Ctigitized by Microsoff® (flnritpll Ham ^rl^onl IGibrary Digitized by Microsoft® KD 977.C78*" ""'"^'">' library '"''liiiiii?,iil!.ffite.'?..in,.conyeyaneina, and 3 1924 021 777 192 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® INDEX PRECEDENTS IN CONVEYANCINa AIN'D TO COMMON AND COMMERCIAL FORMS, ARRANGED IN ALrHABETICAL ORDER WITH SUBDIVISIONS OF AN ANALYTICAL NATUEE; ^ TOGETHER WITH AN APPENDIX CONTAINING AN ABSTRACT OF THE STAMP ACT, 1870, WITH A SCHEDULE OF DUTIES ; THE REGULATIONS RELATIVE TO, AND THE STAMP DUTIES PAYABLE ON, PROBATES OF WILLS, LETTERS OF ADMIN- ISTRATION, LEGACIES, AND SUCCESSIONS. By WALTER ARTHUE QOPINGER, Esq., OF THE MIDDLE TEMPLE, BAERISTEE-AT-LAW, AnTHOK OE "the law of COPYMfiHT IN WOKKS OF LITERATURE AHD ART.'' "Knowledge is of two kinds,'' says Dr. Johnson ; "we know a subject ourselves, or we know where we can ^ftt^ information upon it.'' — JioswelVs Life of Johnson^ vol. iii. p. 75. LONDON : STEVENS AND HAYNES, ILato pttfilisfjcrs, BELL TAED, TEMPLE BAR. 1872. Digitized by Microsoft® Digitized by Microsoft® PEEFACE. In the following Index to above 10,000 Precedents I have endeavoured to combine an Analytical with an Alphabetical order of arrangement, making, however, the former throughout subservient to the latter, and adopting it chiefly, if not solely, in the subordinate parts of those particular titles or divisions which are of an extensive nature. Where a further division than the analytical sub-heading has been thought desirable, and yet the precedents succeeding have not been sufficiently distinct in character from, and unconnected with, those preced- ing to justify a definite sub-heading, a space has been left, which, it is hoped, will afford adequate indication of the detachment of the former from the latter. In order to facilitate the search for particular clauses, titles, such as " Covenants," " Provisoes and Powers," " Uses and Trusts," &c., have been introduced ; and, to render the work of greater practical utility, an abstract of the new Stamp Act, together with a schedule of duties, including the Legacy, Probate, and Succession duties, corrected to the present date, has been given by way of Appendix. Not only precedents of a modern character have been indexed, but such precedents in the earlier collections as may, with slight alteration, be adapted to the exigencies of existent circumstances. It has not been deemed advisable to exclude forms framed imder Acts of Parliament which may have since been repealed, nor those which are virtually the effect of causes no longer necessitating a peculiar form of draft, if such form may possibly prove of assistance, either as a precedent in connection with other matters, or as a guide in constructing an assurance or instrument under the altered state of the law. For example : — a precedent of a conveyance of lands for the purpose of qualifying the grantee to sit in Parliament, &c. (3 Wilde, 556), has been retained, though it is well known that no such Digitized by Microsoft® iv PREFACE. qualification is at the present day requisite. This form would prove useful in any case in which the possession of property to a certain amount were a condition to the holding of a particular office. Further, composition deeds, and deeds of arrangement with creditors under the old Bankruptcy Acts have been indexed, as, with certain variation, they may be readily adapted to the existing law. For similar reasons, a precedent has not been rejected on account of its verboseness, or its unnecessary length. Many a precedent in its entirety, now obsolete, may prove useful and suggestive as a guide in the preparation of a deed more suited to the style and phraseology of modern times, and the learning and precision of our earlier draftsmen may be resuscitated, if for this purpose alone, with advantage. A vast number of valuable forms lie scattered in our law books, un- known to the many, and difficult of discovery at the moment when required. It has been customary for some time past to insert at the end of Treatises precedents applicable to the subjects therein treated, and divers serviceable forms may be seen attached to a Treatise which has long since been thrown aside as antiquated. The majority of these have been carefully selected and indexed in their respective places. Having thus explained, as briefly as possible, the nature of the ensuing Index, I submit it to the Profession, in the expectation that the numerous omissions and inaccuracies, so inseparable to an undertaking of the present character, may be met with indulgence, since neither labour nor research has been spared to avoid them. There may be those who will be of opinion that a careful perusal of each precedent, and the suppression of those not of an estabhshed reputa- tion, would have enhanced the value of the present production ; yet, for the reasons already given, I trust that the course which, after mature con- sideration, I have pursued may meet with approval. WALTER COPINGER. Lincoln Chambeks, South King Street, Manchester, Decemier, 1871. Digitized by Microsoft® CONTENTS. N.B, — (a.) In those cases inwhicli the niiinber of the page is attached to the title, the precedents having reference to the title will be found on such page. (5.) In those cases in which the number of the page is attached to the title, and within paren- theses is a reference to some other title, the precedents having reference to the title will be found on the page there indicated, and also on the page specified by the title further referred to. (c.) In those cases where no number of the page is attached to the title, no precedents will be found under such title, but will be found solely under the head referred to in such title. AbandoMiIENT. See Shipping. Abstracts . . • 1 Acceptances. See Bills of Exchange. Account 1 Accruer (clause of). See Settlements, Uses and Trusts, and Wills. Accumulation. See Settlements, Uses, and Trusts, and Wills. Acknowledgments (see also Receipts) 2 Acquittance. See Acknowledgments and Eeoeipts. Act of honour. See Bills of Exchange. Acts of Parliament. See Parliamentary Forms. Actions ..... 5 Administration ............. 5 Admittances 5 Advancement (power of). See Powers and Provisoes, Settlements and Wills. Advertisement (see also Partnership) 3 Advowsons (see also Presentation) 6 Affidavits 7 a. Of execution of bill of sale. See Bills of Sale. 6. Eor order to enter satisfaction on registry of bill of sale. See Bills of Sale. c. Of execution of memorials. See Memorials. d. Verifying certificate of acknowledgment of married women. See Ac- knowledgments. Affirmations. See Affidavits. Affreightment. See Shipping. Agency and agent. See Principal and Agent. Agreements 9 a. Eor the sale of an advowson. See Advowsons. 6. To grant an annuity. See Annuities. c. To submit to arbitration. See Arbitration. d. Eor charter party. See Charter Party. e. Eor composition. See Composition Deeds. /. For sale, hire, building, and letting. See Contracts for, &c. g. Eor sale of books. See Copyright. h. Eor enfranchisement. See Enfranchisements, i. For exchange. See Exchange Ic. To pay for goods furnished to another. See Guarantee. I. Eor leases. See Leases. m. Eor mortgages. See Mortgagee. II. For partition. See Partition. 0. For partnership. See Partnership. p. Between principal and agent. See Principal and Agent h Digitized by Microsoft® VI CONTENTS. PAGE Agreements — continued. q. For purcliase by railway companies. See Eailway Companies. r. For settlements. Bee Settlements. s. In connection ■with shipping. See Shipping. t. For the commutation of tithes. See Tithes. Agricultural tenancies. See Leases. Alimony. See Separation Deeds. Allotment. See Partition. Ancient demesne. See Copyholds. .Annuities ........'..... !•! a. Apportionment of an annuity. See Apportionment. h. Release of annuity. See Eeleases. Apartments. See Contracts for Letting, and Leases. Appointments 25 a. Of arbitrators. See Arbitration. 6. Of attorney. See Power of Attorney. c. Of agent. See Principal and Agent. d. Of receiver. See Eeceiver. e. Of new trustee. See Trustees. Appointment (powers of) .27 a. On marriage. See Settlements. Apportionment • 32 Apprenticeship deeds and articles of clerkship 32 Approbation. See Confirmation, Arbitrament. See Awards. Arbitration 34 a. Submissions. 1. By agreement 34 2. By indenture ........... 35 3. By bond 36 4. By order 37 S Appointment of arbitrators 38 c. Proceedings under the reference 39 Arrangement (deeds of) 40 Arrangements with creditors. See Bankruptcy, Composition Deeds, and Inspec- torship Deeds. Articles of agreement. See Agreements. Articles of clerkship. See Apprenticeship Deeds. Articles of marriage. See Settlements. Assent (see also Confirmation, and Consent) . . . . . , ..41 Assignments 41 a. Of annuities. See Annuities. 6. Of articles of clerkship. See Apprenticeship Deeds. c. For benefit of creditors. See Bankruptcy, Composition Deeds, and Inspec- torship Deeds. d. Of bonds. See Bonds. e. Of copyright See Copyright. /. Of leaseholds. See Leases. g. Of letters patent. See Patents. h. Of mortgages. See Mortgages and Settlements. i. Of policies of assurance. See Policies. Associations. See Benefit Building Societies, Companies, and Eailway Com- panies. Assurance (policy of). See PoKoies. Attainder. See Forfeiture. Attendant terms. See Assignments. Attestations 45 Attorney. See Letters of, Powers of, and Warrants of. Attornments 47 Auctions (see also Conditions of Sale) 48 Augmentations. See Conveyances. Digitized by Microsoft® CONTEKTS. vil PASE Authentication. See Certificates. Authorities 48 Average agreements. See Shipping. Awards 48 a. As to tithes. See Tithes. Bail bonds. See Bonds. Bankers (securities to). See Bonds, Guarantees, and Mortgages. Bankruptcy {see also Composition Deeds, and Inspectorship Deeds) . . . . fi6 Bargain and sale 68 Baron and feme. a. Conveyances by. See Conveyances. 5. Mortgages by. See Mortgages. Benefice. See Advowsons. Benefit building societies 69 a. Eules 69 h. Mortgages 69 c. Scotch securities 70 Bequests. See Wills.' Bill of credit. See Letter of Credit. Bills. See Parliamentary Forms. BiUs of exchange [see also Protests) ......... 70 Bills of lading {see also Charterparties, and Shipping) 72 Bills of sale (see also Bankruptcy, and Hypothecation) 72 Bonds 75 a. Mortgage bonds 81 J. Bail bonds 81 c. For faithful service 83 d. For quiet enjoyment 84 e. Postobit bonds . . . • 85 /. Bottomry and respondentia bonds 85 g. Assignment of bonds ........... 86 Bonds (annuity). See Annuities. Bonds of indemnity. See Indemnity Bonds. Bonds of Resignation. See Eesignation. Bottomry bonds. See Bonds. Building contracts. See Contracts. Building leases. See Leases. Building societies. See Benefit Building Societies. Burial boards (conveyances to). See Conveyances. Certificates (see also Declarations) 87 a. Of acknowledgment of deeds by married women. See Acknowledgments. Charities 89 Charter (see also Patents) 90 Charter-parties (see also Bills of Lading, and Shipping) 90 Chief rents. See Pent Charges. Chemin. See Eights of Way. Ohoses in action (assignment of). See Assignments. Claims 91 Coal mines (lease of). See Leases. Codicil. See Wills. Cognovits (see afoo Warrants of Attorney) 91 Collation. See Presentation. Commutation. See Copyholds and Tithes. Companies (see also Eailway Companies) 92 a. Minmg companies 94 l. Mortgages, &c. 95 Composition deeds (see also Bankruptcy, and Inspectorship Deeds) . . . 96 h 2 Digitized by Microsoft® vui CONTENTS. PAOE Conditions of Sale 98 a: PreehoMs 98 b. Copyholds 99 c. Leaseholds 99 d. Mixed I(i0 e. By order of the Court of Chancery 100 /. Eeversionary interests, poHoies, &c. . 101 g. Timber 101 h. Commercial ............ 101. i. Horses and carriages 101 y. By assignees and devisees in trust 101 k. Miscellaneous 102 Confirmation (see also Assent) .......... 104 Conflsoatiou, See Forfeiture. Consent {see also Assent) 106 Considerations in deeds 107 Consignments. See Shipping. Contracts for building (see also Building Leases) 107 Contracts for hire 109 Contracts for letting (see also Leases, Agreements for) ..... 109 Contracts for sale . . . . . . . . . . . ..110 a. Freeholds 110 I. Copyholds Ill c. Leaseholds 112 d. Mixed property 113 e. Timber 113 /. Miscellaneous 113 Conyeyauces (see also Grants) 115 a. Freeholds 115 6. By wife, husband joining . . . . . . . . .117 c. By devisees in trust for sale and trustees . . . . . . . 118 d. To trustees 120 e. By joint tenants and tenants in common 121 /. To joint tenants and tenants in common 122 ,9. By tenants for life and in tail . 122 h. By mortgagees ............ 123 ■i. By mortgagors and mortgagees . . . . . . . . . 1 24 y. By assignees of bankrupts 125 A. Of remainders and reversions 120 I. Of equity of redemption 127 m. Subject to charges 128 w. In consideration of rent charges, &o. ....... 128 0. Under decree of the Court of Chancery 129 p. Augumentations . .130 q. Conveyance and mortgage by same instrument 131 r. Miscellaneous 132 s. Of copyholds 134 t. Of freeholds and copyholds 137 u. Of freeholds and leaseholds . . . , . . . . ..139 V. Of freeholds, copyholds, and leaseholds . . ..... 139 aa. Of advowsons. See Advowsons. lb. Of next presentation. See Advowsons. cc. Of charity lands. See Charities dd. Of rights of common and rights of way. See Eights of, &c. ee. To railway companies. See Eailway Companies. ff. Of rent-charges. See Eent-charge. gg. Of tithes. See Tithes. hh. In trust for creditors. See Bankruptcy, Composition Deeds, and Inspectorship Deeds. ii. Covenants in purchase deeds. See Covenants. Co-partnership deeds. See Partnership. Digitized by Microsoft® CONTENTS. IX PAOB Copyliolds {see also Conveyances) 140 a. Conveyances of. See Conveyances. 6. Enfrancliisenients of. See Enfranchisements. c. Leases of. See Leases. d. Mortgages of. See Mortgages. e. Settlements of. See Settlements. /. Wills devising. >See WiUs. Copyright . , 143 Cost-book mining companies. See Companies. Cottages (leases of). See Leases. Covenants 144 a. In purchase deeds 144 h. In leases 145 c. In mortgages . ,.,.......] 50 d. Miscellaneous covenants . . . . 151 Covenants for the production of deeds. See Deeds. Covenant (deeds of) 152 Covenant to stand seised to uses. . , . . . . . . ..155 Debtor and creditor. See Bankruptcy, Composition Deeds, and Inspectorship Deeds. Debts (assignment of). See Assignments. Declarations (see afeo Certificates, and Depositions) . . . . . .155 Declarations of trust. See Trusts. Deeds of covenant. See Covenant. Deeds (covenants for the production of) 157 a. Grenerally ............ 157 5. By trustees and mortgagees. . . . • 159 Defeasance (see afeo Warrants of Attorney) 159 Demand 160 Demise. See Leases. Demurrage. See Shipping. Deposit of deeds. See Mortgages. Depositions (see also AfiBdavits, Certificates, and Declarations) .... 160 Deputation. See Appointments. Deputy steward (appointment of). See Appointments. Devise. See Wills. Disclaimers and renunciations . . . . . . . . ..161 Disentailing assurances 162 a. Freeeholds 162 6. Copyholds . . . . . . . . . . . .165 c. Personalty 167 Dis-mortgage. See Mortgages. Dissolution of Copartership. See Partnership. Distress ' 168 a. Notices '. 168 Distringas 169 Documents. See Deeds. Donation. See Presentation. Dower declarations (see also Declarations) 1 69 Easements. See Grants. Ejectment (cognovit in). See Cognovits. Election petitions. See Petitions. Endowment. See Charities and Conveyances. Enfeofiment. See Eeofiments. Enfranchisements (see also Copyholds) . . . . . , . . . 169 Entails. See Disentailing Deeds. Equitable mortgages. iSee Mortgages. Digitized by Microsoft® X CONTENTS. rAHE Equity of redemption. a. Conveyance of. See Conveyances. b. Mortgage of. See Mortgages. Exceptions and reservations ■ ..171 a. Eeservation of rent. See Eeddendum. Exchange 1^2 Exchange (bUls of). See Bills of Exchange. Executor. a. Appointments of. See Wills. h. Eenunciation and disclaimer of. See Disclaimers. Extinguishment. See Merger. Factor. See Principal and Agent. Farming leases. See Leases. Feofiinents 17-i Foreign bill of exchange. See BiUs of Exchange. Forfeiture . ............. 175 Freehold land societies. See Benefit Building Societies. Friendly societies. See Benefit Building Societies. Further charges. See Mortgages, and Benefit Building Societies. Game (reservation of). See Exceptions. Gramekeeper (appointment of). See Appointments. Gas 176 Gavelkind conveyances. See Feoffments. Gifts (see also Charities) 176 Glebe lands (grants of). See Grants. Goodwill. See Assignments. Grants (see also Conveyances) 177 Guarantee (see also Bonds for Faithful Service) 177 a. To bankers 178 Guardians (appointment of). See Appointments, and Wills. Habendums 179 Hiring. See Contracts for Letting. Honoiu' (act of). See Bills of Exchange. Hospital (scheme for). See Charities. Husband and wife. See Baron and Feme. Hypothecation (see aZso Bills of Sale) 180 Indemnity (see also Bonds, Guarantee, and Eeleases) 180 a. Deeds of indemnity ISO I. Bonds of indemnity . • 184 c. To trustees or executors 186 d. Miscellaneous 187 Indowment. See Endowment. Infant (confirmation of, deed of). See Confirmations. Infeoffment. See Feofftnents. Insolvency. See Bankruptcy. Inspectorship deeds (see also Bankruptcy, Composition Deeds, and Licences) . . 188 Institution. See Presentation. Insurance. See Policies. Inventions. See Patents. Iron Mines. See Leases. Joint stock companies. See Companies. Jointure. See Appointment, Settlements, and Wills. Digitized by Microsoft® PAGE Lading (bills of). See Bills of Ladiag, and Shipping. Landlord and tenant. See Contracts for Letting, Leases, and Notices, Land tax (assignment of). See Assignments. Lapse (declaration as to). See Wills. Lead mines (leases of). See Leases. Leases . . 190 a. Agreements 190 b. Leases generally . 192 c. By tenants in common 196 d. From trustees or under powers 197 e. By tenant for life 198 /. By husband and wife 198 g. By mortgagee and mortgagor 198 h. For lives 199 i. Underleases 199 j. Of public houses 201 k. Agricultural tenancies . 203 aa. Agreements 203 66. Agricultural leases 204 I. Building leases . 208 aa. Agreements ........... 208 66. Leases 209 m. Mining leases 211 aa. Limestone quarries, &c 212 66. Salt mines 212 cc. Coal mines 213 dd. Tin, copper, iron, lead, and other m.ines 217 ,0. MiUs 218 0. Brickfields 219 p. Of copyholds 219 q. Of lands of lunatics 220 r. By dean and chapter 220 s. Miscellaneous 220 t. Assignment of leaseholds 222 u. Surrender of leaseholds 225 V. Covenants in lease. See Covenants. w. Provisoes in leases. See Provisoes. X. Lease and release. See Conveyances. Legacies. See WUls. a. Assignment of. See Assignments. 6. Mortgage of. See Mortgages. Legacy duty 226 Letters 226 Letter of adminstration. See Administration. Letter of attorney, See Powers of Attorney, Procurations, and Warrants of Attorney. Letter of credit 226 Letter of exchange. See BUls of Exchange. Letter of licence. See Licences. Letters patent. See Patents, and Companies. Licences 227 a. Lessor to lessee 227 6. Lord to copyhold tenant to demise 227 c. To cut timber 228 d. From creditor to debtor 228 e. To search for minerals 228 /. Miscellaneous 228 Lien. See Mortgages. Life annuity. See Annuity. Limitations. See Uses and Trusts. Limited adm.inistiation. See Administration. Digitized by Microsoft® xii CONTENTS. fi.QE Limited liability. See Companies. Literary property. See OopyrigM. Local acts of parliament. See Parliamentary Forms. Lodgings. See Contracts for Letting. Marine insurance. See Policies. Marriage settlements. See Settlements. Married women. a. Acknowledgments of. See Acknowledgments. h. Appointments by. See Appointment. c. Wills of. See WUls. _ Master and servant. See Principal and Agent. Memorandum of articles of association. 'See Companies, Memorials .........••■•• 229 a. Generally 229 h. Of conveyances .........••• 230 c. Of leases .........■••• 230 d. Of mortgages ........•■•• 230 e. Of annuities ........■•.• 231 /. Of judgments 231 g. OfwiUs 231 h. Miscellaneous _ 231 i. Afiidavits and certificates in reference to memorials .... 232 Merger . 233 a. Merger of tithes. See Tithes. Mills. a. Conveyances of. See Conveyances. b. Leases of. See Leases. Mines and minerals 233 a. Convey aaces of. See Conveyances. h. Leases of. See Leases. c. Mortgages of. See Mortgages. d. Eeservation of. See Exceptions. Mining companies. See Companies. Mortgages 233 a. Agreements for mortgages, and equitable mortgages 233 J. Freeholds 235 c. Deeds of collateral security 240 d. To bankers 241 e. To secure sum certain and further advance ...... 241 /. By husband and wife 242 g. By trustees 243 h. To trustees 244 i. By tenants for life 24.5 j. By tenants in tail 246 k. Copyholds and customary estates 246 I. Leaseholds 249 m. Freeholds and copyholds 252 n. Freeholds, copyholds, and leaseholds 252 0. Freeholds and leaseholds 253 p. Copyholds and leaseholds 253 q. Equity of redemption 254 r. Eeversions 254 s. Stock and shares, &o 255 t. Bates 255 u. Legacies 256 V. Bond and other debts 256 w. Mines, ships, chattels, rents, &c. 257 X. Sub-mortgage 258 y. Deeds of fiirther charge 25S Digitized by Microsoft® CONTENTS. xiu PAGE Mortgages — continued. z. Transfers of mortgages 260 1. Freeholds 260 2. Copyholds 262 3. Freeholds and copyholds 263 4. Leaseholds 264 5. Freeholds and leaseholds 263 6. Freeholds, copyholds, and leaseholds 265 aa. Ee-conveyances 266 66. Ee-assignments ........... 269 cc. Miscellaneous ............ 2G9 dd. Surrender of mortgage terms. See, Surrenders. ce. Mortgage to a huildmg society. See Benefit Building Societies. ff. Of charity lands. See Charities. gg. Of shares and bonds of companies. See Companies. hh. Of copyright. See Copyright. ii. Of policies of assurance. See Policies. jj. Of railway shares. See Railway Companies. yk. Covenants in mortgage. See Covenants. II. Provisoes in mortgage. See Provisoes. TOTO. Notices between mortgagor and mortgagee. See Notices. Mortmain. See Charities. Navigation. See Shipping. Negotiable instruments. See Bills of Exchange. Nominations. See Appointments. Notarial acts. See Bills of Exchange, Certificates, Declarations, and Protests. Notes, orders, warrants, &c. . . . . . . . . . .270 a. Delivery notes or orders .......... 270 6. Dock checks or warrants 270 c. Shipping order. See Shipping. d. Notes of hand. See Bills of Exchange. Notices 270 a. Landlord to tenant 270 I. Tenant to landlord 272 c. Mortgages. 1. By mortgagor . 273 2. By mortgagee and others . . . . . . . ..273 d. Of various assignments . . . . . . . . . .275 e. Between vendors and purchasers 276 /. Miscellaneous ............ 277 g. In connection with arbitrations. See Arbitration. h. Of distress. See Distress. i. Of dissolution of partnership. See Partnership. y. In connection with maritime matters. See Shipping. Oaths. See Affidavits, Affirmations, and Declarations. Operative words 281 Orders 282 Outstanding terms. See Assignments. Paraphernalia (bequest of). See Wills. Parcels, general words, &o 283 Parish apprentices. See Apprenticeship Deeds. Parish property 284 Parliamentary forms ............ 284 Particulars of breaches of, and objections to, patents. See Patents. Digitized by Microsoft® XIV COKTENTS. PAGE Particulars of property. See Auctions. Partition 287 a. Agreements 287 6. Freeholds 288 c. Copyholds 290 d. Leaseholds 290 e. Freeholds and copyholds 291 /. Freeholds, copyholds, and leaseholds 291 g. Miscellaneous 291 Partnership .............. 292 a. Generally 292 l. Between attornies 294 c. Between surgeons and medical men 295 d. Between farmers 295 e. Between brewers 296 /. Between coal merchants 296 g. Between bankers, brokers, and others 297 h. Various deeds, &c., in connection with partnerships . . . , 299 i. Dissolution of partnership ... ...... 300 j. Assignment of partnership property 302 h. Bonds 303 I. Notices 304 Patents 305 a. Agreements 305 6. Petitions for letters patent 305 c. Letters patent ............ 306 d. Specifications 306 e. Licences 307 /. Assignments on sale 307 g. Assignments by way of mortgage 308 Pecuniary legacies. See Wills. Permanent building societies. See Benefit Building Societies. Petitions 309 a. Petitions for patents. See Patents. i. Petitions against railway bills. See Eailway Companies. Pews. See Grants. Pin money. See Settlements. Policies 310 a. Assignments on sale 310 h. Assignments by way of mortgage 311 c. Assignments by way of settlement 311 d. Settlements of policies of assurances. See also Settlements. Post-nuptial settlements. See Settlements. Powers of appointment. See Appointment. Powers and provisoes. See Provisoes. Powers of attorney (see aZso Warrants of Attorney) 312 a. To execute deed 312 h. To receive monies, &c. 312 c. To surrender copyholds 315 d. For general management 316 e. Miscellaneous 318 /. Eevocation 320 Precept 320 Presentation (see also Advowsons) 320 Principal and agent 320 Principal and surety. See Guarantee. Private Acts of Parliament. See Parliamentary Forms. Procurations or letters of attorney (see also Powers of Attorney) . . . . 322 Production of deeds. See Deeds. Promise 322 Promissory note. See BUls of Exchange. Digitized by Microsoft® CONTENTS. XV TAQE Property qualification. See Qualification. Protector of a settlement (consent by). See Consent. Protests (see also Bills of Exchange, and Shipping) 323 Provisoes and powers 324 a. In leases 324 h. In mortgages 325 1, of sale 325 2, for redemption 326 3, for quiet enjoyment 326 4, various 326 c. In settlements . ' 327 d. Miscellaneous 329 PubUo Acts of Parliament. See Parliamentary Forms. Public companies. See Companies. Public conveyances. See Eailway Companies and Shipping. Public houses. See Leases. Purchase (contracts for). See Contracts for Sale. Qualification 330 Quiet enjoyment 3^1 a. Bonds for. See Bonds. b. Provisoes for. ySee Provisoes. Eailway companies 331 a. Agreements 331 h. Freeholds 331 c. Copyholds 332 d. Leaseholds 333 e. Freeholds and leaseholds 333 /. Common lands 333 g. Lands in mortgage 333 A. Eent charges 334 i. Land taken from incapacitated owners 334 y. Mortgages 335 k. Arbitration 335 I. Notices 335 m. Miscellaneous forms 336 Eeassignments and reconveyances 338 Eeceipts (see also acknowledgments) ....... . . 338 Eeoeiver 339 Eecitals 340 Eeconveyanoes. See Eeassignments. Eectorial impropriate tithes. See Tithes. Eectory. See Advowsons, and Presentation. Eeddendum 351 Eedemption (equity of) 352 a. Conveyance of. See Conveyances. J. Mortgage of. See Mortgages. Ee-entry (proviso for). See Provisoes. Eeferenoe. See Arbitration. Eegistry 352 a. Memorials to register. See Memorials. Eelease 353 a. Of lands from charges 353 I. Of rights of way 354 e. Eeleases generally 354 d. Eelease and indemnity 356 e. Debtor and creditors 357 /. Miscellaneous 358 Digitized by Microsoft® xvi CONTENTS. I'AGM Eemainder. See Eeversionary interests. Eent-oharge (see also Annuities) 360 a. Conveyance in consideration of a rent-charge. See Conveyances . 360 6. Eelease of lands from rent-oliarge. See Eelease. Eenunoiation. See Disclaimer. Eepublication of -will. See Wills. Bequest .... 360 Eeservations (see also Exceptions, Habendums, and Eeddendum) . . . 361 Eesignation ,..........■•• 361 Eeversionary interests . ._ 361 a. Conveyances of reversions, &c. See Conveyances. • h. Mortgage of reversions, &o. &e Mortgages. u. Settlements of reversions, &c. See Settlements. Eevocation 362 a. Of a power of attorney. See Powers of Attorney. h. Of will. SeeWiUs. Eight of common. See Grant. Eight of way ,,...•...•.••. 363 Eules of friendly societies. See Benefit Building Societies. Sales. See Bills of Sale, Conditions of Sale, Contracts for Sale. a. Sales of ships. See Shipping. Salt mines. See Leases. Seamen. See Shipping. Separation deeds 364 Servants. See Principal and Agent. Sett (Mining). See Leases. Settlements 367 a. Eeal estate ............ 367 h. Leaseholds 376 c. Stock and funds, &c. .......... 377 cl. Of proceeds of real estate 380 e. Stock in trade, &o 386 /. Mortgage securities 386 g. Bond and other debts .......... 389 h. Policies of assurance 389 i. Eeversionary interests .......... 390 y. Under powers 393 k. Mixed property . 395 I. Miscellaneous 402 TO. Post-nuptial settlements 404 n. Voluntary settlements 405 Shipping 408 a. Agreements . . 408 h. Protests 409 c. Bonds 411 d. Assignments 411 e. Notices 412 /. Various forms 413 g. Bills of sale of ships. See Bills of Sale. h. Contracts for sale of ships. See Contracts for Sale. i. Contracts for building ships. See Contracts for Building. y. Bills of lading. See BUls of Lading. k. Charter-parties. See Oharter-Parties. Single bond. See Bonds. Societies. See Benefit Building Societies, Charities, and Companies. Specifications. See Patents. Specific legacy. See Wills. Statutes (see afoo Parliamentary Forms) , , . 413 Statutory declaration. See Declarations. Digitized by Microsoft® CONTENTS. Xvii PAGE Steward (appointment of). See Appointments. Stock-in-trade (assignment of). See Assignments. Stop order. See Distringas. Strict settlement. See Settlements. Sub-lease. See Leases — Underleases. Surety. See Guarantee. Surrenders 414 a. Surrender of copyholds. See Conveyances. b. Surrender of leaseholds. See Leases. Tacking. See Mortgages (Transfer of). Terminating building societies. See Benefit Building Societies. Terms (attendant). See Assignments. Testament. See Wills. Testatum and consideration 415 Testimonium 416 Tin mines. a. Grant of. See Grants. b. Lease of. See Leases. c. Mortgage of. See Mortgages. Tithes 416 a. Conveyances 416 b. Mortgages . . . . . . . . . . . . . 417 c. Agreements and other forms 417 d. Leases of tithes. See Leases. Title deeds. See Deeds. Tontine. See Benefit Building Societies. Transfers (see also Assignments) . . . . . . . . . . 4 1 S a. Transfer of mortgages. See Mortgages. b. Transfer of mortgage on change of trustees. See Trustees (Appointment of New). c. Transfer of shares in public companies. See Companies. Trustees (appointment of new) (see also Covenants and Provisoes, and Uses and Trusts) 418 a. Generally , 418 b. Of real estate 419 c. Of personal estate 420 d. Of real and personal estate .422 e. Transfer of mortgages on appointment, &o. 424 Trustees (renunciation of). See Disclaimer. Trust (declarations of) 42 j Trusts (uses and). See Uses and Trusts. Umpire (appointment of). See Arbitration. Underlease. See Leases. Undertakings .............. 427 Uses and trusts 42S Vested legacy. See Wills. Vicarial teinds or tithes. See Tithes. Vivum vadium, vifgage, or hiring pledge. See Mortgages (Welsh). Voluntary settlements. See Settlements. Waiver 430 Warrants of attorney 430 a. Warrants 430 b. Defeasances 432 c. Affidavits 432 d. Warrants of attorney to secure the payment of annuities. See Annuities. Digitized by Microsoft® xvm CONTENTS. PAOE Warranty {see also Guarantee) 432 Waters and watercourses. a. Grants of. See Grants. 5. Exceptions of. See Exceptions. Way (right of). a. Grants of. See Grants. 6. Exceptions of. See Exceptions. Welsh mortgage. See Mortgages. Wife. See Baron and Feme. WiUs 432 a. Common forms in wills 432 6. Specific bequests 433 c. Gift of annuities and rent-charges 435 d. Pecuniary bequests 437 e. Settled legacies 439 /. Bequests of residuary personalty, directions for conversion, &c. . . 442 g. Directions for carrying on testator's business 443 h. Dispositions of residuary real and personal estate, trusts for conversion, &c. 444 ■i. Trusts of specific or residuary funds of personalty .... 447 j. Trusts of personalty (short forms) 450 k. General directions respecting bequests 452 I. Devise of trust and mortgage estates 453 m. Devises of real estates 454 n. Powers relating to real estate 459 0. Devises of copyholds 461 p. Bequests of leaseholds 461 q. Conditions 462 r. Trustee clauses 462 aa. Wills of real and personal estate 463 hb. Of widowers, bachelors and spinsters, &c 509 cc. Of farmers 511 dd. Of tradesmen 512 ee. Of various parties 515 ff. Of married women 516 gg. Under powers 517 hh. Of advowsons 518 ii. Wills of personal estate 519 jj. Miscellaneous 525 iik. Codicils 626 U. Miscellaneous forms 531 Year to year (tenancy from). See Leases. APPENDIX. Abstract of " The Stamp Act, 1870," with schedule of duties .... 533 Stamp duties payable on probates of wills, letters of administration, legacies, and successions 560 Tables of the value of annuities required for the calculation of legacy or succes- sion duty ....■••....... 566 Table of distribution of personal estate of intestates 568 Old stamp duties ... 569 Digitized by Microsoft® TITLES OF WOEKS EEFEERED TO, "WITH THEIR RESPECTIVE ABBREVIATION'S. Abb. Ap Andr Arch Bain Baker B Bate Bird Bisset Ap Bone Brooke Buny. F. I. .. Buny. L. A. ., Byrne Byth c: Cald., Carp. Ap Cary Chit , Chr Clay. Colly Cooke Cooke Cop. .. Cooke I. A. . C. &H Coote Coote L. & T. Cory Crabb Dav Dav. Con Davis DeG. &S Dibb Dixon Eagle F. &W. Eaw Forsyth Fowl Fran Gow Green Greenh. Ap. . Grif. H. L. F Abbott on Shipping, 11th edition, 1867. Precedents of Leases, by John Andrews, 1871. Archbold's Landlord and Tenant, 3rd edition, 1864. Bainbridge's Law of Mines and Minerals, 3rd edition, 1867. Baker's Laws Relating to Burials, 3rd edition, 1863. Bateman's Auctioneer's Guide, 4th edition, 1863. Bird's Supplement to Barton, 2nd edition, 1817. Bisset on Partnership, 1847. Precedents in Gonreyanoing, by S. V. Bone, 2 vols., 1838. Brooke on the Office and Practice of a Notary, 3rd edition, by Levi, 1867. Bunyon on the Law of Fire Insurance, 1867. Bunyon on the Law of Life Assurance, 2nd edition, 1868. Byrne's Bills of Sale, 2nd edition, 1870. Bythewood's Conveyancing, by Jarman, vols. 8 & 9, 1832-3. Precedents prepared by Counsel. Caldwell's Law of Arbitrations, 1817. Carpmael's Law of Patents, 6th edition, 1860. Cary on the Law of Partnership, 1827. Chitty's Law of Commerce and Manufactures, 4 vols., 1824. Christie's (J. T.) Concise Precedents of Wills, 2nd edition, 1857. The Elements of Conveyancing, by W. C. Clayton, 1855. Collyer's Law of Partnership, 2nd edition, 1840. Cooke's Agricultural Tenancies, 1850. Cooke's Law of Copyhold Enfranchisement, 1863. Cooke's Inclosure Acts, 4th edition, 1864. The Charitable Trusts Acts 1853, 1856, 1860, &c., by Cooke and Harwood. Coote's Law of Mortgages, 3rd edition, 1860. Coote's Landlord and 'Tenant, 1840. Coryton's Law of Letters Patent, 1856. Crabb's Conveyancing, 6th edition, 2 vols., 1859. Davidson's Conveyancing, vol. 1, 3rd edition, 1864 ; vol. 2, part 1, 2nd edition, 1864 ; vol. 2, part 2, 3rd edition, 1869 ; vol. 3, 2 parts, 2nd edition, 1861 ; vol. 4, 2nd edition, 1864 ; vol. 5, part 1, 2nd edition, 1864 ; vol. 5, part 2, 1866. Davidson's Concise Precedents in Conveyancing, 8th edition, 1871. Davis's Law of Building and Freehold Land Societies, 1870. De Gex's and Smith's Arrangements between Debtors and Creditors, 1869. Dibb's Forms of Memorials, Ac, 1862. Dixon's Law of the Farm, 1858. Eagle, Commutation of Tithes, 2nd edition, 1837. Precedents of Instruments relating to Transfer of Land to Railway Com- panies, by H. T. Frend and T. H. Ware, 2nd edition, by Sturges and Browne, 1866. Law of Landlord and Tenant, by W. M. Fawcett, 1871. Forsyth on Composition with Creditors, 3rd edition, 1864. Fowler on Collieries and Colliers, 1869. Francis's Law of Charities, 1854. Gow's Law of Partnership, 3rd edition, 1830. Greenwood's and Horwood's Practice of Conveyancing, 1865. Greenhow's Shipping Law Manual, 1863. Griffith on Arrangements with Creditors, 1865. Legal Forms, by W. C. Hall, 1865. Digitized by Microsoft® TITLES OF "WORKS REFERRED TO. H. &J Hayes Hay. Intr Hind Hous Hug Hurl James F. S. ... James J. S. ... Jar Jones Kelly L. Bro Lang. Ap Lewis Lloyd Love Mad Mar. R Mil Moore Nor O'Uowd Ap. ... Peac Piatt r. p. A. p. ... Prid Prior Pr. B. B. S. ... Eobin Eol). on G Kog Rouse Rouse Cop. . . . E. P. M Euss San Scriy Shark. Ap. ... Sliel. Copy. ... Shel. Mort. ... SheLonT. ... Shel. R. P. ... Ship Sills Smith P. C. ... Stone Sweet Sweet L. L. .. Sw. onW Tap Thorn ThringL. D... Tudor Wats Webs AVilde Wilk Will. P Woodf. Wool. W Word. M. Ap. Word, P Hayes and Jarmau's Concise Forms of Wills, 7th edition, by Dunning, 1869. Hayes's Concise Conveyancer, 3rd edition, by Coltman, 1869. Hayes's Introduction to Conveyancing, 2 vols., 1840. Hindmarch's Law of Patents, 1846. A selection of Precedents in Conveyancing, by F. Housman, 1861. Concise Precedents in Modern Conveyancing, by W. Hughes, 2nd edition, 3 vols., 1855-6. Hurlstone's Law of Bonds, 1835. James's Guide to Friendly Societies, 1851. James's Practical Application of the Joint Stock Co., &c.. Acts, 1851. Bythewood and Jarman's Precedents, 3rd edition by Sweet, 9 vols., 1841-50 ; vol 8. part 1, 1861. Jones's Attorney's Pocket Book, 7th edition by E. Rouse, 2 vols., 1850. Kelly on the law of Life Annuities, 1836. Lathom Browne's Treatise on the Companies Acts 1862 & 1867. Langley's Trustees' and Mortgagees' Act, 23 & 24 Vic. c. 145, 1861. Principles of Conveyancing, by Herbert Lewis, 1863. Lloyd's Law of Compensation, 2nd edition, 1870. Lovelass on Wills, 12th edition, 1838. Madden on Registration of Deeds, &c., 1868. Martin's Recital Book, 1834. Miller on Equitable Mortgages, 1844. Moore, The Solicitor's Book of Forms, 1852. Norman's New Law of Patents. O'Dowd's Merchant Shipping Amendment Act, 1863. Peachey on Marriage and other Settlements, 1860. Piatt on Leases, 2 vols., 1847. Precedents of Private Acts of Parliament settled and approved by a Com- mittee of the House of Lords, London, 1829. Prideaux's Precedents in Conveyancing, 6th edition, 2 vols., 1870. A Complete Manual of Short Conveyancing, by H. L. Prior, 1857. Pratt's Benefit Building Societies, 3rd edition, 1865. Robinson's WaiTants of Attorney, 1844. Eobinson's Common Law of Kent, &c. , by Norwood, 1858. Rogers on Mines, Minerals, and Quarries, 1864. Rouse's Practical Conveyancer, 3rd edition, 2 vols., 1871. Eouse's Copyhold Enfranchisement Manual, 3rd edition, 1866. Rouse's Practical Man, 13th edition, 2 vols., 1871. Russell on Ai'bitrators and Awards, 4th edition, 1870. Sanders' Uses and Trusts, 5th edition, 2 vols., 1844. Scriven on Copyholds, 4th edition, 2 vols., 1846. Sharky's Handbook of Election Committees, 2nd edition, 1866. Shelford on Copyholds, 1853. Shelford, Law of Mortmain, 1836. Shelford on Tithes, 3rd edition, 1848. Shelford's Real Property Statutes, 7th edition, 1863. Shipman's Attorney's new Pocket Book, 3rd edition by AUnutt, 1849. Sills on Composition Deeds, 1868. Smith's Practice of Conveyancing, 1863. Stone on Benefit Building Societies, 1851. Concise Precedents in Conveyancing, by Geo. Sweet, 2nd edition, 1S45. Sweet on the Limited Liability Act, 1856. Sweet's Law of Wills, 1838. Tapping, Copyholder's Enfranchisement Manual, 1852. Thompson's Benefit Building Societies, 1850. Thring's Land Drainage Act, 1861. Tudor's Charitable Trusts, 2nd edition, 1862. Watson on Arbitrations and Awards, 3rd edition, 184C. Webster on lietters Patent for Inventions, 1841. Wilde's Supplement to Barton, 3rd edition, 3 vols., 1826. Elementary Precedents in Conveyancing, by Thos. Wilkinson, 1870. Williams on Personal Property, 7th edition, 1870. Woodfall's Landlord and Tenant, lOtli edition, 1871. Woolrych's Law of Ways, 2nd edition, 1847. Wordsworth's Law of Mining, Banking, and Joint Stock Co., 6th edition, 1854. Wordsworth's Law of Patents, 2nd edition, 1857. Digitized by Microsoft® INDEX TO PEECEDENTS IN CONYEYANCINa, AUD TO COMMON & COMMERCIAL FOEMS. ABANDONMENT {see Shipping, post). ABSTRACTS. 1 Absteact of title to freeholds. 2 Abstract of title to freeholds and copyholds. 3 Abstract of title to copyholds. 4 Abstract of title to leaseholds. 5 Abstract of title. 6 Ditto. ACCEPTANCES (see Bills op Exchange, post). ACCOUNT. 1 Account stated, signed, and allowed by the parties. 2 Allowance of an account stated. 3 Allowance of an account stated by a nominee appointed under the 17 Geo. III. c. 53, for building or repairing a parsonage. 4 Forms of account. 5 Undertaking to keep and render accounts to principal. ACCRUER (CLAUSE OF) (see Settlements, Uses and Trusts, and Wills, post). ACCUMULATION {see Settlements, Uses and Trusts, and Wills, post). 1 Jar. 209. „ 221. „ 232. „ 238. Prior, 301. Ship. 124. Ship. 133. 1 Orabb, 30. „ 31. Moore, 169. Ship. 132. Digitized by Microsoft® ACKNOWLEDGMENTS. ACKNOWLEDGMENTS. By Married Women. 1 Acknowledgment by a Tender and wife of a deed before tbe Lord Mayor of London, indorsed thereon previously to inrolment in the Lord Mayor's Court, to bar the wife of dower. 2 Acknowledgment by two vendors and the wife of one of them, of a deed before the Lord Mayor of London, indorsed thereon previously to enrolment in the Lord Mayor's Court to bar the wife of dower. 3 Memorandum to be indorsed on the deed, or written in the margin, and signed by the commissioners. 4 Ditto. 5 Ditto. 6 When more than one married woman shall at the same time acknowledge the same deed respecting the same property. 7 Clauses relative to acknowledgments by married women. 8 Ditto. 9 Acknowledgment of a deed to be enrolled. 10 Ditto. 11 Acknowledgment by one married woman, before a judge or master in Chancery. 12 Acknowledgment of lease and release, by several married women, before perpetual commissioners. 13 Acknowledgment of lease, by several married women, and of release by the same, and by other married women. 14 Acknowledgment, before a judge or master, when a third person, being a practising attorney, deposes to aU the facts. 15 Acknowledgment, by one woman, before perpetual com- missioners, where a third person, being a practising attorney, deposes to all the facts. 16 Acknowledgment, by one married woman, before perpetual commissioners, when one of the commissioners, not interested, deposes to all the facts. 17 Acknowledgment, by several married women (for one of whom a provision is made), before perpetual commis- sioners, where one of the commissioners, not interested, deposes to all the facts. 18 Acknowledgment, before perpetual commissioners, where a third person deposes to some of the facts, and another third person, being a practising attorney, but not one of the commissioners, deposes to the remaining facts. 19 Acknowledgment, before perpetual commissioners, where a third person deposes to some of the facts, and one of the commissioners not interested, deposes to the remain- ing facts. 20 AflBdavit of acknowledgment before perpetual commis- sioners, where a third person, a practising attorney, deposes to. all the facts. Variation where part of the 1 Crabb, S.5. 1 Jar. 262. Smith, P. C, 184. 1 Jones, 211. Ship. 196. 1 Jones, 211. 1 Hug. 67. 2 Rouse, 425. WUk. 1. Green, 125. 2 Hay. Intr. 219. 222. 224. 225. 227. 228. 230. 232. 233. Digitized by Microsoft® ACKNOWLEDGMENTS. By Married "Women — continued. consideration is paid to the wife, or a proyision has been made for her by deed. 21 Form of afiB.davit to accompany an acknowledgment of a married woman, who is unknown to the commissioners, or the commissioner to whom she is known is acting as her attorney or soUcitor. Variation where the acknow- ledgment is by two married women. 22 Form of an afSdavit to obtain a special commission to take the acknowledgment of a married woman resident within the kingdom, who, from illness, is unable to leaye her residence to attend personally before the commissioners, to be made by any one cognisant of the fact to be stated in it. 23 Form of aflBdavit to be made by one of the commissioners where the acknowledgment is taken abroad. 24 Afiidavit verifying the certificate to be made by some practising attorney or solicitor, and to be sworn before a judge or a commissioner appointed for taking affidavits in the Court of Common Pleas. 25 Ditto. 26 Affidavit verifying certificate of acknowledgment made by a married woman. 27 Ditto. 28 Form of certificate of acknowledgment taken by commis- sioners specially appointed. 29 Form of return to be indorsed by special commissioners, who take the acknowledgment on the back of the com- mission. SO Form of note of instructions for a special commission to take the acknowledgment of a married woman residing abroad. 31 Form of notarial certificate to be annexed to the affidavit No. 23. 32 Certificate of acknowledgment of deed by a married woman. 33 Ditto. 34 Ditto. 85 Ditto. 36 Affidavit verifying such certificates. 37 Acknowledgment from a mortgagee to a mortgagor, of the receipt of title deeds. 38 Ditto. 39 Ditto. 40 Acknowledgment on deposit of deeds. 41 Ditto. 42 Ditto (with schedule). 43 Acknowledgment of title. 44 Ditto. 45 Ditto. 46 Acknowledgment by mortgagee in possession of the mort- gagor's title, so as to take the case out of the stat. 3 & 4 Will. IV. c. 27. 1 Hug. 358. 363. 365. 369. Smith, P. C, 184. 1 Jones, 213. 1 Crabb, 52. Ship. 197. 1 Hug. 3G7. 367. „ 368. „ 370. Smith, P. C, 183. Shel., R. P., 717. Ship. 196. 1 Jones, 212. Shel., E. P., 718. 1 Jar. 258. 1 Jones, 2. Wilk. 2. E. P. M. 2. 1 Crabb, 33. „ 33. "Wilk. 2. R. P. M. 1. Bate. 339. 1 Crabb, 34. B 2 Digitized by Microsoft® ACTS OF PARLIAMENT. 47 Acknowledgment of a person's title to certain land, so as to take the case out of the stat. 3 & 4 Will IV. c. 27. 48 Acknowledgment of a statute-barred debt. 49 Acknowledgment of debt to prevent statutes of limitation from operating. 50 Ditto. 51 Ditto. 52 Acknowledgment of a debt or legacy still due, to prevent its being barred by the 3 & 4 Will. IV. c. 27, s. 40. 53 Acknowledgment of title to bar the Statute of Limitations. 54 Acknowledgment that agreement entered into on behalf of another person. 55 Ditto. 56 Ditto. 67 Acknowledgment and approbation of a purchase by a judgment creditor, and declaration that purchaser shall enjoy, freed from that incumbrance. 58 Acknowledgment by a mortgagor that he is tenant to mortgagee {see Attornments, post). 59 Acknowledgment of balance of account. 60 Ditto. 61 Acknowledgment as to mortgage, lien, legacy, or intes- tate's estate. 62 Ditto. 63 Acknowledgment of debt incurred during infancy. 64 Acknowledgment of having received a bill of exchange for a particular purpose. 65 Form of acknowledgment of satisfaction. 66 Acknowledgment by a nominee, under the 17 Geo. III. c. 53, of the receipt of money borrowed under the directions of the act. 67 Acknowledgment of having received mortgage money. 68 Ditto, the deeds being lost. 69 Acquittance for purchase money in a conveyance. 70 Ditto. 71 Acquittance, where the consideration is stock. 72 Acquittance from vendors, being trustees under a will. to purchasers in equal moieties. 73 Acquittance by a mortgagee and mortgagor to a purchaser. 74 Acknowledgment by trustees of the transfer of stock upon trust. {See also Receipts, post). ACQUITTANCES {see Acknowledgments, ante; Ebceipts, post). ACT OF HONOUR {see Bills of Exchange, post). ACTS OF PARLIAMENT {see Parliamentary Forms, post). 1 Orabb, 34. Wilk. 2. R. P. M. 2. Bate. 340. 1 Crabb, 32. Woodf. 1051. R. P. M. 1. Bate. 339. 1 Orabb, 32. 1 Jar. 263. "Wilk. 3. E. P. M. 2. Bate. 339. „ 340. R. P. M. 2. „ 3. 1 Crabb, 32. Smith, P. C, 186. 1 Crabb, 33. „ 37. 1 Jones, 1. 1 Crabb, 37. 1 Jones, 2. 1 Crabb, 38. „ 38. 1 Jones 2. 1 Crabb, 35. Digitized by Microsoft® ADVERTISEMENT. ACTIONS. 1 Retainer of an attorney to commence an action. 2 Retainer of an attorney to defend. ADMINISTRATION. 1 Limited letters of administration with the will annexed, de. lonis non, for the purpose of assigning a term. 2 Letter of administration limited to an outstanding term. 3 Limited administration granted by the Prerogative Court of Canterbury for a term of years, a former general administration durante minoritate having ceased by the death of the minor. 4 Administration bonds. 5 Administration bond for administrators with the will. 6 Administration bonds in cases of intestacy. 7 Examples of bonds in cases where administration with the will annexed is to be granted to persons interested under the will. 8 Examples of bonds in cases where administration with the wiU annexed is to be granted to persons interested under the Statute of Distributions. 9 Form or example of power of attorney of next of kin of an intestate. 10 Ditto, of an executor. 1 1 Administration oaths {see also Affidavits, post). 12 Form of certificate where an aflBdavit, a declaration, or an af&rmation is made before a foreign local magistrate. 13 Attestation clause to bond where the parties executing it are unacquainted with the English language. 14 Form of jurat to oath and afiidavit made by a person unacquainted with the English language. 15 Bond where administration with the will annexed is granted to a creditor. ADMITTANCES. 1 Admittance of a new tenant to copyholds. 2 Form of admittance out of court by the steward of a devisee in fee. ADVANCEMENT (POWER OF) {see Powers and Peotisoes, Settlements, and Wills, post). ADVERTISEMENT. 1 The creditors, under 22 & 23 Vict. c. 35. 2 Of dissolution of partnership, see Partnership, post. Ship. 135. „ 135. 1 Jar. 269. 2 Wilde, 614. 1 Jar. 273. 1 Crabb, 500. „ 503. Chad. 16. 110. „ 150. 167. 168. 169. jj 181. J) 181. )j 181. 7? 118. Crabb, 39 >J 40. Green. 125. Digitized by Microsoft® ADVOWSONS. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ADVOWSONS (see also Presentations, post). Agreement for the sale of an adrowson. Ditto. Agreement for the sale of a next presentation. Agreement for the sale of a next presentation to a rectory. Agreement for the purchase of the next presentation to a parsonage. Agreement for the sale of the next presentation to a rectory. Covenant to pay interest till a yacancy. Agreement for sale of an advowson or next presenta- tion, where it is part of the arrangement that the purchase-money shall be invested until a vacancy, and the income received by the purchaser. Agreement for the purchase of the right of patronage of an advowson, in fee, for life, or for years. Agreement for sale by a tenant in tail in remainder, expectant upon the decease of a tenant for life, of the next presentation to a rectory, in the event of the tenant in tail being entitled in possession on its falling vacant ; with covenant to refund the purchase-money, in the event of the tenant in tail not so becoming entitled, &c. : a bond is taken as a farther security for refunding the purchase-money. a. Bond to accompany the preceding indenture. Grant of an advowson. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Grant of an advowson and an annuity until the benefice becomes vacant. Grant of an advowson in fee, upon trust for sale, to secure a redeemable annuity, the gTantee of a similar annuity being paid off out of the consideration money for the present annuity ; provisions for the investment of the proceeds of the sale, upon trust to secure the annuity, and, subject thereto, for the grantor. Grant of an advowson in fee, in consideration of the pur- chaser paying the same annuity as the vendor had cove- nanted to pay when he purchased it ; with a covenant by the purchaser to pay the annuity and indemnify. (Variation where the purchaser gives abond of indemnity). Conveyance of advowson by heir-at-law of mortgagee under a power of sale. Eesidue of piu'chase-money payable by instalments, and secured by the purchaser's covenant and deposit of deeds. 1 Crabb, 170. 1 Prid. 84. „ 85. 1 Crabb, 172. 1 Jar. 566. 2 Dav. 30. 1 Prid. 87. 1 Jar. 558. „ 572. „ 575. 2 Crabb, 981. 983. 1 Eouse, 71. Prior, 62. 1 Bone, 317. 1 Hug. 79. 1 Prid. 346. Hayes, 299. 2 San. 140. 1 Jones, 323. 1 Prid. 349'. 4 Jar. 141. 9 Jar. 495. Prior, 312. Digitized by Microsoft® AFFIDAVITS. 24 Grant of an adrowson by joint tenants with a covenant by the vendors to pay interest on purchase-money till a vacancy. 25 Demise of an advowson in trust to present to a living. 26 Grant of a next presentation. 27 Ditto. 28 Ditto. 29 Grant of a next presentation to a rectory. 80 Ditto. 31 Ditto. 82 Grant by patron of a rectory of the next presentation. 33 Ditto. 34 Conveyance of the next presentation to an- advowson. 35 Conveyance of the next presentation to a living. The vendor's estate being only for life, the purchase-money is directed to be invested by trustees upon trust to accumulate, until the right of representation shall accrue by the death of the incumbent, or fail of effect by the vendor's death in his lifetime. In the former case, the purchase-moneys and accumulations to be paid to the vendor ; in the latter to the purchaser. 36 Grant by a tenant for life of the next presentation to a rectory. 87 Grant of the next presentation to a rectory, in considera- tion of an annuity secured by an indenture of even date. Covenants for title, and to produce title deeds. 38 Mortgage of an advowson, with power of sale. 39 Ditto. 40 Mortgage of a living under the provisions of the Statute 17 Geo. III. c. 52, for providing for the rebuilding and repairing of parsonage houses. 41 Bond of the vendor of an advowson for the payment to the purchaser of an annual sum equal to the interest on the purchase-money until a vacancy. 42 Bond from the purchaser of an advowson to secure the incumbency to the vendor, the present incumbent, for his life. AFFIDAVITS. Affidavit required by the laws of a foreign country to authenticate an instrument in writing, intended to be used there, sworn before a notary. Notarial certificate to accompany the preceding affidavit, of its having been made before the notary. Affidavit required by the laws of a foreign country, of the identity and death of an executor of a will made abroad, and also authenticating a copy of an entry of his death made in the register book of interments, sworn before a notary. Notarial certificate to accompany the preceding affidavit, of its having been made before the notary, and cer- 2 Dav. 818. 2 Crabb, 906. 1 Eouse, 72. Dav. Con. 102. Hayes, 300. 2 Crabb, 986. 1 Bone, 321. 1 Prid. 347. 2 Crabb, 985. 1 Jones, 320. 1 Hug. 81. 2 Hug. 547. 2 Dav. 321. 9 Jar. 499. 1 Rouse, 260. 2 Hug. 83. „ 86. 2 Prid. 511. 3 Jar. 581. Brooke, 332. „ 333. „ 333. Digitized by Microsoft® AFFIDAVITS. tifying the identity of the deceased executor ; and authenticating a copy of the entry of his death, and of the afiadavit's having been sworn before the notary. 5 Affidavit of a part owner of a vessel to obtain a warrant out of the High Court of Admiralty to arrest her, in order to obtain security from the other part owners, about to employ her without his consent. 6 Instructions to execute the warrant, granted upon the foregoing afBidavit. 7 Affidavit of the due execution of the warrant. 8 Affidavit of the execution of deed of submission to arbi- tration. 9 Afladavit of the execution of bond of submission. 10 Ditto. 11 Affidavit of the execution of an award. 12 Affidavit verifying copy of award on motion to set aside award. 13 Afladavit of enlargement of time. 14 Afladavit of the execution of articles of clerkship. 15 Afladavit of the execution of assignment of articles of clerkship. 16 Affidavit of service of clerkship, and of having given the notices of admission. 17 Affidavit of service of chief clerk's summons. 18 Affidavit of the payment of the stamp duty. 19 Affidavit for the Commissioners of Inland Eevenue — for executors. 20 -Ditto, — for administrators with the will annexed. 21 Ditto, for administrators. 22 Affidavit for obtaining a return of duty on probates and letters of administration, on which too much duty shall have been paid on taking out the same. 23 Affidavit to be made in the case of too little duty having been paid on probates and letters of administration on taking out the same. 24 Affidavit for return of duty on the ground of debts. 25 Oath for executor. 26 Oath for administrators wdth the will. 27 Ditto. 28 Oath for administrators {see ADMiNiSTRATiOif, ante). 29 Justification of sureties. 30 Affidavit of handwriting. 31 Affidavit of plight and condition and finding. 32 Affidavit of search. 33 Affidavit of a creditor on applying for letters of adminis- tration, where the executor is abroad. 34 Affidavit of payment of judgment debt. 35 Affidavit verifying account of personal estate. 36 Affidavit as to real estate, and verifying account of rents ' and profits. 37 Afladavit to prove debt. 38 Afladavit of auctioneer of result of sale under a decree of the Court of Chancery. 39 Affidavit verifying abstract. Brooke, 334. 336. )> 337. » 338. 1 Crabb, 44. Russ. 815. Wats. 443. Euss. 815. jj 816. J? 816. 1 Crabb, 45. J) 46. )5 47. » 66. JJ 49. )S 68. J) 69. JJ 70. Moore, 159. jj 162. J) 166. 1 Crabb, 71. S) 71. Chad . 169. 1 Crabb, 72 )J 73. )> 73. )) 74. M 75. )? 76. JJ 52. ' >7 57. » 59. 5J 62. »J 62. JJ 64. Digitized by Microsoft® AGREEMENTS. 40 AfBdayit verifying engrossment. 41 Affidavit of the personal service of a bill or claim. 42 Affidavit of service of a bill or claim at the dwelling house of the defendant. 43 Affidavit of attesting witness in proof of the due execution of a will or codicil dated after 31st December, 1837- 44 Affidavit verifying notice of dissolution of partnership. 45 Affidavit of execution of bill of sale, see Bills of Sale, post. 46 Affidavit for order to enter satisfaction on registry of biU of sale ; see Bills op Sale, post. 47 Affidavit of execution of memorials ; see Memoeials, post. 48 Affidavit verifying certificate of acknowledgment of married women ; see AcKNOWLEcaMENTS, ante. AFFIRMATIONS {see Afpidatits, ante). \_See 3 & 4 Will. IV. c. 49 ; 1 & 2 Vict. cc. 5, 15, and 17 ; 6 & 7 Vict. c. 85, and 22 Vict. c. 10.] AFFREIGHTMENT {see Shipping, post). AGENCY AND AGENT {see Principal ksd Agent, post). AGREEMENTS. Agreement to apply for an Act of ParUament to enclose common fields and waste lands. Agreement by proprietors of common field lands to divide and enclose the same ; and to procure a decree in Chancery, or Act of Parliament, to ratify the division if requisite. Agreement that a creditor, or next of kin of an intestate, shall take out letters of administration, in trust for their common benefit. Agreement to assign the benefit of a contract for a pur- chase before the master. Agreement of a person entering into co-partnership, to charge his share of the business with a sum borrowed to make up his proportion of capital (with variations). Agreement to set up and work a stage coach by joint proprietors. Agreement between a registrar (or other principal officer) and his deputy relative to the fees and emoluments of the office. - Agreement between brothers and sisters (or others) to make an equal distribution of the personal estate of then' father (or other relative), if an unequal distribution be made by his will. Agreement with an engraver to engrave a set of cuts or prints for a publication. 1 Crabb, 65. „ 66. „ 67. „ 67. Green, 127. 1 Wilde, 1. „ 125. 12. 50. 89. „ 100. „ 119. 122. 132. Digitized by Microsoft® 10 AGREEMENTS. 10 11 12. 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 31 32 Agreement between parishioners to contribute rateably to- wards the expence of a suit for tithes, &c. ( with variations) . Agreement between assignees under a commission of bankruptcy (or other creditors or persons) to bear the expences of suits in proportion to their respective debts or other interests. Agreement between merchants relative to their being equal proprietors as to gain or loss in merchandise to be purchased by order. Agreement between tradesmen relative to the size of measures, &c. to be used in their business. Agreement for regulating the rate of interest to be paid by incumbents on mortgages made of their benefices under an Act of Parliament. Agreement to postpone the sale of a ship (or other pro- perty) which has been assigned in trust for sale. Agreement for postponing a jointure or other charge upon lands, to a mortgage or other subsequent charge. Agreement at a public meeting for a parish or township to adopt the provisions of an Act of Parliament for the reUef and employment of the poor. Agreement at a public meeting for two or more parishes, townships, or places to unite in adopting the provisions of an Act of Parliament for uniting to provide an asylum for the poor. Agreement between an association of tradesmen for the redress of abuses in the trade, and for raising a fund for prosecuting offenders. Agreement for regulating an association for prosecuting felons and other offenders. Ditto. Agreement to purchase stock sold out for the accommoda- tion of a borrower and pay amount of dividends in the meantime. Agreement by a water company to lay in water to supply a manufactory, or private family. Agreement by bankrupt .to pay a debt due from him before his bankruptcy, and from which he was dis- charged by his certificate. Agreement to pay debt contracted during infancy. Ditto. Agreement to relinquish a business in favour of another. Agreement for putting off a business. Agreement that certain acts shall not be deemed a waiver of an agreement. Agreement for settling litigations and questions arising under a will. Agreement between judgment creditors and a mortgagee, that the latter though subsequent in time shall have priority in payment. Agreement that a mortgagee shall apply the money to be advanced by him towards satisfaction of the judgment debts owing by the mortgagor, and that the judgments shall be assigned to the mortgagee to protect his estate. 1 Wilde, 139. „ 144. „ 167. „ 169. „ 171. „ 184. „ 187. „ 189. „ 190. „ 197. „ 200. 1 Jar. 676. 1 Wilde, 209. „ 233. 1 Jar. 707. „ 709. 1 Crabb, 89. „ 91. R. P. M. 31. 1 Crabb, 177. „ 178. Bird, 44. 1 Jar. 713. Digitized by Microsoft® AGREEMENTS. 11 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Workman's agreement with a mining company abroad. Agreement to rescind a contract. Agreement altering terms of an agreement. Agreement giving option of purchasing a share in a partnership, and for services meanwhile. Agreement under seal declaring the user of lights to be on sufferance. Agreement to permit the continuance of obstruction to ancient lights. Agreement on paying an execution out of a dwelling- house. Agreement between partners that they are jointly inte- rested in a lease. Agreement to charge an annuity upon lands, in consider- ation of wife joining in a sale of copyhold lands settled on her for life. Agreement between the dean and chapter of a cathedral and a lessee of lands held under the dean and chapter, and a husband and wife seised in right of the wife of an adjoining estate in fee, to refer the settlement of the boundaries of the premises held by the two parties respectively to A. B. Agreement by subscription for advancing money to make and repair a turnpike road, or highway. Agreement by subscription for advancing money to repair a turnpike road, or highway. Agreement between trustees of the turnpike roads for erecting one weighing engine for the use of such roads. Agreement between the trustees of a turnpike road and a person liable by tenure to repair some part of it. Ditto. Agreement by inhabitants at a vestry or public meeting, to pay gross sum, or annual payment, to be discharged from the repair of a particular road. Agreement between the owners of several houses forming a terrace, for the preservation and maintenance of a private carriage road and footway in front of the houses. Agreement between a landlord and tenant for surrender- ing up premises to the landlord, on being released from rent (with variations). Agreement between a vendor and purchaser for retaining a part of the pm-chase-money until a defect in the title, by reason of the minority of one of the vendors (or the like), be removed. Agi-eement that no advantage shall be taken of any defect of title by reason of part of the premises being omitted out of an assurance. Agreement not to take advantage of a defect of title arising by a misnomer in a deed, and to execute further assurances. Agreement by a vendor to take a reconveyance of premises sold, subject to a defect of title, if not cured within a given time. Prior, 287. Wilk. 25. „ 26. „ 27. „ 40. 1 Jar. 651. Wilk. 42. „ 43. 1 Jar. 544. „ 582. Wool. W. 570. 1 Wilde, 226. Wool. W. 579. „ 567. 1 Wilde, 224. „ 227. 2 Dav. 134. 1 Wilde, 230. „ 109. „ 112. „ 114. 1 Wilde, 116. Digitized by Microsoft® 12 AGREEMENTS. 55 56 57 58 59 60 61 62 63 64 Agreement between a vendor and purchaser for retaining part of the purchase-money, until a minor attain 21 and execute conyeyance. Agreement between two vendors and a purchaser, where money to be paid on a valuation of timber is to be in- vested in the funds in the names of trustees, until a title can be made to a part, outstanding terms assigned, and title deeds found ; and in the meantime, as an indemnity to the purchaser. Agreement by a vendor to repurchase premises if required by the purchaser within a limited period, in case the title deeds are not found in the meantime. Agreement between the vendors and purchaser of an estate in fee-simple, to refer to arbitration or umpirage the question whether certain lands were included in the contract; and what compensation the vendor should receive in consequence of part of the premises being discovered to be of a leasehold instead of a freehold tenure ; very specially drawn. Agreement between a tenant for life in possession, and a railway company for the sale and purchase of land, and for compensation for damage by means of an annual rent-charge. Agreement under seal between a contractor and a railway company for makiug a railway, without stringent stipu- lations. Disputes to be settled by independent arbi- tration. Agreement under seal between a railway company and a firm of contractors for making a railway, with stringent provisions for securing the performance of the contract to the satisfaction of the company's engineer, and making the obtaining his certificate a condition pre- cedent to the contractor's right to recover any payment. Agreement between a landowner and a railway company for taking land required by the company ; and for settling by arbitration the amount of the purchase money, and of compensation for severance, the number and nature of the communications to be made by the company, and the costs of the arbitration. Agreement between the provisional committee of a rail- way company and a landowner, and the lessees of his minerals, for withdrawing parliamentary opposition to the passing of the bill. The committee consenting to make deviations from their original line, and to execute their works in a particular manner, and to afford rail- way accommodation. Agreement by an original lessor to build part of premises destroyed by fire, in consideration of a sum paid to him by . an underlessee ; release from original lessor to lessee, and from lessee to underlessee, of the covenants of the respective leases, so far as they relate to the buildings not to be re-erected; and defeazances reviving the conditions of the leases partially dispensed with by the releases. 219. 1 Jar. 513. „ 523. „ 526. 2 Dav. 53. 149. „ 158. „ 47. „ 38. 1 Jar. 642. Digitized by Microsoft® AGRICULTURAL TENANCIES. 13 65 Agreement by purchaser to advance £25,000 to vendor to pay off incumbrances on property to be sold, the purchaser to be admitted into possession, &c. 66 Agreement for setthng the true construction of an obscure will and codicils, so as to enable the executors and trustees to carry the trusts thereof into execution without the aid of a Court of Equity; some of the cestui que trusts being married women, and one (though twenty-one years of age) not having obtained a vested interest in the fands. 67 Agreement for compromising a law suit, and relinquishing a claim to estates. 68 Agreement to bear equal shares in a law suit. 69 Agreement to procure the execution of deeds. 70 Agreement for letting purchaser into possession before acceptance of title. 71 Agreement to oppose inclosure bill, or poor rate, and to pay the expenses of the opposition proportionally. 72 Agreement to execute an assignment of leasehold premises as a collateral security. Agreement for the sale of an advowson, see Adtowsons, ante. Agreement to grant an annuity, see ANHtriTiES, post. Agreement to submit to arbitration, see Aebiteation, post. Agreement for charter party, see Chaeter-paett, post. Agreement for composition, see Compositiok Deeds, post. Agreement for sale, hire, building, and letting, see CON- TEACTS FOE, &C., pOSt. Agreement for sale of books, see Oopteight, post. Agreement for enfranchisement, see Enteanchisembnts, post. Agreement for exchange, see Exchange, post. Agreement to pay for goods furnished to another, see G-UAEANTBE, post. Agreement for leases, see Leases, post. Agreement for nlortgage, see Mortgages, post. Agreement for partition, see Paetition, post. Agreement for partnership, see Paetneeship, post. Agreements between principal and agent, see Principal A2^D Agent, ^os^. Agreements for purchase by railway companies, see Eail- WAT Companies, /los^. Agreements for settlements, see Settlements, post. Agreements in connection with shipping, see Shipping, post. Agreements for the commutation of tithes, see Tithes, post. AGRICULTURAL TENANCIES {see 'Lsa.ses, post). ALIMONY {see Separation Deeds, posf). Hayes, 192. 2 Dav. 101. Ship. 239. „ 238. „ 237. 1 Crabb, 176. Moore, 38. Ship. 237. Digitized by Microsoft® 14 ANNUITIES. ALLOTMENT {see Paetition, post). ALMSHOUSES {see Charities, ^os^. ANCIENT DESMESNE (see Copyholds, ^o«0- ANNUITIES. 1 Agreement to grant an annuity for life or lives, secured on freeholds, copyholds, or leaseholds, with or without a surety. 2 Agreement for granting an annuity. 3 Ditto. 4 Agreement for repurchase of the rent-charge. 5 Agreement for releasing an annuity charged on real estate. 6 Charge of an annuity to an intended wife by way of jointure by owners of the inheritance. 7 Grant of annuity to grantee, for his own life, charged upon lands of grantor, with powers of distress and entry; demise of the same lands to trustees, by way of further security ; covenant by grantor to pay annuity ; declar- ation of trusts of judgment ; power to grantor to re- purchase the annuity for a given sum. 8 Grant, by appointment and release in fee to uses, of annuity for the lives of three nominees ; power of distress and entry by way of use; trusts for sale; defeazance on judgment ; power to repurchase. 9 Graat of annuity by a widow for her life, or for 99 years, determinable, charged on a moiety of a freehold estate, by appointment under a power ; powers of distress and entry ; appointment and demise of the moiety, and appointment and assignment of life interest in stock, to trustee ; power to repurchase after the two years ; defeazance on judgment ; covenant as to insurance ; covenant by trustee to produce the settlement, and permit copies to be taken. 