The common notice of holding the court is said to be three or four days; but it is now usual to give fifteen days' notice.
The functions of the steward of a court-leet are mostly, if not wholly, judi cial. Ministerial acts are performed by an inferior officer called the bedel or bailiff, who of common right is appointed by the lord or steward, though by custom he may be chosen by the jury, and sworn with the other officers chosen at the leet ; and where, in a leet appendant to a borough, the bailiff so chosen has a dis cretionary power in impannelling the jury, this important function is a suffi cient ground for issuing a Quo warranto to inquire into the title of the party who exercises it. The steward, at the cus tomary or at a reasonable time before the holding of the court, issues a precept under his seal, addressed to the bailiff of leet, commanding him to warn the xesiants to appear at the time and place appointed for holding the court, and to 'summon a jury. The notice may be given in the church or market, according to the usage of the particular place ; but is said that if it be not an ancient leet, personal notice is necessary. According to the course most usually pursued, the steward opens the court by directing the court to be proclaimed ; and this being the king's court, it is necessary that three proclamations should be made. This is done by the bailiffs crying "Oyes" (hear) three times, and then saying once, " All manner of persons who are resiant or deciners, and do owe suit royal to this leet, come in and do your suit and answer to your names, upon pain and peril which shall ensue." The bailiff then delivers to the steward a list of persons summoned as jurymen, together with the suit or resiant roll. The suit-roll is then called over, and those resiants who are absent are marked to be amerced. The bailiff then makes three other proclamations, by crying " Oyes" three times, and then saying, ‘• If any man will be essoigned, come in, and you shall be heard." The steward having called for the essoigus (excuses) enters them: The essoigns should regularly be adjourned to the next court for examination in the court roll or book.
Suit-real must be done in person ; it cannot be done by attorney ; and probably it cannot be released by the lord. But the suitor may be essoigned or excused for the particular occasion, which is done generally upon the payment of an essoign penny.
The constables are next examined as to their compliance with the orders re ceived by them at the previous court. After this the beet jury is formed. This jury is chosen from the body of the suit ors, and consists of not less than twelve, nor more than twenty-three. In some Teets the jury continues in office for a whole year ; in others the jurors are elected and discharged in the course of the day. A custom for the steward to nominate to the bailiff the persons to be summoned on the jury is valid. If a suf ficient number of resiants to form a jury cannot be found, the steward has power to compel a stranger to serve, even though he be merely travelling through the district; but a woman, though a reel ant, cannot be sworn.
After the jury is chosen a foreman is named, who is sworn as follows :—" You shall well and truly inquire, and true presentment make, ,of all such articles, matters, and things as shall be given you in charge; the king's counsel, your com panions', and your own, you shall keep secret and undisclosed. You shall pre sent no man for envy, hatred, or malice ; nor spare any man for fear, favour, or affection, or any hope of reward; but ac cording to the best of your knowledge, and the information you shall receive, you shall present the truth and nothing but the truth." As soon as the foreman is sworn, and the rest of the jury, they receive a charge from the steward, point ing out the nature of their duties, and of the matters which ought to be presented. The jury make their presentments to the steward, who, in cases of treason or felony, must return the presentments (in these cases called indictments) to the jus tices of gaol delivery if the offenders be in custody ; if they be at large, the indict ments must be removed into the King's Bench by certiorari, in order that process may issue thereon. In all other cases the steward of the leet has power, upon the complaint of any party grieved by the presentment, or, on the other hand, upon any suspicion entertained as to the concealment of any offence, by non-pre sentment, to cause an immediate inquiry into the truth of the matter by another jury, though in the former case the more usual course now is by certiorari or tra verse.