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Vol, Page.

The general words remainders and reversions, are
also sometimes omitted in deeds of feoffment,
and the reason

Unless, &c. in a præcipe and concord, meaning

i. 96

i. 107. n. 6

The words bargain and sale the most appropriate
in a deed of bargain and sale to be enrolled,
though not absolutely essential
i. 118.
The words bargain and sale most effective in a lease
for a year, though the word demise, which has no
operation, is sometimes used

Ways, paths, &c. are words improper to be intro-
duced in a lease for a year

n. 10

i. 148

i. 150

The word sealed in an attestation does not neces-
sarily imply that the deed was signed by the

i. 144

And see article Appointment, supra.

The words hath granted, observations on

i. 160

The word release peculiarly operative in deeds of

i. 161

The word grant

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The words bargain and sell in a deed of release

Operation of the word confirm

Import of the word alien"

Heirs and assigns proper words for the limitation
of an estate in fee-simple

Except to a corporation, where the word successors
must be used

Lawfully cluiming, why introduced in covenants
for peaceable enjoyment

Observations on the qualifying words, for and not-

i. 173


i. 180

i. 174, 178

The word surrender essential in the conveyance of
copy holds

The word grant is necessary in the conveyance of an
equity of redemption to a stranger; and the
words release, remise, and quit claim, when it is
to the mortgagee himself

Grant the only operative word in creating a right

of way

The words grant, bargain and sell in conveyances
of lands in Yorkshire, express covenants
The word demise essential in leases, as a word of

i. 273

i. 353


ii. 247

› warrauty

iii. 58

Words yielding and paying in leases, amount to an

implied covenant to pay

iii. 60

And the reversion and reversions, why used in mert-

gages by demise

iv. 127



Vol. Page.

iv. 127

"All the estate, right, title,and interest," intend no
more than the particular estate parted with
Perceive. This word operates as a limitation of a
rent-charge to the grantee, and the grantor will

be bound thereby, though the grant be defective v. 297、
Sequels, what intended thereby

Clear yearly rent, how construed

By the word issue, grand-children will take

vi. 499

vi. 412

vi. 421

The word unmarried in a will means not mar-

ried at the time; and the words without being

married, imply without ever having been married vi. 786


YEAR OF THE REIGN not material in a deed

i. 154


W. Flint, St. Sepulchre's, London.






No. I.

Affidavit to be made by an Insolvent Person, on
Purchasing under his Deed of Trust.

(The insolvent) maketh oath and saith, that to AFFIDAVIT. the best of his knowledge and belief all persons who were creditors of this deponent on the

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day of in the year of our Lord
the day on which this deponent executed an as-
signment of all his property, IN TRUST for the
benefit of his creditors, by a certain INDENTURE
of that date made between the deponent, of the
first part; three of the creditors of the said
deponent of the second part; and all other the
creditors of this deponent, who should have
signed and sealed the said INDENTURE, of the
part, or who have become creditors at any
time since, have duly executed the said INDEN-
TURE, and consented and agreed to the release and
discharge of this deponent in the manner therein
specified. AND that to the best of this depo-


AFFIDAVIT. nent's knowledge and belief, this deponent had

not, previously to the said

day of committed any act or acts of bankruptcy whatsoever. [Or if the (insolvent) cannot swear to this affidavit, let him swear] "That ALL persons

"who were creditors of this deponent on the

"day of

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in the year of our Lord

(being the day, &c.) or at any time since, have

duly executed, &c. except certain persons "who are not creditors in the whole for £200, "and no two of whom, or more than two dealing " in two copartnerships, are creditors for £150, "nor one of them, or more than one dealing in "one copartnership, is or are creditor or creditors "for £100; and that to the best of this deponent's knowledge, &c. he had not previously, &c. "committed any act of bankruptcy (1)."

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(1) In all cases of purchase from insolvents there is some degree of risque, as the purchase is liable to be defeated by a subsequent commission. The creditors who have signed the deed are, however, estopped from petitioning for a commission. (See Tappenden v. Burgess, 4 East. 236.) and if the remaining creditors are not sufficient in number and value for the purpose, no commission can be taken out. The affidavit may be sworn before any magistrate or officer who will administer an oath; but as it is not in the course of a legal proceeding, perjury could not be assigned thereon.


No. II.

Common Bond; with Variations.

KNOW ALL MEN by these presents, I

(obligor) of




in the county

am [or we (obligor)

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and (obligor) both of, &c. are jointly,
and that each of us is separately],
held and firmly bound to (obligee)
in the penal sum
of lawful money of the
united kingdom of Great Britain and
Ireland, of English value and currency,
to be paid to the said (obligee) his
certain attorney, executors, adminis-
trators or assigns. For which payment
well and truly to be made, I bind my-
self, my heirs, executors, and adminis-
trators, [or we bind ourselves, our and
each of our heirs, executors, and ad-
ministrators,] firmly by these presents,
sealed with my seal [or our seals,]
dated this first day of

in the

year of the reign of our sove

reign lord George the

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by the grace of God of the united kingdom of Great Britain and Ireland, king, defender of the faith, and in the year of our Lord

THE CONDITION of the above written obligation is such, that if the above bounden (Thomas obligor) his heirs, executors, or administrators, [or (Thomas obligor) and (James obligor,) their or either of their heirs, executors or administra


For Payment of

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