10 Grant of annuity for the grantor's life, charged on parcels mentioned in a schedule, and on lands to be purchased with trust stock, both belonging to grantor, under his marriage settlement for life, in remainder after a previous life estate ; future powers of distress and entry ; assignment to trustee of an annuity charged on the same property, and limited to grantor for the joint lives of himself and previous tenant for life ; and of the dividends of trust monies, to which grantor is entitled for life, in remainder after a previous life interest ; and of dividends of grantor's wife's portion, secured to trustees by a bond and demise from her father, and to which grantor is entitled in possession for life ; demise to trustee ; covenant to surrender copyhold parcels ; 2 Jar. 118. E. P. M. 25. 1 Crabb, 183. Prior, 135. Green. 148. 2 Wilde, 282. C. 206. 2 Jar. 241. 253. Digitized by Microsoft® ANNUITIES. 15 11 12 13 14 15 16 power of mortgage or sale ; coTenants by grantor to appear at insurance offices, (fee, and to pay additional premiums ; not to consent to the sale, (fee, of property ; or to the remoTal or nomination of trustees, without grantee's consent ; other special covenants ; power to repurchase on one month's notice. Grant of annuity for 60 years, if a married woman should so long live, secured by grantor's covenant, and a charge by the married woman on her separate life estate in freehold lands ; covenants as to insurance on her life ; power for either to repurchase. Grant, by successive tenants for life, of two annuities to two persons ; the first for the life of the survivor of grantors ; the other for the life of one of them, secured by bonds, and warrants of attorney to confess judgments in England and Antigua ; and charged on a plantation in Antigua, subject to a mortgage and agreement that mortgagees shall receive the consignments, and out of the produce, after paying an annual sum secured there- out to the grantors by the bond of the mortgagees, retain the residue in liquidation of their mortgage debt ; demise to trustee. Power to mortgage, sell, (fee. Ko priority. Assignment to trustee, of mortgagees' bond for paying a yearly sum to the grantors, upon the same trusts ; covenant by grantors, to employ mortgagees as consignees, and in case of their deaths, (fee, to appoint others to be approved by grantees; that new consignees shall execute a similar bond to that assigned ; and that new bond shall also be assigned to the trustee. Cove- nant as to insurance; powers to repurchase; power of attorney to acknowledge the deed in Antigua, in order for it to be registered, and to annex schedules, describing the lands. Variation where the annuities are granted for years determinable. Grant on a sale of annuity to grantee for his own life charged upon lands of grantor, with powers of distress and entry. Demise of same lands to trustees by way of further security. Covenant by grantor to pay annuity. Grant of an annuity or yearly rent-charge for the life of grantor, charged on real estate, and payable half-yearly ; a term of 99 years determinable on the grantor's life, being also limited to a trustee for the grantee by way of additional security. Variation, where the annuity is secured upon leasehold property, and covenant to insure against fire. Grant of an annuity for the life of the grantee, charged upon real estate, of which the grantor is seised in fee, and which annuity is further secured by a conveyance to trustees upon trusts for sale. Variations, where the annuity is made payable during the life of three nominees. Grant of a perpetual rent-charge on freeholds to confer a county vote. 2 Jar. 314. „ 335. „ 376. 2 Prid. 608. 2 Hug. 453. „ 469. Prior, 134. Digitized by Microsoft® 16 ANNUITIES. 17 18 19 20 21 22 23 24 Grant of an annuity charged on a life estate ia lands, and demise of same lands to a trustee, upon trust, by sale or mortgage, to raise money to pay arrears and expenses ; annuity also secured by a warrant of attorney to con- fess judgment ; grantor to grantee and trustee. Grant of three annuities charged on a life estate in certain manors, &c., &c., (subject to former annuities charged on the same) : — and demise of manors, &c., for a term, upon trusts for raising annuities ; annuity also secured by three bonds and three warrants of attorney for con- fessing judgment against the grantor; grantor to grantee. Grant of annuity for a term determinable on three lives, by way of limitation of uses under a power contained in a conveyance to uses to bar dower ; power of entry (and distress and entry) declaration of trust for sale or mort- gage if annuity in arrear, to pay arrears and expenses ; and farther, if annuity in arrear six months, trust for sale; investment of the produce, payment of the annuity, &c. ; annuity also secured by bond and warrant of attorney to confess judgment ; clauses for the appoint- ment of new trustees, &c. ; grantor and his trustee to grantee, and two trustees who are also releases to uses. Grant of annuity for the life of the grantor, charged on a rectory, and demise of same rectory for a term, if grantor shall so long live ; appointment of a receiver of rents, tithes, &c., &c., with all usual powers, clauses, &c. ; warrant of attorney to confess judgment as farther security. Grant of annuity for a term if the grantor shall so long live, and demise of a rectory to the grantee for securing the same ; trusts for receipt of tithes, rents, &c. ; for payment of annuity and expenses ; power to appoint receiver at salary, &c. ; covenants by grantor not to accept other preferment without consent of grantee, and that other preferment shall be security for the annuity ; warrant of attorney of even date, as a farther security {short form). Conveyance by appointment and release of estates upon trust, to secure three life annuities, granted by deeds of even date, the same to be paid to the grantees without priority. Assignment of certain sums of money secured by policies of assurance, and of a life interest in money, upon the like trust ;— power of sale of the reality, in the event of the annuities being in arrear — and trusts for the investment of the personalty ; appointment of receiver, &c., &c., &c. Grant of an annuity to a grantee for his own life charged upon freehold lands of the grantor, with powers of distress and entry for securing the same. Limitation of a term of years for further securing the annuity. Deed for securing an annuity for a term of years determinable on the life of the grantor, by demise 2 Bone, 1. 45. 78. 105. 120. 131. 5 Dav. 576. Digitized by Microsoft® ANNUITIES. 17 25 26 27 28 29 30 31 32 33 34 35 36 37 of two several estates for terms determinable on different events. Warrant of attorney and defeazance. Covenant by the grantee as to the repurchase of the annuity. Grant of an annuity for the life of the grantor, secured on freeholds {General Precedent). Grant of an annuity for the life of the grantee secured on Copyhold. Grant of annuity for the grantee's life, by demise of free- holds and covenant to surrender copyholds to trustees ; upon trusts for sale, mortgage, &c., and farther secured by bond. The consideration being a conveyance and surrender of the fee of the same estates. Grant at common lavr of annuity for years, if the grantor or nominees should so long live ; or for the life of the grantee ; powers of distress and entry, and release in fee, or by vcay of use. Trusts for sale, &c. ; covenants to surrender copyholds ; power to cut timber ; declara- tion that the judgment shall affect only the estates charged, and the person of grantor ; appointment of receiver ; or covenant by prior mortgagees not to lend further sums without grantee's consent ; and covenant by first mortgagee, for production of title deeds. Grant of annuity for a term of years if the grantor shall so long live, and covenant to surrender copyhold estate for life, to secure same ; grantor to grantee. Grant of annuity for the life of the grantor, secured by surrender of copyhold hereditaments previously made. Surrender of copyholds, subject to a condition to secure annuity, v^here the estate belongs to a married vroman, or to a customary tenant in fee, or for life, and where it is taken by the lord, or steward, or customary tenants, and is done in person or by attorney, with forms of exemplification on the court rolls of trusts for sale, &c. Conditional surrender of copyhold premises, upon trust, by sale or mortgage to secure the due payment of an annuity, payable during the life of the grantor. Yariation where there is a trust for the investment of moneys arising from such sale or mortgage. Deed granting an annuity for the lives and life of three persons and of the longest liver of them, and for securing the same on copyholds of inheritance. Grant of an annuity by a copyholder seised for an estate for life carved out of the inheritance. Ditto. Grant of an annuity for the grantee's life, secured by a previous surrender of copyhold premises; and on a warrant of attorney to confess judgment. Covenant by tenant for life to surrender copyholds to the use of grantee for 99 years; collaterally secured by bond and warrant of attorney ; usual covenants, &c. Defeaz- ance on judgment ; and clause for repurchase, with or without notice. 5 Dav. 581. 1 Crabb, 187. „ 202. 2 Jar. 338. „ 358. 2 Bone, 147. „ 152. 2 Jar. 443, 2 Hug. 477. 5 Dav. 592. 2 Scri. 885. 1 Crabb, 205. Kelly, 177. 2 Jar. 199. Digitized by Microsoft® ANNUITIES. 38 89 40 41 42 43 4-1 45 46 47 48 Coyenant to surrender copyholds in fee, conditioned to secured annuity for the lives of nominees ; collaterally secured by bond and warrant of attorney; trusts for sale, and investment of purchase monies ; defeazance on judgment ; proviso for repurchase. Covenant to pay anntiity, secured by previous surrender of copyholds ; bond and warrant of attorney. Covenant by grantor of annuity for lives of nominees, that he and his wife will surrender her copyholds in fee, upon trust for sale, &c. Grant of annuity for years, if nominees should so long live; charged on freeholds and leaseholds; by demise to a trustee ; powers to demise, mortgage, sell, &c. ; cove- nant to insure against fire ; power to repurchase ; defeazance on judgment; assignment of term to a trustee to attend. Grant of an annuity for the grantor's life, charged on free- holds and leaseholds, with power to repurchase. Grant of an annuity for the grantee's life, charged on free- holds and leaseholds, with power to repurchase. Grant of an annuity, for the lives of three nominees of the grantee, charged on freehold and leasehold premises, with the usual powers, provisoes, covenants, etc. Grant by assignment of three annuities to a trustee ; the first being settled for separate use of grantor's wife, she appoints the same under a power ; the second being settled on husband and wife ; and the last being payable to the wife if she survive her husband, they assign both; upon trust to pay off annuity £ previously granted ; and then to pay the annuity now granted during wife's life ; defeazance to warrant of attorney; husband and wife may repurchase annuity, or any part not less than a fifteenth, at a fixed sum. Grant of additional annuity for the lives of nominees, by indorsement ; charged on leaseholds thereby assigned to trustees ; additional power of distress ; covenants for insurance against fire ; judgment to be of a security for additional annuity ; power to repurchase. Grant of annuity charged on leaseholds ; power of distress by mortgagee who is paid off, and grantor ; assignment by mortgagee and grantor to trustees, on trusts, to secure annuity out of the rents, or by demise or sale ; covenant by the grantor to enter into covenants for title with purchasers and mortgagees ; to covenant to pay mortgage money and interest ; to give a power of sale to mortgagees ; to join in sales, etc., to pay rent and perform covenants in lease ; to indemnify trustees, to insure against fire ; defeazance on judgment : power to repurchase ; power to appoint new trustees. (Varia- tion where a sum of money is deposited in the hands of trustees to pay a subsisting mortgage debt). Grant of two annuities to two persons for the grantor's life, charged on leaseholds demised by separate leases ; assignment to trustee, trusts for sale or mortgage, 2 Jar. 207. „ 219. „ 228. „ 348. Prior, 135. „ 137. Kelly, 162. 2 Jar. 302. „ 235. „ 270. Digitized by Microsoft® ANNUITIES. 19 power to repair, and insure ; annuities to be paid with- out priority : defeazance, etc., on two judgments : power to repurchase. 49 Grant of an annuity by lessee for years determinable on lives ; or by tenant for life ; underlease. 50 Grant of an annuity charged upon leasehold premises, for the lives of two nominees. 51 Grant of an annuity chargeable upon lands by way of demise to a trustee for the life of the grantor, secured also by bond and warrant of attorney. 52 Grant of an annuity secured by a demise of leasehold premises, and assignment of other leasehold premises, the former of which were held by the grantors as lessees tenants in common, and the latter by executors in trust for grantors as tenants in common, under a bequest in a will ; grantors to certain trustees of an annuity oflBce, (for four lives and the survivor) upon trusts for sale and lay out the money in stocks, and out of the divi- dends to pay annuity and expenses, and surplus to grantor ; covenant to insure premises and appointment of a receiver. 53 Demise of a leasehold estate as a collateral security for the payment of an annuity for lives. 54 Grant of a pefsonal annuity, in which sureties join; defeazance on judgment ; and power to repurchase. 55 Grant of an annuity for the joint lives of the grantor and grantee, secured by assignment of a life interest in stock. 56 Grant of an annuity payable during the life of the grantor, secured upon his"life interest in stock in the funds, which is assigned to a trustee with power of attorney and usual covenants. 57 Grant of annuity secured by an assignment of a life interest in money in the funds, and by a demise of hereditaments to a trustee upon certain trusts, as well as by bonds and warrants of attorney of even date ; covenant to appear at insurance oflB.ce; grantor and surety to grantee and trustee. 58 Grant of annuity secured by an assignment of a life interest in the dividends of stock, and by a warrant of attorney to confess judgment ; covenant to appear at an insurance oflBce (short form). 59 Grant of annuity and assignment of dividends, and warrant of attorney to secure same : grantor to two grantees as tenants in common, and clause for repur- chase or transfer of stock in equal portions to the grantees (short form). 60 Grant of annuity of £10, and assignment of policy of assurance to secure payment of same (very short). 61 Grant of annuity secured by the assignment of the interest of certain sums of money to which the grantor is entitled for life under a will ; the testator had directed his personal estate to be laid out in land, and gave the rents and profits of the same to the grantor for life, and 2 Jar. 288. „ 370. 1 Jones, 290. 305. 2 Bone, 25. 1 Crabb, 213. 2 Jar. 231. 2 Prid. 611. 2 Hug. 463. 2 Bone, 11. 58. „ 68. „ 7L 2 Digitized by Microsoft® 20 ANNUITIES. interest of the same to him till the money should be laid out ; grantor covenants to charge the annuity on the lands when bought, and on dividends on the stock if the money should be invested in stock, and to enter into all proper covenants, &c., &c., for securing the annuity. 62 Deed granting an annuity for the joint lives of a man and his v?ife and the life of the survivor, and securing the same upon the dividends of stock ; with a provision for repurchasing by replacing a sum of stock sold out by the grantee. 63 Grant of a personal annuity for the life of the grantor, in which two other parties join as sureties, with a covenant for payment by the three ; defeazance on judgment ; and power to repurchase. 64 Grant by principal and surety of an annuity for the lives of the grantee, and three of his nominees, secured on a reversion of trust monies, and by warrant of attorney. Covenant by the grantor to insure the life of the survivor of the grantee and nominees ; and power to repurchase. 65 Form of annuity deed for securing an annuity, in con- sideration of resigning the business of a surgeon and apothecary, collaterally secured by a bond. 66 Grant of an annuity, secured by an assignment of dividends of stock. * 67 Grant of an annuity for life of purchaser, and secured by demise of freehold. 68 The like for life of grantor secured on freeholds in which he has a life estate. 69 Grant of an annuity. 70 Covenant to pay annuity collaterally secured by bond, in consideration of resigning a business. 71 Covenant to pay annuity for grantor's life, collaterally secured by bond; to appear at insurance oflB.ce, &c.; defeazance on judgment. 72 Grant of an annuity for the life of the grantor secured by his covenant, accompanied by his bond and warrant of attorney, with power to repurchase at the end of two years. 73 Grant of an annuity for the life of a third person, secured by an assignment of stock to trustees. 74 Covenant to pay an annuity, with an assignment of life interest in stock, standing in the names of trustees (concise form). 75 Bond to secure annuity for grantor's life ; repurchasable or not. 76 Bond to secure annuity for life of the survivor of nominees, with or without warrant of attorney, repurchasable by one payment or by instalments. 77 Bond to secure annuity for life, with surety ; repurchasable by the grantor or surety. 78 Bond to secure annuity for the obligor's life, to two, as. tenants in common, repurchasable or not. 2 Bone, 96. 5 Dav. 597. Kelly, 133. „ 139. „ 150. „ 154. 1 Eouse, 478. „ 482. Hayes, 708. 2 Jar. 194. „ 196. 2 Hug. 445. 1 Jones, 315. 1 Crabb, 217. 2 Jar. 173. „ 175. „ 178. „ 181. Digitized by Microsoft® ANNUITIES. 21 79 Bond to secure annuity, in consideration of relinquishing a business. 80 Bond to secure annuity, in consideration of freeholds and copyholds. 81 Bond to secure annuity, collaterally secured by a grant and demise, and warrant of attorney, repurchasable after three years. 82 Bond to secure annuity, collaterally secured by covenants and warrant of attorney by sureties, repurchasable by the grantor or sureties. 83 Bond to secure annuity during the life of the survivor of two ; collaterally secured by bond, warrant of attorney, and indenture, and repurchasable on replacing stock. 84 Bond to secure an annuity for the grantor's (or grantee's) life. 85 Bond to secure an annuity during the successive lives of the grantee and his wife. 86 Ditto. 87 Bond to secure a repurchasable annuity during the life of the grantee. 88 Grant of a personal annuity, secured by a bond and war- rant of attorney, and covenant to appear at an insurance oflfice ; grantor to grantee (most general form of a per- sonal annuity). 89 Bond for securing an annuity on grantor's life. 90 Bond for the due payment of an annuity, secured by deed of even date ; grantor and surety to grantee. 91 Bond for securing an annuity to a man for life, and then to his wife for life, if she survive him, with provision for the repurchase of the annuity. 92 Bond by two persons entering upon a business, to secure an annuity to the person retiring. 93 Common form of annuity bond. 94 Ditto. 95 Ditto (general precedent). 96 Ditto. 97 Ditto. 98 Ditto. 99 Bond to secure the repayment of a redeemable annuity. 100 Form of bond for securing an annuity for the grantor's life, either where it is, or where it is not, repurchasable. 101 Bond for securing the payment of an annuity to a man and his wife for their lives. 102 Bond to a trustee for securing annuity to a married woman, purchased with her separate estate. 103 Bond by a father for payment of a life annuity to his son on his marriage. 104 Bond to secure the payment of an annuity to a former mistress. 105 Bond for securing an annuity granted by a former bond which has been lost. 106 Charge upon premises already charged with an annuity by and to the same grantor and grantee (vrith variations). 2 Jar. 183. )j 184. )j 186. M 188. 5J 192. Prior, 133. „ 183. 1 Jones, 194 Prior, 134. 2 Bone, 63. „ 173. „ 176. 5 Dav. 607. „ 609. 4 Chit. 246. Ship. 323. 1 Crabb, 507. 2 Prid. 509. Bird, 6. Hurls. 150. 2 Hug. 412. Kelly, 123. 1 Crabb, 511. „ 538. 5 Dav. 751. 1 Crabb, 185. „ 512. 2 Wilde, 249. Digitized by Microsoft® 22 ANNUITIES. 107 Charge (farther) by indorsement on the first grant (with variations). 108 A charge of an annuity upon premises by way of col- lateral security, so as to avoid a forfeiture for alienation under a devise ; also provision for an accumulation fund to keep down arrears. 109 Ee-grant of an annuity from the grantee to the grantor, and surrender of a term of 99 years, determinable on the grantor's life. 110 Ee-grant of an annuity and re-conveyance (by indorse- ment) on a deed of grant and conveyance, which had become void for want of a memorial, pursuant to the . statute of the 17th of Geo. III. 111 Eelease (by indorsement) of an annuity, and surrender of the term to merge. 112 Eelease and re-conveyance of an annuity on a re-purchase ; and assignment of the term for securing the same, to the intent that it may merge. 113 Eelease of an annuity on a re-purchase. 114 Ditto. 115 Eelease (on sale) of an annuity, charged on freehold and copyhold lands. 116 Eelease of an annuity, and a grant or substitution of another annuity in its place. 117 Eelease of an annuity upon the re-purchase thereof, surrender of a term of years in freeholds and re-assign- ment of leaseholds which had been respectively demised and assigned for securing the annuity. 118 Eelease of annuity on re-purchase and assignment of term to merge ; where the re-purchase money is paid at the time, or has been previously paid ; or, assignment to keep annuity and term on foot, in trust for grantor ; or, assignment of part of the lands demised, and assign- ment of the judgment to enable the grantor to sell part of his lands ; or, re-assignment of leaseholds, or re- conveyance of freeholds. 119 Clause for re-purchase of a portion of an annuity. 120 Assignment of an annuity. 121 Ditto, by indorsement. 122 Ditto, secured by covenant and bond. 123 Assignment of an annuity charged on lands, and bond ; and of term to a new trustee ; or declaration of trust ; with or without the grantor joining. 124 Assignment of annuity for lives, (secured by bond, warrant of attorney, judgment, and covenant to surrender copy- holds, subject to re-purchase) by the gi-antee, or by Ms executors or administrators, or by legatees, or next of kin, with assent ; and where the copyholds either have not been surrendered, or have been surrendered, and the grantee admitted. 125 Assignment of an annuity charged on lands, to trus- tees upon the trusts of a marriage settlement, and assignment of a policy of assurance, and benefit of 2 Wilde, 254, „ 257. 2 Hug. 482. Bird, 389. „ 139. Kelly, 194. 1 Orabb, 229. 2 Bone, 164. „ 167. Bird, 212. 5 Dav. 610. 2 Jar. 437. 2 Bone, 172. 1 Crabb, 222. 353. 2 Jar. 123. 126. „ 133. Digitized by Microsoft® ANNUITIES. 23 covenant for payment of extra insurance upon the like trusts. 126 Assignment of an annuity to trustees for the purpose of exonerating part of the estates charged therewith. 127 Assignment of annuity charged on grantor's life interest in stock ; and of bond, warrant of attorney, and judg- ment on which execution has been entered up, and either with or without a policy of life insurance ; and assignment to a new trustee, or declaration of trust. 128 Assignment with the consent of administratrix de bonis non, and her husband, of a tontine annuity, for the life of the vendor's wife, payable by trustees out of an estate in Ireland. 129 Assignment of annuity, charged upon the interest of stock, and upon a reversion in fee, and a policy of life insurance, for the benefit of an infant child of the grantor, out of whose money the same had been paid off, on trusts declared by deed of even date. 130 Assignment of an annuity charged on dividends, and secured by a bond and warrant of attorney (short form). 131 Assignment of an annuity, judgment, and policy of insurance to a purchaser. 132 Assignment of annuity, bond, warrant of attorney, judg- ment, and term, on a repurchase, to separate trustees, in trust for the grantor ; by indorsement, or by ■another deed. 133 Assignment of an annuity term to merge as to part of the lands ; and assignment of judgment to a trustee, to enable the grantor to sell the whole of his lands not remaining subject to the annuity. 134 Assignment of an annuity given by the will of a gentle- man to his son, who sold it to three sisters condi- tionally, who concurred in disposing of it absolutely to a gentleman from whom the present assignment is made. 135 Assignment of an annuity to a purchaser, and two others who had purchased shares of him. This pre- cedent contains an assignment of a term, and also of a judgment, and an indemnification against portions. 136 Assignment of an annuity by a wife to executors for discharging her husband's debt to the testator. 137 Assignment of Exchequer annuities. 138 Warrant of attorney to confess judgment in any of the Courts of Westminster, or in Ireland, with or without a bond; and with or without a surety; and defeazance to a warrant of attorney for securing an annuity, with power on default in payment to take out execution for the arrears, or for the whole debt confessed, and after paying the arrears to invest the residue of the money levied, to answer for the future payments of the annuity. 139 Warrant of attorney to confess judgment by a surety. 2 Bone, 155. 1 Crabb, 227. 2 Jar. 146. „ 152. „ 157. 2 Bone, 162. Kelly, 185. 2 Jar. 163. „ 168. Bird, 98. „ 115. 1 Crabb, 350. „ 355. 2 Jar. 449. Digitized by Microsoft® 24 APARTMENTS. 140 141 142 143 •144 145 146 147 148 149 150 151 152 153 154 155 156 for payment of an annuity granted [by a clergyman] to trustees for an insurance company, with a defea- zance by reference to the defeazance contained in the grant, and herein recited. Warrant of attorney to confess judgment for securing an annuity with defeazance. Ditto. Ditto. "Warrant of attorney to confess judgment as a collateral security for an annuity. Ditto. Form of a warrant of attorney, from two grantors to a grantee, for securing the due payment of an annuity of £80, during the lires of four nominees of the grantee, and the lives and life of the survivors and survivor. Warrant of attorney to acknowledge satisfaction on a judgment for securing an annuity on a repurchase or determination of the annuity. Warrant to vacate a conditional surrender of copyholds for securing an annuity, which has been repurchased, or has determined, where the grantee cannot con- veniently attend in court, or before the lord or steward. Ditto. Satisfaction piece taken by the lord or steward, and indorsed on a conditional surrender of copyholds for securing an annuity. Ditto. Warrant of attorney to acknowledge satisfaction on a judgment for securing an annuity on a repurchase, or on the determination of the annuity. Ditto. Ditto. Warrant to enter satisfaction in the Inrolment OflBce, on the determination of an annuity. Warrant to enter satisfaction in the Inrolment Ofi&ce, either by the grantee, or his executors, or adminis- trators, on a repurchase, or on the determination of an annuity. Ditto. 157 Deed of defeazance. 158 Defeazance on a warrant of attorney given for the pay- ment of an annuity. 159 Ditto. 160 Ditto. Apportionment of an annuity, see Apportionment, post. Eelease of annuity, see also Eeleases, post. APARTMENTS {see Contracts for Letting and Leases, post). 2 Jar. 459. 2 Bone, 179. 3 Wilde, 820. 2 Hug. 418. 5 Dav. 603. Hayes, 710. Kelly, 127. 3 Wilde, 829. Kelly, 180. 2 Jar. 465. „ 466. Kelly, 181. „ 197. 2 Jar. 463. 2 Hug. 424. 3 Wilde, 830. 2 Jar. 464. Kelly, 199. Hayes, 712. 3 Wilde, 823. Kelly, 129. Ship. 713. Digitized by Microsoft® APPOINTMENTS. 25 APPOINTMENTS. 1 Appointment of an agent for the management of the affairs of a principal going abroad. 2 Appointment by the ordinary, &c., of an agent or nominee, to carry into execution contracts made by virtue of the Parochial Eesident Act. 3 Appointment of a steward of a manor or manors ; variation where it is a land steward. 4 Deputation of a land steward for general superintendence and receiving rents of an estate. 5 Appointment of a steward of a manor, or manors. 6 Grant of the stewardship of courts of several manors, in some of which the person appointing is solely seised, and in others, of undivided parts. 7 A deputation to keep courts, &c. 8 A deputation from a chief steward to hold courts. 9 General appointment by devisees in trust, of a solicitor to the offices of steward, gamekeeper, receiver and manager ' of very considerable estates ; with authority to sell timber, to contract for granting leases, and to contract with the lessors of the leasehold part of the premises for renewals; and power to appoint deputy stewards, receivers, bailiffs, agents, surveyors or attor- nies ; the monies the steward shall receive to be applied in paying himself a poundage, law charges as attorney of the trustees, and for surveying, &c., in paying salaries, &c., to deputy steward, &c., in paying annuities, charged on the estates ; in paying expenses of repairs ; and to account for and pay the residue to the trustees. 10 Appointment of a steward of large landed estates. 11 Appointment to the stewardship of a customary Court Baron ; with the powers created by the Act 4 & 5 Vict. c. 35. 12 Ditto. 13 Appointment of a deputy-steward. 14 Appointment of a deputy-steward of manors, with a reddendum 15 Appointment of a deputy-steward, for the special purpose of admitting an heir, and taking a surrender by way of mortgage ; or for taking a surrender from husband and wife to a purchaser. 16 Appointment of a steward of a manor. 17 Ditto. 18 A general appointment of an under steward. 19 Ditto. 20 Deputation to take a surrender out of court from C. D. and his wife of lands belonging to the wife. 21 Ditto. 22 General deputation from a steward to a deputy. 23 Special deputation to admit an heir-at-law, and afterwards to take a conditional surrender. 1 Wilde, 235. 239. 349. 2 Wilde, 454. 2 Jar. 611. „ 613. 1 Jones, 256. 256. 2 Jar. 618. 2 Prid. 634. 1 Crabb, 275. 2 Scri. 831. 2 Jar. 615. „ 616. „ 617. 1 Crabb, 274. Moore, 122. 1 Crabb, 276. 2 Scri. 832. „ 832. 1 Crabb, 277. 2 Crabb, 908. „ 909. Digitized by Microsoft® 26 APPOINTMENTS. 24 Another to admit a tenant of a copyliold for life on the death of the first life, and putting in a fresh life. 25 Appointment of a deputy-steward of a manor for executing the general office of steward. 26 Appointment of a deputy-steward of a manor to take a surrender of, or admission to copyholds 27 Appointment of a gamekeeper for the preservation of game, &c. (Variations where for the preservation of fish). 28 Appointment of gamekeepers. 29 Appointment of a gamekeeper. 30 Ditto. 31 Ditto. 32 Ditto. 33 Ditto. 34 Ditto, in Wales. 35 Deputation of gamekeeper to kiU game for the use of him- self, or of A. B. 36 Appointment by the owner or occupier of a fishery, of a person to seize nets, &c. 37 Lease of manors for the purpose of enabling the lessee to depute gamekeepers. 38 Appointment of a guardian by an infant. 39 Ditto. 40 Ditto. 41 Ditto. 42 Ditto. 43 Ditto. 44 Ditto, a short form. 45 Appointment by infants of their own guardians. 46 Appointment of guardians by several infants with subse- quent ratification. 47 Appointment of guardian by father. 48 Ditto (after his decease). 49 Ditto. 50 Appointment of a protector of a settlement under a will, in lieu of one of three protectors appointed by the will, who relinquishes his office by the same deed : variations adapted to the case of a protector's relin- quishing his office by a separate deed, or of a vacancy happening by death. 51 Appointment of protector under the statute 3 & 4 Will. IV. c. 74, and power to supply vacancies in the office, (In this case the settlement was to two tenants for life in succession, with remainders in strict settle- ment). 52 Eelinquishment of the ofiice of protector and appoint- ment of another in his place, under the power contained in the last form. 53 Eelinquishment of an protectorship and appointment of a new protector. 2 Crabb, 910. 1 Wilde, 302. „ 303. „ 307. Green, 150. 1 Jones, 255. Moore, 123. 2 Jar. 547. 1 Crabb, 267. Ship. 253. 2 Jar. 556. „ 555. „ 557. „ 557. 1 Wilde, 309. 2 Jar. 559. 2 Prid. 643. 1 Crabb, 269. Ship. 249. 1 Jones, 55. 2 Jar. 571. 5 Dav. 1077. 2 Jar. 572. 1 Crabb, 269. Ship. 250. 1 Jones, 54. 2 Jar. 624. Shel. R. P. 746. 747. 2 Crabb, 938. Digitized by Microsoft® APPOINTMENT (POWERS OF). 27 54 Appointment of an executor in the room of a co-executor deceased, pursuant to the directions of a will. 55 Appointment of a surveyor, with a salary under the General Highway Act. 56 Appointment of surveyor by justices under the same Act. 57 Appointment of an attorney for admission to copyhold premises. 58 Appointment of an attorney to collect debts. 59 Appointment of an attorney to execute a conveyance of an estate to a purchaser (with variations). 60 Appointment of an attorney by a creditor to vote in choice of assignees (with variations). 61 Appointment of an under-sheriff by the sheriff of a county or city. 62 A nomination or appointment of a chaplain by a nobleman. (Yariation where it is by a bishop). 63 A nomination or appointment of a domestic chaplain by a nobleman. (Variation where it is by a bishop). 64 Ditto. 65 Appointment of a chaplain. 66 Ditto. 67 Appointment of a chaplain by a bishop. 68 A nomination of a clergyman by the bishop (as a referee) to settle the proportion of principal and interest of mortgage money between a late and a present incumbent. 69 Nomination to the office of lecturer in a parish church. 70 Appointment of a parish clerk. 71 Ditto. 72 Deputation of the clerk of the peace by the custos rotu- lorum of the county (usual form). 73 Deputation of a gaoler by the sheriff. Appointment of arbitrators, see Arbitration, post. Appointment of attorney, see Power of Attorney, post. Appointment of agent, see Principai; and Agent, post. Appointment of receiver, see Eecbiter, post. Appointment of new trustee, see Trustees, post. APPOINTMENT (POWERS OF). 1 Appointment by indorsement. 2 Ditto, by iadependent deed, with proviso avoiding the appointment. 3 Appointment in fee of part of the premises included in a power, subject to life estates of appointor and wife. 4 Appointment by a widow, under a power, of a moiety of a moiety in an equitable estate in lands, to one child in fee ; and of the remaining moiety to the other five children in common in fee ; subject to appointor's life estate ; power of general or partial revocation. 5 Appointment of a freehold estate by a husband and wife, to a child, under a power in a marriage settlement. Variations where the appointment is by the survivor 1 Wilde, 305. Wool. W. 571. „ 572. 1 Wilde, 252. „ 254. „ 260. „ 297. „ 386. 2 WUde, 240. 3 Wilde, 1. 5 Dav. 1023. 1 Crabb, 265. Ship. 251. 1 Crabb, 266. 3 Wilde, 4. 5 Dav. 1022. 1 Crabb, 266. Ship. 252. 2 Wilde, 449. „ 451. Dav. Con. 327. 328. 2 Jar. 513. „ 514. Digitized by Microsoft® 28 APPOINTMENT (POWERS OF). 10 11 12 13 14 15 16 17 19 20 of the husband and wife — where the appointment is to several children — where there is a revocation of a prior appointment. Appointment before marriage by the tenant for life (under a marriage settlement of real estate) of portions to the children of a second marriage. Appointment after marriage by the tenant for life (under a marriage settlement of real estate) of portions to the children of a second marriage. Appointment by the tenant for life (under a marriage settlement of real estate) of a sum to be raised in advancement of a child's portion. Appointment by the tenant for life (under a marriage settlement of real estate) of a sum to be raised in advancement of the portion of a child of a second marriage. Appointment by the tenant for life (under a will of real estate) of portions to his children. Appointment by the tenant for life in possession (under a will of real estate) of a sum in advancement of two children's portions. Appointment of a freehold estate to children to be indorsed on a deed of release. Appointment of freehold and copyhold estates under a power in a settlement, with power of revocation where the legal estate is vested in the trustee. Appointment, under exclusive power, of copyholds to five children in common in fee ; variations where an appointment having been made to three by their consent, a new appointment is made to the five. Appointment of leaseholds, by husband and wife, under an inclusive power, to three children, to take effect after the deaths of the parents, in unequal shares ; assign- ment by the administratrix with the will annexed of the surviving trustee, and her husband, to two new trustees. Appointment by a father and son, under a joint power ; that on son's death, and failure of his issue male in the father's lifetime, the lands shall (subject to any joint appointment) be, to such uses as the father, surviving the son, shall appoint. Appointment of a portion for a daughter, where there has or has not been a previous appointment ; authority to the surviving trustee of the term, to raise the portion by mortgage forthwith ; provisoes as to further appointments, &c. Appointment of freehold lands by a father to one of his sons in fee, under a power reserved to him by his marriage settlement. Appointment of freehold property in favour of children in . unequal proportions. Variation where the appointor reserves to himself a power of revocation. Appointment of real estate by a father under a power in his marriage settlement to one of his song in fee. 1 Wilde, 330. Prior, 192. „ 193. „ 194. „ 194. „ 195. „ 196. 1 Crabb, 235. „ 237. 2 Jar. 517. 521. 526. „ 530. 3 Hug. 122. „ 124. Hayes, 592. Digitized by Microsoft® APPOINTMENT (POWERS OF). 29 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Absolute appointment of trust estate under a settlement. Appointment and disposition by a married woman. Ditto (of money). Appointment and disposition of lands by a married woman on a probable defect of issue. Appointment by a mother in favour of her son under a power in an Act of Parliament. Appointment by deed by husband and wife (under a personal settlement) of the whole trust property among all children, in unequal shares. Appointment by deed (by husband surviving) under a personal settlement of the whole trust property equally among all children but one, reserving a power of appointment. Appointment by a husband of lands after the death of himself and his wife, to the use of all their children (except their eldest son), as tenants in common in tail general with cross remainders, remainder to the eldest son in tail, remainder to the father in fee ; with a proviso in case of a younger son becoming the eldest alive (by indorsement). Appointment by deed by a married woman (under a power in a will) of the whole trust property among all children, giving specific parts of the property to the respective children. Appointment by deed (by wife surviving) under a marriage settlement (or will) of part of the trust property. Appointment of a portion in favour of a younger child, in exercise of a power of raising portions limited by a marriage settlement. Appointment by a wife to a husband of all her real and personal estate, under a power limited to her by her marriage settlement. Variation where the settlement consists of, and the appointment is made of, stock in the funds. Appointment by husband and wife of trust funds for the benefit of their four children in equal shares, with power to revoke the appointment of three of the shares. Appointment by parents under a power in their marriage settlement among their children equally, some of such children being of age and some under age, with power of revocation, except as to the share of a son about to marry. Appointment by wife as survivor, of a sum of stock, subject to the trusts of her marriage settlement, in favour of her two children absolutely. Ditto. Appointment of a portion in exercise of a power contained in a marriage settlement. Appointment by the joint donees of a power contemplating specific objects, to a child in fee. Appointment by a married woman to her husband, of one- third of the money arising from the sale of shipping H. L. r. 147. 1 Crabb, 243. 1 Jones, 52. „ 53. 1 Crabb, 245. Prior, 190. „ 191. 1 Jones, 56. Prior, 191. „ 192. 3 Hug. 126. „ 129. Hayes, 577. 2 Prid. 623. „ 617. C. 191. 1 Crabb, 246. 2 Hay. Intr. 74. Digitized by Microsoft® 30 APPOINTMENT (POWERS OF). and fire shares ; and release by the husband and persons entitled to the remaining two-thirds, to the surviving trustee and the representatives of the deceased trustee, of all demands in relation to the trusts. 40 Appointment by husband and wife, of money among seven children, unequally, some being married, others infants ; provisoes as to vesting, survivorship, &c. tl Appointment of stock amongst younger children equally, subject to life interest of appointor and wife, with provisoes as to partial survivorship ; power of revocation. 42 Appointment by a feme covert of bank annuities in pursuance of a marriage settlement. 43 Appointment, by a feme covert, of stock in the funds, in pursuance of a power of appointment. 44 Appointment of money in the funds, by husband and wife to their children, under a power contained in marriage settlement. (Variations where the appointment is by survivor of husband and wife.) 45 Appointment of £10,000 bank stock, subject to the life interest of the appointor. 46 Appointment of £5,000 amongst children, in pursuance of a power contained in a marriage settlement. 47 Appointment of £5,000 amongst children, in exercise of a power contained in a marriage settlement, the fund being appointed ia unequal proport.ions. 48 Appoiiitment of a portion for a daughter, under a power in a marriage settlement. 49 Appointment of a portion under a power contained in a will in favour of a daughter who is about to be married. 50 Appointment and disposition of money by a married woman. 51 Appointment under a power in a settlement by a married woman to her children of stock in the funds, in certain proportions (indorsed on the settlement). 52 Appointment by a married woman of a sum of stock, the purchase-money being paid to a trustee for her benefit. 53 Appointment by a married woman under a general power, the purchase-money being paid to the husband, who covenants for title. (Variation where the purchase- money is paid to a trustee as the separate property of the wife.) 54 Appointment in pursuance of a power to trustees for a term for raising portions for younger children. 55 Appointment of an annuity and portion by a father in favour of his daughter on her intended marriage. 56 Assignment of the annuity and the sum of £ in pursuance of the preceding deed and upon the trust declared by that deed. 57 Appointment on marriage of a present sum to the appointor, and a present sum and life estate to an intended husband, reserving a power of new appoint- ment to the husband and wife. 58 Appointment on marriage of a reversionary life estate in personalty to an intended husband. 2 Jar. 535. „ 539. „ 542. 1 Wilde, 322. Ship. 247. 1 Wilde, 324. Hayes, 575. 3 Hug. 132. „ 135. Sweet, 27. 3 Hug. 138. 1 Orabb, 249. 1 Jones, 57. 1 Prid. 363. 9 Jar. 441. 1 Crabb, 249. „ 254. „ 264. Prior, 186. „ 187. Digitized by Microsoft® APPOINTMENT (POWERS OF). 31 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Appointment on marriage of a reversionary life estate in personalty to an intended wife. Appointment of a jointure before marriage in bar of dower. Appointment of a jointure, and term, before or after marriage, under a power. Appointment of a jointure by virtue of a power under a will. Appointment by deed (either before or after marriage) of a jointure rentcharge to an after taken wife. Appointment by deed (before or after marriage) by tenant for life in possession under a will, of a jointure rent- charge to a wife. Appointment of a rent-charge out of freehold land, by way of a jointure, in pursuance of a power contained in a marriage settlement or will. Variations where a term of years is raised for the purpose of securing the payment. Appointment of lands by way of jointure after marriage, in pursuance of a covenant contained in a marriage settlement. Appointment of a jointure in exercise of a power limited by a will, with powers of distress and entry, and limitation of a term of years to trustees, as a further security. Appointment (under a power reserved for the purpose of enabling vendor to sell free from dower) to vendee, in such a manner as to enable him to sell free from dower. Appointment of the sole donees of a general power, to uses to prevent dower in favour of a purchaser. Deed of appointment upon the birth of the first tenant in tail under a family settlement, reducing his estate to a life estate with remainders to his first and other sons in tail. Appointment of money under a power and surrender of two-sixths' parts thereof with power to revoke the appointment made as to one-sixth part Deed of revocation and new appointment for the purpose of appointing two new trustees of the original settle- ment, and giving one of the donees of the power a right to charge the property with a given sum and interest. Direction by the survivor of husband and wife, in pursuance of a power contained in a settlement, that part of a sum directed to be raised for younger children's portions after the decease of the survivor of husband and wife, shaE be raised immediately. Direction under a power in a will, that the trustees should convey such a part of the lands devised, as should be of the yearly value of £150, clear of all deductions, so that an intended wife should, in case the marriage took effect, and she survived her husband and two other persons, yearly receive the £150. Appointments on marriage, see Settlements, post. Prior, 188. 1 Jones, 60. 2 Jar. 505. 1 Crabb, 241. Prior, 188. „ 189. 1 Wilde, 311. „ 318. 3 Hug. 116. Bird, 181. 2 Hay. Intr. 77. 3 Dav. 1162. Green, 151. 2 Prid. 659. 5 Dav. 1043. 3 Jar. 696. Digitized by Microsoft® 32 APPRENTICESHIP DEEDS and ARTICLES OF CLERKSHIP. APPORTIONMENT. 1 Agreement by a lessee witK Ms landlord for apportionment of the rents. 2 Agreement for the apportionment of rent between purchasers of leaseholds held under the same lease. 3 A deed of covenant for the apportionment of rent between purchasers of different parts of leasehold premises held under the same lease. 4 Demise of several messuages for the purpose of apportion- ing an entire rent reserved on a lease thereof among the persons who had severally become purchasers of the same messuages. 5 Apportionment of a ground rent between two purchasers of leasehold premises held under one lease, with cross mutual covenants by each with the other to pay his apportioned ground rent, and to perform the cove- nants of the lease, with cross powers of distress between them. 6 Mutual covenants by two purchasers of leasehold property, held under one lease for the apportionment of the rents ; with mutual powers of distress by way of indemnity. 7 Apportionment of ground-rents between two purchasers of leasehold premises held under one lease, with cross mutual covenants by each with the other to pay his apportioned ground rent, and to perform the cove- nants of the lease ; with cross powers of distress for the recovery of any sum of money which the one may be compelled to pay through the neglect or default of the other. 8 Apportionment of rent between two purchasers of dis- tinct premises held under one lease j by means of cross covenants by each with the other, to pay his apportioned ground-rent ; to pay increased rent for carrying on excepted trades, if occasioned by him ; to perform the covenants of the lease so far as they relate to the premises assigned to him ; for acquittal and indemnity ; with cross powers of distress for recovery of any sums which one may pay in respect of the rents and covenants agreed to be paid by the other. 9 Deed of apportionment of rent between two purchasers of premises held under one lease, with mutual powers of distress by way of indemnity. 10 Apportionment of an annuity. APPRENTICESHIP DEEDS and ARTICLES OF CLERKSHIP- 1 Articles of apprenticeship with a retail trader, the ap- prentice bound by his parent. (Variations where he binds himself). 1 Hug. 389. 1 Crabb, 288. 2 Wilde, 354. 5 Dav. 1028. 1 Hug. 385. „ 391. 566. 2 Jar. 628. 4 Jar. 202. 1 Crabb, 292. 1 Wilde, 399. Digitized by Microsoft® APPRENTICESHIP DEEDS and ARTICLES OF CLERKSHIP. 33 2 Articles of apprenticeship with an apothecary and surgeon. 3 Articles of apprenticeship with a chemist and druggist. 4 Ditto. 5 Articles of apprenticeship with an architect and surveyor, the apprentice binding himself. 6 An indenture of apprenticeship with a chimney-sweeper. 7 An indenture of apprenticeship with husbandman, farmer and grazier. 8 Indenture of apprenticeship with a manufacturer, the ap- prentice binding himself. 9 Indenture of apprenticeship with the master of a vessel, as seaman or mariner. 10 Indenture for the sea of a common sailor to serve in such ships as the master shall appoint. 1 1 Indenture of apprenticeship to the sea service. 12 Articles of apprenticeship with a merchant. 13 Articles of apprenticeship with a milliner and mantua or dressmaker. 1 i Indenture of apprenticeship with a schoolmistress, to qualify a pupil as a governess. 15 Indenture of apprenticeship to a merchant (with variations ' where a salary is to be paid to the apprentice ; and also providing for the determination of the apprenticeship, at the end of a fixed period of the term). 16 Indenture of apprenticeship to tradesmen, where the ap- prentice is to lodge in the house of one of his employers (with variations where a premium is paid with the ap- prentice, and where a stipulation is entered into for his medical attendance, medicines, and support by his father, and also where the event of the dissolution of the co-partnership concern of the employers is provided for). 1 7 Usual form of indenture of apprenticeship in trade between apprentice and his father and master. 18 Indentui-e of apprenticeship where the apprentice is put out by the parish. 19 Indenture of a parish apprentice; under 43 Eliz. c. 2, ss. 1, 5. 20 Indenture of apprenticeship. 21 Ditto (to a trade). 22 Ditto (special form). 23 Ditto. 24 Ditto. 25 Ditto. 26 Ditto. 27 Ditto. 28 Proviso to be inserted in indenture of apprenticeships if necessary. 29 Articles of clerkship to a notarj^ 30 Articles of clerkship to an attorney or solicitor. 31 Ditto. 32 Ditto. 33 Articles of clerkship between a conveyancer and an attorney. 1 Wilde, 406. 414. 4 Chit. 75. 1 Wilde, 410. „ 416. „ 419. „ 421. „ 426. 4 Chit. 76. 1 Crabb, 299. 1 Wilde, 429. „ 432. 436. Brooke, 339. „ 342. 4 Chit. 74. 1 Wilde, 434. 4 Chit. 77. H. L. F. 154. Ship. 257. „ 259. Wilk. 260. 1 Crabb, 296. 1 Jones, 35. Moore, 42. Green. 159. „ 160. Brooke, 200. 1 A¥ilde, 438. 1 Crabb, 302. Ship. 296. 1 Jones, 40. Digitized by Microsoft® 34 ARBITRATION. 34 An agreement by a merchant or tradesman with a person as a managing clerk. 1 Wilde, 95. 35 An agreement between a merchant or tradesman and a clerk as book-keeper and accountant. „ 98. 36 Assignment of articles of apprenticeship by a master (with variations). „ 443. 37 Ditto. 4 Chit. 81. 38 Ditto. 1 Crabb, 305 39 Ditto. Ship. 261. 40 Ditto. 1 Jones, 38. 41 An assignment of a parish apprentice, by indorsement (with yariations). 1 Wilde, 447. 42 Ditto. 4 Chit. 82. 43 Ditto, by separate instrument. „ 83. 44 Assignment of articles of clerkship. 1 Crabb, 306. 45 Ditto. Ship. 299. 46 Ditto (with variations). 1 Wilde, 457 47 Ditto (by indorsement). 1 Crabb, 357 48 Assignment of articles of clerkship to surviving partner. „ 355. 49 Afi&davit of execution of articles of clerkship. Brooke, 202. 50 Ditto. Ship. 301. 9 10 11 APPROBATION {see Confiemation, post). ARBITRAMENT {see A^YA■RBS, post). ARBITRATONI. Submissions. By Agreement. Submission by agreement. Ditto. Clauses in submissions. Concise form of agreement of reference. Ditto. Agreement of reference by executor as to liability of testator, and as to assets. Agreement of reference by executor, as to testator's liability, not as to assets. Agreement to refer questions relating to contract for sale of land. Ditto. Agreement on a purchase between the vendor, his son and grandson, and the purchaser, to refer to one arbitrator all disputes existing or which may arise before the last ten days preceding the arbitrator's first sitting. Agreement to refer disputes to the arbitration of persons named, and covenant to abide the award. Kuss. 705 1 Prid. 107 Russ. 707. „ 714. 1 Jones, 19. Russ. 714. „ 715. „ 716. 2 Day. 120. 2 Jar. 674. 1 Wilde, 211. Digitized by Microsoft® ARBITRATION. 35 Submissions — By Agmeement—coniinrnd. 12 Agreement to refer to arbitrator (concise form). 13 Ditto. 14 Ditto. 15 Ditto. 16 Ditto. 17 Agreement to refer disputes touching the construction of agreements. 18 Agreement to refer the terms of a dissolution of a partnership to two arbitrators and an umpire. 19 Submission in pursuance of a clause of reference con- tained in articles of co-partnership, or other preyious agreement. 20 Agreement of reference not under seal of all matters in difference. 2 1 Eeference from part-owners, and one on behalf of the master of |a ship, respecting damage, demanded for breach of charter-party. 22 Eeference between masters and part-owners and freighters of a ship. 23 Eeference between the masters of two ships, for themselves and the rest of the part-owners, about a prize. 24 Agreement to refer a cause in chancery to arbitration. 25 Eeference between part-owners, and one on the behalf of sailors, for wages. 26 Eeference between the assignees in a commission of bank- ruptcy, and the master of a ship that belonged to the bankrupt. 27 Submission by the master of a ship, and the owner of the cargo, as to the proportion each should bear of a ransom. 28 Submission of the claims of several parties under certain wills to three arbitrators. 29 Agreement to refer a disputed title. 30 Agreement of reference where no action brought. 31 Agreement of reference where action brought. 32 Submissions by six co-partners, of disputes between them and each of them to two arbitrators named, and a third to be appointed by the two. 33 Submission of disputes between landlord and tenant re- specting the cultivation of a farm. 34 Agreement to refer to three arbitrators matters of account between a creditor and two debtors, where the dealings were between the creditor and one of the debtors to a certain time, and then between the creditor and both debtors ; and where a balance is admitted to be due ; agreement to suspend an action, and a bill and cross bill in equity. 35 Special agreement to settle certain disputes between a Eailway Company and the owner of adjoining land. By Indentuke. 36 Submission by indenture. 37 Ditto. Wilk. 35. Bate. 354. Sweet, 25. 1 Crabb, 318. Ship. 241. Wilk. 36. „ 38. 4 Chit. 367. „ 366. „ 367. „ 368. „ 368. Ship. 242. 4 Chit. 368. „ 369. Wats. 419. „ 418. Hayes, 789. Green. 143. „ 144. Wats. 421. „ 423. 2 Jar. 676. Wats. 429. 1 Crabb, 320. Cald. 445. D 2 Digitized by Microsoft® 36 ARBITRATION. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 GO 61 62 6'd Submissions — By Indenture — continued. Submission by indenture. Ditto. Submission to arbitration by indenture, with mutual covenants to perform the award. Covenant by executors and legatees to abide by the award of three arbitrators, or any two of them, respecting the estate and effects of the testator, and other matters ; and adapted to the circumstances of a reference by partners, &c. in pursuance of a covenant in the articles of partnership, &c. Covenant by several with two, to abide by the award of three arbitrators, under a penalty. Clause to be added when the submission to be made a rule of court. By Bond. Common bond of arbitration. Ditto. Ditto. Ditto. Ditto. Submission by bond. Ditto. Condition of arbitration bond without recitals. Ditto. Ditto (special). Referring all differences between six partners. Bond upon the submission of disputes to arbitration to abide the award (variation where the submission is by an accompanying deed). Condition of an arbitration bond, with a clause of umpirage. Ditto. Bond upon the submission of disputes to arbitration, where there has been a deed of reference. Bond of submission to two arbitrators, where subject in dispute is recited. Condition of a bond for referring the accounts of executors to two arbitrators, and an umpire. Condition of an arbitration bond for settling the accounts of executors ; obligation to be from E, the executor of B, to D, widow of A, and to A, the sum of A and D in £2,000. Bond from one to two jointly and severally, to abide by the award of three arbitrators, or any two of them, or of their umpire. Bond from one to one, to abide by the aAvard of two arbitrators, or of the two arbitrators and a third person, to be chosen by them, or of any two of them ; to pro- duce all deeds, &c. ; suit in chancery to be dismissed ; obligee's costs in the suit to be settled by the arbitra- tors, as between attorney and client, and if they think fit, a compensation for his loss of time and expenses in 4 Chit. 362. Russ. 720. "Wats. 427. 2 Jar. 696. „ 698. 1 Jones, 180. Cald. 438. • 1 Crabb, 322. Ship. 325. Wats. 413. 2 Jar. 681. Russ. 718. 4 Chit. 364. Russ. 719. 1 Jones, 178. „ 179. Russ. 720. 2 Wilde, 93. Cald. 443. 1 Jones, 179. 4 Chit. 365. „ 366. Wats. 415. Cald. 440. 2 Jar. 683. Digitized by Microsoft® ARBITRATION. 37 Submissions— By Bond — continmd. endeavouring to sell certain bonds ; accounts in respect of the consideration given by the obligee to the obligor for a post obit bond to be opened ; purchase not to be impeached, but only the errors rectified ; all costs to be in the arbitrator's discretion ; power to enlarge the time. 64 Bond from five to one, jointly and severally, to abide by the award of three arbitrators, or any two of them, concerning claims under three wills. C5 Bond from a master of a ship to a merchant who exported a cargo in the ship, to abide by the award of two arbitrators, as to the value of the ship and cargo re- spectively, in order to ascertain the proportions each should pay of a ransom to be given by the master, to the captain of a French privateer, who had captured the ship. GG Bond from one to one, on submitting to three arbitrators, or any two of them, the question, what damages have been occasioned by reason of any breaches of any of the husbandry and other covenants of a lease, excepting in cases in which he has acted by permission of the lessor ; the arbitrators to direct the future course of husbandry, and whether any, and what, assurances shall be executed by the parties ; unlimited power to enlarge time. By Order. 07 Submission by order of a judge. 68 Ditto. 69 Submission by order of a judge — stranger added as party. 70 Submission by order of Nisi Prius on the usual terms. 71 Commencement of order of Nisi Prius at the sittings in Middlesex or London. 72 Style and title of the several judges. 73 Order of reference, a juror withdrawn. 74 Ditto. 75 Ditto. 76 Order of reference of cross actions. 77 Order of reference, stranger added. 78 Order of reference to state a special case. 79 Order of reference of indictment. 80 Orders of reference. 81 Order of submission by judge, 82 Order to refer all matters rti difierence in the cause. 83 Order that an agreement be made an order of the Court of Chancery. 84 Submission by rule of court. 85 Submission of suit and all matters by order of chancery. 86 Submission by order of chancery in a charity suit. 87 Order to make an award, an order of the Court of Chancery. 88 Eule for making a submission to arbitration by bond a rule of court. 89 Ditto. 2 Jar. 685. „ 688. „ 690. 692. Russ. 721. 1 Crabb, 323 Russ 722. » 722. *) 724. jj 724. )) 725. 1 Crabb, 325 Cald. 448. Russ. 725. J) 725. )> 725. J) 726. Wats .434. 1 Crabb, 323 )) 326 »J 327. Russ. 727. J) 727. J7 728. 1 Crabb. 328. Cald. 455. Wats 442. Digitized by Microsoft® 38 ARBITRATION. Submissions — By Order — continued. 90 Rule making an order of reference a rule of court. 91 Order of reference, from a court of quarter sessions. 92 Order of compulsory reference under the Common Law Procedure Act, 1854. 93 Postea, when the judge upon the trial of an issue directs a reference to arbitration. 94 Demand of arbitration as to compensation for lands taken under the Lands Clauses Act. 95 Demand of arbitration as to compensation for lands, etc., injured in making a railway, etc. Appointment of Arbitrators. 96 Appointment of arbitrators under the Lands Clauses Con- solidation Act. 97 Appointment of arbitrators by a company. 98 Ditto (railway). 99 Appointment of single arbitrator by both parties. 100 Ditto, in case of railway company. 101 Appointment of single arbitrator to act for both parties, promoters refusing to appoint an arbitrator. 102 Appointment of arbitrator by party dissatisfied with surveyor's yaluation of the lands taken. 103 Appointment of arbitrator by claimant. 104 Appointment of arbitrators in pursuance of an agreement of reference ; and coyenant to abide award. 105 Acceptance by the arbitrators of the appointment. 106 Appointment of a third arbitrator or umpire. 107 Ditto. 108 Ditto. 109 Ditto. 110 Nomination of an umpire by arbitrators appointed. 111 Ditto. 112 Appointment by two arbitrators of a third arbitrator to act with them. 113 Appointment of an umpire by arbitrators disagreeing upon their award. 114 Ditto, where submission was by deed poll. 115 The like where by submission bond. 116 Appointment of umpire by arbitrators indorsed on sub- mission. 117 Ditto. 118 Appointment of umpire by arbitrators. 119 Ditto. 120 Appointment of a joint arbitrator, by two arbitrators. 121 Ditto. 122 Nomination of an umpire by arbitrators appointed by an order of the Court of Chancery. 123 Judge's order appointing umpire under the Common Law Procedure Act, 1854. 124 Appointment of umpire by arbitrators under the Lands Clauses Act. Wats .442 Russ. 742. !! 743. )) 743. )J 729, JJ 730. Russ. 731. Lloyd, 248. Russ. 732. Lloyd, 247. „ 246. Russ. 733. „ 734. Lloyd, 249. 1 Wilde, 241. 1 Crabb, 328. „ 328. Cald. 456. 4 Chit. 370. Lloyd, 251. 1 Crabb, 329. 2 Jar. 680. Russ. 737. 1 Wilde, 384. 4 Chit. 371. „ 371. Russ. 734. 1 Wilde, 243. Russ. 735. Wats. 440 2 Jar. 681. Wats. 439. 1 Jones, 148. Russ. 735. „ 735. Digitized by Microsoft® ARBITRATION. 39 Appointment op Aebitratoes — continued. 125 Appointment of umpire by justices or the Board of Trade. 126 Request by a railway company to Board of Trade to appoint umpire. 127 Notice to the company of appointment of arbitrator by the claimants. Proceedings under the Reference. 128 Appoiutment for a meeting in the reference. 129 Appointment for two meetings 130 Peremptory appointment. 131 Appointment with notice arbitrators will proceed ex- parte. 132 AifidaTit to obtain order for attendance of witnesses. 133 Certificate of attorney to obtain order for attendance of witness. 134 Judge's order for attendance of witness. 135 Memorandum for jurat of witnesses. 136 Jurat of witnesses. 137 Form of oath to be used by the arbitrator. 138 Another form of oath. 139 Form of affirmation. 140 Another form of affirmation. 141 Demand by arbitrator of production of documents. 142 Notice to produce papers, etc. 143 Request by arbitrator of written specification of matters in difference. 144 Notice by arbitrators to umpire of disagreement. 145 Enlargement of time by the arbitrators. 146 Ditto. 147 Ditto. 148 Form of indorsement by arbitrators for enlarging the time. 149 Enlargement of time, where the arbitrator is enabled to do so by the submission, without any application to a court. 150 Enlargement of time by the parties. 151 Ditto. 152 Ditto. 153 Enlargement of time by indorsement of the parties. 154 Agreement by the parties in difference to enlarge time. 155 Ditto (under seal). 156 Agreement to extend time for making an award where no clause to that effect in arbitration bonds. 157 Rule of court for enlarging the time. 158 The same by consent. 159 Ditto. 160 Order of Chancery for enlargement of time by consent. 161 Summons for enlargement of time by a judge. 162 Judge's order for enlargement of time. 163 Rule nisi for enlarging the time under the statute. 164 Rule absolute for enlarging the time under the statute. 165 Judge's order enlarging the time, and stating case under the C. L. P. Act, 1854. Russ. 736. Lloyd, 251. Russ. 737. Russ. 745. „ 745. „ 745. „ 746. „ 746. „ 747. „ 747. „ 748. „ 748. „ 748. „ 749. „ 749. „ 749. „ 749. 2 Jar. 701. Russ. 750. „ 750. „ 750. 2 Jar. 699. 1 Crabb, 330. "Wats. 440. Cald. 458. Russ. 750. 1 Crabb, 330. 2 Jar. 700. Cald. 459. Wats. 441. 4 Chit. 370. „ 370. Wats. 441. „ 441. Russ. 751. „ 751. „ 752. „ 752. „ 752. „ 753. „ 753. Digitized by Microsoft® 40 ARRANGEMENT (DEEDS OF). Proceedings under the Reference — continued. 166 Summons for leave to reyoke. 167 Judge's order for leave to revoke. 168 Rule nisi for leave to revoke. 169 Rule absolute for leave to revoke. 170 Revocation of the submission by a party. 171 Notice of revocation to the arbitrator. 172 Notice to the parties that the award is made. 173 Warrant of attorney in ejectment to enforce delivery of lands if awarded. 174 Warrant of attorney to enforce payment of money awarded. 175 Warrant of Attorney to confess judgment. 176 Arbitration clause in lease. 177 Arbitration clause in a deed of partnership. 178 Affidavit of the due execution of the submission in order to its being made a rule of court. ARRANGEMENT (DEEDS OF). 1 Deed of arrangement between several persons interested in real estate under a will and in the proceeds of the sale thereof, for the purpose of confirming certain mortgages executed by the trustees of the will/and for giving them authority to sell prior to the time appointed by the testator. 2 Deed of arrangement for waiving a right of action for past breach of a covenant, and for extending the time for its performance (by indorsement). 3 Deed of arrangement between a mortgagor and several mortgagees of distinct parts of his estates where the title deeds relating to the property comprised in the mortgages were deposited with bankers on the account of the several mortgagees. 4 Deed of arrangement with respect to title deeds deposited with a solicitor on behalf of several mortgagees of dif- ferent properties, and on behalf also of the owners of other properties to which the deeds, or some of them also relate. 5 Arrangements on the retirement of the principal of a school in favour of his two sons, viz., (1st) : a bond from the sons securing an annuity to the principal during his life; (2nd), assignment by him of the school premises, fixtures, furniture and goodwill ; (3rd), agree- ment between the two sons as to the mode of carrying on the school. 6 Deed of arrangement after bankruptcy [under the 185th section of Bankruptcy Act, 1861], A principal creditor taking an assignment of all the assets and contracting to pay a composition on the debts. The creditors releasing the debtor, accepting the composition from the creditor, and consenting that the assignment should be completed and the bankruptcy annulled. .IBB 754 754 754 754 754 755 „ 739. 741. 2 Jar. 701. (Jreen. 285. Russ. 717. 2 Jar. 673. 2 Prid. 626. „ 652. 1 Prid. 619. „ 624. Prior, 248. (Jrif. 117. Digitized by Microsoft® ASSIGNMENTS. 41 ARRANGEMENTS WITH CREDITORS {see Bankruptcy, Composition Deeds, and Inspectorship Deeds, post). ARTICLES OF AGREEMENT {see Agreements, ante). ARTICLES OF CLERKSHIP {see Apprenticeship Deeds, ante). ARTICLES OF MARRIAGE {see Settlements, post). ASSENT {see also Confirmation and Consent, post). 1 Assent to a bequest of a term, either by one executor or by several, or by an executrix and her husband ; by indenture, deed poll, or unstamped writing under hand, with or without an assignment by the executors. 2 Assent by an executor to a bequest of leaseholds for years. 3 Ditto. 4 Assent to a bequest and assignment of leasehold property, by indenture, by an executor to a legatee, the legatee covenanting to indemnify the former against the rents and covenants of the lease. 5 Form of assent to composition deed. ASSIGNMENTS. 1 Assignment of a debt due upon judgment. 2 Ditto. 3 Ditto. 4 Assignment of a judgment recovered by a verdict. 5 Assignment of a bond and judgment by husband and wife, by way of mortgage or security. 6 Assignment of monies by way of collateral security. 7 Assignment of a -sum of money by way of security for the payment of another sum. 8 Assignment of a debt. 9 Ditto. 10 Ditto. 1 1 Ditto, by way of collateral security. 12 Ditto (short form). 13 Assignment of a simple contract debt; with power of attorney to sue, and usual covenants. 14 Assignment of debt and dividends under an adjudication of bankruptcy. 3 Jar. 8. 2 Prid. 642. 1 Hug. 399. Green, 402. 197. 1 Wilde, 483. Ship. 273. 1 Prid. 339. 1 Crabb, 386. Ship. 274. 1 Crabb, 396. „ 400. Ship. 267. Green. 177. 4 Chit. 206. 1 Crabb, 367. „ 369. 1 Hug. 287. 1 Crabb, 371. Digitized by Microsoft® 42 ASSIGNMENTS. 15 Assignment of debt and dividends under a fiat of banlc- ruptcy, in trust, for securing costs to an attorney. 16 Assignment of dividends under a fiat of bankruptcy. 17 Assignment to a purchaser by several creditors under commission of banliruptcy, of their respective dividends. 18 Assignment of a debenture by way of a collateral security. 19 Assignment for service in Barbadoes by indorsement. 20 Assignment by indorsement of articles of agreement for the sale of goods. 21 Assignment of an agreement for the purchase of an estate. 22 Assignment of the benefit of a contract for the purchase of a freehold estate ; with a proviso for repurchase by the present assignor. 23 Assignment of the benefit of an agreement for the sale of freeholds. 24 Assignment of an agreement for the sale of timber for securing the payment of debts (by indorsement). 25 Assignment of growing crops of corn and grass. 2G Assignment of a life interest in dividends on stock. 27 Ditto. 28 Assignment of stock in the funds (bequeathed under a will). 29 Assignment of an annuity given by a will. 30 Assignment by a trustee of stock in trade under a deed of assignment for benefit of creditors. 