Common surrenders and releases of right, are generally made in Court. See Court Keeping Forms, 528, &c.; and if advisable, a power of attorney to surrender and release can be prepared from No. 329. 2. Between [executors, describing them] of the one part, and [purchaser] of, &c. of the other part. 3. Whereas, at a general court baron, or customary court, held for the manor of, &c. on, &c. the [testator] of, &c. was duly admitted to the after-described hereditaments, to hold to him and his heirs, according to the custom of the said manor. 4. And whereas the said [testator] in and by his last will and testament, bearing date, &c., after giving the said hereditaments to C. D. for life, directed, authorised, and empowered the said [executors], or the survivor, his executors or administrators, to make sale and dispose thereof [stating the power as in the will, and stating fully the declaration that the receipts by executors should be discharges]. 5. And whereas the said [testator] departed this life on or about, &c. without having altered or revoked his said will, and the same was, on or about, &c. duly proved in, &c. by the said executors. 6. And whereas the said C. D. died on or about, &c. 7. And whereas the said [executors] by virtue of the said power in the will of the said [testator] contained, lately contracted with the said [purchaser] for the sale to him of the hereditaments after described, free from incumbrances, at the sum of £ 8. Now this indenture witnesseth, that in pursuance of the said contract, and in consideration of the said sum of £ of lawful money of Great Britain to the said [executors] in hand well and truly paid by the said [purchaser] at or immediately before the execution of these presents, the receipt whereof and that the same is in full for the absolute purchase of the customary fee simple and inheritance of the said hereditaments, the said [executors] do hereby acknowledge, and of and from the same and every part thereof, do hereby, and by the receipt hereupon endorsed, acquit, release, and for ever discharge the said [purchaser] and his heirs, and also the said heredita ments. 9. They the said [executors] in further pursuance and exer. cise of the said power or authority in this behalf given to them in and by the said recited will, and of all and every other power and powers, authority and authorities, them enabling hereunto. 10. Have, and each of them hath, bargained and sold, limited, appointed, conveyed, and assured, and by these presents do, and each of them doth, bargain, &c. unto the said [purchaser] his heirs and assigns. 11. All, &c. [description] together with all houses, outhouses, &c. [general words applicable]. 12. And the reversion, &c. And all the estate, &c. [see absolute surrender]. 13. To have and to hold all and singular the said [messuage or tenement] hereditaments and premises mentioned, or intended to be hereby bargained and sold, or otherwise assured, with the appurtenances, unto and to the use of the said [purchaser] his heirs and assigns, for ever, according to the custom of the said manor. 14. And the said [executors] do hereby for themselves severally, and for their several and respective heirs, executors, and administrators, covenant and declare with and to the said [purchaser] his heirs and assigns, that they the said [executors] have not nor hath either of them, at any time heretofore, made, done, committed, executed, or suffered, or been party or privy to any act, deed, matter or thing whatsoever, whereby or by means whereof the said hereditaments hereby mentioned to be bargained and sold, or otherwise assured, with the appurtenances, are, is, can, shall, or may be impeached, charged, affected, or incumbered in title, estate, or otherwise howsoever. In witness, &c. Conveyance stamp. 302.-Bargain and Sale under a Bankruptcy, where Premises mortgaged. 1. Commencement. 2. Parties. 3. Recital of Admission. 5. 7. 9. Bargain and Sale. 10. Description. 11. Reversion and Estate, &c. Conditional Surrender. 12. Habendum. Fiat and Proceedings. Contract for Sale. Agreement by Bankrupt and Wife to join. 8. Testatum, Consideration and Receipts. 1. This indenture made, &c. 13. Authority to Surrender. 14. Covenant from Assignees and Mortgagee. 15. Covenant by Bankrupt for further Assurance. 2. Between [4. B., C. D., and E. F.] esqrs., the major part of the commissioners named and appointed in and by a fiat in bankruptcy, awarded and issued, and now in prosecution against [bankrupt,] of, &c. [wine and brandy merchant,] dealer and chapman, of the first part; G. H. of, &c. and I. K. of, &c., assignees of the estate and effects of the said bankrupt of the second part; C. K. of, &c. [bankrupt] and E. his wife, of the third part; [mortgagee] of, &c. of the fourth part; and [purchaser] of, &c. of fifth part. 3. Whereas, &c. [recite admission of bankrupt. form.] See last 4. And whereas, on or about, &c. the said [bankrupt] and his wife, out of court, duly surrendered all and singular, &c., to the use of the said [mortgagee], his heirs and assigns, upon condition to be void on payment to him, his executors, administrators, or assigns, of £ and lawful interest on, &c., but which was not paid, and with an arrear of interest still remains due and payable to him. , 5. And whereas a fiat in bankruptcy, bearing date, &c., and directed to, &c. duly issued against the said [bunkrupt] by the direction of, &c. and the said [bankrupt] was, on or about, &c. duly adjudged a bankrupt, and on or about, &c. the said [assignees] were duly chosen, nominated, and appointed assignees of the estate and effects of the said [bankrupt,] and the certificate of such appointment was duly signed by the said [commissioners.] 6. And whereas the said [assignees] lately contracted with the said [purchaser] for the absolute sale to him of the after-described hereditaments, at the sum of £ out of which sum it is agreed that the principal and interest monies due to the said [mortgagee,] being the sum of £ as the said [assignees] and [mortgagor] do hereby respectively acknowledge, shall be paid and satisfied. 