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make a survey and map.

.

for them, and they are hereby authorized, to make a survey

XXV.

Partition. of the said estate, and to cause a map or plan to be drawn thereof.

4. If the said commissioners should differ in opinion, touch- Umpire to deing the said intended partition, or the money to be paid for cide the difequality, or touching the mode of carrying the said partition commisinto effect, or any matter or thing relating thereto, then and sioners, in every such case, the subject matter of every such difference of opinion shall be reduced into writing, and shall be referred to the decision of an umpire, to be named by the said commissioners for that purpose ; And the determination or decision of such umpire, upon the matter so to be referred to him, shall be final.

5. When the allotments and division herein before agreed Parties to upon shall have been made, the said parties shall draw lots, the privilege

draw lots for in such manner as the said commissioners shall appoint, for of choosing. the privilege of choosing one of the allotments, into which the said estates shall have been divided.

6. When it shall have been decided in manner aforesaid, When allotwhich of the said allotments shall be taken in severalty by certained, to the said (trustees], as such trustees as aforesaid, and whether execute conany and what sum shall be paid for equality of partition each other. and by which of the said parties such money shall be paid : THEN the said A., and B. his wife, and all other necessary parties, shall, at the expense of the said D., and E. his wife, execute all such conveyances, surrenders, or assurances, as by the said [trustees] shall be required, for the purpose of vesting such of the said allotments as shall have been decided to be taken in severalty by the said (trustees], with the appurtenances, in them the said (trustees], their heirs and assigns; Nevertheless, as to such part of the said lands and hereditaments as are of copyhold tenure, with the license and consent of the lord or lords, lady or ladies, of the manor or manors, of which the same are holden (a); and upon and for the uses, trusts, and purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements, in and by the said indenture of settlement of the day of

18—, expressed and declared of and concerning the said undivided moiety, hereditaments, and

(a) Vide ante, p. 513.

XXV.

premises, comprised in and conveyed, and covenanted to be Partition.

surrendered, by the same indenture as aforesaid.

7. The said D., and E. his wife, and all other necessary parties, shall, at the expense of the said A., and B. his wife, execute, or cause to be executed, all such conveyances, surrenders, and assurances, as by the said A., and B. his wife, or the survivor of them, shall be required, for the purpose

of settling such of the said allotments as shall have been decided to be taken in severalty by the said A., and B. his wife, with the appurtenances, To the uses, upon the trusts, and for the purposes, and with, under, and subject to the powers, provisoes, declarations, and agreements, in and by the above in part recited indenture of the

— day of

184, expressed and declared of and concerning the hereditaments, and premises thereby limited and settled as aforesaid ; nevertheless, as to such part of the said lands and hereditaments as are of copyhold tenure, with the license and consent of the lord or lords, lady or ladies, of the manor or manors of which

the same are holden. Expenses to 8. The costs, charges, and expenses of preparing, engrossbe borne by parties ing, and executing this present agreement, and of making equally.

such partition and division as aforesaid, and of making such survey, and such map as aforesaid, and all other costs, charges, and expenses incurred, or to be incurred, in and about the said partition and division, or in anywise relating thereto, shall be paid and borne by the parties to the said partition in

equal proportions (6). Expenses of

9. If either of the parties to the said intended partition copies, &c. to should require attested copies, of any of the title-deeds, in the be paid by the custody of the other party to the said partition, or to have a party requiring same. deed of covenant for the production of any such title-deeds,

then the expense of making such attested copies, and the expenses attending the making and executing of such deed of covenant, shall be paid by the party requiring the same.

10. For the due execution and observance of the agreements herein before contained, on the part of the said A., and B. his wife, the said A. doth hereby bind himself to the said [trustees], in the sum of £ : And for the due per

attested

Nomine pæne.

(6) If the commissioners are to decide who shall have the titledeeds, vide post, p. 512.

XXV. Partition,

formance and observance of the agreement hereinbefore contained on the part of the said (trustees], the said D. doth hereby bind himself to the said A., in the like sum of £

IN WITNESS, &c.

THE SCHEDULE ABOVE REFERRED TO.

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XXVI. AGREEMENT for an EXCHANGE of FREE

HOLD, COPYHOLD, or LEASEHOLD Premises; with
reference to Commissioners, or their Umpire, to
determine the Sum to be paid for Equality of Ex-

change.
AN AGREEMENT made the

day of 18—, BETWEEN [first party], of &c., of the one part; and Parties. [second party], of &c., of the other part; WHEREBY it is agreed as follows, that is to say :

1. The said [first party], hereby agrees with the said Agreement by [second party], that he the said [first party], will, on the

first party to

deliver ab- next, at his own expense, make and deliver to stract. the said [second party], or his solicitor, an abstract of the title of him the said (first party], to ALL THAT dwelling-house and Parcels. garden, situate &c., with the appurtenances (c). And if such To execute

conveyance.

