ment of receipt whereof the said A. doth hereby acknowledge, He the said A. as beneficial owner (a) doth hereby assign unto the Assignsaid P. his executors administrators and assigns ALL that leaseholds. piece of land and premises comprised in and demised by the aforesaid Indenture of Lease of the day ofTO HAVE AND TO HOLD the piece of land and premises hereby assigned UNTO the said P. his executors administrators and assigns for all the residue of the said term of years at the rent reserved by the said Indenture of Lease and under and subject to the covenants and conditions therein contained and on the part of the lessee to be observed and performed. AND the said P. doth hereby Covenant by purcovenant with the said A. that he the said P. his heirs chaser to executors administrators and assigns will during the residue pay rent, of the said term pay the rent reserved by the said Indenture of Lease and observe and perform the covenants and conditions therein contained and on the part of the lessee to be observed and performed, and will at all times hereafter keep indemnified the said A. his heirs executors and administrators and his and their estates and effects against the payment of the said rent and the observance and performance of the said covenants and conditions and also against all actions claims and demands for or on account of such rent covenants or conditions or in anywise relating thereto. IN WITNESS &c. &c. XI. CONVEYANCE of FREEHOLDS and COVENANT to THIS INDENTURE made the day of Between A. of &c. (vendor) of the one part and P. of &c. (x) See Conveyancing Act, 1881, s. 7, subs. 1, A. & B., pp. 251, 253. (y) The assignment of Leaseholds Prec. X. can be incorporated with this precedent by adding the re citals showing title to the Lease- freeholds. Seisin of purchaser) of the other part, WHEREAS the said A. is seised (2) for an estate of inheritance in fee simple in possession free from incumbrances of the freehold messuage Seisin of and hereditaments hereinafter granted, AND WHEREAS copyholds. the said A. is also seised for an estate of inheritance to him and his heirs according to the custom of the manor of in the county of for sale. ment of purchase money. free from incumbrances of the copyhold tenement and hereditaments. Contract hereinafter covenanted to be surrendered, AND WHEREAS the said A. has agreed with the said P. for the sale to him of the said freehold hereditaments and the inheritance thereof in fee simple in possession free from incumbrances, and of the said copyhold hereditaments and the customary inheritance thereof in possession free from incumbrances for the sum Apportion of £, AND WHEREAS for the purposes of the Stamp Acts (a) the sum of £- — has been apportioned as the price of the said freehold hereditaments and the sum of £ — as the price of the said copyhold hereditaments, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £- (total amount) now paid by the said P. to the said A., The receipt whereof the said A. doth hereby acknowledge, He the said A. as beneficial owner doth hereby grant unto the said P. and his heirs ALL &c. (parcels of freeholds (b)), TO HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO AND TO THE USE of the said P. his heirs and assigns. AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said agreement and for the consideration Covenant aforesaid He the said A. doth hereby covenant with the to sur- said P. that he the said A. or his heirs and all other copyholds. necessary parties if any will at the cost of the said P. his Grant of freeholds. render (z) See note (9), p. 13. (a) 33 & 34 Vict. c. 97, ss. 76, 77. (b) If the freehold cannot be certainly distinguished from the copyhold hereditaments, describe the parcels as, "All such part as is of the nature of freehold of and in ALL &c. (parcels)," and in the covenant to surrender as, "All such part as is of the nature of copyhold of and in ALL the hereditaments herein before described." heirs or assigns forthwith surrender or cause to be surrendered into the hands of the lord of the manor of according to the custom of the said manor ALL &c. (copyhold parcels) TO THE USE of the said P. his heirs and assigns, To be holden at the will of the lord according to the custom of the said manor by and under the rents fines suits and services therefor due and of right accustomed. (Covenants for title in respect of the copyholds, see p. 14). AND the said A. hereby gives to the said P. Deeds. an acknowledgment of the right of the said P. to production of the documents