305.-Opinion of an eminent Conveyancer, as to the mode of Conveyance, under the following circumstances.

John T. being seised of certain copyhold hereditaments, passed a conditional surrender thereof to William G., for securing 15007. and interest. The premises subsequently became of less value than the sum secured on them. T. became a bankrupt. An assignment was made of his personal estate, but no bargain and sale of his real estate. The assignee died having appointed executors. The mortgagee also died, and his executors contracted with H. E., for sale of the premises at 8507. One of the acting commissioners was dead, and another not to be found. No dividend was made under T.'s bankruptcy, and most of the creditors who had proved were dead.

"The proper mode of proceeding to make a title to the purchaser, is for the mortgagees to apply to the commissioners for a sale of his security, and then for the commissioners, by the direction of the personal representative of the assignee, to bargain and sell, and for a person appointed by them to surrender to the purchaser. I do not see that the title can be rendered unexceptionable, unless the course I have suggested is pursued, though as far as security goes, it will be safe and sufficient for all purposes of enjoyment, if either of the following plans be adopted, viz. that the cnstomary heir of W. G. should be admitted, and by the direction of his executors, surrender to the purchaser; or that the bankrupt, in whom the legal estate still remains, and in whom it will remain till the admittance of the heir of the mortgagee, or a bargain and sale by the commissioners, should by the like direction, surrender to the use of the purchaser, and the assignee release to him; and the consent of the creditors individually being obtained to either of these arrangments, I do not see who could question the purchaser's title; but I do not think that the consent of creditors, present at a meeting convened for the purpose of acceeding to the proposed sale, would be binding on those who are absent; at least it is inexpedient that such a consent should be relied on. 9th June, 1828..

(305.) Warrants to enter Satisfaction on Conditional Surrenders. (Common form.)

manor, or his lawful deputy for the time being.

2. I [mortgagee] of &c.

3. Do hereby authorize and require you, or one of you, to enter full satisfaction and discharge in the court books or on the court rolls of the said manor, of and for.

4. A certain conditional surrender, made and passed [out of court], by A. B., of &c., and C. his wife, copyhold tenants, or one of them, a copyhold tenant of the said manor, on, &c. 5. Of all and singular &c., [or of certain hereditaments in the memo randum of surrender described.]

6. To the use of me the said [mortgagee], and my heirs, for securing to me, my executors, administrators, and assigns, the sum of £. and interest, at the rate and manner

in the said memorandum of surrender expressed.

7. And for your so doing this shall be to you and each of you a sufficient warrant and authority.

8. As witness my hand this Witness.

day of

18

,

Two parts on plain paper; receipt for money to be given on mortgage bond.

(307.) Where Part of Mortgage Money paid off.

I &c., do hereby authorize and require you or one of you, to enter satisfaction in the court books or on the court rolls of the said manor, of and for the sum of £ , part of the principal money, secured by a certain conditional surrender, [proceed as in last form, clauses 4, 5, 6, 7, and 8.]

(308.) Where part of Property discharged.

2. Whereas on or about &c., A. B., of &c., and C. his wife, copyhold tenants, or one of them, a copyhold tenant of the said manor, [out of court] surrendered all &c., to the use of me, the undersigned [mortgagee] of &c., my heirs and assigns, subject to a condition for making the same void on payment to me, my executors, administrators, or assigns, of the sum of £ and lawful interest, on &c., but which sum was not paid according to such proviso.

3. And whereas the said A. B., having lately contracted for the sale to E. F., of &c., of all &c., being part of the hereditaments comprised in the said recited surrender, hath applied to and requested me the undersigned [mortgagee], to discharge such hereditaments, so contracted to be sold, from the said recited conditional surrender, and to allow the said mortgage money to remain secured on the residue of the said hereditaments, which 1 have agreed to do.

4. Now I the said [mortgagee] do hereby authorize and require you, or one of you, to enter satisfaction and discharge in the court books or on the court rolls of the said manor, on the said surrender, so far only as respects the said hereditaments hereinbefore described and mentioned to have been sold to the said E. F. And for your so doing, &c., (clause 8.)

(309.) Where part of Property discharged, and part of Principal

paid of.

1. As in form 306; 2 and 3 as in 308, altering 3 as follows: after "conditional surrender," add, on receiving the sum of £ , part of the consideration money on such sale, and to allow the remainder of the said mortgage money to remain &c. And in pursuance whereof, the said sum of £

hath this day been paid to me accordingly, and for which I have given my receipt on the mortgage bond from the said A. B., and which reduces the amount of principal money to remain secured on the said surrender to the sum of £ with interest thereon, from, &c.

Now I the said [mortgagee], do hereby authorize and require you, or one of you, to enter satisfaction and discharge for the sum of £ , part of the said principal sum secured on the said surrender, and also to enter satisfaction and discharge on the said surrender, as far as respects the said hereditaments so contracted to be sold as aforesaid. And for your so doing, &c.

