-

and

Lease of copyhold lands, part

tioned, the said Thomas Stiles did demise and grant unto the said [vendor], All that tenement, &c., within the manor of Whiteacre, &c. (called Far Close,) except mines, &c .&c., trees, &c., with liberty of ingress, &c., and liberty to sport, &c., and also except a right to set apart and take out of the commons, &c., [same as two former exceptions,] TO HOLD the same unto the said [vendor] from the day of the date thereof, during the term of 99 years, if or either of them, should so long live, at and under and subject to the yearly rents, heriots, suits, services, covenants, and agreements in the said Indenture now in recital reserved and contained, on the part of the tenant or lessee to be paid, rendered, observed, and performed: AND WHEREAS by an Indenture of lease, bearing date the day of, 1804, and made or expressed to be made between the said Thomas Stiles of the one part, and the said [vendor] of the other part, for the considerations therein mentioned, the said Thomas Stiles did demise and grant unto the said [vendor] All that, &c., part of the said manor of ject to a subWhiteacre, then in the tenure of as thereafter men- sisting lease for tioned, with the rights, member and appurtenances, except able on one life, years determin[same exceptions as in last lease], and except [same exceptions (1804). of enclosing any part of waste], TO HOLD the same unto the said [vendor], his executors, administrators, and assigns (from and immediately after the expiration of the estate and interest of the said — of and in the said premises, and which he claimed to hold by virtue of an Indenture of lease, bearing date on or about the day of, 1798, for a term of

of the said ma

nor of Whiteacre, for 99 minable on

years, deter

three lives, sub

Mortgage money due, but in

terest paid.

years which was then determinable on the death of G. J.), for the term of 99 years thence next ensuing, if the said [vendor], or either of them, should so long live, at and under the rents, &c. AND WHEREAS the said sum of 10,000l. continues due and owing on the security of the herein-before in part recited Indenture of mortgage, of the -- day of, 1790, but all interest for the same hath been duly paid or satisfied up to the day of the date of these presents: AND WHEREAS the Contract for said [purchaser] hath contracted and agreed with the said purchase. [vendor] for the absolute purchase of the freehold messuage or tenement, and other hereditaments herein-after particularly mentioned, and intended to be hereby released, with their appurtenances (subject as to such of the premises as are com

1st witness:

vendor's trustee

convey freeholds.

prised in the said Indentures of the - -and day of1790, to the herein-before in part recited mortgage,) and also of the aforesaid copyhold or customary hereditaments, and of the aforesaid leasehold lands and tenements, for all the estate and interest of the said [vendor] therein respectively, free from all incumbrances (except as herein-after is mentioned), at or for the price or sum of 2,000l., and upon the treaty for the said purchase it was agreed that the said [purchaser] should enter Apportionment into the covenant herein-after contained: AND WHEREAS of purchase mo. upon the treaty for the said purchase it was also agreed that ney. the sum of should be considered and taken as the purchase money for the said freehold and leasehold hereditaments, and the sum of should be considered and taken as the purchase money for the said copyhold or customary hereditaments; Now THIS INDENTURE WITNESSETH, that in pursuance and part performance of the said agreement, and for and in consideration of the sum of 2,000l. of lawful money of the United Kingdom of Great Britain and Ireland, at or immediately before the sealing and delivery of these presents to the said [vendor] in hand paid by the said [purchaser], the receipt of which said sum of 20007. he the said [vendor] doth hereby acknowledge, and of and from the same, and every part thereof, doth hereby acquit, release, and discharge the said purchaser, his heirs, executors, administrators, and assigns, and every of them, for ever by these presents, and in consideration of the covenant herein-after entered into on the part of the said [purchaser], and also in consideration of the sum of 10s. of like lawful money to the said [trustee] paid by the said [purchaser] at the time aforesaid (the receipt whereof is hereby acknowledged), He the said [vendor] HATH granted, bargained, sold, released, and confirmed, and by these presents DOTH grant, bargain, sell, release, and confirm, and the said [trustee], as to such only of the hereditaments hereinafter mentioned to be hereby released as are comprised in the herein-before in part recited Indentures of the and days of, 1800, and at the request and by the direction of the said [vendor] (testified by his being a party to and sealing and delivering these presents), HATH bargained, sold, and released, and by these presents DOTH bargain, sell, and release unto the said [purchaser], in his actual possession now

being by virtue of a bargain and sale to him thereof made by the said [vendor] and the said [trustee], in consideration of 5s. of lawful money aforesaid, by an Indenture bearing date the day next before the day of the date of these presents, for the term of one whole year, commencing from the day next before the day of the date of the said indenture of bargain and sale, and by force of the statute made for transferring uses into possession, and to his heirs, All that capital messuage, &c., called (which capital messuage or tenement, hereditaments and premises, herein-before particularly mentioned, are part of the hereditaments comprised in the said recited indentures of the and days of —, 1790); And also all those the said sites, closes, plots, pieces or parcels of land, hereditaments and premises, the reversion and remainder whereof was comprised in and conveyed or expressed to be conveyed by the said Indentures of the and days of, 1800, as herein-before is mentioned, Together with all and singular houses, outhouses, edifices, build- General words. ings, barns, stables, coach-houses, cottages, yards, gardens, orchards, backsides, tofts, lands, meadows, pastures, commons, common of pasture, common of turbary, mines, minerals, quarries, furzes, trees, woods, underwoods, coppices, and the ground and soil thereof, mounds, fences, hedges, ditches, ways, waters, watercourses, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever to the said capital messuage or mansion house, lands or tenements, belonging or in anywise appertaining, or with the same, or any of them respectively, now or at any time heretofore demised, leased, held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member of them, or any part of them, or appurtenant thereunto, with their and every of their appurte

