tors, or assigns, shall, by and with, and out of the money to be recovered or raised by the ways and means last mentioned, pay and satisfy himself and themselves all arrears of the said annuity or yearly sum of £, and all costs, charges, and expenses occasioned by nonpayment thereof, and shall pay the residue and surplus of the monies so to be recovered or raised, to the said A. B., his executors, administrators, or assigns, for his and their own use and benefit. Provided always, and it is hereby agreed and declared, by and between the said parties to these presents, that it shall not be necessary for the said C. D., his executors, administrators, or assigns, to revive, or cause to be revived, the said judgment, or do any act, matter, or thing, to keep the same on foot, notwithstanding the same judgment shall have been entered of record, for the space of one year or upwards; and that the said A. B., his heirs, executors or administrators, shall not, nor will have or take, or attempt by any ways or means whatsoever, to have or take any advantage of the want of reviving or keeping the said judgment on foot; and that if he or they shall attempt so to do, by action or other proceeding or proceedings whatsoever, this present agreement shall or may be pleaded or shown in bar thereto, any rule or practice of the court of King's Bench to the contrary thereof, in anywise notwithstanding. Provided nevertheless, that after the decease of the said A. B., and full payment to the said C. D., his executors, administrators and assigns, of the said annuity or yearly sum of £, and all arrears thereof, up to the day of the decease of the said A. B., and of all such costs, charges and expenses, as aforesaid, the said C. D., his executors, administrators or assigns, shall and will, at the request, costs and charges of the heirs, executors or administrators of the said A. B., acknowledge satisfaction upon the record of the said judgment, in due form of law, or do any further or other reasonable act or acts, matters or things, that may then be required in regard thereto, so that for the doing thereof, the said C. D., his executors, administrators or assigns, be not compellable to travel from his or their usual place or places of abode. Provided always, and it is hereby declared and agreed, by and between the said C. D. and the said A. B., that in case the said A. B. shall, at any time after the expiration of two years, to be computed from the day of the date of these presents, be desirous of re-purchasing the said annuity or yearly sum of £—, and shall give to the said C. D., his executors, administrators or assigns, three calendar months' notice in writing of such desire; and upon the expiration of the said notice, or at any time afterwards, and on giving such notice as aforesaid, shall well and truly pay, or cause to be paid, to

the said C. D., his executors, administrators or assigns, the full sum of, being the consideration money for the purchase of the said annuity; and do and shall also well and truly pay or cause to be paid, to the said C. D., his executors, administrators or assigns, all sums of money, that shall then be due to him or them, for or on account of the said annuity of £, and also a proportionate part of the same annuity, up to and inclusive of the day of re-purchasing the same, and shall also well and truly pay, or cause to be paid, to the said E. F., his heirs or assigns, all sums of money which shall then be due to him or them, for or on account of such costs, charges and expenses as shall have been advanced, paid or incurred by him or them, in the execution of the trusts aforesaid; then and in that case the said C. D., his executors, administrators or assigns, shall and will accept and take the said sum of £- as and for the price of repurchase, and in satisfaction and full discharge of the said annuity of £; and upon the request, and at the costs and charges of the said A. B., his heirs, executors or administrators, the said C. D., his executors, administrators or assigns, shall and will acknowledge satisfaction upon the record of the said judgment; and then, and in such case, the said annuity of £, and the several covenants and agreements, powers and remedies, hereinbefore contained, for payment and security of the said annuity, shall cease and be void, to all intents and purposes whatsoever; and then, also, the said E. F., his heirs or assigns, shall and will, at the request, costs and charges of the said A. B., re-surrender and re-assure all and singular the said customary or copyhold hereditaments and premises, with their appurtenances, to the use of the said A. B. and his assigns, for his life, subject nevertheless, and without prejudice, to any such sales, mortgages, or demises, which may be made at any time hereafter, under and by virtue of the trusts herein before contained; and then also the said C. D., his executors, administrators or assigns, shall and will, at the like request, costs and charges of the said A. B., assign and transfer to him, the said A. B., his executors, administrators or assigns, for his and their own use and benefit, any policy or policies of insurance, which may have been effected by the said C. D., upon the life of the said A. B., in connection with this present security. witness, &c. (a)

(a) It would be necessary to register a memorial of the above deed, in the form given in the act of 53 G. 3. c. 141,

In

and by which the act of 17 G. 3. c. 26, is repealed.

As the clause in the latter act, re

(Power to enable successive tenants for life of a manor, to grant licences to demise to copyholders.) (b).

Provided always, and it is hereby further declared and agreed, by and between all the said parties to these presents, that it shall and may be lawful, to and for the said A. B. and C. D. respectively, when, and as they respectively shall be in the actual possession of the aforesaid manor of ▬▬ by virtue of and under the limitations hereinbefore contained, to grant to all or any of the customary or copyhold tenants of the same manor, any license or licenses to demise or lease all or any part of the lands, tenements or hereditaments, holden by them respectively, by copy of court roll of the said manor, so, nevertheless, that such license or licenses respectively, shall not exceed the term of years, from the time of granting the same; and that the said A. B. and C. D. respectively, do take only the usual and accustomed fines, and do conform in all other respects to the custom of the said manor, in relation to the like grants or licenses.

(Proviso in a will, authorising trustees to grant leases of copyholds, under similar restrictions to those previously imposed with respect to freeholds.)

