No. VII. CONSENT of the Protector of a Settlement to a particular Disposition by a Tenant in Tail in Remainder. (See ante, p. 366, s. 43.) of tenant in tail. TO ALL TO WHOM THESE PRESENTS SHALL COME, John Jones, of &c. [the protector], sends greeting: WHEREAS [recital of deed or will creating the entail under which J. Jones is tenant for life, with remainder to D. Jones in tail with divers remainders over]: AND Recital of inWHEREAS a marriage has been agreed upon and is intended to be tended marriage shortly had and solemnized between the said D. Jones and Lucy Gay, of &c. spinster, and upon the treaty for such marriage it was agreed that the said D. Jones should settle and assure the messuages, lands and hereditaments mentioned and comprised in, and intended to be conveyed and assured by, the indenture of grant and release hereinafter mentioned [or recited], to the uses, upon and for the trusts, intents and purposes, and with, under and subject to the powers, provisoes, agreements and declarations in the same indenture expressed, declared, and contained of and concerning the same hereditaments: AND WHEREAS, in order to enable the said D. Jones to Protector's agreemake such disposition, settlement and assurance as are contained in ment to consent. the indenture of grant and release hereinafter mentioned [or recited], the said J. Jones, as the protector of the settlement made by the said [deed or will creating the entail], has consented and agreed (at the request of the said D. Jones) to give his consent and approbation, according to the directions for that purpose contained in an act of parliament made and passed in the session of parliament held in the third and fourth years of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," to the conveyance, disposition, and assurance intended to be made by the indenture of grant and release hereinafter mentioned [or recited]. [It being obvious that the deed of consent and the assurance to which it refers should be connected with certainty, it will be advisable in some cases to recite in the former so much of the latter as will show the parcels intended to be included, and the proposed limitations, as follows]: And whereas by an indenture of grant and release already Recital of inprepared and ingrossed, but intended to be executed after the exe- tended settlecution of these presents, and bearing date the day next after the day of the date of these presents, and made or expressed to be made between [names and description of parties]; All those [description of parcels] are intended to be conveyed and assured by the said D. Jones, unto the said [the trustees of the intended settlement] and their heirs; To hold the same unto the said [trustees] and their heirs, (subject to the estate for life of the said J. Jones,) to the use, &c. [set forth the Testatum. uses]: Now THESE PRESENTS WITNESS, that in pursuance and per- Protector conformance of the said recited agreement on the part of the said J. sents to a particuJones, he the said J. Jones, as such protector as aforesaid, doth, by these presents, give and grant his consent to such conveyance, assurance, and disposition, as are intended to be made and contained [where the intended settlement is not recited] in a certain indenture of grant and release already prepared and ingrossed, and bearing date the day next after the day of the date of these presents, and made, or expressed to be made, between [names and description of parties], [or where the intended settlement is recited, in and by the said recited indenture of grant and release,] of and concerning the messuages, lands and hereditaments in the same indenture particularly mentioned ment. lar disposition. and described, and intended to be thereby granted and released: Pro- Consent confined to particular disposition. vided always, and it is hereby declared, that the consent hereby or intended to be hereby given is confined to the conveyance, assurance and disposition lastly herein before referred to, and shall not extend, nor be deemed or construed to extend, to any other conveyance, assurance or disposition made or executed, or to be made or executed, by the said D. Jones, of and concerning the said hereditaments, or any part thereof, nor prejudice or affect the estate for life of the said J. Jones, or any power, privilege or exemption (except the power of consenting as protector) annexed or incident to such estate. IN WITNESS, &c. (ƒ). (f) This deed must be inrolled in Chancery at or before the time of the inrolment of the deed of disposition by the tenant in tail. (See ante, p. 366, s. 46.) Admission of tenant for life. ment to consent. No. VIII. CONSENT of the Protector of a Settlement of Copyholds to an absolute Disposition by a Tenant in Tail in Remainder. (See ante, s. 51, p. 371.) of TO ALL TO WHOM THESE PRESENTS SHALL COME, A. B. of &c. esq. Creation of entail. [the protector], sends greeting: WHEREAS under and by virtue of the last will and testament of [testator] bearing date the day 18, the said A. B. is tenant for life of the copyhold messuages, lands and hereditaments hereinafter mentioned, with remainder to C. D. and the heirs of his body, with divers remainders over; AND WHEREAS, at a court held in and for the manor of Dale in the county of on the day of —, the said A. B. was admitted