81 Assignment of household furniture and effects, in part satisfaction of a judgment debt. 32 Assignment by a husband of household furniture, books, plate, bills of exchange, &c., to trustees, to sell for the payment of debts, and to stand possessed of surplus for the separate use of the wife. 33 Assignment of household furniture and verbal agreement for a lease. 34 Assignment of a public house lease, licences, and fixtures. 35 Assignment of a trade. 36 Assignment of a goodwill of a business. 87 Assignment of the goodwill of a business and of debts due on account thereof. 3 8 Assignment of goodwill and stock in trade to two co-partners. 39 Assignment of the goodwill and property of a business. 40 Assignment of the goodwill of the business of a clock and watchmaker and the clock- winding connected therewith. 41 Assignment of the trade of a coal merchant, in considera- tion of a sum of money to be paid by instalments, with appropriate covenants. 42 Assignment of a trader's business and stock for a sum of money. 48 Assignment of the stock in trade and goodwill of a business, and a leasehold messuage, in consideration of a life annuity. 44 Assignment of one-third of a partner's share in mining property. Ship. 277. „ 276. 4 Chit. 210. 1 Crabb, 366. 4 Chit. 208. „ 203. 1 Crabb, 347. 9 Jar. 619. 1 Prid. 365. 1 Crabb, 349. 1 Prid. 886. 1 Rouse, 214. 1 Prid. 353. Ship. 280. 1 Rouse, 215 Wilk. 49. ■ „ 50. 1 Crabb, 377. „ 376. Wilk. 52. 4 Chit. 191. 1 Crabb, 379. „ 381. 2 Dav. 510. 1 Prid. 342. Green. 175. 9 Jar. 653. Prior, 247. Sweet, 223. Prior, 251. Digitized by Microsoft® ASSIGNMENTS. 43 45 46 47 48 49 50 51 52 53 54 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Assignment of stock in trade from representative of a deceased co-partner to a surviving partner. Assignment of outstanding terms, &c. Ditto. Ditto. Assignment of an attendant term in trust for a purchaser. Assignment of two attendant terms in separate properties, to a trustee for a purchaser. Assignment of a term of years to a trustee for a mortgagee. Assignment of term to attend inheritance. Assignment of a mortgage term, the equity of redemption in which has been barred by the Statute of Limitations. Assignment of an attendant term from the executors of a deceased trustee by the direction of the vendor to a trustee for the purchaser, and surrender to the same trustee of a prior attendant term ; the creation and devolution of the terms being very shortly recited. Assignment of an attendant term of years, in trust to attend the inheritance, for the benefit of a purchaser or mortgagee, or of the persons interested under a marriage settlement. Assignment of a term to attend the inheritance, by a separate deed, where the purchase-money, or part of it, is paid by the mortgagee of the term. (Yariation ■where part only of the mortgaged property is conveyed to the purchaser.) Assignment of chattel real, to which a person is entitled in right of his wife, in trust to re-assign the same. Reassignment by indorsement, in pursuance of the fore- going deed. Assignment of a wife's term for years by a husband and a ■wife to a purchaser. Assignment by a married ■woman of her reversionary interest in personalty under a will made after the 31st December, 1857. Assignment of a share in residuary personal estate derived under a will. Assignment of a contingent reversionary interest in a stock legacy to a purchaser, subject to one life interest therein. Assignment of a reversionary share in a stock legacy, subject to one life interest therein, to a purchaser. Assignment of a reversionary interest in a personal fund ; adapted to the case of a sale by tenant in tail in re- mainder (with the consent of the protector) of personal estate directed to be laid out in land. Ditto. Assignment of a reversionary interest in a sum of stock. Ditto. Assignment of a contingent reversion. Release and assigmnent of one moiety of the general residuary estate by one tenant in common to his companion in the tenancy. 1 Wilde, 536. „ 540. Bird, 143. 9 Jar. 102. 2 Dav. 490. „ 493. Dav. Con. 238. 1 Jones, 77. Hayes, 326. 356. Sweet, 144. 145. 1 Crabb, 423. )? 424. J) 425. 1 Prid. 355. )) 351. 1 Jones, 135. )) 140. 9 Jar. 306. Sweet, 220. Hayes, 368, Green. 171. H.L.F. 64. 1 Hug. 276, Digitized by Microsoft® 44 ASSIGNMENTS. 70 Assignment of a legacy. 71 Assignment of a legacy charged on land, and residuary interest by a pm-chaser from the legatee. The purchase had been originally made by three persons (an assign- ment being made to a trustee for the three), and the shares of two were afterwards bought by the present Tender. Covenant by two in respect of two equal shares, and a third in respect of the entirety. 72 Assignment of a share in a portion by an elder sister to her younger sister, in addition to their shares therein. 73 Assignment of ground rents by the reversioner in fee (a corporation), with a demise for vesting in the purchaser a reversion to enable him to recover them. 74 Assignment of ground rents by the reversioner to a pur- chaser, with usual covenants for title, the premises being demised to the purchaser to enable him to recover them. 75 Assignment of land tax redeemed under the stat. 38 Geo. III. c. 60. (Variation where the grant is of a fee-farm rent, in lieu of land-tax, purchased under the stat. 42 Geo. III. c. 116). 76 Ditto. 77 Assignment by way of absolute sale from a mortgagee to a purchaser of a mortgage debt of £1000, and of the sum of £75, being an arrear of interest; and also of the mortgaged premises, which had been demised to the mortgagee for a term of 2000 years. 78 Assignment on sale of a " chose in action." 79 Assignment of a deed of covenant. 80 Assignment of a deed of indemnity. 81 Assignment of a pew. 82 Assignment of an executorship and indemnity of the executor by a mortgage. 83 Assignment of the m oiety of a boarding school (by indorse- ment on the articles of co-partnership). 84 Assignment of shares in a building society (indorsed on scrip.) 85 Assignment by creditors of their debts in consideration of an immediate composition. 86 Assignment of debts by trustees under a deed of assign- ment for benefit of creditors. 87 Assignment of dower. 88 Ditto, by the heir. Assignment of annuities, see Annuities, ante. Assignment of articles of clerkship, see Apprenticeship Deeds, ante. Assignment of benefit of creditors, see Baukeuptcy, Composition Deeds, and Inspectorship Deeds, post. Assignment of bonds, see Bonds, post. Assignment of copyright, see Copyright, post. Assignment of leaseholds, see Leases, post. Assignment of letters patent, see Patents, post. Assignment of mortgages, see Mortgages and Settle- ments, post. Assignment of policies of assurance, see Policies, post. Ship. 284. Prior, 313. Bird, 92. 9 Jar. 316. 1 Hug. 279. Sweet, 202. 9 Jar. 626. 1 Hug. 290. Lewis, 157. Ship. 285. 1 Wilde, 493. 1 Crabb, 409. „ 374. „ 385. Wilk. 55. „ 43. „ 46. 1 Crabb, 373. 1 "Wilde, 490. Digitized by Microsoft® ATTESTATIONS. 45 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 21= 25 26 27 ASSOCIATIONS (see Benefit Building Societies; Companies, and Railway Companies, post). ASSURANCE (POLICY OF) (see Policies, i^s^- ATTAINDER (see Foefeitueb, post). ATTENDANT TERMS (see Assignments, ante). ATTESTATIONS. Attestation of deed, common form. Ditto, by all parties. Ditto. Attestation by one of the parties only. Ditto. Attestation of a deed executed by one party in his own right, and as the act of another of the parties by virtue of a power. Ditto. Ditto. Ditto. Attestation of the execution of a deed by a widow after the death of her husband, where she and her husband had assigned her reversionary interest in trust monies, after the death of another person, and she voluntarily consented to join with their assignee in an assignment to a second purchaser. Attestation of the execution of a deed in which there are interlineations, erasures, or obliterations. Ditto. Ditto. Ditto. Ditto. Ditto. Attestations where there happen to be interlineations. Attestations of the execution of a deed by another party, where interlineations, &c., have been noticed in previous attestation. Attestation of the execution of a deed by a blind person. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Attestation of the execution of a deed by a person deaf and dumb. Ditto. Wilk. 55. R.P.M. 56. 2 Eouse, 420. „ 420. R.P.M. 56. 1 Crabb, 430. 3 Jar. 28. R.P.M. 58. 2 Rouse, 421. 3 Jar. 25. „ 12. Wilk. 57. 1 Jones, 3. Ship. 117. R.P.M. 56. 2 Rouse, 420. 1 Crabb, 429. 3 Jar. 20. „ 21. 1 Jones, 3. Wilk. 56. 1 Crabb, 428. Ship. 117. 2 Rouse, 420. R.P.M. 57. 3 Jar. 22. 1 Jones, 3. Digitized by Microsoft® 46 ATTORNEY. 28 Attestation of the execution of a deed by a person deaf and dumb. 29 Ditto. 30 Ditto. 31 Ditto. 3.2 Ditto. 33 Attestation of the execution of a deed by an illiterate person. 34 Ditto. 35 Ditto. 36 Ditto. 37 Ditto. 38 Ditto. 39 Attestation of a deed executed under a power of attorney. 40 Ditto. 41 Ditto. 42 Ditto. 43 Ditto. 44 Ditto. 45 Ditto. 46 Ditto. 47 Form of an agreement, signed by an agent or attorney, for his principal. 48 Attestation and testimonium of a deed executed under a power of attorney from two. 49 Another form. 50 Ditto. 51 Attestation of a deed by another party subsequently. 52 Ditto. 53 Approbation by a principal, indorsed on a deed sub- sequently to its execution by an attorney. 54 Attestation of a release of a legacy executed under a power of attorney from husband and wife. 55 Attestation of an instrument intended to operate as an escrow. 56 Attestation of a will, common form. 57 Ditto. 58 Ditto. 59 Attestation of a will where the testator is deaf and dumb. 60 Attestation of a will where the testator is blind. 61 Attestation of a will where another signs for the testator. 62 Attestation where the testator acknowledges will. 63 Attestation of warrant of attorney. 64 Testimonium. 65 Testimonium in lease executed by committee on behalf of a lunatic. 66 Testimonium of a will. Attestation by way of confirmation, see CoNFrnMATiON, post. ATTORNEY (^see Letters of. Powers of. Warrants or, j^ost). Wilk. 56. 1 Crabb, 427. 2 Rouse, 421. R.P.M. 57. Ship. 117. 3 Jar. 24. 1 Jones 3. Wilk. 56. Ship. 117. 2 Rouse, 421. R.P.M. 57. 3 Jar. 26. 1 Jones, 3. Wilk. 56. Ship. 117. 2 Rouse, 421. R.P.M. 58. 1 Crabb, 428. 4 Chit. 73. „ 73. 3 Jar. 26. „ 28. 1 Crabb, 428. R.P.M. 57. 2 Rouse, 420. 3 Jar. 34. „ 29. „ 30. Wilk. 57. 1 Crabb, 430. Ship. 116. Wilk. 58. „ 58. „ 58. 59. 1 Crabb, 431. „ 429. „ 429. „ 430. Digitized by Microsoft® ATTORNMENTS. 47 ATTORNMENTS. 1 Form of attornment, with schedule. 2 Attornment by a mortgagor to the mortgagee in a mortgage in fee. 3 Attornment by mortgagor in possession. 4 Ditto. 5 Short form of attornment by mortgagor to mortgagee. 6 Attornment by tenant. 7 Form of attornment by a tenant to a mortgagee after a judgment recovered by him in an action of ejectment. 8 Ditto (by tenants). 9 Ditto. 10 Attornment by several tenants to a mortgagee, with the approval of the mortgagor. Variation, where the attornment is made by a single tenant. 11 Common form of an attornment by several tenants. 12 Ditto. 13 Attornment by several tenants, to a purchaser from their landlord. 14 Attornment to a receiver or to a purchaser, with the consent of landlord [and of his mortgagee]. 15 Attornment by a mortgagor in possession to the mortgagee at a specific rent, to be indorsed upon or subjoined to the appointment of a receiver. 16 Ditto. 17 Attornment of several tenants to the executors of a mortgagee, after a judgment in ejectment on their demise ; and covenant by the tenants severally to pay rents to executors ; and to deliver the possession to them on expiration of leases ; and not to pay the rents or deliver the possession to any other persons, unless compelled so to do by a court of law or equity. 18 Attornment by a tenant to the lessor of the plaintiff in ejectment. 19 Ditto, by several tenants. 20 Attornment by tenants to a mortgagee where their leases were subsequent to the mortgage. 21 Directions by a mortgagor, or an annuitant, for the attornment of tenants to secure arrears (indorsed on the deed). Yariation where it is ordered by assignees of a bankrupt. 22 Attornment by several tenants to two mortgagees, by the direction of the mortgagor ; and agreement to pay rents to the mortgagees or their agent. 23 Direction and authority from the assignees of a bankrupt to tenants, to attorn to a mortgagee. 24 Direction by a tenant for life to the tenants, to attorn to a trustee for securing an annuity. 25 Attornment of the tenants, to be indorsed on the deed. 26 Notice from assignees of a bankrupt to tenants to attorn to a mortgagee. Ship. 296. 1 Orabb. 432. 1 Dav. 252. 1 Rouse, 459. 1 Hug. 639. Green, 183. 1 Hug. 640. 1 Wilde, 574, 3 Jar. 47. 1 Hug. 635. „ 638. 3 Jar. 45. Woodf. 1050. „ 1050. 1 Wilde, 576. 3 Jar. 46. „ 48. 1 Wilde, 577. 3 Jar. 50. 1 Wilde, 573. 571. 3 Jar. 46. „ 51. „ 52. „ 53. Ship. 295, Digitized by Microsoft® 48 AWARDS. - AUCTIONS {see also Conditions of Sale, post). 1 Particulars of different kinds of property. 2 Ditto. 3 Particulars of sale by auction of a freehold estate. i Particulars of sale of a freehold and copyhold estate. 5 Particulars of sale of a leasehold estate. 6 Particulars of sale of a house and garden. 7 Particulars of sale of a manor. 8 Particulars of sale of an advowson. 9 Notice of appointing a person to bid for the oivner, and his acceptance of the appointment. 10 Notice that a steward or agent intends to bid for the owner. 1 1 Notice of appointing by a steward or agent a person to bid for the owner. 12 Agreement for purchase at an auction, indorsed on the particulars of sale. 13 Agreement for the purchase of a lot which had not been sold at an auction subject to the conditions agreed upon at the auction ; indorsed on the conditions of sale. AUGMENTATIONS {see Conveyances, ^osO. AUTHENTICATION {see Certificates, ^osQ. AUTHORITIES. 1 Authority to hold furniture assigned by a bill of sale. 2 Authority to conTey land in respect of shares. 3 Authority to use notices for transferring licences. 4 Authority to pay consideration money to attorney. 5 Authority by cestui que trusts to trustees to postpone sale. 6 Authority to a trustee and executor to sell. 7 Authority by a wife to trustees to advance her husband money. 8 Authority by a creditor to an agent to receive a dividend from trustee of a deed of arrangement. AVERAGE AGREEMENTS (see Shipping, ^os/). AWARDS. 1 Award on a reference by order of nisi prius on the usual terms. a. Eecital of part of order of nisi prius. 5. Recital of enlargement of time. c, Award of and concerning the premises. Bate. 53. Moore, 51. 1 Crabb, 445. Bate. 391. 1 Crabb, 44C. Bate. 392. „ 393. „ 393. 1 Crabb, 440. „ 441. „ 441. 1 Jar. 543. „ 543. Hlk 59 )) 60 )> 60 5) 61 )J 61 J) 63 J) 64 )) 64 Euss. 756. „ 756. „ 756. „ 757. Digitized by Microsoft® AWARDS. 49 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 d. Award as to the issues in the causes. j Russ. 757. e. Award giving damages in the cause. „ 757. f. Award of direction to pay. „ 757. g. Award of verdict to stand for plaintiff with reduced damages. h. Award as to other matters ia difference. i. Award as to cost. Commencement of award reciting submission by agreement or deed. Ditto. Commencement of award reciting submission by bond. Commencement of award on a submission by deeds poll. Ditto, by mutual bonds. Ditto, by judge's order. Ditto. Commencement of award where the reference was by order of Nisi Prius. The same, where the reference was by order of V. C, to find several specific things. The same, where the reference was made under a judge's order, particularly reciting the matters in controversy. The like, reciting the pleadings. The like, made under an order of Msi Prius at the assizes. Ditto. Commencement of award reciting order of Nisi Prius made at the sittings in London or Middlesex. Commencement of award on a reference of an indictment at Nisi Prius. Commencement of award on a submission by rule of court. Ditto, by order of chancery. Special commencement of an award, reciting the claims of the parties to certain land. "Wats. 456. Eecitals in award by umpire. Russ. 760. Preamble introductory to awarding part of award. „ 760. Award, plaintiff good cause of action on two counts, no cause of action on third count. „ 760. Award of a verdict on several issues. Wats. 464. Award on the several issues in the cause. Euss. 760. Award that one party shall pay a sum of money to the other, with an award of releases. Wats. 465. Award, defendant to pay sum in full of all demands in the cause. Russ."760. Award of payment of money in satisfaction of matters in dispute, Wats. 466. Ditto. 4 Chit. 387. Ditto. Euss. 767. Award of payment of money, with interest to executors. Wats. 466. Award of payment of two several sums of money, to two parties on the same side, on a joint and several sub- mission. „ 466. Award of money to be paid as the damages in three separate actions between the parties. | „ 467. E „ 757. „ 757. „ 757. „ 758. Wats. 452. Euss. 758. „ 759. Wats. 451. Euss. 759. Wats. 444. „ 445. „ 446. „ 447. „ 449. „ 450. Russ. 759. „ 759. „ 759. „ 759. „ 759. Digitized by Microsoft® 50 AWARDS. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Award that a party had not any cause of action. Ditto. Award that the plaintiff had cause of action. The like, in another form. Award in favour of plaintiff on a rule of court. Award that plaintiif is entitled to a verdict and award of damages. Award generally for defendant on a rule of reference. Award on non assumpsit. Award on non assumpsit on the indebitatus counts, part for defendant. Award on tender as to part, on non assumpsit as to residue. Award on nunquam indebitatus in debt. Award in debt when money paid into court. Award on plea of non est factum. Award in debt on indemnity bond. Award in detinue. Award on plea not guilty in case, trover and trespass. Award on plea not guilty, de injuria, and new assignment in trespass. Award of damages in a cause. Award as to matters not in the cause. Award for defendant, balance of set off. Award of a stet processus. Award of verdict for plaintiff; with certificate for speedy execution. Award of a nonsuit, or verdict for defendant. Award of a verdict for defendant on some issues. Award on a demurrer. Award of entry of judgment. Award of judgment by default. Award, suit to be dismissed. Award as between parties that bill be dismissed and injunction dissolved. Award that a suit in chancery shall be dismissed, and the suit determined: the costs of the suit and of certain actions to be taxed by the proper oflScer. Award stating the plaintiff's discharge under Insolvent Debtor's Act before ordering a verdict for the defendant. Award of a verdict in an action against executors, part to be levied de lonis propriis, the residue de bonis testatoris. A'ward against executor. Award of assignment of leasehold and release. Award directing the assignment of a lease, payment of money, and putting an end to a suit in chancery. Special award directing the conveyance and sale of property and the proceeds to be equally divided between the parties. Award of conveyance in fee. Award to deliver up deeds. Award to remove hatches as far as defendant can. Award to prostrate embankment. Award to erect a bridge on stranger's land, if consent had. Wats 467. 4 Chit. 383 Wats 467. 9) 468. 4 Chit. 380 )> 382 ,) 383. Euss 760. jj 760. ,) 761. „ 761. jj 761. )j 761. ,j 762. )j 762. )' 762. J) 762. )) 762. jj 763. 5J 763. JJ 763. )J 763. JJ 763. JJ 763. SJ 763. JJ 761. ,J 764. JJ 764. 764. Wats 460. JJ 463. >) 463. Russ. 767. JJ 770. Wats 471. J) 473. Euss. 771. J) 771. 3) 771. J) 771. J) 771. Digitized by Microsoft® AWARDS. 51 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Award adjusting right to titles when impossible to ascertain boundaries. Award as to the right of tithing oyer certain land. Award that a person had no title to certain property. Award that certain ai-ticles of furniture are the property of one of the parties to the submission. Award in an action of trover where two issues were joined. Award of a right to a pew. Award of verdict for defendant and direction as to the enjoyment of a pew for the disturbance of which the action was brought. Award, how property to be used and repaired. Award pursuant to a clause in articles of agreement for making repairs. Award raising a point of law on request for opinion of the court as to validity of plea and custom alleged in it. Award raising special point of law for opinion of the court as to effect of the Building Act. Award raising point for opinion of the court as to liability of commissioners of sewers. Award in case for nuisance — distributive findings. Award as to drains to be made. Award on indictment directing prostration of nuisance. Award on actions, cross-accounts, mortgages, right to property, and possession of premises. Award containing special directions as to removing obstructions and regulating the water-way before plaintiff's premises. Award as to the use of the waters of a well and stream. Award directing particularly the enjoyment of a right of way. Award that one party shall give a bond of iademnity. The same in a different form. Award that defendant give plaintiff a bond of indemnity against a certain bill of exchange outstanding. Ditto. Award on a matter in dispute arising out of a private bill before a committee of the House of Commons. Award of charges of an engineer. Certificate of arbitrator finding for plaintiff. Award in pursuance of an order of reference of the Court of Common Pleas, relative to work done by plaintiff for defendant. Award that money be accepted in satisfaction of business done, &c., &c. Ditto. Award of money due for work, &c., as a solicitor ; and that such solicitor has a lien on all papers, &c., of the party in his possession. Ditto. Award where two cross actions were referred by order of the judge ; the action being for work and labour and on written agreement. Euss. 771. "Wats. 469. „ 468. „ 468. „ 468. „ 468. „ 462. Euss. 772. 1 Crabb, 333. Euss. 773. „ 776. „ 777. „ 778. „ 779. „ 781. „ 783. „ 787. „ 799. "Wats. 469. „ 470. „ 471. Cald. 281. 4 Chit. 397. Wats. 487. „ 491. Euss. 780. 1 Jones, 143. Cald. 263. 4 Chit. 397. „ 397. Cald. 287. 4 Chit. 378. E 2 Digitized by Microsoft® 52 AWARDS. 106 Award relating to the charter of a vessel, and the costs of a special jury. 107 Award adjusting accounts between the part-owners of a vessel. 108 Ditto. 109 Award in ejectment, with certificate for immediate possession. 110 Award in ejectment, on two demises. 111 Award in ejectment, specifying lands for each party. 112 Award of title to certain lands, and mesne profits ; upon performance of award, that an action of ejectment be stayed ; that each party pay Ms own costs ; in default of payment by defendant, that the plaintiff may enter up judgment in the action of ejectment. 113 Award by one under cross bonds, after a verdict in ejectment for the plaintiff, respecting his demand of mesne profits, and the value of a wind-mill removed after verdict and before possession delivered by the sheriff, where the arbitrator had enlarged the time for making his award, and had examined no witnesses : That the defendant shall pay to the lessor of the plaintiff £100 in fall discharge of the matters referred. 114 Award of title to certain land, except a part which could not be recovered in the cause; and as to further boundaries, &c. 115 Award, as to a boundary-fence, and of a lease to be granted by plaintiff to defendant ; that plaintiff keep such boundary-fence in repair. 116 Award, respecting the allotments made under an inclosure bill. 117 Award of rent due on balance of accounts. 118 Award under a submission by order of the Lord Chancellor, adjusting a balance of accounts. 119 Ditto. 120 Ditto. 121 Award of dismissal of suit and payment of balance by part owners of a vessel. 122 Award, adjusting accounts, directing delivery by one party to the other, of certain papers, and that a bond of indemnity be executed, &c. 123 Ditto. ' 124 Award that a certain sum is due from plaintiff to defendant ; a certain other sum from defendant to plaintiff; that plaintiff be allowed to set off- the sum due to him, and that he pay the balance. 125 Ditto. 126 Award as to a rate, that it is fair and equal. 127 The same as to a church rate, and adjusting the value of the premises with a view to future rates. 128 The same as to a poor rate. 129 Award on an agi'eement between solicitors, referring two Wats. 497. Cald. 219. 4 Chit. 389. Kuss. 764. „ 764. „ 765. Cald. 258. 3 Jar. 129. Cald. 261. „ 271. „ 306. Wats. 493. 1 Wilde, 582. Cald. 236. 4 Chit. 377. 1 Wilde, 591. Cald. 297. 4 Chit. 398. Cald. 282. 4 Chit. 399. Cald. 261. „ 264. „ 265. Digitized by Microsoft® AWARDS. 53 130 131 132 133 134 135 136 137 appeals against two poor rates, and the rental upon whicla the premises were to be rated ; that the rates were fair, and tenant fairly rated ; that there is owing on both rates a certain sum; that tenants shall pay the same on a day named; that premises are of a certain annual value ; and ought to be rated upon that sum. Award that a certain sum is due for church rate ; to be paid on a certain day ; that premises are of a certain annual yalue, and ought to be so rated. Award of the right of presentation to an adyowson. Ditto. Award of arrears of rent upon a lease, and of damages for covenants broken. Award of different sums, for holding over after the expiration of a lease of certain premises; and for other breaches of covenant. Award by three, on a submission of breaches of husbandry covenants, that the lessee shall pay the receiver of the estate a sum as fuU compensation for damage, occa- sioned by the lessee's having farmed contrary to the four years' course of husbandry, and by breaches of covenants ; damages and costs of reference to be paid by lessee to receiver, by two instalments ; lessee, during remainder of term, to farm according to course of husbandry mentioned in a schedule ; and lessee, at his own expense, to enter into a deed of covenant with the receiver, to farm accordingly. Award that A may divide the roof and gutters of the shop of B with lead, or other material, forming a partition not more than one foot high from the surface, and to maintain the same when made, in order that such water only as shall fall on the eastern side of the roof may be conveyed to A's leaden flat ; and that A shall afterwards only convey to the leaden flat such rain-water as shall fall on the eastern side of the roof; that A may put up and maintain a leaden or other sink under the window of his first floor, and over B's roof, for conveying water ; that B shall take down a large beam or scales in his shop, suspended under A's house, and shall not fix any beam or scales (except for weighing parcels not exceeding twenty pounds weight), under A's house, or within ten feet of a certain beam under it. Award that an intended lessee, in possession, shall make a fence across a yard, according to a plan ; and maintain the same during the lease, and any renewal; that landlord shall, on the third of March, execute lease, excepting that part of the yard to be taken off; such lease to be conformable 'to engrossment formerly tendered, excepting the reservation of a right of way ; and to bear date subsequent to making the fence, 3 Jai . 178. » 181. Cald. 145 286. ') 273. )> 284. 3 Jar. 136. „ 140. Digitized by Microsoft® 54 AWARDS. whereby the description of the premises will be correct ; lessee to execute a counterpart. 138 Award that one year's rent was due from a lessee ; that the lessee did not perform the covenants of the lease, except as to payment of the first year's rent ; that lessor has thereby sustained damage to a certain amount ; that lessee shall pay the sums awarded on a certain day. 139 Award that plaintiff has no claim upon defendants as assignees under a certain commission of bankruptcy ; that plaintiff never had any right or title to, or demand upon, a certain ship, and that he give up all documents in his possession relating to her ; that the defendants permit the plaintiff to prove a certain sum under the commission. 140 Ditto. 141 Award made by an umpire, adjusting disputes between mortgagor and mortgagee. 142 Award under cross bonds, on a general reference by mortgagor and mortgagee that the mortgagor shall pay to the mortgagee a sum in fall of all demands on securities and of costs; on payment estates to be re- conveyed ; and deeds delivered up ; mortgagor to be let into possession on the day of payment, and receive arrears of rent ; the mortgagor to pay costs of actions and suits ; mortgagee to execute a general release. 143 Award of an umpire appointed by two, on a reference under cross bonds, by mortgagor and mortgagee in possession, concerning the rents and profits and matters of account, &c. ; that proceedings in chancery shall cease ; that, after giving credit for crops, certain sums are due to mortgagee, on account of the mortgage; that further monies are due to him on a general account; exclusively of £127, the value of several articles for which the mortgagor has given credit, and of £107, the value of a quantity of dung, for which mortgagee has not given credit ; mortgagee to spread the dung ; and if the mortgagor should, on a certain day, pay the mortgagee such money, as on a fair account shall appear to be due, and the £127 and £107, and interest on the £107 ; or should give a bond and warrant of attorney with sureties, for payment of the £127 and £107, with interest on the £107 ; then the mortgagee to deliver possession; the account to contain certain particulars on each side. Mortgagor not to be charged with certain expenses, nor have credit for the produce, but to be allowed a rent ; sureties to be approved by the arbitrators or umpire; the mortgagor to give notice of his intention to redeem, with names of sureties, if he should propose to give security, instead of paying the money ; if the mortgagor should not redeem, to be foreclosed; and mortgagee to take the farm in full for mortgage money and 3 Jar. 141. „ 143. Cald. 282. 3 Jar. 205. "Wats. 480. 3 Jar. 14G. Digitized by Microsoft® AWARDS. ;S5 interest, and the articles thereon, in full for the £127 ; mortgagor within two days to give a warrant of attorney to secure £100 on a given day, and £50 half-yearly, until the balance of the general account be paid ; mortgagee to be at liberty to sue out execution for the whole sum on any default; mortgagee to pay £10 towards the tavern expenses of the arbitration ; the mortgagee forthwith to give a general release of all actions, &c., except warrant of atttorney; and mortgagor to give a similar release excepting his right to redeem on the terms awarded. 144 Award that a party was not a partner. 145 Award on an agreement in a deed of composition between a debtor, the trustees, creditors, and a creditor ; that a particular creditor was not a partner when the securities were given, nor does still remain a partner with respect to the other creditors; and that he is entitled to recover on certain securities before the other creditors are fully paid. 146 Ditto. 147 Award of differences between two co-partners under a submission by a judge's order. 148 Award by arbitrators of differences between co-partners in pursuance of their articles of co-partnership. 149 Award between partners. 150 Award on partnership accounts. 151 Award by two, under cross bonds, on a general reference by partners, that A. shall pay a sum to B., and give him a general release ; that the implements, &c., in a sail-cloth manufactory shall belong to A. ; and that the partnership debts shall be got in and equally divided. 152 Award of discontiuuance of an action without costs; that defendant pay to plaiutiflf the amount of the sum for which the action was brought, at a particular time and place ; that plaintiff then give to defendant a receipt for the same ; that no further proceedings be had in a certain chancery suit between the parties, except in case of a violation of an injunction which had been granted in such suit, and that such injunc- tion remain in fall force; that defendant pay all outstanding biUs of exchange, &c., against the co- partnership between the plaintiff and defendant, and indemnify plaintiff against all such claims; that de- fendant may retain all the stock in hand, and joint effects of the said co-partnership, to his own use, and may recover all the debts due to the said co-partner- ship, and receive them to his exclusive use ; and may sue in the joint names of the plaintiff and himself for that purpose; that defendant pay a further sum to plaintiff, together with the costs of the suit in chancery, to be taxed, &c. ; that plaintiff prepare, at his own expense, and defendant seal and deliver a bond conditioned for the performance of those acts 3 Jar. 149. 4 Chit. 387. 3 Jar. 174. Cald. 241. 1 Crabb, 339. 1 Wilde, 593. Euss. 770. „ 768. 3 Jar. 131. Digitized by Microsoft® 56 AWARDS. relating to the partnership concerns specified in this award, and for indemnifying the plaiatifF against all consequences of his name being made use of, &c. 153 Ditto. 154 Award under submission by rule of court, in an action between partners, the costs of the cause being directed to abide the event of the award, and that the costs of reference be in discretion of arbitrators; that all proceedings cease ; that defendant shall pay plaintiff a certain sum, and permit plaintiff to collect for- their joint use several debts and sums stated; that the plaintiff use his utmost endeavours to collect same ; may bring actions ; but if he bring action in defen- dant's name, without his consent, to indemnify him from costs, if action fail ; plaintiff not to compromise action without defendant's consent ; within one month after payment of sum awarded, to deliver to defendant an account of the residences of all debtors ; and give a bond to use due dUigence in collecting debts ; and give defendant an account of proceedings; and as debts are received, pay defendant a moiety ; each party to pay his own costs of reference, and a moiety of costs of award. 155 Award of dissolution of partnership. 156 Ditto (on terms). 157 Award that a partnership be dissolved; that one pai-ty receive all the debts, &c., to his own use ; may make use of the name of the other party, in order to recover such debts ; pay all demands upon the said co-partner- ship ; indemnify the other party against any loss from making use of his name ; that the other party deliver np all books, papers, &c., concerning the co-partner- ship. 158 Ditto. 159 Ditto. 160 Special award, ascertaining the sum the parties are en- titled to under certain wills, and what part of testator's property belongs to each of the parties. 161 Award adjusting disputes between several parties respect- ing their claims under three wills. 162 Award, as to personal property of an intestate, that the administrators pay, &c. ; and the payee release all claims upon the estate. 163 Ditto. 164 Award respecting claims under three wiUs, where the time has been enlarged by the parties, that T. T. be- queathed to J. T. the interest of £200 for his life ; and after J. T.'s disease, bequeathed the principal to his children ; and that T. T. gave the residue of his real and personal estates (subject to his debts, &c.) to G. H., and appointed him executor ; that the estate of T. T., which came to the hands of G. H., was sufii- cient to discharge T. T.'s debts, &c. ; that a freehold Cald. 274. 4 Chit. 393. 3 Jar. 184. 1 Wilde, 596. Euss. 769. Cald. 285. 4 Chit. 400. 3 Jar. 177. Wats. 474. „ 477. Cald. 262. 4 Chit. 395. Digitized by Microsoft® AWARDS. 57 165 house in the possession of 0. H. was part of T. T.'s estate and charged by him with payment of his debts, &c., and remains chargeable with the bequest to J. T. and his children ; and T. H. as executor of G-. H. is entitled to £100, on mortgage of a public-house ; and that all demands of the claimants under the wills have been discharged : that C. H. shall within one month, deliver to T. H. all deeds and writings relating to the pubhc-house; and convey and deliver possession of the freehold premises, and all deeds, &c., to T. H. ; that 0. H. shall retain all the other effects which have or may come to her hands as executrix of J. H. (except any rents she may have received since his death, on account of the freehold estate) in fall satis- faction of all claims under the wills; that T. H. shall, out of the mortgage of the public-house, and out of the freehold premises, pay the bequest to J. T. and his children; that C. H. shall account for, and pay to T. H. within one month, all rents she has received on account of both estates, since her testator's decease ; that T. H. shall pay to 0. H. all interest she has paid to J. T. since the decease of her testator ; that T. H. shall, within one month, pay to 0. H. £12 12s. in full for all expenses of repairs ; that C. H. shall execute to T. H. a release of all demands under the wills ; that C. H. shall, within one month, deliver to T. H. all writings respecting only the estates of T. T. and Gr. H. ; that when C. H. shall have fully complied with the award, T. H. shall execute to her a similar release ; that J. H. and J. M. and J. S., in right of their wives, shall execute similar releases to T. H. and C. H. ; that T. H. shall execute to C. H. a bond in £800, to indemnify her against all demands of J. T. and his children, and all others claiming through them, or under the wills of T. T. and Gr. H. ; and that T. H. shall pay the expenses of the arbitration. Award where a testator gave his real and personal estates in trust to pay debts, &c., and then, till his youngest son came of age, to receive and apply the rents and profits in maintainiag and clothing his wife and children (excepting a married daughter) ; and when the youngest son attained 21, to sell (excepting a close devised to his son C. P. in fee) ; and to divide the surplus monies amongst his wife and children then living equally (deducting certain sums as to children he had advanced) ; J. B. P. the only acting trustee, having paid various sums to his brothers in part of their shares, and having delivered to 0. P. part of the farming stock, &c., and there being a dispute as to the sum to be allowed by 0. P. ; and J. B. P. and T. P. having had dealings together in trade, as to which disputes had arisen, the parties had agreed to refer the executorship accounts, &c., it appearing that all the estates had been converted into money (except 3 Jar. 15C. Digitized by Microsoft® 58 AWARDS. 166 167 a copyhold and a leasehold) : that J. B. P. shall •within one month, surrender to J. Gr. and F. his wife, in fee, the copyhold; that J. B. P. shall within one month, assign to E. P. the leasehold; and that E. P. shall be entitled to the rents from Lady day last ; that J. B. P. shall pay G. P. J. G. and F. his wife, S. P. and T. P. several sums ; that J. B. P. shall give E. P. a bond, with sureties, for securing her share with interest, within twelve months; that J. B. P. shall give to R. P. an infant, or to her appointee, a bond securing her share within three years ; interest to be paid to the mother for R. P.'s use ; that bonds shall be prepared at J. B. P.'s expense ; that 0. P. shall pay J. B. P. the sum found to be due from him, after deducting his share under the vrill ; that J. B. P. shall pay the expenses of the reference and award, the arbitrators having made him an allowance for that purpose; that all parties entitled to receive money under the award, shall give receipts ; and, if required, a general release to the person paying such money at his expense; proviso, that if the representatives of an attorney should receive a certain sum claimed of the executor, (but which the arbitrators believe to be unjust) then seven eighths of the sum recovered, and of the costs, shall be paid to J. B. P. by each of the other parties ; proviso, that if T. P. should be com- pelled, as acceptor, to pay a bill drawn by J. B. P., then J. B. P. shall repay him the same. Award that testator's intention was to give certain legacies and property; which the arbitrators award accordingly ; that executors shall pay M. a sum in full of all demands on the testator's estate ; that one half of the book debts owing to the testator and M. as partners belongs to M., and the other half to the testator's grandchildren ; that furniture belongs to E., and that residue of estate be equally divided amongst M. and testator's other grandchildren ; that executors shall pay M. one-half the book debts, and to each of the grandchildren an equal portion of the other half; and their unpaid proportion of the shipping concern, pursuant to an agreement between the executors and M. ; and also of such other part of the shipping concern as is not included in the agreement ; and of the residue of the testator's estate as received, to the amount of £140 ; that the devisees and legatees, and those claiming under them, shall execute releases for monies paid ; that executors pay costs of reference. Award that an intestate was indebted to C, one of his children, £139 6s.; that C. is entitled to receive £1400 as his distributive share of the residue, after paying all debts, except the £139 6s. ; and after paying two thirds of that sum ; that a chancery suit shall cease; that the administrators shall on a day named, pay 0. the £1400 with interest from ; 3 Jar. 161. 109. Digitized by Microsoft® AWARDS. 59 that on payment of the £1400 and interest C. shall, if required, execute to the administrators a general release at their costs. 168 Award under cross deeds, 'where time had been enlarged by arbitrator, that tenant was liable to rebuild a dwelling-house and premises destroyed by fire. 169 Ditto. 170 Award as to alteration of buildings. 171 Ditto. 172 Award, that plaintiff is entitled to a verdict and an award of damages. 173 Ditto. 174 Ditto, reducing the damages. 175 Award, that plaintifF is entitled to a verdict, and that the verdict be reduced to that sum. An adjudication in favour of plaintiff, as to a sum of money (on another matter in difference), which could not have been recovered at the trial. 176 Ditto. 177 Award, under a submission by agreement, that an action was properly brought ; that defendants are liable to pay costs ; also, to pay certain bills of exchange. 178 Ditto. 179 Award, under a submission by mutual bonds, that one party pay the other a certain sum, and that this be received by the other in satisfaction of all demands. No witnesses examined by the arbitrator. 180 Award, under a submission by mutual bonds, that plaintiff had good cause of action to a certain amount; that defendant pay such sum, with costs, to be taxed, &c., in full of all demands up to a particular day; and adjudging the fature rent of certain premises ; that plaintiff accept, &c., and give a receipt. Ditto. Award, under a rule of court where the time had been enlarged, that defendant pay plaintiff a sum which the arbitrators find to be due ; and that plaintiff pay costs of reference. Award, under an order of Nisi Prius, whereby it was ordered that a verdict should be entered for the plaintiff, damages, £30, costs, 40s., subject to a general reference; costs of cause should abide the event of the award, &c. ; time enlarged by court; that the verdict stand ; that defendants pay costs of reference and award; and that defendants have no claim on the plaintiff in respect of a vessel mentioned in the pleadings. 184 Award, under judge's order, that a cause be refeiTcd ; all costs to be in arbitrator's discretion; that defen- dant pay the plaintiff, at &c., a certain sum in full satisfaction of all matters referred; that each party/ 181 182 183 3 Jar. 173. 144. Cai'd. 244.' „ 270. 4 Chit. 396. Cald. 280. 4 Chit. 396. Wats. 462. 4 Chit. 394. Cald. 280. „ 250. 4 Chit. 375. Cald. 253. „ 255. 4 Chit. 374. 3 Jar. 182. „ 195. Digitized by Microsoft® 60 AWARDS. pay his own costs of the cause and reference ; a moiety of costs of award. 185 Award, under a judge's order, that proceedings cease; that defendant pay plaintiff a sum in full of all demands in the cause ; that on payment plaintiff, if required, at defendant's costs execute a general release ; each party to pay his own costs of reference and award. 186 Award by an umpire, under an order by the Lord Chan- cellor, whereby a cause was referred to the solicitors for the parties, or their umpire ; that the balance due to the defendant was £348 ; and £200 having been paid him by the plaintiff since the order of reference, that the balance now is £148. 187 Award that plaintiff is entitled to a certain sum of money, and specifying on what account this is declared to be due ; and that this award is not to prejudice the plaintiff from recorering any sums of money subse- quently paid, &c. 188 Ditto. 189 Award that certain goods ought to have been delivered to the plaintiffs ; that such goods being in the hands of a broker, and afterwards sold by him, who purchased with the money certain exchequer bills, all of which, except one, have been delivered to the plaintiffs, the plaintiffs are entitled to all such exchequer bills, and that this remaining one be delivered up to him, &c. 190 Ditto. 191 Award, under a submission by order of Nisi Prius at the assizes, that the verdict taken for plaintiff at the trial stand for him ; that defendants pay costs, &c. 192 Ditto. 193 Award, under a submission by order of Nisi Prius, a juror being withdrawn, that defendant pay at a parti- cular time and place, &c. 194 Ditto. 195 Award generally for defendant on a rule of reference. 196 Award that all demands of the plaintiff have been satis- fied; and that judgment be entered for the defendant. 197 Ditto. 198 Ditto. 199 Award that the plaintiff had no grounds of action against the defendant; that the verdict be altered accordingly. 200 Ditto. 201 Award under an order of Nisi Prius, directing verdict for the plaintiff, subject to a general reference ; that plaintiff had no cause of action; that verdict be entered for defendant; and plaintiff and defendant bear their own costs of reference and award. 202 Award, upon a reference by two orders of Nisi Prius, that, in one case, plaintiffs had cause of action ; that, in the other case, the plaintiffs (defendants in the 3 Jar. 201. „ 202. „ 204. Cald. 293. 4 Chit. 399. „ 397. Cald. 294. „ 300. 4 Chit. 392. „ 392. Cald. 303. 1 Wilde, 585. 586. Cald. 305. 4 Chit. 384. Cald. 258. 4 Chit. 400. 3 Jar. 196. Digitized by Microsoft® AWARDS. 61 former suit) had no cause of action, &c. ; that they be at liberty to take out of court the money paid into court in the last action, &c. 203 Ditto. 204 Award by one, under cross bonds of submission on a general reference, that a sum of money shall be paid by one of the parties to the other ; and that each shall give to the other a general release. 205 Award by two on cross bonds on a general reference, where the submission had been made a rule of court, and the time for making award enlarged by orders of court, that C. D. owes A. B. £3516 8s. Id. ; of which E. F. is liable for £226 12s. 6d. ; of mode of payment and security by warrant of attorney ; in case 0. D. should neglect to execute warrant of attorney, that A. B. may proceed for recovery of the whole sum ; that a contract for a mare and colt be rescinded ; that the mare and colt are the property of A. B.; that a bond given on account of the purchase of the mare and colt be can- celled or, if lost, a release given; that an annuity granted by C. D. to A. B. shall stand confirmed ; that on payment of the £226 12s. 6d. A. B. shall give E. F. a general release ; and that the costs of the reference and award shall be borne by A. B. and C. D. equally. 206 Award that an action shall cease; that A. shall pay B. £103 with taxed costs, and £6, a moiety of the expenses of the award, by instalments ; that B. shall, within ten days after payment of the whole, execute a general release to A. ; on default made in payment, the money to become instantly due. 207 Award that a sum is due to a solicitor ; that he has a lien upon the client's papers for it ; that the sum. be paid on, &c., and that the solicitor accept it in full of all demands for the business referred. 208 Award under order of Nisi Prius, directing the costs of the cause to abide the event ; and the costs of reference to be in discretion of arbitrator : that cause cease ; the defendant to pay the plaintiff a certain sum with taxed costs; and a moiety of expenses of award by two stated payments; plaintiff to execute general release at defendant's expense ; on default in any pay- ment the whole to become instantly due. 209 Award under order of Nisi Prius, that cause cease; defendant pay plaintiff a sum for holding over after expiration of lease ; and a further sum for breach of covenant to repair. 210 Award .under order of Nisi Prius, in a cause wherein executors were plaintiffs, directing verdict to be entered as arbitrators should think fit ; costs of cause as to defendant, to abide the event ; the order made a rule of court, and several enlargements of time, at defendant's request ; plaintiffs delivered a declaration Oald. 298. 4 Chit. 392. 3 Jar. 124. „ 126. „ 133. 134. „ 187. „ 189. Digitized by Microsoft® 62 AWARDS. by the bye against defendant; and a chancery suit commenced by defendant against plaintiffs, and both actions and suit pending at the time of the reference : — that, with respect to the first action, the plaintiffs had good cause of action, for principal monies due to the testator, which, with interest, amount to £ , for which plaintiffs may enter a verdict and sign judg- ment, if not paid ; to be a security only for such sums and costs as shall not be duly paid, with the costs of entering verdict, &c. ; with respect to action by the bye, that plaintiffs had good cause of action for £190 ; and, with respect to suit, that defendant shall cause bill to be dismissed with costs to be taxed, and to be paid by him to plaintiffs ; that all proceedings be stayed ; that defendant pay plaintiffs the sums awarded, with costs of actions, reference and award ; costs to be taxed. Eecital that, pending the reference, an ex- chequer bill for £400 has been purchased with defen- dant's money, and deposited to abide the event of the award ; further award, that exchequer bill be sold by 10th December; the produce, and all benefit of the bills to be paid to the plaintiffs as part of the money and costs awarded; that the plaintiffs shall accept money and costs awarded, in full of all demands, as executors. 211 Ditto. 212 Ditto. 213 Award after an action against sheriff, on a reference of all matters in difference, by a judge's order pursuant to an agreement set forth in the order, and reciting, that the plaintiff claims a house, furniture, &c., under a bill of sale, and an assignment of the lease; that another claims the value of the farniture under a fi.fa., on which the furniture has been seized by the sheriff, who has had joint possession with the plaintiff, being indemnified by claimant ; and the agreement' being that the plaintiff shall have entire possession ; and the claims referred to an arbitrator ; time several times enlarged by the court vsdth consent ; that the claimant had no right to the furniture, but that the plaintiff was entitled ; and that the claimant pay the plaintiff one shilling damages. 21i Award that plaintiff has no ground of complaint against the defendant with respect to a particular transaction ; that plaintiff has no claim to certain pews in a church ; adjudging the value of a certain ash-tree, and what part of certain premises belong to each party ; that plaintiff may come upon defendant's ground at season- able times, for the purpose of keeping a hedge, &c., in order; that a certain plantation belongs to plaintiff; that defendant take down a certain fence, and erect, and maintain when erected, a certain other fence ; that defendant be at liberty to water his cattle at a pertain piece of water without paying any compensa- 3 Jar. 190. Cald. 214. 4 Chit. 391. 3 Jar. 198. Digitized by Microsoft® AWARDS. 63 Cald. 288. „ 260. 4 Ohit. 396. Cald. 237. 4 Chit. 388. tion to plaintiff; th'at the trees in a certain plantation belong to plaintiff, and are not to be remoYed, &c., by defendant; adjusting differences in respect of some young trees, posts, and rails, &c. ; that plaintiff pay a certain sum for the before-mentioned ash-tree ; that defendant receive, &c., mutual releases. 215 Award that defendants transfer wine, then standing in their names in the books of a certain company, into the names of the plaintiffs. 216 Ditto. 217 Award, under a submission by rule of the Court of King's Bench, that defendant pay a sum of money to plaintiff; that plaintiff be allowed to collect certain joint debts, making use of defendant's name, but giving a bond of indemnity to him against any conse- quences therefrom in a certain event; that plaintiff give an account of the money arising from such debts, and pay the moiety thereof, after deducting the ex- penses, to the plaintiff, 218 Ditto. 219 Award, under a submission by agreement not under seal, adjudging the price at which a certain article, the property of one party, shall be taken by the other ; and directing an affidavit, that none of it has been sold since the now seller came to England ; that the article be delivered by the one to the other ; and that the former accept certain bills of exchange in pay- ment. 220 Ditto. 221 Award that an action be no further prosecuted; that plaintiff pay at a particular place, a sum of money by instalments at particular times, together with costs of suit, to be taxed by the proper officer, and also one moiety of the expenses of the award, that a general release be given by defendant to plaintiff, if such release, prepared at the expense of the plaintiff, be tendered at the place where the money is to be paid at the time of payment of the last instalment ; that in case of default in any of the particular payments appointed, the remainder be considered instantly due, and defendant be at liberty to have recourse to all legal means for recovering it forthwith. „ 278. 222 Ditto. 4 Chit. 394. 223 Award by arbitrators concerning matters in difference. 1 Wilde, 578. 224 Ditto. 1 Jones, 149. 225 Ditto. Bate. 358. 226 Ditto. Ship. 312. 227 Award on a judge's order of reference to an arbitrator. i Wilde, 383. 228 Award by arbitrators where suit in equity pending, and submission by indenture under seal. 4 Chit. 372. 229 Award under a submission by deed. 1 Crabb, 33.5. 230 Award of two arbitrators under a submission by cross bonds. „ 33G, „ 876. Cald. 247. Digitized by Microsoft® 64 AWARDS. 231 Award under a submission by cross bonds between a surveyor and a company. 232 Award under a submission by order of the Lord Chan- cellor. 233 Award by a single arbitrator under Lands Clauses Con- solidation Act, 1845. 234 Award by two arbitrators under the Lands Clauses Con- solidation Act. 235 Award by umpire of compensation under the Lands Clauses Consolidation Act. 236 Award confirmed on reference back. 237 Ditto. 238 Ditto. 239 Ditto. 240 Award amended on reference back. 241 Umpirage or award made by an umpire appointed by arbitrators. 242 Ditto. 243 Ditto. 244 Ditto. 245 Ditto. 246 Award as to purchase and compensation money to be paid in respect of lands taken by a railway company. 247 Award of compensation money and of accommodation works under an agreement for reference between lessees of coal mines and a railway company. 248 Awa;rd on a submission to arbitration by a vendor and purchaser. 249 Award, under a reference by a judge's order, of compensa- tion for the short loading, &c., of a vessel. 250 Ditto. 251 Award, under a submission by a judge's order, of the title to certain household goods, &c. 252 Award, under a submission by a judge's order, of the arrears of an annuity. 253 Award by arbitrators, or a nominee appointed for deter- mining the proportion of interest to be paid by incumbents, for money borrowed for the purpose of the 17 Geo. III. c. 53. 254 Award, under a submission by order of Nisi Prius, in an action of trespass; that defendant is guilty, and adjudging damages. 255 Award on a former award being sent back for recon- sideration; reciting order of Nisi Prius directing a verdict for the plaintiff, with costs, subject to reference of all matters in the cause ; order made a rule of court ; several enlargements of time ; that arbitrator ordered defendant to pay plaintiff a certain sum; rule to show cause why attachment should not issue for non-performance of award; rule enlarging rule to show cause, defendant consenting to go before arbi- trator, who was to reconsider the amount of damages ; so as the sum then awarded should be invested in 1 Crabb, 338. „ 341. Lloyd, 254. 5 Dav. 1101. Euss. 794. „ 798. Cald. 225. 4 Chit. 385. 1 Wilde, 588. Euss. 798. 1 Wilde, 599. 1 Jones, 146. 4 Chit. 386. Ship. 314. 1 Crabb, 342. 2 Prid. 651. 5 Dav. 1102. „ 1107. Cald. 229. 4 Chit. 380. Cald. 231. „ 234. 1 Wilde, 597. Cald. 284. Digitized by Microsoft® BAIL BONDS. 65 exchequer bills, and deposited at the bank, in the attornies' names, and paid to the plaintiff's attomies either wholly or partly, according to second award; enlargement of the last rule, and of the time for making award; confirmation of former award; ex- chequer bills to be delivered to plaintiff's attornies; and defendant to pay plaintiff's attornies the costs of second reference and award. 256 Statement of enlargement of the time for making the award uader clause in deed of submission to that effect. 257 Award of the costs of the reference and award to be paid in equal moieties. 258 Ditto. 259 Award that each party shall pay his own costs of the reference, and a moiety of the costs of the award. 260 Ditto. 261 Award, defendant to pay costs of cause. 262 Award, each party to bear his own costs of cause. 263 Award, defendant to pay costs of reference and award. 264 Award, some defendants to pay the costs. 265 Award, each party to pay proportion of costs. 266 Award, all costs to be added together, each to pay a pro- portion. 267 Award of costs in equity. 268 Award of certificate, cause fit to be tried before a judge. 269 Award of certificate, cause fit to be tried by a special Jury. 270 Award of certificate, action brought to try a right. 271 Award of costs, assessed by the arbitrators. 272 Award of costs, as between attorney and client ; a bill being made out by the attorney, and delivered to the party directed to pay ; that plaintiff deliver to defen- dant's attorney all letters of 0. D. in his possession. 273 Ditto. 274' Award of mutual releases. 275 Ditto. 276 Ditto. 277 Award, that each party, if required, shall execute re- leases. 278 Award that one party shall execute a release on payment of money. 279 The like, at the expense of the party released. 280 Award of mutual releases, each party to pay his own costs, and costs of reference, and each to pay a moiety of award. 281 Forms of releases directed by an award to be executed by each party. Award as to Tithes, see Tithes, post. BAIL BONDS (see Bonds, i?os/!)- 3 Jar 206. 4 Chit. 388 Wats Russ. 460. 766. Wats Russ. )j J? )) )? >> 460. 705. 765. 765. 765. 766. 766. )3 766. 766. J3 767. Wats 767. 767. 461. Cald. 283. 4 Chit. 393 Euss. 767. 4 Chit. 388 Cald. 274. Wats 402. 461. 462. 4 Chit. 392 Wats .499. Digitized by Microsoft® 66 BANKRUPTCY. BANKERS (SECURITIES TO) {see Bonds, Guaeantebs, and Moetgagbs, post). BANKRUPTCY (see also Composition . Deeds and Inspectobship Deeds, post). 1 Trust deed for the benefit of creditors. 2 Conveyance in pursuance or in contemplation of a trust deed for the benefit of creditors. 3 Agreement to be indorsed upon trust deed after execution of conveyance executed in pursuance of trust deed. i Trust deed for the benefit of creditors to accompany a previously executed conveyance. 5 Trust deed for the benefit of creditors : a concise form. 6 Statutory conveyance of a debtor's estate for the benefit of his creditors. 7 Trust deed for the benefit of creditors of debtors in trade in co-partnership. 8 Trust deed for the benefit of creditors of debtors in trade in co-partnership : a concise form. 9 Bankrupt's proposal for a composition to be paid by a surety who takes his estate. 10 Resolutions for suspending proceedings in bankruptcy and winding-up an estate by the assignees out of court. Deed for changing from an administration in court to an administration out of court by trustees. Demise of real estates for the payment of debts. 11 12 13 14 15 16 17 18 19 20 21 22 23 Assignment in trust for creditors. Ditto. Appointment and release in fee to trustees for sale, executed by a trader preparatory to a general assign- ment for the benefit of his creditors, (subject to a subsisting mortgage for a term). Conveyance of freeholds in trust for creditors (general precedent). A trust deed for the benefit of creditors, to accompany a deed of conveyance or assignment (general precedent). Deed of trust between debtors and their joint and several creditors, one of the debtors having been declared a bankrupt, and a conveyance of the freehold, and assignment of leasehold property of debtor, having been made in trust for sale for benefit of creditors. Assignment in trust in a comprehensive form. Assignment of real and personal estates for the benefit of creditors, containing many useful clauses. Assignment of all the goods, furniture, &c., of a debtor to trustees for the benefit of his creditors. Deed to secure a debt by the personal covenant of debtor, with power for creditors to insure debtor's life. Assignment of debts and effects from widow and daughter De G. & S. 93. 136. 144. 146. 161. 170. 171. 188. 283. 288. 290. 2 Crabb, 905. 1 Jones, 103. (Jreen. 180. 8 Byth. 561. 1 Crabb, 585. „ 587. 4 Chit. 463 )J 432 JJ 437 J) 416 )) 429 Digitized by Microsoft® BANKRUPTCY. 67 24 25 26 27 28 29 30 31 32 34 35 36 of au insolvent testator, to the testator's principal creditor in part satisfaction, &c. Assignment of a bond and judgment, which judgment was also a security for a simple contract debt. Assignment of a judgment in the Kings' Bench, as a security to the assignee for having given security for, and made himself liable to the payment of several sums of money on account of the assignor and his partner. Assignment of the debtor's eflPects in trust for creditors. Assignment of all a debtor's property to trustees on trust for his creditors who join to grant a release. Assignment by a debtor of all his estate and effects for the benefit of his creditors. Assignment of personal estate and effects to trustees for the benefit of creditors (concise form). Assignment of stock-in-trade, debts and effects of co- partners, for the benefit of creditors (general pre- cedent). Assignment of stock-in-trade, &c., by a trader to trus- tees upon trust for themselves and the rest of their creditors, as a security for a composition, with a letter of license. Assignment of the debtor's stock-in-trade, credits, and effects, to his largest creditor, who engages to pay to the other creditors a dividend on their debts. Perpetual covenant by creditors not to sue. Assignment of personal estate of a trader, including monies to arise from the sale of his real estate, (which is conveyed by precedent 15) to trustees, upon trusts, for the loenefit of his creditors. Covenant to assign shares of vessels. Letter of attorney, and other usual clauses. Assignment of the joint and separate estates of three partners engaged in a large business as clothiers, '(including the produce of estates conveyed by separate deeds), upon trust for sale and conversion, for the benefit of their joint and separate creditors. The separate debts of the respective partners being in- sufficient to ground a commission in bankruptcy upon, the separate creditors are not made parties. Power to the trustees to carry on the business for a certain jDcriod, and usual clauses. (Variation where the separate debts being considerable, the separate creditors are made parties ; also containing some special clauses applicable to bankers). Assignment of joint and separate estates of partners in trust for creditors ; one of partners having been declared a bankrupt. Assignment of the joint and separate property of two debtors, who had been in partnership, upon trust for the creditors, with a condition that if a certain com- position be paid or fully secured within two months, the trustees may reassign to the debtors, the creditors covenanting not to sue. 4 Chit. 452. „ 459. „ 460. Sills, 84. Grif 122. 1 Crabb, 609. „ 616. „ 601. 1 Jones, 114. 8 Byth. 550. „ 569. „ 586. 4 Chit. 447. Grif. 124. F 2 Digitized by Microsoft® 68 BENEFICE. 37 Heads oi agreement between debtor and creditors, preparatory to the execution of a more formal in- strument. BARGAIN AND SALE. 1 Bargain and sale (to be enrolled). 2 Ditto. 3 Ditto. 4 Bargain and sale by tenant in tail in possession to a purchaser. 5 Ditto. (Variation where the widow of the deceased owner joins in order to release her dower.) 6 Ditto. 7 Bargain and sale for a year, adapted to a common appoint- ment and release, or a release alone, to uses to prevent dower ; or to a release in fee at common law. 8 Bargain and sale for a year. 9 Bargain and sale for a long term of years by way of mortgage. 10 Bargain and sale of copyholds under a power of sale in a will. 11 Ditto, to joint tenants. 12 Ditto, the persons interested in the purchase-money cove- nanting for title. 13 Ditto. 14 Ditto. 15 Bargain and sale of copyholds by a tenant for life under a power in an Inclosure Act, to defray the expenses of the inclosure, the commissioners beiug made parties. 1 6 Bargain and sale of copyhold hereditaments by trustees under an Act of Parliament, with the consent of tenant for life, to a purchaser, and covenant to produce copies of court roll, &c. 1 7 Bargain and sale (to be enrolled) of copyholds, part of a bankrupt's estate, by the commissioners, with the con- currence of the assignees and a mortgagee, to a pur- chaser. 1 8 Ditto ; and authority to a third person to surrender. 19 Ditto. 20 Bargain and sale of timber. 21 Bargain and sale of timber growing upon an estate by the owner of the inheritance (with variations). 22 Bargains and sales of goods. 23 Ditto. BARON AND FEME. Conveyances by ; see Conyeyahces, post. Mortgages by ; see Moetgages, post. BENEFICE {see Advowsons, anie). 8 Byth. 547. Ship. 364. 1 Jones, 151. 2 Hay. Intr. 79. 2 San. 145. Sweet, 204. 9 Jar. 281. 3 Jar. 255. 2 Hay. Intr. 8G. 83. Hous. 96. 2 Dav. 331. 1 Jones, 165. Sweet, 183. 9 Jar. 424. 602. 1 Jones, 156. Sweet, 185. 1 Jones, 169. 9 Jar. 546. 1 Crabb, 459. 2 Wilde, 47. 1 Crabb, 460. 1 Jones, 153. Digitized by Microsoft® BENEFIT BUILDING SOCIETIES. 69 BENEFIT BUILDING SOCIETIES. Eules. 1 Eules of the National Freehold Land Society. 2 Eules and regulations of a permanent building and investment society. 3 Eules for a permanent society. 4 Forms for a permanent society. 5 Precedent of rules for a friendly society established under the Act 13 & 14 Yict. c. 115. C Ditto. 7 Formation of society, provisional regulation, — covenant and testatum. 8 Power of attorney to sign deed of settlement. 9 Eules of an industrial and provident society. 10 Eules for a permanent benefit building society. 11 Abstract of deed of settlement of the Folkestone Tontine Building Company. Mortgages. 12 Mortgage of freeholds to a benefit building society, to secure subscriptions on advanced shares, with powers of leasing and sale, and other powers. (Variation for mortgage of copyholds.) 13 Ditto. 14 Mortgage of freeholds to a benefit buildins: society. 15 Ditto. 16 Ditto. 17 Ditto. 18 Ditto. 19 Ditto, by way of appointment. 20 Ditto, by grant and release. (Variation where the assur- ance is by demise.) 21 Security in Freehold property. 22 Security on copyhold property, being a deed of covenant to surrender, &c. 23 Conditional surrender and admission thereon, when the property is purchased when mortgaged. 24 Conditional surrender of copyhold when the property belongs to the borrower. 25 Mortgage of copyhold or customary estate. Conditional surrender out of court of copyholds. 26 Conditional surrender out of court of copyholds. 27 Deed of covenants to accompany surrender of copyholds. 28 Precedent of a mortgage by an advanced member of a permanent building society to the trustees. 29 Precedent of a further charge upon the hereditaments comprised in the last precedent. 30 Another precedent of a mortgage to a building society. 31 A very short form of security to a permanent society. 32 Further charge on freehold property. Thom. 163. Davis, 437. Stone, 222. „ 255. James, J. S. 434. James, F. S. 55. James, J. S. 2G7. 521. Pr. J. & P. S. 35 Pr. B. B. S. 55. Stone, 79. 2 Dav 123G. 5 Dav 1055. Hayes 802. iPrid . 525. Green 299. Pr. B. B. S. 79 Thom. 190. i} 199. 2 Hug . 58. StonGj 260. )j 272. !J 277. JJ 279. Thom. 201. ;; 203. J) 204. Davis, 466. „ 470. „ 472. 477. Stone, 268. Digitized by Microsoft® 70 BILLS OF EXCHANGE. MOETGAGES — conMiued. S3 Memorandum of deposit of deeds as an equitable security. 34 Form of receipt to be indorsed on mortgage deed pursuant to 6 & 7 Will. IV. c. 32, s. 5. 85 Ditto. 36 Ditto. 37 "Warrant to vacate conditional surrender. 38 Mortgage of leasehold estates to a benefit building society. 39 Ditto. 40 Ditto. 41 Ditto, by demise or assignment. 42 Ditto. 43 Ditto. 44 Ditto. 45 Ditto. 46 Security on leasehold property by under-lease. 47 Security on leasehold property by assignment from prior mortgagee and borrower. 48 Further charge to a building society in respect of additional shares. 49 Ditto, by indorsement on the mortgage deed. 50 Ditto. Scotch Securities. 51 Bond and disposition in security from a debtor to his creditor. 52 Disposition by one person in favour- of the trustees of a benefit building society. 53 Relative bond to the foregoing disposition. 54 Security for a further advance from the trustees of a building society. BEQUESTS {see Wills, post). BILL OF CREDIT {see Letter of Ceedit, post). BILLS {see Parliamentary Forms, j?os!t). BILLS OF EXCHANGE {see also 'P-r.ot-e.&is,, post). 1 Inland bill. 2 Ditto. 3 Forms of foreign bills, &c. 4 Ditto. 5 Promissory note. 6 Draft to order or demand. 7 Note of hand vrith surety. 8 Note of hand as collateral security, which may be given instead of bond on small mortgages. Davis, 477. „ 466. 1 Prid. 618. 2 Hug. 403. Stone, 281. Thorn. 193. „ 196. Green. 302. 