and until such direction, limitation or appointment, and as to such part or parts of the premises of which no complete direction, limitation or appointment shall be made, or to which any such direction, limitation or appointment shall not extend, to the use of the said [purchaser] and his assigns, during his natural life, without impeachment of waste, and from and after the determination of that estate by any means in his lifetime, to the use of the said [trustee] and his heirs, during the life of the said [purchaser]; In trust, nevertheless, for the said [purchaser] and his assigns, to the intent that no wife of the said [purchaser] who shall happen to survive him shall become entitled to dower out of or in the said premises or any part thereof, and from and after the determination of the estate so limited in use to the said [trustee] and his heirs, during the life of the said [purchaser], To the only use and behoof of the said [purchaser], his heirs and assigns for ever, and to, for, and upon no other use, trust, intent or purpose whatsoever. [Or where the Declaration declaration is adopted, " TO THE USE and behoof of the said [purchaser], his heirs and assigns for ever: And it is hereby declared by the said [purchaser] that any wife of the said [purchaser], who shall happen to survive him, shall not be entitled to any dower out of or in the messuage, farm, lands and hereditaments hereby granted and released, or expressed and intended so to be, or any part Covenant by thereof:"] AND the said B. Adams doth hereby for himself, his heirs, his wife shall executors and administrators, covenant, promise and agree, to and acknowledge with the said [purchaser], his heirs and assigns (g), that the said the deed be- Mary Adams (she hereby consenting) shall and will forth with, or as soon as conveniently may be after the execution of these presents, at the costs and charges of the said B. Adams, his heirs, executors or administrators, duly appear before two of the perpetual commissioners appointed for the county of -, for taking the acknowledgments of deeds by married women, pursuant to the act of parliament in that case made and provided (h); and that the said Mary Adams

to bar dower.

vendor that

fore commissioners.

(g) When it is probable that the separate examination of and acknow. ledgment by a married woman will not be taken at the time of the execution of the deed by her, it seems advisable to insert a covenant of this kind in the deed, which she is required to acknowledge.

(h) Covenant where two Married Women are to acknowledge the Deed. And each of them the said [husbands], so far as concerns the acts, deeds, and defaults of his own wife respectively, but not further or otherwise, doth hereby for himself, his heirs, executors and administrators, covenant and agree with the said [purchaser], his heirs and assigns, that each of them the said [married women] they hereby respectively consenting, shall and will forthwith, or as soon as conveniently may be after the execution of these presents, at the joint costs and charges of the said [husbands], their respective heirs, executors or administrators, duly ap pear before two of the perpetual commissioners appointed for the city of

for taking the acknowledgments of deeds by married women, pursuant to the act of parliament in that case made and provided, and that each of them the said [married women] shall and will produce these presents, and acknowledge the same respectively to be her act and deed before the said commissioners, and be respectively examined by them apart from her respective husband, touching her knowledge of the contents of these presents, and freely and voluntarily consent thereto, and that each of them the said [married women] shall and will do all and such other acts and things as are required by the same act of parliament and the orders of the Court of Common Pleas made in pursuance

surrender copyholds.

