DEMISE." Preserve powers (leasing). The tenant for life grants and demises. Parcels. tenances. if he the said (tenant for life) shall so long live, the said (tenant for life) doth hereby acknowledge, and of and from the same and every part thereof doth acquit, release, exonerate, and for ever discharge the said (purchaser) as well by these presents as by the receipt or acknowledgement for the same sum hereupon indorsed, HE the said (tenant for life) HATH granted, demised, and leased, and by these presents DoTH grant, demise, and lease unto the said (purchaser), his executors, administrators, and assigns, ALL, &c. or howsoever otherwise the said messuages, lands, tenements, and hereditaments, or any of them now are, or is, or heretofore were or was situated, tenanted, called, known, described, or distinguished; toGeneral appur gether with all houses, out-houses, buildings, barns, stables, coachhouses, dove-houses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, water-courses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, rights and privileges of common, feeding, and foldage of every kind, and all and all manner of other rights, privileges, easements, advantages, conveniences, appendages, and appurtenances whatsoever to the said messuages, lands, tenements, hereditaments, and premises, or any of them, or any part thereof respectively belonging, or in anywise appertaining, or reputed or deemed so to be, or with the same or any of them now or heretofore holden, used, occupied, or enjoyed, and the rents, issues, profits, and proceeds to arise or become payable for or in respect of the same or of any part thereof, from the now last past. AND all the estate, right, title, interest, use, trust, property, possession, possibility, claim and demand whatsoever, both at law and in equity, of him the said (tenant for life) in, to, out of, upon, or respecting the said hereditaments and premises, or any of them, for and during the said term (1), TO HAVE AND TO day of Title deeds. (1) This being a demise for a term of years only, by the tenant for life, it is conceived that the lessee is not entitled to the deeds any more than in other cases of tenants for years, particularly as the reason of a tenant for life having the custody of them was by the feudal law to enable him to answer the præcipe of strangers for the benefit of the reversioner, but as it is intended to be and is in substance a conveyance of the whole interest of the tenant for life, though in the form of a demise, merely for the purpose of preserving to the lessee the powers of leasing, &c. annexed to the estate, the purchasing lessee may possibly be considered HOLD the said messuages, lands, tenements, hereditaments, and all day of day of DEMISE. Preserve powers (leasing). To hold for 99 for life so long years if tenant live. Declaration that extinguish demise shall not power of leasing. Covenant by vendor that he hath right to but that these presents shall be and be considered as subservient to the said powers in all things whatsoever. AND the said (tenant for life), for himself, his heirs, executors, and administrators, and for every of them, DoтH hereby covenant, declare, grant, and demise. agree with and to the said (purchaser), his heirs, executors, administrators, and assigns, and with and to each of them, in the manner following, (that is to say) that for and notwithstanding any act, deed, matter or thing whatsoever at any time heretofore made, done, executed, occasioned, suffered, or omitted by him the said (tenant for life) to the contrary, he the said (tenant for life) now hath in himself full power and lawful and absolute right and title to grant, demise, and lease all and singular the said hereditaments and premises, and the possession thereof, unto the said (purchaser), his executors, administrators, and assigns, for the said term or period of ninety-nine years if he the said (tenant for life) shall so long live, in the manner aforesaid, and according to the true intent and meaning of these presents. AND FURTHER, that it shall and may be law. That the purful for the said (purchaser), his executors, administrators, and assigns, immediately upon the sealing and delivery of these presents, and at all times thereafter, during the said term of ninety-nine years chaser shall quietly enjoy. as equally entitled to the deeds, for the manifestation of the title in this, as in other cases of purchases, and if this be conceded to him it will be proper that he should enter into a covenant with his lessor by separate deed to redeliver them to the reversioner when required, and to produce them in the mean time. The form of this deed will be nearly similar to that given ante, No. CCCXVIII. p. 402. DEMISE. Preserve powers (leasing). Free from incumbrances. Covenant for further assu rance. if he the said (tenant for life) shall so long live, to enter into and upon, and hold, possess, and enjoy all and singular the same hereditaments and premises, with their and every of their respective rights, privileges, conveniences, and appurtenances, and to receive and retain the rents, issues, profits, and proceeds, which shall arise or be payable for or in respect of the same from and after the day of now last past, to and for his and their own use and benefit, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from the said (tenant for life) or any person or persons now or hereafter having or rightfully claiming any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or