2 Dav. 1248. 5 Dav. 1063. Hayes, 807. 1 Prid. 527. Pr. B. B. S. 82. Stone, 292. „ 282. 2 Dav. 1254. 5 Dav. 1069. Pr. B. B. S. 84. Davis, 478. „ 479. „ 480. „ 482. R. P. M. 60. 4 Chit. 342. „ 340. R. P. M. 61. „ 61. „ 61. „ 177. 1 Rouse, 449. Digitized by Microsoft® BILLS OF EXCHANGE. n 9 Protest of a bill on non-acceptance. 1 Protest of a bill on non-acceptance, when the drawee has neglected to leave orders with his clerks. 11 Protest of a bill on non-acceptance, when the drawee's place of business is shut up, (and he has become bank- rupt or insolvent). 12 Protest of a bill on non-acceptance, when the drawee can- not be found, or when there is no such person. 13 Protest of a bill on non-acceptance, when a copy, or a memorandum of the principal contents of it, has been exhibited in the absence of the original, and acceptance has been demanded. 14 Protest of a bill on non-payment. 15 Protest of a bill on non-payment, when the house or place where it is made payable by the acceptance is shut up, and no one is there to give an answer. 16 Protest of a bill for better security. 17 Protest of a bill on non-payment, when the original has been lost before maturity, and a copy, or the second of exchange of the same set, is presented for payment. 18 Protest of a bill, by a resident person in a place where there is no notary. 19 Protest for non-payment of the whole amount of a bill. 20 Note of protest for non-delivery of a bill. 21 Act of honour on acceptance supra protest, by a third per- son, for the honour of drawer (or indorser). 22 Act of honour on acceptance supra protest, by the drawee, for part of the amount, for the honour of the drawer. 23 Act of honour on acceptance supra protest, by a firm of third persons, through the medium of an agent, for the honour of the drawers. 24 Act of honour on acceptance supra protest by the drawees, for part of the amount, for the honour of the drawer, and for the residue, for the honour of an indorser. 25 Act of honour on acceptance supra protest, by a person merely as an agent on behalf of a firm, for a part of the amount, and by the same person in his individual capacity for the balance. 26 Act of honour on payment supra protest, by a firm of third persons, for the honour of the drawers and indorsers. 27 Act of honour on payment, supra protest, of part of the amount, by the drawee, through the medium of an agent, for the honour of the drawer. 28 Act of honour on payment, supra protest, by a firm of third persons, of the balance of a bill, (after payment of a part by the drawee,) for the honour of the drawer. 29 Post act upon a bill previously protested for non-accept- ance (or non-payment), and referred in case of need to a party in London, who interfered for honour of one of the indorsers. •ooke 203. ?) 204. ;) 204. 5? 205. J) 206. J? 206. JJ 207. J) 208. 209. J) 210. r J 217. )J 218 J) 211 5J 211 51 212 }} 213 J) 214. JJ 215. ?J 215 ! ) 216. 218. Digitized by Microsoft® 72 BILLS OF SALE. BILLS OF LADING {see also CHARTBEPAaTiES and Shippikg, posl). 1 A bill for lading (ger.eral form). 2 Ditto. 3 Ditto (steamer). 4 Ditto. 5 Bill of lading usually adapted on receiving goods home- wards from "West India Islands, with comprehensive exception of risks. G Bill of lading of goods from Virginia to Liverpool, with exceptions only as to dangers of seas. 7 Bill of lading, engaging ship shall go with convoy. BILLS OF SALE {see also Bankeuptcy, ante, and Hypothecation, post). 1 Usual printed form of an absolute bill of sale. 4 Chit. 197. 2 Bill of sale, absolute. 1 Eouse, 442. o Ditto. Byrne, 211. 4 Ditto. B. P. M. 64. 5 Ditto. 1 Crabb, 477. G Ditto, of goods. Bate. 363. 7 Ditto. 1 Prid. 661. 8 Ditto, of goods and chattels. Byrne, 209. 9 Usual printed form of a bill of sale, with a clause for re- demption on payment of a named sum. 4 Chit. 198. 10 Bill of sale by way of mortgage. Dav. Con. 209 11 Ditto. 1 Eouse, 443. 12 Ditto. Hous.152. 13 14 Ditto. Ditto. H. L. F. 138. E. P. M. 65. 15 Ditto. Bate. 364. 16 Ditto. Green. 183. 17 Ditto, of goods and merchandize. 1 Crabb, 478. 18 Ditto. 1 Jones, 410. 19 Ditto, with stringent conditions. Byrne, 227. 20 Bill of sale of furniture. 2 Dav. 1133. 21 Ditto. Ship. 317. 22 Ditto. Hayes, 484. 23 Ditto. H. L. P. 134. 24 Ditto. 1 Prid. 662. 25 Ditto, and stock in trade. 1 Crabb, 479. 26 Bill of sale by way of mortgage of furniture (present and future). Byrne, 212. 27 Ditto. 1 Prid. 666. 28 Bill of sale to secure debt and present loan. Wilk. 263. 29 Short Ijill of sale to secure an antecedent debt 1 Crabb, 481. 30 Bill of sale by way of mortgage of the machinery and plant belonging to a colliery, includin g after ac- quired plant to secure a present and future ad- vances. 1 Prid. 668. 2 Crabb, 1483. 4 Chit. 324. 2 Crabb, 1484. 2 Wilde, 71. 4 Chit. 323. 324. 324. Digitized by Microsoft® BILLS OF SALE. 73 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Bill of sale by way of mortgage of present and future growing crops and farming stock. Bill of sale by an innkeeper of the goodwill of his business and of his stock-in-trade and effects by way of collateral security for principal money and interest, secured by a mortgage of the leasehold premises where the business is carried on. Powers to sell and lease. Mortgage of goods by an innkeeper to his landlords, (who are in partnership as brewers,) to secure a floating balance to the firm for the time being. Bill of sale of goods and chattels for securing the payment of a sum of money, with variations, where it is given only as a collateral security, and accompanied by a bond or warrant of attorney ; and also where it is made to a purchaser. Bill of sale of goods and merchandises by indenture. Bill of sale (conditional) of all a trader's household furni- ture, stock-in-trade, and effects, for securing a present advance, with power for the mortgagee to dispose of the trader's after acquired property. Bill of sale of household furniture and effects, with powers of sale. Variation where the assurance is intended to embrace after-acquired property. Bill of sale of goods and chattels in and about the mortgagor's dwelling house. Declaration that mort- gagee may sell after default. Covenant by mortgagee not to sue until default. Special provision as to no- tice. Bill of sale of goods, etc., for securing the payment of a sum of money (with variations). Bill of sale (conditional) of part of a trader's household furniture and effects, to his creditor for securing a debt to be paid by instalments. Bill of sale by way of settlement in marriage, upon the usual trusts, with variation where the property settled belongs to the wife, and it is intended to determine the husband's interest in the event of bankruptcy. Bill of sale of all a trader's estate for the benefit of all his creditors. Bill of sale for securing the payment of a sum of money (with variations, where it is given only as a collateral security, accompanied with a bond or warrant of at- torney). Bill of sale given by a trader to a firm with whom he is about to deal on credit. Mortgage by brewers of a brewery, and the plant, machinery, etc., with a power of sale, and powers of distress for interest in case of default. Mortgage of leasehold premises, and present and future machinery and plant. Mortgage of waggons by a trader to a Joint Stock Banking Co. to secure the balance of his account current. Mortgage of personal estate. 1 Prid. 674. „ 676. Sweet, 66. 4 Chit. 195. SJ 200. Byrne, 218. 2 Hug 283 6 Jar. 277. 2 Wilde, 52. Byrne, 224. » ^^£4, ?> 254. 1 Crabb, 489 Byrne, 239. 1 Prid 682. )7 688. J) Moore, 689. 178. Digitized by Microsoft® 74 BILLS OF SALE. 49 Bill of sale from sheriff. 50 Ditto. 51 Ditto. 52 Ditto. 53 Bill of sale by a sheriff in which the debtor does not join. 54 Bill of sale by a sheriff to the execution creditors who are co-partners in trade, and in which the debtor joins. 55 Mortgage of ship, to secure principal sum and interest. 56 Mortgage of ship, to secure account current, &c. 57 Bill of sale of a ship at sea by a sole owner. 58 BiU of sale (concise) of a ship from two persons of their respective parts. 59 Ditto. 60 Bill of sale of a part of goods on board a ship in conside- ration of a debt. 61 Bill of sale by a seaman of wages as a security for a debt. 62 Mortgage by bill of sale of a ship by a sole owner. (Varia- tion where the mortgagor is part owner only.) 63 Ditto. 64 Bill of sale of parts of goods on board a ship, (the other parts being salvage, the ship having been taken by the French, and re-taken) in consideration of a debt, with a covenant from the bargainer to be answer- able for the surplus value beyond the amount of the debt. 65 Bill of sale of a ship, for security of money lent on bond. 66 Bill of sale of a ship. 67 Ditto. 68 Grand bill of sale of a ship by deed, before registry under the stat. 8 & 9 Vict. c. 89. 69 Bill of sale of wages due from the Honourable East India Company. 70 Bill of sale of wages due, etc., from a ship in the South Sea service, as a security for a previous debt. 71 Assignment under a bill of sale, of after acquired property of the mortgagor, in exercise of a power of attorney vested in him for that purpose, by the original mortgage deed. 72 Assignment of a trader's after acquired property, by the holder of an original bill of sale, in pursuance of a power vested in him, for that purpose, by the original deed. 73 Assignment of an absolute bill of sale of goods. 74 Ditto. 75 Ditto, indorsed upon or annexed to the bill of sale. 76 Assignment of a conditional bill of sale. 77 Ditto. 78 Ditto. 79 Ditto, annexed. 80 Affidavit to be filed pursuant to Act for registering bills of sale. 81 Ditto. R. P. M. 67. Bate. 366. 1 Rouse, 488. 1 Orabb, 487. Byrne, 251. „ 249. 2 Crabb, 1470. „ 1471. 2 Wilde, 57. „ 65. 4 Chit. 221. 2 Wilde, 67. „ 69. 6 Jar. 273. 4 Chit. 219. „ 201. 222. 2 Crabb, 1468. Ship. 540. Abb. Ap. 392. 4 Chit. 208. „ 209. 2 Hug. 288. Byi-ne, 241. „ 237. 1 Crabb, 358. 1 Wilde, 449. Byrne, 238. 1 Wilde, 451. 1 Crabb, 358. 4 Chit. 198. 1 Prid. 692. Byrne, 263. Digitized by Microsoft® BONDS. 75 82 Affidavit of execution of a bill of sale. 83 Ditto. 84 Ditto. 85 Affidavit by the attesting witness of the execution of bill of sale by sheriff. 86 Affidavit renewing registration. 87 Satisfaction on conditional bill of sale. 88 Ditto. 89 Ditto. 90 Certificate of satisfaction to be written on bill of sale or copy. 91 Affidavit of attesting witness to a certificate of satisfaction of a bill of sale. 92 Affidavit verifying satisfaction on conditional bill of sale. 93 Ditto. 94 Ditto. 95 Ditto. 96 Affidavit by claimant under a bill of sale in support of a claim. 97 Notice of assignment of personalty as security. 98 Notice of assignment for benefit of creditors, to be in- serted in the Gazette, and other papers, pursuant to the statute. 99 Declaration by two witnesses that purchaser has been placed in possession of goods in bill of sale. 100 Declaration by donee of bill of sale that the principal moneys and interest thereby secured have been paid. 101 Declaration (in lieu of oath, under 5 & 6 Will. IV. c. 62,) to be made by grantor of bill of sale of goods, that there are no incumbrances affecting them, etc. 102 Notice by mortgagee under a bill of sale demanding pay- ment of principal and interest. BONDS. 1 Forms of bonds. 2 Ditto. 3 Single bill or bond. 4 Conunon bond (with variations). 5 Ditto. 6 Obligatory part. a. One to one, or to two or more. i. Two to one or more. c. Three or four to one or more. 7 Ditto. 8 Conditions — money and interest. 9 Ditto. 10 Bond for payment of money and interest. 11 Ditto. 12 Ditto. 13 Ditto. 1 Eouse, 491. Bate. 368. R. P. M. 67. Byrne, 252. R. P. M. 69. 1 Rouse, 491. R. P. M. 68. Bate. 368. Byrne, 264. „ 265. R. P. M. 68. Bate. 368. 1 Rouse, 492. 1 Crabb, 51. Byrne, 266. ' „ 266. „ 262. 1 Prid. 662. „ 693. Byrne, 268. ,, 267. R. P. M. 69. Ship. 319. Hurl. 145. Bird, 3. 2 Wilde, 164. Bate. 369. 1 Crabb, 497. Bate. 369. Hurl. 145. R. P. M. 70. Green. 189. Hurl. 145. 1 Crabb, 544 Digitized by Microsoft® 76 BONDS. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Bond by one obligor to one obligee (for payment of a sum of money and interest on a certain day). Joint and several bond. Joint and several condition. Bond by several to one for payment of a sum of money and interest. Bond from one or more obligors to one or more obligees, for payment of money and interest at one period. Common bond for payment of money at one time, with variations where it is to be paid by instalments ; also where there are two or more obligors or obligees. Separate bond of iive different obligors in separate penalties, conditioned for performance, by the principal, of certain acts. Bond to secure the payment of future advances. Bond to secure the repayment of £1,000 and interest. (Yariation where a surety concurs.) Bond for payment of money and interest, either in one sum or by instalments, and either with one, two, three, or more obligors, or one, two, three, or more obligees. Indorsement on bond, charging freeholds and leaseholds with the money secured by bond, and judgments ; and agreement at request to execute a mortgage. Bond from one to two, for payment of £1,180, by four instalments ; which obligees have agreed to take in dis- charge of a debt of £3,030, if the instalments be regu- larly paid. Bond from one to one, for payment of a sum at the end of eight years, and interest quarterly ; on any default for twenty-eight days after demand, the whole to become immediately due ; Proviso, that bond is given on con- dition, that notice of every assignment shall be given to the obligor's solicitors. Bond for payment of money by instalments. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Bond conditioned for the repayment of £100 by monthly instalments. Bond by one to several for the payment of a sum of money by instalments. Bond to accompany a mortgage to secure the repayment of principal moneys and interest by half yearly instal- ments. Variation where a policy of assurance has been assigned as an additional security. Bond by the father of an apprentice to provide him with clothes, &c., during his apprenticeship. Bond from a part owner of a ship, that another part owner (abroad) shall join in executing a bill of sale. Hous. 187. Hurl. 145. „ 146. 5 Dav. 746. 1 Jones, 174. 4 Chit. 234. „ 235. 1 Crabb, 547. 2 Hug. 405. 3 Jar. 484. „ 487. „ 487. „ 489. E. P. M. 70. 1 Jones, 176. Hurl. 146. 2 Prid. 506. 2 Hug. 407. C. 180. 1 Crabb, 547. H. L. F. 169. 5 Dav. 747. 2 Hug. 408. 2 Wilde, 91. 96. Digitized by Microsoft® BONDS. 77 39 40 41 42 43 44 45 46 47 48 49 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Bond from an infant to execute conveyance when of age. Bond that an infant, when of full age, shall convey. Ditto. Ditto. Bond given to marry a woman within a given time, or in default, to pay a sum of money. Ditto. Ditto. Bond from a merchant or other person for repayment of sums which may be advanced to himself or a third person by virtue of a letter of credit. Bond to a trustee for payment of a yearly or weekly allow- ance to a wife for her support on separation. Bond for securing the payment of an annuity to a grantee during the life of a grantor (with variations). Bond from a merchant to pay bills of exchange to be drawn upon him by his father abroad. Bond from a debtor to pay composition agreed to be accepted by his creditors. Bond from a piu-chaser for payment of legacies or j)ortions chargeable on the estate when minors become of age. Bond for payment of money to accompany mortgage in fee (with variations). Ditto. Bond from the purchaser of an equity of redemption to pay off the mortgage money and indemnify the mort- gagor. Ditto. Bond for payment of money advanced upon the deposit of title deeds. Bond by husband to pay trustees a sum lent to him in pursuance of a power in marriage settlement. Bond by an intended husband for payment of a sum of money to wife on surviving her husband (with varia- tions). Bond for securing a sum of money by the intended hus- band to the wife, in case she shall survive her husband without issue, but if issue, then such sum to trustees upon trust, &c. Bond accompanying marriage settlement for securing £1,000 to wife if she survives husband or dies leaving issue with the interest to her for life. Bond for securing a sum of money by the intended hus- band to the wife and the issue of the marriage. Bond by an intended husband upon his marriage for the payment of a sum of money (or an annuity) to his wife or her appointees upon his decease if she survive him, and to permit her to make a will. Bond that the obligor shall suffer his intended wife to make a will. Bond from a father to pay a sum for his daughter's fortune within a certain time after the marriage. Bond for securing the payment of a sum to trustees in contemplation of the marriage of a daughter. 2 Wilde, 98. 1 Crabb, 516. Bird, 12. 1 Jones, 190. 2 Wilde, 138. 1 Jones, 185. 1 Crabb, 541 . 2 Wilde, 142. 143. 145. „ 157. „ 158. „ 163. „ 168. 1 Jones, 187. 2 Wilde, 172. Ship. 322. 2 Wilde, 174. „ 175. „ 177. 1 Jones, 197. Green. 188. 1 Crabb, 536. 2 Wilde, 179. 1 Jones, 182. 1 Crabb, 537. 2 Prid. 510. Digitized by Microsoft® 78 BONDS. 66 G7 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Bond from two trustees and executors to the two other joint trustees and executors, for the payment of a" sum authorised by testator to be lent to obligors for a limited period, and interest ; principal and interest to be paid according to the directions of the will. Bond by two legatees for payment of annuity to widow of testator for life, with a proportional part, pursuant to a condition in the bequest. Bond from an attorney in the country, and two sureties, to his agent in London, for securing money due, and to become due, on account. Ditto. Bond for purchasing and transferring stock, after six months' notice, being the amount of stock sold for the obligor's benefit; and for paying the amount of the dividends in the mean time. Bond to two executors from two persons who were debtors by bond to the testator, for investing in the names of the executors, within a given time, so much stock as the amount of the debt would purchase at the date of the bond ; and to pay the amount of the dividends in the meantime. Bond from four to one, for replacing East India stock on request ; and for paying the amount of the dividends in the meantime. Condition in bond for replacing stock. Bond to transfer to the obligee bank annuities lent to the obhgor (with variations). Ditto. Joint and several bond to replace stock transferred, and pay the intermediate dividends. Another to replace stock sold out, and pay the inter- mediate dividends. Ditto. Bond from residuary legatee to executor, for payment of legacies after obligor's death, where testator gave legacies to be paid six months after the death of the residuary legatee, with interest from her death; and directed her, within one month from his decease, to give a bond to his executor, for paying the legacies accordingly ; but, if she neglected to give the bond, he revoked the bequest to her. Bond from purchaser to vendor of an estate charged with legacies payable to two infants, when they respectively come of age, where it had been agreed that part of the purchase-money, being amount of legacies, should remain in purchaser's hands, for paying legacies as infants come of age ; and if both, or either of them, should die under age, then to pay legacies or legacy to the vendor within three months; and for paying to vendor interest on legacies in the interim. Bond to refund a legacy in case there shall prove to be a deficiency of assets (with variations). Bond from legatee to an executor on payment of the 3 Jar. 49L „ 492. „ 514. 2 Wilde, 156. 3 Jar. 516. „ 517. „ 522. 1 Crabb, 555. 2 Wilde, 230. 4 Chit. 243, „ 244. „ 245. Hurl. 153. 3 Jar. 524. „ 52G. 2 Wilde, 206. Digitized by Microsoft® BONDS. 83 84 85 86 87 88 89 90 91 92 93 94. 95 96 97 98 99 100 whole legacy, or a part, to refund, if there should be a deficiency of assets. Bond from the president, and two of the governors of a workhouse, to executors, to refund a legacy given to the workhouse, in case of a deficiency of assets. Bond by tenant for life, who had power to lease only for twelve years, but who had contracted to grant a lease for twenty-one years, that, at the end of twelve years, for which a lease had been granted, the immediate reversioner should, upon lessee's request, grant another lease for nine years, at the same rent, &c. Bond to purchaser of infant's estate in fee, that if infant, or his heirs, should for six months after being capable, refuse to make title and execute conveyance, to repay the purchaser a sum paid in part of the purchase- money, with interest, and liquidated damages. Bond that a married woman, being a minor, shall execute and acknowledge a conveyance on coming of age. Bond for the performance of covenants. Ditto. Bond for performance of covenants in mortgage or annuity deed. Ditto. Bond from two vendors, and their surety, to purchaser, for performance of vendor's covenants to convey. Bond for performance of covenants in a grant of the next presentation to an advowson. Bond for performance of covenants (and indemnity) on dissolution of co-partnership. Bond for payment of rent and performance of covenants in a lease (and to indemnify the vendor) ; with variations. Bond from a lessee and his surety to pay rent according to lease. Bond to perform award upon the submission of disputes to arbitration. Bond for the performance of an agreement. Bond fi'om vendor to purchaser, to procure assignment of outstanding term. Bond from four obligors to purchaser that infant, and those claiming through him, or his mother deceased, shall within six months after he attains 21, or, in case of his death previously, his heirs, &c., or those claiming through him or his mother, shall convey freehold and surrender copyholds, to an undivided part of which the infant is entitled in common with the obligors ; and of which a conveyance and covenant to surrender to the purchaser has been executed by the obligors, the in- fant, and others, by indentures of even date, and the obligors and infant have been paid their shares of the j)urchase-money, and that, in the meantime, the pur- chaser, his heirs, &c., shall quietly enjoy the premises without any interruption from the infant, his heirs, &c. Bond from vendor to purchaser, that he will, at his own expense, within — months, procure the heirs of a 3 Jar. 527. „ 529. 554. „ 555. Moore, 48. 1 Jones, 195. Bird, 11. 3 Jar. 557. Hurl. 166. 3 Jar. 558. 2 Wilde, 192. 194. 186. 1 Jones, 180. 2 Wilde, 189. 3 Jar. 558. „ 561. 562. Digitized by Microsoft® 80 BONDS. trustee to convey the legal estate to the purchaser ; or repay purchase money at the end of such ^ — months on having premises reconveyed, free from incumbrances, ■waste, and damages; and that the purchaser may receive rents in lieu of interest in the interim. 101 Condition to convey a messuage, &c., and to permit the obligee to receive the rents in the meantime. 1 02 Bond from purchaser under the Commercial Road Act, to the trustees, to keep in repair a road from the land purchased to communicate with the new road. 103 Bond to repair a road. 104 Bond from the legatee of leaseholds, to an executor, con- ditioned to indemnify the testator's estate against the rents and covenants ; and also against any loss by reason of deficiency of assets or otherwise. 1 05 Bond by vendor to purchaser, conditioned to substantiate title to the redeemed land-tax, within six months. 106 Bond not to carry on business within half a mile for a certain number of years, nor to solicit custom of per- sons mentioned in a schedule. 107 Ditto. 108 A single bond or bill, where the total amount of the money secured, is uncertain and without limit. 109 Bond not to carry on a certain trade within a given distance. 110 Bond, that if a person follows a trade within the cities of London and Westminster, or within the Bills of Mortality, he shall pay a certain sum. 111 Bond to secure the value of certain goods sent on a venture to the East Indies. 112 Bond from two persons to repay what bills of excliange the obligor shall pay for them in L, with interest, and they to pay what bills he shall draw on them at M. 113 Bond from two merchants to pay bills of exchange, which two factors shall draw on them to the value of £ , being for certain parcels of goods by them laden on board several ships by their order and for their use. 114 Bond from two persons who had given their separate notes to a tradesman for goods sold to them severally, for securing the payment to each other's notes. 115 Bond to produce, when found, title deeds which have been mislaid. 116 Bond by a creditor to prove a debt for the issuing a commission of bankruptcy. 117 Bond by an attorney signing a purchase deed in the name of his principal, to return the purchase money if the principal be not alive at the time of signing. 118 Bond to return a part of the premium given with apprentice if he die within a given period. 119 Bond for payment of part of purchase money retained on account of minority or other cause. 120 Bond from a surviving partner for the payment of share to the executors of deceased partner (with variations). 3 Jar. 566. 1 Jones, 186. 3 Jar. 574. 1 Crabb, 553. 3 Jar. 583. „ 586. „ 587. Hurl. 146. 3 Jar. 589. 2 Wilde, 229. 4 Chit. 193. „ 202. ,, 231. „ 231. » 231. 2 Wilde , 202 ?J 204. )> 209 J> 216 182 184. Digitized by Microsoft® BONDS. 121 122 123 124 125 126 127 128 129 130 131 132 133 Bond by sumving partner for payment of the estimated value of deceased partner's share, by instalments, to his executors, and for indemnifying his estate against the partnership liabilities. Bond for the payment of money left in trade. Bond by the obligor and two sureties for securing the payment, by instalments, of a sum advanced to him by an assurance office and for the due payment of the premiums on a policy effected on his own life in the said office. Bond to reside upon a parsonage and to resign in favour of the patron. Bond, instead of deed of covenant, on mortgage of copy- hold. Bond to secure a debt by cognovit in an action brought, and by insurance of the obligor's life, in which the father joins. Bond by more than two obligors to more than two obligees (for payment of subscriptions, &c., to a benefit building society). Condition of a bond to supply a deficiency in qualified covenants which ought to have been general. Bond between partners who had neglected to account, to employ two persons of their own nomination to make out their accounts and abide thereby. Bond for payment of a sum of money to a person as a recompense for recovering an estate for the obligor. Bond to one bound for the obligor in a bond for the payment of money. Condition to save harmless from paying rent, where the title is in question. Bond to pay money on death or marriage. Mortgage Bonds. 134 Mortgage bond. 135 Ditto. 136 Ditto. Bail Bonds. 137 Common form of a bail bond. 138 Ditto. 139 Ditto. 140 Special bail bond. 141 Bond to pay purchase money of timber, according to conditions of sale. 142 Bond given by a customer to bankers for securing the re-payment, of money they may advance beyond the balance in their hands (with variations) . 143 Bond by a customer and surety to secure a present debt and floating balance to bankers. 2 Prid. 517. 1 Crabb, 548. 2 Prid. 518. 1 Crabb, 556. 1 Kouse, 448. 1 Crabb, 518. Hous. 189. Bird, 9. „ 16. 2 Wilde, 181. 1 Jones, 183. „ 184. „ 187. 1 Crabb, 542. 1 Eouse, 447. Ship. 322. 1 Crabb, 514. Ship. 329. Hurl. 149. 1 Crabb, 515. Bate. 372. 2 Wilde, 149. „ 152. Ci Digitized by Microsoft® 82 BONDS. 144 Condition in a bond to bankers. 145 Bond by principals and sureties to secure a banking account. 146 Bond from two principals and their two sureties, to four bankers, for securing sums advanced and to be ad- vanced for the principals, by the firm of the banking- house for the time being, with interest and commission, and with a proviso limiting the amount of money to be recovered under the bond. 147 Bond from a tradesman and his two sureties, to bankers, to secure to the firm of the banking-house, for the time being, a balance on account current with the principal, or with him and any partner or partners ; proviso limiting the amount to be recovered, the bond to be a continuing security to that amount. 1 48 Bond from two persons to London bankers, to pay such sums as the bankers shall advance in answering drafts or bills to be drawn on them by a mercantile firm in the country, not exceeding a certain sum, and to indemnify the bankers from all losses, &c., on account of accepting and paying such drafts or bills. 149 Bond from two sureties to London bankers, for payment . of such sums already, or to be hereafter advanced to co-partners, with interest, as the co-partners shall not pay, but the sureties to be only liable to a certain amount (variation providing that the sureties having paid to the full amount of their liability, shall not compete with the obligees against the principal's estate). 150 Bond from principal and sureties for securing running account with banker for money advanced and bills discounted. 151 Bond of indemnity from sureties to secure bankers sums to be advanced to a certain amount, where it is in- tended that the liability of the sureties shall extend to any subsequent change in the partnership of the obligees. 152 Bond to account for the value of goods entrusted to a special agent abroad for sale. 153 Bond from a nominee to an ordinary (and his surety) for duly accounting and applying money borrowed for building or repairing the residence of an incumbent. 154 Bond from a renter warden to a company duly to account. 155 Bond from a broker to account for goods delivered to him for sale. 156 Bond from a surveyor of high roads to account for moneys coming to his hands. 157 Bond fi'om a surveyor of turnpike roads duly to account. 158 Bond from the surveyor under the General Turnpike Act, 3 Geo. IV. c. 126. 159 Bond from a (treasurer or) manager of a joint stock or other public company (and surety) duly to account, &c. Ship. 321. 5 Dav. 749 3 Jar. 500. 505. 508. „ 511. 1 Crabb, 544. Hurl. 158. 2 Wilde, 80. 83. 84. )j 77. j> 87. J) 88. Wool. W . 575 2 "Wilde, 89. Digitized by Microsoft® BONDS. 83 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174: 175 176 177 178 179 180 181 182 183 184 Bonds for Faithful Service. Bond by a clerk (with a surety) duly to account for what may come to his hands. 2 Wilde, 78. Bond from a clerk and his surety for the faithful execu- tion of his ofiice in a brewery. 1 Orabb, 506. Bond from the manager of a brewery and his surety. Green. 187. Bonds by clerk and surety for the faithful service of an attorney's clerk or assistant. 1 Orabb, 519. Another form for a merchant. „ 521. Bond for faithful service of clerk, either to two partners, or to them and their executors or administrators, and notwithstanding alteration in firm. 3 Jar. 530. Bond to secure fi.delity of banker's chief clerk. „ 533. Bond to a company for securing the faithful discharge of duties by a cashier. 5 Dav. 752. Bond by a surety for the fidelity of a clerk in a counting house or ofiice of trust. 4 Chit. 65. Bond from the treasurer of a company. 1 Crabb, 499. Bond by a surety for a clerk to a public company. 4 Chit. 65. Bond for good behaviour of a servant in a trade. 3 Jar. 535. Bond for faithful service of clerk. E. P. M. 70. Ditto. Bate. 371. Ditto. 1 Jones, 192. Bond that an apprentice shall perform the articles of his apprenticeship. 1 Crabb, 521. Bond with two sureties for the faithful discharge of the duties of the chief clerk or manager of a business. 2 Hug. 584. Bond with two sureties for the faithful discharge of the duties of an attorney's clerk. „ 582. Bond with two sureties for the faithful discharge of the duties of an assistant or shopman. ., 586. Bond (in usual form) from the distributor of stamps (and securities) to his Majesty to account for moneys received. 2 "Wilde. 85. Condition that a rent-gatherer shall render a just account. 1 Jones, 184. Bond that neither obligor nor his wife, who are to be employed as servants in carrying on an invention, will disclose the secrets thereof 3 Jar. 536. Bond from the principal and four sureties, for the due performance of the offices of assistant overseer of the poor, collector of taxes, &c., for the collectors, &c., of a parish, and depositary of the parish books and papers. ,, 539. Bond from three trustees of an assurance society to the treasurer, for duly applying the funds of the society, according to the directions of the Court of Directors, and to permit suits or actions to be brought in their names, &c. „ 549. Bond from the treasurer of an assurance society, to the trustees, for duly applying the moneys of the society which shall come to his hands ; and to permit suits or actions to be brought in his name, &c., and to observe rules and regulations of society. „ 552. (} 2 Digitized by Microsoft® 84 BONDS Bonds foe Faithful Service- 185 Bond by the obligor for the faithful performance of his duties on his appointment to a responsible office. 186 Bond to secure faithful discharge by an agent of his duties. 187 Bond from a receiver. 188 Form of bond to be executed by a receiver of real estate pending suit. 189 Bond for faithful service of a clerk where the obligation extends to an alteration in the firm. 190 Bond for performance of the covenants in a deed of co- partnership by one who is admitted as a new partner. 191 Bond from builders and sureties for performance of contract for building a school, and altering and repair- ing a house. 192 Bond by a builder and two sureties for the performance of a contract to build a district church. 193 Bond from a builder and sureties for performance of a contract for erecting buildings. 194 Bond for securing performance of contract with a burial board. 195 Bond of indemnity to one bound in a bond to the gover- nor and company of the Bank of England for a person's fidelity, &c. 196 Bond of indemnity to one bound to the treasurer of his Majesty's customs for the fidelity of a clerk. 197 Indemnity bond to trustees of a public incorporated insurance company, for the due service of a clerk while in service of company. 1 98 Deed of covenants from a managing clerk of a banking- house, and surety for the faithful execution of his office. Bonds for Quiet Enjoyment. 199 Bond from vendor to purchaser, for quiet enjoyment of freeholds and leaseholds, or a return of purchase- money in case of eviction. 200 Bond for quiet enjoyment, where title commenced at too late a period. 201 Bond from vendor to purchaser, for quiet enjoyment against all persons, excepting lessee for years. 202 Bond from vendor to purchaser, for quiet enjoyment against all mankind ; free from incumbrances, and for further assurance generally. 203 Bond for the title and quiet enjoyment of freehold (with variations). 204 Bond for quiet enjoyment from a vendor to a purchaser where doubts subsist respecting the title. 205 Ditto. 206 Ditto. 207 Ditto. 2 Prid. 522. Wilk. 256. 1 Crabb, 499. „ 504. Hurl. 165. 1 Crabb, 522. 3 Jar. 559. 5 Dav. 757. 2 Wilde, 190. Baker, B. 253. i Chit. 66. „ 66. 72. 2 Crabb, 785. 3 Jar. 569. „ 571. „ 572. „ 573. 2 Wilde, 221. „ 225. C. 184. 2 Prid. 513. 1 Rouse, 492. Digitized by Microsoft® BONDS. 85 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 Bonds for Quiet Enjoyment — continned. Bond for peaceable enjoyment of copyhold premises, free from incumbrances, and for further assurance. Bond from a vendor of an estate for quiet enjoyment, free from all incumbrances, the estate being subject to the payment of portions under a marriage settle- ment. Bond from vendor to purchaser for quiet enjoyment against all persons vfhomsoever, except tenant under leases for years. Post-Obit Bonds. Post-obit bond. Ditto. Ditto. Ditto (certain). Ditto (payable on contingency). Ditto (common form). Ditto (with surety). Ditto. Defeasance of a warrant of attorney to accompany the foregoing security. Post-obit bond in consideration of the release of a debt. Post-obit bond, with a surety for securing a certain sum, if the party shaU survive his father, &c. Ditto. Defeasance on warrant of attorney for securing post-obit bond. Bond in consideration of release of debt for paying a sum post obit the obligor's uncle, whether the obligor be or be not then alive ; totally or partially redeemable in the interim. Memorandum of delivery of post-obit bond to a deposi- tary, to be Icept sealed during the life of the obligor's uncle, unless redeemed ; in order that obligor's expecta- tions from his uncle may not be prejudiced. Ditto. 227 228 229 Eeplevin bond. Annuity bond. Arbitration bond. Bottomry and Respondentia Bonds. 230 231 Bottomry bond (usual form). Ditto. 232 Ditto. 233 Ditto. 234 Ditto. 235 Ditto. 236 Ditto. 237 238 Ditto (German). Ditto (French). 1 Jones, 181. 1 Crabb, 550. Hurl. 166. 2 Wilde, 200. 5 Dav. 748. Ship. 324. Hurl. 157. „ 156. 1 Crabb, 549. R. P. M. 73. 2 Hug. 486. „ 488. „ 490. Bate. 370. 3 Jar. 494. „ 495. „ 496. „ 499. 2 Hug. 492. Hurl. 149. „ 150. „ 151. Brooke, 260. 4 Chit. 248. Ship. 538. 2 Crabb, 148 G. Abb. Ap. 395. 2 Wilde, 94. Hmi. 154. Brooke, 295. „ 296. Digitized by Microsoft® 86 BONDS. BoTTOMEY AND Eespondbntia Bonds — Continued. 239 Bottomry bond from L. to M., and back. 240 Bottomry bond on ship and freight. 241 Bottomry bond on ship, goods, and freight, when the contemplated voyage is to the United States of America, but the bond is assimilated to those required for East India voyages by the act 19 Geo. II. c. 37, s. 5. a, Notarial certificate occasionally subjoined to. 242 Bottomry bond on ship, and cargo, and freight, for a loan for repairs to complete a voyage from Galatz to Amsterdam. 243 Bottomry bond to complete voyage from Kurrachee to Marseilles. 244 Bottomry bond to complete voyage from Melbourne to Eangoon. 245 A bill of bottomry. 246 Ditto. 247 Ditto. 248 Ditto, vrhere the ship is to go to several ports. 249 Notarial certificate occasionally subjoined to a bottomry bond. 250 A respondentia bond. 251 Ditto. 252 Ditto. 253 Ditto. 254 Ditto (on voyage to the East Indies). 255 Ditto. 256 Ditto. 257 Eespondentia bond on goods during voyage to East Indies and back, in usual printed form. Assignment of Bonds. 258 Assignment of a bond. 259 Ditto. 260 Assignment of a bond for payment of money (with variations). 261 Assignment of a bond for payment of money. Variations where the bond is for the transfer of stock ; where it is for the performance of covenants ; where the assign- ment is of a bond of indemnity ; where a judgment entered upon the bond is also assigned. 262 Assignment of a bond upon rather special trusts. 263 Assignment of bond for securing a debt of £1000 to a purchaser, with power of attorney to sue, and usual qualified covenants from vendor. 264 Assignment of a bond and judgment by a husband and a wife as a security for a debt. 265 Ditto. 266 Assignment of a bond and warrant of attorney, where the time for payment of money has not arrived. 267 Ditto. 4 Chit. 249. Greenh. Ap. 447. Brooke, 282. „ 284. „ 285. „ 287. 291. 4 Chit. 249. Abb. Ap. 396. Greenh. Ap. 448. 4 Chit. 250. Brooke, 282. 2 Wilde, 212. Ship. 539. Hurl. 155. 2 Crabb, 1488. 1489. Brooke, 297. Abb. Ap. 397. 4 Chit. 251. 1 Crabb, 360. Ship. 270. 1 Wilde, 470. 4 Chit. 203. Bird, 20. 1 Hug. 282. 1 Crabb, 362. Ship. 274. 1 Wilde, 476. Ship. 272. Digitized by Microsoft® CERTIFICATES. Assignment of Bonds — continued. 268 Assignment of a mortgage bond by indorsement. 269 Assignment of a bond given to the sheriff by a gaoler or keeper, and sureties. 270 Assignment of a bond debt. 271 Ditto. 272 Ditto. 273 Assignment of a bond debt from an executor to a re- siduary or other legatee. 274 Assignment of bad debts, on dissolution of a co-part- nership, in pursuance of the articles of co-partnership. 275 Assignment of a chose in action (a bond debt) by an assignee thereof to two as joint tenants, in considera- tion of a debt, and release of the debt. BONDS (ANNUITY) {see AroruiTiES, ante). BONDS OF INDEMNITY {see Indemnity Bonds, post). BONDS OF RESIGNATION {see Ebsignation, post). BOTTOMRY BONDS {see Bonds, BUILDING CONTRACTS (see Contracts, ^osQ. BUILDING LEASES {see Leases, post). BUILDING SOCIETIES {see Benefit Building Societies, ante). BURIAL BOARDS (CONVEYANCES TO) {see Conveyances, post). CERTIFICATES {see also Declarations, post). Certificate by the mayor of a corporation of the due execution of a deed. Certificate of the due execution of a letter of attorney. Certificate of signatures to a policy of insm-ance. Certificate of merchants to the signature of a notary. Notarial certificate that a deed, power of attorney, or other instrument, was executed in the presence of the notary. Notarial certificate to translation of a document. Notarial certificate to the copy of an instrument. The same in Latin. Ship. 275. 1 Wilde, 453. 9 Jar. 640. 1 Prid. 338. 1 Eouse, 220. 1 Wilde, 480. „ 485. Lewis, 222. 1 Crabb, 557. Ship. 502. „ 504. „ 505. Brooke, 320. „ 321. „ 321. „ 322. Digitized by Microsoft® 88 CERTIFICATES. 9 Notarial certificate of a declaration haTing been made before a notary, in the form adopted by the society of London notaries. 10 Notarial certificate of a true copy of a will and of the probate of the same in the prerogative court of the archbishop of York. 11 Certificate of the due execution of a commission from a foreign court of judicature for the examination of witnesses, to accompany the commission and deposi- tions, when notice had been given to another com- missioner, and he did not choose to act. 12 Certificate of the due execution of a commission from a foreign court of judicature, for the examination of a witness when the engrossing clerk is sworn to secrecy, to accompany the commission and depositions. 13 Notarial certificate, that a commission and interrogatories in a suit in a foreign court were produced to one of the parties to the suit, to enable him to exhibit cross inter- rogatories, and that he refused to do so. 14 Jurat in Latin. 15 Exhibit, or annexe, to a French act. 16 Endorsement on the envelope of a will. 17 Certificate of notary public, that party before whom affidavits were sworn is lord mayor of London, and a justice of peace; and that the other signatures are genuine. 18 Certificate of the signature of a chief magistrate. 19 Certificate of ofBcer of East India Company, that party is a notary public, &c. 20 Certificate of a person being a notary public. 21 Certificate or verification by a notary public of a baptism. 22 Certificate of baptism. 23 Certificate of the identity of a person. 24 Certificate of a duplicate protest. 25 Certificate of an account. 26 Certificate of damage of goods by sea water. 27 Certificate of an articled clerk having regularly served his clerkship. 28 Certificate of the discharge of a mortgage. 29 Ditto. 30 Ditto (with variations). 81 Affidavit of signature of certificate of discharge. 32 Certificate by a rector, &c., of a person being living. 33 Certificate of the nomination to a curacy (with variations). 34 Certificate of the nomination of a curate as a title to orders. 35 Certificate to the ordinary of the condition of the dwelling- house belonging to a benefice made in pursuance of Act of Parliament. 36 Certificate of the residence of an incumbent for the period required by Act of Parliament. 37 Certificate by clerk of the peace of notice having been given of a printing press, or of carrying on the business Brooke, 322. 328. 344. 346, 347. 348. 348. 349. 4 Chit. 33. Ship. 504. 4 Chit. 33. 2 Wilde, 243. „ 233. Ship. 503. „ 503. „ 503. „ 504. „ 505. 1 Crabb, 559. 1 Eouse, 464. 1 Crabb, 558. 2 Wilde, 236. 1 Rouse, 465. 2 Wilde, 238. „ 239. „ 242. 247. 248. Digitized by Microsoft® CHARITIES. 89 of a letter founder, &c., to be entered in pursuance of Act of Parliament. Certificates of acknowledgment of deeds by married women, {see ante Acknowledgments). CHARITIES. 1 Scheme for the management of the endowed gi-ammar school of K. 2 Scheme for a grammar school. 3 Directions in the scheme of a grammar school. 4 Directions in a scheme as to exhibitions for two boys to be sent from a grammar school to either of the two Universities. 5 Scheme for the application of part of the funds of a charity for scholarships at Oxford. 6 Scheme for the application of a sum of stock given by will, for the support of a school. 7 Scheme for the future regulation and management of the charity founded by Henry Alnutt, Esq., and the estates and funds belonging thereto, and for the future appli- cation of the income of the said charity. 8 Scheme for the regulation of a school. 9 Scheme for the application of several bequests given to a company to be advanced as loans without interest to men free of such company. 10 Scheme for the distribution of a charity given for the better relief of the aged and needy poor people of a parish, to be distributed at Christmas and Easter, as the vicar, churchwardens and vestrymen should think fit. 1 1 Scheme for the application cy-pres of funds which had originally been given for the redemption of slaves. 12 Scheme for almshouses and hospital. 13 Scheme for school for children of the poor. 14 Scheme for a dispensary. 15 Scheme of a charity for the relief of poor clergymen and poor clergymen's widows. 1 6 Scheme for apprenticing poor boys, &c. 17 Scheme for the relief of poor not receiving parochial relief. 18 Scheme for the release of poor prisoners, &c. 19 Scheme for loan fund. 20 Trust deed of almshouses. 21 Form of declaration of trust. 22 Petition to confirm a scheme for a school, parochial library, and for other purposes. 23 Conditions of sale of charity land. a. Where title derived under deed or will. I. Where property vested by order of the Charity Commissioners, c. Identification of parcels. 24 Form of conveyance of charity land. 25 Conveyance in fee by the trustees of a charity, with the approval of the Charity Commissioners. 26 Ditto. 2 Wilde, 244. Fran. 235. Tudor, 547. Shel. Mort. 07O. 971. Tudor, 563. Shel. Mort. 972. 956. 966. 974. 976. Tudor, 569. „ 574. „ 578. „ 584. „ 587. „ 590. „ 591. „ 593. Hayes, 794. C. & H. 343. Fran. 242. C. & H. 344. „ 345. 2 Dav. 406. 1 Prid. 312. 977. Digitized by Microsoft® 90 CHARTERPARTIE8. 27 Conveyance in fee by the trustees of a charity, with the approval of the Charity Commissioners. 28 Mortgage of charity lands with the sanction of the Charity Commissioners. Provisoes for re-adjusting rate of interest according to the market rate. 29 Deed of gift of cottages to trustees to be used as alms- houses. 30 Deed creating a money endowment for the almshouses established by the last precedent. 31 Deed of gift for the establishment or endowment of a charity. Variation where a rent-charge is created for that purpose. Variations where the trusts are for the support of a religious sect. CHARTER (see also Patents, post). 1 A charter of incorporation. 2 An additional charter in amending of a subsisting one. CHARTERPARTIES {see also Bills of Lading, ante, and Shipping, post). 1 General charterparty of affreightment (common form). 2 Charterparty to carry goods to a port abroad, and return with other goods (general form). 3 Ditto. 4 Common form of a charterparty of afiEreightment under seal for a voyage from London to and back. 5 Charterparty by several owners in co-partnership to freighters in co-partnership, to proceed abroad with convoy. 6 Charterparty by one co-partner owner on behalf of the rest, and a part freighter on behalf of the others, to sail with or without convoy (with variations). 7 Charterparty of a vessel to bring a cargo from a foreign port (Carthagena) to England. 8 Charterparty for a voyage to St. Domingo and back to a port in England, signed by one of the owners when the vessel is held by two owners, being partners, in the name of their co-partnership firm. 9 Charterparty (another form) of a vessel to a foreign port (Trieste) and back to England signed by the master. 10 Charterparty from London to New Zealand and back. 11 Charterparty from one port to another, thence to Oallao, and thence to Chincha Islands for guano. 12 Charterparty from Liverpool to Valparaiso and back. 13 Charterparty for the transport of coolies. 14 Charterparty from London to Teneriffe, on her return to put into Dover, and from thence to proceed to Hamburg. 15 Charterparty, whereby the owners of one moiety of a ship let to freight their share to the owners of the other moiety. 16 Ditto. G-reen. 230. 2 Dav. 1180. 2 Prid. 643. 648. 2 Wilde, 526. 3 Wilde, 529. 538. 2 Wilde, 310. 2 Crabb, 1494. Ship. 531. 4 Chit. 262. 2 Wilde, 316. „ 319. Brooke, 256. „ 259. „ 263. „ 265. „ 268. » 273. „ 277. 4 Chit. 264. „ 265. Ship. 534. Digitized by Microsoft® COGNOVITS. 91 17 Charterparties to proceed from the river Thames to Jamaica, with convoy. 18 Charterparty to sail from the river Thames to Barbadoes, with or without convoy. 19 Charterparty for ships of about 800 tons in a foreign service. 20 Ditto, for ships of 500 or 600 tons. 21 Charterparty for a ship let to freight in the transport service. 22 Memorandum of charterparty, in usual form. 23 Ditto. 24 Ditto. 25 The like in another form, where vessel to load a cargo of corn at Hamburg for London. 26 Memorandum of an agreement for a charterparty between a master or owner of a vessel and a merchant. CHIEF RENTS {see, Eent Charges, fosi). CHIMIN {see Eights op Wat, jyosi). CHOSES IN ACTION (ASSIGNMENT OF) {see Assignments, ante^. CLAIMS. 1 Claim of right of common of pasture over common lands. 2 Claim of common of pasture over commonable lands. 8 Claim of common of pasture, under the 2 & 3 Will . IV. c. 7 1 . 4 form of claim by lord of a manor both at common law and under the Prescription Act. 5 Form of claim under 11 & 12 Vict. c. 99, sect. 9. 6 Particulars of claim under Lands Clauses Consolidation Act. COAL MINES (LEASE OF) (see Leases, j»osi!). CODICIL {see Wills, fosf). COGNOVITS {see also Waeeants or Attoeney, foat). 1 Cognovit ia assumpsit (with variations). 2 Ditto. 3 Ditto. 4 Ditto. 5 Cognovit by executor in assumpsit, admitting assets. 6 Cognovit in debt of part of the cause of action. 7 Cognovit in debt. 8 Ditto. 4 Chit. 266. „ 267. „ 270. „ 295. „ 317. „ 261. Ship. 530. 2 Crabb, 1496. 4 Chit. 261. 1 Wilde, 93. Cooke, I. A. 500. „ 500. 502. 503. 505. Lloyd, 245. 2 Wilde, 323. R. P. M. 76. Robin. 210. Hawk. 94. Robin. 214. „ 211. R. P. M. 75. Hawk. 95. Digitized by Microsoft® 92 COMPANIES. 9 Cognovit by two defendants in debt, where the debt is payable by instalments. 10 Cognovit in ejectment. 11 Ditto. 12 Ditto. 13 Ditto (notice now substituted for). 14 Cognovit in ejectment, with confession of mesne profits and Eelicta Verificatione. 15 Cognovit with a Eelicta Verificatione. 1 6 Cognovit payable by instalments. 17 Ditto. 18 Cognovits. 19 Cognovit (where one of several counts in a declaration is confessed). 20 Ditto. 21 AflSdavit of the signature of a cognovit. 22 Ditto. COLLATION {see Peesbntation, post). COMMUTATION {see Copyholds and Tithes, post). COMPANIES {see also Eailway Companies, post). 1 Memorandum of association of a limited company. 2 Memorandum of association of the Australian Malachite Company, Limited. 3 Memorandum of association of Jones, Green, Brown, and Co., Limited. 4 Memorandum of association of the United Millers' Co., Limited. 5 Memorandum of association of the Central Telegraph Co., Limited, with articles of association annexed. 6 Memorandum of association of the Lodging House and Cottage Improvement Association, Limited. 7 Memorandum of association of the Panama Eailway Company, Limited. 8 Memorandum of association of the Glastonbury Canal Steam Tug Company, Limited. 9 Memorandum of association of the Victoria Hall Company, Limited. 10 Memorandum of association of the Charlton Dock Com- pany, Limited. 11 Memorandum of association of the Keinton Stone Com- pany, Limited. 12 • Memorandum of association of the Lydford Gas Company, Limited. 13 Memorandum of association of the Brazilian Grain Carrying Company, Limited. 14 Memorandum and articles of association of the Barsetshire Mutual Cattle Assurance Association, Limited. N.B. Company limited by guarantee and not having a capital divided into shares. Eobin. 213. 2 Wilde, 324. Ship. 333. Hawk. 98. E. P. M. 76. Eobin. 212. Hawk. 96. E. P. M. 76. Hawk. 96. Bird, 35. Hawk. 96. 1 Jones, 246. E. P. M. 77. Hawk. 91. Hayes, 730. Thring, 394. 396. 399. 429. 435. 437. 440. 441. 446. 460. 464. 4G5. 467. Digitized by Microsoft® COMPANIES. 93 15 Memorandum of association of the Belton Hall and Park Company, Limited. N.B. Company limited by guarantee and ha-ving a capital divided into shares. 1 6 Memorandum of articles of association of a company limited by guarantee, and not having a capital divided into shares. " The Framley Institute Association, Limited." 17 Memorandum and articles of association of a joint stock company limited, formed under the Companies Act, 1862. 18 Memorandum and articles of association under the Joint Stock Companies Act, 1856. 19 Memorandum and articles of association of The Banking Company, Limited. 20 Memoranda of association. " Objects of Companies." a. Contract, credit, and finance companies. l. Special clauses for Indian and colonial credit and finance companies. c. A general clause, applicable to all kinds of finance companies. d. Banks. e. English Bank. /. Bank of deposit in Great Britain and of issue abroad. g. A bank to be based on the union of existing banks. h. A discount company. i. An estate or oflBces company (general form). .;'. Insurance companies, fire insurance. Tc. Ditto, life insurance. I. Marine insurance, general form. m. Ditto, detailed form. n. Land, investment, trust, and public works companies. 0. Trading companies, hotels, short form. p. Ditto, detailed form. q. Mining companies, general form. r. Ditto, special form. s. A coal and collier company. t. An eastern coal and general shipping company. u. A coal and coal oil company. V. Shipping companies, general form. w. Ditto,' special form. X. Ship-building and engineering companies. y. Ditto, with patent rights. z. General objects. 21 Articles of association. General form. Capital divided into shares. 22 Articles of association. 23 Concise form of articles of association, the regulations in Table A being adopted with variations. 24 Articles of association of Jones, Green, Brown, and Company, Limited. 25 Articles of association of the United Millers' Company, Limited. Thring, 493. 534. 2 Prid. 662. Prior, 275. 5 Dav. 893. L. Bro 335. ?) 33B. )? 339. J> 339. JJ 339. )» 340. J) 341. )) 344. JJ 344. 3J 345. J) 347. JJ 347. J) 348. JJ 348. )> 349. )) 350. )J 351. JJ 352. JJ 353. )J 353. !> 354. )> 355. JJ 355. JJ 356. JJ 356. JJ 357. JJ 358. JJ 360. Hayes 732. S5 761. Thring, 397. )J 402 Digitized by Microsoft® 94 COMPANIES. 26 Articles of association of the Victoria Hall Company, Limited ; (a company regulated by the common law is supposed to have built the Victoria Hall, but to have failed in providing sufficient funds to maintain it. The original company forms itself into a limited company, and issues preference shares). 27 Articles of association of the Charlton Dock Company, Limited. 28 Articles of association of the Keinton Stone Company, Limited. 29 Articles of association of the Bolton Hall and Park Company, Limited. 30 Articles of association of a company limited by guarantee, and not having a capital divided into shares. " The Framley Institute Association, Limited." Mining Companies. 31 Assignment of in part of the estate of in the parish of — — in the county of Cornwall, for the residue of two several terms of twenty-one years each, with the view of forming a tin and copper mining company. 32 Declaration of trust by the directors of the ■ ■ Tin and Copper Mining Company referred to in the preceding precedent. 33 Eules for a cost book company. a. Form of certificate. 34 Form of cost book, rules and regulations, — Bevas Moor Mine. 35 Another form of cost book, — Cwrmystwyth Mine. 36 Another form, — Polberro Mines. 37 Another form, — Bloxwich Mining Company. 38 Form of transfer of share in a cost book mine. 39 Another form of transfer. 40 A more recent form. 41 Special clauses in articles of association. a. Appointment of managing director. 5. Appointment of manager. c. Banks and finance companies, declaration of secrecy. i. Insurance companies, as to policies, e. Appointment of trustees. /. Powers and duties of directors in detail. g. Shipping or marine investment companies, advances on shipping. h. Separate capitals for new undertakings. 42 Charter of incorporation, or letters patent for a metropoli- tan banking company, under the 7 & 8 Vict. c. 113, and epitome of the deed of settlement set forth in the charter. 43 Charter, not containing a deed of settlement, but direct- ing that the same shall be prepared and enrolled within a given time. Thring, 443. „ 448. „ 462. „ 497. ., 535. Word. M. Ap. 253. Bain. 755. „ 756. 257. Word. M. Ap. 258. 259. 260. 261. 26.5. 264. 26-J. L. Bro. 407. 407. 408. 409. 410. 414. 416. 421. 422. Word. M.Ap. 203. 224. Digitized by Microsoft® COMPANIES. 95 44 Another form of charter, also not containing the provisions of a deed of settlement, but containing special reserva- tions in respect of the public or government service. 45 Letters patent under the 7 Will. IV. & 1 Vict. c. 73. 4G Outline of deed of settlement of an insurance company established under the 7 & 8 Vict. c. 110. 47 Abstract of deed of settlement of the Slate Oo. 48 Deed of settlement of a gas and coke company under the Limited Liability Act, 1855. 49 Deed of settlement by the London Ale Brewing Co. 50 Deed of settlement of a joint stock company to be com- pletely registered with limited liability. Variations where the liability of the shareholders is not to be limited. 51 Deed of settlement of a joint stock banking co., with usual clauses. 52 Abstract of the deed of settlement of the Company, Limited. 53 Forms for establishing a foreign company, as a soci6t6 anonyme. Agreement to form company. a. Notarial certificate verifying the execution of the preceding agreement. 54 Central Peninsular Railway of Portugal. Convention. 55 Statutes of the society anonyme of the Central Peninsular Eailway of Portugal. 56 Supplementary deed for enabling the Registered Joint Stock Company to obtain a certificate of limited liability ; being also a deed of accession to the com- pany, to be executed by future shareholders. 57 Declaration by the promoters or directors of a company seeking limited liability, of the payment of 20 per cent, on three-fourths of the capital. 58 Deed to establish a people's institute. 59 Rules for a permanent society. 60 Forms for a permanent society (s«e Benefit Building Societies, ante). 61 Agreement to form an association for the prosecution of offenders. Mortgages, &c. 62 Mortgage of shares and bonds of companies. 63 Mortgage by a railway contractor of a contract for making a railway, and of money, bonds, and shares payable to him under the contract, for securing present and future advances made by a limited company. 64 Mortgage debenture of a limited company. 65 Debenture of a limited company forming part of a deben- ture debt secured by a trust deed. 66 Trust deed for securing the debenture debt of a limited company. 67 Mortgage of shares in a railway company, with power of sale. 68 Transfer of a share in a company. Word.M.Ap •>1 228 235 236 240 Clay. 213. Colly. 879. Sweet, L. L. 161. 7 Jar. 335. Sweet, L. L. 194. Word.M.Ap .265 5? 266 267 273. Sweet, L. L. 207. 210. Clay. 230. Stone, 222. „ 255. 1 Orabb, 15.'3. 2 Dav. 1202. „ 1209. „ 1207. „ 1228. „ 1229. 1 Prid. 565. 1 Orabb, 418. Digitized by Microsoft® 96 COMPOSITION DEEDS. fi9 Petition to the Board of Trade for a licence to hold lands. 70 Ditto. 7 1 Licence by the Board of Trade to a joint stock company to purchase and hold land. 72 Ditto. 73 Ditto. COMPOSITION 'DEEDS {see also Bankruptcy, ante, and Inspectorship Deeds, post). 1 Agreement for a composition between a debtor and his creditors, the former agreeing to convey the whole of his real and personal estate upon trust for the payment of his debts. 2 Short form of agreement for a composition. Variation ■where the composition is to be paid by instalments, or a surety is to give acceptances to secure the amount of the composition. 3 Composition deed, by which the debtor conveys the whole of his real and personal estate to trustees upon trust for payment of all his creditors rateably according to the amount of their respective debts. 4 Composition deed, where a debtor is allowed to carry on his business under the direction of inspectors. 5 Composition deed by a debtor, who has been allowed to carry on his business under the direction of inspectors, who now assigns the whole of his estate and effects for the benefit of his creditors, upon the latter releasing him from all further claim. 6 Composition deed between a debtor and his creditors, the latter of whom agree to accept a lesser sum than the amount of their debts. Variation, where the payment is to be made by instalments, or where a surety is to give acceptances for the amount of the sum compounded for. 7 Composition deed, by which trustees are empowered to raise sufficient moneys by sale or mortgage of freehold, copyhold, and leasehold estates, or out of the rents and profits, to pay all debts due from the debtor upon mortgage, judgments, bond or simple contract ; the debtor to receive an annual allowance out of the trust estate, payable to him quarterly. 8 Composition deed by a debtor who covenants to pay an annual sum out of his income, and to assign a policy of assurance on his life for the benefit of his creditors. 9 Assignment by a debtor of all his household furniture and farming stock, to three of his creditors, upon trusts for sale ; and after satisfying their respective demands out of the purchase moneys, to pay over the surplus to the debtor. 10 Composition deed between a debtor and his creditors where proceedings in bankruptcy have been issued Sweet, L. L. 211 Word. M. Ap. 250. Sweet, L. L. 214. Word. M.Ap. 251. Stone, 91. 3 Hug. 301. „ 305. „ 307. „ 326. „ 333. „ 340. „ 342. „ 350. „ 357. Digitized by Microsoft® COMPOSITION DEEDS. 97 against the former, the latter agreeing to accept a dividend of ten shillings in the pound, to be secured by- bills of exchange, drawn by the debtor and accepted by his surety. 11 Conveyance and assignment of freeholds, leaseholds and a pension, and covenant to surrender copyholds to trustees, upon trust to sell and apply the purchase- money in payment of debts, and in the purchase of a jointure rent-charge and of annuities. 12 Deed of composition between the assignees of a debtor (bankrupt) the debtor himself, his creditors, a trustee and the assignees of T. H. a bankrupt, the assignees and creditors agreeing to petition to supersede the commission, and to receive a composition in lieu of the rights under it, the payment of such composition to be secured by the bills of a surety. The creditors to deliver up securities into hands of trustee, and indemnifying creditors against out-standing bills, &c., the assignees of T. H. agreeing that composition shall not prejudice creditors' proof of debts under that com- mission, in respect of bills drawn by T. H. and accepted ^ by debtor. 13 Form of composition deed between a debtor and his creditors, the payment of part of the composition to be secured by the promissory notes of two creditors. 14 A deed of composition of creditors with a debtor, to accept five shillings in the pound, and to execute a general release. 15 The like, with promise for payment of the composition money to one creditor, in trust, and for debtor to give account of his property. IG Composition deed, for securing the payment to a trustee for the creditors of five shillings in the pound. 1 7 Composition deed, the payment of twenty shillings in the pound being secured by the covenants of the debtor with the creditors. 18 Composition deed, the composition payable by instalments being secured by the joint and several promissory notes of a surety to whom the debtor's stock iu trade is assigned, the notes being covenanted to be delivered to a trustee for all the creditors, to be delivered over on request. 19 Assignment by a trader, of his entire personal estate in trust for his creditors. 20 Composition deed securing shillings in the pound to all the creditors, without any cessio lonorum. Proviso that securities shall not be affected, but that secured creditors shall only be entitled to the composition upon the amount not covered by the securities. 21 Deed of money composition by a debtor — surety joining to guarantee the last instalment — creditors covenanting not to sue. 22 Deed of composition by a debtor made with his creditors and a trustee on their behalf, a surety joining to 3 Hug. 359. 5 Dav. 932. 4 Chit. 423. „ 419. „ 421. „ 423. Hayes, 856. „ 859. „ 862. 5 Dav. 943. „ 947. Grif. 133. Digitized by Microsoft® 98 CONDITIONS OF SALE. secure some instalments of the composition. Creditors covenanting not to sue. 23 Simple deed of money composition — Creditors on payment of composition, releasing debtor 24 Composition deed for the payment of all the debts of the debtor by a trustee. 25 Deed of composition. 26 Another (short form). 27 Ditto. 28 Ditto. 29 Ditto. 30 Ditto. 31 Composition deed executed by a debtor. 32 Composition deed executed by a debtor and sureties. 33 Composition deed executed by debtors in trade in copartnership. 34 Assignment by a debtor, for the benefit of his creditors. 35 Concise form of assignment for the benefit of creditors. 36 Conveyance and assignment for the benefit of creditors. 87 Deed of composition, by which the debtor covenants to pay his debts in full, but without interest, by certain instalments, and the creditors covenant not to sue him in the meantime. 38 Covenant by sureties to accept bills for a composition divi- dend, provided all the creditors execute by a certain day. Creditors covenant not to sue the debtors in the mean- time, and on payment of the bills, to give a general release. 39 Clauses in deed of composition with creditors. 40 General release to a debtor who has compounded with his creditors, and paid the full amount of the composition. 41 J^otice in the " London Gazette " of a composition deed having been executed. 42 Form of assent to composition deed. CONDITIONS OF SALE. Freeholds. 1 Conditions of sale of freehold property in one lot. 2 Conditions of sale of freehold premises. 3 Ditto. 4 Ditto. 5 Ditto. 6 Ditto. a. Agreement following and referring to conditions of sale. l. Receipt at the foot of conditions of sale. c. Memorandum of sale by private contract of pro- perty unsold at the auction. 7 Conditions of sale of a large freehold estate. 8 Conditions of sale of land by the "Inclosure Commis- sioners." Grif. 137. „ 132. Sills, 85. 1 Crabb, 576. „ 579. Green. 191, &c. Sills, 86. Prior, 285 Moore, 67. De Gex & S. 261. 269. 276. Hayes, 865. „ 865. „ 868. 8 Byth. 512. „ 519. Forsyth, 256. 3 Hug. 366. 2 Crabb, 1210. Green. 197. 1 Prid. 28 1 Hug. 2. Clay. 201. Ship. 334. Moore, 52. 1 Crabb, 632. „ 634. 635. 635. C. 10. Cooke, I. A. 497. Digitized by Microsoft® CONDITIONS OF SALE. 99 in one lot 9- h. J- Fkebholds — continued. Conditions of sale of a freehold estate (common). a. Variation limiting the purchaser's right to strict evidence of title. l. Where it is intended to throw the expense of clearing up the title upon the purchaser. c. Where either party is to have the power of rescind- ing the contract. d. Where the purchaser is to accept an indemnity against an incumbrance. e. Where the title is absolutely defective or un- certain. /. Where timber, fixtures, crops, &c., are to be taken, and paid for separately. Where the sale is by a mortgagee, under a power of sale. Where the sale is by trustees or assignees. Where the sale is under an Inclosure Act. Wliere the sale is under a decree in equity. Where the sale is under an extent. 10 Conditions of sale of a freehold estate, where the title is not investigated before the sale. 11 Conditions of sale of freehold property in lots where an unexceptionable title can be produced. 12 Freeholds or copyholds in one lot. 13 Freeholds or copyholds in lots. Copyliolds. 14 Conditions of sale of copyhold property in one lot. 15 Ditto. 16 Special conditions of sale of copyholds in two lots. 17 Conditions of sale of freehold and copyhold farms, part of which is in hand, and part in the occupation of tenants, sold in several lots. 18 Freehold and copyhold estate in lots. 19 Conditions of sale of a copyhold estate. 20 Ditto. Iieaseholds. 21 Leaseholds in one lot. 22 Ditto. 23 Leaseholds in lots. 24 Ditto. 25 Ditto. 26 Conditions of sale of leaseholds. 27 Conditions of sale of a leasehold house and tenant's fixtures in one lot, the fixtures to be taken at a valua- tion. 28 Ordinary conditions of sale of leasehold property. 29 Ditto. 30 Ditto. Bate. 76. „ 89. „ 99. „ 101. „ 104. „ 106. „ 108. „ 111. „ 112. „ 114. „ 115. „ 116. 9 Jar. 27. Ureen. 198. 1 Dav. 545. „ 555. 1 Prid. 31. Bate. 117. 9 Jar. 25. „ 31. Bate. 373. 1 Crabb, 641. Ship. 345. 1 Dav. 563. Bate. 118. 1 Dav. 570. Hayes, 149. „ 167. Ship. 343. 1 Prid. 32. 9 Jar. 12. 1 Dav. 611. 1 Hug. 10. H 2 Digitized by Microsoft® 100 CONDITIONS OF SALE. Leaseholds — com 31 Conditions of sale of leaseholds, which are divided into several lots, the whole being held by one lease at an entire rent. 32 Special conditions on the sale of leaseholds by executors and trustees. The purchaser of the largest of several lots which are held under one lease, to take an assign- ment of the lease, and execute under-leases to the other purchasers, at stipulated apportioned rents. 33 Conditions of sale of property held under an under-lease where it is left to the auctioneer to determine at the time of sale whether the property is to be sold in more than one lot. 34 Conditions of sale of leasehold property in lots by a mort- gagee with special stipulations. 85 Conditions of sale, where property is held on an under- lease. 36 Conditions of sale of leaseholds and policies of life insur- ance by mortgagees. 37 Special conditions, leaseholds. 88 Conditions of sale of a leasehold estate. a. Memorandum written under the conditions. 39 Ditto. 40 Conditions of sale of freeholds or leaseholds in one lot. 41 Ditto, with special conditions. 42 Conditions of sale of freeholds or leaseholds in more than one lot. 43 Ditto, with special conditions. 