Suitsreal must be done in person ; it cannot be done by attorney ; nor can it, as it would seem, be released by the lord. But the suitor may be essoigned or excused pro hdc vice, which is done generally upon the payment of an es.soign penny.
The constables are next examined as to their compliance with the orders received by them at the previous court. After this the lect jury is formed. This jury is chosen from the body of the suitors, and consiata of not less than twelve, nor more than twenty-three. In sonic leeta 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 persona to bo summoned on the jury is valid. If a sufficient number of resiants to form a jury cannot be found, the steward has power to compel a stranger to serve, even though ho be merely travelling through the district, and is actually riding on his journey at the time his services are required; but a woman, though is resiant, cannot be sworn.
After the jury is choeen 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 companions', and your own, you shall keep secret and undisclosed. You shall present no man for envy, hatred, or malice; nor spare any man for fear, favour, or affection, or any hope of reward ; but according 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, three or four of the jury, taking the book together, aro sworn to observe and keep, on their parts, the same oath which the foreman has taken on his part. The jury then receive a charge from the steward, pointing out the nature of their duties, and of the matters which ought to be pre sented. The jury make their presentments to the steward, who, in cases of treason or felony, must return the presentments tin these cases allied indictments) to tho justices of gaol delivery if tho offenders be in custody; if they be at Large, the indictments most be removed into the Bench by certiorari, in order that process may issue thereon.
In all other cases the steward of tho 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-presentment, to cause an immediate inquiry into the truth of the matter by another jury, though in the former case the morn usual course now is by certiorari or traverse.
A court-leet may be adjourned if the business of the particular court require it. This should be done by three proclamations. A. court held on the 28th April, and adjourned, after the jury had been sworn, till the 15th December, which day was given them to make their presentments, has been held not to be necessarily un reasonable.
It is not necessary that notice should be given of an order made,by the leet for abating a nuisance; the party being within the jurisdiction, must take notice of it at his peril. For the same reason he is also bound to take notice of a by-law.
V. Profits of Court.
The ordinary profits of a court-leet are the fines, amercements, and essoign pence, and belong, in the case of a public leet or tours, to the crown ; in the case of a private leet, to the grantee or lord of the leet. It would rather seem, however, that the lord is bound to account at the Exchequer for these profits, though he may discharge himself by show ing his title. In a private leet also, the lord, as above mentioned, is entitled to a further payment, in the nature of a poll-tax, capitagium, or chevage, by the name of ccrtum let-e, sometimes called cert-silver, certainty-money, cert-money, and head-silver. When this payment is to be made on the day of the leet the defaulters may be presented and amerced. For such amercement the lord may distrain ; but he cannot distrain for the cert-nconey itself, without a prescription to warrant such distress. In the absence of both amercement and prescription, the lord's remedy is by action of debt.