Provided always, and my will is, that it shall be lawful for the said A. B. and C. D., and the survivor of them, his heirs and assigns, by and with the consent of the lord or lady, lords or ladies, of the said

quiring the consideration for the annuity, and the name of the person by whom, or on whose behalf it is advanced, to be stated in every instrument forming part of the security, is not repeated in the act of 53 G. 3., it would be sufficient to state, in the surrender, that the same was made by A. B., in consideration of L paid to him by C. D., and upon the trusts of a certain deed, made between, &c., by which an annuity was granted by A. B., to C. D., for the life of the said A. B. If, however, C. D.

acted as a trustee only for another person, it would then be necessary to state the name, &c. of such person in the surrender, and also in the warrant of attorney, otherwise the instrument is rendered void, by the 4th sect. of the act of 53 G. 3.

The ad valorem duty, I apprehend, is to be affixed to the surrender, as that is declared by the acts of 48 G. 3. c. 149. and 55 G. 3. c. 184. (post.) to be the principal instrument. (b) Ante, pt. 1.

p.

546.

manor of

for the time being, by indenture or indentures, to demise and lease all or any part of the said customary or copyhold lands, hereditaments, and premises hereinbefore devised, for such and the like term or terms of years, in possession, and not in reversion, or by way of future interest, and under and subject to the like restrictions and conditions, as I have hereinbefore directed and provided, with respect to the freehold estates, adjoining or contiguous to the same customary or copyhold hereditaments respectively; provided nevertheless, that the person or persons beneficially intitled to the rents and profits of the said customary or copyhold hereditaments, in possession, for the time being, if he, she, or they, shall have attained the age of 21 years, shall signify his, her, or their consent and approbation to every such lease, so to be granted as aforesaid, by some writing or writings under his, her, or their hand and seal, or hands and seals, to be attested by two or more credible witnesses.

(Lease by trustees and the cestui que trusts, to commit a forfeiture of copyholds, in order to bar an equitable estate tail.) (a)

day of ———

This indenture, made the &c. between R. S. of, &c., and T. W. of &c. [the trustees,] of the first part, I. K. of &c. [equitable tenant for life,] of the second part, I. L. of &c. and E. L. [the equitable tenant in tail in remainder,] the wife of the said I. L. of the third part, and Y. Z. of &c., of the fourth part; witnesseth, that to the intent that a voluntary forfeiture may be committed, and a seizure made of the messuages, lands, and hereditaments, hereinafter described, with their appurtenances, according to the custom of the manor of in the county of in order to dock,

(a) See Ante, pt. 1. p. 71, et seq. It is usual in these cases for the homage to present the lease creating the forfeiture, in the terms of the subjoined precept, and to enter on the Court Rolls such presentment, and also a presentment of the precept and the bailiff's return, and that proclamation was thereupon made for the late tenant, or other person who could show title, to come into court and pay a fine, who should be

,

heard: but that no person appeared, "wherefore default is recorded:" and the copy of these presentments is called the inquisition of the homage. The lands are afterwards regranted according to the desire of the parties.

[But see the provisions of the act of 3rd and 4th W. 4. c. 74, for effecting a bar of equitable estates tail of copyholds, ante, pp. (12,) n. a. (52,) (140.) Vide also extracts from that stat. post.]

bar, and extinguish the estate in tail general, to which the said E. L. is now equitably intitled, of and in the same hereditaments, and all remainders and reversions thereupon expectant or depending, and that an estate by copy of court roll, according to the custom of the said manor, may be re-granted to and vested in the said R. S. and T. W., and their heirs, upon and for the trusts, intents, and purposes hereinafter expressed, and in consideration of the sum of 10s. a piece of lawful money, &c., to the said R. S., T. W., I. K., and I. L., and E. L. his wife, in hand paid by the said Y. Z., at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, and also for and in consideration of the rent and reservations hereinafter contained, and for divers other good causes and considerations, the said R. S., T. W., I. K., and I. L., and E. L. his wife, hereunto especially moving, they the said R. S. and T. W., and the said I. K. and I. L., and E. L. his wife (she the said E. L., being first examined separately and apart from her said husband, by J. S. esquire, chief steward of the said manor, and freely and voluntarily consenting thereto,) have and each and every of them hath demised, leased, granted, and to farm letten, and by these presents do, and each and every of them doth, demise, lease, grant, and to farm let, unto the said Y. Z. his executors, administrators, and assigns, All &c., with their and every of their appurtenances, to have and to hold the said messuages, lands, and all and singular other the hereditaments and premises hereinbefore described, and hereby demised and leased, or intended so to be, with their appurtenances, unto the said Y. Z. his executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during, and until the full end and term of seven years thence next ensuing, and fully to be complete and ended: Yielding and Paying therefore yearly and every year during all the said term unto the said R. S. and T. W., their heirs and assigns, the yearly rent or sum of five shillings, on the feast day of the birth of our Lord Christ, clear of all taxes and deductions whatsoever. And it is hereby declared and agreed, that the forfeiture intended to be committed by this present demise or lease, is for the purpose, and to the intent, to bar such the equitable estate tail of the said E. L. as aforesaid, and all remainders and reversions thereupon expectant or depending, of and in the aforesaid customary or copyhold messuages, lands, hereditaments, and premises, and that the same premises may be re-granted to and vested in the said R. S. and T. W., their heirs and assigns, upon the trusts, intents, and purposes ex