payable within a reasonable time after the court, usually three weeks.

8. The steward either at the court, or shortly afterwards, delivers or sends his bill of fees, the propriety of which the devisee's solicitor will see into, and should he be unable to adjust the amount with the steward, he will on behalf of his client make such a tender as he deems sufficient, and leave the steward to his remedy by action. It is however much to be regretted that the amount of fees charged by stewards differ very greatly, and that considerable diversity of opinion exists with regard to the amount of the different items which ought to be allowed. The principle which the Courts seem to lean to is that of giving the steward a fair remuneration for his services, and the most just way of so doing appears to be the allowing as much as in a liberal scale of conveyancing costs would be charged for the same work and skill. In the part relating to Court-Keeping (s. 431, &c.) some full observations and precedents of fees will be found; and reference to the following cases will be found useful on this head: Everest v. Glynn, 6 Taunt. 425; Attree v, Scutt, 6 East, 476; Garland v. Jekyll, 2 Bing. 293; Rer v. Rigge, 2 B. & A. 550.

9. The steward is bound to deliver the copy admission on demand at the expiration of four months, and at all events to make it out by that time. (See 48 G. 3, c. 149, s. 33.) This duty, however, is too frequently neglected, till repeated applications are made for the copy, notwithstanding the penalty imposed by the Act.

Admission of Purchaser.

10. The instructions will comprise the extracts from the bargain and sale, if under an executorship, with the production of the original for presentment by the homage; but where a surrender is passed, it will in itself contain sufficient instructions. The fees will be found in s. 431, 432, &c.; and it might

bc remarked, that except by custom, a lord cannot compel admission of surrenderee during life of tenant; but, it should be added, that such custom is pretty general. Section 3 to 9 will also apply in general to admissions of purchaser.

Admission of an Heir.

11. In this case the only difference will be the substitution of a particular description of the party claiming, and of his right for the clause from a will.

12. It must be borne in mind, that the descent is in very few manors to the eldest son, but according to the particular custom of the manor, which should be ascertained by application to the steward, or from other authentic information, before instructions for admission. The custom in most manors is that of borough English, being to the youngest son; but in some manors gavelkind descent prevails, which is in favour of all the sons equally. The customary descent only extends as particularly named, and not to collaterals; thus, the eldest brother, or the eldest son of the eldest brother, will succeed in default of children. See Ratcliffe v. Chaplin, 4 Leo. 242; S. C. Godb. 166; 12 East. 62; Roe d. Berbie v. Parker, 5 T. R. 26; and see generally on this head Scriven on Copyholds, 34, &c.; and 1 Coventry on Copyholds, 223, &c.

13. Should the steward refuse to admit, but which however it would be against his interest to do, application may be made to King's Bench for mandamus to compel him. See Rex v. Brewer's Company; 4 Dowl. and Ry. 492.

To a Widow's Freebench.

14. Except by custom, the widow is not dowable (Brown's case, 4 Co. 22 a); but by custom of very many manors she is entitled to one-third of the copyholds which her husband stood admitted to at the time of his death, as freebench, and in some

manors to other portions, and in some manors has a freehold dowable right.

15. On ascertaining the custom, the only instructions will be the name and description of the widow, and the common instructions for admission (s. 1.)

To a Husband's Curtesy.

16. The same observations apply to this as to dower.

Admission on behalf of a Minor.

17. In cases of minors, it is usual for the party to be admitted by any person attending, and a guardian appointed at the Court (usually the surviving parent, or guardian named in the testor's will).

18. The mode of enforcing admission and paying the fine will be found in the part relating to Court-Keeping (s. 415), and where also is quoted the Act giving the power to the guardian to obtain repayment of the amount paid on admission.

19. In other respects the instructions must be similar to those on other admissions under a will..

Admission on behalf of Joint-Tenants or Tenants in Common.

20. The only additional observations in these cases will be the urging a full consideration of the question as to the fees which the steward may charge, and a reference to the subsequent part of this part relative to fees, 431, &c. to the case of Attree v. Scutt before cited, and the cases therein referred to, which will give full information as to these admissions.

In the case of joint-tenants, it was recently decided that the practice of charging two years as a fine for first life, one year for second, half year for third, &c. was correct. See Wilson v. Hoare, 1 B. & A. 350. Of course tenants in common only pay the amount of the usual fine between them; as on each life falling, another fine will be payable for his share.

PRACTICE ON PURCHASES.

The Contract or Treaty for Purchase.

21. In treating for the purchase of copyholds, the following points should be attended to:-The ascertaining whether the property is subject to a fine arbitrary (two years on death or alienation), or a fine certain; as, unless specified, the former will be presumed the amount of the quit rent and land taxand whether liable to heriots (for the learning on which see Scriven on Copyholds, 423, &c., and Coventry, 298, &c.) The purchaser should also learn that there is no level rate or other charge payable under a local but under a public act, as in Barrand v. Archer, 1 Simon 433, compensation was refused on such a charge.

22. The purchaser should object to take timber by valuation, the right to the timber, except in certain cases, being in the lord; (see on this subject Scriven on Copyholds); but the tenant being entitled to fell timber for repairs, some amount might be allowed, though a purchaser should not agree to specifically take by valuation.

23. The next point to be attended to will be the time from which the purchaser is to be entitled to the possession and the rents, and where possession is required, care should be taken to stipulate for such' actual possession.

24. Connected with this is the provision for payment of interest in case of non-completion of the purchase at the time fixed, the rate of which is usually five per cent., but the purchaser might urge that four per cent. would be more just, and press for the inser

tion of that amount in the agreement; he should also object to the insertion of the words "from whatever cause arising,” in the interest clause, as he ought in fairness to only pay interest when the delay arises from his default; and the case of Esdaile v. Stevenson, 1 Sim. & Stu. 122, decided that with such a stipulation, even where the delay was occasioned by the vendor, the purchaser would be liable to pay interest agreeably to the condition; and though circumstances might occur in which a different decision would be given, yet great difficulty would be thrown on the purchaser by such stipulation.

25. Where the purchaser is desirous to have the property accord strictly with the description, it might prevent difficulty were the agreement to state his intention not to accept compensation in the event of the vendor being unable to convey the precise property or interest contracted to be sold.

26. The proper stipulations should be made for delivery, at the vendor's expence, of an abstract of title certified by the steward, the making a marketable title, and the delivery of copies of admissions and other acts of Court and documents forming the title; though in default of express stipulation to the contrary, the vendor would be bound to deliver copies.

27. It is highly desirable to have an abstract certified by the steward as the most certain way of getting an abstract free from misrepresentations or concealments.

28. In purchasing at an auction, a deduction should be made to meet the expence thrown on the purchaser under the conditions of sale, for copies, certificates, affidavits, production of court rolls, &c., and the purchaser should be guided in his biddings accordingly, so as to prepare for the additional expence.

The Agreement.

29. The terms of contract being settled, the agree