concerning the said hereditaments and premises, or any part thereof, from, through, under or in trust for him. AND that free and clear and clearly and absolutely discharged and exonerated or otherwise by and at the expense of the said (tenant for life), his heirs, executors, or administrators, effectually defended, protected, and indemnified of, from, and against all former and other feoffments, gifts, grants, bargains and sales, releases, settlements, mortgages, demises, leases, contracts, devises, wills, conveyances, assurances, descents, uses, trusts, limitations, entails, conditions, estate, right and title of or to dower, remainders, reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other estates, rights, titles, interests, charges, and incumbrances whatsoever, which at any time or times heretofore have been or which at any time hereafter during the said term of ninety-nine years, if he the said (tenant for life) shall so long live, shall or may be made, created, executed, committed, occasioned, or suffered by or with the procurement or privity of the said (tenant for life) or any other person or persons now or hereafter rightfully claiming or having title to claim any estate, right, title or interest, either at law or in equity, from, through, under, or in trust for him (the land and sewers tax, and the present or any future tax upon property or income, to become due or payable for or in respect of the same premises or any of them from and after the said day of last past only excepted). AND MOREOVER that he the said (tenant for life) and his heirs, and all and every other person or persons now or at any time hereafter rightfully claiming or having title to claim any estate, right, title, charge or interest at law or in equity, in, to, out of, upon or respecting the hereditaments and DEMISE. Preserve powers (leasing). premises hereinbefore demised or otherwise assured, or mentioned or intended so to be, or any part thereof, from, through, under, or in trust for him, shall and will from time to time and at all times hereafter during the said term of ninety-nine years, if he shall so long live, upon every reasonable request, and at the costs and expenses of the said (purchaser), his heirs or assigns, make, do, acknowledge, levy, suffer, execute and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed and perfected, with all convenient and proper dispatch, all and every such further and other lawful and reasonable acts, deeds, conveyances, matters and things whatsoever, whether by fine or fines, with or without proclamations, common recovery or recoveries, deed or deeds enrolled or not enrolled, release, confirmation, declaration or limitation of or to any use or uses, or other assurance or assurances, of record or not of record, for the further, better, more perfectly, fully, absolutely, and satisfactorily granting, demising, and assuring the messuages, lands, tenements, hereditaments and premises hereinbefore granted, demised and confirmed, or mentioned or intended so to be, and every or any part or parcel thereof, and the possession of the same, with their and every of their respective rights, privileges, members, appendages and appurtenances, unto and to and for the use and benefit of the said (purchaser), his executors, administrators and assigns, for and during the term of ninety-nine years, if he the said (tenant for life) shall so long live, in such manner and form as he the said (purchaser), his executors, administrators or assigns, or his or their counsel in the law, being of the degree of a barrister at the least, shall advise and require, and prepare and tender (if the nature thereof permit) for his or their signature and execution; so that such further assurance or assurances, or any of them, do not contain nor imply any further or other warranty or covenant, than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, exccutors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the person or persons who shall be required to make or execute any such assurance or assurances be not obliged to go from his, her, or their then place or respective places of abode for the making or executing the same, without a reasonable and sufficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses. AND FURTHER that he the said (tenant Covenant by for life) shall and will from time to time and at all times hereafter, during the said term of ninety-nine years hereby granted, if he shall of leasing. tenant for life to execute powers DEMISE. Preserve powers (leasing). so long live, upon every reasonable request of the said (purchaser), his executors, administrators, and assigns, duly exercise and execute the powers of leasing so given to him by the said in part recited indenture of release, by demising or letting or limiting or appointing by way of demise or lease, all or any part of the said messuages, lands, and hereditaments hereby granted and demised, or mentioned or intended so to be, or otherwise join and concur in granting or demising or limiting and appointing the same, or any part or parts thereof, to or in favour of such person or persons, and at and for such rent, or other rent or sums, and for such lawful term or terms of years, and otherwise, to and for the sole use and benefit of him the said (purchaser), his executors, administrators, and assigns, as he the said (purchaser), his executors, administrators, and assigns, shall lawfully nominate or appoint concerning the same. IN WITNESS, &c. |