the second proclamation was made in like manner as aforesaid, and that no person then coming to claim admittance the second default was recorded. And they further find and present that, at another general customary court baron held in and for this manor on the day of the third proclamation was made in like manner as aforesaid, and that no person then coming to claim admittance the third default was recorded. Now at this court comes the said B. B. an infant, viz. of the age of years or thereabouts, (the heir according to the custom of this manor of the said A. B. deceased,) by C. D. of &c., the attorney of the said B. B. to the said copyhold hereditaments hereinafter described appointed by the said steward, under and by virtue of the power in that behalf given to him in and by an act of parliament passed in the first year of the reign of his late majesty King William the Fourth, intituled, " An Act for consolidating and amending the Laws relating to Property belonging to Infants, Femes Covert, Idiots, Lunatics, and Persons of unsound Mind," and prays to be admitted to all and singular the copyhold and hereditaments lying within and holden of this manor whereof the said A. B. died seized, to wit, All &c., with the appurtenances to the same premises belonging or appertaining, To which said B. B., in the person of the said C. D. his attorney, the lord of this manor by the said steward grants seizin thereof by the rod: To have and to hold the said copyhold hereditaments and premises, with the appurtenances, unto the said B. B. and his heirs, to be holden of the lord by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; And so (saving the right of the lord) the said B. B. (by the said C. D. his attorney,) is admitted tenant thereof;-And the sum of £ is imposed and set by the lord as a fine upon such admittance, and the fealty of the said B. B. is respited. (Acknowledgment by M. N. of payment and satisfaction of monies secured by the conditional surrender of K. L.) - - (2). At this court comes M. N. of &c., and acknowledges to have received of K. L. of &c., on the day of now last past (d), the sum of £, being the full amount of all principal and interest monies secured to him the said M. N., by and under a conditional surrender of certain customary or copyhold hereditaments, lying within and holden of this manor, made by the said K. L. to the use of the said M. N. and his heirs, at the last general court, and under which surrender the said M. N. was admitted at the same court; and the said M. N. therefore prays that the said steward will enter his acknowledgment of satisfaction of the afore (d) This the author has supposed to be the day on which the money was made payable, so that the condition of the surrender was strictly performed, and in that case the surrenderor might re-enter without new admittance. Ante, pt. 1, pp. 194, 295, 347. See a similar entry where the condition was forfeited, ante, p. 760. said principal and interest monies on the court-rolls of this manor: Whereupon satisfaction is entered by the said steward accordingly. (Acknowledgment of satisfaction of monies secured by the conditional surrender of P. Q. to R. S. deceased; and Re-surrender from the heir of R. S. to P. Q., and his admittance.) (3. a). At this court comes A. B. of &c., sole acting executor of the last will and testament of R. S. of &c., and acknowledges to have received of and from P. Q. of &c., all principal and interest monies secured and made payable under and by virtue of a conditional surrender of certain customary or copyhold hereditaments, lying within and holden of this manor, made by the said P. Q. to the use of the said R. S. and his heirs, at a general court held for this manor on the day of [or made &c. and inrolled at the last general court as the case may be], and under which surrender the said R. S. was admitted at the same court; and the said A. B. therefore prays that the said steward will enter his acknowledgment of satisfaction of the aforesaid principal and interest monies on the court-rolls of this manor: Whereupon satisfaction is entered by the said steward accordingly (e). (3. b). And afterwards at this court comes C. S. of &c., eldest son and heir, according to the custom of this manor, of the said R. S. deceased, and in consideration of the payment and satisfaction in manner aforesaid of the principal and interest monies secured by the said conditional surrender, in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor All &c., with the appurtenances, to which said hereditaments and premises the said R. S. was admitted at the last general court held for this manor, under and by virtue of the aforesaid conditional surrender; and the reversion &c., and all the estate &c., to the use of the said P. Q., his heirs and assigns for ever, according to the custom of this manor. (3. c). Now at this court comes the said P. Q. &c. [then P. Q. is to be re-admitted]. (Presentment of the death of L. O., and first proclamation; presentment of his will, and admittance of T. C. and W. B. his devisees in trust.) (4. a). At this court the homage present the death of L. O., late one of the customary tenants of this manor, and thereupon proclamation is made for any person or persons claiming title to the customary or copyhold here (e) The money not being paid in this case at the time it became due, a re-surrender from the heir of the mortgagee would be necessary, which follows, with the re-admittance of the mortgagor. Ante, pt. 1, pp. 194, 342. For the mode of entering satisfaction upon the court-rolls, under this and the preceding acknowledgment, see ante, p. 760. ditaments, lying within and holden of this manor, whereof the said L. 0. died seized, to come into court and be admitted. (4. b). And afterwards at this court the homage present that the said L. O., in and by his last will and testament in writing, bearing date the day of (the probate whereof is produced in court), gave and devised all his customary or copyhold hereditaments, situate &c., within this manor, unto his friends T. C. and W. B. and their heirs, upon and for such trusts, intents and purposes, as in the same will are expressed (f). (4. c). Now at this court come the said T. C. and W. B., and pray to be admitted to the customary or copyhold hereditaments within this manor so devised to them as aforesaid, upon and for the trusts, intents and purposes expressed concerning the same by the said will of the said L. O. deceased, to wit, to All &c., with their appurtenances, and to which same hereditaments and premises the said L. O. was admitted at a special court holden in and for this manor on the day of : To which said T. C. and W. B., the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold all and singular the said hereditaments and premises, with their appurtenances, unto the said T. C. and W. B., and their heirs, upon and for the trusts, intents and purposes expressed and declared concerning the same in and by the said will of the said L. O. deceased, to be holden of the lord by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed, and so (saving the right of the lord) the said T. C. and W. B. are admitted tenants thereof in manner and form aforesaid, and pay to the lord for a fine on such their admittance the sum of £— of the lord's favour (g), and their fealties are respited. - (Presentment of the death of M. R., and first proclamation; presentment of her will, and admittance of A. B. the devisee for life.) (5. a). At this court the homage present the death of M. R., widow, late one of the customary tenants of this manor, and thereupon proclamation is made for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor, whereof the said M. R. died seized, to come into court and be admitted. (f) When the trusts are very long, and of a contingent nature, it may be desirable to admit the trustees, with a general reference to the will, leaving the particular trusts to be presented and recorded, together with the eventual circumstances, calling for a surrender on the part of the trustees; ante, pt. 1. p. 405, et seq. (g) The author has here supposed the fine to be arbitrary.