day of

FREEHOLD

LEASEHOLD,

(c) If the premises are leasehold, say, "held by the said [first party], for the remainder of a term Reference to

lease. of years, granted by an indenture bearing date on or about the day of — -, 18, and made between [lessor), of the one part, and [lessee], of the other part, subject to the rents, covenants, and conditions, therein contained; And if such abstract shall show that the said [first party] has a good title to the said dwelling-house and garden, for the remainder of the said term, that he the said [first party], and all other necessary parties, on or before the day of - next, on receiving from the said [second party] such sum of money, if any, as shall be awarded for equality of exchange, will, as beneficial owner, assign the said dwelling

XXVI. Exchange.

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abstract shall show that the said [first party] has a good title
to the inheritance in possession in fee-simple of the said
dwelling-house and garden (d), that he the said [first party],
and all other necessary parties, on or before the

day
of next, on receiving from the said [second party],
such sum of money, if any, as shall be awarded for equality
of exchange, will as beneficial owner (e), convey unto the said
[second party], the said dwelling-house and garden, with the
appurtenances, in fee-simple in possession, free from incum-
brances, in consideration of such

money,

if

any, for equality
of exchange, and of a conveyance in fee simple in possession,
free from incumbrances, of the two closes of land, with the
appurtenances hereinafter mentioned.

2. THE SAID [second party] hereby agrees with the said
[first party], that he, the said [first party] will, on or before
the said
day of

next, at his own expense,
make and deliver to the said [first party), or his solicitor, an ab-
stract of the title of him the said [second party], to ALL THOSE
two closes of land, situate, &c., with the appurtenances (f):
And if such abstract shall show that the said [second

COPYHOLD.

house and garden to the said [second party), for the residue
of the said term, free from incumbrances, but subject as
aforesaid, in consideration of such money, if any, for equality

of exchange, and of a conveyance of the two closes of leaseCovenant to hold land, hereinafter mentioned ; in which conveyance shall be contained be contained a covenant by the said [second party] to pay the in assignment.

rents and perform the covenants and agreements reserved and
contained in the same indenture of lease, and to indemnify
the said [first party] therefrom.”

(d) If the premises are copyhold of inheritance, say,
“according to the custom of the manor of

in the county of

of which the same premises are holden.”
To surrender. (e) " duly surrender the same according to the custom of

the said manor, to the use of the said [second party], his
heirs or assigns, or as he or they shall direct, to be holden at
the will of the lord, according to the custom of the said manor
by rents and services therefor due and of right accustomed,
but free from all incum brances whatsoever.'

For variations, if the premises are leasehold, vide supra,
p. 517, note.

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party] has a good title to the inheritance in possession in

XXVI.

Exchange. fee-simple of the said two closes of land, that he, the said [second party], or his heirs, and all other necessary parties, on or before the

day of

next, on receiving from the said [first party] such sum of money, if any, as shall be awarded for equality of exchange (g), will as beneficial owner or owners execute a proper conveyance of the fee-simple and inheritance in possession of the said two closes of land, with the appurtenances, free from incumbrances, unto the said (first party], in consideration of such money, if any,

[ for equality of exchange, and of a conveyance of the feesimple and inheritance in possession, free from incumbrances, of and in the said dwelling-house and garden, with the appurtenances. 3. It shall, at the joint expense of both parties, be referred Commis

sioners or to [commissioners], of &c., and in case of their differing in umpire to opinion, then to an umpire, to be chosen by them, to decide determine

equality of and determine whether any and what sum of money shall be exchangepaid for equality of exchange, by either of the said parties money. unto the other of them (1).

4. It shall be expressly declared in the said conveyances No implied to each of the said parties, that neither of them shall re-enter warranty. on the lands conveyed in exchange, in consequence of any defect of title (i) : And each of the said parties shall, at the To deliver

title-deeds.

COPYHOLD.

(9) For variations where the premises are copyhold of inheritance, vide supra, p. 518, notes () and (c).

() It may be prudent to add clause for appointing new commissioners, see ante, p. 499.

If it be the agreement, instead of the above clause, say, “And there shall be contained in the said conveyances to Eviction

clause. each of the said parties, the usual clause of re-entry on the lands given in exchange, on eviction from any part of the lands received in exchange."

As to these clauses, and the subject of exchanges in general, Warranty on ride post, tit. EXCHANGES.

exchange. In consequence of the implied right of re-entry which is inci- Covenant for dent to exchange, it may sometimes be prudent, although it is production not usual, for the exchangers to execute covenants for producing title-deeds the title-deeds, mutually received, or for each to retain copies of given on ex

change. those given ; because, it seems that when lands received in exchange, &c. are sold, the vendor ought to produce an abstract of the title and the deeds relating to the lands given, as well as those received in exchange (unless, in the case of an exchange at common law, the lands given in exchange can be proved to have

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