44 Conditions of sale of freehold and leasehold property and a freehold rent-change sold in lots at a sale with special stipulations. Mixed. 45 Conditions of sale on sale of freehold, copyhold, and lease- hold estate in lots (new form). 46 Ditto. 47 Ditto, miscellaneous conditions. 48 Conditions of sale of a large estate, comprising freeholds, copyholds, and leaseholds, in lots, the vendors being trustees. 49 Conditions of sale of freeholds and leaseholds in lots. 50 Ditto. By Order of the Court of Chancery. 51 Estates sold by order of the Court of Chancery. 52 Ditto. 53 Ditto. 54 Ditto. 55 Ditto. 56 Ditto. 57 Ditto. 58 Conditions for the sale of an estate sold in lots under a 9 Jar. 15. 19. Green 202. ?j 204. » 213. 9 Jar. 22. R. P. M. 86. 1 Crabb, 642 »? 643 Bate. 377. Prior, 47. jj 49. !) 51. SJ 53. Green . 206. R. P. M. 80. Bate. 123. 1 Crabb, 645. 1 Prid. 37. 1 Crabb, 636. C. 1. 1 Dav. 576. „ 630. 1 Prid. 42. Ship. 335. Green. 209. C. 6. 1 Crabb, 643. Digitized by Microsoft® CONDITIONS OF SALE. 101 59 60 61 62 63 64 65 66 67 68 69 By Oeder of the Court of Chancery — continued. decree in the Court of Chancery, with yarious special stipulations as to title. Conditions of sale by order of the court (as to payment of purchase-money). Ditto (as to certificate of judge). Ditto (as to contract for sale of an estate sold at a public auction). Eeversionary Interests, Policies, &c. Conditions of sale of reversionary interest in money in the funds. Conditions of sale as to reversionary interests in per- sonalty, policies, annuities, life interests, &c. Conditions as to sale of reversionary and life interests, policies of assurance, patents and advowsons. Conditions of sale of a policy of assurance. Conditions of sale of a policy of insurance, shares in a public company, life or reversionary interest in personal effects, &c. Timber. Conditions of sale of timber. Conditions of sale, valuation of fixtures, siunmer-lands, timber, &c. Conditions of sale of growing timber. Commercial 70 Conditions of sale of a ship. 71 Ditto. 72 Conditions of sale of goods. 73 Ditto. 74 Ditto. 75 Conditions of a commercial sale. 76 Ditto. Horses and Carriages. 77 Conditions of sale by public auction and private contract at Tattersall's, Hyde Park corner. 78 Ditto, at Aldridge's, Upper-street, Martin's-lane. 79 Ditto, at the Midland Counties' repository. 80 Ditto, at the City Kepository, Barbican, for the sale of horses, carriages, and harness. By Assignees and Devisees in Trust. 81 Conditions on a sale by the assignees of a bankrupt, who stipulate that the purchaser shall take the bankrupt's title. 82 Conditions of sale of a considerable estate sold in the 9 Jar. 42. Hayes, 172. „ 172. „ 173. Green. 212. 1 Prid, 39. 1 Dav. 625. Buny. L. A. 433. Bate. 131. 1 Crabb, 657. E. P. M. 85. Bate. 133. „ 136. 1 Crabb, 662. Bate. 138. 1 Crabb, 659. E. P. M. 86. Bate. 140. 1 Crabb, 660. Dixon, 452. „ 453. „ 455. „ 456. 9 Jar. 39. Digitized by Microsoft® 102 CONDITIONS OF SALE. By Assignees and Devisees in Trust- country, by devisees in trust, in numerous lots, some of which were very small, with various qualifications and restrictions as to title, &c. Miscellaneous. 83 Miscellaneous conditions of sale adapted to various special circumstances. 84 Conditions as to biddings. 85 Conditions as to payment of deposit. 86 Conditions as to purchase-money, fixtures, rent, &c. 87 Conditions as to valuation of timber. 88 Conditions as to power to sell farniture on the premises. 89 Conditions as to delivery of abstract. 90 Conditions as to where lots are small. 91 Conditions as to delivery of requisitions. 92 Conditions as to dower. 93 Conditions as to prior title. 94 Conditions as to root of title. 95 Ditto. 96 Conditions as to title and evidence of title. 97 Special conditions as to commencement and evidence of title. 98 Conditions as to limits of manors, &c. 99 Conditions as to recitals being evidence. 100 Conditions as to production of deeds. 101 Conditions as to deeds not in vendor's possession. 102 Conditions as to outstanding legal estates. 103 Conditions as to assignment to largest purchaser. 104 Conditions as to incumbrances. 105 Ditto. 106 Conditions as to acceptance of title. 107 Conditions as to perusal of abstract. 108 Conditions as to conveyance and vendor's title. 109 Conditions as to vendor's title to be taken. 110 Conditions as to admission of right to enclose. 111 Conditions as to title under grant from the crown. 112 Conditions as to evidence of exemption from tithes. 113 Conditions as to tithes and commutation rent-charges. 114 Conditions as to tithes, land-tax, apportionment of rents and outgoings. 115 Conditions as to proof of modus. 116 Conditions as to tithes under inclosures. 117 Conditions as to indiscriminate allotment on inclosure. 118 Conditions as to admission of seisin. 119 Conditions as to admission of heirship. 120 Conditions as to enfranchised copyholds. 121 Conditions as to admission of power to enfranchise. 122 Conditions as to purchaser not to object to lease of copyholds. 123 Conditions as to presumptions. 124 Conditions as to indemnities. 125 Conditions as to indemnity against rent-charges. 9 Jar. 47. „ 55. Hayes, 145. „ 145. 1 Dav. 580. Hayes, 145. „ 146. „ 146. „ 146. „ 147. „ 147. „ 147. „ 147. 582. 587. 1 Dav. 1 Prid. 44. Hayes, 148. „ 148. „ 148. „ 149. „ 149. „ 151. 152. 1 Dav 615. Hayes, 152. „ 153. „ 153. „ 153. „ 153. „ 154. „ 154. 1 Dav. 607. 1 Prid. 53. Hayes, 155. „ 155. „ 155. „ 156. ,j, 157. „ 157. „ 157. „ 157. „ 158. „ 158. 1 Dav. 601. Digitized by Microsoft® CONDITIONS OF SALE. 103 Miscellaneous — continued. 126 Conditions as to indemnity against charges. 127 Conditions as to compensation. 128 Conditions as to identification of parcels. 129 Ditto. 130 Conditions as to description of property and identity. 131 Conditions as to possession of lease. 132 Conditions as to apportionment of tithe rent-charge. 133 Conditions as to apportionment of land-tax. 134 Conditions as to apportionment of rents. 135 Ditto. 136 Conditions as to mailing of roads. 137 Conditions as to making and maintaining roads. 138 Conditions as to contract relating to making of roads. 139 Conditions as to site of roads. 140 Conditions as to covenant by purchaser to keep part of roads in repair. 141 Conditions as to unsold lots. 142 Conditions as to covenants by vendors. 143 Conditions as to power of attorney. 144 Conditions as to possession of title deeds. 145 Conditions as to the custody and covenants for the pro- duction of title deeds. 146 Conditions as to title deeds, attested copies, &c. 147 Variations and additions in conditions as to title, writings, &c. 148 Conditions as to covenants to produce deeds. 149 Ditto. 150 Conditions as to the assignment and surrender of terms of years. 151 Conditions of sale as to indemnity. 152 Conditions as to investment of deposit. 153 Conditions as to annulling sale. 154 Conditions as to delivery of possession. 155 Conditions as to completion of purchase. 156 Conditions as to execution of conveyance. 157 Conditions as to payment of interest. 158 Conditions as to forfeiture of deposit. 159 Conditions as to power of re-sale. 160 Conditions as to reserved bidding. 161 Conditions of sale of charity lands. a. "Where title derived under deed or will. h. Where property vested by order of the charity commissioners. c. Identification of parcels. 162 Conditions of sale of freehold ground-rents. 163 Conditions of sale if title not marketable. 164 Conditions of sale to be used where land originally acquired by a parish. 165 -Miscellaneous conditions. 166 Conditions of sale by public auction. 167 Conditions of letting premises by auction. 168 Agreement for letting premises by auction indorsed on the conditions. 1 Prid .55. Hayes, 159. )j 160. 1 Dav. 596. 1 Prid 51. Hajes, 161. )j 161. J) 161. 5J 162. 1 Day. 608. Hayes, 162. 1 Day. 621. Hayes, 162. jj 162.. )5 163. ;) 163. )j 163. 5J 164. !) 164. 1 Dav. 622. 1 Prid 49. Bate. 376. Hayes, 164. jj 167. 1 Day. 624. Hayes, 167. jj 167. ?3 168. ?3 169. 3> 169. JJ 169. )) 170. ?5 170. J? 170. J? 171. C. & H. 344 Green . 214. J) 214. J) 216. 1 Prid . 57. H. L. F. 127 Bate. 143. 184. Digitized by Microsoft® 104 CONFIRMATION. Miscellaneous — continued. 169 Agreement for sale by private contract, subject to the conditions prepared for an auction sale. 170 Auctioneer's agreement on sale. 171 Purchase agreement indorsed on conditions of sale by auction. 172 Purchaser's agreement on sale. CONFIRMATION {see also Assent, anie). 1 Confirmation by an infant on his coming of age of a feoff- ment executed by him during his minority. 2 Deed of confirmation by several persons, on their coming of age, of deeds executed by them during minority. _ 3 Deed of confirmation by an heir-at-law of an estate devised to a stranger (with variations). 4 Ditto. 5 Confirmation by heir or reversioner of a rent-charge, granted by way of jointure [to be indorsed on a marriage settlement]. 6 Eelease by way of confirmation by an heir-at-law of an estate mentioned to be devised by a will unattested, (and where the words of the intended devise extended only to the life of the devisee ; the heir claiming a con- ditional benefit under the will). 7 Confirmation by an heir at law, of a will not duly executed, by a release in fee, to the use of a trustee for 500 years ; remainder to the use of a son, a devisee in tail ; remainder to the use of a daughter, a de- visee in fee ; declaration that the premises shall be subject to the payment of such of the testator's debts, &c., as they would have been liable to, in case his will had been duly executed ; and that the term of 500 years was limited to the trustee, to raise money for payment of debts, &c,, and, subject thereto, to attend the uses limited. 8 Confirmation of a will, by an heir-at-law, to prevent the necessity of proving it in chancery, being a release in fee, and of leasehold for lives ; with a covenant to surrender copyholds to the trustees of the will, to be held to the uses, &c., declared by the will. 9 Confirmation of a devise by the testator's heir-at-law. 10 Confirmation by the heir-at-law of a devise in fee ; re- lease in fee by the heir-at-law and the other children of the testator, all beneficially interested under the will ; and assignment by all of them of leaseholds, upon trust to sell the lands when the youngest child comes of age, at which time she is to execute the deed ; with a partial power of pre-emption to the heir-at-law, and admission by the other children that some lands inter- lined in the will, did not pass thereby ; but descended to the heir-a^t-la,w, Bate. 185. „ 378. „ 181. „ 378. 2 Wilde, 331. „ 335. 325. 1 Crabb, 666. 2 Wilde, 339. 3 Jar. 594. 3 Jar. 597. „ 599. „ 602. 605. Digitized by Microsoft® CONFIRMATION. 105 11 12 13 14 15 16 17 18 19 20- 21 22 a. Attestation of the execution by the infant after she became of age. Confirmation of a devise of a copyhold to a younger son, where the testatrix being equitable tenant in tail, with the equitable remainder in fee passed by her will, but the heir being desirous to establish the devise intended to have been made, — for that purpose the heir and the devisee, on the day of the date of this indenture, have surrendered to the use of trustees in fee the devised premises ; with a memorandum, that the surrender was made to the trustees, in trust for the devisee in fee — covenant by heir for further assurance, &c. : and covenant by devisee with heir for peaceable enjoyment of copyholds devised to him. Confirmation by tiie testator's next of Mn of payments to legatees under his will, whereby he gave his residuary personal estate, to such of his nephews and nieces as should be living when the youngest came of age ; and consent to the payment of the residue when the youngest child shall come of age. Confirmation of the title of a purchaser of copyhold, where the title was derived under a surrender by a married woman alone, without her husband, to the use of her- self for life ; remainder to her husband in fee, with an intended shifting use in fee, which failed of effect ; the confirmation being by a release by the heir of the wife to the purchaser in fee, according to the custom of the manor. Confirmation of a lease by one of three trustees, where a testator gave leasehold lands to three trustees, upon trust to underlease so much as he should not have leased, two only of whom having been parties to a lease, and doubts having arisen, whether two of the trustees were alone competent to make the lease : therefore the other consented to confirm : and which is accordingly done by indorsement on the lease. Ditto. Confirmation of a lease by the lessor who had not the legal estate when he executed the lease. Ditto. Confirmation of a lease to the assignee thereof, and de- feazance creating a new condition. Confirmation of a lease supposed to be defective, by an indorsement thereupon. Deed of confirmation to a purchaser by a vendor, to be endorsed on the purchase deed, in pursuance of his covenant for further assurance. Deed of assurance and confirmation of a piece of land which had been unintentionally omitted in the deed conveying the bulk of the property (by indorsement on principal conveyance). Confirmation of sale and conveyance of premises directed by a testator to be sold for the benefit of his widow and 3 Jar. 615. „ 615. „ 617. „ 620. „ 623. 2 Piatt, 811. 3 Jar. 625. 1 Crabb, 667. 3 Jar. 627. 2 Wilde, 337. „ 341. 2 Prid. 633. Digitized by Microsoft® 106 CONSENT. 23 24 25 26 27 28 10 11 12 five children ; and release of claims by a person entitled to several shares, and in several capacities, and two other persons entitled to shares in their own rights in the purchase money. Confirmation of a deed to which either a widow or a spinster was a party, but who married before she executed the conveyance. Deed of confirmation of an annuity charged on lease- hold premises, and fresh powers of distress and entry, the grantor having become possessed of the legal estate since the original grant. Confirmation (by the person entitled in default of appointment) of a doubtful appointment of a share in a sum of money directed to be raised under the trusts of a term of years. Eelease of the power of appointment. Confirmation by the principal of the act of his attorney (indorsed on a deed of conveyance by the attorney). Confirmation of mortgage deeds destroyed by fire. Deed of confirmation by inspectors. CONFISCATION {see Foefeittjee, ^^osO- CONSENT (see also Assent, ante). Consent by executors to the bequest of leasehold premises or other specific legacy. Consent by the owner of land to a highway being carried over it. Deed of consent by a father to the raising part of a child's portion, in pursuance of a power (with varia- tions). Consent by the first commissioner of the treasury, &c., to the building or repairing a parsonage house, &c., where the patronage is in the crown. Consent by an ordinary and patron to a parsonage house being repaired. Deed of consent by trustees to the exercise of a power of revocation of a settlement. Consent by landlord under 14 & 15 Yict. c. 25 (as to removal of farm buildings, &c). Landlord's consent pursuant to 14 & 15 Vict. c. 25, s. 3, to the tenant erecting or putting up buildings, engines, or machinery. Consent by a mortgagor a tenant in common, that the mortgagee may produce the title-deeds. A purchaser's consent to deUver up an agreement for the sale of an allotment of common. Consent by a vendor that a purchaser may retain part of the purchase money. Consent from the owner of land through which a new highway is proposed to be made. Bird, 84. Green. 217. Bird, 79. 5 Dav. 1037. 2 Wilde, 334. 3 Jar. 629. Hayes, 295. 2 WUde, 343. „ 345. „ 346. „ 348. I> 350. ?J 352. E. p. M. 138. "Woodf. 1051. 1 Crabb, 669. )J 670. )) 670. Wool. W. 563 Digitized by Microsoft® CONTRACTS FOR BUILDING. 107 13 Consent to a judge's order in an action of assumpsit. 14 Order thereon. 15 Consent for taking the copy of a satisfied warrant of at- torney off the file, where judgment has not been signed. 16 Protector's consent to the barring of an estate tail. 17 Ditto. 18 Consent of protectors of estate-tail, in freeholds or copy- holds, to the barring of such entail, by a separate deed. 19 Consent by protectors of estate tail in copyholds to the barring of such entail by deed poll. 20 Consent of the protector of a settlement of copyholds to an absolute disposition by a tenant in tail in re- mainder. 21 Consent of protector, by a distinct deed, enabling the tenant in tail to bar his estate tail and the re- mainders oyer. Variation where the entail was created by wiU. 22 Consent of the protector of a settlement to an absolute disposition by a tenant in tail in remainder. 23 Ditto. 24 Consent of the protector of a settlement to a particular disposition by a tenant in tail in remainder. 25 Deed of consent by the immediate tenant for life to a dis- position by the first tenant in tail, for the purpose of acquiring an estate in remainder in fee simple. 26 Ditto. 27 Consent of protector of an estate tail in remainder in copy- holds by a deed to be entered on the court rolls for the purpose of enabling the tenant to bar the entail. CONSIDERATIONS IN DEEDS. 1 Common consideration in a conveyance. 2 "When consideration is as to part secured by bond. 3 Consideration money in part satisfaction of a mort- When part was paid to a third person by vendor's direc- tion. CONSIGNMENTS {see Shipping, post). CONTRACTS FOR BUILDING. {see also Btiildikg Leases, post). Agreement for building a house. Ditto. Contract for the erection of dwelling houses. Ditto. Agreement for building several houses, or a new street or row. Hawk 98ffl. 985. Moore 112. Day. Con. 484. 3 Dav. 1175. Sweet, 207. 9 Jar. 286. She!., R. P., 738 1 Hug. 333. SheL, E. P., 736. 2 Crabb, 927. SheL, R. P., 737. 846. 2 Crabb, 931. 2 Prid. 493. Ship. 37. „ 37. 38. 38. 1 Crabb, 82. Ship. 226. Wilk. 72 Prior, 292. 1 Wilde, 67. Digitized by Microsoft® 108 CONTRACTS FOR BUILDING. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 25 Contract under seal, for building a warehouse, still-house and houses. Contract to build a house, &c., the materials to be pro- vided by the builder. Ditto, with variations. Contract between a builder and a landowner for the erection of houses, according to specifications, and a schedule of prices. BuUding contract. Ditto. Agreement to let a field for building, &c. Ditto. Contract with a sub-contractor. Contract between a firm of builders, and a trading joint stock company, for the erection and completion of an engine-house and works. Agreement by commissioners under an act of parliament, with a mason and a carpenter for building a bridge. Agreement by a parish (or a body of joint proprietors) for erecting a workhouse or other public building. Contract for works with a burial board. Contract for building a school-house (a concise form). Contract for repairing a school-house and almshouses (under the direction of. the Court of Chancery). Contract for building, repairing, or altering a house, church, &c. Agreement with a builder to take down and rebuild the front of a house, and do other repairs. Contract for altering premises. Contract for pulling down premises. Agreement by a landlord (or tenant) to build up premises destroyed by fire. 26 Agreement for building or completing a ship. 27 Ditto. 28 Ditto. 29 Agreement for building a merchant ship or vessel (with variations). 30 Form of agreement to build a ship, and for payment of price by instalments, regulated by the progress of the work. 31 Agreement by a builder to build a merchant ship, and to let the same to freight. 32 Ditto. 33 Ditto. 34 Agreement with a ship-builder for building or repairing a merchant ship or vessel. 35 Agreement for sale, and finishing the hull of a ship, from the shipwright. 36 Agreement to hold part of a ship to be built, and pay pro- portions of the prime cost and outset. 37 Bond from the builder, and a surety, in the usual form of a joint and several bond. 4 Chit. 173. 1 Jar. 680. 1 Wildu, 59. 2 Dav. 142. Wilk. 65. 1 Prid. 109. Ship. 228. 1 Crabb, 114. Wilk. 80. 2 Dav. 145. 1 Jar. 687. 1 Wilde, 75. Baker, B. 250. Moore, 97. „ 102. „ 107. 1 Wilde, 69. Wilk. 81. „ 82. 1 Wilde, 72. 1 Jar. 702. 4 Chit. 175. 1 Crabb, 84. 1 Wilde, 81. Creenh. Ap. 452. 2 Crabb, 1476. 1 Wilde, 85. 4 Chit. 269 2 Crabb, 1473. 4 Chit. 178. „ 182. „ 175. Digitized by Microsoft® CONTRACTS FOR LETTING. 109 38 Bond for performance of a contract for building a ship, and to let the same to freight. See Bonds foe PAriEFUL service, CONTRACTS FOR HIRE. 1 Agreement for the hire of a coach or a chariot. 2 Agreement with a coach-maker, for the hire of a chariot, and keeping it in repair (with variations). 3 Agreement for the hire of a steam-engine and apparatus, with the option of purchase. 4 Agreement for the use and sale of two lace machines. CONTRACTS FOR LETTING {see Leases (Agheements foe), j)ost). 1 Agreement for lodgings. 2 Agreement to let a furnished house or apartments. 3 Ditto. 4 Ditto. 5 Ditto. 6 Ditto. 7 Ditto. 8 Ditto. 9 Ditto, by the month. 10 Ditto, from year to year. 11 Ditto. 12 Ditto. 13 Ditto. 14 Ditto. 15 Ditto. 16 Agreement to let a house. 1 7 Ditto. 18 Concise agreement for letting a furnished house. 19 Agreement for letting premises or unfurnished lodgings. 20 Concise agreement for letting furnished lodgings, with attendance, &c. 21 Agreement for letting a furnished house, and grounds for a short period. 22 Agreement for letting a house, or apartments, for a less term than a year. 23 Agreement for letting a house for three years, with usual stipulations. 24 Ditto. 25 Agreement for a letting for one year certain, and so on from year to year. 26 Agreement for letting lodgings for one week, and from thenceforth, from week to week. 27 Agreement to take a furnished house for a year, the landlord to pay all rates and taxes ; with a proviso for determining the term, in case of non-payment of rent, or lessee permitting the furniture to be taken in execution. 4 Chit. 181. 1 Crabb, 86. 1 WiLde, 107. Wilk. 8. 2 Dav. 137. Coote,L. & T.,675. 1 Crabb, 107. Coote,L. & T.,676. 1 Wilde, 152. 1 Prid. 106. 1 Jar. 420. E. P. M. 9. Prior, 132. Wilk. 4. Goote,L. & T.,682. Prior, 131. Sweet, 59. Bate. 344. Dav. Con. 50. 5 Dav. 19. Lloyd, 240. H. L. F. 75. Woodf. 1014. Moore, 27. Woodf. 1014. Andr. 1. Bate. 345. 1 Hug. 445. Green. 140. Coote,L. &T.,684. Ship. 219. 1 Hug. 451. Digitized by Microsoft® 110 CONTRACTS FOR SALE. 28 Agreement to let a house and shop by the year, the rent being payable in advance, and the tenant to hare the option of purchasing the landlord's lease. 29 Agreement to let a dwelling-house by the month. 30 Concise outline of terms for letting a farm, with reference to a previous lease. 31 Agreement for letting a farm. 32 Ditto, from year to year. 33 Terms for letting a farm. 34 Agreement and conditions for letting a farm. 35 Agreement for the hiring of chambers. 36 Brewer's agreement for taking a public house. 37 Agreement to let a field by the year with special conditions as to the mode of user. 38 Agreement to occupy a cottage. 39 Agreement for letting a cottage from year to year. 40 Agreement to let a cellar by the year. 41 Agreement to let an office by the year. 42 Agreement to let a slaughter house by the year. 43 Agreement to let a theatre for a term, surety guaranteeing rent, &c. 44 Agreement by a lessee for letting premises (held by him under a lease) for a short term. 45 Agreement for continuing tenancy beyond the period defined in the original agreement. 46 Agreement for letting farniture. CONTRACTS FOR SALE. Freeholds. 1 Agreement for the sale of freehold property. 2 Ditto. 3 Ditto. 4 Ditto. 5 Ditto. 6 Ditto. 7 Ditto. 8 Ditto (a short form). 9 Ditto. 10 Ditto. 11 Ditto. 12 Ditto (full form). 13 Ditto (short form). 14 Agreement for the sale of freehold house and fixtures. 15 Agreement for the sale of freehold property by private contract, not referring to conditions of sale. 16 Agreement for the sale of freeholds with conditions similar to those used on a sale by auction. 17 Agreement for the sale of freeholds without special con- ditions. 18 Ditto. 19 Agreement for the sale of a manor, advowson, tithes, messuages, &c., in fee, by three trustees under a will, Wilk. 10. „ 3. Woodf. 1017. 1 Crabb, 102. Andr. 6. 1 Hug. 448. Ship. 219. H. L. F. 98. 87. 115. Wilk. 7. 1 Crabb, Andr. 4. Wilk. 4. „ 5. „ 12. „ 12. Ship. 221 Lloyd, 240. Moore, 24. 1 Prid. 71. 1 Hug. 12. Prior, 55. Wilk. 21. 1 Jones, 6. Green. 131. 1 Jar. 456. „ 454. E. P. M. 92. Ship. 203. 1 Crabb, 159. Moore, 73. 1 Crabb, 162. C. 18. Bate. 186. Day. Con. 53. 2 Day. 3. 51. Digitized by Microsoft® CONTRACTS FOR SALE. Ill Feebholds — continued. one of whom is one of the cestuis que trust, and in which the other cestuis que trust joins,'to two persons ; the timber is to be taken at a valuation, if not exceed- ng a certain sum ; stock transferred to a third person by way of deposit ; and agreement by the purchasers to allow the tenants a compensation for crops, &c. 20 Agreement for the sale of an infant's estate in fee ; and covenant that the infant, or his heirs, when competent, shall convey ; and that a mortgagee for years shall assign his security to the purchaser, and that, in case of the infant's default, a sum shall be paid by way of liquidated damages. 21 Agreement under seal for the sale and purchase of free- hold lands, containing special stipulations as to title. 22 AgTeement for sale and purchase of a manor, fishery, &c., in fee (except a small part which is leasehold); part of the purchase-money is to be paid and the remainder secured by the bond of the purchaser, and a mortgage of the premises sold ; or by assignment of a mortgage of other premises, if the trustees of the marriage settle- ment of the vendor should be enabled to accept that security ; and agreement by purchaser that persons to be entitled under an intended settlement of the estate purchased, shall enter into a bond for securing the regular payment of the interest during the time they shall be in possession ; and the vendor covenants to make out the title, &c., and to procure an act of Par- liament, if necessary: with special provisions as to errors of description. 23 Agreement for sale of a hfe estate in freeholds. 24 Agreement for sale of a life estate in freeholds and copy- holds. 25 Agreement for sale of a reversionary interest in freeholds. 26 Agreement on sale of a remainder or reversion. 27 Agreement for sale of freeholds, which are subject to a perpetual yearly rent-charge. 28 Purchase agreement, founded on the conditions of sale, but not referring to them. 29 General form of agreement for sale. 30 Contract for the purchase of land by a burial board. Copyholds. 31 Agreement for the sale of a copyhold of inheritance. 32 Ditto. 33 Ditto. 34 Ditto. 35 Ditto. 36 Ditto. 37 Ditto. 38 Agreement for the sale of a copyhold messuage, with fixtures and furniture. 1 Jar. 490. 496. 500. „ 537. 1 Prid. 80. R. P. M. 103. 1 Prid. 81. R. P. M. 107. 1 Prid. 83. Bate. 192. „ 347. Baker, B. 247. 1 Jar. 541. 1 Crabb, 163. 1 Prid. 78. 1 Hug. 23. 1 Jones, 11. R. P. M. 99. Ship. 205. 2 Dav. 6. Digitized by Microsoft® 112 CONTRACTS FOR SALE. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Copyholds — continued. Agreement for the sale of a freehold and copyhold estate to an agent. Iieaseholds. Agreement for the sale of leasehold premises. Ditto. Ditto. Ditto. Ditto (special form). Ditto. Ditto. Ditto (strict form in favour of vendor) with the addition of a special clause. Special contract for sale of leasehold premises by a com- pany to a purchaser. Agreement for the sale of leasehold premises, with a cove- nant to take the furniture. Agreement for the sale of a leasehold dwelling-house. Agreement for the purchase of a leasehold estate, with immediate possession, and with a stipulation as to the fixtures. a. Variations adapted to purchase agreements. Agreement for the sale of leasehold property held by an underlease and the tenant's fixtures. Agreement for purchase of house and land, with fixtures (deferred possession, special arrangement as to title deeds). Agreement for the sale of a public-house lease, good-will and fixtures. Agreement for the purchase of a public house lease and for services as barman meanwhile. Agreement for the sale of leasehold property by private contract, not referring to conditions of sale. Agreement for the purchase of a leasehold house, and the utensils and good- will of a business. Ditto. Agreement for the sale of a leasehold house and shop, and the stock and trade and good-will of the business carried on there. Agreement for purchase of leasehold premises and stock- in-trade of a lace manufacturer, the value of the stock to be paid by bills. Agreement for sale of lease and good-will of a trade or business. Agreement for the purchase of leasehold premises, with the fixtures and implements of trade, and the good-will of the business. Agreement for the sale of a dwelling-house in course of erection, and the benefit of an agreement for a lease. Agreement for the purchase, &c., of a leasehold messuage, &c., with covenants to assign the lease when found, it 1 Crabb, 164. „ 169. 1 Prid. 74. 1 Hug. 18. 1 Jones, 12. H. L. F. 14. E. P. M. 100. Ship. 206. H. L. F. 77. „ 80. 1 Crabb, 167. Wilk. 17. Ship. 208. „ 209. 1 Prid. 75. Prior, 56. Wilk. 19. „ 18. Bate. 189. 4 Chit. 187. iJar. 554. 1 Prid. 77. Green. 127. H. L. F. 96. 1 Hug. 28. Wilk. 16. Digitized by Microsoft® CONTRACTS FOR SALE. 113 Leaseholds — continued. being mislaid. Purchase-money to be paid by instal- ments, with interest. 65 Agreement for the sale of a house, bake-house, water grist mill, and premises, from two vendors, in which a surety joins for the purchaser, the consideration being a gross sum of money, and two life annuities to the vendors, to be secured upon the estate, and by the bond of the purchaser and four sureties, the fixtures to be taken at a valuation, and if purchaser should die before the conveyances are executed, the surety agrees to become the purchaser upon the same terms. 66 Agreement for the purchase of the whole, or part only, of a leasehold estate, with or without the license of the lessor. Mixed Property. 67 Agreement for the sale by trustees of an estate, comprising freeholds, copyholds, and leaseholds. 68 Agreement for the purchase of freehold, copyhold, and leasehold premises for lives and for years. 69 Ditto. 70 Agreement with ordinary stipulations as to title, for sale of a freehold, copyhold, and leasehold estate. 71 Contract for a lease, and sale and purchase of a freehold inn, which is to be used as a private residence. Timber. 72 Agreement for the purchase of growing timber. 73 Agreement for sale of growing timber, additional stipula- tion where the vendor is tenant-in-tail, or for life, without impeachment of waste. 74 Agreement for the sale of standing timber. 75 Ditto. 76 Agreement for the sale of timber. Miscellaneous. 77 Agreement for sale where part of the purchase-money is to remain on mortgage of the property for a certain period. 78 Agreement for sale to a railway company, purchase-money to include compensation for severance ; company to make specified accommodation works. 79 Agreement for sale to a railway company, power to com- pany to take possession before completion upon deposit- ing purchase-money. 80 Agreement for purchase of land by a railway company with an agent. 81 Agreement for building grant in fee in consideration of perpetual rent charge. 82 Agreement for the purchase of a remainder or reversion in fee, expectant on an estate for life. 1 Jar. 510. „ 534. „ 550. 1 Prid. 79. 1 Jar. 576. R. P. M. 105. 2 Dav. 9. Moore, 84. 1 Jar. 579. 1 Hug. 37. 2 Dav. 36. 1 Crabb, 174. R. P. M. 32. 1 Prid. 88. „ 90. „ 92. Prior, 57. 1 Prid. 93. 1 Jar. 545. Digitized by Microsoft® 114 CONTRACTS FOR SALE. Miscellaneous — continued. 83 Agreement for the purchase of an estate for the life of the vendor, or for the life or lives of another person or persons. 84 Agreement by an executor and trustee and some of the persons beneficially interested in the sale of a brewery and its plant, the purchase-money to be paid by instal- ments, and secured on the "brewery and on property of the purchaser. Purchaser to be the tenant of the trustee, and to carry on business under his inspection until completion of purchase. Power of re-sale on purchaser becoming bankrupt or failing to complete the purchase. 85 Contract for the sale of an estate by private contract. 86 Ditto. 87 AgreeiiLent for purchase, and for reference to arbitration of purchase-money. 88 Agreement between two guardians respecting the purchase of an estate by them for their infant ward. 89 Agreement for the sale of an infant's estate, by- his mother and uncle, and for the assignment to the pur- chaser of a mortgage on the estate. 90 Agreement for sale to a local board of health under the Lands Clauses Consolidation Act, subject to the appro- bation of the Court of Chancery. 91 Agreement between a local board of health and a water- works company for the purchase of waterworks, under the provisions of the Public Health Act, 1848. 92 Agreement for a purchase to be made under the direction of the Court of Chancery, with fands in court. 93 Agreement for purchase of an estate under a decree of Chancery. 94 Agreement for sale of a strip of land adjoining a mineral property, in consideration of a lease of the mines and purchased land. 95 Agreement for the sale of a building site. 96 Contract on sale of an equity of redemption. 97 Contract on sale of a manor. 98 Contract on sale of an advowson. 99 Contract on sale of great tithes. 100 Contract on sale of next presentation. 101 Contract on sale of a rent charge. 102 Contract for sale of a rent charge, annuity, &c. 103 Contract on sale of a life annuity. 104 Contract on sale for annuity and sum of money. 105 Contract on sale by two persons. 106 Contract on sale by several persons on behalf of them- selves and an infant. 107 Contract on sale to two or more persons. 108 Contract on sale of moiety or other share. 109 Contract on sale by agent. 110 Agreement for the sale of a ship. 111 Ditto. 1 Jar. 547. 2 Dav. 15. Hayes, 175. Lloyd, 235. „ 237. 1 Crabb, 166. 2 Dav. 25. Hayes, 179. 2 Dav. 56. • „ 63. 1 Jones, 16. Prior, 58. Clay. 174. E. P. M. 109. „ 110. „ 111. „ 113. „ 113. „ 114. Moore, 87. R. P. M. 115. „ 116. „ 117. „ 117. „ 119. „ 120. „ 120. 2 Crabb, 1479. Greenh. Ap. 450. Digitized by Microsoft® CONVEYANCES. 115 MisoEIiLAKEOUS— coreforewe^. 112 Agreement for the sale of a ship. 113 Agreement for the sale of a parcel of goods on arrival of a ship. 114 Agreement between A, B, C, and D, to purchase a cargo in coals, in certain proportions, to be taken out of Tessel in certain manner. 115 Agreement to assign a boarding-school, lease of the Ibusiness, and furniture. 116 Agreement for putting off a business. 117 Indenture covenanting for payment of an annuity col- laterally secured by bond, in consideration of resigning the business of a surgeon and apothecary. 118 Contract for sale of an attorney's business. 119 Agreement for sale of standing corn, unfinished articles, &c. CONVEYANCES (see also Geants, post). Freeholds. 1 Conveyance by appointment and grant from a vendor to a purchaser. 2 Ditto. 3 Ditto. 4 Ditto. 5 Ditto. 6 Ditto. 7 Ditto. 8 Ditto, with covenant to produce deeds. 9 Conveyance by appointment and grant, and release to uses to bar dower, with usual covenants for title. 10 Short form of deed of appointment, and release to uses to bar dower, with usual qualified covenants fot title. 11 Conveyance by way of appointment to dower uses, with usual covenants for title. 12 Conveyance by appointment and grant to uses to bar dower. 13 Ditto. 14 Ditto. 15 Ditto. 16 Ditto. 17 Ditto. 18 Ditto. 19 Appointment and release in fee by the vendor and his trustee, to the purchaser and his trustee, to uses to prevent dower. 20 Conveyance by appointment and lease and release to a purchaser. 21 Conveyance by appointment, and release by a vendor to a purchaser and his trustee to uses to prevent dower, with variations, when vendor's trustee is made a party. 22 Ditto. 23 Appointment in fee to uses to prevent dower. Variation Green. 134. 4 Chit. 202. „ 193. 1 Crabb, 173. Bate. 347. 4 Chit. 190. Moore, 91. „ 40. 2 Crabb, 1260. Hayes, 199. HouB. 76. Dav. Con. 67. 2 Dav. 212. 1 Prid. 197. 2 San. 234. Green. 218. 1 Hug. 43. „ 52. „ 57. Hous. 74. Dav. Con. 71. Hayes, 202. 2 Dav. 215. 0. 34. 1 Prid. 193. 2 Jones, 46. 9 Jar. 68. 2 Hay. Intr. 93. 2 Jones, 39. Sweet, 137. I 2 Digitized by Microsoft® 116 CONVEYANCES. 24 25 26 27 28 29 30 31 32 33 84 35 36 87 38 39 40 41 42 43 44 45 46 FwEERaLDB— continued. where the property is sold subject to a mortgage for a term (a short form). Ditto. Conveyance by appointment under a power of sale in a settlement, of a manor and other freehold estate to uses to bar dower, the purchase having been made at an auction, through an agent who is a party to the con- veyance. Conveyance by appointment and grant from a vendor, having a power of appointment over part, and being seised of the remainder under a devise in fee to a trustee in fee in trust for a sub-purchaser. An annui- tant, under the will of the vendor's father, joins to re- lease her annuity. Conveyance by appointment for a married woman in execution of a power to two purchasers as joint tenants. Conveyance by owner seised in fee. Conveyance by lease and release. Ditto by a vendor married on or before the 1st January, 1834, the wife joining to extinguish her right to dower. Conveyance by grant to uses to bar dower. Ditto. Conveyance of freeholds by a vendor, whose wife joins to bar her dower. Ditto. Ditto. Ditto. Ditto. Ditto. Conveyance in fee of freeholds by a vendor and his wife to uses to prevent dower in favour of a purchaser. (Yariations where the property being subject to a mort- gage for years, the conveyance is made by grant, with or without the concurrence of the mortgagee, and also where the conveyance is taken by appointment.) Ditto. Eelease in fee by a vendor claiming by descent, to a pur- chaser, to uses excluding dower, so far as may be, with- out a trustee (variation, where the vendor's wife joins to extinguish her dower), a short form. Conveyance by grant and release to a purchaser in fee, with usual covenants for title. Conveyance by husband and wife to a sub-purchaser, the wife concurring to extinguish her dower. Conveyance of freeholds by a vendor entitled under a limitation to uses in bar of dower. Conveyance of freeholds to a purchaser married before 1834. Conveyance to uses to bar dower, the vendor being entitled by purchase, but it being inexpedient to recite the purchase deed. Material alterations in the property having occurred since last purchase. 9 Jar. 154. Sweet, 147. 2 Dav. 230. Hayes, 213. „ 218. 2 Crabb, 1264. 2 Jones, 1. 2 Hay. Intr. 188. Hous. 77. Prior, 59. Prior, 60. Dav. Con. 62. Hous. 81. 2 Dav. 206. 1 Eouse, 4. Ship. 372. Sweet, 140. 9 Jar. 196. jj 162. 1 Hug . 55. )> 64. Prior, 61. j> 61. Lewis, 174. Digitized by Microsoft® CONVEYANCES. 117 Freeholds — continued. 47 Conveyance on sale of freeholds from H seised in fee to B in fee, where H is entitled by purchase, and B was not married before 1834. The property having been altered by building operations since the last sale. 48 Conveyance of freeholds. 49 Conveyance by an owner in fee, and his wife to a purchaser to uses to bar dower. 50 Appointment in fee by vendor to a sub-purchaser, by the direction of the original purchaser, with the surrender of a term by a mortgagee. 51 Conveyance of freeholds, trustee joining to convey out- standing legal estate. 52 Conveyance to uses to bar dower, by a vendor seised in fee, his wife releasing her dower. 53 Conveyance by grant in fee. 54 Conveyance of freeholds to purchaser in fee. 55 Grant of freeholds to purchaser in fee, with covenants for title and for production of deeds (in paragraphs). 5 6 Conveyance of freeholds to purchaser in fee, with covenants for production of deeds (a very short form). 57 Conveyance of freeholds to a purchaser, who covenants not to build or to allow any trees or shrubs to exceed a certain height. 58 Conveyance of freeholds and a right of way over other lands. 59 Conveyance of a piece of freehold land, purchased at auction from a land company. 60 Conveyance of a freehold, either by auction or private contract, and covenants for production of title-deeds. 61 Conveyance of freehold lands, reserving the minerals to the vendor, with powers for working the same. 62 Conveyance of freeholds to purchaser under a power of attorney executed by the vendor, who is abroad. 63 Conveyance of freeholds by vendor by the direction of the purchaser to a trustee for the separate use of the purchaser's wife. 64 Conveyance of freeholds in fee simple by a municipal cor- poration to a purchaser. 65 Conveyance by lease and release by a grandson to another grandson, a purchaser, whereby and by a previous con- veyance made to him by the testator's heir-at-law, a contingent remainder was destroyed, there being no means of conveying such remainder without the heir- at-law, since the abolition of fines and recoveries. 66 Conveyance of a plot of land by vendor on lotting out a field for building purposes. Conveyances by Wife, Husband joining. 67 Conveyance by husband and wife, seised in right of th_e wife, of freeholds. 68 Ditto. 69 Conveyance by a married woman to uses to bar dower. Lewis, 29. Prior, 298. Hayes, 208. 9 Jar. 281. Hous. 126. 2 Dav Hous. 1 Prid 210. 78. . 189. » 192. 3J 192. JJ 332. )) 330. H. L. F. 117 » 122 1 Prid .301. J? 250. J? 223. Sweet, 151. 2 Jones, 51. Green. 221. Hous. 79. 1 Prid. 220. Dav. Con. 65. Digitized by Microsoft® 118 CONVEYANCES. Conveyances by Wife, Husband soisisg— continued. 70 Conveyance in fee, by a married woman seised in fee. 71 Conveyance of freeholds purchased by a married woman out of her separate money. 72 Ditto. 73 Eelease by a married woman of her right to dower in per- formance of her husband's covenant with a mortgagee to levy a fine. 74 Conveyance by a married woman under a power. The husband joins to covenant for title. 75 Conveyance in fee by a married woman under a power, and by grant to be acknowledged, and by her trustees and mortgagees. 76 Appointment by a married woman under a general power, the purchase-money being paid to the husband who covenants for title. (Variation where the purchase- money is paid to a trustee as the separate property of the wife.) 77 Conveyance by a lease and release by husband and wife, the legal estate being in the wife as heiress-at-law of a deceased trustee, and the vendor having the equitable estate of inheritance, to a purchaser, to uses to bar dower. 2 Dav. 217. Dav. Con. 90. 2 Dav. 242. 2 Hay. Intr. 102. 1 Prid. 222. 2 Dav. 420. Sweet, 148. 2 Jones, 17. 9 Jar. 244. Conveyances toy Devisees in Trust for Sale and Trustees. 78 Eelease in fee by devisees in trust for sale (one of whom is heir). Covenants for title by the heir who is beneficially interested in the purchase-money. Variation where the heir-at-law, not being a trustee, concurs. Also where the consent of a third person is required to the sale. Also where the testator has subsequently con- tracted for the sale of the property. 79 Release in fee by trustees for sale of the moiety of a manor, with the consent of the cestuis que trust, to a purchaser, where part of the pm'chase-money remains on mortgage, secured by a term of years limited to the vendors. Covenants for title by the cestuis que trust, who are numerous. (Variation where vendor's mort- gage is in fee.) 80 Conveyance by lease and release by an heir-at-law of a surviving devisee in trust, by two other devisees in trust of the equitable estate, and by the three devisees beneficially interested in such equitable estate under the wills of the two last owners to a purchaser, to uses to bar dower. 2 Jones, 7. 81 Conveyance by trustees for sale. Ship. 368. 82 Ditto (under a will). 2 Crabb, 1271. 83 Conveyance from devisees in trust and heir-at-law. Ship. 369. 84 Conveyance by revocation and appointment by the trustees of a marriage settlement under a power of sale by direction of the tenant for life, to two as tenants in common. The tenant for life covenants for title and to produce deeds. Hayes, 228. 252. Digitized by Microsoft® CONVEYANCES. 119 Conveyances by Devisees in Teust for Sale and Trustees — continued. 85 Conveyance on a sale by auction in lots by devisees in trust to trustees of a residue directed to be invested in land — the persons interested in the produce of the sale covenanting for title according to their respective shares. — The largest purchaser covenants to produce title- deeds. 86 Conveyance by trustees for sale under a conveyance in trust for sale, for securing money to the use of a mort- gagee (who advances part of the purchase-money) for a term of years, and subject thereto to the purchaser in fee. 87 Conveyance by trustees under a power of sale contained in a will, the heir and legatees concurring. 88 Conveyance in fee by trustees under trusts for sale in a will to a purchaser who is beneficially entitled to a por- tion of the proceeds of the sale. 89 Conveyance by the trustees of a will of the unsold portion of real estate devised upon trusts for sale for the purpose of raising money to pay debts and legacies in aid of the personal estate, to the devisee, to whom the premises are devised subject to the above charges, all of which are now satisfied. 90 Conveyance of freeholds by executor (who was also the testator's heir-at-law), under a will directing a sale, but without specifying by whom the sale should be made, or blending the sale monies and personalty. 9 1 Conveyance of freeholds by trustees, and cestuis que trust to uses to prevent dower in favour of one of the trustees. 92 Conveyance in fee by devisees in trust for sale of an un- divided moiety of freeholds. 93 Conveyance of freeholds by trustees under a testamentary trust for sale. The cestuis que trust join to covenant for title. 94 Conveyance under a testamentary trust for sale by new trustees appointed under a power in a will. Cestuis que trust being numerous and having various interests, join to covenant for title, and trustees covenant for produc- tion of deeds. 95 Conveyance of freeholds by trustees for sale, one of the trustees being the purchaser, with the consent of the persons beneficially interested in the sale moneys. 96 Conveyance by executor under the Act 22 & 23 Vict. c. 35, s. 16 (variations for copyholds). 97 Conveyance from a devisee under a will, in which the testator's widow (entitled to an annuity) and a legatee join in releasing the premises sold (the remainder of the premises being a suflScient security). 98 Conveyance in fee to a purchaser by trustees, under an Act of Parliament for effecting a sale of certain settled estates, which were inconveniently detached from the bulk of the family property. 99 Conveyance by trustees under a power of sale in a settlement. Hayes, 235. „ 261. 1 Hug. 59. „ 183. „ 383. Prior, 312. Sweet, 158. 2 Dav. 323. 1 Prid. 255. „ 256. „ 258. Hous. 94. Ship. 376. 9 Jar. 593. Hous. 86. Digitized by Microsoft® 120 CONVEYANCES. Conveyances by Devisees in Teust foe Sale and Trustees — continued. 100 Conveyance by trustees under a power of sale in a settlement. 101 Ditto. 102 Conveyance from trustees under a marriage settlement in pursuance of a power of revocation reserved therein to a purchaser. 103 Conveyance of freeholds by donees of a power under a settlement, with the concurrence of the tenant for life. lOi Conveyance under a power of sale in a settlement, with the concurrence of the tenant for life, who covenants for the title and for the production of the settlement. 105 Ditto. 106 Conveyance by trustees under a power of sale in a settle- ment at the request of the tenant for life, and with the consent of his mortgagee. 107 Conveyance by lease and release from trustees for sale to a purchaser ; mortgagees and the owner of the equity of redemption concur ; surrender of a mortgage term. Assignment of another mortgage tenn to attend the inheritance. Conveyances to Trustees. 108 Eelease in fee on a purchase by trustees under a power in a marriage settlement, with the consent of the parties beneficially interested, the conveyance being made to the uses of the settlement. 109 Conveyance to uses of a settlement on a purchase by the trustees. 110 Ditto. 111 Conveyance by a vendor to trustees, upon trust to carry into effect an existing contract for sale, with power to vary it, or to rescind it, and re-sell the estate. 112 Conveyance to trustees as purchasers under a power con- tained in a settlement to lay out trust-money in purchase of land. 113 Conveyance to the uses of a real property settlement where the purchase is made with moneys arising from a sale of the settled property under a power of sale. 114 Conveyance of freeholds by husband and wife to the trustees of a personal settlement (under a covenant to settle the wife's after-acquired property), and declara- tion of trust of stock and mortgage securities trans- ferred to the trustees under the same covenant. 115 Conveyance to the trustees of a personal settlement of freeholds and hereditaments purchased under a power of investing in the purchase of land. 116 Conveyance of freeholds to the uses of a will devising lands in strict settlement. 117 Conveyance to the uses of a will, of freeholds purchased by the trustees. Dav. Con. 86. 1 Hug. 69. 2 Crabb, 1268. Prior, 73. Sweet, 152. 9 Jar. 233. 1 Prid. 261. 2 Hay. Intr. 98. 9 Jar. 450. Hous. 89. 2 Dav. 304. „ 315. 1 Prid. 270. „ 272. Prior, 220. „ 222. „ 223. 2 Dav 312. Digitized by Microsoft® CONVEYANCES. 121 120 121 Conveyances to Trustees — continued. 118 Conveyance of freeholds in the city of London in mortgage to the trustees of a loan society. 119 Conveyance by clerk of peace to trustees of settlement. Conveyances by Joint Tenants and Tenants in Common. Eelease by three of four co-heirs (the other being an infant) of their three undivided fourths. Covenant that the infant co-heir shall convey his share when of age. (Variation where purchaser retains the infant co-heir's share of the purchase-money, and covenants to pay it to him on his executing a conveyance of his share.) Appointment and release by two vendors, of their respec- tive moieties, to the devisees of the deceased purchaser, the consideration money having been paid in the purchaser's lifetime, and part of the purchased estate having been conveyed to a sub-purchaser in the pur- chaser's lifetime. Eecitals of inclosure, allotment, &c. Release in fee by devisees, being tenants in common in fee, in execution of a contract for sale entered into by the testator. Conveyance in fee by tenants in common. Ditto. Conveyance by co-parceners. Conveyance of freeholds by persons entitled in equal un- divided shares. Conveyance of freeholds by three tenants in common (two of them being married women). Conveyance of freeholds by several tenants in common, the share of one having been assured upon trust for sale, and being now conveyed pursuant to this trust. Conveyance by tenants in common. Covenants by the father of one of the vendors, who is an infant, that he shall join on his attaining twenty-one, and declaration of trust as to his share in the purchase-money. Conveyance by three tenants in common to two pur- chasers as tenants in common. Release of dower by widow. Release of annuity. Conveyance in fee by two vendors of their respective moieties in a dwelling-house and premises, subject to the estate of a tenant for life. One of the vendors is a married woman, and her moiety of the purchase- money is settled to her separate use. Ditto. Conveyance by tenants in common, one being a married woman, her husband consenting. Conveyance (in fee) by three co-parceners, one of whom is married, and two single. Release by one joint tenant to his companion in fee ; variation where the property is to be limited to dower uses. 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Green. 222. „ 231. 9 Jar. 413. „ 431. „ 437. Hayes, 206. 1 Prid. 236. Dav Con. 73. Prior, 69. 1 Prid. 238. „ 240. » 242. Hous. 82. 1 Prid. 361. C. 75. 2 Dav. 225. 1 Hug. 75. „ 72. Digitized by Microsoft® 122 CONVEYANCES, Conveyances by Joint Tenants and Tenants in Common — continued. 136 Grant of undivided moiety in freeholds by one tenant in common to his co-tenant. 137 Assignment by the owners of two-third parts of moneys to arise from the sale of freehold hereditaments, which are impressed with a trust for sale after the death of the tenant for life, the owner of the remaining third- part being the purchaser, and electing to take the entirety as real estate. Conveyances to Joint Tenants and Tenants in Common. 138 Eelease in fee, with short recitals, to two persons in equal shares, and assignment of terms (by the same deed) in trust to attend. Variation where the sale is made under a power of attorney. 139 Conveyance to purchasers as joint tenants. a. Declaration of trust of lands purchased under a power in a settlement of personal estate (by indorsement on the last precedent). 140 Conveyance of freeholds to tenants in common who advance the purchase-money in equal shares, both having married before 1834. 141 Conveyance to tenants in common in fee of a woollen mill, by devisees and executors of a mortgagee, and executors of the mortgagor; the mortgage being kept on foot without an assignment of the mortgage debt- assignment of machinery. 142 Conveyance of freeholds to two as tenants in common. The lands conveyed being portion of a large estate, and material alterations having occurred since last purchase, but there being no objection to a recital of last purchase deed. a. Deed of covenants for production of title deeds (to accompany preceding conveyance). 143 Conveyance and assignment of freehold house and furniture to two as joint tenants. The parcels being unaltered, and the recital of last purchase deed un- objectionable. Conveyances of Tenants for Life and in Tail. 144 Conveyance by tenant by the curtesy of his life estate. 145 Conveyance of a life estate in freeholds. 146 Ditto. 147 Ditto. 148 Ditto. 149 Ditto. 150 Conveyance of a base fee. 151 Release of freeholds by devisees for life, one of whom has the ultimate reversion in fee, subject to contingent estates tail limited to unborn children. The purchase- money is invested in stock in the names of trustees, 1 Prid. 245. 245. 9 Jar. 199. 1 Prid. 271. „ 249. 2 Dav. 298. Lewis, 188. „ 190. „ 212. 1 Hug. 219. 1 Prid. 263. Dav. Con. 97. Prior, 66. 1 Rouse, 73. Green. 230. Dav. Con. 106. Digitized by Microsoft® CONVEYANCES. 123 CONTETAUCBS OF TENANTS FOE LiFB AND IN TAIL— upon trust to pay the dividends to the parties in- terested ; and if the purchaser is evicted, to re-transfer the fund to him. Eelease by a tenant for life, in consideration of an annuity secured on the premises, to a trustee, for the next remainderman for life, to prevent merger. Conveyance by tenant for life and remainderman, the succession duty being provided for either by a compo- sition before completion or by the covenant of the vendor of the remainder. Conveyance to uses to bar dower by a tenant for life, and the remainderman in fee, and their mortgagees, of a small part of the property. Covenant by the remain- derman to pay succession duty, and by tenant for life and remainderman to produce deeds. Conveyance of freeholds by a tenant for life, and remain- derman entitled in fee under a previous deed of disen- tail. Conveyance of freeholds by father and son under a joint povsrer limited by a previous deed of disentail. Conveyance of freeholds by tenant for life and tenant in tail. Ditto. Ditto. Appointment of land for building by tenant for life, under a power in consideration of a perpetual rent charge. Conveyance in fee by tenant for life, under a power in an inclosure act. Variation where the property in respect of which the allotments are made is of copyhold tenure. 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 Conveyance of freeholds by tenant in tail where there is no protector of the settlement. Conveyance by a tenant in tail in possession to a pur- chaser for an estate in fee simple. Conveyances by Mortgagees. Eelease in fee by a mortgagee under a power of sale, to uses in favour of a purchaser, and also of a person who advances part of the purchase-money, which is secured by the limitation of a term to the lender by way of mortgage. (Variation where mortgage is in fee.) Conveyance by a mortgagee in fee in pursuance of a power of sale in the mortgage by the direction of a purchaser (who borrows money to complete the purchase), to a mortgagee in fee, redeemable by the purchaser. Conveyance of freeholds by mortgagee under a power of sale in a mortgage. Ditto. Ditto. Ditto. 9 Jar. 407. „ 318. 1 Prid. 265. 2 Dav. 289. Prior, 66. „ 67. „ 68. Ship. 370. 2 Dav. 227. 1 Prid. 288. 1 Hug. 186. Prior, 68. C. 169. 9 Jar. 484. Hayes, 256. Hous. 91. 1 Prid. 230. 2 Dav. 272. Dav. Con. 80. Digitized by Microsoft® 124 CONVEYANCES. Conveyances by Mortgagees — continued. 170 Conveyance of freeholds by mortgagee under a power of sale in a mortgage. 171 Ditto. 172 Ditto, by appointment. 173 Appointment in fee to a purchaser by a mortgagee under powers of appointment and sale ; and conveyance and surrender of the estates limited in default of appoint- ment. 174 Conveyance by a mortgagee and trustee for sale of the equity of redemption, the mortgage being kept on foot for the benefit of the purchaser. 175 Conveyance of freeholds by a second mortgagee, under a power of sale ; the first mortgagees join in the convey- ance, and their debt is secured by the purchaser's covenant, and by a new proviso for redemption, and power of sale. 176 Conveyance by the executor and heir of deceased trans- feree of a mortgage under a power of sale in a mortgage. 177 Conveyance by the heir and executors of a mortgagee. 178 Ditto. Conveyances by Mortgagors and Mortgagees. 179 Eelease in fee by mortgagor and mortgagee to purchaser. (Variation where the mortgage is for a term which the mortgagee surrenders.) 180 Conveyance in fee by a mortgagor and mortgagee. 181 Ditto. 182 Ditto. 183 Ditto. 184 Ditto. 185 Ditto. 186 Conveyance of freeholds by mortgagor, mortgagee for a term (with several further charges), the beneficial owner of one of the charges, and the heir-at-law and executor of mortgagee in fee. 187 Conveyance in fee by mortgagee and mortgagor of part of the lands comprised in the mortgage, with covenant for production of title deeds. 188 Ditto. 189 Conveyance of manors, &c., by a mortgagor and mort- gagee, the mortgage debt being assigned to a trustee, as a protection against all mesne incumbrances. Adapted to the case where the mortgagor covenants to indemnify the purchaser against a second mortgage, in which the purchased property had been included with other lands, the latter being deemed a sufficient security. 190 Conveyance by a mortgagor and mortgagees for a term of years to a purchaser in fee, the mortgagees being satisfied that their remaining security is sufBcient. 191 Conveyance from the heir and personal representative of a deceased mortgagee in fee and the heir of the 1 Hug. 120. Green. 225. 2 Hay. Intr. 153. Sweet, 163. 2 Dav. 294. „ 417. 1 Prid. 231. Dav. Con. 81. 2 Dav. 274. 9 Jar. 204. 2 Dav. 270. Dav. Con. 77. Sweet, 164. Prior, 75. Ship. 367. 1 Hug. 112. Prior, 311. Sweet, 165. 1 Hug. 175. 9 Jar. 209. 1 Prid. 227. Digitized by Microsoft® CONVEYANCES. 125 Conveyances by Mortgagors and Mortgagees — continued. deceased mortgagor, to the devisee of a deceased purchaser, and assignment of a mortgage vested by transfer in the trustees of a marriage settlement, — the mortgages are discharged by the administrator of the mortgagor out of his personal estate, in exonera- tion of the heir, and the purchase-money is paid by the executor of the deceased purchaser for the benefit of his devisee. Conveyance by a mortgagor and mortgagee to a pur- chaser at an apportioned rent. Conveyance by a mortgagor and mortgagee in fee, part of the purchase-money being paid to the mortgagee in satisfaction of his debt. The wife of the mortgagor joins to release her dower. Ditto (in paragraphs). Ditto. Conveyance by surviving coparcener and her mortgagee and the devisees in common of a deceased coparcener to a purchaser. Conveyance by a vendor and his mortgagee to a trustee for the purchaser, the mortgage debt being kept on foot as a protection against mesne incumbrances. Conveyance in fee, by vendor and his mortgagee, the latter concurring for the purpose of surrendering a term limited to him as his mortgage security. Conveyance by the heir and executor of a deceased mortgagee, and the owner of the equity of redemption, to a purchaser in fee. Conveyance by an infant heir, and the admiuistrator of a deceased mortgagee, and the owner of the equity of redemption, to a purchaser in fee. Conveyance by a vendor, and a mortgagee of part of the estate, the mortgage debt, and two sums secured by terms of years being paid oflp out of the purchase money ; one of the terms is released, and the other assigned in trust to attend, and to cease under the Satisfied Terms Act. Conveyance by mortgagor, and first and second mort- gagees, to uses to bar dower in favour of first mort- gagee the purchaser. A third mortgagee surrenders a term of years, and a former owner conveys some pro- perty omitted by mistake from a previous conveyance. Conveyance to a purchaser from a man and his wife and a mortgagee for a term. 19 193 194 195 196 197 198 199 200 201 202 203 Conveyances by Assignees of Bankrupts. 204 Conveyance of freeholds by appointment and release by bankrupt and his assignees, and surrender of a term by a mortgagee, who receives the whole of the purchase- money in part discharge of a larger sum due to him. Covenant by the largest purchaser at an auction to pro- duce title deeds. (Variation where mortgagee in fee joins.) Hayes, 247. J) 253. 1 Prid. 224. )J 226. C. 59. 1 Prid 247. )J 235. iHug 104. j; 123 » 120 2 Dav. 283. „ 277. 2 Crabb, 1260. 9 Jar. 261. Digitized by Microsoft® 126 CONVEYANCES. CoNVEYAiircES BY ASSIGNEES OF Bankkupts — Continued. 205 Release of freeholds by the assignees of a bankrapt and the bankrupt and his dower trustees to a trustee in fee by way of mortgage, to secure part of the purchase-money advanced by a third person, and subject thereto in trust for the purchaser and his heirs. Assignment of a term by a trustee to the mortgagee. 206 Conveyance in fee by the assignee of an insolvent debtor, in which the insolvent and the grantee of a redeemable annuity join. Surrender of term by annuitant's trustee. 207 Conveyance and surrender by the assignees and mort- gagee for years of a bankrupt to the trustee of a marriage settlement to the uses of the settlement, the purchase being made with money produced by the sale of part of the settled estate sold under powers of the settlement. 208 Conveyance in fee to uses to bar dower, by the assignees of an insolvent debtor, with the concurrence of the insolvent and mortgagee by demise and mortgage in fee. 209 Conveyance by assignees of a bankrupt to a, purchaser in fee. 210 Ditto. 211 Conveyance of a bankrupt's freehold by the assignees and bankrupt. 212 Conveyance by appointment and lease and release of freeholds, and by bargain and sale of copyholds under a fiat in bankruptcy. 213 Conveyance of freeholds by the trustee of a bankrupt. 214 Conveyance of ft-eeholds by the trustee of a bankrupt with the concurrence of mortgagee in which bankrupt joins to covenant for title, &c. 215 Ditto. 216 Conveyance of freeholds by appointment and also under the ownership, by a bankrupt and his assignees ; and surrender of a term by a mortgagee who receives the whole of the purchase-money in part payment of a larger sum due to him. (Variation where the mortgage is in fee.) 217 Eelease in fee by assignees of a bankrupt, bank- rupt's equitable mortgagees, and an heir at law in whom the legal estate of inheritance remained vested by descent, to a purchaser, and assignment of mortgage term (before assigned to merge in the equitable fee, but which was still subsisting in trust for the mort- gagees), to attend the inheritance. 9 Jar. 270. „ 275. Hayes, 241. 1 Hug. 155. „ 152. Ship. 380. 2 Dav. 454. 2 Hay. Intr. 113. 1 Prid. 367. „ 369. C. 64. Sweet, 168. 2 Jones, 28. Conveyances of Remainders and Reversions. 218 Conveyance on a sale by a contingent remainderman in fee. 219 Deed of covenant to accompany the last precedent. 9 Jar. 611. „ 612. Digitized by Microsoft® CONVEYANCES. 127 Conveyances of Rbmaindees aub Kbveesions- 220 Conveyance of a remainder in fee limited by way of executory devise to a purchaser to uses to bar dower, in consideration of stock to be invested in the names of trustees to be transferred to the vendor, upon his con- tingent estate becoming vested, or to be transferred to the purchaser, in case of its failing to take effect. Conveyance of an absolute reversion. Conveyance of a reversion in fee by lease and release. Conveyance of a remainder or reversion in fee. Conveyance of a remainder or reversion in fee by tenant in tail in remainder, with consent of protector. Conveyance to a lessee of the reversion in fee expectant on an episcopal lease for Uves, sold by the church estates commissioners. Conveyance to the uses of a settlement, by the ecclesi- astical commissioners, of a reversion in fee expectant on a lease for lives of a sinecure rectory, subject to the payment of a yearly sum to the vicar, and to the repairs of the chancel. Conveyance by the ecclesiastical commissioners, to trustees of settled estates, of the reversion in fee expectant on a capitular lease for years. Conveyance of a reversion expectant on a lease to the lessee, who purchases under an option of purchase given to him by the lease. Conveyance of a remainder in fee simple expectant on a life estate to a purchaser, who covenants to pay the succession duty. Assignment of ground-rents by the reversioner in fee (a corporation) with a devise for vesting in the pur- chaser a reversion to enable him to recover them. 221 222 223 224 225 226 227 228 229 230 Conveyances of Equity of Eedemption. 231 Conveyance of an equity of redemption with covenant by the purchaser to pay the mortgage-money and in- demnify the vendor. 232 Conveyance of an equity of redemption. 233 Ditto. 234 Ditto. 235 Ditto. 236 Ditto. 237 Ditto. 238 Ditto. 239 Ditto. 240 Conveyance of an equity of redemption to the mort- gagee. 241 Ditto. 242 Ditto. 243 Ditto. 244 Ditto, by indorsement. 245 Ditto, by indorsement. 246 Ditto, by indorsement. 1 Hug. 145. Dav. Con. 95. 2 Jones, 58. 1 Rouse, 74. „ 75. 2 Dav. 391. „ 394. „ 400. 1 Prid. 198. „ 267. 9 Jar. 316. „ 218. 2 Crabb, 1304. Ship. 381. 1 Eouse, 79. 2 Jones, 61. Sweet, 159. 2 Dav. 413. 1 Hug. 207. Dav. Con. 84. Sweet, 162. 1 Hug. 211. 1 Prid. 234. 9 Jar. 223. Prior, 71. Sweet, 160. Green. 340 Digitized by Microsoft® 128 CONVEYANCES. Conveyances op Equity op Eedemption — continued. 247 Conveyance of an equity of redemption to the mortgagee, by indorsement. 248 Conveyance of an equity of redemption in fee, with the privity of tbe mortgagee, to a purchaser. 249 Release by mortgagor to mortgagee of the equity of re- demption of freeholds which were mortgaged in fee in consideration of the mortgage debt, and a considerable arrear of interest : indorsed on the mortgage deed (a short form). 250 Conveyance of an equity of redemption from the heir of a mortgagor to a person in trust for the purchaser, or termor mortgagee. 251 Assignment of equity of redemption in leaseholds. 252 Ditto, to mortgagee, by indorsement. 253 Conveyance of an estate, subject to a mortgage debt, which the purchaser undertakes to pay off. 254 Conveyance of mortgaged property to the purchaser of the equity of redemption. Subject to Charges. 255 Release in fee on the purchase of a remainder in fee ex- pectant on an estate for life, subject to certain mort- gages affecting the entire inheritance (including the estate in possession), and which are paid off by the purchaser, but are assigned to trustees for him, to be kept on foot as against the tenant for life. 256 Conveyance of freeholds, subject to a lease for 99 years. 257 Conveyance of freeholds which are subject to an annuity for life, the annuitant joining to release the property from the charge. Conveyances in consideration of Rent Charges, &c. 258 Appointment and release in fee in consideration of a perpetual rent charge, issuing out of the lands which are limited to uses to prevent dower in favour of the vendor. Covenants to build, repair, insure, &c., (varia- tions containing forms of reservations of timber and minerals). 259 Conveyance of land in consideration of a rent change in fee. Covenants by the purchaser to build, &c. 260 Ditto. 261 Conveyance by appointment and grant of a piece of land, on a sale in consideration of a rent charge. Reserva- tion of minerals. Covenants — and proviso for com- pelling the purchaser to build and maintain houses on the land. 262 Ditto. 263 Grant in fee of a plot of land subject to a yearly rent charge. 264 Grant by tenants in common of land and three dwelling- houses which have been erected thereon by the grantee Ship. 647. Hayes, 302. 9 Jar. 228. 2 Jones, 69. 1 Rouse, 205. 206. 1 Prid. 233. Hayes, 539. 9 Jar. 508. 1 Prid. 197. 333. 9 Jar. 518. Haves, 2G6. Dav. Con. 128. 2 Dav. 438. 1 Prid. 281. Green. 263. Digitized by Microsoft® CONVEYANCES. 129 CONVBTANCES IN CONSIDEBATION OF ReNT CHARGES, &C. — continued. in consideration of a perpetual rent-charge. Cove- nants by the grantee to pay rent and taxes, insure and repair, and not to carry on offensive trades, and covenants by grantors to indemnify against paramount rent. 265 Grant of land by mortgagee and mortgagor in considera- tion of perpetual rent-charge, which is limited to the mortgagee. 266 Conveyance of one of several dwelling-houses, subject to a proportionate part of a perpetual rent-charge, re- served in respect of all the houses by the original grant. 267 Conveyance to a purchaser in fee to uses to bar dower by a tenant for life and remainderman, part of the consideration being a rent-charge limited to the tenant for life. 268 Conveyance where the entire consideration is a rent- charge. 