mentioned in the schedule hereunder written and to delivery of copies thereof and an undertaking for safe custody thereof (c). IN WITNESS &c. The schedule to the above-written Indenture. (List of Deeds.) XII. APPOINTMENT and CONVEYANCE of FREEHOLDS to THIS INDENTURE made the day of convey ance to Between A. of &c. (vendor) of the 1st part P. of &c. (purchaser) of the 2nd part and X. of &c. of the 3rd part, WHEREAS by an Indenture dated &c. and made between Recital of B. & C. of the 1st part the said A. of the 2nd part and Y. of the 3rd part the cottage land and hereditaments herein- vendor to after described and intended to be hereby appointed and dower. granted were assured to such uses and in such manner as the said A. should by any deed or deeds appoint and in (c) See Conveyancing Act, 1881, s. 9, p. 259. The acknowledgment and undertaking need not be given by deed. They must be in writing, and if preferred may be by a separate document. (d) With regard to persons married since the 1st of January, 1834, the Dower Act, 3 & 4 Will. IV. c. 105, enacts, s. 4. "No widow persons the declaration against uses to bar ment. default of and subject to such appointment to the use of the said A. and his assigns during his life without impeachment of waste with a limitation to the use of the said Y. and his heirs during the life of the said A. in trust for the said A. and his assigns with remainder to the use of the said A, his heirs and assigns for ever, AND WHEREAS &c. (recite contract for sale to P., see p. 13), NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of -now paid by the said P. to the said A., The receipt Appoint whereof the said A. doth hereby acknowledge, He the said A. as beneficial owner in exercise of the power for this purpose given to him by the aforesaid Indenture of the day of and of all other powers if any enabling him in this behalf doth hereby appoint that ALL and SINGULAR the cottage land and hereditaments hereinafter described and intended to be hereby granted shall henceforth go and be to the uses and upon the trusts hereinafter declared of and concerning the same (e). AND THIS INDENTURE ALSO WITNESSETH that in further pursuance of the said agreement and for the consideration aforesaid He the said A. as beneficial owner doth hereby grant unto the said P. and his heirs ALL &c. (parcels), All which hereditaments are more particularly described and delineated in the map drawn on the skin of these presents and thereon coloured green, To HAVE AND TO HOLD the hereditaments and premises hereby granted UNTO the said P. and his heirs to the uses and upon the trusts hereinafter declared of and concerning the same. AND IT IS HEREBY AGREED AND DECLARED that the appointment and grant hereinbefore respectively contained shall operate and enure Grant. (e) Where it is desired simply to convey to the purchaser in fee X. is an unnecessary party, and one operative part is sufficient, thus: "He the said A. as beneficial owner doth hereby appoint and by virtue of his estate and interest doth hereby grant unto the said P. and his heirs ALL &c. (parcels), TO HAVE AND TO HOLD the hereditaments and premises hereby appointed and granted UNTO AND TO THE USE of the said P. his heirs and assigns." TO SUCH USES as the said P. shall from time to time by Uses. XIII. CONVEYANCE of FREEHOLDS by MARRIED WOMAN not entitled for her separate use (ƒ). THIS INDENTURE made the day of Between H. of &c. and W. his wife of the one part and P. showing of &c. (purchaser) of the other part, WHEREAS J. S. late Recitals of deceased by his last will dated &c. and the title of proved &c. gave and devised all his real estate whatsoever the wife. and wheresoever unto his daughter the said W. and her heirs, AND WHEREAS the said J. S. died on the day of day of - intermarried with and is now the wife of the said H. but no settlement or agreement for a settlement has been made either before or since their marriage, AND WHEREAS the said H. and W. his wife have agreed Contract with the said P. for the sale to him in fee simple in possession free from incumbrances of the hereditaments hereinafter granted being the hereditaments devised by the said will of the said J. S. as aforesaid for the sum of £NOW THIS INDENTURE WITNESSETH AND WHEREAS the said W. on the (f) The Married Women's Property Act, 1882, sect. 5, see p. 149, does not apply where the woman married before the 1st of January 1883, and her title to the property accrued before that date. This deed must be acknowledged by her pur- for sale. |