tenant under and by virtue of the will of the said [testator] to divers messuages, lands, tenements and hereditaments holden of the said manor by copy of court roll, To hold the same to the said A. B. and his assigns during the term of his natural life, according to Protector's agree the form and effect of the will of the said [testator]; AND WHEREAS the said [tenant in tail in remainder] is desirous of acquiring an absolute estate of inheritance in fee simple in remainder, according to the custom of the manor of Dale aforesaid, expectant and to take effect in possession on the decease of the said A. B. of and in the said copy hold hereditaments and premises, and hath applied to and requested the said A. B., as the protector of the settlement made by the said recited will, to consent to an absolute disposition of such remainder by the said [tenant in tail in remainder] in compliance with the directions for that purpose given by an act of parliament passed in the session of parliament held in the third and fourth years of the reign of his late majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance;" and the said A. B. bas agreed to give such consent in manner hereinafter expressed: Now THESE PRESENTS WITNESS, that the said A. B. as such protector as aforesaid, and in compliance with the directions for that purpose contained in the said act of parliament, doth by these presents give and grant his absolute and unqualified consent and approbation to any disposition or surrender, dispositions or surrenders, which shall be made and passed by the said [tenant in tail in remainder] either on the day of the date and execution of these presents, or at any time thereafter, according to the custom of the said manor, of and concerning all or TESTATUM. Protector con sents to disposi tion by remainder man. any part or parts of the messuages, lands, tenements and hereditaments, to which the said A. B. was admitted tenant as aforesaid (subject and without prejudice to the estate for life of the said A. B. therein) to and for such uses, trusts, intents and purposes, as in and by any such disposition or surrender, or dispositions or surrenders, shall be expressed, declared and contained of and concerning the same. WITNESS, &c. IN MEMORANDUM to be indorsed on last Deed. I, E. F., steward of the within-mentioned manor of Dale, do hereby acknowledge that the within-written deed poll, under the hand and seal of the within-named A. B. was produced to me on the - day of before any surrender in pursuance thereof was made by the within-named [tenant in tail]. Witness my hand_this day of [Signature of E. F.] 18-. FURTHER MEMORANDUM to be indorsed on last Deed. I, the above-named E. F., do hereby testify that the within-written deed poll, and the above memorandum indorsed thereon, have been duly entered on the court rolls of the within-mentioned manor. Witness my hand this day of 18-. [Signature of E. F.](g). (g) See ante, p. 371, s. 51, requiring the above memorandums to be indorsed on the deed of consent. No. IX. SURRENDER out of Court by a Tenant in Tail in Remainder, in order to acquire a Base Fee. IN THE day of MANOR OF DALE, BE IT REMEMBERED, that on the in the year of our Lord 18-, A. B. of COUNTY OF —. &c. came before me, —, deputy steward of the said manor and courts thereof, and in order as well to defeat the estate tail of the said A. B. in the messuages, lands and hereditaments hereinafter mentioned,' as to acquire a base fee therein in remainder, immediately expectant upon the decease of [the tenant for life] he the said A. B., under and by virtue and in pursuance of the powers and provisions for that purpose given by and contained in an act of parliament made and passed in the session of parliament held in the third and fourth years of the reign of his late Majesty King William the Fourth, intituled "An Act for the Abolition of Fines and Recoveries, and for the Substitution of more simple Modes of Assurance," did out of court, according to the custom of the said manor, surrender out of his hands into the hands of the lord of the said manor, by the hands of me the said deputy steward, by the rod, in the presence and testimony of a credible person attesting the same, All and every the messuages, lands, tenements and hereditaments whatsoever of him the said A. B. holden of the said manor by copy of court roll, with their and every of their rights, members, privileges and appur tenances, And the reversion and reversions, remainder and remainders thereof; And also all the estate, right, title, interest, use, trust, inheritance, property, claim and demand whatsoever, legal and equitable, of him the said A. B. of, in, to or out of the same premises, every or any part thereof, with the appurtenances, To the use of the said A. B. his heirs and assigns for ever, in remainder immediately expectant upon the decease of the said [tenant for life] and according to the custom of the said manor. [Signature of A. B.] Taken and accepted the day of 18-, by me, [Signature of Deputy Steward,] Deputy Steward of the said Manor. In the presence of [Signature of Witness.] No. X. SURRENDER out of Court by a Tenant in Tail in Remainder with the Consent of the Protector of the Settlement, for the Purpose of acquiring an Estate in Fee in Remainder. IN THE MANOR OF DALE, WHEREAS [recitals of deed or will under which A. B. is tenant for life, with remainder to C. D. COUNTY OF —. in tail with divers remainders over—of admission of A. B. and of protector's agreement to consent, ante, p. 738.] Now THEREFORE BE IT REMEMBERED, that on the day of, in the year of our Lord 18-, the said C. D. came before me steward of the said manor and courts thereof, and in order as well to defeat the estate tail of the said C. D. in the messuages, lands and hereditaments hereinafter mentioned, and all remainders, reversions, estates, rights, interests and powers to take effect after the determination or in defeasance of such estate tail, as to acquire an estate of inheritance therein immediately expectant upon the decease of the said A. B., he the said C. D., under and by virtue and in pursuance of the powers and provisions for that purpose given by and contained in the said act of parliament, did out of court, according to the custom of the said manor, and with the consent of the said A. B. previously given to me, as appears by the memorandum hereunder written, in compliance with the direction for that purpose contained in the said act of Parliament, surrender out of the hands of the said C. D. into the hands of the lord of the said manor, by the hands of me the said steward, by the rod, in the presence and testimony of a credible person attesting the same, All and every the messuages, lands, tenements and hereditaments whatsoever of him the said C. D. holden of the said manor by copy of court roll, with their and every of their rights, members, privileges and appurtenances, And the reversion and reversions, remainder and remainders thereof, And also all the estate, right, title, interest, use, trust, inheritance, property, claim and demand whatsoever, legal and equitable, of him the said C. D., of, in, to or out of the same premises, every or any part thereof, with the appurtenances, To the use of the said C. D. his heirs and assigns for ever, in remainder immediately expectant, and to take effect in possession on the decease of the said A. B. according to the custom of the said manor. C. D. [Signature of Tenant in Tail.] Taken and accepted the day of 18-, by me [Signature of Steward,] Steward of the said Manor. In the presence of [Signature of Witness.] MEMORANDUM of Protector's Consent. Memorandum, that previously to the making and passing of the above-written surrender by the above-named [tenant in tail], the above-named A. B., as the protector of the settlement made by the above-recited will of the said had given his consent to the abovenamed [person taking the surrender] to the disposition intended to be effected by the said [tenant in tail] by the above-written surrender. A. B. [Protector's signature.] [Steward's signature.] No. XI. SURRENDER out of Court by a Married Women, Tenant in Tail, and her Husband, to the Use of a Purchaser. IN THE -. MANOR OF DALE, WHEREAS [the testator] being at the time of the day of Recital of will creating entail. 18-, and thereby gave and devised all and every the messuages, lands, tenements and hereditaments of him the said [testator] situate, lying and being in the parish of - in the county of, and in any town, parish or place thereto next or near adjoining, unto Mary Jones, spinster, and the heirs of her body lawfully issuing, and in default of such issue the said [testator] gave and devised the same bereditaments as therein mentioned; AND WHEREAS the said [testator] departed this life on or about the day of 18-, without having altered or revoked his said will; AND WHEREAS at a court held in and for the Admission of desaid manor on the day of 18, the said Mary Jones was visee. admitted tenant under and by virtue of the will of the said [testator] to the copyhold hereditaments and premises so devised to her as aforesaid; To hold to her the said Mary Jones and the heirs of her body, according to the form and effect of the said recited will, at the will of the lord and according to the custom of the said manor; AND WHEREAS the said Mary Jones, on the day of 18-, intermarried with and is now the wife of A. B. of &c. esq., [recite contract of sale]; NOW THEREFORE BE IT REMEMBERED, that on the in the year of our Lord 18-, the said A. B. and Mary his wife, copyhold tenants, or one of them, a copyhold tenant of the said manor, came before me steward of the said manor and the courts thereof, and in order to defeat the estate tail of the said [married woman] in the said hereditaments, and all remainders, reversions, estates, rights, interests and powers, to take effect after the determination or in defeasance of such estate tail, (and in consideration of the sum of £ of lawful money of Great Britain to the said A. B. and Mary his wife in hand well and truly paid by [name and description of purchaser] in full for the absolute purchase of the said hereditaments and of the inheritance of the same in possession, according to the custom of the said manor,) they the said A. B. and Mary his wife, under and by virtue and in pursuance of the powers and provisions for that purpose given by and contained in an act of parliament made and passed in the session of parliament held in the third and fourth years of the reign of his late majesty king William the Fourth, intituled " An Act for the Abolition day of |