269 270 271 272 273 274 275 276 277 278 Conveyance of freeholds to a purchaser in consideration of a gross sum, and also of an annuity charged on the land, with powers of distress and entry. Conveyance to a purchaser in consideration of an annuity, with fuller powers for securing it than in the last precedent, and with power for purchaser to buy a government annuity in substitution. Conveyance by a vendor to a purchaser, in consideration of an annuity secured to the vendor for life. Conveyance of freeholds to a purchaser in consideration of an annuity, payable to the vendor and his wife suc- cessively for life, and secured by the purchaser's bond. Grant and sale in fee of several rent-charges, each of which is made payable out of separate freehold here- ditaments. Conveyance of freeholds, which are subject to a perpetual yearly rent-charge. Conveyance of a perpetual yearly rent issuing out of freeholds. Ditto. Conveyance of a rent-charge for vendor's life. Conveyance of a life rent-charge, secured by a term on freeholds. Conveyances under Decree of the Court of Chancery. 279 Conveyance of freeholds under a decree of the Court of Chancery to the trustees of a settlement, who, with the consent of the tenant for life, who is also the vendor, and his wife, purchase with monies arising from the sale of settled estates. A mortgagee joins on being paid off. Digitized by Microsoft® 1 Prid. 284. „ 296. „ 297. 1 Hug. 131. „ 138. 1 Prid. 313. „ 316. 2 Crabb, 127£ 1 Prid. 320. „ 289. „ 292. „ 294. 1 Rouse, 78. „ 78. „ 212. 9 Jar. 474. 130 CONVEYANCES. CONVETANOES UKDBR DECREE OF THE COUBT OF ChANCEEY — con\ 280 Eelease in fee, by the infant heir of a mortgagee, under an order of the Court of Chancery, on a sale by the executors in pursuance of a power contained in the mortgage (variation where the heir of the mortgagee is not known). 281 Conveyance by a person appointed under the acts relating to infant trustees, &c., to convey instead of the unknown heir of a mortgagee, with the concur- rence of the mortgagee's executors, and of the mort- gagor, to a purchaser under a power of sale contained in a mortgage. 282 Sale under a decree of the Court of Chancery of property comprised in an equitable mortgage. 283 Purchase under an order of the Court of Chancery out of a fund in court. 284 Conveyance under an order of the Court of Chancery. 285 Ditto. 286 Ditto. 287 Conveyance in fee to a purchaser, in which the infant heir of a satisfied mortgagee joins by order of the Court of Chancery. (Variation where the heir of the mortgagee cannot be found.) 288 Conveyance in fee on a sale by private contract in a chancery suit by mortgagees and tenants for life of settled estates, the mortgages having been made under the sanction of the court, and the first tenant for life having been appointed by the court to convey the inheritance. 289 Conveyance of freeholds sold under a decree iu chancery made on an administration summons. 290 Conveyance of freeholds sold under a decree of the Court of Chancery made in a suit for administering the estate of a testator, the conveyance being forced on the purchaser. 291 Conveyance by trustees and executors of freehold pro- perty under a decree or order in an administration suit. 292 Conveyance on a sale made under the Leases and Sales of Settled Estates Act (19 & 20 Vict. c. 119). 293 Conveyance on a sale in chancery of an incumbered estate, the incumbrancer having been paid off prior to the conveyance out of the purchase-money, aud having re-conveyed to the vendors. 294 Conveyance in mortmain, on a purchase under an order of the Court of Chancery. Augmentations . 295 Augmentation by a vicar of a district church by charg- ing an annual sum upon the revenues of the vicarage, under the provisions of the 1 & 2 Will. IV. c. 45. 296 Augmentation by a rector of a district church by 9 Jar. 480. 2 Hay. Intr. 195. Hayes, 281. „ 285. 1 Hug. 201. Prior, 76. 2 Crabb, 1802. Sweet, 166. 2 Dav. 259. „ 244. „ 250. 1 Prid. 304. „ 307. 2 Dav. 255. „ 465. 5 Dav. 1003. Digitized by Microsoft® CONVEYANCES. 131 297 298 299 300 301 302 303 304 305 306 307 308 309 310 Augmentations — continued. annexation of tithes under the 17 & 18 Vict. c. 84, the rector being a tenant for life of the advowson, and the patron also. Conyeyance under the 6 & 7 Vict. c. 37, and the 7 & 8 Vict. c. 94, to the Ecclesiastical Commissioners for the augmentation of the income of a perpetual curate. Conveyance to the Governors of Queen Anne's Bounty of a parcel of land for the site of a curate's house. Conveyance of land in augmentation of glebe, under the 43 Geo. 111. c. 108. Declaration of trust of a sum of money invested in bank annuities in the names of trustees to provide for the repairs of a district church. Conveyance and endowment of a national school. Conveyance and Mortgage by same Instrument. Conveyance by lease and release of freehold lands, &c., and mortgage of the premises, for securing part of the purchase-money, by the same deed, vendor to pur- chaser. Conveyance in fee and merger of a term of 99 years, and assignment of a term of 500 years to attend; and mortgage for a term of years of part of the premises to the vendor, for securing part of the purchase-money, by same deed. Conveyance by appointment and release (and mortgage of the premises), from mortgagor to mortgagees and their trustees, to certain trustees for purchaser and vendor. Covenant to pay mortgage-money and interest, and an annuity ; part of the money being paid on the conveyance, part remaining on mortgage of the premises, and the remainder of the considera- tion being an annuity for the life of the vendor. Declaration that the trustees should stand seised upon trust, out of rents or by demising to pay mortgage money and interest and annuity, and then in trust for purchaser. Powers of distress, &c., to secure annuity, and power of sale. Conveyance by two vendors, tenants in common, to two purchasers, where a part of the purchase-money is secured by a mortgage by demise of the premises. Conveyance and mortgage by the same instrument, where part of the purchase-money is intended to remain on mortgage. Ditto. Ditto. Ditto. Conveyance of freeholds by trustees for sale, where part of the purchase-money is secured by mortgage to the vendors. Covenants for title by cestuis que trust interested in various proportions. 5 Day. 1006. 1009. 1010. 1012. 1014. 1024. 1 Bone, 125. 133. 284. 2 Crabb, 1274. 1 Hug. 98. 1 Prid. 511. C. 141. Ship. 873. Sweet, 154. K 2 Digitized by Microsoft® 132 CONVEYANCES. Miscellaneous. 311 Conyeyance of freeholds to a purchaser, who covenants not to erect buildings of a certain description. The property being in lease with other, the lessee sur- renders the part now sold in consideration of the rent being apportioned. Eeservation of a right of way, and the use of a yard (a concise form). ,312 Ditto. 313 Conveyance to the Corporation of London of lands pur- chased by them under the compulsory powers of the Holborn Valley Improvement Act. 314 Conveyance by the Ecclesiastical Commissioners of the reversion of part of the land comprised in a pre- bendal lease. 315 Conveyance by an incumbent of a perpetual curacy, with the consent of the patron and ordinary, of the resi- dence of the living. 316 Statutory form of conveyance of lands to be added to an existing churchyard. 317 Conveyance according to 8 & 9 Vict. c. 18, and to 15 & 16 Vict. c. 85, ss. 27, 28, and 16 & 17 Vict. c. 134, s. 7. 318 Conveyance in consideration of a rent-charge according to 8 & 9 Vict. c. 18, and to 15 & 16 Vict. c. 85, ss. 27, 28, and 16 & 17 Vict. c. 134, s. 7. 319 Conveyance when burial ground to be held and used as existing churchyard, 15 & 16 Vict. c. 85, s. 26 ; 16 & 17 Vict. c. 134, s. 7 ; and 18 & 19 Vict. c. 128, s. 10. 320 Conveyance of lands by trustees of turnpike roads, 4 Geo. IV. c. 95, s. 55. 321 Conveyance under 9 Geo. II. c. 36, usually, but rather inaccurately, called the Statute of Mortmain. 322 Conveyance in pursuance of the Act to Facilitate the Conveyance of Workhouses and other Parish Property. 323 Conveyance of land for burial ground under the powers of 43 Geo. III. c. 108. 324 Conveyance of freeholds and grant of a right of way. Covenants by the vendor to make and maintain a road and fences. Eeservation of minerals and right to work them. 325 Conveyance in fee, with the reservation to the vendor of the coal and rights of mining. 326 Conveyance of mines without the surface, the mines to be worked through the adjoining property. 327 Conveyance of a mill to tenants in common. Assign- ment of machinery. 328 Conveyance of freeholds to a trustee for two partners, the purchase-money having been advanced by them out of the partnership assets. 329 Ditto. 330 Conveyance by heir and personal deceased vendor to purchaser. 331 Ditto. representative of 9 Jar. Sweet, .463. 170. Hayes, 277. >j 289. )? 292. I) 800. Baker, B. 248 „ 248. 249. Wool. W. 551. 1 Jones, 201. 1 Hug. 421. Green. 226. Hayes, 274. 2 Dav. 423. 1 Prid. 302. Dav. Con. 104. 1 Prid. 251. 1 Rouse, 52. 1 Prid. 268. 1 Hug. 165. Digitized by Microsoft® CONVEYANCES. 133 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 Miscellaneous — continued. Conveyance by heir in tail of estates devised by tenant in tail, the heir electing to take under the will. Conveyance by a vendor with the concurrence of an annuitant who releases an annuity charged on the pur- chased lands. Conveyance where the sale is made under a power of attorney. Ditto. Conveyance by a sub-purchaser, the original purchaser joining. Conveyance to a purchaser in fee, where the purchase- money is to be paid by instalments. Conveyance in fee of customary tenements holden of the Duchy of Cornwall. Conveyance in plots of a piece of land to members of a private building club as sites for villas, with a common pleasure ground; stipulations for building and main- taining houses of a specified class and value, and for laying out and maintaining in perpetuity roads and pleasure grounds. Conveyance by a vendor of lands of which he is seised in fee, subject to a limitation over by way of execu- tory devise, the executory devisee concurring for the purpose of confirming the title. Conveyances of freeholds which have descended to four co- heiresses, one of the shares having been settled with a power of sale, another having been mortgaged in fee, and another having been devised to a married man, whose wife joins for the purpose of releasing her dower. Conveyance of freeholds, part of the purchase-money remaining unpaid. Conveyance by a trustee of the legal estate in premises which had been omitted to be conveyed to him on a former occasion to a trustee for certain annuitants. Conveyance in satisfaction and discharge of a debt, with liberty for a releasor to repurchase within twelve months. a. The declaration of trusts. Assignment and conveyance of two mortgages, and pre- mises in trust for a gentleman who had purchased part of the premises of mortgagor. Conveyance of leaseholds for lives. Ditto. Declaration in conveyance of freehold and leasehold tenements to two persons as co-partners in trade. Common forms in conveyances. Conveyance in fee from mortgagor to a purchaser who has purchased the mortgage debt of a mortgagee under a demise, and obtained an assignment, of the mortgage term. Conveyance on a purchase by a mortgagee, the mortgage being by demise, and the term being previously as- signed by the purchaser to a trustee for himself by an indorsement on the mortgage deed. 1 Hug. 178. „ 194. „ 198. 1 Bouse, 224. 1 Prid. 303. 1 Hug. 168. „ 214. 2 Dav. 446. 1 Hug. 140. Sweet, 156. Prior, 71. Bird, 374. „ 376. „ 383. ,, 417. „ 89. Ship. 386. Clay. 207. Hous. 15. 1 Hug. 108. 2 Jones, 72. Digitized by Microsoft® 134 CONVEYANCES. MISCELLAIJBOUS — continued. 352 Conveyance of a share in mines by a partner, who is also one of the original lessees and trustees. 353 Grant of a tin mine in Cornwall. a. Memorial indorsed on the foregoing grant. 354 Form of limitation to bar the dower of a woman married on or before the 1st January, 1834. 355 Conveyances. Freehold (variations in conveying parties). 356 Ditto (variations in parties to whom conveyance made). 357 Ditto (variations in consideration). 358 Ditto (variations in form of conveyance). 359 Ditto (variations in parcels, estate, &c.). 360 Conveyance of a manor. 361 Conveyance of a moiety or other share. Copyholds. 362 Covenant to surrender copyholds to a purchaser in fee. 363 Ditto. 364 Ditto. 365 Ditto. 366 Ditto. 367 Ditto. 368 Deed of covenant to surrender copyholds, and for title to a purchaser. 369 Ditto. 370 Ditto. 371 Ditto. 372 Covenant to surrender a copyhold estate to a purchaser in fee, and covenants for title, &c. Yariations where a power of appointment is given to the purchaser ; and where certain surrenderees who have not been admitted release to the vendor, and where the copy- holds are held for a life or lives. 373 Covenant to surrender copyholds to the use of a pur- chaser in fee, with or without a power of appoint- ment. (Variations when the copyholds are held for lives. ) 374 Covenant to surrender copyhold lands, &c. Vendor (devisee under will made before 1st January, 1838) to a purchaser. 375 Covenant to surrender copyholds for lives. 376 Covenant to surrender copyholds for lives, and assign- ment of a leasehold estate held for 10,000 years at a nominal rent. 377 Deed of covenant to surrender copyhold lands to secure an annuity by way of jointure. 378 Covenant to surrender copyhold lands, &c., by two tenants in co-parcenary, to a purchaser (short form). 379 Deed of covenant referring to a surrender already made of copyhold lands. Vendor (devisee under a will) to purchaser (short form). 380 Ditto (customary heir) to purchaser. Bain. 752. 2 Crabb, 994. 995. „ 954. 1 Eouse, 1. „ 46. „ 53. „ 61. „ 70. „ 70. „ 81. Hayes, 307. 1 Hug. 301. Hous. 100. Dav. Con. 93. Ship. 385. 2 Scriv. 857. 2 Crabb, 1284. 1 Prid. 199. C. 42. 2 Dav. 325. 9 Jar. 190. Sweet, 177. 1 Bone, 6C. 1 Hug. 318. 9 Jar. 584. 2 Wilde, 381. 1 Bone, 268. 272. 72. Digitized by Microsoft® CONVEYANCES. 135 Copyholds — continued. 381 Deed containing covenants for title relative to copyhold hereditaments which have been previously surrendered. 382 Ditto. 383 Ditto. 384 Covenants for title to accompany a surrender of copyholds. 385 Deed to accompany surrender of copyholds, where the vendor takes a power of appointment by way of mortgage, for securing part of the purchase-money. 386 Surrender of copyhold, by vendor to use of purchaser out of court. a. Deed containing covenants for title (to accompany the last precedent). 387 Ditto. 388 Ditto. 389 Ditto. 390 Ditto. 391 Ditto. 392 Surrender of copyholds to the trustees of a settlement. 393 Surrender and release of right, to which a married woman is entitled. 394 Surrender out of court of copyholds when the vendor is a married woman. 395 Surrender by husband and wife of copyholds belonging to wife, to such uses as she shall by will appoint. 396 Surrender of copyholds by married woman to the uses of a will. 397 Surrender out of court by A. B. and his wife, pursuant to a covenant in their marriage settlement, to the use of the trustees of the settlement. 398 Surrender out of court of copyholds of inheritance into the hands of two tenants, to the use of a trustee, by way of security. 399 Surrender out of court by A. B., holding a grant to him and his heirs for their lives, to a purchaser. 400 Surrender out of court of the copyhold lands of an insolvent debtor by the general assignee to a purchaser. 401 Surrender out of court by a bankrupt (pursuant to the authority contained in the bargain and sale from one of the commissioners) to a purchaser. 402 Surrender of copyholds to a purchaser by a tenant in tail in possession, and admittance of purchaser. 403 Memorandum of surrender of copyholds from A, seised in fee under a devise, to B, in fee ; there having been no alteration in the property. 404 Surrender of copyholds, subject to a prior conditional surrender by way of mortgage, where no deed of covenants is executed. 405 Surrender of, and admittance to, copyholds. 406 Surrender of copyholds, subject to a condition to secure annuity, where the estate belongs to a married woman, or to a customary tenant in fee, or for life ; and where it is taken by the lord, or steward, or customaiy 1 Prid. 202. 2 Dav. 327. Lewis, 116. Sweet, 178. 18]. 9 Jar. 185. „ 187. 2 Jones, 255. 1 Prid. 201. 2 Crabb, 1503 2 Scriv. 837. Green. 234. „ 244. 1 Eouse, 137. iPrid 201. Sweet, 328. 2 Crabb, 1502 2 Scriv .837. j; 840. jj 841. ;; 855. >) 853. 2 Dav. 329. Lewis, 115. Sweet, Hayes, 182. 310. Digitized by Microsoft® 136 CONVEYANCES. 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 Copyholds — continued. tenants, and is done in person or by attorney ; with forms of exemplification on the court rolls of trusts for sale, &c. a. Satisfaction piece taken by the lord or steward, and indorsed on a conditional surrender of copj'holds for securing an annuity.] Memorandum of the surrender of copyholds (with variations). Appointment of copyholds by a feme covert, in exercise of a power, to uses directed by a purchaser; and covenants by the husband to join with his wife in a surrender, by way of further assurance, and for the title. Appointment of copyholds under a power to uses in favour of a purchaser and his mortgagee. Appointment of copyholds by the trustee of a bankrupt. Bargain and sale of copyholds to a purchaser under a power given to executors. Ditto. Bargain and sale of copyholds by trustees for sale under a will, the parties beneficially interested covenant for title. Ditto. Bargain and sale of copyholds by a tenant for life under a power ia an Inclosure Act, to defray the expenses of the inclosure, the commissioners being made parties. Bargain and sale of copyholds, part of a bankrupt's estate, by the commissioners, with the concurrence of the as- signees and a mortgagee to a purchaser ; and authority to a third person to surrender to the purchaser. Bargain and sale of copyholds to a purchaser, by one of the commissioners acting in execution of a fiat of bankruptcy under 1 & 2 Will. IV. c. 56, with an authority to the bankrupt to make the surrender for the purpose of the purchaser's admittance ; and release and confirmation by the assignees and the bankrupt. Conveyance of copyholds of a bankrupt tenant in tail in possession by the commissioners and assignees. Variation where the estate is of freehold tenure (a very short form). Ditto. Conveyance of a bankrupt's copyhold by a vesting order of the Court of Bankruptcy. Order vesting copyholds in a purchaser. Conveyance of a moiety or other share in copyholds, by surrender and by deed of covenant. Conveyance of vendor's life estate ; by deed of covenant to surrender; with surrender. Conveyance of estate for life of purchaser ; by surrender and deed pf covenant. 2 Jar. 443. „ 466. 3 "Wilde, 773. 2 Scriv. 874. Sweet, 179. 1 Prid. 870. 1 Crabb, 448. 2 Scriv. 877. Crabb, 450. Jar. 424. 602. 546. 2 Scriv. 850. 9 Jar. 553. 1 Hug. 321. 2 Dav. 459. Hayes, 312. 1 Eouse, 121. „ 123. „ 125. Digitized by Microsoft® CONVEYANCES. 13/" Copyholds — continued. 425 Conyeyance of equity of redemption of copyholds ; by deed of covenant to surrender, and surrender on same. 426 Conveyance of a contingent estate in copyholds. 427 Conveyance of copyholds of inheritance by a mortgagor and mortgagee, to a purchaser in fee 428 Purchase deed of copyholds. 429 Conveyance of remainder or reversion in fee of copyholds ; by deed of covenant to surrender, and surrender. 430 Voluntary grant out of court of copyholds of inheritance, reverting to the lord by forfeiture or escheat. 431 Conveyances. Copyholds. (Variation in conveying parties.) 432 Ditto (variations in parties to whom conveyance made). 433 Ditto (variations in consideration). 434 Ditto (variations in parcels, estates, &c.). 435 Eelease by devisees in trust for sale of copyholds to a purchaser who has been admitted upon a surrender by the heir. 436 Eelease of right to copyholds by customary heirs in gavelkind, and by the cestui que trust, to a purchaser who had been previously admitted under a surrender by devisees of real estates in trast for sale; and covenants for the title. 437 Eelease of equitable interests in, and covenants for title to, copyholds previously surrendered to a purchaser. 438 Eelease of contingent interests in copyholds to a purchaser, who has been admitted under a surrender by the owners of the subsisting vested estate. 439 Deed of disposition of a contingent interest in copyholds under 8 & 9 Vict. c. 106, s. 6, to a purchaser. 440 Ditto. 441 Power of attorney to surrender copyholds to use of a pur- chaser. 442 Ditto. 443 Surrender under form 441. Conveyances of Freeholds and Copyholds. 444 Conveyance of freeholds and copyholds. 445 Ditto. 446 Eelease in fee of freeholds, and covenant to surrender copyholds, by the heir of the surviving trustee of a will, in pursuance of a decree of the Court of Chancery establishing such will. 447 Eelease of freeholds and covenant to surrender copy- holds. Variation where the copyholds are already surrendered, and the vendor covenants for title (a very short form). 448 Ditto. 449 Conveyance of freeholds and covenant to surrender copyholds to a purchaser in fee. 450 Ditto. 1 Eouse, 134. Dav. Con. 99. 1 Hug. 311. Prior, 321. 1 Eouse, 128. 2 Scriv. 856. 1 Eouse, 82. „ 104. „ 115. ,. 121. Sweet, 187. 2 Scriv. 880. 2 Dav. 334. 9 Jar. 614. 2 Scriv. 905. 2 Crabb, 1293. 1 Eouse, 138. Green. 239. 1 Eouse, 139. Dav. Con. 116. Prior, 1. 9 Jar. 468. „ 405. Sweet, 173. Hayes, 319. Green. 227. Digitized by Microsoft® 138 CONVEYANCES. CoNYEYANCBS OP FREEHOLDS AND CoPYHOLDS — Continued. 451 Conveyance of freeholds and covenants for the sur- render of copyholds. 452 Ditto. 453 Ditto (qualified covenants for title as to the freehold part, and absolute covenants for title as to the copy- hold part). 454 Conveyance of freeholds and bargain and sale of copyholds by trustees for sale under a will. 455 Ditto. 456 Conveyance of freeholds, and covenant to surrender copy- holds, where ;part of the purchase-money remains secured upon the estate. 457 Ditto. 458 Release in fee from two co-heiresses where the purchaser, previously to the conveyance, had sold part to a third person, with assignment of mortgage term to attend the inheritance ; and covenant to surrender copyhold, where the ft-eehold and copyhold are intermixed. 459 Grant of freeholds and declaration of trust of copyholds which had been purchased in the name of a trustee for a company (by indorsement). 460 Conveyance of freeholds and copyholds, by vendor, mortgagee for term, and mortgagee in fee of freeholds, and by vendor and mortgagee of copyholds. a. Warrant to enter on the court rolls of the manor, satisfaction of the conditional surrender referred to in the preceding precedent. 461 Conveyance of freeholds and copyholds by mortgagees under a power of sale, the mortgagees not having been admitted to the copyholds. 462 Bargain and sale of ixeehold and copyhold hereditaments by executors under a will of a mortgagor, with release of dower by the widow. 463 Conveyance of freeholds, and covenants referring to a surrender of copyholds, where a life interest in the whole or in part is reserved to the grantor, who covenants to repair and insure buildings. 464 Release and conveyance of the freehold part, and covenant to surrender the copyhold part, of an estate, by a tenant in tail in possession, to a purchaser with limitations, or a declaration to bar dower ; the vendor's wife joining to extinguish her right of dower. a. Surrender out of court by an equitable tenant in tail and his trustee of the copyhold parts of the estate, in pursuance of the covenant contained in last deed. 465 Conveyance of executory fee simple in freeholds or copyholds. 466 Conveyances. Freeholds and copyholds. (Variations in conveying parties.) 467 Ditto (variations in parties to whom conveyance made). 468 Ditto (variations in consideration). 469 Ditto (variations in conveyances). 1 Prid. 213. 2 Crabb, 1288. 2 Scriv. 863. 1 Prid. 253. Hayes, 225. 2 Dav. 353. Hous. 124. 9 Jar. 534. 1 Prid. 327. Hous. 109. „ 114. 2 Dav. 357. 1 Crabb, 454. Sweet, 175. Shel. R. P. 709. „ ^727 r Sweet, 189. 1 Rouse, 143. „ 177. „ 183. „ 188. Digitized by Microsoft® CONVEYANCES. 139 Conveyances of Freeholds and Leaseholds. 470 Release in fee of freehold, and assignment of leasehold, on a purchase by partners in trade. 471 Conveyance of freeholds and leaseholds. 472 Ditto. 473 Ditto (in paragraphs). 474 Ditto. 475 Ditto (short form). 476 Ditto. 477 Ditto, by devisees in trust for sale. 478 Ditto, by assignees in bankruptcy. 479 Ditto, with the opinions of counsel on some material points. 480 Conveyance by a widow who takes a life interest in freehold and leasehold property under a voluntary settlement, and also in a policy of assurance on a portion of the leasehold property, of all her estate and interest to her son, the latter of whom is entitled in reversion to the same property expectant on her decease, subject to an existing mortgage which has been created by the widow and son on the same premises, he covenanting to indemnify her against the mortgage debt. Conveyances of Freeholds, Copyholds, and Leaseholds. 481 Conveyance of freeholds, leaseholds, and copyholds. 482 Ditto. 483 Ditto, to tenants in common. 484 Conveyance of freeholds, covenant to surrender copyholds, and assignment of leaseholds, the purchaser having married before 1834. 485 Conveyance of freehold, copyhold, and leasehold ; by grant of freehold, and assignment of leasehold; and covenants as to same and copyhold ; and surrender of copyhold. 486 Conveyance of freeholds, copyholds, and leaseholds, to a purchaser, by mortgagees for a term, devisees for life and in remainder, and trustees for sale. 487 Conveyance of freehold estates of inheritance, and for lives, assignments of leaseholds for years, and covenants to surrender copyholds of inheritance. 488 Conveyance of freeholds, copyholds, and leaseholds, subject to a mortgage, the amount being retained out of the purchase-money. 489 Conveyance of freeholds, copyholds, and leaseholds, part of the purchase-money being advanced on mortgage of the property. 490 Conveyance and declaration of trust of freeholds, copy- holds, and leaseholds, purchased with moneys arising from a sale of settled property. 491 Conveyance of freeholds, covenant to surrender copyholds, 9 Jar. 529. Hayes, 350. 1 Prid. 214. „ 217. 2 Dav. 408. C. 55. Dav. Con. 120. Prior. 72. „ 76. Bird, 400. 1 Hug. 777. Dav. Con. 123. Hayes, 347. 2 Dav. 411. 1 Prid. 217. 1 Rouse, 226. 2 Crabb, 1298. 1 Hug. 373. Hous. 114. „ 120. 1 Prid. 274. Digitized by Microsoft® 140 COPYHOLDS. Conveyances op Freeholds, Copyholds, and Leaseholds — continued. and assignment of leaseholds, by a tenant for life, and remainderman ; the heir-at-law of the late owner as to the freeholds and copyholds, and the executors and trustees of the will as to the leaseholds, join, and also a former vendor, for the purpose of conveying some parcels which were omitted in the testator's conveyance. Proviso in respect of tenant's liability to rebuild a messuage which the testator had pulled down. 492 Conveyance of copyholds and leaseholds. 493 Conveyance of freeholds, leaseholds, and personal chattels by mortgagee, with power of sale. Conveyance of advowsons, see Advowsons, ante. Conveyance of next presentation, see Advowsons, ante. Conveyance of charity lands, see Chaeities, ante. Conveyance of rights of common and rights of way, see Eights of. Sea., post. Conveyance to railway companies, see Eailway Com- panies, post. Conveyance of rent-charges, see Ebnt-charge, post. Conveyance of tithes, see Tithes, post. Conveyances in trust for creditors, see 'Bkskb.vvtcy and Composition Deeds, ante, and Inspectorship Deeds, post. Covenants in purchase deeds, see Covenants, post. COPARTNERSHIP DEEDS (see Partnership, posO- COPYHOLDS {see also Conveyances, ante). 1 Disclaimer by trustees of copyholds that only one of them may take admittance. 2 (Commutation.) Notice and advertisement of meeting by lord or lords. 3 Ditto. 4 (Commutation.) Notice and advertisement of meeting by tenants. 5 Ditto. 6 (Commutation.) Declaration that notice has been duly affixed on church door. 7 Ditto. 8 (Commutation.) Minutes of proceedings at the meeting, notices of adjournment, &c., minute of basis of agree- ment — of appointment of valuers, &c. 9 Ditto. 10 (Commutation.) Agreement for commutation for rent- charge, &c. 11 Ditto. 12 (Commutation.) Steward's statement for meetings, &c. 9 Jar. 325. Hayes, 353. Prior, 74. Green. 240. Cooke, Cop. 291. Tap. 145. „ 145. Cooke, Cop. 291. Tap. 146. 292. ,, 147. Cooke, Cop. 292. Tap. 148. „ 151. 29P. Digitized by Microsoft® COPYHOLDS. 141. 13 (Commutation.) Steward's statement for meetings, &c. 14 (Commutation.) Minute of a meeting at which an agree- ment to commute has been signed. 15 Ditto. 16 (Commutation.) Minute of a meeting at which a "pro- visional " agreement to commute has been signed. 17 Ditto. 18 (Commutation.) Agreement with two or more tenants for the commutation of manorial rights when the rent- charge is not apportioned by the parties in the agree- ment, but is left to be apportioned by the steward. 19 Ditto. 20 Ditto. 21 (Commutation.) Agreement with two or more tenants for the commutation of manorial rights, where the rent-charge for the commutation is apportioned by the agreement. 22 Ditto. 23 Ditto. 24 Agreement for commutation for rent-charge, &c. 25 Notice to persons in remainder of intended commutation. 26 Form of assent or dissent to be given at foot. 27 Agreement for commutation at fines fixed in money. 28 The like where fines to vary on alienation. 29 The like, at a rent-charge fixed in money. 30 The like, with power to enfranchise at a fixed sum. 31 The like, including steward's fees. 32 Notice to persons in remainder of intended enfranchisement. 33 Information to be furnished to commissioners in cases of enfranchisement. 34 Notice from tenant of desire to enfranchise. 35 Appointment of valuer by tenant. 36 Notice to lord of appointment. 37 Notice by lord of desire to enfranchise. 38 Appointment of valuer by lord. 39 Notice to tenant of appointment. 40 Notice to enfranchise by lord (or tenant) of manor. 41 Notice to commissioners by party desiring to enfranchise, requesting them to ascertain the consideration for en- franchisement. 42 Notice to appoint a valuer. 43 Appointment of valuer. 44 Appointment of valuer by lord and tenant. 45 Application for extension of time to appoint valuer. 46 Revocation and appointment of valuer. 47 Consent to revocation and appointment of valuer. 48 Complaint to commissioners and application for removal of valuer. 49 Appointment of valuer on death, &c., of original valuer. 50 Declaration by valuer before acting. 51 Declaration by steward as to value and incidents. 52 Declaration by valuer as to value of lands. 53 Power of attorney. Cooke, Cop. 297. J) 298. Tap. 152. „ 152. Cooke, Cop. 299. ), 299. Tap. 153. Shel. Cop. 443. „ 444. Cooke, Cop 301. Tap. 153. Shel. Cop. 439. Eouse, Cop 149. )j 149. )? 150. )) 151. J) 153. )) 154. jj 155. 3) 156. J) 156. ?J 158. )) 159. )J 159. )) 160. 3> 161. if 161. Tap. 154. „ 155. „ 155. „ 156. Eouse, Cop .162. )j 162. Tap. 156. Eouse, Cop .163. )j 163 jj 163. J) 164. Cooke, Cop .308. if 310. )> 311 Digitized by Microsoft® 142 COPYHOLDS. 54 Appointment of umpire by valuers. 55 Notice of valuers of intention to enter lands, &c. 56 Ditto. 57 Award of valuer. 58 Award of valuers. 59 Award of umpire. 60 Eeceipt for compensation money. 61 Award of enfranchisement by commissioners. 62 Application to commissioners to determine question of law or fact. 63 Ditto. 64 Application to commissioners to state case. 65 Ditto. 66 Application to correct error in award, &c. 67 Notice of such application. 68 Notice of intention to seize under sect. 17 of Act of 1852. 69 Application to inspect court rolls after enfranchisement. 70 Application to have lord's title investigated. 71 Application to define boundaries. 72 Application by lord for permission to purchase. 73 Offer to copyhold tenant to purchase his interest. 74 Ditto. 75 Acceptance by copyholder of lord's offer to purchase. 76 Agreement between lord and copyholders as to valuer of interest of the latter. 77 Surrender by copyholder to lord on his purchase. 78 Application for further time for payment under purchase by lord. 79 Application by copyholder to have certificate cancelled. 80 Notice by lord requiring extinguishment of heriots. 81 Notice by tenant. 82 Application by lord in accordance with his notice. 83 The like by tenant. 84 Notice of intended distress to enforce payment of interest. 85 Application by lord to commissioners to suspend pro- ceedings. 86 Application for permission to sell rent-charge. 87 Consent of husband, guardian, &c. 88 Application to commissioners to certily amount of con- sideration money for rent-charge. 89 Notice of intention to redeem rent-charge. 90 Consent to redemption of rent-charge by party entitled. 91 Option as to investment on redemption of rent-charge. 92 The like as to enfranchisement compensation money. 93 Application to commissioners to appoint a new trustee. 94 Declaration as to lord's title to be made for the purpose of enfranchisement under the Copyhold Acts. 95 Transfer of certificate of charge by annexation. 96 Clauses where mines and minerals reserved on commuta- tion or enfranchisement. Conveyances of copyholds, see Contbyances, ante. Enfranchisements of copyholds, see Enprauohisement, post. Rouse, Cop. 164. )j 165. Tap. 157. Rouse, Cop. 165. jj 167. jj 168. J? 169. jj 169. J) 170. Tap. 157. „ 157. Rouse, Cop. 171. V 171. ji 172. 7? 172. ss 173. J5 173. J) 174. J3 174. JJ 175. Tap. 158. Rouse, Cop. 176. ;j 176. ?> 177. )) 178. 5) 178. JJ 179. J) 179. ?> 180. )) 181. >J 181. •)•) 182. J) 182. V 183. J) 183. Tap. 159. Rouse, Cop. 184. )) 184. j> 185. SJ 185. )) 186. 51 187. 188. Digitized by Microsoft® COPYRIGHT. 143 10 11 12 13 14 15 Leases of copyholds, see Leases, post. Mortgages of copyholds, see Mortgages, post Settlements of copyholds, see Settlements, post. Wills dcTising copyholds, see Wills, post. COPYRIGHT. Agreement for sale of copyright in a work. Agreement between an author, a printer, and a wholesale stationer, for printing and supplying paper for a publi- cation. Agreement between an author and a publisher as agent for the retail sale of a work. Agreement between an author and a publisher for the writing and publishing of a book; the copyright to belong to the publisher, and the author to hare the right of editing future editions, in consideration of certain sums to be paid to the author, Ms executors, administrators, or assigns, for each edition. Special provision for death of author during the printing of any edition, and for increase of the size or number of any edition. Agreement between an author, an editor, and a publisher, for editing and publishing a new edition of a work, and for purchasing the copyright. Agreement to enlarge a second edition of a book, and correct proof of same. Agreement for the editing of an existing law book in three volumes, by three several editors, one of them taking each volume ; with provision for future editions. Agreement under seal for the compiling of a' dictionary, the consideration to be paid in advance by instalments. Covenant by author and surety to repay sums advanced, if the work is not completed according to the agree- ment. Proviso for future editions. Agreement between two barristers and a publisher, for the reporting and publishing of cases determined in one of the superior courts. Proviso in case of discontinuance. Half-profit agreement between author and publisher. Another form of agreement, similar to last. Agreement for the writing and publishing of a book, on the terms of sharing the profits. Proviso for selling the copies on hand at a reduced price, if the work should not pay its expenses within a certain time. Assignment of the copyright of a book. (Variation where the assignment is made by entry at Stationers' Hall, and the present deed contains the covenants for title, &c.) Assignment of the copyright of a published book with manuscript continuations and additions, and of a book in manuscript, by the administrator of the deceased author. Assignment of publication or copyright of a book (with variations). Cop. 114. 1 Wilde, 205. „ 207. 7 Jar. 694. 2 Dav. 140. Cop. 116. 7 Jar. 700. 702. „ 706. Cop. 114. „ 115. 7 Jar. 704. 9 Jar. 667. „ 669. 1 Wilde, 533. Digitized by Microsoft® 144 COVENANTS. 16 Limited assignment by an author of a new edition of his I work Cop. 116. 17 Licence to print one edition of a work. 18 Mortgage of copyright, and of unsold copies of books to secure the payment of bills of exchange. COST-BOOK MINING COMPANIES {see Companies, ante). COTTAGES (LEASES OF) {see Leases, post). COVENANTS. In Purchase Deeds. 1 Covenant from one person, or joint tenants. 2 CoTenant from tenants in common. 3 Covenant from tenant for life and remainderman. 4 Covenant from persons seised in right of their wives. 5 Covenant from several persons against incumbrances. 6 By vendor, on grant of freeholds to purchaser in fee, or to uses to bar dower ; with variations, where part copy- hold, and either covenanted to be surrendered or actually surrendered. a. Variations, where appointment. 7 That conveyance shall be acknowledged by wife. 8 Against having incumbered (general trustee's covenant). 9 By purchaser to vendor, where part of the money remains on mortgage. 10 By purchaser where consideration, transfer of stock, not completed. 11 By purchaser to pay life rent-charge to vendor. 12 By purchaser, to indemnify tenant for life (vendor) against liability for waste. 13 By purchaser of equity of redemption to pay principal and interest. 14 Ditto. 15 By vendor, to perfect title on death of tenant for life. 16 By purchaser, to pay retained part of purchase-money on title being effected. 17 By vendor, in deed of covenant on sale of copyholds to surrender copyholds. 18 The like, where part of purchase-money to remain on mortgage. 19 To surrender copyholds, on partition between tenants in common. 20 By vendor and original purchaser, to subpurchaser of copy- holds. 21 Covenants for title, in purchase deeds. 22 Ditto (short). 23 Ditto, in a conveyance of freeholds. 115. 2 Dav. 1137. Ship. 86. „ 86. „ se. „ 87 » 87 2 Rouse, 308. 312. 312. 313. J> 323. 323. 324. ?? 324. ship.'W. 2 Rouse, 325. 326. M 327. J) 330. )J 331. J> 332. }) 334. Ship. 87. Clay. 206. 1 Dav. 188. Digitized by Microsoft® COVENANTS. 145 In Purchase Deebs — continued. 24 Covenants for title in purchase deeds in a conveyance of copyholds. 25 Ditto, in an assignment of leaseholds. 26 Ditto. 27 Ditto, in a conveyance of freeholds and copyholds. 28 Ditto. 29 Ditto, in a conveyance of freeholds and leaseholds. 30 Ditto. 31 Ditto, in a conveyance of freeholds, copyholds, and lease- holds. 32 Ditto, in assignment of personal chattels. 38 Covenant for the production of deeds, and for the delivery of copies. 34 Covenants on assignment of leaseholds by assignor. 35 Ditto, and that rent, &c., are paid. 36 Covenants on assignment of leaseholds by purchaser, 37 Ditto, by legatee with assent of executors. 38 Covenants to pay rent and perform covenants. 39 Covenant of indemnity, 40 Covenants on assignment of part of leaseholds, mutual covenants. 41 The like, giving mutual powers of distress. 42 On assignment of agreement for building lease, by assignor. 43 The like by purchaser. Covenants in Leases. 44 By lease, with lessor. 45 By two lessees, jointly and severally with lessor. 46 By lessee, with husband and wife seised in right of the wife. 47 By each of two lessors, to the extent of a moiety in damages. 48 By each of two lessees, on an assignment of their respective leases, by one deed, as to the lands comprised in his lease. 49 For payment of rent on lease (by lessee). 50 Ditto. 51 For payment of rent where increasing. 52 For payment of rent on lease of turnpike tolls (by lessee and sureties). 53 ■ To observe condition in lease of tolls. 54 For payment of rates and taxes (by lessee). 55 Ditto. 56 For payment towards expense of party walls, sewers, &c. (by lessee). 57 To pay share of expense of repairing ways, &c., the ■ amount to be recoverable as rent in arrear. 58 To pay half expense of repairs (by lessee). 59 To repair generally (by lessee). 60 Ditto. 61 To repair internal parts (by lessee). 1 Dav. 191. „ 192. Hous. 28. 1 Dav. 194. Hous. 30. 1 Dav. 200. Ship, 91. Hous, 31. 1 Dav, 203. Ship, 94. 2 Rouse, 335. Ship. 96. 2 Rouse, 338. 339. Ship. 98. „ 98. 2 Rouse, 339. „ 340. 341. 341. 2 Piatt, 609. „ 609. „ 610. „ 610. „ 610. 2 Rouse, 362. Ship. 104. 2 Rouse, 362. „ 362. „ 363. „ 364. Ship. 105. 2 Rouse, 364. 2 Piatt, 612. 2 Rouse, 366. „ 364. Ship. 105. 2 Rouse, 367. L Digitized by Microsoft® 146 COVENANTS. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86. 87 89 90 91 92 93 94 95 96 97 Covenants in Leases — continued. To repair external parts (by lessor). That lessee may repair in default (by lessor). To pay half expense of external repairs and insurance (by lessor). To lay out a given sum ij repairs, and produce vouchers. To paint. To paint internally and externally, paper, &c. (by lessee). To leave in repair, with fixtures, &c. (by lessee). To quit at the expiration of term. That lessor may put up notice " to let," &c. (by lessee). To empty cesspools, &c., in last year of demise (by lessee). That lessor may enter to view repairs, give notice, &c. (by lessee). To yearly deliver to lessor a certificate that premises are in repair. To insure, with power to lessor to insure in default. To insure against fire. To insure future buildings when covered in, and to increase insurance, when completed. To pay half part of insurance. Not to do any act affecting insurance. Not to injure furniture, to replace articles broken, and deliver up at expiration of demise. To take due care of house repaired by lessor, also of furniture. To procure supply of water for demised premises from a particular company. That lessor and his tenants shall have watercourse through demised premises. Not to allow noisome trade or business. Ditto. Not to alter front or elevation of house. Not to allow any trade, &c. Not to allow auction on premises. Not to make any erection in garden, &c., above certain height, &c. Not to make any alterations in buildings without lessor's consent. Not to alter front or elevation of buildings without consent, or carry on trade, &c. Not to make buildings obstructing light of other premises, &c. Ditto. To pay for depreciation in fixtures beyond certain per- centage. To continue named business in, and only in, premises, &c. In a building lease, not to permit thoroughfare over premises. To keep the orchards fully planted, and preserve same from injury by cattle ; in a lease in Devonshire. To keep lawn and garden in order, and preserve fruit, trees, and flowers 2 Rouse, 367. „ 368. 368. 2 Piatt, 612. Ship. 106. 2 Rouse, 865. „ 366. Ship. 106. 2 Rouse, 369. 369. „ 369. 370. „ 370. Ship. 110. 2 Piatt, 611. 2 Rouse, 372. „ 372. „ 373. „ 373. 2 Piatt, 613. „ 614. 2 Rouse, 374, Ship. 106. 2 Rouse, 374. „ 374. 374. „ 375. „ 375. „ 395. „ 375. 2 Piatt, 614. 2 Rouse, 375. „ 376. 2 Piatt, 614. „ 615. 616. Digitized by Microsoft® COVENANTS. 147 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Covenants in Leases — continued. To keep vineries, conservatories, gardens, and pleasure grounds in proper order, &c. 2 Eouse, 376. To preserve fruit trees, and replace those dying. „ 376. To keep meadow land properly manured, and managed „ 377. Not to break up meadow land. „ 377. Not to plough ancient pastures. Ship. 1 08. Not to break up meadow or pasture land. 2 Eouse, 393. Not to break up banks or borders. „ 393. Not to cut down, lop, top, or injure trees, &c. „ 394. Not to cut or lop trees, except by permission of lessor. Ship. 108. Not to occupy another farm. 2 Eouse, 394. Not to assign or underlet, &c., except cottages, „ 394. Not to suffer new footpaths, &c. „ 395. Not to alter boundaries of fields. „ 395. To keep and fold sheep on the premises. Ship. 107. To fold and litter out neat cattle. „ 107. To repair fences. „ 107. To contribute to party walls. ,, 111. To use lands in a regular way (by tenant). „ 112. Not to convert old meadow into tillage, nor mow without manuring same, except where well flooded ; the lands lying in the county of Devon. 2 Piatt, 616. Not to make hedges, except under certain conditions ; in a lease of lands in Devonshire. „ 616. To provide reed for thatching, on a certain allowance being made to him. „ 617. To consume hay and use manure on premises, except in last year. 2 Eouse, 377. That lessor may in last year of term enter on part of demised premises to prepare next wheat crop. 2 Piatt, 617. To leave hay and manure of last year, being paid for same by valuation. 2 Eouse, 378. To leave straw, &c., in last year, being paid for thresh- ing, and carrying corn to market. „ 388. To leave straw, &c., at the end of term. Ship. 112. Not to cut down or injure timber, &c. 2 Eouse, 378. Not to assign or underlet without consent. „ 378. Qualification in last covenant. „ 379. Not to assign premises, or underlet them, for a longer term than a year, without giving lessor a right of pre- emption. 2 Piatt, 614. To leave assignment or underlease at ofiice of lessor's solicitor, for registry. ,, 615. To employ the clerk of lessors (a municipal company) to prepare deeds, on lessee's assigning or underletting ; or, in default, to pay penal rent. „ 617. Usual lessor's covenant for quiet enjoyment. 2 Eouse, 379. Ditto. 2 Piatt, 618. Ditto. Ship. 109. By lessor, to pay rates, taxes, &c. 2 Eouse, 380. By lessor to take lessee's fixtures and certain additions and buildings at valuation ; as to latter, of what worth to remove, or allow removal. | „ 381. L 2 Digitized by Microsoft® 148 COVENANTS. CovENAiTTS IN Leases — continued. 135 To take lessee's fixtures and additions, to certain amount as to each. 136 To take hay and manure by valuation. 137 To take stock of bricks to certain amount, or allow same to remain for named period. 138 To take implements in brick trade, by yaluation, &c. 139 To take kilns, &c., at valuation of what worth, to remove, or allow removal. 140 To supply lessee with beer, wine and spirits (by lessors). 141 To take beer, wine, and spirits of lessors. 142 To continue premises as an inn or public-house, and conduct same properly. 143 By lessee of a public-house, to purchase his porter of lessor, and that lessee's underlessee or assignee shall enter into a similar covenant. 144 To take beer of landlord. 145 To produce original lease (by lessor). 146 Not to sell to any other person without offering premises to lessee. 147 To repair farm house, &c., being found timber, &c. 148 To farm according to four-course system. 149 To sign and yearly deliver to lessor a schedule of crop- ping and farming. 150 To consume hay, straw, &c., on farm. 151 To stack produce on farm, and in last year leave hay, &c., at valuation. 152 To consume manure on farm, leaving that of last year by valuation. 153 After a regular tillage, to lay same down with clover or grass seeds. 154 To make summer fallows, and sow with turnips the clover leys broken up the preceding year. 155 Not to take more than two crops (a turnip and clover crop not to be deemed one) off any of the lands. 156 After that time to lay down the same with good seeds, and manure the same with twelve cartloads of dung to every acre. 157 By lessee at Michaelmas previous to quitting, to sow any quantity not exceeding acres of winter corn for his benefit, with room to thrash, &c. 158 By tenant in the lent seedness, before the expiration of the lease, to sow clover. 159 By lessor or tenants to enter the Christmas preceding expiration of tenancy, to plough. 160 To do specified quantity of hedging, ditching, and drain- ing yearly. 161 To cleanse river and marsh ditches once in two years. 162 To protect trees, &c. 163 To plant whitethorn, &c. 164 To reside in farm house, with penalty rent for default. 165 To preserve game, give notices, and allow proceed- ings, &c. 166 By lessee to sign notices to forewarn from trespassing. 2 Bouse, 381. „ 382. „ 382. „ 383, „ 383. „ 384. „ 397. „ 397. 2 Piatt, 613. Ship. 109. 2 Rouse, 384. „ 385. „ 385. „ 386. 387. 387. 387. Ship. 113. „ 113. „ 113. „ 116. „ 114. „ 114. 2 Rouse, 388. „ 389. „ 389. „ 389. „ 390. 390. Ship. 114. Digitized by Microsoft® COVENANTS. 149 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 Covenants in Leases— cowfowwei. To keep a dog for lessor, and allow named weeks' feed of . horse. To do named days' work for lessor with horses and , carts. To give up a named quantity of land for planting on, with specified reduction of rent. To supply lessor with straw in exchange for muck. To accept bills at two months for rent, if required. Not to plant above named quantity of land with potatoes, &c. Not to sell or allow removal of sand, except to lessor or , his tenants. To keep and deliver account of bricks and ware made, &c. To manage and cultivate land in husbandlike manner (general form). Not to do needless damage to land in digging for brick- earth, &c. Not to sell or remove earth, clay, or sand in an unmanu- factured state. To put premises into repair in first year of demise, expending a specified sum. To find lessee rough timber for repairs. Not to assign without giving notice, nor in last five years without consent. That lessor may in last five years take inventory of fixtures. That landlord may enter and view repairs. To build a dwelling house. To build houses under building lease. To rebuild houses in place of old houses taken down. By lessor to rebuild if burnt down or injured, &c. Ditto. To lay out a given sum in repairs, in case of accidental fire ; on the grant of a lease in reversion. By lessor for renewing a lease, without or with provision for future renewal. For the renewal of a lease. By purchaser to pay succession duty. By vendor, where duty has become payable. In lease of mansion, gardens, conservatories. In lease of public-house. To contribute to expenses of garden in square. Short covenants in a lease for years. By lessor to produce to lessees his title deeds, &c., subject to usual proviso for its defeasance. Covenant for production of original lease contained in an underlease. Covenants for title in an assignment of leaseholds, confined to the acts and defaults of the assignor. Covenant by assignee of a lease for future payment of rent and performance of covenants, and for the assignor's indemnity. 2 Eouse, 391. „ 391. „ 391. 392. 392. 392. 393. „ 895. „ 396. „ 396. „ 396. 898. 2 Piatt, 618. 2 Eouse, 398. 399, Ship. 115. „ 111. 2 Rouse, 399. „ 400. „ 400. 2 Piatt, 618. „ 618. 2 Rouse, 401. 2 Crabb, 810. 2 Rouse, 401. „ 402. Hayes, 668. „ 661. „ 660. 2 Crabb, 1057. Woodf. 1039. Green. 285. 2 Piatt, 619. „ 620. Digitized by Microsoft® 150 COVENANTS Covenants in Leases — contmued. 201 Declaration and corenant by the assignee of a lease with the lessor, on his licensing an assignment. 202 Covenant in an assignment of a lease or an underlease, not to carry on trades in a house. Covenants in Mortgages. ^03 Covenants for title (freeholds). 204 Ditto (copyholds). 205 Ditto (leaseholds). 206 Ditto (freeholds and copyholds). 207 Ditto (freeholds and leaseholds). 208 Ditto (copyholds and leaseholds). 209 Ditto (freeholds, copyholds and leaseholds). 210 Ditto (chattels personal). 211 Ditto (generally). 212 Ditto (in a mortgage in fee). 213 Ditto (in a mortgage for a term). 214 For payment of principal and interest. 215 Ditto. 216 For payment of a gross sum to one. 217 For payment of a gross sum to several. 218 For payment of a gross sum and further advances to one. 219 Ditto (to several). 220 For payment of an account current. 221 Ditto. 222 For payment of interest to one. 223 For payment of interest to several. 224 For payment of stock and dividends. 225 For payment of principal and interest on builder's mortgage. 226 To pay future advances with interest. 227 For payment of the premiums on a policy of asaurance. 228 To keep up life assurances. 229 Ditto. 230 For fire insurance in mortgage to one. 231 Ditto. 232 For insurance against fire, mortgage to several. 233 Short covenants for insurance against fire. 234 Against incumbrances by one mortgagee or trustee. 235 Against incumbrances by two or more mortgagees or trustees. 236 By mortgagee not to exercise power of sale without notice. 237 By mortgagor not to do acts to affect policy. 238 Ditto. 239 By mortgagor on further advance on mortgage. 240 By mortgagor to complete houses on builder's mortgage. 241 By mortgagee to make further advances on builder's mortgage. 242 By mortgagee on transfer of mortgage. 243 By mortgagee to accept reduced rate of interest on prompt payment. 2 Piatt, 813. 4 Chit. 192. 1 Dav. 275. „ 276. „ 277. „ 279. „ 280. „ 282. „ 284. „ 286. 2 Rouse, 318. Ship. 100. „ 102. 99. 2 Eouse, 818. 1 Dav. 206. „ 206. „ 206. „ 207. „ 208. Ship. 104. 1 Dav. 208. „ 209. „ 209. 2 Rouse, 348. „ 356. Ship. 99. 1 Dav. 262. 2 Rouse, 344. . „ 320. 1 Dav. 264. „ 266. „ 267. „ 225. „ 226. 2 Rouse, 322. „ 345. 356. „ 346. „ 348. „ 348. „ 349. 350. Digitized by Microsoft® COVENANTS 151 Covenants in Mortgages — continued. 244 By mortgagor not to pay off principal within Bpecified period without consent of mortgagee. 245 By mortgagee not to call in money for specified time, if interest regularly paid. 246 By mortgagor, on mortgage of copyhold, or freehold and copyhold : to pay annual premium on life policy with power to mortgagee to pay and charge same. 247 By mortgagor for further assurance on farther advance and security for future advances. 248 By mortgagor on mortgage of leaseholds. ' 249 By mortgagor to pay expense of insuring life of nominee. 250 By mortgagor to retransfer stock, and pay dividends in meantime. 251 By mortgagee not to bring actions for felling timber, &c. 252 Covenant and proviso for repair of premises by mort- gagor. Miscellaneoiis Covenants, 253 Short forms of covenants on sale. 254 On assignment of letters patent. 255 On assignment of personalty, by vendor. 256 Ditto, by purchaser. 257 That bond assigned is valid. 258 For title, &c., by parties interested under a will. 259 -For title, &c., by tenant for life and remainderman. 260 For title, &c., by vendor and purchaser to sub-purchaser. 261 By vendor, to perfect title on death of tenant for life. 262 By assignees of bankrupt, to obtain vesting order. 263 To keep life of copyholder for the time being assured, &c. 264 To settle wife's after-acquired property. 265 That wife may live separately, &c. 266 Child to be under protection of wife. 267 That wife may carry on a trade, &c. 268 That wife may retain and dispose of personal property. 269 That wife may dispose of real estate. 270 That wife may dispose of choses in action. 271 That wife's receipts shall be discharges. 272 Trustee in default of disposition to apply money for child. 273 For further assurance by husband. 274 That husband may not claim estate by curtesy. 275 That will and codicils of wife may be proved, &c. 276 To pay wife annuity. 277 By trustee that husband not to be liable for wife's debts, &c. 278 Indemnity as to actions, &c. 279 That wife and child will not sue for maintenance, &c. 280 For execution of conveyance by infant on attaining 21. 281 Ditto. 282 By the father of children, who are entitled to portions under a will, to a purchaser, that they shall r their portions when of age. 283 For quiet enjoyment until execution by infant. 2 Eouse, 350. „ 351. „ 855. J) 357. )) 358. )J 360. >J 361. )) 361. 1 Eouse, 451. 2 Eouse, 402. J) 404. ti 343. >j 844. >j 844. )) 316. J? 317. »5 818. >? 326. )) 884. )) 404. )J 405. ?J 406. JJ 407. )S 407. 3) 408. J» 408. J) 409. )) 409. ?3 409. )J 410. )J 410. J? 410. >! 411. ?) 412. J> 412. JJ 412. )J 413. Green. 234. 2 Grabb, 811. 2 Eouse, 414 Digitized by Microsoft® 152 COVENANT (DEEDS OF). MisCELEANEOUs COVENANTS — Continued. 284 By purchaser, to pay retained part of purchase-money on execution of conveyance by infant. 285 To renew lease for lives. 286 Power to mortgagee to renew on default and recover expense. 287 By husband and wife, to bind wife's separate estate. 288 Joint and several covenant by four persons. 289 To indemnify against rent-charge. COVENANTS FOR THE PRODUCTION OF DEEDS {see Deeds, post). COVENANT (DEEDS OF). 1 Deed of covenant by parties in difference to abide the award of arbitrators. 2 Deed of covenant by way of defeazance on a post obit bond and warrant of attorney. 3 Deed of covenant to indemnify a purchaser against any misapplication of purchase-money. 4 Deed of covenant by a vendor or other grantor to in- demnify against supposed outstanding mortgage term or other incumbrance. 5 Deed of covenant to procure a conveyance of an outstand- ing legal fee. 6 Deed of covenant to accompany a conveyance on sale by a contingent remainderman in fee. 7 Covenant by vendor where several terms had been as- signed to a trustee for him to attend the inheritance, but the assignment had been lost or mislaid ; and on a sale the terms had been assigned to a trustee for the ptirchaser to attend the inheritance,— to use his utmost endeavours to find lost assignment, and, if found, to deliver it to the purchaser ; and if not found within three months, to procure such of the premises com- prised in the terms as were conveyed to the purchaser to be assigned by the persons by whom the premises were assigned by the lost assignment, or the person in whom the residues of the terms would, if the lost as- signment had not been executed, have been vested, to the new trustee to make representation, &c. 8 Covenant by vendor to pay legacy charged on lands con- veyed with other hereditaments, when payable ; and to produce and deliver release, and indemnify purchaser. 9 Covenant by vendor and his surety jointly and separately and by two trustees for sale separately — with a pur- chaser — when an infant and any after-born child or children of the vendor shall be competent to release portions, to procure a release of the lands conveyed from the portions, maintenance money, and interest, and surrender of term ; and cause same to be delivered to vendor ; or procure person ^■•o whom same shall be 2 Rouse, 414. )j 415. J? 415. J) 416. )) 416. 1 Rouse ,475. 2 Wilde, 358, 860. 371. 375. 400. 9 Jar. 612. 3 Jar. 663. 665. Digitized by Microsoft® COVENANT (DEEDS OF); 153 delivered, to covenant for production, &c., and tiiat trustees for sale shall, when any of the other premises charged shall be sold, invest part of the purchase- monies upon trust, for payment of portions and interest and indemnity of purchasers. 10 Covenant to refund consideration-money with interest, in case of eviction, within one year. 11 Deed of mutual covenant by the purchasers of an estate sold in lots for making and maintaining a road. The vendor covenants in respect of the unsold lots. Proviso for determining the vendor's covenant on the sale of the unsold lots, and the purchasers thereof entering into analogous covenants. 12 Deed of covenant not to erect any building on a certain part of covenantor's property, and obligation in the sum of £ by way of damages for due performance of the same. 13 Covenant by purchaser of land set out for building when . it is intended the buildings should be uniform. 14 Covenant not to resort to estates to raise judgment debts and to indemnity. 15 Covenant not to throw any rubbish into the river , or - within limits, and to prevent others from doing so. 16 Deed containing mutual covenants and mutual powers of distress and entry by several purchasers for indemnify- ing each of them against the payment of more than his proportionate part of a yearly rent which is charged on all the land. 17 Deed of covenant entered into between two tenants in common who have purchased freehold property which has been conveyed to them in equal undivided moities, by which they mutually agree not to sell their respective portions without giving the other the option of purchas- ing at a fair valuation, the amount of which is to be determined by arbitration, each party binding himself in the sum of £1,000 by way of liquidated damages, for the due performance of his covenants. 18 Deed of covenant by a lessee, in pursuance of award to farm according to course of husbandry mentioned in schedule ; and every year to feed off at least sixty acres . of pasture ; and at end of term leave certain fields in an husbandlike manner, sown with turnips, twice hoed; being paid for the same at a valuation ; and to leave all hay which shall arise in the last year of the term pro- perly stacked, being paid at a valuation ; to keep all the covenants of the lease (except such as are hereby altered) . and to perform award. 19 Covenant by customer of a banking house to secure the balance on an account current. Variation where a third person joins in the covenant as surety. 20 Covenant by three bankers with a surety, that he shall not be liable to be sued on bond, unless principal shall neglect to pay monies secured by the bond, for one month after notice ; nor unless surety shall neglect to 3 Jar. 66(5. „ 668. Hayes, 361. 2 Prid. 624. Green, 245. „ 248. „ 253. 2 Prid. 657. 1 Hug. 380. 3 Jar. 209. 641. Digitized by Microsoft® 154 COVENANT (DEEDS OF). 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 pay the monies after three months' notice of such neglect by principal ; covenant by bankers to use their utmost endeavours to obtain payment from principal, and covenant by principal with surety, to indemnify. Covenant by mortgagor to renew leasehold premises in mortgage. Covenant by one with one for the payment of money lent and interest. (Variation where the covenant is to secure a debt already due ; also where it is the joint and several covenant of more than one ; and where a penalty is inserted.) Deed of covenant from a mortgagee for re-delivering title deeds to the mortgagor on repayment of the mortgage money, and for purchasing them in the meantime. Deed of covenant on the part of mortgagees to stand possessed of the securities for the benefit of the person paying off a part of a debt, nevertheless without preju- dice to the right of the mortgagee to receive the residue of his debt in the first instance. Covenant by mortgagee, on a mortgagor conveying the equity of redemption to a person, to accept payment of the mortgage debt when tendered, and execute a con- veyance. Deed of covenants between a mortgagor and mortgagee, on the litter having purchased a certain sum in the stocks to be lent to the mortgagor as soon as he made a good title to his estate. Deed of covenants and a declaration that two surrenders and a bond were made to a person only for securing a sum of money. Covenant to mortgage to secure bills of exchange. Deed of covenant and trust for providing a sinking fund for payment of a mortgage debt. Deed providing for continuance of loan upon altered terms, as to days for payment of interest, and in other respects. Deed of covenant for making a legal jointure after an in- tended marriage shall take effect. Deed of covenant by an intended husband, tenant for life to charge estates with a rent-charge in heu of a jointure at a future period, in pursuance of a power. Covenant by the jointress-owner of a rent-charge, vyith the purchaser of part of the lands, not to distrain or enter. Deed of covenant with a surety for the grantee of an annuity to accept a sum in exoneration of further liability. Covenant from a legatee on receiving a sum of money from the executor on account of his legacy, to execute a release for the whole amount as soon as it shall be paid. Declaration and deed of covenants by legatees as to their expectant shares, in order to render them transmissible as though actually vested. 3 Jar. 660. 2 Bone, 369. 3 Jar. 639. 2 Wilde, 414. 2 Crabb, 795. „ 797. „ 799. „ 802. Dav. Con. 203. 2 Dav. 1267. „ 1271. 2 Wilde, 377. „ 385. 9 Jar. 867. 2 Wilde, 417. 2 Crabb, 791. » 792. Digitized by Microsoft® DECLARATIONS. 155 COVENANT TO STAND SEISED TO USES. 1 Coyenant to stand seised either to use of covenantee in fee, or to use of covenantor in tail male ; remainder to use of covenantee in tail male, remainder to use of covenantor in fee, with power to covenantor to revoke uses. ® 2 Covenant to stand seised to use of covenantee in fee, with a proviso, that in case covenantor, or his heirs, shall convey other lands to covenantee and his heirs, the use hereby limited shall cease. 3 Covenant to stand seised to uses in favour of the cove- nantor, his wife and children. DEBTOR AND CREDITOR {see Bankexjptcy, Composition Deeds, ante ; and Inspector- ship Deeds, post). DEBTS (ASSIGNMENT OF) (see Assignments, awfe). DECLARATIONS {see also Ceetipicates, ante, and Depositions, post). 1 Declaration in lieu of oath, under 5 & 6 Will. IV. c. 62. 2 Declaration by an attesting witness to a notice of disso- lution of partnership. 3 Declaration by an attesting witness to the execution of a deed. 4 Declaration made before a mayor or a justice of the peace, or a notary, by an attesting witness, of the due execu- tion of a power of attorney, deed, or other instrument. 5 Mayor's certificate to accompany the preceding declaration of its having been made before the mayor. 6 Notarial certificate that a declaration, substituted for an oath, was made before a mayor or a justice of the peace. 7 Notarial certificate of a declaration having been made before a notary (common form). 8 Notarial certificate that a declaration, substituted for an oath, WHS made before a notary (or before a mayor or a justice of the peace) ; and also that a deed, power of attorney, or other instrument, was executed by the parties to it. 9 Declaration by an attesting witness to the execution of a power of attorney. 10 Declaration made before a notary by the witnesses of the due execution of a deed of disclaimer and renunciation by two executors of an executorship, when executed by each of the executors separately, in the presence of a different witness. 3 Jar. 678. „ 679. 2 Hay. Intr. 89. Bate. 379. Wilk. 201. >7 202. Brooi e, 316. » 317 » 318 !) 318 „ 319. Wilk. 205. Brooke, 326. Digitized by Microsoft® 135 DECLARATIONS. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 80 31 32 Notarial certificate to accompany the preceding declara tion, and also authenticating a copy of the deed of disclaimer and renunciation of executorship. Declaration by a vendor that there are no incumbrances affecting hereditaments. Declaration by a mortgagor of chattels that there are no incumbrances affecting them. Declaration as to the identity of a pl(#of land. Declaration of identity of parcels. Declaration of long possession of an estate as evidence of ownership. Declaration to settle the boundaries of copyhold lands which have become intermixed with lands of freehold tenure. Declaration by a husband that his deceased wife had no separate estate. Declaration in proof of a debt to accompany a power of attorney. Declaration of a debt owing by a firm abroad, when the declarant is a clerk of a creditor in this country, made before a notary. Notarial certificate to accompany the preceding declara- tion. Declaration of a debt owing by a person abroad to a firm in this country, made by one of the firm and by a clerk before a notary. Notarial certificate to accompany the preceding declara- tion. Declaration by the secretary of a building society as to a change of trustees. Declaration in proof of a death. Declaration authenticating a copy of an entry in the register book of interments of the burial of a person, and identifying the deceased as a proprietor of stock, made by the declarant before a notary, pursuant to the regulations of the Bank of England. Declaration authenticating a copy of an entry in the register book of interment in a public cemetery, of the burial of a person who was a proprietor of stock, and that he was the identical person named in certain letters of administration, made by the declarant before a notary, pursuant to the regulations of the Bank of England. Declaration of thf identity of a proprietor of stock, when his description in the will did not correspond with that in the books of the Bank of England, made by the declarant before a notary, pursuant to the regulations of the Bank of England. Declaration in proof of heirship. Ditto. Declaration verifying a certificate of baptism, marriage, or death, and the identity of the person named therein. Declaration of the existence of a person who had given a power of attorney at the time of the attorney exercising .the power. Brooke, 327. Wilk. 203. „ 204. „ 204. 1 Crabb, 55. „ 56. 2 Crabb, 814. Wilk. 205. „ 206. Brooke, 823. „ 324. „ 324. „ 326. Wilk. 207. „ 208. Brooke, 328. 330. „ 331. Wilk. 208. Moore, 114. Wilk. 210. Green, 257. Digitized by Microsoft® DEEDS (COVENANTS FOR THE PRODUCTION OF). 157 33 34 35 36 37 38 39 40 41 42 43 44 Declaration of the truth of a memorial. Declaration by a memorialist verifying the statements in his memorial for the grant of a certificate of naturaliza- tion. Declaration by four householders vouching for the re- spectability and loyalty of a memorialist for the grant of a certificate of naturalization. Declaration that several instruments are for securing the same annuity. Declaration that money advanced is on joint account. Declaration by cestui que trust that money advanced by trustees is by his consent, and by trustees that money advanced is trust money. Declaration for change of partners by a firm to a firm. Declaration as to receipts in a mortgage to a firm. Declaration as to using a person's name in a bond. Dower declaration by one purchaser. Dower declaration by several purchasers. Declaration as to an exchange of tithes under an Inclosure Act. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DECLARATIONS OF TRUST {see Trusts, post). DEEDS OF COVENANT (see Covenant, ante). DEEDS (COVENANTS FOR THE PRODUCTION OF). Generally. Deed of covenant by vendor for the production of deeds, &c. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto (with variations). Ditto (by different persons). Ditto (by several, as to different writings). Covenant to produce deeds, with a proviso for making void the covenant on parting with the deeds and procuring a substituted covenant. Ditto. Covenant to produce title deeds, mentioned in a schedule ; • not to deface, cancel, or obliterate deeds ; and on pay- ment of sixpence per folio, stamp duty, and expense of paper, to deliver attested copies, or extracts, or abstracts. Wilk. 210. 210. 211. 2 Crabb 813 j> 819 )> 820 J? 819. SJ 819 J) 835 2 Eouse 258 » 258 Moore, 112. 1 Prid. 375. C. 159. Dav. Con. 496. 1 Hug. 395 Hous. 127. Lewis, 190. Sweet, 28. 