court baron, holden for the said manor of on the day of the said C. D. was admitted on the surrender of L. M. of, &c. [or as the customary heir of, &c., as the case may be], to all and singular the copyhold hereditaments thereinafter described, with their appurtenances to hold to him the said C. D. and his heirs, according to the custom of the said manor. And reciting that a fiat of bankruptcy was issued against the said C. D., directed to the said A. B. and other the commissioners of the court of bankruptcy, established by an Act of Parliament, passed in the 1st and 2nd years of the reign of his present Majesty King William the Fourth, intituled "an act to establish a court in bankruptcy," under which the said C. D. was adjudged to have become bankrupt. And also reciting that the said E. F. and G. H. were sometime since duly chosen and appointed by the creditors of the said C. D., to be the assignees of his estate and effects. And after further reciting that the said A. B. pursuant to the powers created by and under an Act of Parliament, passed in the sixth year of the reign of his late Majesty King George the Fourth, and the Act of Parliament therein before referred unto, or one of them, caused the said copyhold hereditaments thereinafter described, and the customary fee simple and inheritance thereof, in possession, to be put up to sale by public auction, at on the and that at such sale the said I. K. attended, and was declared to be the highest bidder for, and purchaser of the same hereditaments, at or for the price or sum of £———. It was witnessed that for carrying the said sale and purchase into effect, and in consideration of the sum of £-- of lawful money of the united kingdom of Great Britain and Ireland, current in England, unto the said E. F. and G. H., assignees as aforesaid, with the privity and approbation of the said A. B., and also of the said C. D. (testified as therein mentioned) in hand paid by the said I. K. at the time of the execution thereof; and for the nominal consideration therein expressed, the said A. B., in further pursuance and execution of the powers vested in him as aforesaid, did, as far as he lawfully could or might, bargain and sell, limit and appoint, convey and assure: and the said E. F. and G. H., and also the said C. D. did respectively bargain and sell, remise, release, and confirm, unto the said I. K., his heirs and assigns, All, &c., together with all ways, &c., and appurtenances whatsoever, to the said hereditaments and premises belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; to hold the said customary or copyhold day of hereditaments and premises mentioned or in tended to be thereby bargained and sold, limited and appointed, or otherwise assured, with the appurtenances thereof, unto and to the use of the said I. K., his heirs and assigns, for ever, but nevertheless according to the custom of the manor of aforesaid, and subject to the rents, customs, suits, and services, payable and to be performed in respect of the same premises, to the lord or lady, lords or ladies, of the aforesaid manor for the time being. And the said A. B., in further pursuance and execution of the powers given to him by the said fiat and the said statutes respectively, or one of them, did thereby entitle and authorise the said C. D., on behalf of him the said A. B., to surrender all and singular the customary or copyhold hereditaments and premises thereinbefore described, with their appurtenances, according to the custom of the aforesaid manor, so and in such manner, and to the intent and purpose that the said I. K. might be admitted thereto as such purchaser thereof as aforesaid, he, the said I. K., previously agreeing and compounding with the lord or lady, lords or ladies, of the same manor, for the fines, dues, and other services payable and performable by the custom thereof. day of Now be it remembered, that on the the said C. D. came before me J. S. esquire, steward of the said manor, and pursuant to and in compliance with the said authority and direction in this behalf mentioned and contained in the said recited indenture of bargain and sale, and for the purpose of dispossessing himself of any customary right, title, or interest, now vested in him the said C. D., of in or to the said copyhold hereditaments and premises, and for the considerations expressed in the same indenture of bargain and sale, did out of court surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward, by the rod, according to the custom of the same manor, All and singular the said customary or copyhold hereditaments and premises comprised in the said recited indenture of bargain and sale, and hereinbefore described, with their appurtenances; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, benefit, power, claim, and demand whatsoever of the said C. D. in to or out of the same hereditaments and premises, and every part thereof, to the use of the said I. K., his heirs and assigns for ever, according to the custom of the said manor. Taken and accepted this day of, &c., by me, C. D. (Surrender of the copyhold lands of an insolvent debtor, by the assignee appointed by the court, to a purchaser.) (a). The manor of Whereas at a court holden for the said ma nor, on the day of in the county of A. B., of, &c., was admitted upon the surrender of L. M., of, &c., [or as the customary heir of, &c., as the case may be,] to the customary or copyhold hereditaments hereinafter described, to hold to him the said A. B., and his heirs for ever, according to the custom of the same manor. And whereas by an indenture, bearing date the day of and made between C. D., (therein described provisional assignee of the estate and effects of insolvent debtors in England,) of the one part, and E. F., of, &c., of the other part, [the recital to be taken from the form of conveyance in the schedule to the act of 1 W. 4, c. 38.] And whereas