(310.) By Executor or Administrator, Assignees of
Bankrupt, &c.

I, [executor] of, &c., executors named and appointed in and by the last will and testament of [mortgagee], bearing date &c., [assignees of the estate and effects, of, &c., a bankrupt.] Do hereby &c., (to clause 5,) to the use of the said [mortgagee], his heirs and assigns, for securing to him, his exe. cutors, &c., [as in form 306, clause 6, 7.] As witness our hands, &c.

2. Between [vendor] of, &c. of the one part, and [purchas

er] of, &c. of the other part.

3. Whereas the said [vendor] hath lately contracted and agreed with the said [purchaser] for the sale to him of the freehold hereditaments hereinafter described, and intended to be hereby granted and released, with the appurtenances, for an estate of inheritance in fee simple in possession, and also of the customary or copyhold hereditaments hereinafter also described and [mentioned to have been] surrendered, with their appurtenances, for a like estate of inheritance, according to the custom of the manor of W. in the county of S., and respectively free from incumbrances (the quit rent of, &c. and the rents and services in respect of the said copyhold hereditaments only excepted) at the price or sum of £

4. And whereas, for the purpose of complying with the provisions of the acts of parliament imposing duties ad valorem on conveyances, it has been agreed that the sum of £ shall be apportioned as the consideration money for the freehold hereditaments, and the sum of £

sideration money for the copyhold hereditaments.

as the con

5. And whereas, in pursuance and towards performance of the said contract and agreement, the said [vendor] has, on the day of the date hereof, duly surrendered into the hands of the lord of the aforesaid manor, by the hands of A.B., gentleman, steward thereof, all, &c. being the aforesaid copyhold hereditaments, to the use of the said [purchaser] his heirs and assigns, according to the custom of the said manor; and on the memorandum of such surrender, the ad valorem stamp in respect of the said apportioned consideration money is duly impressed.

6. Now this indenture witnesseth, that in further pursuance of the said recited contract and agreement, and in consideration of the sum of [freehold consideration] of lawful money, &c. to the [vendor] in hand well and truly paid by the said [purchaser] at or immediately before the execution of these presents, the receipt whereof the said [vendor] doth hereby and by the receipt hereupon written acknowledge, and of and from the same, and every part thereof, doth acquit, release, exonerate, and discharge the said [purchaser] his heirs, executors, administrators, and assigns, and every of them, for ever by these presents.

7. He the said [vendor] hath granted, bargained, sold, aliened, released and confirmed, and by these presents doth grant, &c. unto the said [purchaser] (in his actual possession, &c.) and to his heirs and assigns.

8. All, &c. [if the freehold and copyhold cannot be separately described, say "all such part and parts, and so much as be freehold or charterhold, and not of copyhold or customary tenure, of and in all," &c.] together with all houses, &c. to the said freehold parts, hereditaments and premises belonging, or in anywise appertaining, or therewith usually held, occupied,

or enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, or member thereof.

9. And the reversion, &c. and all the estate, &c. (See surrender.)

10. And all deeds, evidences, and writings in anywise relating to the same hereditaments and premises, now in the custody or power of the said [vendor] or which he can procure without suit at law or in equity.

11. To have and to hold all and singular the said freehold parts, hereditaments, and premises herein before granted and released, or mentioned or intended so to be, with their appurtenances, unto the said [purchaser], his heirs and assigns, to the only proper use and behoof of the said [purchaser], his heirs and assigns for ever, and to or for no other use, intent, or purpose whatsoever.

12. And the said [vendor] doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said [purchaser], his heirs and assigns, that for and notwithstanding any act, deed, matter, or thing by him the said [vendor] at any time heretofore made, done, commenced, or suffered to the contrary, he the said [vendor], at the time of executing these presents, is and standeth lawfully and rightfully seised of the said freehold messuages, hereditaments, and premises hereby granted and released, or intended so to be, and of every part thereof, with the appurtenances, for a good, sure, perfect, lawful, absolute, and indefeasible estate of inheritance in fee simple in possession, and at the time of passing the before-recited surrender of the said copyhold hereditaments and premises, was and stood in like manner seised of the said copyhold hereditaments of a like estate of inheritance, according to the custom of the manor of W. aforesaid, without any manner of condition, trust, power of revocation, limitation of use or uses, or any other restraint, cause, matter, or thing whatsoever, to alter, change, defeat, revoke, impeach, make void, or determine the same.

13. And also that he the said [vendor] now hath in himself as to the said freehold hereditaments, and at the time of passing the said surrender as to the said copyhold hereditaments, had in himself, good right, full power, and lawful and absolute authority to grant, bargain, sell, release, surrender, convey, and assure all and singular the said freehold and copyhold hereditaments, and premises herein before granted, released, and mentioned to have been surrendered respectively, with their appurtenances to the use of the said [purchaser], his heirs and assigns, according to the true intent and meaning of these presents and of the said surrender.

14. And further, 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 hereafter, peaceably and quietly to enter into