May 30, Will of the said James Marsh proved (with a codicil not 1872. affecting such appointment) by the said Thomas Marsh and William Marsh in the Principal Registry of Her Majesty's Aug. 30, BY STEWARD'S COPY ADMISSION it appears that the said John 1872. Smith, of Stoke, came before the steward and alleged the death of the said Benjamin Smith, and his will as before abstracted. And thereupon the said John Smith prayed to be and was admitted to the hereditaments before described. TO HOLD to him the said John Smith and his heirs according to the form and effect of the said will of the said lord according, &c. Nov. 13, By an acknowledgment of satisfaction under the hands of the 1873. said Thomas Marsh' and William Marsh, and addressed to the chief steward of the said manor. RECITING the surrender of the 1st October, 1850, before AND RECITING the death and will of the said Benjamin AND RECITING the admission of the said John Smith on AND RECITING the death of the said James Marsh and his will, as before abstracted. The said Thomas Marsh and William Marsh acknowledged to have that day received by payment of John Smith, of Stoke, the sum of £1,000, the principal money then due on the said conditional surrender, all interest having been paid by the said John Smith, and they authorize and require the said steward to enter on the court rolls of this manor full satisfaction and discharge on or for the said conditional surrender. Nov. 13, BY INDENTURE of this date, made between the said John 1873. Smith of the one part, and George Jones of the other part. RECITING, that the said John Smith was seised of the copyhold hereditaments thereinafter described for an estate of inheritance in possession to him and his heirs, according to the custom of the said manor, and the said John Nov. 13, 1873. Smith had requested the said George Jones to advance him £800, which he had agreed to do on having the repayment thereof with interest secured to him in manner thereinafter expressed. IT IS WITNESSED that in pursuance of the said agreement, and in consideration of £800 to the said John Smith then paid by the said George Jones (the receipt whereof is thereby acknowledged), he the said John Smith did thereby covenant with the said George Jones that he the said John Smith and all other necessary parties should at his own cost, and when required, surrender unto the lord or lords, lady or ladies of the said manor, according to the custom thereof. £5 TO THE USE of the said George Jones the premises aforesaid by the description aforesaid: AND the reversion, &c.; AND all the estate: TO HOLD the same to the said George Jones, his heirs and assigns, at the will of the lord or lords, lady or ladies of the said manor by copy of court roll, but subject to the condition then following, namely: CONDITION to make void the now abstracting surrender on payment by the said John Smith, his heirs, executors, administrators, or assigns, to the said George Jones, his executors, administrators, or assigns, for the sum of £800, with interest at per cent. per annum, on the 31st April then next. COVENANTS by the said John Smith, for payment of the said principal sum, with interest, on the said 30th day of April; AND ALSO, that if default should be made in payment of the said sum of £800, and of the interest thereof, or any part thereof, and the said George Jones, his executors, administrators, or assigns should have delivered to the said John Smith, his heirs, executors, administrators, or assigns, or left at his or their last known place of abode in England, or left upon the same premises or some part thereof, a notice in writing demanding payment thereof, and two calendar months should have elapsed from the time of the delivery or leaving of such notice as aforesaid, it should be lawful for the said George Jones, his executors, administrators, or assigns (without prejudice to his or their right of foreclosing the equity of redemption of the said hereditaments, or of taking admission to the same, and without any further consent or concurrence of the said John Nov. 13, Smith, his heirs and assigns) absolutely, to sell the said 1873. premises, and either by public auction or private contract, and subject to such conditions of sale as he should think fit, and with liberty to buy in the same or any part thereof, and to rescind any such contract, and to re-sell the same in manner aforesaid without being liable for any loss occasioned thereby, and to surrender and assure the same premises to the purchaser and purchasers thereof, and to receive and sign and give receipts for the purchase-moneys, which receipts shall discharge the persons paying the moneys therein respectively expressed to be received from all liabilities and responsibility on account thereof; And that it should be lawful to and for the said George Jones, his executors, administrators, and assigns, out of the proceeds of such sale as aforesaid, after retaining the said sum of £800 and the interest thereon, or for so much thereof respectively as shall be then due, and