nances, And the reversion and reversions, remainder and re- And the revermainders, yearly and other rents, issues, and profits of all sion, &c.

and singular the said capital messuage or mansion house,

lands, hereditaments and premises hereby granted and re

leased, and intended so to be; And all the estate, right, title, And all the esinterest, inheritance, reversion, use, trust, possession, pro- tate, &c.

perty, claim, and demand whatsoever, both at law and in

equity, of him the said [vendor], and of him the said [trustee]

Habendum, subject to the mortgage, to uses to bar dower.

Trustee covenants against incumbrances.

of, in, and to the same premises, and every part and parcel thereof; TO HAVE AND TO HOLD the said capital messuage or tenement, lands, hereditaments, and all and singular other the premises hereby granted and released, or expressed and intended so to be, with their and every of their appurtenances (subject as to such of the premises as were comprised in the said Indentures of the and days of —, 1790, to the herein-before in part recited mortgage), unto the said [purchaser], his heirs and assigns for ever, To such uses, upon such trusts, and to and for such intents and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations as the said [purchaser] shall by any deed or deeds, writing or writings, with or without power of revocation and new appointment, to be by him sealed and delivered in the presence of and attested by two or more credible witnesses, from time to time direct, limit, or appoint; and for default of and until such direction, limitation, or appointment, and so far as no such direction, limitation, or appointment shall extend, To the use of the said [purchaser] and his assigns during his life, without impeachment of waste, and after the determination of that estate by forfeiture or otherwise in his life-time, To the use of the said [trustee to bar dower], and his heirs, during the life of the said [purchaser], In trust for him the said [purchaser] and his assigns during his life, and to prevent Margaret the wife of the said [purchaser] from being entitled to her dower out of or in the premises, or any part thereof; And after the determination of the estate so limited in use to the said [trustee to bar dower] and his heirs during the life of the said [purchaser] as aforesaid, to the use of the said [purchaser], his heirs and assigns for ever. And the said [trustee for vendor] doth for himself, his heirs, executors, and administrators, covenant and declare with and to the said [purchaser], his heirs, appointees, and assigns, that he the said [trustee] hath not at any time heretofore made, done, committed, or executed, or knowingly or willingly permitted or been party or privy to any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof the said hereditaments comprised in the said recited Indentures of the and days of, 1800, or any part thereof, are, is, can, shall, or may be impeached, charged,

nants to pay mortgage mo

interest.

affected or incumbered in title, estate, or otherwise howsoever. AND in (c) consideration of the premises, the said [pur- Purchaser covechaser] doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, with and to the ney and future said [vendor] his heirs, executors, administrators and assigns, that he said [purchaser] his heirs, executors, administrators or assigns, shall and will well and truly pay, or cause to be paid, unto the said C. D. (who hath survived the said A. B. and E. F. his co-trustees), his executors, administrators or assigns, the aforesaid sum of 10,000l., and all interest henceforth to become due for the same as and when the same respectively shall be called in or become due or payable; and of and from the same sum of 10,000l., and interest, and every part thereof respectively, and all actions, suits, causes of action or suit, costs, charges, damages, expenses, claims, and demands whatsoever, for, or on account, or in respect of the same, or any part thereof respectively, shall and will save, defend, keep harmless, and indemnify the said [vendor], his heirs, executors, administrators and assigns, and his and their estates and effects whatsoever and wheresoever, and particularly such of the hereditaments comprised in the herein-before in part recited Indenture of the - day of

1790, as are not herein-before granted, and released, or expressed and intended so to be, and every of them and every part thereof respectively. AND in pursuance and further performance of the said proposal and agreement, on the

(c) The covenant in the mortgage raised a personal contract between the mortgagor and mortgagee for payment of the money and interest, and this covenant creates a similar contract between the present purchaser and the original mortgagor. Of course this contract has no effect whatever as to varying the security of the lender, which security he holds by the mortgage deed, and embraces as well the property sold by this instrument in the text, as other property referred to in it. This observation is made to guard against any misconception of the operation of these words of indemnity in the covenant, namely, "and particularly such of the hereditaments comprised in the herein-before in part recited Indenture of &c. 1799, as are not herein-before granted and released" &c.

Should the purchaser fail to pay the mortgage money and interest, all the premises comprised in the mortgage will be liable, and the vendor will be entitled to recover against the present purchaser under this covenant whatever he may pay in respect of the mortgage debt, interest, and costs.

Vendor covenants to surren

der the copyholds.