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FINES AND D. E. for himself and the said F. his wife, his and her heirs, doth covenant, promise, and grant, New Declara- and she the said F. doth consent and agree to and tion, former lost. with the said G. H. and his heirs by these pre
sents, that they the said D. E. and F. his wife, shall and will at the costs and charges in the law of the said D. E. his executors, administrators, and assigns, before the end of next Michaelmas term, or some other subsequent term, acknow. ledge and levy in due form of law, before his Majesty's Justices of the Court of Common Pleas at Westminster, unto the said G. H. and his heirs, one or more fine or fines, sur conuzance de droit come ceo, &c. with proclamations to be thereupon had according to the form of the statute in that case made and provided, and the usual course of fines in such cases used and accustomed of and concerning ALL, &c. and all ways, waters, watercourses, easements, profits, privileges, liberties, commodities, advantages, emoluments, hereditaments and appurtenances whatsoever, to the said messuages, lands, tenements, hereditaments, and premises herein before mentioned, and every of them belonging, or in any wise appertaining, or therewith, or with any part or parcel thereof usually held, used, occupied, or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof, and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the said premises, and of all the estate right, title, interest, inheritance, use, trust, property, claim and demand whatsoever, both at law and in equity of them the said D. E. and F. his wife, of, in, to, or out of the
same premises, every or any part or parcel there- FINES AND of, by such apt and fit names, descriptions, quantities and qualities of land and other particulars, New Declaraand in such manner and form as shall be advised tion, former lost. and thought fit for that purpose; AND it is hereby declared and agreed, by and between the said parties to these presents, that as well the said fine or fines, so as aforesaid, or in any other manner, or at any other time levied, or to be levied, of the said messuages, lands, tenements, hereditaments, and premises, or any of them, or whereunto they, or any of them are, or shall be parties or privies, shall be and enure, and shall be adjudged, deemed, construed, and taken, and so are and were meant and intended to be and enure, and the conuzee or conuzees in the said fine or fines named or to be named, and his or their beirs, shall stand and be seised of the same messuages, lands, tenements, hereditaments, and premises, with their and every of their appurtenances, to the use and behoof of the said G. H. his heirs and assigns for ever, and to and for no other use, intent, or purpose whatsoever. IN WITNESS, &c. AND WHEREAS in or as of Fine levied, term, in the year of our Lord
AND but deed has
been lost and
mis- draft only ex
fine was duly levied and perfected by the said D. E. and F. his wife, pursuant to the said indenture hereinbefore recited or set forth, as by the records of the said fine may appear. WHEREAS the said indenture has been lost or laid, and the draft thereof only is extant. AND WHEREAS the said draft hath been compared with and agreeth with the said indenture herein before recited or set forth. Now THEREFORE THESE Fresh declaraPRESENTS WITNESS, and the said D. E. and F.
FINES AND his wife, do hereby declare that they did both duly
sign and seal, and as their act and deed deliver the aforesaid indenture; and moreover that they the tion, former lost. said D. E. and F. his wife, did not at any time before the levying and perfecting the said fine, nor at any time since, direct or declare any other use thereof, and that the said fine was so levied, and at the time of so levying the same, was meant and intended by all the said parties to the said indenture to be and enure To THE USE AND BEHOOF of the said G. H. his heirs and assigns for ever, and to and for no other use, intent, or purpose whatsoever.
For other precedents touching the uses of fines, see Index, as well to this Volume as Mr. Barton's Precedents. Deeds of this nature when they are executed previously to the acknow ledging the fine, are termed Deeds leading the Uses thereof; and when subsequently to the acknowledgment, Deeds declaring the Uses.
Release by Tenant in Tail in Remainder, to bar of Lands in an Entail and create a Base Fee in a Moiety of
a Plantation in Jamaica.
THIS INDENTURE, made, &c. BETWEEN (te- Parties. nant in tail in remainder) of county of
one of the two only sons of of the island of Jamaica, Esq., and who as such is under and by virtue of the last will and testament of (his grandfather) deceased, entitled to the remainder in tail immediately expectant on the decease of the said (father) in an undivided moiety or half part of the plantation and estate hereafter described and intended to be hereby granted and released, of the one part; and (relessee) of
in the said county of
, of the other part; WITNESS- Witnesseth. ETH, that for docking, barring, extinguishing, and destroying the aforementioned estate tail and all other entails (if any such are) vested in him the said (tenant in tail) and for enabling him to charge, settle, convey, and assure the hereinafter mentioned moiety of the hereditaments hereinafter described in such manner as he shall judge proper, freed and discharged from such entail or entails. AND in consideration of the sum of five shillings of lawful money of the United Kingdom of Great Britain and Ireland, current in Great Britain, by the said (relessee) in hand paid to the said (tenant in tail) upon or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said
Of Lands in
Words of conveyance.
FINES AND (tenant in tail) HATH granted, bargained, sold, and released, and by these presents DoтH grant, bargain, sell, and release unto the said (relessee) (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said (tenant in tail) in consideration of five shillings, by indenture, bearing date the day next before the day of the date of these presents, for one whole year, commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession) and to
Mention of lease for a
Moiety of plan- his heirs, ALL THAT undivided moiety or half part (the whole into two equal parts to be divi ded) of and in all that plantation and estate called or otherwise, situate in the said island of Jamaica, and devised by the will of the said (grandfather) to the said (father) during his life, with remainder to the first and second sons of the body of the said (father) and the heirs of such first and second sons lawfully issu General words. ing, with remainder over. AND of and in all and singular the houses, out-houses, boiling-houses, curing-houses, store-houses, sugar-houses, edi fices, buildings, mills, stills, kilns, coppers, stews, ladles, skimmers, potting basons, sugar pots, worms, worm tubs, coolers, cisterns, utensils, effects, rights, members, and appurtenances, to the same plantation and estate belonging or in anywise appertaining; AND LIKEWISE of and in all and singular the negroes and other slaves, cattle, and stock, in, upon, or about the same plantation and estate, or thereto belonging, and their And the rever- progeny and increase respectively; AND the reversion and reversions, remainder and remainders,