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mises.

for himself, his heirs, executors, and administrators, doth Covenants for covenant, promise, and agree with and to the said [purchaser], his heirs and assigns, by these presents, in manner following; (that is to say), that for and notwithstanding any act, deed, matter, or thing whatsoever by him the said [vendor] made, done, committed, or executed, or knowingly or willingly suffered to the contrary, the said herein-before in part recited indenture of lease is, at the time of the sealing and delivery That lease is of these presents, a good and effectual demise and lease in the good. law of and for the said premises therein comprised, and that the same and the estate thereby created are not, nor is either of them respectively, forfeited, merged, extinguished, surrendered, determined, or otherwise become void or voidable, and that for and notwithstanding any act, deed, matter, or thing whatsoever as aforesaid, he the said [vendor], at the time Seised of preof the sealing and delivery of these presents, is lawfully, rightfully, and absolutely seised of and in or well and sufficiently entitled to the said piece or parcel of land, messuage or tenement, and hereditaments hereby granted and released, or expressed and intended so to be, and every part thereof, with their appurtenances, for and during the natural lives of the said B. B., C. B., and D. B., and during the lives or life of the survivors or survivor of them, without any manner of condition, use, trust, property, power of revocation, equity of redemption, or other restraint, cause, matter, or thing whatsoever, to alter, charge, defeat, incumber, or make void the same; And Good right to that for and notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, he the said [vendor] now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and convey the said piece or parcel of land, messuage or tenement, and other the hereditaments hereby granted and released, or expressed and intended so to be, with the appurtenances thereunto belonging, unto and to the use of the said [purchaser], his heirs and assigns, in manner aforesaid; And that it shall and may For quiet enbe lawful to and for the said [purchaser], his heirs and assigns, joyment. from time to time and at all times hereafter, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said hereditaments and premises hereby granted and released, or expressed and intended so to be,

convey.

cumbrances.

with their appurtenances, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, interruption, claim, or demand whatsoever, of or by him the said [vendor], or his heirs, or of or by any by any other person or persons lawfully or equitably claiming or to claim by, from, or under or in trust for him, Free from in- them, or any of them; And that free and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged, or otherwise by the said [vendor], his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, surrenders, uses, trusts, entails, wills, statutes merchant or of the staple, recognizances, judgments, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, done, or suffered by the said [vendor] or his heirs, or by any person or persons lawfully or equitably claiming or to claim by, from, or under or in trust for him, them, or any of them; And And for further further, that he the said [vendor], and his heirs, and all and every other person or persons having or claiming, or who shall or may have or claim, any estate, right, title, inheritance, use, trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said piece or parcel of ground, messuage or tenement, and other hereditaments hereby granted and released, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under or in trust for him the said [vendor], or his heirs, shall and will, from time to time and at all times hereafter, upon every reasonable request to be made for that purpose, by and with and at the proper costs and charges in the law of the said [purchaser], his heirs or assigns, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful and reasonable act and acts, deed and deeds,

assurance.

thing and things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, and assuring of the said hereditaments and premises hereby granted and released, or expressed and intended so to be, and every part thereof, with their and every of their appurtenances, unto the said [purchaser], his heirs and assigns, during the lives of the said B. B., C. B., and D. B., and the lives and life of the survivors and survivor, to the use of the said [purchaser], his heirs and assigns, as by the said [purchaser], his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, or advised and required. IN WITNESS, &c.

IX.

CONVEYANCE BY APPOINTMENT AND RELEASE of Free-
hold Lands to Uses to bar Dower, and CoVENANT TO
SURRENDER Copyhold Lands, &c. Vendor and Trustee

to Purchaser and Trustee.

THIS INDENTURE, made the day of, in the year of our Lord 1838, BETWEEN [vendor], of &c., of the first part, Parties. [old trustee to bar dower], of &c., of the second part, [purchaser], of &c., of the third part, and [new trustee to bar dower], of &c., of the fourth part: WHEREAS under and by virtue of certain Recital of apIndentures of lease and appointment, and release, bearing date pointment and release, by which respectively, the lease the day before the day of the date of freeholds were the Indenture of appointment and release, and the appoint- limited to uses. ment and release bearing date the day of, and made or expressed to be made between A. B. therein described of the first part, C. D. of &c., therein also described, of the second part, the said [vendor], of the third part, and the said [old trustee], of the fourth part, it was by the said Indenture of appointment and release witnessed that, for the considerations therein expressed, the said A. B. and C. D. did grant, bargain, sell, and release the messuages, lands, tenements, and

