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506.-Conditional Surrender in Court.

1. ALSO, at this court come [A. B.], of, &c., a copyhold tenant of this manor, and [M.] his wife, and the said A. B. proposeth, with the said M. his wife, to surrender the hereditaments and premises copyhold of this manor, and hereinafter described or mentioned, to the use of [mortgagee], and his heirs. And in pursuance of the act or acts of parliament requiring the same, the said A. B. doth deliver to the steward of this manor a writing," under the hand of him the said A.B., certifying that the said proposed surrender is not upon a sale, but by way of mortgage, and that the full consideration on the same is the sum of £ and no more.

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2. AND AFTERWARDS the said A. B. and M. his wife (she having been by the said steward first examined, separate and apart from her said husband, touching her free and voluntary consent to the making and passing the said proposed surrender, and freely and voluntarily consenting thereto, as by law required) Do, in open court, before the homage, in consideration of the sum of £ of lawful money of Great Britain to the said A. B. in hand, well and truly paid, lent, and advanced, at or immediately before the passing the said surrender, by [mortgagee], of, &c., the receipt whereof the said A. B. doth hereby and by the receipt on the said certificate acknowledge, sURRENDER out of their and each of their hands into the hands of the lord of this manor, by the hands and acceptance of the said steward, by the rod, according to the custom of this manor,

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3. ALL, &c., [description: if general description, say ALL and every the messuages, lands, tenements, hereditaments, and premises whatsoever of them the said A. B. and M. his wife, or either of them, holden of this manor by copy of court roll, with their and every of their rights, members, and appurtenances."] And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part and parts thereof, with the appurtenances; and all the estate, right, title, interest, inheritance, use, trust, benefit, property, possession, power, claim, and demand whatsoever, both at law and in equity, of them the said A. B. and M. his wife, or either of them, of, in, to, from, or out of the said hereditaments and premises, and every part thereof, with the rights, anembers, privileges, appendages, and appurtenances.

*See form of certificate next page.

4. TO THE USE and behoof of the said [mortgagee], his heirs and assigns for ever, according to the custom of this

manor.

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5. SUBJECT nevertheless to and upon this express condition, that if the said A. B., his heirs, executors, administrators or assigns, do and shall well and truly pay, or cause to be paid, unto the said [mortgagee], his executors, administrators or assigns, the sum of £ of lawful money of Great Britain, on, &c. [six months], together with interest for the same at and after the rate of [51.] for every sum of £100 by the year, to be computed from the day of passing this surrender, without any deduction or abatement whatsoever; Then this surrender to be void and of no effect, otherwise to remain in full force, power, and virtue.

[The same stamp must be impressed on the copy of the surrender as would have been on a surrender out of court.]

507.-Certificate of Consideration on aforegoing Surrender. Manor of To the steward of the said manor, or his lawful W. deputy for the time being.

I, A. B., of, &c., a copyhold tenant of this manor, do propose with [M.] my wife, to surrender at a court this day holden for the said manor, all and singular the messuges, lands, tenements, hereditaments, and premises of me the said A. B., and M. my wife, and each of us, holden of the said manor [or of all that, &c.," adding description], to the use of [mortgagee], of, &c., and his heirs; And in pursuance of the act or acts of parliament requiring the same, I do certify that the said proposed surrender is not upon a sale, but by way of mortgage; and that the full consideration on the same is the sum of and no more. Witness my hand this

Witness,

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day of

18.

(Q)

RELEASES.

508.-By Widow of Dower or Freebench.

1. Also at this court cometh [widow], of, &c., widow of A. B. deceased, late a copyhold tenant of this manor, and in consideration of the natural love and affection which she hath and beareth for [heir], her [son], [if for pecuniary considera

tion, state it in usual manner] doth, in open court surrender out of her hands into the hands of the lord of this manor, by the hands and acceptance of the said steward, by the rod, according to the custom of this manor; and doth also remise, release, and for ever quit claim,

2. All the customary dower, widow's estate, or freebench right, title, and interest whatsoever of her the said [widow], in, to, or out of All that, &c. [If the heir admitted at same court, say "all and singular the messuages, lands, tenements, and hereditaments whatsoever, holden by copy of court roll of this manor, to which the said [heir] hath at this court been admitted tenant.'

3. To which hereditaments and premises the said [heir] was admitted tenant at, &c., stating admission.

4. To the use and behoof of the said [heir] and his heirs, according to the custom of this manor, to the end and intent that the said [heir] and his heirs may henceforth have, hold, possess, and enjoy all and singular the hereditaments and premises herein before described, freed and discharged of and from the customary dower, widow's estate, or freebench, of her the said [widow] in, to, or out of the same premises, or any part thereof, and of and from all actions, suits, claims, and demands in respect thereof, or in anywise relating thereunto.