shall and will produce these presents, and acknowledge the same to be her act and deed before the said commissioners and be examined by them apart from the said B. Adams her husband, touching her knowledge of the contents of these presents, and freely and voluntarily consent thereto, and do all such other acts and things as are required by the said act of parliament in that case made and provided, and the orders of the Court of Common Pleas made in pursuance thereof, for completing and giving effect to such separate examination of and acknowledgment by the said Mary Adams as aforesaid, and for causing the certificate of such acknowledgment, with an affidavit of the signature thereof by the said commissioners, to be duly filed of record in her majesty's Court of Common Pleas at Westminster: AND THIS INDENTURE FURTHER WITNESSETH, that in pur- SECOND TESsuance and further performance of the said recited agreement, and TATUM. for and in consideration of the sum of 9001. of lawful money of Great Covenant to Britain (residue of the said sum of 5000l. the purchase-money aforesaid,) to the said B. Adams well and truly paid by the said [purchaser] immediately before the execution of these presents, in full for the absolute purchase of the copyhold hereditaments hereinafter mentioned, and covenanted to be surrendered, and the customary inheritance thereof in possession, the receipt of which said sum of 9007. he the said B. Adams 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: He the said B. Adams doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said [purchaser], his heirs and assigns, that he the said B. Adams and C. D. and all other persons rightfully claiming under or in trust for him the said B. Adams, or his heirs or issue, shall and will, on the request and at the costs and charges of the said [purchaser], his heirs or assigns, at or before the next court baron or customary court to be holden in and for the said manor of Dale, or out of court, according to the custom of the said manor, well and effectually surrender or cause to be surrendered into the hands of the lord or lady of the said manor, according to the custom thereof, to the use of the said [purchaser], his heirs and assigns for ever (i): All such and so many and such part or parts as is or are copyhold and holden of the said manor by copy of court roll, of and in the messuage or tenement, farm, lands and hereditaments herein before described, with their and every of their rights, members and appurtenances, and all the estate, right, title, interest, trust, property, possession, claim and demand whatsoever of them the said B. Adams and C. D., and each of them, of, in, and to the same and every part thereof, to the intent that the said [purchaser] or his heirs may be admitted tenant or tenants of the said copyhold hereditaments: To hold the same to thereof, for completing and giving effect to such separate examinations and acknowledgments by the said [married women] respectively as aforesaid, and for causing the certificate or certificates of such acknowledgments respectively, with the necessary affidavit or affidavits of the signature or signatures thereof respectively by the said commissioners, to be duly filed of record in her majesty's Court of Common Pleas at Westminster. (i) Where the copyhold part of the estate is not included in the previous description of the parcels, the copyholds intended to be surrendered should be here described.

Covenants

for title by vendor.

him the said [purchaser], his heirs and assigns for ever, at the will of the lord or lady of the said manor, by copy of court roll, according to the custom of the said manor, by and under the rents, suits and services therefore due and of right accustomed to be paid and performed. And that in the mean time and until such surrender shall be made, and the said [purchaser] or his heirs shall be admitted tenant or tenants under and by virtue of the same surrender, be the said C. D. and his heirs and all other persons shall stand and be seised or possessed of the same copyhold lands and hereditaments, and every part of the same, with the appurtenances, upon trust, and for the sole benefit of the said [purchaser], his heirs and assigns (k). AND the said B. Adams, for himself, his heirs, executors and administrators, doth further covenant, promise and agree to and with the said [purchaser], his [appointees] (4), heirs and assigns, by these presents, in manner following (that is to say), that notwithstanding any act, deed, matter or thing, by him the said B. Adams, or the said A. Adams, or either of them, made, done, committed or executed, or knowingly or willingly suffered to the contrary, he the said B. Adams, at the time of the sealing and delivery of these presents, is lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said messuage and other hereditaments herein before granted and released, or expressed and intended so to be, and every part thereof, with their appurtenances, for a good, sure, sole, perfect and absolute estate of inheritance in fee tail general in possession, and of the said customary or copyhold lands, hereditaments and premises, hereinbefore covenanted to be surrendered, for an equitable estate of inheritance in tail general, according to the custom of the manor of Dale aforesaid, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder or limitation of any use or uses or other restraint, cause, matter or thing whatsoever, to alter, change, defeat, incumber, revoke or make void the same, and that notwithstanding any such act, deed, matter or thing, as aforesaid, they the said B. Adams, and C D., or one of them, now have or hath in themselves or himself good right, full power, and lawful and absolute authority to grant, release, dispose of, surrender, and confirm the said freehold and copyhold messuage, farm, lands, and other hereditaments, hereinbefore granted and released, and disposed of, or expressed and intended so to be, and hereinbefore covenanted to be surrendered, with the appurtenances thereunto belonging, unto the said [purchaser], his heirs and assigns, in manner aforesaid, according to For quiet en- the true intent and meaning of these presents: AND that it shall joyment. and may be lawful to and for the said [purchaser], his [appointees], heirs and assigns, 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 freehold and copy hold messuage, farm, lands and other hereditaments, herein before granted, released, and disposed of, or expressed and intended so to be, and hereinbefore covenanted to be surrendered, with their appurtenances, and to have, receive and take the rents, issues, and profits thereof, and

(k) See form of surrender, post, pp. xvi. xvii. C. D. should enter into the common covenant against incumbrances.

