289 N.-In pursuance of a Deed, and by direction. The above form and F. will give the surrender in this case, and the directing party should sign a memorandum at the foot, as follows: "I consent to and direct the passing the above surrender." Dated, &c. 290 0.- Under Act for Relief of Insolvent Debtors. By Assignees and Insolvent and Wife. Be it remembered &c. [stating the parties as in R., if passed before different stewards, otherwise] that on &c. A. B. of &c., and C. D. of &c., assignees of the estate and effects of E. F. of &c., an insolvent debtor, duly appointed by the Court for the Relief of Insolvent Debtors in England, and to whom the usual conveyance of the real and personal estate was duly made by I. K. of &c., provisional assignee of the said Court, by indenture bearing date &c., and that on &c., the said E. F., the insolvent, and A. his wife, came before me L. M., gentleman, steward of the said manor, and of the courts thereof. And (she the said A., see A 3,) did out of Court, in consideration of &c. [state consideration paid to assignees, from A. 4,] and in consideration [nominal consideration to insolvent and wife] surrender out of their and each and every of their hands, &c., [A 5 to end.] The surrender from the assignees alone can readily be drawn from this form. The conveyance to the assignees is to be enrolled, see 245. 291 P.-On a Sale under a Court of Equity. Be it remembered, that on the day and year above written, A. B., of &c., a copyhold tenant of the said manor, came before me C. D., steward of the said manor and the courts thereof, and did, out of court, in consideration of the sum of £ the apportioned consideration money for the hereditaments hereinafter described, and part of the sum of £ the purchase money paid into the Bank England by C. D., of &c., with the privity of the Accountant General of the High Court of Chancery, to the credit of the cause, " B. v. G. and others," as appears by the receipt of the Accountant General, dated, &c; and in pursuance of an order of the said Court, bearing date &c., whereby a report by A. B. Esq., one of the masters of the said Court, made on &c., and declaring the said C. D. the purchaser of certain estates therein mentioned, and comprising the copyhold hereditaments hereinafter mentioned, was ordered to be confirmed; and that all requisite parties should make, pass, and execute proper conveyances, insurances, and assurances, to the said C. D., his heirs and assigns. Surrender &c., (as in B.) 292 Q.-Under a Power of Attorney. Be it remembered, that on the day and year above written, [vendor] of, &c., a copyhold tenant of this manor, by [attorney] of, &c., his lawful attorney, for that purpose duly authorised in and by a certain power of attorney, bearing date, &c., under the hand and seal of the said [vendor], came before &c., (as in A)., [omit clause 2,] and did out of court in consideration of [purchase money] to him in hand &c., the receipt &c., [A. clause 4,] surrender out of his hands into the hands of the lord, [lords or ladies, as the case may be] of the said manor, by the hands and acceptance &c., (A. clause 5, add clause 6, 7, 8, and 9. In 10, omit the examination part, and the attorney will sign the vendor's name to the receipt, adding, "by A. B., his attorney, by virtue of the aforesaid power of attorney.") day of 293 R.-Where passed before several Deputy Stewards. The date in clause 1, must be omitted, and the surrender commence as follows. Manor of W. H. Be it remembered, that on the [first vendor] of, &c., a copyhold tenant of the said manor, and G. his wife, came before the undersigned [first deputy] of &c., deputy steward for that purpose of [steward], chief steward of the said manor and the court thereof; and that on the [second vendor] of, &c., a copyhold tenant &c., 'came before the undersigned [second deputy] of, &c., (deputy steward for that purpose of the said steward), and she the said G., having been by the said [first deputy], first examined &c., (see clause 3 A,) the said [first vendor] and G. his wife, and [second vendor,] did out of court [proceed with remaining clauses of A., adding the words " and every" after "each."] day of The surrender from the said [first_vendor] The said Deputy Steward, pro. hac. vince. day of taken by me, S The said Deputy Steward, pro. hac. vince. Separate receipts to be signed by the parties, and the consideration clause altered in that respect, if separate sums paid. 294 S.-Under Fines and Recoveries Act. By 3 & 4 W. 4, c. 74, s. 50, a disposition by legal tenant in tail shall be made by surrender, and the consent of protector may be by deed or on the memorandum of surrender, ss. 51, 52. When no Protector. Be it remembered, that on &c., A. B., of, &c., a copyhold tenant of the said manor, came before me, C. D., &c., and did out of court, in consideration of, &c., (as in form A.) surrender &c., all &c. To which said hereditaments and premises the said A. B. was admitted tenant at a general court baron, or customary court, held for the said manor, on &c. to hold to him and the heirs of his body, according to the form and effect of a certain will therein mentioned or referred to. And the reversion &c., and all the estate &c., To the use &c. (As in A). 295 T.-Where a Protector consents. Be it remembered, that on &c., A. B. of, &c., a copyhold tenant &c., came before &c., and did out of court, by and with the consent of C. D., of &c., protector of the settlement under the will hereinafter mentioned, in pursuance of the power in that behalf contained in an act passed in the 3d and 4th years of the reign of his late Majesty, King William the Fourth, intituled, "An Act for the Abolition of Fines and Recoveries, and the substitution of more simple modes of assurance, ," testified by his signing his name at the foot of this surrender, and in consideration &c. (As in last Form). 