Page images
PDF
EPUB

Sect.

479. (F)

480.

481.

482.

483.

484.

485.

Admission of devisee, where no proclamation.
to several copyholds in one admission.

to the like in separate admissions.

after first proclamation.

Second proclamation.

Third proclamation, and award of seizure.
Seizure.

486. (G) Admission of heirs, where widow not admitted to freebench, before or after proclamation. Where widow admitted to freebench, the like. Daughters as Coparceners.

487.

488.

489.

490.

491.

492.

Appointment of guardians on admission of infants. of widow to freebench.

husband to curtesy.

Admission of infant or feme covert, under 9 G.1.

493. (H) Admission on surrender out of court without

proclamation.

After first proclamation.

Second proclamation.

Third proclamation, and award of seizure.
Seizure.

Admissions on surrender in court.

certificate of consideration on.

Admissions under bargain and sale from execu

tors.

Admission on sale under bankruptcy.

Admission of two or more, as joint tenants.

tenants in common.

Admission under forfeited conditional surrender.

494.

495.

496.

497.

498. (I)

499.

500. (K)

501. (L)

502. (M)

503.

504. (N)

505. (0)

Admission to a remainder or reversion.

506. (P)

507.

508. (2)

509.

510.

511.

512.

513.

514.

Conditional surrender in court.

certificate of consideration thereon.

Surrender and release of dower or freebench

Apportionment of rent.

Acknowledgment of free

Licence to demise.

fell timber.

equity of redemption.

by heir or other party

possessing right.

tenure.

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

Amerciaments, and conclusion of court.

519. (S) Surrender in lieu of recovery and admission.

520. (T) Surrender and admissions before the lord.

Page 213, &c. A full Abstract of the Act 1 Victoria, ch. 26, for the Amendment of the Laws with respect to Wills.

PART I.

COPYHOLD PRACTICE.

COPYHOLD PRACTICE.

PRACTICE ON ADMISSIONS.

On behalf of Devisee.

SECT. 1. THE solicitor for a devisee will make extracts from the will, giving the date, name, and description of the testator; the parts devising the property to the party claiming; and, though not absolutely necessary, it might be as well to state the court in which and date when proved, as the steward's mention of the proof on the court rolls will frequently save expense in searching for the will in after transactions.

These extracts should be delivered or sent to the steward, with instructions for admission, either before or at the court wherein admission is intended to be taken. The instructions need not be in any particular form, and are usually in a letter to the steward, requesting that he will, at the next court, admit the party after the death of the testator under the will, of which extracts are sent.

2. The admission should regularly be taken at the first, second, or third court after the death, and which generally gives about a year's time; but as a fee of 6s. 8d. (and, according to the charge of some stewards, 10s.) is charged for each proclamation and entry, and the fees are otherwise enlarged by increased

length of admission, and as the steward, on behalf of the lord, frequently makes some abatement in the fine, or rather asks a somewhat less fine, if the tenant comes in soon, it is in general better to take an early admission; and a still stronger reason exists, which is, that the devisee has not a devisable interest before admitted. See Wainwright v. Elwell, 1 Mad. Rep. 627; see also Wright v. Banks, 3 B. & A. 664 ; King v. Turner, 1 Sim. & Stu. 545; and Phillips v. Phillips, 1 Mylne & Keen, 649.

3. Either the party attends personally and takes admission, or attends by attorney; and more frequently than otherwise (with a view to save expence) if the devisee's solicitor lives at any distance from the place where the court is held, he merely gives the steward the above instructions, and the steward's clerk, or any other person present at the court, takes admittance.

4. The steward's fee on admittance by attorney is 68. 8d., whether the devisee's solicitor or the steward's clerk attends.

5. Should the party not attend at the third court, the steward awards seizure, and issues a precept directing the bailiff to seize the copyholds, and to make return at the next court; unless, therefore, the party should come in at the third court, the steward's fees will be very considerably increased on the re-grant at a subsequent Court.

6. Under 48 G. 3, c. 149, s. 34, the steward is entitled to demand payment of his fees before admission; but this demand is scarcely ever put in force.

7. The lord is not bound to, nor does he generally declare, the amount of fine till admission takes place; but such amount is by law limited to two years' improved value, deducting quit rent, but not land tax. (See Grant v. Astle, Doug. 722; also Halton, Bart. v. Hassell, 2 Strange, 1042. See also on the subject of fines, Earl Verulam v. Howard, 4 Moore & Payne, 148; Wilson v. Hoare, 1 B. & A. 350; and cases therein cited.) The fine is however

« EelmineJätka »