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And covenant to surrender copyholds.

hereditaments firstly herein-after particularly mentioned and described, and intended to be hereby appointed and released, to the said [vendor], and his heirs, to such uses, upon such trusts, and for such intents and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations as the said [vendor] should 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, to the use of the said [vendor] and his assigns, during his life, with a limitation to the use of the said [old trustee] and his heirs, during the life of the said [vendor], In trust for him the said [vendor] and his assigns, during his life, with remainder to the use of the said [vendor], his heirs and assigns for ever. And it was by the said Indenture of appointment and release further witnessed, that for the consideration therein mentioned, the said A. B. did covenant with the said [vendor], his heirs and assigns, that he the said A. B., or his heirs, would at the then next Court Baron or Customary Court, to be holden of and for the manor of -, in the said county of -, surrender into the hands of the lord or lady of the said manor all and singular the pieces or parcels of lands and hereditaments hereinafter secondly particularly mentioned and described, and hereinafter covenanted to be surrendered, or intended so to be, with the appurtenances, to the use of the said [vendor], his heirs and assigns for ever: AND WHEREAS at a Court Baron or Customary Court, holden for the said manor ofon the day of -, the said A. B. did, in pursuance of the covenant contained in the said recited Indenture of appointment and release, surrender into the hands of the lord of the said manor, by the rod, according to the custom of the said manor, the said pieces or parcels of land, and other the copyhold or customary hereditaments herein-after covenanted to be surrendered, with the appurtenances, to the use of the said [vendor], Admittance of his heirs and assigns: AND WHEREAS immediately after the said surrender, the said [vendor] was duly admitted tenant according to the custom of the said manor, of the said pieces or parcels of land and hereditaments, with their appurte

Surrender of

same.

vendor.

nances, To hold the same unto the said [vendor] and his heirs, at the will of the lord of the said manor, by copy of court roll, according to the custom of the said manor, and by the rents and securities therefore due and of right accustomed: AND WHEREAS the said [purchaser] hath contracted and agreed Contract for with the said [vendor] for the absolute purchase of the said purchase. freehold and copyhold messuages or tenements, lands and hereditaments, herein-after particularly described and intended to be hereby appointed and released, and covenanted to be surrendered respectively, with their respective appurtenances, and the inheritance thereof respectively, free from all incumbrances, at or for the price or sum of 1200l.; And upon the treaty for the said purchase, it was agreed that- -l. (a) (part of Apportionment the said sum of 12007.) should be considered and taken as the of purchase

(a) The purchase money of the freeholds and copyholds is apportioned in pursuance of the General Stamp Act (55 G. 3. c. 184). Upon this subject Mr. Coventry, in his Treatise on the Stamp Laws relating to Deeds and Assurances, ch. 5, says, "It is also observable, that if lands of different tenures or titles are purchased at one entire sum, and conveyed by separate deeds, such an apportionment may be made of the consideration money as will lessen the duties. It is not required that each deed should express a distinct consideration, but only that a distinct price should be set upon each part in the principal deed, which is to bear an ad valorem duty in respect of the price therein set forth that is, I apprehend the apportioned price, though the words of the schedule admit of a different reading, which however would lead to absurd results. Nevertheless parties are not bound to adopt this course on making a contract for freehold and copyhold property at one entire price, for they may, we have seen, lower or vary the sum stipulated for to whatever amount they please, and if so, they may certainly split or apportion the consideration according to the nature of the properties sold. Indeed, if a person agrees to purchase twenty acres of land at a given sum, he may, if he please, independently of the statute, take separate conveyances of each acre, and apportion the consideration money as he thinks proper, nor would it be necessary that the apportionment should appear in either deed. The use therefore of the clause in review, which apparently authorizes this apportionment is not very obvious, for without it, apportionments to a much greater extent may be made. Any want, therefore, of conformity to the directions on this head, in the schedule to the present Stamp Act, should not, and, I apprehend, would not, deprive a party of the benefit of his apportionment, or endanger the competency of his conveyance. At the same time it should be observed, that no such division of an estate held under the same title is ever made in practice, and it may not be prudent to pursue a course which a court may by possibility construe to be a fraudulent evasion of an act of the legislature.

money.

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