6s. 8d., which is generally paid at the time of passing the surrender, being payable by the surrenderor; the other fees on absolute surrenders are however most frequently paid at the time of admission under the surrender.

369. The steward's duty out of court on warrants to enter satisfaction on conditional surrenders, will be merely the giving a receipt on the duplicate, and placing the original with the other papers for presentment at the next court. The usual fee is 13s. 4d., though, if long and special, rather more is sometimes charged.

370. On preparing abstracts of title, the steward will at the foot sign a certificate, which may be as follows: Abstracted from the court rolls of the manor of W., this day of, &c. A. B., steward." The usual charge is 10s. 6d. per sheet, and sometimes an extra 7s. for certificate.

371. Searches for incumbrances are frequently made by stewards at the request of parties about to advance money on a conditional surrender, and the steward certifies that there are no incumbrances within the period for which the search is made; but as with illiberal practitioners there is too frequently an attempt to curtail the fee for a long search to a common search fee of 78., and the steward takes great responsibility upon himself in giving the certificate, it is better, when the parties live near, to allow the party to make the search himself, charging him a reasonable amount for attending with the rolls, and which might perhaps be about 7s. for each 50 or 100 pages, according to their size and the particular nature of each search.

372. A steward is often requested to certify an abstract of title prepared by another party as being correct; but as hardly a case occurs in which a dispute does not arise with respect to the fees, a steward should in most cases refuse to make such certificate, and leave the party to effect such examination on

payment of the usual search fee. This being an indirect and not very fair way of getting the advantage of a steward's abstract, and transferring the emolument into the hands of another person, it really calls for no great courtesy on the steward's part, and might perhaps justify him in refusing to allow any comparison with the rolls, offering the party a search without notes, as at the ecclesiastical courts with respect to wills.

373. When a steward is requested to certify as to the custom of a manor relative to descent, &c. it is the practice to do so, and the usual fee, as the steward is presumed to have no lengthened search to make, will be 7s.

374. The steward will, of course, take a minute of all deaths, of waste committed, and of the different documents to be presented, and business to be transacted at the next court.

On it appearing that sufficient business has arisen to render it expedient to hold a court, the steward will proceed to hold one.

375. Courts may be held at any place within the manor, but cannot be held out of the manor, except where by special custom courts for several manors may be held in one of them. See Scriven Cop. 690; and see Doe dem. Leech and another v. Whittaker, 5 B. & A. 409, which case also decided, that though a steward could not grant out of the manor, a lord might, the admission being certified at the next

court.

376. There are no particular times at which courts must be held; but except in small manors there are generally three courts in a year, so as to allow all parties about a year's time for taking admission.

377. The court may be held before the steward or his deputy, or it may be held before the lord. The number of homage is in most manors two.

378. Having fixed the time at which he intends to hold a court, the steward will prepare a notice (see Form 442) to be affixed at the place where the

court is to be held, and frequently the court is also advertized (being a copy of the notice for a single court, and as in 443, when more than one court is to be advertized); but as notice is given to the parties deemed likely to attend, such advertisement may often be dispensed with.

Notice is sent to the bailiff of the manor, and either the steward requests two of the copyhold tenants to attend, or directs the bailiff to do so no formal precept is issued.

The steward then writes to all the parties to whose ⚫ use surrenders have been passed, and the executors, heirs, or devisees of tenants dead, apprizing them of the court, and whether it be the first, second, or third court, and requesting instructions for admissions previously to the court, so that the minutes may be prepared and the fines calculated.

379. Before the Court, the steward makes inquiries as to the value of each property to which admission is expected, and confers with the lord as to the amount of the fines to be charged, and also as to any commutation to be made for heriots, (the law as to which, see in Scriven, 423,) and which are most usually compounded for at a fixed sum.

380. He also prepares the heading of the minute book and presentment paper; refers to the previous admissions; and, as far as he can, makes out the minutes of the business to be transacted, the presentments, and sometimes his own bill of fees. Forms of minute book and presentment paper, will be found in Appendix, Nos. 452, &c.

381. At the time fixed for holding the court, he directs the bailiff to open the court, which he does accordingly. See form, Appendix; and the steward then swears the homage, (see forms, Appendix 444 and 445) and enters their names in the minute book.

Having thus formed the court, he proceeds to presentments, which, from his previous memoranda are complete, except as to any deaths, &c. with which

S

he is unacquainted, but which are known to the homage. Forms 452, &c., will shew the mode of entering the presentments.

No formal charge is made to the homage, but the steward merely goes through the presentment paper, saying "Gentlemen, you present, &c." reading the presentment paper in the second person. He then calls over the names of the tenants, and asks the homage if they have any thing further to present.

The steward then enters in the minute book a memorandum of any admissions which may have taken place before the lord since the last court.

He next proceeds to the admissions, generally taking those on proclamations or seizure first, and those on surrenders in court last; but where the minutes are not previously prepared, the admissions are often entered in the minute book in the order in which they take place; the arrangement being altered so as to follow the general rule in drawing out the court for entry in the court books.

The memorandum of any conditional surrenders, presented or taken in court, is then entered in the minute book, and the like as to warrants to enter satisfaction on any conditional surrenders.

Having thus disposed of the business which is completed by admission, or does not require admission, the steward next proceeds to the entry of absolute surrenders, presented or taken at the court, and the proclamations thereon; and afterwards the presentment of deaths with the proclamations.

He also, on the third proclamation being made, awards seizure, and issues the precept to the bailiff to seize until admission, and to make return at the following court. Entries of return of seizure, when made, are usually inserted near the beginning of a

court.

Licenses are generally entered after the admissions, or conditional surrenders.

A general outline of the business at the court is thus given, and the practice will be found more

minutely in the subsequent part, giving the forms of presentments, minutes, entries, &c, commencing with the more immediate presentments and admissions, and proceeding to admissions on proclamations, re-grant, forfeited conditional surrenders, &c.

It may, however, be useful to first give the mode of taking surrenders in court, and of granting admissions.

On a

382. A surrender in Court is thus taken. party proposing to surrender, the steward must, under the Stamp Act, obtain from him a certificate of the consideration money, with a view to the payment of stamp duty;—the forms will be found in Appendix, Nos. 499, & 507; and stewards generally keep blank forms so as to save time in preparing them at the court. On the certificate being signed, the steward proceeds to the wife's examination separately from her husband, as in a surrender out of court, and then takes the surrender verbally, according to the form No. 498, using the second instead of the third person, and enters a short memorandum of the surrender in the minute book. If an absolute surrender, either admission takes place or a proclamation is made; but on conditional surrenders, no proclamation is made, as admission is not taken; a copy is however to be afterwards made on stamp for delivery to the mortgagee. The fees will be found in 415.

383. The mode of admission is as follows:-The steward hands the party about to be admitted the rod or other customary symbol, and after reading or stating the surrender or presentment and proclamations under which he claims, adds " Whereupon you the said A. B. pray to be admitted, &c. [See admissions, post, 469, &c.] "And thereupon the lord, by me his steward, grants and delivers to you seisin thereof by the rod," &c., as in admission, to the end, using the second person, and adding at the end, "In token whereof I deliver you this rod."

384. Should the party be admitted by attorney, the only difference will be the using the third person