the above recited conveyance and assignment from the said visional assignee to the said E. F., hath been entered on the court-rolls of the said manor of , pursuant to the provision and direction in that behalf mentioned, and contained in an Act of Parliament, passed in the 7th year of the reign of his late Majesty, King George the Fourth, intituled 66 an act to amend and consolidate the laws for the relief of insolvent debtors in England." And whereas the said E. F. in pursuance of, and obedience to an order of the said court, for relief of insolvent debtors, caused the said customary or copyhold day of pro and hereditaments, to be put up to sale at, &c., on the day of last, and at such sale G. H. of, &c., was declared to be the highest bidder for, and purchaser of the same hereditaments, and the customary fee simple and inheritance thereof, at or for the price or sum of £Now be it remembered that on the the said E. F. came before J. S., esquire, steward of the said manor, and by virtue and in execution of the trust or power reposed in him in this behalf, by and under the said Act of Parliament passed in the 7th year of the reign of his said late Majesty, and in further pursuance of and obedience to the said order of the said court, for relief of insolvent debtors, and, for and in consideration of the sum of £ of lawful money of the united Kingdom of Great Britain and Ireland, current in England, to him the said E. F., as such assignee as aforesaid, in hand well and truly paid by the said G. H. at the time of making this surrender, the receipt whereof, the said E. F. doth hereby acknowledge, did out of court surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward, by the rod, according to the custom of the same manor, All, &c., with the appurtenances to the same premises belonging or appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, trust, interest, benefit, power, claim and demand whatsoever, of the said E. F., in, to, or out of the said hereditaments and premises, and every part thereof, to the use of the said G. H. his heirs and assigns for ever, according to the custom of the said manor. Taken and accepted this day of, &c., by me, J. S., steward of the said manor. E. F. (Deed of covenant to surrender copyholds of inheritance to a purchaser.) This indenture, made the day of, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part. Whereas the said A. B. hath contracted and agreed with the said C. D. for the sale to him of the customary or copyhold hereditaments hereinafter described and covenanted to be surrendered, with their appurtenances, for an estate of inheritance in fee simple in possession, according to the custom of the manor of in the county of free from incumbrances as hereinafter mentioned, at or for the price or sum of £ And whereas the several deeds, evidences, and writings specified in the schedule hereunder written, relate as well to the said customary or copy hold hereditaments hereinafter described, as to other hereditaments, the estate and inheritance of the said A. B., of much greater value, and it hath therefore been agreed, that the same deeds, evidences, and writings, shall remain in the custody of the said A. B., and that he shall enter into the covenant for production and safe custody thereof, hereinafter contained (a). Now this indenture witnesseth, that for and in consideration of the sum of £of lawful money, (a) Ante, pt. 1, p. 586, et seq. &c., unto the said A. B., in hand well and truly paid by the said C. D., at or before the sealing and delivery of these presents, the receipt whereof the said A. B. doth hereby acknowledge; and thereof, and from the same and every part thereof, doth acquit, release, exonerate, and discharge the said C. D., his heirs, executors, administrators, and assigns, and every of them for ever, by these presents, (the ad valorem stamp in respect of which said purchase money is intended to be affixed to the surrender of the said hereditaments, according to the provisions of the act of parliament imposing such duty,) he, the said A. B., for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said C. D., his heirs and assigns, that the said A. B. or his heirs, and all other necessary parties, shall and will, at the next or some subsequent general, or at any special court baron, or customary court, to be holden for the manor of- aforesaid, or out of court, upon the request, and at the costs and charges of the said C. D., his heirs or assigns, duly surrender into the hands of the lord or lady, lords or ladies of the said manor, for the time being, according to the custom of the same manor, All, &c., with their and every of their appurtenances; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim, and demand whatsoever, of the said A. B., in, to, or out of the same hereditaments and premises, and every part thereof, to the use of the said C. D., his heirs and assigns, for ever, as he or they shall direct or require, and according to the custom of the said manor; and that in the mean time, and until such surrender shall be so made as aforesaid, and the said C. D., his heirs or assigns, shall procure admittance by virtue thereof, he the said A. B., and his heirs, shall and will stand seised and possessed of all and singular the same customary or copyhold hereditaments and premises, in trust only for the said C. D., his heirs and assigns. And the said A. B., for himself, his heirs, executors, and administrators, doth further covenant, promise, grant, and agree with and to the said C. D., 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 A. B., or any of his ancestors, at any time heretofore, made, done, committed, executed, or wittingly suffered to the contrary) he, the said A. B., now, at the time of sealing and delivery of these presents, is and standeth lawfully and rightfully seised of the said customary or copyhold lands, VOL. II. C C |