also all expenses incident to or incurred in relation to such sale as aforesaid, to pay the residue (if any) of the moneys aforesaid which should then remain in their hands unto the said John Smith, or other the person or persons entitled thereto; AND ALSO, that the said John Smith had good right to surrender; AND FURTHER, that until admission should be taken under such surrender, he the said John Smith and his heirs should stand seised and possessed of the said hereditaments, Upon trust for the said George Jones, his heirs and assigns, subject, nevertheless, to the condition for making void the surrender as aforesaid; AND THAT it should be lawful for the said George Jones, his heirs and assigns, in case default should be made in payment of the said sum of £800, and at all times thereafter until repayment of the said principal money and interest, and every part thereof, to take admittance to the said hereditaments, and whether before or after such admittance peaceably and quietly to enter into and upon, and to have, hold and enjoy the same, and to take the rents and profits thereof to and for his and their own use and benefit, without any interruption whatsoever by the said John Smith, or his heirs or assigns, or any other person whatsoever; AND THAT free from incumbrances (the rents, suits and services of the lord of the said manor, and the existing tenancies of the said premises only excepted); Nov. 13, FOR further assurance; 1873. To keep all the buildings insured against loss or damage by fire. AND the said John Smith did irrevocably appoint the said George Jones, his executors and administrators, his true and lawful attorney and attorneys for him and in his name and on his behalf, at any time after any sale or sales under the power of sale therein before contained, to surrender ALL and singular the said hereditaments and premises with appurtenances; TO THE USE AND BEHOOF of the purchaser or respective purchasers thereof, his, her, or their heirs and assigns for ever, or as he, she, or they should direct, according to the custom of the said manor. EXECUTED by both parties, duly attested, and receipt for the consideration money indorsed, signed and witnessed. Nov. 22, THE said John Smith personally went before the steward of the 1873. said manor and of the courts thereof, and in consideration of the said sum of £800, so paid to him before the execution of the last abstracted indenture, did out of court surrender out of his hands into the hands of the lord of the said manor, by the hands, &c. : THE premises aforesaid, by the description aforesaid; AND the reversion, &c.; AND all the estate, &c.: TO THE ONLY USE AND BEHOOF of the said George Jones, his heirs and assigns, for ever: UPON CONDITION to be void on payment to the said George Jones, his heirs, executors, and administrators, of the said sum of £800, with interest, on the 30th day of April then next. Apr. 15, BY A NOTICE in writing, under the hand of the said George 1881. Jones, he thereby gave notice to the said John Smith, and re quired him to pay at the expiration of two calendar months from the giving to or leaving for him of that notice the said principal sum of £800, and all interest, whichever should be then due thereon; AND he did thereby further give notice, that if the said John Smith should make default in such payment, or either of them, he should proceed to sell the hereditaments described in the said Apr. 15, conditional surrenders and indentures respectively, in pursuance 1881. and performance of the power for that purpose then vested in him, and contained or referred to in the said indentures respectively. III. ABSTRACT OF THE TITLE of JOHN WILLIAM 36 H. 8, BY INDENTURE of this date, made between the King and June 9. the Dean and Chapter of St. Paul's, London, RECITING a conveyance to the King of divers hereditaments in Essex, in consideration whereof The King bargained and sold (inter alia), The manor of Layton, cumptiis, late belonging to the priory of St. John of Jerusalem : TO HOLD the same unto the Dean and Chapter of St. Paul's, and their successors, for ever, in Frankalmoyne, at the yearly rent of £33: 0s. 3d., clear of all other outgoings. TAKEN and acknowledged 31st May, 36th Henry 8th, by Sir J. Rich. EXECUTED by Dean and Chapter. 14 Eliz. BY A GRANT from the Queen to the Dean and Chapter of the Aug. 1, cathedral church of St. Paul's, London, and to their successors, 1572. RECITING, that her father, Henry 8th, had, by his letters patent, given and granted to the said Dean and Chapter (inter alia), all his manor of Layton, in the county of Middlesex, herein before mentioned. TO HOLD the same to the said Dean and Chapter, and their successors, at the yearly rent of £33: 1s. 1d., for all rents and services to be rendered or paid: IT IS WITNESSED, that for the considerations therein mentioned, the said Queen did give, grant, remise, and release to the aforesaid Dean and Chapter, ALL the aforesaid yearly rent of £33: 18. 1d., reserved as aforesaid by the therein before recited letters patent: |