2 Crabb, 804. 1 Dav. 203. Green, 251. 1 Rouse, 449. 2 Rouse, 314. 2 Wilde, 402. 1 Rouse, 450. 2 Rouse, 315. 2 Dav. 540. Hayes, 365. 3 Jar. 643. Digitized by Microsoft® 158 DEEDS (COVENANTS FOR THE PRODUCTION OF). 19 20 21 22 23 24 25 26 27 28 Gbneeallt — continued. Covenant by vendor to produce title deeds, and to make and deliver copies at purchaser's expense ; vnth a proviso for ceasing the covenant, or obtaining a like covenant ixom a subsequent purchaser; variation con- taining part of a covenant by two persons, for the pro- duction of title deeds, each as to the deeds in different schedules ; and a variation containing an additional covenant by a tenant for life in possession, that his executors shall, on his decease, if tenant for life in remainder shall survive him, deliver the title deeds to the purchasers of the estate for life in remainder, they covenanting to deliver the deeds on the death of the tenant for life in remainder unto the person then entitled to the lands. Covenant at the end of an appointment and release, on a purchase to produce the title deeds ; and to deliver copies, abstracts, or extracts, with a proviso for deter- mining the covenant, on the vendor procuring a subse- quent purchaser, or person entitled to the custody of the deeds, to enter into a similar covenant. Covenant at the end of an appointment and release, for production of title deeds, &c., where the vendor having a covenant for production, sells part of the estate, and retains his purchase deed, which contains the covenant to produce the deeds; with a proviso, that if, upon demand made by the purchaser or the vendor, under his covenant for quiet enjoyment, as against the original vendors ; or under the vendor's covenant for production of the title deeds — the vendor shall deliver to the purchaser the original deed, and shall concur in enforcing covenants on the part of the original vendors, and for indemnifying purchaser, then purchaser shall not sue vendor. Deed of covenant from one purchaser to another, for the production of deeds and documents of title which relate to both the purchased properties. Ditto. Deed of covenant by purchaser to whom the deeds, &c., are delivered for production to vendor. Deed of .covenant for the production of deeds, &c., by one purchaser with a former purchaser of part of the pro- perty — by way of substitution for a similar covenant which had been entered into by the vendor. Deed of covenant for production of two sets of deeds by the respective holders of such deeds. Deed of covenant for production of deeds by different persons as to different deeds, one of the covenantors being owner in fee, another a mortgagee, others being a tenant for life and remainderman, and others being trustees. Covenant by one purchaser with another, for production of title deeds, relating to lands purchased by each ; and to keep deeds safe; with a proviso for cesser if the 3 Jar. 646. 650. „ 655. 0. 161. 1 Prid. 376. ,, 377. „ 382. „ 385. „ 386. Digitized by Microsoft® DEFEASANCE. 159 Geneeallt— ( covenantor shall sell the lands purchased by him, and procure the purchaser to enter into the like covenants as are herein contained ; but without prejudice to any action which shall have accrued prior to the delivery of the new deed of covenant. 29 Deed of covenant for the production of the original lease by a lessee to an assignee of leasehold premises. Covenants by Trustees and Mortgagees. 30 Covenant by trustees for the production of deeds. 31 Ditto. 32 Deed of direction and appointment to produce title deeds by trustees selling under a power of sale and exchange in a settlement ; the tenant for life joins to covenant for production during his life. 33 Deed of covenant by the trustee of a bankrupt for the production of deeds, &c. 34 Covenant to produce deeds by trustees or mortgagees. 35 Ditto. 36 Ditto (variation where the deeds are held by several different persons). 37 Covenant for production of two sets of title deeds by mortgagees and trustees. 38 Covenant for production of writing by mortgagee and mortgagor. 39 Deed of covenant from a mortgagee for re-delivery of title deeds to the mortgagor on payment of the mortgage money, and for producing them in the meantime. 40 Deed of covenant by a mortgagee for the production of deeds, &c., to a purchaser on the mortgagee's release of a portion of the lands comprised in the mortgage. DEFEASANCE (see also Waerants of Attorney, post). 1 Defeasance reviving a condition in a lease which has been determined by licence or otherwise. Indorsed on the lease containing the condition [see 22 & 23 Vict. c. 35]. 2 Defeasance to a judgment entered up under a cognovit actionem declaring that judgment is a security for payment of principal and interest by three instalments ; and for costs ; total sum to be secured not to exceed a given sum. 3 Defeasance to warrant of attorney (indorsed thereon), where principal and interest are payable by instalments. 4 Ditto. 5 Defeasance on warrant of attorney to confess judgment. 6 Defeasance upon a warrant of attorney given with a post obit bond. 7 Defeasance on a bond, where a policy of assurance has been efTected as a collateral security for the principal and interest. 3 Jar. 652. 2 Wilde, 408. Hayes, 367. 1 Prid. 380. „ 383. „ 381. Dav. Con. 499. 2 Orabb, 807. 2 Dav. 543. 2 Crabb, 808. 2 Eouse, 315. 2 Wilde, 414. 1 Prid. 379. Sweet, 29. 3 Jar. 687. 1 Jones, 245. Hawk. 88. 2 Crabb, 902. „ 903. 3 Jar. 695. Digitized by Microsoft® 160 DEPOSITIONS. 8 Defeasance, where warrant of attorney given to cover future advance. 9 Defeasance, where warrant of attorney given as a guarantee. 10 Defeasance, where warrant of attorney given as an . indemnity to a surety. 11 Defeasance, where warrant of attorney given to secure an annuity. 12 Defeasance reviving condition of a lease for years, after an assignment with the consent of the lessor. 13 Defeasance reviving the condition of a lease for years, by a lessee, and the purchaser of part of the premises demised ; and covenants by each to pay the apportioned rent, and perform the covenants, as to the premises held by them respectively. 14 Deed of defeasance by a lessee and his mortgagees to ' prevent the further assignment of a lease without the licence of the lessor. 15 Defeasance to bond conditioned for replacing a sum of stock, and the payment of annual sums in lieu of dividends. 16 Defeasance to a transfer of shares in a public company. Variation where the mortgage is of stock in the funds. Also, where the debt is already secured by the bond of the mortgagor and a surety ; and declaration that the security shall not prejudice the mortgagee's remedies against the surety. 17 Deed of defeasance accompanying a transfer of canal shares. (Variation where the mortgage is of stock in the funds; also, where the debt is already secured by the bond of the mortgagor and a surety. Declaration that the present security shall not prejudice the mort- gagee's remedies against the surety.) DEMAND. 1 Demand pursuant to a covenant. 2 Demand under a mortgage of chattels. 3 Demand of perusal, and copy of a warrant from a constable. 4 Demand from a gaoler. DEMISE {see Leases, post). DEMURRAGE (see Shipping, ^osif). DEPOSIT OF DEEDS (see Mortgages, i^osif). DEPOSITIONS {see also Affidavits, Certificates, and Declarations, ante). 1 Deposition verifying a certificate of baptism, burial, or ■marriage. Hawk. 89. „ 89. „ 90. „ 91. 3 Jar. 691. „ 693. 5 Dav. 1032. Green, 190. Sweet, 97. 6 Jar. 239. Moore, 121. „ 121. Ship. 137. „ 138. 2 Wilde, -41. Digitized by Microsoft® DISCLAIMERS AND RENUNCIATIONS. 161 2 "Wilde, 442. 2 Deposition of the service of a clerk under articles. 3 Deposition of the due execution of a submission to arbitra- tion. 4 Deposition of the execution of deeds of lease ar' i-f^le'^=«' or other conveyance. 5 Deposition of the execution of a letter of attorney. 6 Deposition of the execution of a warrant of attorney to confess judgment (with variation). DEPUTATION {see AppomTMENTS, ante). DEPUTY STEWARD (APPOINTMENT OF) {see Appointments, ante). DEVISE {see Wills, post). DISCLAIMERS AND RENUNCIATIONS. 1 Disclaimer of trusteeship. 2 Disclaimer of the trusts of a settlement, 8 Ditto (by deed poll endorsed). 4 Ditto (by indorsement). 5 Ditto. 6 Disclaimer of title by a trustee under a conveyance or wOl. 7 Disclaimer under a will, 8 Ditto. 9 Ditto. 10 Ditto (short form). 11 Disclaimer of trusts and executorship of a will. 12 Ditto. 13 Ditto. 14 Ditto. 15 Deed of disclaimer and renunciation by a trustee and executor. 16 Eenunciation or disclaimer by a trustee declining to accept the trusts of a wUl. 17 Disclaimer of an estate devised. 18 ' Disclaimer of the executorship and trusteeship of a will, and guardianship of children. 19 Ditto. 20 Ditto. 21 Eenunciation of an executorship. 22 Eenunciation of probate and administration, with the will annexed. 23 Eenunciation of administration. 24 Disclaimer of the trusts and executorship of a will by one of several trustees and executors. 25 Disclaimer by one of two trustees under a marriage settlement. 26 Disclaimer by deed poll, by one of two trustees under a will. 445. 4-iO. 447. 448. Dav. Con. 464. 2 Prid. 461. Hous. 191. Prior, 200. 1 Eouse, 498. 2 Wilde, 457. Prior, 201. 1 Eouse, 498. Green. 257. „ 259. C. 251. Hayes, 728. Bird, 202. Love. 547. 3 Hug. 141. 2 Crabb, 1343. 1 Jones, 257. Hous. 192. Dav. Con. 465. 5 Dav. 1073. 3 Wilde, 692. 2 Crabb, 1342. „ 1342. 2 Prid. 459. 3 Hug. 143. 3 Jar. 70.^. M Digitized by Microsoft® 162 DISENTAILING ASSURANCES. 27 28 29 30 31 32 33 34 10 11 12 13 U 15 Disclaimer by one of two trustees of executorship and powers of sale, &c., over real estate, &c. Disclaimer by one trustee of a devise and bequest of lands, &c., and of the guardianship of testator's children. Disclaimer of the trusts and executorship of a will by both the trustees and executors. Eenuuciation of probate and execution of a will and codicil by one of three executors, and affirmation thereof, and that he has not intermeddled, and will not intermeddle in the goods, &c., of the deceased with Intention to defraud the creditors. Disclaimer of one of two trustees of a marriage settle- ment ; and agreement by the husband and wife that all the trusts, &c., shall be executed by the continuing trustee, his heirs, &c. Disclaimer by a devisee and legatee in trust. Deed of disclaimer of interest in a suit by one or more. Disclaimer of trustees of copyholds that only one of them may take admittance. DISENTAILING ASSURANCES. Freeholds. Disentailing deed by a tenant in tail in possession. Ditto. Ditto. Ditto, the creation of the entail not being recital. Deed by tenant in tail with the consent of the protector to bar an entail in fi-eeholds. Ditto. Disentailing deed of freeholds and money to be laid out in purchase of land. Conveyance by a tenant for life in possession to a purchaser for an estate in fee simple. Conveyance by a tenant in tail in possession, where there is no protector, his wife joining to bar her dower. Ditto. Eelease in fee (to be inrolled) by tenant in tail, in posses- sion to uses in favour of a purchaser. The vendor's wife joins for the purpos.e of extinguishing her dower. Ditto. Eelease in fee (to be inrolled in chancery) by tenant in tail, in possession under a decree by will to uses to bar dower, his wife joining for the purpose of extinguishing her dower. Eelease in fee (to be inrolled in Chancery) by tenant in tail in possession under a settlement ; to uses to bar dower, his wife joining for the purpose of extinguishing her dower, as in the last precedent. Eelease in fee (to be inrolled in chancery) by husband and wife, seised in right of the wife, of an estate tail in pos- session, to uses to bar dower in favour of the husband. 3 Jar. 706. 707. 2 Prid. 460. 3 Jar. 711. „ 712. H. & J. 417. 2 Wilde, 459. (Jreen. 240. Dav, Con. 481. 2 Prid. 484. Hous. 208. 3 Dav. 1166. Dav. Con. 482. Green. 259. Hayes, 637. 2 Prid. 484. 2 Crabb, 914. 2 Hay. Intr. 168. 9 Jar. 287. Sweet, 208. 1 Jones, 215. „ 218. » 221. Digitized by Microsoft® DISENTAILING ASSURANCES. 163 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Freeholds — continued. Conveyance by husband and wife of her undivided share of an estate to which she is entitled in remainder, with the consent of the protector. 2 Crabb, 919. Deed by tenant for life and tenant in tail to bar the entail of freeholds originally comprised in a settlement, and of freeholds subsequently acquired and settled by virtue of the power of sale and exchange, and powers appendant to the estate for life being preserved. 3 Dav. 1169. Conveyance by two tenants in common in tail, and by another in common in tail, and her husband, for the purpose of barring all estates tail, and of effecting a partition of the estate. Shel. R. P. 748. Deed by tenant in tail with the consent of the protector to bar an entail of freeholds. 3 Dav. 1176. Deed in bar of all estates tail generally. Prior, 196. Disentailing deed ■with protector's consent, and limitation to the joint appointment of the tenant for life and tenant in tail, keeping the Ufe estate on foot. ., 197. Disentailing deed with protector's consent, and limitation to the joint appointment of the tenant for life and tenant in tail, the life estate being merged. „ 198. Disentailing deed of estate comprised in a specific entail where there is no protector. „ 198. Conveyance by grant and release by tenant in tail for the purpose of barring an estate tail, and taking a re-con- veyance to usual dower uses. Variation where the assurance is made with the consent of the protector. 1 Hug. 327. Conveyance by a tenant in tail in possession, by grant and release, to a purchaser to usual dower uses. Vari- ation where vendor's wife concurs to release her dower. „ 336. Disentailing assurance by tenant in tall in possession pre- paratory to a conveyance to a purchaser. Variation where the estate is in remainder, and the protector joins (a very short form). 9 Jar. 292. Ditto. Sweet, 209. Disentailing deed, being a grant of a remainder, with the consent of the protector. Ship. 382. Conveyance by protector tenant for life and his son tenant in tail in remainder. 2 Crabb, 917. Disposition and conveyance by a tenant in tail in remain- der, for the purpose of barring the entail ; the protector joins to give his consent. 0. 174. Ditto. 2 Prid. 485. Ditto. 2 Hay. Intr. 161, Ditto. Hous. 203. Ditto. _ Shel. R. P. 728. Deed for barring the entail in lands directed to be pur- chased with the monies arising from the sale of stock, and for declaring that the stock and monies should not be so invested. 0. 177. Ditto. 2 Prid. 487. Deed by tenant in tail with the consent of the protector to bar estates tail created by several instruments in settled M 2 Digitized by Microsoft® 164 DISENTAILING ASSURANCES. 88 39 40 41 42 43 44 45 46 47 48 49 50 51 Fkeeholds — ( freeholds, in other freeholds subject to a trust for sale and investment of the proceeds in lands to be settled, and in money. Conveyance of an estate by a tenant in tail in remainder, with the consent of the tenant for life (subject to the uses by the settlement limited to take effect prior to the estate tail) to such uses as the tenant for life and tenant in tail may jointly appoint, or as the tenant in tail, as the survivor may appoint, and subject thereto to the former uses under the original indenture of settlement. Conveyance by a tenant for life and tenant in tail in re- mainder of lands, and stock liable to be laid out in lands, to such uses as they shall jointly appoint, or as the tenant in tail, if he survives, shall appoint, and in default of such appointment to the subsisting uses under the original settlement. Conveyance by lease and release, by protector, tenant for life and his son, tenant in tail in remainder. Conveyance by a father, tenant for life and protector of a settlement, and Ms eldest son, tenant in tail in remain- der, for the purpose of barring the entail and taking back an estate 'for life to the father, subject to such uses as the father and son shall jointly appoint, with the ultimate remainder to the son in fee. Eelease in fee (to be inrolled in Chancery) by tenant for life and his son, tenant in tail in remainder, re-vesting the estate for life in the father, with remainder to the son in fee. Release in fee (to be inrolled in Chancery) by tenant for life and tenant in tail under a will to trustees for sale. Conveyance by tenant in tail in remainder, with the con- sent of the protector, to uses in favour of a purchaser. To be inrolled. (Variation where the protector does not join, and the vendor covenants to perfect the title hereafter.) Ditto. Conveyance by an heir in tail (after the death of the pro- tector) to perfect the title of a purchaser from his ancestor (to be inrolled). (Variation where the assur- ance is made in the lifetime and with the consent of the protector.) Ditto. Conveyance by bargain and sale (to be inrolled in Chan- cery), by a tenant in tail in remainder, without the con- sent of the protector of the settlement, with a covenant to complete the title at a future period. Conveyance by bargain and sale (to be inrolled in Chan- cery), by indorsement on last deed, for completing the title of a purchaser entitled to a base fee under the assurance of a tenant in tail in remainder. Conveyance by a tenant in tail, without the consent of the protector. Conveyance (to be inrolled in Chancery) by indorsement on last deed, for completing the title of a purchaser 3 Dav. 1185. 2 Prid. 488. „ 490. 2 Hay. Intr. 1G4. 1 Hug. 339. 1 Jones, 223. „ 226. Sweet, 210. 9 Jar. 293. Sweet, 212. 9 Jar. 298. Shel. R. P. 731. 735. 2 Crabb, 922. Digitized by Microsoft® DISENTAILING ASSURANCES. 165 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 'Fr'eeeo'lds— continued. entitled to a base fee under the assurance of a tenant in tail in remainder. Conveyance by tenant in tail without the consent of the protector, with a covenant to perfect the title at a future period. Ditto. Further assurance in pursuance of the covenant contained in the last precedent. Conveyance by bargain and sale, by an heir in tail, to perfect the title of a purchaser, entitled under the assur- ance of the ancestor or the bargainor to a base fee. Deed by tenant in tail in remainder to create a base fee. Deed to enlarge a base fee into an estate in fee simple absolute (by indorsement on last precedent). Conveyance of a base fee by tenant in tail in remainder without consent, with covenant to complete title. Conveyance by the owner of a base fee for the purpose of enlarging it into a fee simple absolute. Deed to bar the entail of undivided shares of freeholds, the protector being a lunatic, and the consent being given by the Lords Justices. Disentailing deed of an undivided share by a married woman. Conveyance by the owner of an executory estate tail in freeholds, with the consent of the protector, to uses to prevent dower in favour of a purchaser. (To be inrolled in Chancery.) Conveyance for barring an equitable entail affecting an estate which had been directed to be sold, and the pro- duce invested in the purchase of other lands to be entailed, by the party who would have been tenant in tail of the lands to be purchased, and by the heir at law of the surviving trustee for sale. Copyholds. Disentailing assurance by an equitable tenant in tail of copyholds. Ditto. Ditto. Ditto. Conveyance by an equitable tenant in tail of copyholds who . is also seised of the legal fee, to a purchaser. Ditto. Ditto. Disentailing deed of copyholds by tenant in tail in remain- der, with consent of protector. Deed of disposition by an equitable tenant in tail of copy- holds to a purchaser. Ditto. Ditto. Eelease by two equitable tenants in common in tail of copyholds, which had been previously surrendered by an heir at law to a purchaser, and covenants for title. 2 Crabb, 925. 1 Hug. 34]. 2 Hay. Intr. 175. 1 Hug. 346. 2 Hay. Intr. 180. 2 Prid. 496. „ 497. 1 Rouse, 76. Shel. E. P. 730. 3 Dav. 1191. Prior, 199. Sweet, 218. Shel. E. P. 761. 2 Prid. 495. Dav. Con. 485. Hayes, 642. 3 Dav. 1181. 1 Hug. 352. Sweet, 214. 9 Jar. 300. Hous. 209. 2 Scriv. 848. 2 Crabb, 933. 1 Jones, 237. Shel. E. P. 742. Digitized by Microsoft® 166 DISENTAILING ASSURANCES. COPTHOLDS- 76 Conveyance of remainder in tail of copyholds with consent . of protector ; by surrender and deed of covenant. 77 Conveyance of base fee in copyholds by tenant in tail in remainder, without consent of protector ; with contract to complete title on death of tenant for life ; by surren- der ; with deed of covenant. 78 Bargain and sale (to be inroUed in Chancery) by tenant in tail to a purchaser in fee. (Variation where the widow of the deceased owner joins in order to release her dower.) 79 Surrender by tenants in common in tail, of copyholds to bar the entail. 80 Surrender to bar an estate tail in remainder in copyholds, the protector's consent having been obtained by deed. 81 Surrender of copyholds out of court for the purpose of barring an estate tail. Yariation where the protector consents. 82 Form of surrender when made in court. 83 Surrender out of court of copyholds by tenant in tail in possession, to the use of a purchaser in fee. (Variations where there is a protector who gives his consent in person or by a deed to be entered on the rolls.) 8t Ditto. 85 Surrender of copyholds to a purchaser by tenant in tail, .with consent of protector. 86 Surrender out of court of copyholds by legal tenant in tail in possession, for barring the estate tail. 87 Surrender out of court by a tenant in tail in remainder, in order to acquire a base fee. 88 Ditto. 89 Ditto. 90 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. a. Memorandum of protector's consent. 91 Surrender out of court by tenant in tail in remainder, with the consent of the tenant for life (the protector under the provisions of the 3 & 4 Will. IV. c. 74), for the purpose of acquiring a reversionary estate in fee simple. 92 Ditto. 93 Surrender out of court by a feme covert, tenant in tail and her husband, in order to acquire an absolute customary fee. 94 Surrender out of court by a feme covert equitably entitled to remainder in fee, and her husband, to a purchaser. 95 Surrender out of court by a married woman, tenant in tail, and her husband, to the use of a purchaser. 96 Lease by trustees and the cestui que trusts, to commit a forfeiture of copyholds, in order to bar an equitable estate tail. a. Precept of seizure by reason of the above forfeiture. 1 Eouse, 130. „ 132. Sweet, 204. 2 Prid. 492. „ 494. 1 Hug. 349. „ 351. Sweet, 206. 9 Jar. 284. 2 Crabb, 928. 1 Jones, 240. Shel. E. P. 739. 2 Scriv. 843. 2 Crabb, 930. Shel. R. P. 740. 741. 2 Scriv. 842. 2 Crabb, 929. 2 Scriv. 844. „ 845. Shel. E. P. 741. 2 Scriv. 892. „ 894. Digitized by Microsoft® DISMORTGAGE. 167 100 101 102 Copyholds — continued. 97 Conveyance of copyholds of a bankrupt tenant in tail in possession, by the commissioners and assignees under the fiat, to be entered on the court rolls. (Variation where the estates are of freehold tenure.) 98 Memorandum of a surrender of copyholds for barring an estate tail in remainder expectant upon the decease of a tenant for life, without issue male, the consent of the tenant for life as protector having been given by a separate deed. Personalty. 9 9 Assignment of stock, sub j ect to be invested in the purchase of lands to be entailed, by the persons who would have been tenant for life in possession and tenant in tail in remainder of such lands, if purchased, for the purpose of discharging the stock from the trusts to which it was subject. Assignment by tenant in taU, with protector's consent to bar entail in money standing in names of trustees to be invested in land. Ee- assignment to be indorsed on last precedent. Assignment by tenant in tail in remainder, with the con- sent of the protector of the settlement, of funds subject to be laid out in lands to be entailed, in order that the same may be immediately re-assigned to the assignor. Declaration that fund shall be considered as personal estate. 103 Ditto. 104 Ee-assignment (to be indorsed on last precedent) for the purpose of vesting the absolute reversionary interest in the funds in the tenant in tail in remainder. 105 Ditto. 106 Deed by tenant for life and tenant in tail to bar the entail of bank annuities standing in the name of the Accoun- tant-G-eneral of the Court of Chancery. 107 Disentailing deed of money directed to be laid out in the purchase of land (the protector consenting). 108 Disentailing deed of stock with protector's consent. 109 Assignment of a reversionary interest in a personal fund; adapted to the case of a sale of a personal fund directed to be laid out in land, by tenant in tail in remainder, with the consent of the protector. 110 Memorandum to be indorsed or written at the foot or in the margin of the deed to be acknowledged by married woman, under 3 & 4 "Will. IV. c. 74, s. 84. 111 Certificate of the taking such acknowledgment, to be written upon a separate piece of parchment, and signed by the judge or commissioner. {See Acknowlbdg- HENTS, ante.) Sweet, 215. 3 Dav. 1178. Shel. E. P. 764. 2 Crabb, 936. „ 937. Shel. E. P. 768. 2 Hay. Intr. 183. Shel. E. P. 769. 2 Hay. Intr. liiB. 3 Dav. 1183. Hous. 211. Prior, 199. Sweet, 220. 2 Crabb, 939. „ 939. DISMORTGAGE {see Mortgages, -post). Digitized by Microsoft® 168 DISTRESS. DISSOLUTION OF COPARTNERSHIP (see Pabtneeship, ^ost). DISTRESS. 1 "Warrant of distress. 2 Ditto. 3 Warrant to distrain in a house for rent. 4 "Warrant to distrain on a farm for rent. 5 Warrant to distrain for copyhold rents. 6 Distress rent charge in lieu of tithes. 7 Inventory of goods distrained 8 Ditto. 9 Ditto. 10 Bequest of a tenant to his landlord to withdraw a distress for rent, with liberty to make a second distress. 11 Consent of tenant to the landlord or his bailiff continuing in possession under a distress for more than five days. 12 Consent by a tenant that goods distrained may remain on the premises beyond the time allowed by law. 13 Appraiser's oath ; and memorandum thereof 14 Ditto. 15 Appraisement by the two appraisers. 16 The appraisement. 17 Ditto. 18 Afiidavit of justification. 19 Power of attorney to distrain. 20 Bond in replevin under sect. 66 of 19 & 20 Vict. c. 108. 21 Bond in replevin under sect. 65 of 19 & 20 Yict. c. 108. 22 Memorandum of deposit pursuant to 19 & 20 Vict. c. 108, s. 71, where the action of replevin is to be brought in the County Court. 23 Memorandum of deposit pursuant to 19 & 20 Vict. c. 108, s. 71, where the action of replevin is to be brought in one of the superior courts. 24 Warrant to high bailiff to replevy. 25 Deputation to grant replevins. 26 Eeplevin bond. 27 Assignment of a replevin bond. Notices. 28 Notice of distress for rent. 29 Ditto. 30 Ditto (general form). 31 Notice of distress for arrears of a rent charge 32 Ditto. 33 Notice of distress of growing crop, &c. 34 Ditto. 2 Crabb, 941. „ 950. Woodf. 1074. „ 1074. 2 Crabb, 947. „ 948. Woodf. 1074. Ship. 434. 2 Crabb, 941. Woodf. 1075. „ 1076. 2 Crabb, 944. Woodf. 1076. 2 Crabb, 945. „ 946. Woodf 1076. Ship. 436. Woodf 1079. 2 Crabb, 947. Woodf 1080. „ 1080. „ 1080. „ 1081. „ 1081. 2 Crabb, 951. „ 951. „ 952. Woodf. 1075. Coote,L.&T.728. 2 Crabb, 942. „ 943. Ship. 437. Woodf. 1075. Ship. 436. Digitized by Microsoft® ENFRANCHISEMENTS. 169 '35 36 37 38 39 40 41 42 43 44 Notices— cow 5 226 ?5 227 99 229 Ship. 48. „ 49 „ 49 2 "Wilde, 544. 2 Crabb. 1497. 4 Chit. 252. Abb. Ap. 398. Greenh. Ap. 449. 2 "Wilde, 546. 5 Dav. 708. Digitized by Microsoft® INDEMNITY. 181 10 11 12 13 14 15 Deeds op Indemnity — continued. purchase-money in the names of the yendor and purchaser, and declaration of trust accordingly. Power to substitute a subsequent parchaser as trustee in the place of the original one. Deed of indemnity against a judgment, by declaration of trust of purchase-money on sale of estates by trustees for payment of debts, &c. Deed of indemnity against a rent-charge or other incum- brance, by covenant and power to distrain (with varia- tions.) Deed of indemnity against a rent-charge or other incum- brance, by demise of freehold lands to a trustee (with variations.) a. Variation where conciseness is desirable. I. Variations where the fee is conveyed as an in- demnity. Demise of freeholds to a trustee, in trust to indemnify the purchaser of other freeholds from the loss of title-deeds. Demise of premises for a term of 1,000 years in trust to indemnify a purchaser against the loss of title-deeds, with a covenant from vendor to indemnify purchaser, and absolute covenants for title to the demised premises. Demise of a portion of certain lands charged with an annuity to trustees for 1,000 years upon trusts, by way of indemnity and exoneration of the remainder of such lands from the payment thereof. Indemnity against annuity charged on an estate, part of which is sold subject to payment of the whole annuity. Covenant to repay purchase-money in case purchaser is lawfully evicted within the course of six years. Demise of an estate to trustees to secure the repayment of purchase-moneys, in case the purchaser is evicted of other lands sold and conveyed to him by the grantor. Indemnity against a perpetual rent-charge by the creation of another perpetual rent-charge out of the part of the property subject to the original rent-charge. The entire property having been sold in lots subject to a condition that the original rent-charge should be exclu- sively charged on one lot, and the remainder of the estate indemnified by the creation of a new rent-charge to be vested in trustees for the purposes of the in- demnity. Grant of a perpetual rent-charge or fee farm rent out of premises, to indemnify other premises conveyed to a purchaser or mortgagee against a like rent-charge issuing thereout. Grant of two perpetual rents to trustees, out of a messuage &c., (contracted to be sold) in order to exonerate other hereditaments from certain annual charges payable out of the whole. Power of appointing new trustees. Release in fee to trustees, to the intent that they might receive a rent-charge, with powers of distress and entry, and to apply the same by way of indemnity, for the 5 Dav. 716. 2 Wilde, 563. „ 573. „ 577. „ 586. „ 587. 4 Jar. 219. 2 Hug. 555. 2 Prid. 542. 1 Rouse, 474. 2 Hug. 530. „ 537. 5 Dav. 676. 2 Wilde, 589. 4 Jar. 175. Digitized by Microsoft® 182 INDEMNITY. Deeds of Indemnity — continued. benefit of certain purchasers ; with proviso for the cesser of the trusts. Limited covenants for title by cestui que trust. Special power of appointing new trustees. 16 Deed of covenant by one purchaser with other purchasers and the vendors, charging exclusively lands sold to him with certain annual outgoings payable out of the whole, and giving a power of distress by way of indemnity. 17 Indemnity against a rent-charge, by a grant of a power of distress on other lands, and assignment of a bond of in- demnity. 18 A and B having respectively purchased two messuages subject to a life annuity, which was, by the stipulations of the contract, to be equally apportioned between them, the following covenant to pay, &c., and powers of dis- tress by way of indemnity, were introduced into their respective conveyances. 19 Deed containing mutual covenants and mutual powers of distress and entry by several purchasers for indemnify- ing each of them against the payment of more than his proportionate part of a yearly rent which is charged on all the lands. 20 Covenant to indemnify the purchaser of part of an estate charged with a rent against any distress or entry. 21 Deed of covenant and grants of powers of distress and entry, as an indemnity against the payment of the ground rent. 22 Indemnity against a rent-charge by a grant of power of distress. 23 Another, where estates sold by public auction are subject to two yearly rent-charges. 24 Deed for indemnifying a purchaser from fee farm rents and annual payments by grant. 25 Conveyance to a purchaser with indemnity under the trusts of a term for years against charges and incum- brances created prior to the term. 26 Indemnity to a purchaser against mortgage debts (sup- posed to be paid off, but of which there was no evidence,) by conveyance of another estate to trustees. 27 Indemnity to a purchaser against a life rent-charge, by a demise by the vendor of the reversion of certain lands. 28 Deed of indemnity to mortgagees against pin-money and portions charged on the mortgaged estate ; as to the pin-money by limiting a term in an estate of which the mortgagor is tenant for life ; and as to the portions, by limiting a term in an estate of which he is seised in fee simple, and by his covenant to surrender copyholds. 29 Deed of indemnity against legacies or portions by invest- ment of purchase-money in iDank annuities (with varia- tions. ) 30 Deed of indemnity to the owners of great tithes against the repairs of the chancel of a parish church. 31 Deed of indemnity against tithes by investment of part of purchase-money in the funds. 4 Jar. 181. „ 191. „ 194. „ 197. 2 Prid. 657. Sweet, 231. 2 Crabb, 787. „ 999. „ 1000. „ 1004. 5 Dav. 697. 4 Jar. 206. 5 Dav. 683. „ 687. 2 Wilde, 560. 5 Dav. 693. 2 Wilde, 596. Digitized by Microsoft® INDEMNITY. 183 32 33 34 85 36 37 38 39 40 41 42 43 44 45 Deeds op Indemnity — continued. Deed of covenant by the assignee of leasehold premises to indemnify the assignor against payment of rent and performance of covenants in the lease. Deed of apportionment of rent between two purchasers of premises held under one lease, with mutual powers of distress by way of indemnity. Deed of indemnity to a principal against a breach of trust by a clerk, agent, or other subordinate officer, by con- veyance of a freehold estate. Deed of indemnity to a surety for an annuitant, by decla- ration of trust of the premises chargeable with the annuity. Indemnity to a surety of a composition. Indemnity to a person permitting the use of his name in carrying on a business. Eelease and covenant of indemnity by legatees to execu- tors and trustees transferring a pecuniary legacy with- out deducting legacy duty, the liabihty to which was doubtful. (Variation where specific legatees covenant to answer latent debts, according to the relative value of the legacies.) Eelease and covenant of indemnity by the cestui que trust under a marriage settlement, on the trustees transfer- ring a mortgage security, part of the trust funds, to the releasor. Release and indemnity by the members of a friendly society to the administratrix of a deceased trustee, dis- tributing a fund on its dissolution. Eelease and indemnity to the executrix of the surviving trustee under a composition deed by the creditors and representatives of creditors named therein, on receiving their last dividend indorsed on the deed of composi- tion. Eelease and indemnity from pecuniary legatees to executors who pay the legacies after the withdrawal of a caveat which has been entered by some of the next of kin for impeaching the will. Eelease and indemnity by some of the persons beneficially interested under a vrill, to the trustees carrying on the testator's trade without authority. Indemnity to trustees upon transferring part of certain trust funds to the person entitled to a life interest in the whole, and also to the residue of the fund, after pay- ment of certain sums of money payable thereout upon his death. Covenant by the transferee to indemnify, and demise of real estates for a term of years by one of the trustees. Proviso that no lien shall be created in the estates comprised in the term in favour of the per- sons entitled to the trust monies. Bond of indemnity from the transferee mentioned in the last precedent to the trustee who demised his real estate 2 Wilde, 569. 4 Jar. 202. 2 Wilde, 559. „ 594. Wilk. 105. „ 106. 9 Jar. 843. 850. 859. 873. 2 Prid. 535. Sweet, 228. 5 Dav. 702. Digitized by Microsoft® 184 INDEMNITY. Deeds of Indemnity — continued. for a term of years for indemnifying his co-trustees from liability by reason of their having transferred part of the trust funds. 46 Indemnity by such of the residuary legatees under a will as are absolutely entitled, and qualified consent by such as are trustees, to the executors for remitting one debt and deferring to sue for another. 47 Deed of covenant of indemnity to trustees on their under- taking the remaining trusts of an ancient settlement, which contains no power of appointing new trustees, the old trustees having died, and having in their life- time committed various breaches of trust. 48 Declaration of trusts of bank annuities invested in the names of trustees to indemnify a purchaser from por- tions raiseable for children. 49 Declaration of the trusts of stock invested as an indemnity against a perpetual rent-charge. 50 Declaration of trust of a sum of stock invested in the names of trustees by way of indemnity against a sum of money charged on lands which have been sold to several purchasers. 51 Declaration of trust of purchase-money of next persenta- tion to vicarage, by way of indemnity to purchaser against possible defect of title, the same not having been fully investigated to save expense. 52 Declaration of trust of purchase-money invested in the funds to indemnify a purchaser against incumbrances (with variations.) Bonds of Indemnity. 53 Bond to a purchaser as an indemnity against a defect of title. 54 Bond of indemnity by a vendor to a purchaser on account of the loss of certain title-deeds. 55 Ditto. 56 Ditto. 57 Ditto. 58 Ditto. 59 Bond of indemnity against all damages which may be sustained on account of the non-production of a certain deed. 60 Bond to indemnify against paying rent where the title is in question. 61 Ditto. 62 Bond of indemnity on the sale of part of the premises held under a lease against the rent reserved in the lease, and for quiet enjoyment of other premises, in consequence of a defect in the title. 63 Bond of indemnity for quiet enjoyment of real property. 64 Ditto. 65 Bond of indemnity to a purchaser by a vendor against any 5 Dav. 707. „ 725. 2 Prid. 537. 2 Crabb, 1008. Prior, 141. 2 Prid. 544. „ 546. 2 Wilde, 552. 118. 2 Prid. 516. 1 Jones, 196. 1 Crabb, 525. 2 Hug. 559. 4 Jar. 217. 1 Crabb, 525. 529. 2 Hug. 575. 1 Crabb, 552. Hayes, 719. 2 Hug. 545. Digitized by Microsoft® INDEMNITY. 185 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Bonds of Indemnity — i claim by or through a person believed, but not posi- tively known, to have died without issue, who, or whose issue, if existing, might have a claim to one-fifth of the land sold. Bond by vendor to secure the repayment of purchase- monies, in case purchaser is evicted or disturbed by certain parties thereui named, but who are supposed not to be in existence. Bond irom vendor to purchaser conditioned for quiet enjoyment, and to return purchase-money in case of eviction. Bond to a purchaser conditioned to procure an assignment or surrender of an outstanding satisfied term, if re- quired by any future purchaser within twenty years, and in the meantime to indemnify the pmchaser from all claims, &c. Bond from a vendor or other grantor to indemnify a pur- chaser or grantee against a wife's dower. Condition of a bond of indemnity on a purchase, against the dower of a wife of a former vendor. Bond by a vendor to a purchaser to indemnify him against the dower of the vendor's mother and succession duty on her death. Bond to indemnify a purchaser or other person against ground rents chargeable upon premises. Joint and several bond of indemnity on the sale of an estate. Bond of indemnity against the rents and covenants in a lease. Bond of indemnity to a purchaser against two legacies, and an annuity charged on hereditaments, which the devisee has contracted to sell. Condition of bond of indemnity against portions. Joint and several bond by vendors to a purchaser against legacies charged on the purchased lands. Bond by purchaser to a vendor of an estate charged with a legacy of £300 payable to a minor on attaining 21, to secure the due payment of such legacy. Bond from a purchaser of part of estates subject to a mortgage, to indemnify against mortgage debt. Ditto. Bond by two obligors to two obligees, to indemnify against mortgage debt secured upon hereditaments, part whereof have been conveyed by indenture of even date. Bond of indemnity from a vendor to a purchaser against a mortgage debt which is supposed to have been paid off, but there is no proof of such payment. Ditto. Bond given by the purchaser of leasehold premises, to the vendor, (the lessee,) indemnifying him from the rent and covenants in the lease. Ditto. Bond of indemnity to a purchaser by a vendor seised in Dav. Con. 461. 2 Hug. 534. „ 532. 4 Jar. 212. 2 Wilde, 120. Bird, 13. 5 Dav. 675. 2 Wilde, 122. 1 Crabb, 534. „ 524. 533. „ 551. 5 Dav. 672. 2 Hug. 570. C. 186. 2 Prid. 514. Hous. 188. 2 Hug. 540. 1 Crabb, 529. 4 Jar. 210. 2 Hug. 542. Digitized by Microsoft® 186 INDEMNITY. Bonds of Indemnity — continued. fee in reversion expectant on the deaths of two successive tenants for life, with remainder to their children in tail, one of the tenants for life being supposed to be dead, and the other past child-bearing. 87 Bond by a tenant for life, who has granted a lease for fourteen years, that in case of his decease during the term, the reversioner shall, upon the lessee's request, either confirm the original lease, or grant him a new lease of the premises, to endure as long as the original term, and under the same rent and covenants. 88 Bond conditioned that a minor, who has contracted with others to sell the property, shall execute a valid convey- ance on attaining 21 ; or in case of his refusal, that the other vendors will repay a certain portion of the purchase-money. To Trustees or Executors. Bond to indemnify trustees or executors on permitting a person to retain money directed to be otherwise dis- posed of Bond of indemnity from two cestuis que trust to their trustee, who had exceeded his powers and duties as a trustee and executor. Ditto. Bond of indemnity to trustees under the obligor's marriage settlement, for having permitted him to convert trust monies to his own use. Bond of indemnity to the trustees of a settlement on paying over the trust funds to a cestui que trust abso- lutely entitled thereto, subject to a life interest in his wife, if she survive him. Bond of indemnity to trustees advancing part of trust monies to husband and wife, which had been limited by marriage settlement, upon trust for the benefit of the husband and wife, and issue of the marriage, with an absolute limitation in favour of the husband upon failure of such issue, no issue having been born, and there being no prospect of any. Bond by a legatee, on receiving his legacy, to indemnify executors in case of a deficiency of assets. Bond from legatee to an executor to refund in case of a deficiency of assets. Ditto. Joint and several bond given to an executor, by a remainderman entitled to personal estate under a will, and his trustees, to whom the executor has transferred trust monies bequeathed by such will, for the purpose of indemnifying the executor against any claims that may be made upon him for legacy duty, or any claims upon the testator's estate. 99 Bond of indemnity to executors by a debtor to whom one debt is remitted and time given for payment of another, j 89 90 91 92 93 94 95 96 97 98 5 Dav. 674. 2 Hug. 568. 566. 2 Wilde, 136. 0. 181. 2 Prid. 512. 1 Crabb, 535. 5 Dav. 723. 2 Hug. 563. „ 550. „ 561. 1 Crabb, 532. 2 Hug. 552. 5 Dav. 729. Digitized by Microsoft® INDEMNITY. 187 To Trustees or Executors- 100 Bond from an executor to indemnify a bond debtor who pays off a bond debt due to tbe testator, such bond having been lost or mislaid. 101 Indemnity by bond to chapel trustees on their discharging a security in the possession of the executor and re- siduary legatee of a testator, who had received the interest for some years but taken no assignment. 102 Bond of indemnity given by executor of obligee of former bond to the executor of the obligor, on pay- ment of money secured by a bond which had been lost or mislaid. Miscellaneous. 103 Bond to indemnify an accommodation acceptor or indorser of a promissory note or bill of exchange. 104 Ditto. 105 Bond to indemnify a person paying a debt to a next of kin before letters of administration obtained. 106 Bond to indemnify a person becoming bail on a writ of error. 107 Bond to indemnify a parish against the maintenance of a bastard child. 108 Bond under 9 & 10 Will. III. c. 17, in the case of a lost bill to obtaiu from drawer another bill. 109 Ditto. 110 Bond of iudemnity on paying a lost bill. 111 Ditto. 112 Ditto. 113 Ditto. 114 Bond for delivering up a lost bond or other special security, when foimd, and to indemnify in the meantime. 115 Ditto. 116 Bond to indemnify a person from a bill that is lost, upon his granting another. 117 Bond to indemnify the drawer of a note, on his paying the money to a person to whom the drawee gave the note ; but omitted to indorse it, and is since dead. 118 Defeasance on warrant of attorney for indemnifying an accommodation acceptor. 119 Undertaking not under seal, to provide for a bill, and indemnify. 120 Bond to indemnify an unwilling plaintiflF or defendant against costs of a suit. 121 Bond to indemnify a master on discharging his appren- tice against the covenants in the articles. 122 Bond from a surviving partner to indemnify the executor of a deceased partner from debts. 123 Bond of indemnity against old partnership accounts, &c. 124 Bond to indemnify a retiring trader permitting his name to be used by his successor. 125 Bond to indemnify sheriff on his selling goods under an execution. 2 Hug. 572. Prior, 236. 4 Jar. 215. 2 Wilde, 101. 4 Chit. 257. 2 Wilde, 102. „ 103. „ 105. „ 107. 4 Chit. S49. „ 349. 1 Jones, 189. 2 Wilde, 109. 1 Crabb, 530. 2 Wilde, 111. 4 Chit. 350. 1 Crabb, 531 4 Chit. 350. „ 258. „ 259. 2 Wilde, 113. 114. 116. 1 Crabb, 522. 2 Wilde, 124. 125. Digitized by Microsoft® INSPECTORSHIP DEEDS. Miscellaneous — continued. 126 Bond to indemnify a sheriff on paying over to a creditor money levied under an execution. 127 Indemnity bond from bailiff to sheriff. 128 Bond to indemnify a surety bound for the obligor for payment of a sum of money. 129 Ditto. 130 Indemnity bond by principal obligor to surety. 131 Bond to indemnify a surety against the penalties of a former bond. 132 Bond to indemnify a surety from the payment of an annuity. 133 Bond to indemnify a surety against bills of exchange accepted by him for the benefit of creditors of the obligor. 134 Bond to indemnify a surety on the obligor's admittance into one of the Inns of Court. 135 Counter bond by a principal to a surety. 136 Ditto. 137 Ditto. 138 Bond of indemnity on the mortgage being paid off on account of the loss of the mortgage deeds. 139 Assignment of an Army or Navy pension for the indemnity of a parish. INDOWMENT (see Endowment, ante). INFANT (CONFIRMATION OF DEED OF) {see CONFIEMATIONS, ante). INFEOFFMENT {see Feoffments, ante). INSOLVENCY {see Bankruptcy, ante). INSPECTORSHIP DEEDS {see also Bankeuptcy and Composition Deeds, ante; and Licences, post). 1 Inspectorship deed. 2 Ditto. 3 Ditto (executed by a debtor in trade). 4 Ditto (executed by a debtor). 5 Ditto (executed by debtors in trade in co-partnership). 6 Deed of inspectorship, the debtor also assigning a specific fund to the inspectors on trust for creditors. 7 Deed of inspectorship under the 187th and following sections of the Bankruptcy Act, 1861, for winding-up estate of a brewer. 8 Deed of inspectorship under the 192nd section of the 2 Wilde, 127. Hurl. 160. 2 Wilde, 129. 4 Chit. 256. „ 256. 1 Crabb, 528. 2 Wilde, 131. „ 133. „ 135. 3 Jar. 584. Bate. 370. E. P. M. 72. 1 Crabb, 527. 1 Wilde, 518. Hayes, 811. Forsy. 269. De Q. & S. 197. 213. 243. Grif. 145. 5 Dav. 951. Digitized by Microsoft® LEAD MINES (LEASES OF). 189 Bankruptcy Act, 1861, providing for the management and winding-up of the joint and separate estates of a partnership firm, and for the payment of their joint and separate debts. 9 Deed of inspectorship between a trader and his creditors, debtor allowed to trade, &c., for two years, and if debts not paid in that time, he covenants to assign all his estate and property to pay. 10 Deed of inspectorship ; letter of licence, with power to the inspectors to extend it ; and ordinary clauses providing for the conversion and application of the joint and separate estates of the debtors. Some family creditors consent to the postponement of their claims. 1 1 Letter of licence and deed of inspectorship. 12 Agreement between a debtor and his creditors where inspectors are appointed to superintend the insolvent's affairs. INSTITUTION {see Peesentation, post). INSURANCE {see Policies, :post). INVENTIONS {see Patents, post). IRON MINES (see Leases, ?7osO- JOINT STOCK COMPANIES {see Companies, anU). JOINTURE (see Appointment, ante ; and Settlements and Wills, post). LADING (BILLS OF) (see Bills of Lading, ante ; and Shipping, pos£). LANDLORD AND TENANT {see Leases and Notices, post). LAND TAX (ASSIGNMENT OF) (see Assignments, ante). LAPSE (DECLARATION AS TO) {see Wills, post). LEAD MINES (LEASES OF) (see Leases, i^osO- Digitized by Microsoft® 5 Dav. 973. 4 Chit. 405. 8 Byth. 523. 535. 1 Crabb, 569. 190 LEASES. LEASES. Agreements. 1 Agreement for a lease. 2 Ditto. 3 Ditto. 4 Ditto (landlord insures). 5 Ditto, special stipulations, in favour of landlord. 6 Ditto, the like in favour of tenant. 7 Agreement for a lease for a year, and so on from year to year (very concise form). 8 Ditto, (determinable on a six-months' notice by either land- lord or tenant). 9 Ditto, usual form, specifying the covenants and conditions to be inserted. 10 Agreement amounting to an underlease. In case of fire, lessor to rebuild, and rent to be suspended. 1 1 Agreement for the lease of a house, (general precedent). 12 Ditto. 13 Ditto. 14 Ditto. 15 Ditto (with variations). 16 Ditto, (under conditions of sale). 17 Agreement for lease of a mansion, &c. (with variations). 18 Ditto (with other variations). 19 Agreement for lease of mansion, with pleasure grounds and meadow land, with use of fixtures. 20 Agreement for lease of a mansion, with pleasure grounds and meadow land, and use of fixtures ; tenant to pay rates and taxes, and insure &c., and landlord to allow for added fixtures, and for additional buildings. 21 Agreement for granting lease of a house for a term of years. 22 Agreement for lease of a messuage and land. 23 Agreement for a lease of a house for a term exceeding three years. 24 Agreement for the lease of a dwelling-house for three years. 25 Ditto. 26 Agreement for a lease of a mansion and grounds for twenty-one years. Tenant insures. 27 Agreement for underlease of a piece of garden ground. 28 Agreement for lease or underlease of a private house, with or without the furniture ; or of a public house. 29 Ditto. SO Agreement for lease to builder of the site for one house. 31 Ditto, for several houses. 32 Agreement for separate leases to two builders, or their nominees, of several parcels of ground upon the landlord's estate, granting right of entry to the tenants to execute _ the stipulated works. Tenants to complete the houses within certain specified times, but the landlord to have the option of deferring the grant of the several leases until a particular day. Leases to contain specified covenants and provisions. Proviso for determining the Dav. Oon. 45. „ 46. 1 Jones, 14. Andr. 15. B. P. M. 13. „ 13. 2 Piatt, 644. 1 Hug. 429. Woodf. 1011. „ 1012. 1 Crabb, 99. Green. 136. Ship. 216. Arch. 73. E. P. M. 11. Ship. 224. E. P. M. 17. „ 17. Bate, 342. E. P. M. 14. Bate. 190. Coote,L.&T.676. Prior, 129. 1 Prid. 106. Prior, 130. Andr. 18. Green. 137. 1 Jar. 422. Sweet, 22. Hayes, 643. „ 649. Digitized by Microsoft® LEASES. 191 AGn'EEM.'E'STS— continued. agreement as to any particular parcel of ground, if tenants fail to perform it. 33 Agreement for leases of parts of an estate within the limits of the Metropolitan Building Acts, for the purpose of laying out streets and building houses thereon. Re- servation of fixed rents previous to the execution of the leases, and provisions for the apportionment of the rent when the leases are granted. Power of re-entry on non- payment of rent or breach of the agreement. 34 Agreement by deed for an underlease to a builder, grant- ing right of entry to the tenant to complete certain buildings, the lease to be granted on the completion thereof. Provision for apportioning the rent if more than one lease is granted. Leases to contain covenants and agreements contained in printed form signed by the tenant. Proviso for determining the agreement if the houses are not completed within specified time. 35 Agreement for a lease of a nursery garden for a term of twenty-one years, determinable at the option of the lessee at seven or fourteen years. 36 Agreement for a lease, in case the lessee's solicitor prepares same. 37 Agreement for the lease of a dwelling house, situate in a borough town, to contain the usual and some special covenants. 38 Agreement for a lease of an unfarnished house for twenty- one years, determinable by the tenant at the end of the first seven or fourteen years. Lease to contain specified covenants and provisions. 39 Agreement for a lease of a furnished house at separate rents for the house and furniture. Lease to contain specified covenants and provisions. 40 Agreement for a lease of a public-house, the tenant agree- ing to make certain improvements, and the landlord to grant the lease when they are completed, with usual covenants. Covenant by the landlord to insure. Power for the landlord to determine the agreement if im- provements not completed within stipulated time. 41 Agreement for lease of a brewery and malt-house, &c. 42 Agreement for lease between brewer and publican. 43 Agreement for a lease of a single parcel of ground by a tenant for life under a power, granting right of entry to the tenant to execute the stipulated works. Tenant to complete a house within a certain time. Lease to contain specified covenants. Proviso for determining the agree- ment if the tenant fail to perform it. 44 Agreement for underlease of a shop and rooms unfurnished but with the fixtures therein — upon a tenancy from year to year — The lessor to pay all rates and taxes, with a proviso that the lessor shall not sue or distrain for the rent, until after he has paid his own rent and produced the receipt. 45 Agreement for underlease of a mill, &c. for three years 5 Dav. 43. „ 55. „ 63. Hayes, 672. H. L. F. 73. 1 Hug. 435. 5 Dav. 24. „ 27. „ 32. Moore, 14. R. P. M. 19. 5 Dav. 36. Woodf. 1015. Digitized by Microsoft® 192 LEASES. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Agreements — continued. from Lady-day next ; with an intermediate tenancy till that day. Agreement for lease of mills, with a proTision enabling intended lessee to purchase at a definite sum. Agreement for an underlease for twenty-one years, deter- minable, &c. Covenants as in ground lease; lessee to have the option of purchasiag within two years on cer- tain terms. Agreement by an incumbent for a lease of glebe lands. Agreement by an incumbent to grant a lease of the glebe lands for a term of seven years ; lessee to keep the chancel, and all buildings on demised premises in proper repair, and not to assign or underlet without licence. Agreement for the grant of a lease by the Mayor and Commonalty and Citizens of the City of London and the Wardens and Commonalty of the Mystery of Mercers of the City of London, to the Corporation of the Assurance Company, of certain parts of the (then intended) New Royal Exchange ; with provisions adapted to that peculiar property. Agreement for the lease of copyhold lands. Ditto. Ditto, where the licence of the Lord of the manor is required. Memorandum of the terms of a parol demise. Assignment of an agreement for a lease to be granted on the completion of certain works. Leases generally. Lease of a house. Ditto, with usual clauses. Ditto, in a town. Ditto. Ditto, in London. Ditto (general precedent). Ditto (short form). Ditto. Ditto. Ditto. Ditto, (and fixtures (concise form).) Ditto. Ditto. Ditto. Ditto, and shop. Ditto (ordinary form) tenant insures. Lease of a town house from a freeholder (short form). Lease of a private house from year to year, or for a short term. Lease of a mansion house and furniture at separate rents for the house and furniture. Power of distress to recover furniture rent. Usual covenants. Covenants "Woodf. 1016. 1 Prid. 99. Woodf. 1017. 1 Jar. 451. 1 Hug. 35. 2 Piatt, 667. 1 Hug. 454. Coote,L.&T.681. 2 Piatt, 645. Sweet, 59. Hayes, 328. Green. 282. 5 Dav. 99. Dav. Con. 246. Prior, 121. Coote, L. & T. 684. 2 Crabb, 1040. Ship. 456. Wilk. 107. Arch. 54. Faw. 325. Wilk. 110. Lewis, 327. Prior, 120. Ship. 438. Prior, 254. Andr. 32. H. L. P. 55. Hayes, 657. Digitized by Microsoft® LEASES. 193 75 76 77 78 79 80 81 82 83 84 85 Leases generally — continued. to use the mansion house as a private dwelling-house only, and not to assign, underlet, or part with the possession of the premises without the lessor's licence. Lease or underlease of a town messuage, coach-house and stables, for twenty-one years, determinable by tenant at end of seven or fourteen years. Rent to be suspended in case of fire. Several special covenants. Lease of a house and workshops in London, with an inven- tory of the fixtures, usual covenants, and a special agree- ment in case of destruction by fire. Lease of messuage and warehouse for fourteen years, de- terminable by notice, as to the messuage, at the end of any year of the term, and as to the warehouse, at the end of seven years, with special reddendum, and cove- nants to pay rent, adapted to the case of such partial determination. Lessee to repair the inside, and lessor the outside of the demised premises. Lease of a house and warehouse for twenty-one years, determinable, as to the house, at the end of any year ; and as to the warehouse, at seven or fourteen years, with apportionment of rent accordingly. Tenant to pay rates and taxes, repair and insure. Lease of a dwelling-house for twenty-one years, deter- minable on notice at the end of seven or fourteen years ; covenants by lessee not to assign or underlet, or use the house except as a dwelling-house ; covenants by lessee to insure, &c., &c. Ditto. Lease of a dwelling-house for a similar term and with similar covenants to last precedent, except that lessee does not covenant to insure — and a provision is inserted suspending the payment of rent, in case of destruction by fire, until the premises are reinstated. Lease of a house and furniture for a term determinable. Demise (in the form of an agreement) of a house from year to year, and agreement that the tenant shall hold the furniture mentioned in a schedule, while he occupies the house. Lease of a mansion house, furniture, gardens, and pleasure grounds, containing, in addition to ordinary clauses, reddendum on breach of certain covenants, special cove- nants for the preservation of the furniture — manage- ment of the garden, fruit trees, pleasure grounds, &c., a third person joining in the covenants, as surety for the lessee. Covenant by lessor to pay taxes, or allow the lessee to deduct them out of the rent. Lease of a mansion house, furniture, and park and deer, by a minor and his guardian, with special provisions as to the preservation and management of the deer. Agreement, that if, by the diminution or increase of the stock, the deer shall be of less or greater value, at the end of the term, the difference in value shall be paid by lessee or lessor, as the case may be. 5 Dav. 103. Woodf. 1024. 4 Jar. 519. 534. 1 Eouse, 415. C. 26. 2 Prid. 36. „ 40. Dav. Con. 253. 4 Jar. 551. 553. 806. o Digitized by Microsoft® 194 LEASES. Leases gbneeally — continued. 86 Lease of a messuage, &c. ; the tenant to pay all rates and taxes (except as otherwise agreed), and to repair, paint, insure, &c. (The most common and usual form.) 87 Lease of a house, buildings and garden, and use of fixtures, with or without payment of a premium. Tenant to pay land-tax, sewers' rate, &c., and to repair and insure, with covenant by lessor for renewal at increased rent, &c. a. Variations where furniture included. 88 The same ; tenant to pay taxes and repair ; but landlord to repay half expense of external repairs, and of insur- ance. 89 The same ; tenant to pay taxes, but each party to bear half expense of repairs and insurance, with power to either party to determine lease at seven or fourteen years. 90 The same ; tenant to pay taxes and expenses of internal repairs, and landlord of external repairs. No trade to be carried on. Each party to pay half expense of insurance. 91 The same; landlord to pay land-tax and sewers' rate, and tithe rent-charge, and repair. 92 Lease of part of a house for seven years ; landlord to pay rates and taxes and repair ; and tenant to have power to determine lease at end of three years. No trade to be carried on, nor assignment without consent. Eent to be suspended if premises burnt down, until rebuilt ; but tenant to do no act to alFect insurance. 93 Lease of a mansion, with pleasure grounds and meadow land. Tenant to pay rates, taxes, and tithe rent-charge, and repair and insure; to properly manage gardens, grounds and land, and leave hay and manure at valua- tion, also qualified covenant by, not to assign without licence. Landlord to allow tenant for his fixtures by valuation, and also for specified additions, at valuation of what same worth to remove ; also to take hay and manure by valuation ; with arbitration clause. 9i Lease of a mansion, &c., for twenty-one years, deter- minable at end of seven years by tenant, on giving notice and paying half-year's additional rent. Tenant to pay rent, taxes, tithe rent-charge, and half expense of repairs and insurance ; to properly manage gardens, grounds and land, and leave last year's hay and manure at valuation; with qualified covenant not to assign without consent. Landlord to- pay half expense of repairs and insurance, and to take tenant's fixtures; certain specified additions, and hay and manure by valuation, with arbitration clause. 95 Lease of a mansion, &c., for twenty-one years, subject to determination by either party at end of first seven or fourteen years. Tenant to pay rates, taxes and tithe rent-charge, to manage gardens, grounds, and land properly; and leave hay and manure at valuation; with qualified covenant not to assign without consent. Woodf. 1020. 1 Eouse, 391 „ 393. jj 393 » 395 " / 396 J) 397 398. 400. 402. Digitized by Microsoft® LEASES. 195 Leases generally — continued. Landlord to repair and insure, and rent to abate whilst buildings uninhabitable from fire. To take tenant's fixtures and specified additions, and also hay and manure by valuation, and not to sell without offering premises to tenant, with arbitration clause. 96 Lease of a house out of repair; tenant to put same into thorough repair in first year, and expend £ thereon . To keep in repair and insure, and not to assign without notice, or in last five years without consent. Rent to increase after first two years. 97 Lease of a mansion and grounds, &c. Covenants by lessee to keep up garden and grounds, &c. Proviso enabling lessee to determine the lease at the end of seven or fourteen years on notice. 98 Lease for a term of years, with usual covenants, the rent being payable quarterly, with a proportionable part of such rent in case the lease determines before any quarterly day of payment ; and with a proviso for sus- pension of the rent in case of accidental fire. 99 Lease of a messuage and premises for a term of fourteen years, determinable at the option of the landlord or tenant at the expiration of the first five or seven years of the term ; with special covenants from the tenant not to assign or underlet without licence, nor to carry on certain trades upon the premises. Also covenant on the part of the landlord to keep the exterior of the premises in repair; to rebuild, in case they are destroyed by fire or tempest. Variation, where the premises are only to be occupied as a private dwelling- house. 100 Lease for an absolute term of ninety-nine years. Varia- tion, where the lease is determinable upon lives ; also where the lease contains a proviso for renewal upon the dropping of any of the lives. 101 Short form of a lease of a furnished mansion, with coach-houses, stables, gardens, shrubbery, lawn, and pleasure grounds, from year to year, at a yearly rent, payable monthly, with the option of determining the term by six calendar months' notice. Variation where a surety concurs for the purpose of joining in the covenants. 102 Lease of a dwelling-house and furniture for a term of seven years; the lessee to repair the interior of the house and preserve the household furniture ; the lessor to repair the exterior, and to pay all rates and taxes. 103 Lease of part of a house, being a dining-room, parlour, kitchen, bed-chambers, garrets, cellar, and coal-place, for twenty-one years. Covenant by lessee not to permit offensive trades to be carried on, or bring combustible materials upon the premises, so as to invalidate fire insurance. By the lessor to pay all water rates, &c., and to indemnify the lessee Digitized by Microsoft® 1 Eouse, 404. 416. Andr. 47. 1 Hug. 468. 487. 497. 474. 480. 2 196 LEASES. Leases generally — continued. therefrom, and from serving parish offices. Proviso for determining lease at the end of seven or fourteen years, on giving six months' notice. 104 Lease of a famished mansion, &c., for fourteen years, subject to determination by tenant at end of any year, on giving six months' notice, and paying (six) months' additional rent. A surety joining to secure payment of rent and performance of covenants. Tenant to pay rates, taxes, and tithe rent-charge ; take due care of premises, and properly manage gardens, grounds, and land, and leave hay and manure at valuation ; land- lord to repair, paint and insure, and rent to abate in case of fire ; to take hay and manure, and also tenant's fixtures, and specified additions, by valuation, vrith arbitration clause. Lease (or demise) of a furnished dwelling-house, gardens, pleasure grounds and lands. Lease of a cottage from year to year. Concise form of lease of cottage. Ditto. Concise lease of a cottage, &c., pursuant to 8 & 9 Vict. c. 124, upon a strict tenancy at will, or from week to week, or from month to month. r05 106 107 108 109 no By Tenants in Common. Lease by two tenants in common to their co-tenant, of an undivided share of a mansion house and estates for the joint lives of all parties. General covenants for the management of the lands, woods, gardens and pleasure grounds, and other usual covenants. Cove- nant by the lessee to insure the mansion house, and lay out the insurance monies in rebuilding. Agree- ment that lessee may, during the term, receive the interest of certain monies applicable to the purchase of lands to be settled to the uses of those demised, and that such lands, when purchased, shall be deemed to be included in the present lease, and be held accordingly. 111 Lease by two tenants in common of a dwelling-house and manufactory, and of machinery as scheduled. Covenant not to carry on offensive trades. Lessees to have the option of purchasing the inheritance at a fixed price and on certain terms. 112 Lease by tenants in common of wharf, machinery, and other premises, for a term of sixty years. Covenants by lessee for payment of rent and taxes ; for repairs ; for insurance, &c. Proviso for re-entry. Covenant by lessor for lessee's quiet enjoyment during term. Proviso for determining the term at the end of fourteen, twenty-eight, or forty-two years, by lessee, on his giving six months' notice. 4 Jar. 531. 1 Rouse, 406. 2 Hay. Intr. 18. 5 Dav. 96. E. P. M. 147. Dav. Con. 244. Woodf 1020. 5 Dav. 244. 441. 2 Prid. 43. Digitized by Microsoft® LEASES. 197 By Tenants in Common — continued. 113 Lease by three tenants in common of mansion, &c. Tenant to pay rates, taxes, and tithe rent-charge, repair and insure ; to properly manage gardens, grounds, and land, and to Be allowed at end of term for his fixtures ; power to tenant to determine lease at end of first seven years, with qualified coTenant not to assign without consent, and arbitration clause. 11-1 Lease of a house in London by three tenants in common in fee of part, and by tenant for life and reversioners in fee of other part ; with an exception in the reddendum and covenant to pay the rent, for its suspension in case of accidental fire. 115 Lease from tenants in common, one of whom was a feme covert and her husband. From Trustees or imder Powers. 116 Lease by trustees and equitable tenants for life under the Settled Estates Act. 117 Lease of a house by trustees having the legal estate under a power. 118 Lease from devisees in trust in pursuance of their trust, for twenty-one years, with covenants (amongst others, some usual and some rather special) to contribute proportion ably towards cleansing drains and water- courses, used in common with the adjoining tenants: — in the first year of the term, to put the premises in good repair, and expend thereon, or in substantial im- provements thereto, (exclusive of internal painting and papering,) £500 at the least; that lessors may, during the last six months of the term, place notice on the door, window, &c., signifying that the premises are to be let ; and during such six months, enter on the premises to show same ; to insure against fire immedi- ately ; and within twenty-eight days to show policy ; to keep the premises so insured, and show the policies; and make due payments of the premiums, duty, and charges of insurance ; in default thereof lessors to make such payments, and recover the same by distress; money paid by insurance office to be expended in rein- stating the premises ; or if iusufiicient, or if the lessee shall not continue the insurance, then the lessee to re- instate the premises. 119 Lease by three trustees or joint tenants of house, garden, &c. ; tenant to pay rates and taxes, repair and insure ; and not to use premises for purposes of trade; with qualified covenant not to assign without consent, but to have power of determining lease at end of seven years. 120 Lease of an unfinished house in London by trustees under a power, with the consent of the guardian of an infant. 121 Concurrent and extended lease under a power in Act of Parliament to a sub-lessee of a mansion house put in 1 Rouse, 426. 