(1) The word "appointees" should be omitted when no power of appointment is given to the purchaser.

of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by them the said B. Adams and Mary his wife, and C. D., or any or either of them, their or any or either of their heirs or issue, or of or by any other person or persons lawfully or equitably claiming or to claim, by, from, or under or in trust for them, or any or either of them, or by, from, or under the said A. Adams: AND that free and clear, and freely Free from inand clearly, and absolutely acquitted, exonerated, released and for cumbrances. ever discharged or otherwise by the said B. Adams, 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, jointures, dower, right and title of dower, uses, trusts, entails, wills, statutes merchant or of the staple, recognizances, judgments, executions, rents, arrears of rents, 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, occasioned, or suffered, or hereafter to be had, made, executed, occasioned or suffered, by the said B. Adams or the said C. D. or either of them, their or either of their heirs or issue, or by any person or persons lawfully or equitably claiming or to claim, by, from or under, or in trust for them, or any or either of them, or by the said A. Adams, or any person claiming under him: AND FURTHER, For further that the said B. Adams and Mary his wife, and his heirs and issue, assurance. and the said C. D. and his heirs, and all and every other persons and person having or claiming, or who shall or may have or claim any estate, right, title, interest, inheritance, use, trust, property, claim or demand whatsoever, either at law or in equity, of, to, in or out of the said messuage, farm, lands, and other hereditaments, hereinbefore granted, released and disposed of, or expressed and intended so to be, and herein before covenanted to be surrendered, or any of them, or any part thereof respectively, by, from, or under or in trust for the said B. Adams and his heirs or issue, or the said C. D. or his heirs, or any of them, or by, from, or under the said A. Adams, shall and will from time to time, and at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges in the law of the said [purchaser], his [appointees], 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 acts, deeds, things, devices, conveyances, surrenders, and assurances in the law whatsoever, for the further, better, more perfectly, and absolutely granting, releasing, conveying, surrendering, assuring and confirming the said freehold and copyhold messuage, farm, lands, and other hereditaments herein before granted, released and disposed of, or expressed and intended so to be, and hereinbefore covenanted to be surrendered, and every part thereof, with their appurtenances, unto the said [purchaser], his [appointees], heirs and assigns, or otherwise as he or they shall direct or appoint, and as by the said [purchaser], his [appointees], heirs

or assigns, or his or their counsel in the law, shall be reasonably devised or advised and required. IN WITNESS, &c. (m)

Memorandum to be indorsed on, or written at the Foot, or in the Margin of the last Deed.

This deed, marked B. [or some other letter or mark], was this day produced before us, and acknowledged by Mary Adams, therein named, to be her act and deed; previous to which acknowledgment the said Mary Adams was examined by us, separately and apart from B. Adams, her husband, touching her knowledge of the contents of the said deed, and her consent thereto, and declared the same to be freely and voluntarily executed by her. Witness our hands, this day of January, 18-.

[Signatures of two Commissioners.]

Where Acknowledgment relates to two or more married Women. This deed, marked A. [or some other letter or mark], was this day produced before us, and acknowledged by [Christian and surnames of married women] therein named, to be their several acts and deeds; previous to which acknowledgments the said [names as above] were examined by us separately and apart from their respective husbands touching their knowledge of the contents of the said deed, and their consent thereto, and each of them declared the same to be freely and voluntarily executed by her. Dated the day of one thousand eight hundred and

[Signatures of two Commissioners.]

Certificate of two of the perpetual Commissioners, of having taken the Acknowledgment of Mary Adams, to be written or engrossed on a separate piece of Parchment.

These are to certify that on the day of January, 18-, before us, A. B. and C. D., two of the perpetual commissioners appointed for the county of for taking the acknowledgments of deeds by married women, pursuant to an act passed in the fourth year of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," appeared personally, Mary, the wife of B. Adams, and produced a certain indenture marked B., bearing date the day of 18-, and made detween [insert names of parties] and acknowledged the

(m) This deed, in order to be effectual, must be inrolled in Chancery within six calendar months after its execution. (See ante, p. 351.) It has been submitted that a vendor ought to procure the conveyance to be inrolled at his own expense, for the same reason that he was required to bear the expense of a fine or common recovery. (9 Jarm. Prec. 412, n.)