296. Deed of Covenant on Absolute Surrender. 1. Commencement and parties. 5. Recital of agreements to enter in- 6. Testatum and covenant. 7. Lawfully seised. 1. This indenture, made, &c. between [vendor] of, &c. of the one part, and [purchaser] of, &c. of the other part. 2. Whereas the said [vendor] has, with E. his wife, on the day of the date of these presents, for valuable considerations surrendered into the hands of the lord of the manor of W., in the said county of S., according to the custom of the said manor, [where the surrender is of all and singular, &c. add "by a general description of all and singular," &c. 3. All those, &c. [description.] 4. To the use of the said [purchaser], his heirs and assigns. 5. And whereas, previous to the passing the said surrender, it was agreed by and between the parties hereto, that the said [vendor] should enter into the covenants hereinafter contained for the estate, title, possession, and assurance of the said hereditaments and premises. 6. Now this indenture witnesseth, that in pursuance of the said agreement, and for the considerations before mentioned, and in consideration of 10s. to him in hand paid at the execution hereof by the said [purchaser], the receipt whereof is hereby acknowledged, he, the said [vendor], doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said [purchaser] his heirs and assigns, in manner following. (viz.)— 7. That for and notwithstanding any act, deed, matter, or thing whatsoever by him the said [vendor] and E. his wife, or either of them, at any time heretofore made, done, committed, occasioned, executed, or willingly suffered to the contrary, he the said [vendor] at the time of passing the said surrender of even date herewith, was and stood lawfully seised of the said hereditaments and premises hereinbefore men.. tioned to have been surrendered, with their appurtenances, for a good, sure, perfect, absolute, and indefeasible estate of inhe ritance, in fee simple in possession, according to the custom of the manor of W. aforesaid, without any manner of condition, trust, or other restraint, cause, matter, or thing whatsoever, to alter, change, defeat, revoke, impeach, make void, charge or determine the same. 8. And also that for and notwithstanding any such act, deed, matter or thing as aforesaid, he the said [vendor] then had good right, full power, and lawful and absolute authority, with the said E. his wife, to surrender all and singular the said hereditaments and premises hereinbefore mentioned to have been surrendered, with their appurtenances, in manner expressed in and according to the true intent and meaning of the surrender of the said hereditaments and premises hereinbefore mentioned. 9. And moreover, that it shall and may be lawful to and for the said [purchaser], his heirs and assigns, from time to time, and at all times for ever hereafter, peaceably and quietly to enter into and upon, have, hold, use, occupy, possess, and enjoy, all and singular the same hereditaments and premises, with their appurtenances, and to receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, molestation, eviction, ejection, interruption, or disturbance whatsoever of, from, or by the said [vendor] and E. his wife, or his heirs, or of, from, or by any other person or persons whomsoever lawfully or equitably claiming or to claim by, from, under, or in trust for him, her, them, or any of them. 10. And that free and clear, and freely, clearly, and absolutely acquitted, exonerated, and discharged or otherwise, by the said [vendor], his heirs, executors, and administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other surrenders, gifts, bargains, sales, leases, mortgages, jointures, settlements, dowers, freebench, annuities, trusts, wills, entails, forfeitures, escheats, and all and singular other estates, titles, troubles, charges, and incumbrances whatsoever, had made, done, committed, executed, occasioned, or suffered by him the said [vendor] and E. his wife, or either of them; or by any person or persons whomsoever lawfully or equitably claiming or to claim by, from, through, under, or in trust for him, her, or them, or by or through his, her, or their acts, means, default, privity, consent, or procurement. 11. And further, that he the said [vendor] and E. his wife, and his heirs, and all and every other person or persons having, or lawfully or equitably claiming or to claim any estate, right, title, or interest into or out of the said hereditaments and premises, or any part thereof, by, from, under, or in trust for him, her, or them, shall and will from time to time, and at all times hereafter, at the reasonable request, costs, and charges of the said [purchaser] his heirs or assigns, make, do, pass, execute, and perfect, or cause and procure to be made, done, passed, executed, and perfected, all and every such further and other acts, deeds, surrenders, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely surrendering, conveying, assuring, and confirming all and singular the said hereditaments and premises hereinbefore mentioned to have been surrendered, with the appurtenances, to the use of the said [purchaser], his heirs and assigns for ever, according to the true intent and meaning of the said surrender, and according to the custom of the said manor of W., as by the said [purchaser] his heirs or assigns, or his or their counsel in the law, shall be lawfully and reasonably devised or advised and required; but so as the said [vendor] or the said E. his wife, or his heirs, be not required to go or travel from his or their usual and respective places of abode or dwelling for the doing thereof. In witness, &c. 12 Stamp 35s. 25s. progressive, if 30 folios, for each entire 15 beyond first. |