTHER to perform and execute," &c. ut supra. XVIII. Special De myself if I were personally present, and performed and puty Steward. executed the same myself: The said [deputy] duly accounting to me for all heriots, fines, fees, and perquisites, that shall be due and received by him for the purposes aforesaid. Deputy to pay fines, &c. to steward. IN WITNESS, &c. (x). Parties. First Testatum. Appointment of steward; to hold all manner of courts; and to de mand fee of office. Stamp. XIX. GENERAL APPOINTMENT of a Solicitor to the several Offices of STEWARD, GAMEKEEPER, RECEIVER, and MANAGER, of large Estates; with Authority to sell Timber, to contract for granting Leases and Renewals, and to appoint Deputy Stewards, Bailiffs, Agents, &c.; the Moneys the Steward shall receive to be applied in paying himself a Poundage, Law Charges as Solicitor of the Trustees, and for Surveying, &c.; in paying Salaries, &c. to Deputy Stewards, &c.; in paying Annuities charged on the Estate; in paying Expenses of Repairs; and to account for and pay the Residue to the Trustees. THIS INDENTURE, made the day of BETWEEN [owner], of &c., of the one part, and [steward] of &c., of the other part, WITNESSETH, and the parties hereto mutually covenant and agree as follows: 1. The said [owner] hereby constitutes and appoints the said [steward] to be the steward of all those the said several manors or lordships of &c.: AND ALSO to hold all and singular the [courts leet, courts baron, courts of view of frankpledge, customary, and other] courts within the said manors, or any of them: AND to demand, sue for, and recover, have, receive, and take to and for the proper use and benefit of him the said [steward], all manner of fees, perquisites, profits, wages, rewards, and advantages whatsoever, to the office of steward of the said manors belonging or appertaining, and which have heretofore been accustomed to be had and received by the steward or stewards thereof respectively, to and for their respective use and benefit, for or by reason of the office of steward. (x) Stamp, ad valorem on annual amount of emoluments. See ante, p. 812, note (p). XIX. Steward, Manager. of game 2. The said [owner] hereby also appoints the said [steward] henceforth to be the gamekeeper for him of the several manors Gamekeeper, or lordships hereinbefore named, with full power, licence, and Receiver, and authority to preserve or kill (y) the game within the limits of the said manors, or any of them, for the use of the said Appointment [owner]: AND ALSO to seize and take, for the use of the said keeper, [owner], all such dogs, nets, and other engines and instru- to kill game, ments for the killing or taking of game as shall be used and seize enwithin the said limits by any person not authorized to kill game for want of a game certificate: And generally to execute and to do all such things and perform all such matters and things, for the preservation for preserving of the game within the said manors, as he the said [owner] might or could do if personally present. gines; the game as the person appointing could. Appointment 3. The said [owner] hereby also constitutes and appoints the said [steward] his receiver, agent, and attorney, in of receiver of the name of him the said [owner], to demand, sue for, recover, and receive, by all lawful ways and means whatsoever, of and from the present and future tenants and occupiers of the said manors, lands, hereditaments, and premises; and also of and from all other persons liable train; to pay the same, ALL the rents, issues, fines, and other rents, fines, profits, that are now in arrear and unpaid, and which shall heriots, &c. hereafter grow due and be in arrear for or in respect of the same manors, lands, hereditaments, and premises, or any of them, or any part thereof: AND upon non-pay- On non-payment of the same, or any part thereof respectively, to enter ment, to disand distrain upon the hereditaments liable thereto; and the distress and distresses then and there found, to take, impound, detain and keep, or otherwise to sell and dispose thereof according to law. AND ALSO to commence and pro- to bring acsecute any actions or other proceedings which the said tions, &c.; [steward] may think necessary or advisable, for the recovery of the said rents, issues, fines, and profits, and for recovering, receiving, obtaining, and getting possession of the said manors, lands, and hereditaments, or any of them, or any fines, heriots, rents, sum or sums of money, duties, or services in respect thereof: And the same actions or proceedings, to prosecute, or to discontinue, or otherwise to act therein as he the said [steward] shall think proper or be advised: AND to give reupon receipt of the same rents, arrears of rents, issues, and ceipts for rents, &c. XIX. Steward, profits, or any part thereof, for him the said [ourner] to give Gamekeeper, effectual receipts and discharges for the same. Receiver, and To sell tim ber; to give re of timber; to empower purchasers to carry away timber, and to make sawpits, &c. 4. The said [steward] may and shall from time to time, as he shall think