509.-Of Equity of Redemption.

1. Whereas at a general court baron and customary court, holden in and for this manor, on, &c., [mortgagee] of, &c., was admitted tenant on the forfeited conditional surrender of [mortgagor, describing him], bearing date, &c. To all, &c. [describing premises], to hold to the said [mortgagee], and his heirs according to the custom of this manor, and now stands admitted thereto.

2. Now at this court cometh the said [mortgagor], and proposeth to surrender and release the said hereditaments and premises, equity and benefit of redemption, right and title of him the said Emortgagor] therein and thereto, unto the said [mortgagee] and his heirs; and in pursuance of the act or acts of parliament requiring the same, doth deliver to the steward a certificate* in writing under the hand of the said [mortgagor], stating that the full consideration on the said proposed surrender and release is the sum of £

no more.

and

3. And immediately afterwards the said [mortgagor] doth in open court, before the homage, in consideration of the

* Same as in class F., adding " release."

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said sum of £ of lawful money aforesaid, to the said [mortgagor] in hand, now well and truly paid by the said [mortgagee], the receipt whereof the said [mortgagor] doth hereby, and by the receipt written on the said certificate acknowledge, surrender, and also remise and release out of his hands into the hands of the lord of this manor, by the hands and acceptance of the said steward, by the rod, according to the custom of this manor.

4. All and singular the hereditaments and premises hereinbefore mentioned or described, and to which the said [mortgagee] was admitted tenant as aforesaid.

5. And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part thereof, with the appurtenances, and all the estate, right, title, interest, equity, and benefit of redemption, property, power, claim, and demand whatsoever, of him the said [mortgagor], of, in, to, or out of the said hereditaments and premises, and every part thereof.

6. To the only and absolute use and behoof of the said [mortgagee], his heirs, and assigns for ever, freed and discharged of all equity and benefit of redemption, estate, right, title, claim, or demand whatsoever, of him the said [mortgagor] and his heirs, and all actions, suits, claims, and demands in respect thereof or in anywise in relation thereto.

Should the wife be made a party, this form will serve, altered as in the next form.

510.-Surrender and Release by Heir or other Party possessing a Right.

1. Whereas, &c. [recite admission of party to whom release is to be made, and that he still stands admitted; and also recite such facts as may shew how the party claims, which of course must differ according to the particular circumstances of the case.]

2. Now at this court come the said [heir] and [M.] his wife, and propose to surrender and release the said hereditaments and premises, and all their estate, right, and title therein and thereto, to the use of the said [tenant], his heirs and assigns; and the said [heir], pursuant to the act or acts requiring the same, doth deliver to the steward a writing, * under the hand of the said [heir], certifying that the full consideration on the said surrender and release is the sum of £ and no more.

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* As in class F., adding "release."

3. And immediately afterwards the said [heir] and [M.] his wife, (she the said [M.] being by the said steward first examined separate and apart from her said husband, touching and concerning her free and voluntary consent to the making and passing the said surrender and release, and freely and voluntarily consenting thereto, as by law required.)

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4. Do in open court before the homage, in consideration of the sum of £ of lawful money of Great Britain to the said [heir] in hand now well and truly paid by the said [tenant], the receipt whereof the said [heir] doth hereby, and by the receipt for the said sum on the said certificate in writing acknowledge, surrender out of their and each of their hands into the hands of the lord of this manor, by the hands and acceptance of the said steward, by the rod, according to the custom of this manor.

5. All, &c. [description], and the reversion, &c., and all the estate, &c. [506, 3.]

6. To the only and absolute use and behoof of the said [tenant], his heirs and assigns for ever, according to the custom of this manor, freed and absolutely discharged of and from all the estate, right, title, claim, and demand, both at law and in equity, of them the said [heir] and [wife] and each of them, of, in, to, or out of the said hereditaments and premises, and every part thereof, with the appurtenances, and so that neither he the said [heir], nor the said [M.] his wife nor his heirs, may have, claim, challenge, or demand therein or thereto any estate, right or title whatsoever, but shall for ever hereafter be therefrom by this release precluded and barred.

(R)

511.-Apportionment of Rent.—Acknowledgment of Free Tenure. Licenses, and Conclusion.

Appotionment of Rent.—Also at this court the annual quit rent payable in respect of the hereditaments holden of this manor by copy of court roll, whereto A. B. lately stood admitted, and to certain parts whereof C. D. hath at this court been admitted tenant, is apportioned as follows (that is to say) the sum of part thereof to be paid by the said C. D. and his heirs, in respect of the hereditaments to which he hath at this court been admitted tenant; and the sum of residue thereof, to

be paid by the said A. B. and his heirs, in respect of the remaining part of the said hereditaments to which he still stands admitted tenant.

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