No. V. CONVEYANCE by Bargain and Sale (to be inrolled in Chancery) by day of in the year of our THIS INDENTURE, made the Lord 18-, between the within-named E. Evans, of the one part, and the within-named [purchaser], of the other part: WHEREAS (c) the RECITALS. within-named W. Evans, the protector of the settlement made by the Death of prowill recited in the within-written indenture, departed this life on or tector. about the day of now last past: AND WHEREAS the said Agreement to perE. Evans has agreed specifically to perform the covenant contained in form covenant. the within-written indenture for completing the title of the said [purchaser] to the messuages, lands and hereditaments, by the same inden ture expressed to be bargained and sold: NOW THEREFORE THIS TESTATUM. INDENTURE WITNESSETH, that in pursuance and performance of the Tenant in tail said covenant, and in consideration of the sum of 10s. of lawful bargains and sells to purchaser. money of Great Britain to the said E. Evans paid by the said [purchaser] immediately before the execution of these presents, the receipt whereof is hereby acknowledged, and in order to defeat all remainders, reversions, estates, rights, interests and powers, to take effect after the determination or in defeasance of the base fee, into which the estate tail of the said E. Evans was converted by the operation of the within-written indenture, and in order to enlarge the base fee of the said [purchaser] in the hereditaments by the within-written indenture expressed to be bargained and sold, into a fee simple absolute, and to perfect the title of the said [purchaser] to the same, he the said E. Evans doth by these presents grant, bargain, sell and confirm unto the said [purchaser], his heirs and assigns, the messuage, lands, hereditaments, and all and singular other the premises by the withinwritten indenture expressed to be bargained and sold, 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 of the same hereditaments and premises, and every part thereof, and all the estate, right, title, interest, use, trust, property, claim, and demand whatsoever of the said E. Evans in, to, or out of the same hereditaments and premises, and every part thereof: TO HAVE AND TO HOLD the said messuage, lands, hereditaments, and all and singular other the premises herein before expressed to be hereby bargained and sold, with their and every of their appurtenances, unto and to the use of the said [purchaser], his heirs and assigns for ever: And the said E. Evans doth hereby for himself, his heirs, executors Covenant against and administrators, covenant and declare with and to the said [pur- incumbrances. chaser], his heirs and assigns, that he the said E. Evans hath not at any time heretofore made, done, committed or executed, or been party or privy to any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said messuage, lands, hereditaments and premises herein before expressed to be hereby bargained and sold, or any of them, or any part thereof, are, is, can, shall or may be conveyed, assured, impeached, charged or incumbered in title, estate, or otherwise howsoever (save and except by the within-written indenture and these presents). IN WITNESS, &c. (c) Where this conveyance is not made by indorsement, the last deed should be recited as well as the instrument creating the entail to be barred. Agreement of protector to consent to disposition by tenant in tail. No. VI. CONSENT of the Protector of a Settlement to an absolute Disposition by a Tenant in Tail in Remainder. (See ante, ss. 42, 43, p. 366.) TO ALL TO WHOM THESE PRESENTS SHALL COME, D. Dunn, ofCreation of entail. esq. [the protector], sends greeting: WHEREAS by indentures of lease and release, bearing date respectively on or about the 9th and 10th days of March, 18—, the release being made or expressed to be made between [names of parties], divers messuages, farms, lands and bereditaments in the several parishes of A., B. and C., in the county of York, in the said indentures particularly mentioned and described, with their appurtenances, were duly conveyed and assured, [to the use of D. Dunn for life, with remainder to his first and other sons in tail with divers remainders over]: AND WHEREAS Edward Dunn, of &c. esq. is the eldest son and heir of the body of the said D. Dunn, and under and by virtue of the limitations contained in the said recited indenture of release is entitled to an estate tail in remainder immediately expectant on the decease of the said D. Dunn of and in the messuages, farms, lands and hereditaments comprised in the said recited indentures: AND WHEREAS, in order to enable the said E. Dunn to defeat all remainders, reversions, estates, rights, interests and powers, to take effect after the determination or in defeasance of the estate tail of the said E. Dunn, of and in the messuages, farms, lands and hereditaments comprised in the said recited indentures, the said D. Dunn, as the protector of the settlement made by the same indentures, has consented and agreed (at the request of the said E. Dunn) to give his unqualified 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 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 any disposition, conveyance, or assurance hereafter to be made and executed by the said E. Dunn, of and concerning the said messuages, farms, lands and hereditaments in manner hereinafter expressed: Now THESE PRESENTS WITNESS, that in pursuance and performance of said recited agreement, he the said D. Dunn doth by these presents give and grant his absolute and unqualified consent and approbation to any conveyance, assurance and disposition, which shall be made and executed by the said E. Dunn, either on the day of the date and execution of these presents, or at any time thereafter, of and concerning all or any part or parts of the messuages, farms, lands, tenements, and hereditaments comprised in and conveyed and assured by the herein before-recited indentures of lease and release, with their and every of their appurtenances (d); subject nevertheless and without prejudice to the estate for life of the said D. Dunn, of and in the same hereditaments, and all powers, privileges and exemptions (except the power of consenting as protector), aunexed or incident to such estate. IN WITNESS, &c. (e). TESTATUM. Protector con sents to absolute disposition by te nant in tail. (d) Where the consent is intended to be confined to part of the property comprised in the settlement, there must necessarily be a description of the parcels, to the disposition whereof the consent is to apply. (e) 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. (Aute, s. 46, p. 366.) 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 execution 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 tended settle 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 hereinbefore 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.) day 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 of 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. IN WITNESS, &c. 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 S&c. came before me, -, deputy steward of COUNTY 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 |