proper, sell, and enter into contracts for sale of any timber and underwood, growing and being upon any of the manors, lands, and premises which he the said [owner] is, under or by virtue of the said will, authorized and empowered to fell and cut down: AND ALSO to sign and execute effectual ceipts for purchase-money receipts and discharges for all sums of money which may become payable for and in respect of the sale of any such timber: AND ALSO to empower the respective purchasers of all or any such timber and underwood by themselves or their agents and workmen, to enter on the manors, lands, and premises whereon the same shall be growing, and with or without horses, carts, and carriages to carry away the same: And to make sawpits and charcoal pits, and to do all such other acts as shall be necessary for converting, ordering, and managing the said timber and other trees on such convenient and proper places on the manors, lands, and premises whereon the same shall be growing or standing, as shall be from time to time assigned and set out by the said [steward]. To inspect the 5. The said [steward] may and shall from time to time, estates, and order repairs; in the name of him the said [owner], enter into and upon and inspect and survey all and every the said manors, lands, hereditaments, and premises at his free will and pleasure; and view, search, and see the state and condition and defaults and wants of repair of the same, and of the buildings and the hedges and ditches thereof, and of want of cultivation of all and every part and parts of the same lands: And repair and give orders, and enter into any contract for employing any person or persons in repairing the same; insure and keep insured against loss or damage by fire any buildings or any effects or property of an insurable nature upon the hereditaments aforesaid, by effecting in the name of the said owner such policy or policies for such sum or sums, and under such premium or premiums as the said [steward] shall think fit: AND ALSO, for and in the name of the said [owner], and as his act and deed, from time to time, enter into, and execute any contract or contracts for any lease or leases, or for the renewal of any existing lease or leases, of all or any of the said lands and hereditaments, for such fines and under such rents, for such terms and upon to contract for granting leases, and renewals. XIX. Steward, Gamekeeper, Manager. such conditions, as shall be conformable to the powers of leasing herein before recited, or any other power vested in the said [owner] in that behalf: AND GENERALLY, inspect, Receiver, and manage, oversee, and superintend all and singular the said manors, lands, hereditaments, and premises: And do any inspect, imGenerally to act, matter, or thing for the improving and supporting the prove, &c. the same and the income thereof, and the interest of the several persons entitled thereto in possession and remainder in every particular, in the most beneficial manner and to the best advantage, and as the said [steward] shall, according to his uncontrolled discretion, think proper. estates. stewards, bailiffs, agents, sur attornies; 6. The said [owner] hereby gives full power and authority Power to apunto the said [steward], from time to time, as he shall think point deputy proper, to appoint any person or persons to be his deputy receivers, steward or stewards of all or any of the manors and hereditaments aforesaid, and also to be his deputy receiver or veyors, or receivers, bailiff or bailiffs, agent or agents, surveyor or surveyors, attorney or attornies, for recovering or receiving the rents, issues, and profits aforesaid, or any of them, or any part thereof, and for making, executing, and completing any such contract or contracts for sale of timber, and granting leases as aforesaid, and for surveying and repairing and managing and improving the hereditaments aforesaid; and also to act in all and singular the premises in the same manner as he the said [steward] is hereby empowered to act therein And also from time to time to change and remove and to remove them, and any such deputy stewards, bailiffs, receivers, agents, sur- appoint veyors, or attornies, and to appoint any others in his or their others. stead, when and so often as to him the said [steward] shall seem meet: AND GENERALLY, for him the said [steward] to General do, execute, and perform any other act, deed, matter, or thing power to whatsoever relating to all or any of the manors and hereditaments aforesaid, as fully and effectually, to all intents and purposes whatsoever, as the said [owner] might or could steward. do if personally present: And the said [owner] hereby agrees Ratification to ratify and confirm all and whatsoever the said [steward] of his acts. shall lawfully do or cause to be done in or about the pre mises. apply the 7. The said [owner] hereby authorizes and directs the said Authority to [steward] to apply and dispose of, and account for all and steward to singular the moneys which shall come to his hands by virtue moneys, of these presents, and of the powers and authorities hereby |