7. And whereas, the said [bankrupt] and his wife have agreed to join in conveying and assuring the said heredita ments. of of to 8. Now this indenture witnesseth, that in pursuance of the premises, and in consideration of the sum of £ lawful money, &c. to the said [mortgagee,] and of £ like lawful money, remainder of the said sum of £ the said [assignees], with the privity and approbation of the said [commissioners], testified by their execution hereof, in hand well and truly paid by the said [purchaser,] at or immediately before the execution hereof, the receipt of which sums respectively, making together the said purchase money, they the said [mortgagee] and [assignees] do hereby respectively admit and acknowledge, and thereof and therefrom, and from every part thereof, do acquit, release, and for ever discharge the said [purchaser], his heirs, executors, &c. and also the said hereditaments by these presents, and in consideration of 10s. each to them the said [commissioners] [and the said bankrupt and wife] in like manner paid, the receipt whereof is hereby acknowledged, 9. They the said [commissioners] have bargained, sold, assigned, conveyed, and assured, and by these presents do bargain, &c. and the said [assignees,] and the said [bankrupt] and wife have, and each and every of them hath bargained, sold, remised, released, and confirmed, and by these presents do bargain, &c. and the said [mortgagee] hath released and quitted claim, and by these presents doth release, &c. unto the said [purchaser], his heirs, and assigns. 10. All that, &c. [Description and general words.] 11. And the reversion, &c. and all the estate, &c. of all said parties [in surrender A.] 12. To have and to hold the said hereditaments and premises mentioned, or intended to be hereby bargained and sold, or otherwise assured, with the appertunances, unto and to the use of the said [purchaser], his heirs and assigns for ever, at the will of the lord, and according to the custom of the said manor of by the rents and services therefore due, and of right accustomed. 13. And this indenture also witnesseth, that in pursuance of the said sale and purchase, and of the act or acts of parliament enabling them in that behalf, and for the considerations aforesaid, they the said [commissioners] do hereby authorize and entitle, and also nominate and appoint the said [bankrupt] their true and lawful attorney, for them the said [commissioners] and on their behalf, or in the name or stead of the survivors of them, to surrender into the hands of the lord or lords, lady or ladies for the time being, of the said manor of according to the custom thereof, all and singular the said hereditaments and premises hereinbefore described, and hereby bargained and sold, or intended so to be, and every part and parcel thereof, with the appurtenances, and all the estate, right, title and interest of them the said [commissioners,] and also of the said [bankrupt] of, in, and to the same, to the use of the said [purchaser,] his heirs and assigns for ever, at the will of the lord, and according to the custom of the said manor, and for them the said [commissioners], and the survivors of them, in their or his names or name to do and execute all and every act, matter, and thing that shall be required for making such surrender as aforesaid, and for procuring the said [purchaser], his heirs, and assigns, to be admitted to the said copyhold premises accordingly, as fully to all intents and purposes as if they were personally present and did the same themselves, and the said [commissioners] do hereby ratify and confirm all and whatsoever their said attorney shall lawfully do or cause to be done in and about the premises. 14. And the said [assignees] and [mortgagee] do hereby severally, &c. [add covenants from assignees and mortgagor that they have not encumbered. See last precedent.] 15. And the said [bankrupt] for himself, and the said his wife, and his [and her, if wife's property], heirs, executors and administrators, doth hereby covenant, promise and agree to and with the said [purchaser], his heirs, and assigns, that he the said [bankrupt], and the said his wife, and his [her] heirs, shall and will at any time or times hereafter, at the request, costs, and charges of the said [purchaser], his heirs or assigns, make, pass, and execute, and join and concur in making, passing, and executing all such further acts, surrenders and deeds, whatsoever, for further, better, and more effectually conveying and assuring the aforesaid hereditaments, with the appurtenances, to the use of the said [purchaser], his heirs and assigns, or as he or they shall direct, according to the custom of the said manor, as by him or them, or his or their counsel in the law, shall be reasonably devised, advised, or required. This deed must be acknowledged and enrolled. See 6 G. 4, c. 16, s. 68, and the following will be the exhibit on the deed and affidavit of execution. The surrender passed under the power in this deed, will be found in form 288. A warrant to enter satisfaction must also be prepared. [See form 306.] 303. Exhibit to be written on Deed. This is the indenture of bargain and sale referred to in the affidavit of D. C. M., gentleman, sworn before me this day of [To be signed by the master, or master extraordinary, before whom affidavit taken.] 304. Affidavit.-2s. 6d. Stamp. D. C. M., of &c., gentleman, maketh oath and saith, that he was present on, &c., and did see the indenture hereunto annexed, bearing date, &c., and made between, &c., signed, sealed, and delivered by the said [one party, usually purchaser.] And that the names "D. C. M." and "R. A." set or subscribed as witnesses to the due execution of the said indenture by the said [purchaser] are of the respective proper hands writing of the said R. A., and of this deponent. D. C. M. Sworn [at W. in the connty of S.] the 18 • day A master extraordinary in Chancery. The bargain and sale will be on conveyance stamp, and the surrender, on a 20s. stamp. |