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beirs, and all and
Introduction to the Uses of a Fine.
THIS INDENTURE, made, &c. BETWEEN (cognizor) (1) and (his wife) of the one part; and (cog- the Uses of a nizee) of the other part; WITNESSETH, that for the settling, conveying, and assuring, the several messuages, lands, and hereditaments, hereinafter mentioned and described to the uses, upon the trusts, and to and for the ends, intents, and purposes, hereinafter limited, expressed, and declared; and for and in consideration of the sum of five shillings to the said (cognizor and wife) in hand paid by the said (cognizee), at or before sealing and delivering these presents, the receipt whereof is hereby acknowledged, HE the said (cognizor) for himself, his heirs, executors, and administrators, DOTH covenant, promise, grant, and agree to and with the said (cognizee)
(1) A cognizor is he that passeth or acknowledges a fine of lands or tenements to another; and a cognizee is he to whom the fine of the said lands or tenements is levied: 32 Hen. VIII. c. 5.
FINES AND his heirs and assigns, in manner following, (that RIES. is to say), That he the said (cognizor) and (his wife) she the said (wife) thereunto freely and the Uses of a voluntarily consenting, shali and wil, either alone or together with other parties or parcels at the costs and charges of the said (cognizor) his executors or administrators, in or before Term, next ensuing, or in or as of some other term when thereunto requested by the said (conuzee) and his heirs, or any of them, acknowledge and levy in due form of law before his Majesty's Justices of the Court of Common Pleas at Westminster, unto the said (cognizor) and his heirs, one or more fine or fines sur conuzance de droit come ceo, &c., whereupon proclamations shall and may be had and made according to the form of the sta tute in that case made and provided, and the usual course of fines in such cases accustomed of and concerning (I) (here introduce the parcels
(1) Of shares in the New River Water Works, "ALL THOSE five full eighth parts, the whole into eight parts to be divided of her the said
of and in ALL THAT one thirty-sixth part or share of the moiety called the King's Moiety of the New River Water Work, Cut, and Stream thereof, brought from Chadwell and Amwell, in the counties of Hertford and Middlesex, or one of them to the city of London, as the same is or was mixed with Sir Edward Ford's work, the said King's moiety into thirty-six parts or shares, to be divided and of and in ALL THAT messuage belonging or used as belonging to the said Works, with the ponds, yards, and gardens, thereunto belonging, situate, lying, or being in the parish of Islington, in the said county of Middlesex; and of and in ALL OTHER messuages, tenements, buildings, rivers, ponds, streams, and water
Deed leading the ses of a
or property of which the fine is intended to be FINES AND levied with appropriate general words) by such apt and convenient names, quantities, qualities, numbers of acres, and other descriptions, to distinguish and comprise the same as the said (cognizee) his heirs and assigns, or any of them, his, their, or any of their counsel in the law shall consider effectual, or shall reasonably devise, advise, and require WHICH SAD FINE OR FINES SO AS AFORESAID, or in any other manner, or at any other time or times, levied or be levied and acknowledged, and all and every other fine and fines, recovery and recoveries, conveyances and assurances in the law whatsoever heretofore had, made, levied, acknowledged, suffered, or executed, of and concerning (1) all or any part or parts of the same premises, either alone or together with other hereditaments; and by the
courses, belonging or used or enjoyed as belonging to the said water-courscs; and of the ground and soil of the said river, ponds, streams, and water-courses; and of and in all pipes, conduits, engines, cisterns, and other implements, to the same belonging; and of and in all and all manner of profits, advantages, and commodities whatsoever thereof, or by reason or means thereof, to be paid, raised, or gotten; and of and in all such fines and sums of money, rents, reservations, benefits, profits, and commodities whatsoever, that now are or at any time or times hereafter shall or may be raised, had, made, levied, or gotten, by any place or places, or unto snch person or persons whatsoever."
(1) If of shares of the New River Water Works, say, and concerning the said shares and hereditaments, or any of them, or any part or parcel of the same.”
FINES AND description aforesaid, or by or between the said parties to these presents, or any of them, or whereunto they or any of them, are, is, or shall be party or parties, privy or privies, shall so far as they or any of them relate to or concern the said hereditaments and premises, be and enure; and the same fine or fines, recovery or recoveries, conveyances and assurances, are hereby declared to have been at the time of levying, suffering, or executing the same, meant and intended to be and enure to the uses upon the trusts, and to and for the ends, intents, and purposes, hereinafter limited, expressed, and declared of and concerning the same, (that is to say), (here express the uses.) IN WITNESS, &c.
Deed declaring the Uses of a Fine.
THIS INDENTURE, made, &c., BETWEEN (cogDeed declaring nizor) and (his wife) of the one part; and (the Fine. cognizee) of the other part. WHEREAS the said
the Uses of a
(cognizor) and (his wife) did in or as of
Term, now last past, levy and perfect a fine sur conuzance de droit come ceo, &c. unto the said (cognizee) and his heirs, of and concerning ALL, &c. by the name of, &c. but no uses of such fine were at the time of levying or perfecting thereof, nor hath hitherto been declared of the same. NOW THEREFORE THIS INDENTURE WITNESSETH, AND IT IS HEREBY DECLARED AND AGREED, by and between all and every the said parties to these presents, so far as they are respectively interested, that the said fine so as aforesaid, and all and
every other fine and fines, &c. [as in last pre- RECOVE cedent] and the same fine or fines are hereby de-, RIES clared to have been at the time of levying, suffering, or executing the same, meant and intended to be and enure to the uses, upon the trusts, and to and for the ends, intents, and purposes hereinafter limited, expressed, and declared of and concerning the same, [here express uses.] IN WITNESS, &c.
The Mode of supplying a Defect in Title occasioned by the Loss of Deed, leading the Uses of a Fine.
TO ALL WHOM THESE PRESENTS SHALL COME UNTO AND CONCERN, D. E. of county of
New Declaration, former losi.
gent. and F. his wife, sends
to lead the
uses of fine.
greeting. WHEREAS the said A. B. and C. his Reciting deed wife, did duly sign and seal and as their act and deed deliver a certain indenture in the words following, (that is to say) THIS INDENTURE, made, &c. BETWEEN D. E. of, &c. and F. his wife, of the one part, and G. H. of, &c. of the other part; WITNESS ETH, that for the settling, conveying, and assuring the messuages, lands, tenements, hereditaments, and premises hereinafter mentioned and described, to and for the herepurposes several uses, estates, intents, and inafter expressed and declared, and for and in consideration of the sum of five shillings a piece of lawful money of, &c. to the said D. E. and F. his wife, in hand paid by the said G. H. at or before the execution of these presents, the receipt whereof is hereby acknowledged, he the said