-To prevent its being considered a fine certain, the amount should be varied from that which was paid by L. O. on his admittance; ante, pt. 1, pp. 340, 357, et seq. And the admittance being of two persons as joint-tenants, the lord would be entitled to a larger fine than he could have claimed if there had been only one trustee; ante, pt. 1, p. 320, et seq. (5. b). And afterwards at this court the homage present that the said M. R., in and by her last will and testament in writing, bearing date &c., (the probate whereof is produced in court,) gave and devised all &c., lying within and holden of this manor, unto A. B. and his assigns for the term of his life, with such remainders over as in the same will are expressed. (5. c). Now at this court comes the said A. B., and prays to be admitted to the customary or copyhold hereditaments lying within and holden of this manor, so devised to him for his life as aforesaid, and with such remainders over as in the said will of the said M. R. deceased are mentioned, to wit, to All &c., with the appurtenances, and to which same premises the said M. R. was admitted at the last general court holden for this manor; to which said A. B., the lord of this manor, by the said steward grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with their appurtenances, unto the said A. B. and his assigns, for the term of his life, and with such remainders over as in the said will of the said M. R. are expressed, and according to the purport and true meaning of the same will, to be holden of the lord by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed, and so (saving the right of the lord) the said A. B. is admitted tenant thereof in manner aforesaid, and pays to the lord for a fine on such his admittance the sum of £- · (h) of the lord's favour, and his fealty is respited. (Admittance of B. B., an infant, as heir of A. B., and appointment of guardian.) (6. a). At this court, after the first proclamation having been made at the last general court held for this manor, for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor, whereof A. B. then lately died seized, to come into court and be admitted, comes B. B., an infant of the age of years, or thereabouts, eldest son and heir, according to the custom of this manor, of the said A. B. deceased, and prays to be admitted to the said hereditaments, to wit, to All &c., with the appurtenances, to whom &c. : [admittance to follow in the ordinary form, and then an appointment of guardian, (if such be the custom of the manor) (i), thus:] (6. b). And because of the infancy of the said B. B., the lord of this manor, by the said steward, doth grant and commit the wardship of the customary or copyhold hereditaments and premises, to which the said B. B. hath been so admitted as aforesaid, unto C. D., his next of kin, to whom the same hereditaments and premises cannot descend, until the said B. B. shall attain his full age, according to the custom of this manor, he the said C. D. answering such services as are or ought to be performed by him, as such guardian as aforesaid, according to the cns (h) As the admittance of a tenant for life is the admittance of all in remainder, the fine is to be assessed accordingly ; ante, pt. 1, pp. 294, 342. tom of this manor, and rendering a full and just account when thereunto required. (Revocation of guardianship assigned by the lord.) (7). Because the aforesaid C. D. did not perform the conditions on which the said custody was granted as aforesaid, but contrary to the trust reposed in him, the said B. B. (the infant) and his customary lands illtreated, and abused his power in that behalf committed; wherefore the custody or wardship of the said infant, and of his customary or copyhold tenements, heretofore committed to the said C. D. as aforesaid is accordingly by the lord of this manor revoked, and to all intents and purposes utterly and absolutely annulled (k). (Admittance of E. D., widow, to the tenements assigned to her for freebench.) (8). At this court, after a second proclamation made at the last general court held for this manor, for any person or persons claiming title to the customary or copyhold hereditaments lying within and holden of this manor whereof C. D. then lately died seized, to come into court and be admitted, comes E. D., the widow of the said C. D., and prays to be admitted for the term of her life, according to the custom of this manor, to the hereditaments hereinafter described, being such part of the customary or copyhold hereditaments holden of this manor, and of which the said C. D. so died seized, as hath been set out for the customary dower of her the said E. D. by F. D., the eldest son and heir, according to the custom of this manor, of the said C. D. deceased (1), to wit, to All &c., with the appurtenances, and to which same premises (together with other hereditaments) the said C. D. was admitted at a general court held for this manor on the day of to which the said E. D., the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with the appurtenances, unto the said E. D. and her assigns for her life, to be holden of the lord by copy of court-roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed, and so (saving the right of the lord) the said E. D. is admitted tenant thereof in manner and form aforesaid, and pays to the lord for a fine on such her admittance the sum of £- --, of the lord's favour, and her fealty is respited. [This form, with little variation, will serve for the admittance of the widow to a moiety of customary gavelkind land, to be held by agreement in common with the heir; see Rob. Gav. 227, et seq., 3rd ed.; ante, pt. 1, pp. 77,78; and also for the admittance of the husband tenant by the curtesy of a portion only of the wife's land; see references in n. (t) infra.] (k) 2 Watk. on Cop. 108. (1) Entry and admittance seem to be necessary when the dower is, as here supposed, of a portion of the land, and not of a portion of the interest in the land; ante, pt. 1, pp. 77, 297 et seq., 349. And see particularly Chapman v. Sharpe, 2 Sho. 184. |