1 Jones, 34:7. Bird, 190. Dav. Con. 287. Prior, 126. 4 Jar. 539. 1 Rouse, 424. 1 Jones, 359. Digitized by Microsoft® 198 LEASES. From Trustees or under Powers — continued. repair by him, and of part of the adjoining land, being part of the premises in the original lease. Power for the lessors to determine the lease on non-payment after notice of the rent reserved by the original lease. 122 Lease under a power in a settlement. 123 Lease of a house by donees of a power, where there is no tenant for life. By Tenant for Life. 124 Lease by a tenant for life, &c., pursuant to 19 & 20 Vict. c. 120, s. 32. 125 Lease from tenant for life or in tail under 3 & 4 Will. IV. c. 74. 126 Lease from tenant for life or in tail under Settled Estates Acts. 127 Lease of a house and grounds by tenant for life under a power. 128 Ditto. 129 Lease by a tenant for life in pursuance of a power con- tained in a marriage settlement. 130 Lease granted by a tenant for life and the reversioner. 131 Demise by a tenant for life to a purchaser for one hundred years, if the vendor so long lived. Special covenants respecting the power of granting leases, felling timber, &c. (variation where the conveyance is of the whole estate for life.) 132 Demise by tenant for life to a purchaser for a, term of years, if tenant for life shall so long live, in order to preserve powers of leasing. 133 Lease from tenant for life receiving a premium. By Husband and Wife. 134 Lease by a husband of the wife's hereditaments of in- heritance. Usual covenants and proviso for re-entry. 135 Ditto. 136 Lease by husband and wife seised in her right imder the stat. 32 Hen. VIII. c. 28. (Variations where the lease is by tenant in tail, by virtue of this statute.) 137 Ditto. 138 Ditto. 139 Lease from husband and wife, of her estate. 140 Lease from two persons seised in right of their wives, in which the wives join, with the rent reserved to their respective heirs after their decease. By Mortgagee and Mortgagor. 141 Lease by a mortgagee and mortgagor. 142 Ditto. 143 Ditto. 144 Ditto, of a house, &c. (ordinary form). 5 Dav. 254. 1 Eouse, 428. Prior, 128. Woodf 1031. 1 Rouse, 434. „ 433. 2 Orabb, 1072. Prior, 127. 1 Hug. 522. » 524. 9 Jar. 556. 2 Wilde, 434. 1 Rouse, 436. 5 Dav. 108. Dav. Con. 267. 4 Jar. 800. 1 Hug. 518. Ship. 455. 1 Rouse, 432. 1 Jones, 357. Woodf 1032. 2 Prid. 41. 1 Rouse, 430 Andr. 126. Digitized by Microsoft® LEASES. 199 By Mortgagee and Mortgagor — continued. 145 Lease for twenty-one years, by mortgagor and mort- gagee, containing common covenants. 146 Lease by trustees for a wife's separate use, in which a mortgagee and the husband and wife join ; for fifty years, if the wife should so long liye. Eeddendum to the mortgagee, subject to the equity of redemption, and subject to a proyiso, that the rent shall be paid to the trustees, until notice by the mortgagee to the lessee; that the trustees' receipt, until such notice, shall be good discharges. Power of distress to trustees ; cotc- nant by the lessee to pay the rent to the trustees, till notice, and afterwards to the mortgagee. For Lives. 147 Lease for lives on the dropping of a life pursuant to a covenant for perpetual renewal contaiaed in a lease for lives which is surrendered. 148 Lease for lives, with covenant for renewal at the dropping of the first life, on payment of a fine ; reddendum of proportion of rent for the possible fractional period of a quarter. (Form of covenant for renewal in a lease for years, in note.) 149 Lease for three lives, and for a term of ninety-nine years, with usual covenants. 150 Lease for ninety-nine years determinable on the death of three cestuis que vie, granted on the surrender of a former lease. Covenants by lessor for perpetual renewal. Underleases. 151 Underlease of a dwelling house. 152 Ditto. 153 Ditto, in London with fixtures. 154 Lease of part of the property held under a lease (by as- signment). 155 Underlease at an advanced rent, subject to the covenants and conditions in original lease. 156 Ditto. 157 Underlease of a house in a square in London (with coach- house and stable), where the insurance is effected by the lessor. Usual covenants by lessee to pay rent, repair, paint, paper, &c., to contribute to expenses of paving, &c. Not to carry on any trade. Condition against assigning, or underletting (except as to coach- house and stables). Proviso for suspension of rent, in case the premises are rendered uninhabitable by fire, and remain so beyond a certain period. Power for lessor or lessee to determine lease at the end of the first seven or fourteen years ; and other usual clauses. 158 Ditto. 159 Underlease, by a person holding under a renewable lease, comprising other property, to two lessees, for ten years 1 Hug. 510. 4 Jar. 639. 2 Prid. 103. 4 Jar. 563. 1 Hug. 501. 5 Dav. 190. Andr. 147. Prior, 63. Ship. 442. 1 Eouse, 202. Woodf. 1027. Dav. Cod. 250. 4 Jar. 569. Sweet, 34. Digitized by Microsoft® 200 LEASES. 160 161 162 163 164 Underleases — con tinued. and three quarters, wanting two days. Special reser- vation of rent for the tliree quarters, wanting two days. (Variation where a nominal rent only is reserved.) Joint and several covenants by lessees, to pull down old buildings, and expend a certain sum in new buildings and improvements, conformably to a plan — to keep the demised premises, with the im- provements, in repair — to pay a certain sum to the lessor, on assigning or underletting, &c. Covenant by lessor to pay the rent and perform the covenants of the original lease, and indemnify the lessees there- from ; lessee to be entitled to deduct out of his rent any 'payments he may be called upon to make. Powers of distress on the lessor's other property, by way of further indemnity. Covenant by lessor to procure a renewal of original lease, and to grant an underlease to the present lessee, on such renewal ; but underlessee to be at liberty to obtain a lease imme- diately from the superior landlord. Covenant by lessor to produce original lease. Lease of part of a house for seven, fourteen, or twenty-one years. Covenant by the lessor not to carry on certain trades, or do any act to invalidate fire insurance. By lessor, to pay all taxes and rates, and to indemnify lessee from serving parish ofBces. Underlease of a dwelling-house at an advanced rent for the original term less three days, the ground landlord joining for the purpose of giving bis licence. Cove- nants by the lessee not to do any acts to invalidate policies of insurance to be effected by the lessor. Covenants by the lessor to insure. Proviso suspending the payment of rent in case of the premises being rendered unfit for habitation through fire. Power for the lessee to determine the underlease at a specified time. Underlease of a part of the property comprised in the original lease. Covenants by the lessor in the event of his purchasing the reversion in fee simple or obtaining a renewed lease to sell such reversion or to grant a renewed lease to the sub-lessee. Underlease of a messuage and premises for the residue of a term of 99 years, to commence from a day past, subject to the rents and covenants contained in the original lease, with covenant from vendor that he has duly paid the rents and performed the covenants reserved and contained in the ori- ginal lease. Also covenant from purchaser to in- demnify vendor from the rents and covenants con- tained in the lease. Underlease, by a mortgagee and mortgagor, of a house and premises in the City of London, held under the Dean and Chapter of St. Paul's Cathedral; with a provision for payment of the rent to the mortgagor. 4 Jar. 575. Sweet, 38. 5 Dav. 173. 2 Prid. 653. 1 Hug. 504. Digitized by Microsoft® LEASES. 201 165 166 167 168 169 170 171 172 173 174 Underleases — continued. with power of distress, till notice by the mortgagee ; indemnity against claims of original landlord. The lessee covenants to pay renewal fine and expenses; the lessor covenanting to assign or underlet to the lessee the renewed term for securing the advance and interest. Underlease by three joint tenants, of a house in the Eegent's Park, with the use of foot and carriage way, and ornamental garden, in common with neighbour- hood. Besides ordinary covenants to pay rent, &c., covenant by underlessee to contribute proportion towards expenses of maintaining roads and ornamental garden, and watching and police ; to insure, to paint in a mode prescribed, at specified periods, with power to underlessors to do work on default, and recover expenses as rent. Power of entry to underlessors to take schedule of fixtures, to see condition of premises, and to repair adjoining premises. Powers to park gate-keepers to exclude carts, &c., and other provisions adopted to general benefit of the neighbourhood. Power to underlessee to determine lease at end of first five, seven, or fourteen years of term. Underlease of manufactories, with special provisions for insurance against fire, in case the buildings or trade shall be deemed hazardous. The original lessors to insure for the common risk ; but the payments for extraordinary risk to be made by the lessee and reserved as rent. The lessee to rebuild after damage by fire, and to be repaid out of the insurance monies recovered. Covenants not to carry on offensive trades, and not to assign or underlet without licence. All instruments to be prepared by the clerk of the original lessors. Of Public-houses. Lease of a public-house. Ditto (by a freeholder). Ditto. Ditto. Ditto, with a covenant to renew. Lease of a public-house, fixtures, and music hall by a leaseholder (the rent increasing and being payable in advance, and the tenancy determinable at the end of any year). Lease of inn or public-house, with small quantity of land attached ; by brewers and spirit merchants. Lease of a public-house for seven years, with usual covenants ; also covenant from lessee not to allow any business but that of a hcensed victualler to be carried on upon the premises ; with a proviso for avoiding the term, for non-payment of rent, or breach of covenant, or in case of the lessee's bankruptcy or insolvency. 2 Piatt, 685. 2 Piatt, 694. 5 Dav. 447. Prior, 254. Wilk. 111. Green. 272. Andr. 60. Dav. Con. 271. Wilk. 116. 1 Rouse, 413. Digitized by Microsoft® 202 LEASES. 176 177 178 Of Public-houses—: Variation, where the lessor is to supply wine and spirits, beer, or other liquor. 175 Lease of a public-house to two persons, by the owner of the inheritance, and the trustees of a term (subject to cesser), with the consent of a person to whom the lease was originally contracted to be granted. Special reddendum to termors until the cesser of the term, and then to the owner of the inheritance. Eent to be paid to owner until notice. Usual covenants by lessees to pay rent, make repairs, not to carry on offensive trades, &c., also to conduct the house in an orderly manner, and annually renew the licence. Covenant by owner for quiet enjoyment, and to pay taxes (exclusive or inclusive of improved value), and allow lessee to deduct them out of the rent. Lease of an inn, in which the mortgagor joins. Lease of an inn and premises in mortgage (in which the mortgagee and mortgagor concur, with a power for lessee to determine the same at the end of the first seven years). Lease of a public-house of copyhold tenm-e, for one year, and thenceforth from year to year, for six years and a half, if the custom or lord of the manor will permit the premises to be so demised, with a power of re- entry {inter alia), on lessee's assigning or underletting without consent, or becoming bankrupt or insolvent, or execution being levied on his goods, &c. Cove- nant by cesiuis que trust and lessor for quiet enjoyment. 179 Lease of a public-house by the trustee of a will and trustees of a settlement and tenants for life. Special provisions for payment of rent to settlement trustees, and power of distress, and special covenants by lessors for quiet enjoyment. Covenants by lessee to use premises only as a public-house, and not to forfeit licence. 180 Lease by a firm of brewers of a public-house at a certain rent (reducible in case of the lessees' dealing with the lessors' firm for porter, &c.) and at a further rent of all sums expended by the lessors in insuring the premises. Covenants by the lessee to use the premises as a licensed victualling house only, not to do any- thing to forfeit the licence, but to apply for a renewal at proper times, and to assign the licence to the lessors' nominee at the end of the term. Covenant by the lessors to insure and to renew. 181 Lease of a coffee-house in London, under a power, the lessee covenanting to pay rent, rates, and taxes, to repair, to paint the inside every seven, and the out- side of the premises every four years, not to assign without licence, not to carry on certain trades, and to insure. Proviso for lessor's re-entry on non-pay- ment of rent, and covenant for lessee's quiet posses- sion. 1 Hug. 493. 4 Jar. 783. 2 Crabb, 1066. Ship. 447. 4 Jar. 544. 5 Dav. 112. „ 120. 2 Piatt, 675. Digitized by Microsoft® LEASES. 203 AGRICULTURAL TENANCIES. Agreements. 182 Agreement for lease of a farm. 383 Ditto (general precedent). 184 Ditto (very full and special form). 185 Ditto. 186 Ditto. 187 Ditto (short). 188 Ditto. 189 Agreement for a lease of a farm for a term of fourteen years from Lady-day. 190 Agreement by the owner of the fee simple, or a tenant in tail, or a tenant for life, or in tail under a power, or a husband and wife seised in right of the wife, or by the steward or bailiff of the lessor, for a lease of a farm for twenty-one years determinable at the end of the first seven or fourteen years. 191 Form of agreement for a lease from year to year. 192 Ditto, shorter form within 15 folios. 193 Form of proposals to take. 194 Form of lease from year to year (with provisions for way- going crop). 195 General collection of stipulations for agreements. 196 Conditions of letting, with outgoing allowance for drain- age, fencing and manures. Michaelmas tenancy, in use upon the Earl de Grey's estates in Bedfordshire. 197 Lease adapted to customs in Suffolk with outgoing allowances. Old Michaelmas tenancy, settled by Mr. Kersey and in use upon Mr. Tollemache's Suffolk estates. 198 Agreement in use in "Worcestershire. 199 Agreement adapted to the customs of Nottinghamshire, settled by Mr. T. Smith Wooley. 200 Ditto, for clay and heavy lands. 201 Ditto, as settled by Mr. Parkinson, and in use in the St. Alban's estates. 202 Agreement for a lease adapted to customs of Northumber- land. 203 Agreement adapted to Lancashire customs. 204 Agreement adapted to Derbyshire. Lady-day tenancy, and in use upon some of the Duke of Devonshire's estates. 205 Agreement adapted to Lincolnshire. 206 Agreement with stipulations for tenant-right, in use upon the Earl of Yarborough's Lincolnshire estates. 207 Shorter form, in use upon the Earl of Yarborough's Hampshire estates. 208 Terms for letting a farm in the County of Somerset (not special). 209 Agreement for lease of farm in Sussex (special). 210 Agreement in use in Cheshire, with stringent provisions in favour of the landlord. Moore, 3. 1 Crabb, 101. R. P. M. 20. Arch. 76. Coote,L. &T.677. 680. Bate. 341. 5 Dav. 74. 1 Jar. 427. Cooke, 248. „ 253. „ 255. „ 256. „ 266. 310. J) J) 324. J5 326. 329. ?J 334. 341. 346. J) 350. 352. )j 357. ?> 368. 2 Piatt, 646 „ 649 Cooke ,373. Digitized by Microsoft® 204 LEASES. Agricultukai Tenancies — Agreements — continued. 211 Agreement in use in Cheshire, with stipulations for tenant-rights, settled by Mr. Woollett Wilmott. 212 Conditions of letting in use upon Sir R. B. W. Bulkeley's estates. 213 Conditions for letting adapted to a Highland district, and with stringent provisions in favour of the land- lord, taken from an agreement in use in the County of Perth. 214 Agreement for letting a labourer's cottage. Agricultural Leases. 215 Farming lease. 216 Ditto. 217 Ditto. 218 Ditto. 219 Ditto (with a powerV 220 Ditto (with a covenant for renewal). 221 Ditto. 222 Ditto. 223 Ditto. 224 Ditto. 225 Ditto (a neat, concise'form). 226 Ditto. 227 Ditto, with usual covenants. 228 Ditto, with special covenants and provisions. 229 Lease of a farm for twenty-one years. Covenants as to farming, &c. 230 Lease from year to year of agricultural land. 281 Lease of a farm from year to year. 232 Ditto (a Lady-day taking). 233 Ditto (a Michaelmas taking). 234 Lease of a grass farm on a yearly tenancy. 235 Lease for years from one to one, of a farm-house and lands in the country, with an exception^ of trees, and with special covenants. 236 Lease of a farm for twenty-one years. 237 Lease of a farm from year to year, containing directions as to the mode of husbandry. 238 Ditto. 239 Lease of a farm, adapted to the six years' course of husbandry. (Variations suited to the four years' course.) 240 Short form of a lease of a farm. Variation, where the rent is made to vary according to the average price of corn for a given number of years. Also, where corn is rendered in kind in lieu of a money rent. 241 Short form of lease of a farm. Variation, where the rent is made to fluctuate according to the average price of com for a given number of years. Also, where corn is rendered in kind in lieu of a money rent. Also, where the lessee is not to remove fixtures. 242 Lease for twenty-one years, and so from year to year Cooke, 381. „ 384. 386. 399. Coote,L.&T.690. Arch. 59. Dav. Con. 257. Ship. 450. Dav. Con. 260. Prior, 124. Dixon, 439. „ 442. „ 447. Paw. 328. Woodf 1029. 2 Crabb, 1045. Hayes, 662. 1 Eouse, 408. Andr. 69. Green. 138. 5 Dav. 193. 2 Prid. 58. „ 62. Hayes, 669. 1 Jones, 324. 2 Prid. 64. Sweet, 40. 4 Jar. 611. Sweet, 48. 1 Hug. 540. 544. Digitized by Microsoft® LEASES. 205 243 244 245 246 247 248 249 250 251 252 253 Agricultural Tenancies — Leases — continued. afterwards, determinable after two years' notice, with special proviso for re-entry ; and covenants expressly adapted to the security of landlord. Eeservations of game and cottages. Lease of a farm for twenty-one years, containing special covenants and exceptions. Also, variations adapted to various circumstances. Lease for twenty-one years, with provisions expressly adapted to the protection of the lessee. Tenant to expend moneys in improvements ; put in repair farm- buildings ; erect new buildings and drain ; to forfeit his lease if he persist in cultivating in a manner which arbitrators shall decide to be injurious. Land- lord to allow tenant to remove machinery ; to purchase fixtures at a valuation, or to allow tenant to remove them. Special covenant that tenant's representatives may assign lease if landlord refuses to purchase it at arbitration price. Special covenants as to arbitration, and as to outgoing valuations. No reservation of game. Lease for eight years, with provisions as to stocking and managing down land ; sheep folding ; water meadows. Option to lessee to determine lease at the end of the first four years, on notice given. Common agricultural lease, for twenty-one years. Lease with corn rent ; covenants for drainage, for quiet enjoyment absolute ; for erection of buildings by land- lord. Commencement at Lady-day, with pre-entry upon fallows and meadow. Lease for nineteen years. Entry at Whitsunday as to house and grass lands and after harvest as to corn lands. Ee- servation of right to plant, &c., and to sport, &c. ; but on condition of making compensation for injury done. In-comer to spend on the farm moneys received from out-goer for dilapidations. Landlord to pay for new buildings, &c. Power to remove useless fences. Culture covenants, distinguishing between the firstfourteen years and the last five years of the lease. Manure to be paid for, and out-goer's last crop to be taken at a valuation. Lease with grain rent with a maximum limit. Lease for nineteen years. Martinmas entry, except as to barn and stabling, and Whitsunday as to these. Eeddendum, part in money, and the rest in oats; the last year's rent to be due at time of removal. Covenant to reside or pay additional rent. Special provisions as to culture during last four years ; and as to away-going obligations. Lease with provisions as to fences adapted to dairy farm. Form of a Lothian lease or Tack, with very special pro- visions as to fences, culture, breaking up and laying down old grass, manure, repairs, and buildings. Form adapted from another Lothian lease, with special provisions as to commons, thirlage, and culture during the last seven years of term. Cooke, 407. 1 Hug. 528. Cooke, 421. „ 434. „ 453. „ 459. „ 409. „ 473. 475. 478. „ 479. „ 489. Digitized by Microsoft® 206 LEASES. Agricultueal Tenancies— Leases- 254 Short lease under 8 & 9 Vict. c. 124. 255 Ditto. 256 Husbandry lease by tenants in common, at an entire rent. Additional reddendum for monies expended by lessors in insuring buildings from fire ; also for breach of rules of cultivation. Proviso for re-entry on non- payment of rent, alienation, bankruptcy, &c. Cove- nants by lessee (in addition to the usual covenants), to pay rent and taxes, make repairs, &c. ; not to bring any combustibles upon the premises so as to invalidate fire insurance; also to build a barn. Agreement, that, in case buildings are destroyed by fire, they shall be re- built by lessor, and in the meantime a deduction made out of the rent. Liberty to lessee to purchase the inheritance at the end of the term, at a valuation. Variations (in notes) where several rents are reserved to the lessors, as distinct owners. 257 Lease of a farm in Essex, with usual covenants. 258 Lease of a farm in Devon to two executors in pursuance of a covenant for renewal in a lease to their testator. Eeservation of mines and right of working. Addi- tional rents to be payable in case of improvements by the lessor, and of breaking up pasture and improper cultivation. Covenants by the lessees to cultivate the land upon the course system, and to leave straw, &c., for the lessor at the end of the term. Power for the lessor to resume possession of parts of the lands for buildings or improvements. 259 Lease of a farm in Norfolk by a father, tenant for life, and son, tenant in fee in remainder, subject to a joint power of appointment, reserving clay, timber, and right of sporting for a term certain from Michaelmas. Eeservation of penal rents for breaking up pasture or meadow, and improper cropping ; power for lessee to deduct expenses of building by annual instalments out of the yearly rent. Covenants by lessee to pay taxes, and that, on his default, the lessors may pay them and recover the amount as rent. To erect buildings, to repair fences of plantations, to inhabit farm-house, to perform carriage of coal for lessors, to farm on the four-course system — and that lessors may resume pos- session of parts of the premises for the purposes of planting and exchanges. Covenants by lessors to provide timber in the rough for repairs. 260 Lease of a farm in Norfolk, containing (inter alia) cove- nant by lessee to occupy farm personally, and not to be concerned in any other farm. Clause of re-entry in case of bankruptcy, &c. Special covenant as to repairs; to keep a dog for landlord, and do certain work for him. Rather special provisions respecting the management of the farm, and the course of hus- bandry; preservation of fences, &c. Liberty to land- lord to enter in the last year of the term, to sow Cooke, 495. Woodf. 1018. 4 Jar. 789. Sweet, 42. 5 Dav. 202. 218. Digitized by Microsoft® LEASES. 207 261 262 263 Agricultural Tenancies — Leases — continued. seeds, &c. Also, during the term, to take a certain portion of land for planting. Lessee not to assign or underlet; to deliver notices respecting game, &c. Joint and several covenants by lessee and surety for performance of covenants by lessee. Covenant by lessor to repair buildings, to allow rough wood for repairs, to pay for grass left at the end of the term, and last year's hay and turnips, &c. Tenant to occupy barn till 1st of May after end of term, and to be at liberty to purchase the inheritance on certain terms, within a given period. Lease by surviving trustee, granted under an order of the Court of Chancery, of a farm in the County of Norfolk; reserving to lessor all brick-earth, fish, timber, trees, &c., hunting, hawking, shooting, &c., for eight years, at a fixed rent ; and an additional rent for every acre of pasture converted into tillage, or used contrary to good husbandry. Proviso for lessor's re-entry, on lessee's non-payment of rent, &o., becoming bankrupt or insolvent, &c. Covenant by lessor to keep buildings in repair, and set out rough timber ; to allow bushes, &c., for filing ; power to lessee to dig clay and marl. Lessor to make lessee allowance for thrashing and dressing last year's crop on premises, &c., &c. Covenant by lessee to pay rent and taxes, to reside in farm-house, to keep premises repaired, to perform caniage work for lessor, to find beer for workmen, to supply wheat-straw, to scour ditches, &c., clip hedges, preserve trees, &c., &c., to bring actions against trespassers, &c., to cultivate land according to four-course system, &c., and to consume muck on premises, &c. Arrangements as to in-coming tenant ; and various other provisions applicable to farming in that county. Lease by the guardian of an infant, and by the infant himself, of a farm-house and farm in Northumberland from Lady-day. Farm to be cultivated on the four-course system. Eeservation of plantations, and of power for lessor to take land for plantations, roads and building. Lease by tenant for life under a power, of a farm in County of Berks, at rents varying every fourth year of the term, calculated on average price of corn for pro- ceeding four years, and an additional rent for every acre of pasture converted into tillage. Covenants applicable to the cultivation of a farm in that county. Lessee to give up any twenty acres on receiving six months' notice, and annual allowance for same ; to provide food and lodging for lessor's steward and attendants, not exceeding eight persons, on holding court ; and stable-room for horses ; allowance to be made to lessee ; lessor to find timber for repairs, and to pay moiety of expense of repairs, except windows and thatching. 4 Jar. 626. 2 Piatt, 706. 5 Dav. 234. 2 Piatt, 718. Digitized by Microsoft® 208 LEASES. Ageicultueal Tenancies — Leases — coniintced. 264 Agricultural provisions taken from a lease of a farm in the Isle of Ely. 265 Lease of a farm in the County of Londonderry in Ireland, with appropriate clauses for its management ; and power to the lessee to cut bog or turf for domestic consumption. Power to the lessors to resume any part, on notice, and payment of compensation ; to be settled, in case of dis- pute, by referees. Proviso for re-entry, on the lessee's not paying rent, continuing to reside, assigning or under- letting, building, digging, offending against revenue laws, or becoming bankrupt or insolvent, &c., &c. 266 Lease of a farm, with a mill, &c., under a power ; con- taining the usual exceptions of timber, mines, &c. Eeservation of right to kill game (and other pro- visions relating thereto) ; with the ordinary clauses relating to the cultivation and management of the land, and variations. 267 Lease of a farm by husband and vrife, under a general power of appointment, reserving rent a quarter in advance, and containing, in addition to ordinary clauses relating to repairs, insurance, &c., numerous special provisions respecting the mode of husbandry ; lessee to make compensation for dilapidations at the end of the term, according to a valuation. 268 Eeddendum with additional rents. 269 Eeddendum. Wheat rent, limited to a maximum of seventy-two shillings, and to a minimum of forty shillings per quarter, and to be ascertained by prices of neighbouring markets. 270 Eeddendum. Mixed corn rent, based upon the tithe rent- charge average. 271 Covenant that lessee shall drain, receiving tiles. 272 Covenant that lessee shall drain the whole farm, at his own expense. 273 Covenant that lessee shall pay per-centage upon outlay for permanent improvements. 274 Covenant that lessee shall put the farm in working order; lessor finding materials. 275 Covenant for outgoing allowances, adapted to Sussex customs. 276 Covenant for outgoing allowances, adapted to the Weald of Sussex. ' 277 A Welch lease. BUILDING LEASES. Agreements. 278 Agreement for a building lease or building leases (general precedent). 279 Ditto (assignment of). 280 Ditto. 281 Ditto. 2 Piatt, 724. 729. 4 Jar. 614. 642. Cooke, 496. 498. 499 500 500 501 502 503 Dixon 504 449 1 Crabb, 108. 1 Eouse, 208. H. L. F. 91. Bate. 345. Digitized by Microsoft® LEASES. 209 Building Leases — Agreements — continued. 282 Agreement for a building lease. 283 Ditto, for ninety-nine years. 284 Agreement of a building lease of freehold or copyhold premises, in which a surety for the lessee joins. 285 Agreement from the lessee to demise ground held by him under a building agreement. 286 Agi'eement to let a field for building. 287 Agreement for a building lease, or several building leases, specially drawn, with proper provisions for an extensive undertaking. 288 Agreement with a builder for lease of a plot of land for building, and for granting leases as the houses are finished. 289 Agreement for a finishing lease of a dwelling-house newly completed by the lessor, or for an underlease. 290 Agreement for a lease for ninety-nine years of a piece of land on which several dwelling-houses are agreed to be built by the lessee. Special provisions enabling him to have separate leases of the several houses and to apportion the rent. 291 Agreement for a building lease of part of premises held under an agreement for building leases, with agree- ment by the ground landlord to grant a separate lease of the premises, discharged from any liability or con- nection with the other premises. 292 Agreement for the grant of a lease on completion of buildings to be erected, the instrument specifying the particulars of the buildings, and the covenants to be contained in the lease when granted. Leases. Building lease. Ditto. Ditto. Ditto, for ninety-nine years. Ditto. (Variations where it is a repairing lease. ) Lease of a site of a messuage for ninety-nine years. Lease by a person seised in fee to the builder of a house in London, which had been built by himself under an agreement, but not finished. Building leases, viz. (1st) Lease of ground on which only one house is to be built. (2nd) Agreement for a lease of ground on which more than one house is to be built. (3rd) Lease pursuant to the last-mentioned agreement. Building lease, with special covenants from lessee to erect five dwelling-houses, and to keep and leave the same in tenantable repair. Variation, where the lessee covenants to contribute towards the construc- tion of a common sewer. Also, where he is to be authorised to make bricks on the demised premises. 302 Building underlease, with special covenants to build in conformity with a specified plan. To pave and fix 293 294 295 296 297 298 299 300 301 R. P. M. 23. 1 Prid. 101. 1 Jar. 433. 1 Crabb, 112. „ 114. 1 Jar. 441. Andr. 23. 1 Jar. 447. 1 Prid. 103. 1 Jar. 437. 2 Piatt, 656. 1 Rouse, 418. Coote,L.&T.703. Green. 276. Andr. 64. 2 Crabb, 1082. Clay. 179. 1 Jones, 334. Prior, 255. 1 Hug. 554. Digitized by Microsoft® 210 LEASES. 303 304 305 306 307 308 309 310 Building Lbases- iron railings in front of the houses; to contribute towards the expenses of cleansing and lighting ;" with covenant from lessor to produce the original lease, and also to indemnify the underlessee from the rents and covenants therein contained ; with a stipulation that lessee shall not be liable to pay any rent before lessor shall produce vouchers of the payment of the reserved rents under the original lease. Lease to builders of houses erected by them upon land within the limits of the Metropolitan Building Acts. Lease to a builder's nominee of a first-class house in London, fronting pleasure gardens to be used in common with the tenants of the adjoining houses. Usual covenants. Option for the lessee to purchase the fee within a prescribed time. Lease by a mortgagee and mortgagor to a builder of several dwelling-houses built by him on several parcels of ground and at separate rents. Proviso that rent shall be paid to the mortgagor until notice to the contrary shall be given by the mortgagee. Power of distress given to the mortgagor. Covenants by the lessee to complete the dwelling-houses. Proviso that the covenants and provisions shall apply separately to the several parcels of ground as if separate leases of each were granted. Lease to a builder, excepting rights limiting the use of adjoining property and minerals. Covenant by lessee to erect houses of not less than specified yearly value, and mate roads and sewers. Houses to be used only as private dwelling-houses or professional residences. Proviso restricting right of re-entry until the expira- tion of a six months' notice. Underlease to a builder of a house in London built by him under an agreement, the house being covered in but not finished. Building lease to a person who covenants to complete ten houses, with provision for apportioning rent between the several houses. The land demised is part of a considerable estate let on similar leases to other persons. Lease of ground for building, by partners interested, in unequal shares, with reservation of rent in proportion to their respective shares. Covenant by lessees to expend a certain sum in building. Additional rent for houses to be built. Provisions for insurance, &c. (A concise form.) Building lease granted by a nobleman, tenant for life, by virtue of a power. Covenant by lessee to build a house uniformly with other houses in the same street'; also to build other houses of a certain class ; and other usual covenants. (Form of covenant by lessor seised in fee, to join in underleases and assignments, in order to apportion the rent.) 1 Hug. 560. 5 Dav. ]29. 133. „ 144. „ 166. „ 182. 2 Prid. 49. 4 Jar. 585. „ 590. Digitized by Microsoft® LEASES. 211 Building Leases — continued. 311 Building underlease, containing, with usual clauses, special proviso for re-entry, in case the buildings should not be erected, or should be suffered to be out of repair, after damages for non-repair shall have been twice recovered in a court of law. Covenant by lessee to build according to a plan, and prescribing the dimensions, materials to be used, &c. ; also to pave footways, make drains, contribute towards the expense of lighting, &c. ; that house shall not be altered. Covenants by the lessor for title ; also to indemnify the lessee from the original rent, and authorising him to reimburse himself any monies he may be called upon to pay on account thereof out of the sub-rent, &c. That the lessee may dig clay for bricks, to be used in building. 312 Building lease, under a power. 313 Building lease for ninety-nine years, granted by a tenant for life under a power. 314 Building lease under a power in a marriage settlement. (Short form.) 315 Lease under a power in a will to a builder reserving right of way over roads to be made by lessee. Reser- vation of rent quarterly. Covenants by lessee to make and repair roads and sewers till taken by the parish ; to build houses at a fixed cost, and to lessor's satisfaction, and no other buildings. Provision for repair of adjoining houses. Houses to be used only as private dwellings. Usual covenants. Covenants by lessor to build houses only of a specified class on rest of estate; to provide for contribution towards roads, &c., in other leases, and to apportion rent and power of re-entry on underleases being granted. 316 Lease of unfinished house to a builder in pursuance of agreement. 317 Lease of an unfinished house near London, with common clauses. Covenants to finish the house ; to contribute towards repairing party-walls, cleansing drains, &c. ; to leave fixtures, to insure, to give notice of any assignment ; not to assign after a certain period ; not to use premises as a shop. By the lessor to produce the original lease, &c. 318 Lease of unfinished house — tenant to complete same, and pay taxes, repair and insure. Rent to increase after first five years. 319 Building lease of settled estates under a power in a will, and by Act of Parliament for ninety-nine years. 320 Rebuilding lease. MINING LEASES. 321 Agreement for a lease of mines. 322 Short agreement by an agent to authorise a trial for a short period. 4 Jar. 599. Dav. Con. 275. 2 Prid. 46. 5 Dav. 150. „ 157. Hayes, 647. 4 Jar. 525. 1 Rouse, 417. Andr. 119. 1 Rouse, 420. Bain. 707. „ 709. p 2 Digitized by Microsoft® 323 324 325 326 327 328 329 330 212 LEASES. Mining Leases — cmtinued. Limestone Quarries, &c. Lease of stone quarries and chalk and sand pits. Cove- nant by lessee to make a road, and other coyenants. Grant of the exclusive licence to work a lime quarry for a term of tvrenty-one years. Mining lease of chalk pits (with a wharf and connecting tramroad) for twenty-one years, at a fixed rent. Lease at a fixed rent of a portion of sea beach and cliff (with a portion of land adjoining), containing valuable stone and earths. Licence to work a limestone quarry. Lease of quarries of limestone and of lands. Lease of a limestone quarry. Lease of lime quarries, with powers for working the same and making a railway to connect them with trunk line. Eeservation of a certain yearly rent in respect of a certain quantity of limestone, whether raised or not, and of tonnage royalty for limestone, and render of a proportionate part of lead ore, power of distress. Covenants by the lessee to keep proper books of account, to show the amount of royalty. To carry on the works in a proper manner, and on receiving notice from the lessor of any improper working, to rectify the same. Power of re-entry. Power for the lessee to determine the term at the end of any year, giving six months' notice. Arbitration clause. 331 Lease of slate quarries by a mortgagee and his trustee and the mortgagor, who is tenant for life with power of leasing. Eeservation of different rents for different years, and for different sorts of slate ; the rents being regulated beyond a certain amount by the quantities of slate sold, but to be paid on a given quantity in each year, whether sold or not. Special covenants for ascertaining the amount of rent. Lessors to have the option of purchasing plant at the end of the term. Lessees to have power to determine the term at the end of any year — and to pay their rent by bills of exchange on London. Usual covenants and clauses as to working, &c. Salt Mines. 332 Lease of a salt mine in Cheshire to a company. Eeser- vation of certain rents and royalties. Usual covenants for working the mines. Power for the lessor at his option to take to the trade buildings, fixtures, &c., at a valuation. Power for the lessees to surrender the premises in case of the mines becoming exhausted. Proviso for re-entry. 333 Underlease of salt mine and works in Cheshire, held under two leases, by the trustees of a Joint Stock 2 Prid. 96. 1 Hug. 572. Prior, 259. „ 261. Bain. 733. Rog. 669. „ 678. 5 Dav. 267. 281. 296. Digitized by Microsoft® LEASES. 213 Mining Leases— Salt Mines — continued. Company. Eeservation of rent — variable with the quantity of salt got, and the market price of salt. Ilsual powers of entry to inspect works, &c. Power of distress and re-entry. Covenant by lessors to grant underlease, in case of their obtaining a renewal ; and other clauses. 334 Lease by tenant for life, in exercise of a power, of a salt mine, with the use of a portion of the surface land, under certain restrictions. Eeservation of fixed mine and surface rent — and royalties for salt carried away. Penal rent for salt got beyond the limits of the demise. Proviso for re-entry, on non-payment of rent or breach of covenant ; also in case of failure of mine. Special proviso for extending the limits of the working, in case the mine is exhausted within the limits of the demise. Covenants for renewal ; and other clauses. Coal Mines. 335 Lease of a colliery and seam of coal to a Limited Com- pany, with provisions for working the same. Eeserva- tion to lessor of right to work deeper mines. Footage, outstroke, and surface rents, and royalties, and minimum rent. Average clause. Power of distress. Covenants by lessees to pay unpaid portion of con- sideration money, with provisions for payment thereof by instalments, to get sufficient coal to produce minimum rent, to work the mine without intermission, and to clear the land of rubbish at the end of the term. Power for lessees to remove machinery, giving the lessor an option of purchasing. Lessees to take down buildings which the lessor may require them to take down. Minimum rent to cease when all the coal is paid for, and the term to cease when all the coal is gotten. Arbitration clause. SS6 Lease to co-partners of two seams of coal in Lancashire below a seam previously worked, with surface liberties, at a fixed minimum rent, a footage rent varying according to the different thicknesses of the coal, and an acreage rent for surface. Allowance to be made for faults. Average clauses. Strict stipulations for working upon the most approved and secure methods. Furnaces to consume their own smoke. Pits to be lined, and not to be used for working other coal. Surface soil to be preserved, and restored at the end of the term. Power for lessees to leave their pit-hills, on paying for the land covered; to surrender the lease if no coal shall be found within a certain depth, and when all the marketable coal shall have been gotten. Proviso for cessor of the term when all the coal gotten and paid for. Power for lessor to take machinery at a valuation. 4 Jar. 766. 753. 5 Dav. 305. 323. Digitized by Microsoft® 214 LEASES. Mining Leases — Coal Mines — continued. 337 Lease by a tenant for life under a power, of mines of coal and ironstone in StaflFordshire, witli liberty to enter upon the surface of part of the lands only, and to get the mines under the rest by means of under- ground workings only. Exception of other mines with liberty for the rcTersioners to work them. Eeservation of surface rent and royalties for coal, fine slack, coke, ironstone, and bricks, and of a minimum quarterly mine rent. Average clause. Eoyalties not to be paid on coals supplied to the reversioners, or on fine slack used on the works. Power of distress. Covenants by the lessee to work the mines continuously, and from deep to crop, to quoin pits, not to work within a certain distance of any pit, to leave boundary ribs, and ribs and pillars, to keep machine-house in repair, to weigh all coals, &c., removed by land carriage, and to gauge boats removing coals, &c., by water carriage, to permit reversioners to examine workings, to deliver monthly accounts, to supply reversioners with specified quantity of coal free of charge, to purchase lime from rever- sioners, and not to assign or underlet. Power of re-entry. Proviso that the same may be exercised notwithstanding waiver of prior forfeiture. Lessee to be allowed to remove machinery. Arbitration clause. 338 Lease by a mortgagee and donees of a leasing power, with the consent of a tenant for life, of a colliery and machinery, with liberties for working the same. Eeservation of certain yearly rent for specified quantity of coal, &c., and of royalty for the excess, and of yearly surface rent. Power for mortgagee and reversioners to distrain. Power for lessees to replace machinery with equally good machinery. Usual cove- nants. Power for the lessees to determine the term at the end of the first seven or fourteen years. (Short form.) 339 Lease of a coal mine for a term of forty years, with usual powers for working the same, reserving a nominal surface rent for the first three years of the term, and an augmented fixed rent for the remainder, and a reservation of one-eighth of the gross monies for which the coal shall be sold. 340 Lease of a coal mine under a power. [Also for ironstone mines, and any mines for working horizontal strata.] 341 Lease of lands in the county of Somerset, by trustee of a term, mortgagee, and mortgagor, and of a coal mine underneath ; with the usual powers for working same ; reserving a fixed surface rent for a part of the term, and augmented rent for the remainder, and a royalty of one-eighth of the gross monies for which coal shall be sold, and a proportionate part on determination of the term before its efiluxion by time ; with a covenant to raise all the coal within the first twenty-five years, 5 Dav. 344. „ 374. 1 Hug. 608. Bain. 720. Digitized by Microsoft® LEASES. 215 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 Mining Leases — Coal Mines — continued. or to pay for coal unwrought at a yaluation. Power to lessee to determine lease at end of first twenty-fiTe, thirty-five, or forty-five years of term ; and lessee to have right of pre-emption on sale by mortgagor. [A concise precedent, the lessee's object being rather to sink a shaft to work under adjoining property, than to obtain the coal under the lands demised.] Lease of coal mines in the north of England. Ditto, with schedules. Lease of a colliery and of the surface and adjoining lands in "Wales. Lease of coal mines and clay pits by a person seised in right of his wife. (Variations where they are mines of ore.) Lease of a coal mine and minerals in South "Wales. Special reservations. Covenants as to working and payment of royalties, &c. Lease of a coUiery (generally). Lease of coal under a settled estate in Yorkshire, granted under the authority of the Court of Chancery, and the statute 19 & 20 Vict. o. 120. Lease by direction of the Court of Chancery. Lease under a power. Lease under a power, the lessor being also tenant for life. Lease under a power and in pursuance of an agreement entered into with a deceased, the lessor being also tenant for life. Lease of coal and iron mines in South Wales, by the surviving trustee of a will under a power, with usual provisions, and authority to use certain parts only of the surface for works. Lease of coal mines in Lancashire by tenant for life under power. Lease of coal and iron mines in Northumberland. Lease by tenant for life of open mines of coal and iron- stone, with liberty to dig clay and limestone, and make bricks and burn lime, for sale, for fourteen years, determinable with lessor's life. Lease of a coal mine and clay pit, by a mortgagee in fee, in pursuance of a power, to two lessees as tenants in common, with usual powers of entering upon lands for the purpose of making shafts, &c., they compensating tenants for injuries done. Liberty to dig clay and make bricks. Reservation of surface rent for land occupied, of royalty for each ton of coals worked (except for use of colliery), with certain fluctuations, according to market price. Not less than a specific quantity of coals to be raised. Eeservation and provisions in respect of deficiency in stipulated quantity. Eeservation of royalty for coke and bricks made. Provision in case of partial failure of mine, or suspension by accident, &c. Lessor to be at liberty to use shafts made by lessees in working mines not 2 Piatt, 782. Rog. 624. Fowl. 385. Rog. 652. 2 Crabb, 1089. Andr. 100. Fowl. 375. „ 403. Rog. 681. „ 682. „ 683. „ 684. Hayes, 674. 2 Prid. 71. „ 86. 4 Jar. 685. Digitized by Microsoft® 216 LEASES. 358 359 360 361 Mining Leases — Coal Mines — continued. demised. Abatement of surface rent in respect of land used by lessor. Provision for the event of mine being worked out. Clause fixing proportions of dif- ferent species of coals to be raised. Mode of ascer- taining quantities raised. What coal to be made into coke. Liberty to lessees to remove engines, &c., at the end of term, unless lessor choose to purchase them. Also to cut timber on giving notice. Rent to be payable by bills of exchange, &c. Covenants by lessees to raise a certain quantity of coals, to fence the lands, not to carry away brick clay, to erect weighing machine, to observe certain regulations in working mines, to keep premises in repair, deliver up shafts, &c., in serviceable condition ; if required, to fill up pits, and restore land to fitness for cultivation ; that lessor shall be at liberty at the end of term to purchase machinery. Usual clauses as to keeping and deliver- ing accounts quarterly. Right of entry to lessor to inspect mines. Restriction on assigning or under- letting in parcels. Power of distress. Condition of re-entry on failure to work mines, &c. Lessor to allow compensation for pit eye-pillars left in pits. If lessor shall be willing to let reserved mines of iron- stone and heathen coal, same to be offered first to lessees. Agreement to refer to arbitration. Covenant by lessees to erect a blast furnace on ground purchased of lessor. Variations (in notes) where lands, under which the coal mines are situate, are included in the lease. Power to get all mineral substances for pur- poses of colliery, and a certain quantity of brick clay and limestone for sale. Reservation of an aliquot share of the gross pecuniary proceeds of coals worked. Power of entry to lessees within a certain period after end of term to remove machinery. Covenant by lessees to fill up pits, and cultivate the surface ; to supply lessor's agent with coal gratis. Proviso making lease void on alienation, bankruptcy, &c. Covenant by lessor to let other lands that may be wanted, and for that purpose to determine existing tenancies ; that lessees may relinquish the possession of lands ; with variations in some other particulars. Lease of ironstone at a minimum rent and royalties. Lease of fiag rocks at a royalty, and two rents of vary- ing amounts, according to the yield of the premises. Lease of a colliery at a rent and royalties, with clauses making the royalties paid (as well previously as subse- quently) available as a set-off against the excess of the minimum rent above the produce ; and also reducing the amount of the minimum rent in certain events. Lease for twenty-one years, by trustees of a term of years, under a will, of a furnace and iron works, of land, and of mines of coal and ironstone, reserving a surface rent, and royalties varying with the productions of the 4 Jar. 711. Prior, 262. „ 264. 266. Digitized by Microsoft® LEASES. 217 362 363 364 365 366 367 Mining Leases— Coal Mines — continued. mines, and the different qualities and market value of the minerals ; with stringent clauses for the due working of the mines, &c., adapted to an extensive undertaking. Tin, Copper, Iron, Lead, and other Mines. Lease of works for the smelting and manufacture of iron. Grant of a sett or licence to search for metals and minerals for a term of twenty-one years, with usual covenants. Variation, where the sett is granted by mortgagor and mortgagee. Grant of a sett to search for minerals for a term of six- teen years, in consideration of the surrender of a former sett, the dues reserved by the present grant being a money payment, until the grantor shall give notice to receive the dues in kind; the grantor reserving a right to drive adits, &c., within the limits of the sett, but so as not to interfere with the due enjoyment thereof by the grantees; with a proviso that in case any tin shall be raised, one-thirteenth part only of such tin is to be rendered, in lieu of the one-iiffceenth part previously reserved. Variation, where the grantor is to have the option of purchasing the machinery. Grant of a mining sett by trustees under a will for a term of twenty-one years, with a reservation of one- twelfth of all copper, and one-fifteenth of all tin raised on the premises to be rendered in kind or the value paid in money at the option of the grantors, with special covenants from the grantees to render once in every year, a correct plan of the workings of the mine, and upon notice to give a true list of all such persons as are or shall have been adventurers in the mine, and of their respective shares and interests therein. Lease to trustees of a mining company of mines of tin, copper, and other metal and metallic ore, in Cornwall or Devon, with usual powers for working the same, at a certain rent, and at a royalty of specified part of the monies produced by the sale of the ore when dressed and made merchantable. Proviso that the lessees may in each year deduct from the certain rent all monies actually paid for royalty in that year. Proviso that the lessor may take to the machinery at the end of the term at a valuation. Power for the lessees to deter- mine the term at the end of any year upon giving six calendar months' notice. Lease, by way of licence to work copper, tin, and lead mines, within certain limits, during twenty-one years, yielding a royalty of one-fifteenth of the produce in kind or money. Usual authorities to lessees to make shafts, adits, &c. ; use watercourses, &c. Reservation 2 Piatt, 740. Bain. 741. 1 Hug. 575. „ 586. 600. 5 Dav. 386. Digitized by Microsoft® 218 LEASES, 368 369 370 371 372 373 374 375 376 377 MiNiNa Leases — Tin, Coppbe, Ieon, Lead, and othbe Mines — continued. to lessor of power to make and use adits, &c., to inspect and survey works, to determine licence by notice, as to any setts that may not be duly worked. Covenants by lessees {inter alia), to render royalties, pay taxes, work mines (disputes as to working mines, to be referred to arbitration), to drive a certain adit constantly, to deliver plans of works and accounts, to deliver accounts of all co-adventurers. Power of re-entry, for non-render of royalties, &c. Lease of a tin, copper, or lead mine. Lease of a lead mine where all the ore raised is to be smelted on the premises. Lease of lead mines. [Also for copper and other metallic mines worked in veins.] Lease of a lead mine in the North Riding of the county of York, by trustees under a power ; reserving by way of royalty, a fifth of the smelted lead, before extraction of the silver ; with power of distress to the lessors. The lessors to have a right of purchasing the machinery and engines, &c., at the end of the term ; and the lessees to have a right of determining the lease on a given day. With appropriate clauses for the due working of the mine. Mining lease. Ditto. Lease of a way-leave. Lease or grant of a way-leave, or right of using a railway. Lease of a way-leave. Reservation of a certain rent, of tonnage rents, of a surface rent, of a penal rent, and of a stated rent in coals. Usual covenants and clauses. Various covenants and provisoes. Mills. 378 Lease by joint tenants of a copyhold mill, with the licence of the Lord of the Manor, for a term of years. Covenants by the lessee to keep mill and mill-dam in repair, to clean out mill-pool, and lay mud on adjoining land for the use of the lessors ; not to use the premises for any other purpose than as a mill with- out lessors' licence. Covenants by lessors to insure, and in default to permit lessee to do so, and deduct monies paid by him for the purpose out of the rent ; and that rent shall be suspended or abated in case of fire, unless the policies are vitiated by acts of the lessee. 379 Underlease of a warehouse and several rooms in two mills, with the use of shafting and steam power for turning specified machiaes therein. Reservation of certain rent, with power for the lessee to deduct speci- fied proportions thereof in case of the machines being wholly or partially stopped in consequence of accident to shafting or steam engine, or of destruction of the 4 Jar. 656. Rog. 611. 1 Hug. 622. Bain. 710. 2 Piatt, 792. Coote,L.&T.710. Dav. Con. 280. Rog. 679. Fowl. 405. 5 Dav. 400. Fowl. 408. 5 Dav. 430. Digitized by Microsoft® LEASES. 219 Mills — continued. machines by fire. CoYenants by the lessee to repair floors, doors, and windows, and not to assign or under- let without, licence, except in the case of illness or death. Covenants by the lessors to pay taxes and to repair, and to provide sufficient steam power. Arbi- tration clause. 380 Lease of a cotton mill, machinery, and gear, &c., for a term of years at a yearly rent, subject to suspension in case of fire, the lessee covenanting to pay an additional rent for the use of a culvert, and also an annual chief rent, to lay out a given sum in repairs, and to keep re- paired, damage by fire excepted. The lessors to have option of purchasing at end of term, machinery erected by lessee ; and to accept payment of rent, by bills of exchange. 381 Lease of mills and lands to two as tenants in common, with power to pull down houses, and cut timber. 382 Lease from devisees, in pursuance of a power, of a water- mill and farm, partly freehold and partly copyhold. Eeservation of right of entry to cut timber (the trees themselves not being excepted in demise) ; habendum as to freeholds for years, determinable on a given day after the decease of testator's widow ; habendum as to copyholds for one year, and, if the custom of the manor permit, from year to year during the said term. Last half-year's rent reserved to be paid on a given day before the termination of the lease. Covenant by lessee to repair mill, &c., by lessor, at the end of each year, to execute a lease of the copyholds for one year. Brickfields. 383 Lease under a power of a parcel of land for a brick-field, at a certain rent for a stated quantity of bricks made, and a royalty upon every thousand bricks above the stated quantity. Average clause. Covenants by the lessee to pay any increase of taxes caused by using the premises as a brick-field, and to indemnify the lessor therefrom ; not to manufacture the clay into anything but bricks, and indemnify the lessor against all actions by reason of the brick-field causing damage to adjoin- ing property. Covenants by the lessor to pay taxes except such as are covenanted to be paid by lessee, and that lessee may remove manufactured bricks after ex- piration of the term. Powers of distress and re-entry. 384 Lease of a brickfield to two co-partners. Special reserva- tions and covenants as to payment of royalties, &c. 385 Lease of brick-kiln, with small quantity of meadow and arable land, and with some special stipulations. Of Copyholds. 386 Lease of copyhold premises, with the licence of the lord. 5 Dav. 458. 2 Piatt, 690. 2 Crabb, 1106. 4 Jar. 777. 5 Dav. 259. Andr. 85. 1 Rouse, 412. 1 Hug. 514. Digitized by Microsoft® 220 LEASES. Of Copyholds — continued. 387 Lease of copyhold premises for one year, and thenceforth from year to year, for the term of seven years, without the licence of the lord. 388 Lease of a copyhold messuage and piece of land, with the licence of the Lord of the Manor ; the lessee entering into the common covenants to pay rent and taxes, to repair, and not to prejudice lessor's interest ; the lessor covenanting for the lessee's quiet enjoyment and in- demnity against copyhold outgoings, &c. 389 Lease of a copyhold wharf, abutting upon the River Thames, without the lord's licence, for the term of one year. Usual covenants. Covenants by the lessees not to suffer encroachment upon the premises, or obscure lights, not to carry on specified trades, to cause furnaces to consume their own smoke, and not to land offensive matters. Covenant by the lessor not to carry on, or demise adjoining premises to persons carrying on, specified trade, and to grant further lease for a term if lord's licence can be obtained, but if not, for one year, and so on for successive years, at the expiration of each preceding year. Of Lands of Lunatics. 390 Lease from the committee of a lunatic, with the appro- bation of the master. 391 Lease of buildings and land belonging to a lunatic, with the licence of the Lord of a Manor as to the copyholds. 392 Lease for a term, determinable with lives, executed by the committee of a lunatic under the direction of the Lord Chancellor. By Bean, and Chapter. 393 Lease by a dean and chapter of a cathedral, in considera- tion of the surrender of a former lease. 394 Lease by the dean and chapter of a cathedral, for years. Miscellaneous. 395 Lease for ninety-nine years, determinable on the death of the survivor of three persons, with right of perpetual renewal. 396 Eenewable lease, either for one renewal, or, with covenant for continual renewal. 397 Lease to the Corporation of a Borough of fairs and markets held under letters patent, with power to sue for the tolls, and expel persons refusing to pay. Reservation of certain half-yearly rent for the first three years, and of increased rent for residue of term. Proviso enabling lessor to erect a market-place, and the lessees thereupon to determine the term, or at their option to pay a reduced rent. Proviso that it shall 1 Hug. 516. 2 Piatt, 684. 5 Dav. 423. Bird, 194. 2 Crabb, 1060. 4 Jar. 804. 1 Hug. 550. 4 Jar. 560. 2 Piatt, 681. 1 Rouse, 421. Digitized by Microsoft® LEASES. 221 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 MlSOELLANEOUS- not be incumbent on lessees to sue for tolls, unless re- quired and indemnified by lessor. Covenant by lessor to produce letters patent. Arbitration clause. Lease from Lord of a Manor, of fairs and markets. Lease of tolls of turnpike roads. Lease of tolls of a turnpike road, two sureties joining, and rent being payable monthly. Lease to a dock company of two parcels of land, for the purpose of constructing a graving-dock upon one. Reservation of a separate rent for each parcel ; power for the lessor to resume possession of one parcel at any time, upon giving three months' notice. Power for either party to determine the lease at the end of the first years. Demise by way of lease of forest lands acquired by en- croachment. Form of lease for railways, or of encroachments in the royal forests, granted by the Commissioners of Woods and Forests, under 10 G-eo. IV. c. 50. Lease of a manufactory and premises for carrying on the business of making and selling cements. Lease by reference to an expiring lease, or to a subsisting lease of other premises. Lease by a testamentary guardian of an infant. Lease by an infant and his guardian. Lease pursuant to 8 & 9 Yict. c. 124. Ditto. Form of a lease for a further term by way of in- dorsement. An indorsement for extending an existing term, &c. Continuation of lease by indorsement. Continuation of lease by annexation. Continuation of lease by heir or devisee. Lease of manors for the purpose of enabling the lessee to depute gamekeepers. Lease of farniture in a house. Lease of furniture to accompany lease of dwelling-house. Form of lease prescribed by the Act of 5 & 6 Will. IV. c. 69, entitled, "An Act to facilitate the conveyance of work-houses, and other property of parishes, and of incorporations, or unions of parishes, in England and Wales." Lease of heath land. Lease from a corporation. Lease to two persons of a warehouse, stable, and other buildings. Tenants to repair and insure, pay taxes, &c. Leaseholds. (Variations in conveying parties.) Ditto (variations in parties, to whom conveyance made). Ditto (variations in parcels, interest, &c.). Conveyance of leaseholds for lives. Assignment of leaseholds by annexed deed. Arbitration clause in lease. Clause suspending rent during fire. 5 Dav. 466. 1 Rouse, 422. 2 Crabb, 1109. 1 Rouse, 423. 5 Dav. 434. 2 Wilde, 424. 2 Piatt, 808. 2 Prid. 54. Sweet, 55. 1 Jones, 367. Andr. 129. „ 131. Faw. 324. 2 Crabb, 1111. Coote,L.&T.719. 1 Rouse, 439. „ 440. ., 441. 2 Jar. 557. 4 Jar. 548. 2 Piatt, 806. J) 807. 1 Eouse, 411 » 435. jj 437. )) 190. )) 200 ?) 202. Bird, 89. 1 Rouse, 207 Green 285. 5) 286. Digitized by Microsoft® 222 LEASES. MiscELLAKEOUS — Continued. 429 Clause restrictive as to assignment, but not to be unrea- sonably withheld. 430 Waiver by lessor of past breaches of covenant by a lessee. Assignment of Leaseholds. 431 Assignment of leaseholds. 432 Ditto. 433 Ditto. 434 Ditto. 435 Ditto. 436 Ditto. 437 Ditto. 438 Ditto. 439 Ditto. 440 Ditto. 441 Ditto. 442 Ditto. 443 Ditto. 444 Ditto. 445 Ditto, by indorsement. 446 Ditto. 447 Ditto. 448 Ditto. 449 Ditto. 450 Ditto. 451 Ditto. 452 Ditto. 453 Ditto (by deed-poll indorsed). 454 Assignment of leaseholds by executors. 455 Ditto. 456 Ditto (by indorsement). 457 Assignment of leasehold property by a legatee and execu- tors to a purchaser. 458 Assignment of leasehold property by executors and devisee of deceased assignee. 459 Assignment of lease (by indorsement) by an administra- tor with consent of the lessor. 460 Assignment of lease for years. Variations : — where fixtures are included in the assignment. 461 Assignment of a leasehold messuage to a purchaser. 462 Assignment of leasehold premises and fixtures for the separate benefit of a married woman who advances the purchase-money out of her separate estate. 463 Ditto. 464 Assignment of leasehold premises by husband and wife, (the husband being entitled in her right) to a pur- ' chaser. 465 Assignment of a leasehold by executors to tenants in common, the lease not being recited. 466 Assignment of leasehold premises by a lessee to two pur- chasers as tenants in common. (Variation where the assignment is made by two lessees.) Green. 288. „ 295. Dav. Con. 108. 2 Dav. 362. 0.46. Hayes, 321. H. L. F. 59. Bate. 356. Hous. 102. Sweet, 191. Arch. 88. Andr. 133. Woodf. 1041. 2 Hay. Intr. 44. Green. 161. Ship. 264. 1 Crabb, 393. Ooote,L.&T.721. Sweet, 194. Woodf. 1040. Green. 161. Andr. 144. 2 Dav. 366. H. L. E. 62. Coote,L.&T.720. 1 Prid. 208. 2 Crabb, 1294. Dav. Con. 112. Hayes, 323. Andr. 139. 1 Crabb, 393. 2 Piatt, 808. 1 Prid. 203. C. 69. 358. 1 Jones, 89. 2 Dav. 365. 1 Jones, 82. Digitized by Microsoft® LEASES. 223 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 Assignment of Leaseholds — continued. Assigament of part of the property in a lease, at an apportioned rent ; and covenants and cross powers of distress, for securing its payment. Assignment of leaseholds, part of tenements comprised in a lease, the rent being apportioned. Assignment of part of the premises comprised in a lease. Usual covenants, and mutual povs^ers of distress. Assignment of a portion of leasehold premises vrhich are held under one lease at an entire rent, the rent being apportioned between the vendor and purchaser by mutual arrangement. Cross powers of distress and entry in case either makes default in the payment and observance of his proportion of the rent and covenants. Assignment of part of the premises comprised in a lease (the remainder being retained by the vendor). Mutual covenants by vendor and purchaser to pay their respec- tive proportions of rent, &c. ; by vendor to produce lease. Ditto (covenant by purchaser not to erect buildings). Assignment by lessee of a leasehold messuage, forming a portion of the demised premises, to a purchaser for the residue of the term ; the lessor concurring for the purpose of apportioning the rent. Assignment of part of the property comprised in a lease. Conveyance by way of underlease of part of the property comprised in a lease at a peppercorn rent, the rent reserved by the original lease being charged exclusively on other part of the leasehold property. Assignment of a lease with the consent of the lessors, where the assignee covenants with the lessors to pay the rents and perform the covenants ; with a revival of the condition for re-entry on breach of covenants, which was waived by the licence. (Variation where the consideration for the assignment is the transfer of stock. ) Assignment of leaseholds by a vendor to a purchaser. Execution by attorney and attestation. (Variation where the assignment is by two tenants in common.) Assignment of leaseholds by persons entitled in unequal undivided shares. Assignment of property comprised in several leases to purchaser for the residue of the several terms. Assignment of leasehold premises held for a term of ninety-nine years, detei-minable on three lives, with usual covenants. Assignment of a leasehold messuage for the residue of a term of ninety-nine years, determinable on three lives, with the licence of the lessor, the purchaser covenant- ing with the lessor not to assign or underlet without licence, and to perform the covenants of the lease. Assignment by mortgagee and mortgagor of leasehold premises held for the residue of a term of ninety-nine years, determinable on three lives, to a purchaser, with 2 Dav. 367. Hous. 104. Sweet, 197. 1 Prid. 210. 1 Hug. 253. 9 Jar. 176. 1 Hug. 259. Hayes, 331. „ 335. 9 Jar. 181. „ 167. Prior, 69. 1 Prid. 205. 1 Hug. 243. „ 248. Digitized by Microsoft® 224 LEASES. 483 484 485 486 487 489 490 49 492 493 494 495 496 497 498 499 500 Assignment of Leaseholds — continued. usual coveuants. Variation where a policy of assur- ance upon one of the lives, whereon the term is deter- minable, is also assigned to the purchaser. Assignment of leaseholds by mortgagor and mortgagee. Assignment of a leasehold messuage and premises for the residue of a term of ninety-nine years, by two or three executors and residuary legatees, to a trustee, for the benefit of the third executor and residuary legatee as his portion of the residuary estate. Assignment of leaseholds directed to be sold (the produce to be invested in the purchase of freeholds to be settled) by the trustee and tenants for life and in tail under the trusts. Assignment of the benefit of an agreement of a lease. Assignment of leaseholds vested in the trustees of a marriage settlement, subject to an absolute power of appointment in the wife. The husband covenants for the title, and for the production of the settlement. Assignment of lease of a messuage and certain scheduled fixtures, &c., in consideration of the assignee taking upon himself the rent and covenants, by indorsement. (Short form.) Assignment of a leasehold dwelling-house by a lessee, indorsed upon the lease (a very short form). Assignment of a leasehold house and policy of fire insurance. Covenant by vendor to produce title deeds (a very short form). Ditto. Assignment of a lease with an assignment of fixtures and policy of insurance (general precedent). Assignment of the equity of redemption of a leasehold house to the mortgagee, by indorsement on the mort- gage deed. Assignment of leasehold dwelling-house and garden, for a term determinable with lives, by three specific legatees with the concurrence of the executors. (Variation where the vendors are residuary legatees, or where the sale is by the next of kin on an intestacy with the con- currence of the administrators. Also, where the lease is for lives absolutely.) Assignment of leaseholds by a banking firm, as mort- gagees empowered to sell, and in which a trustee of the legal estate joins. Assignment of leaseholds by mortgagee under a power of sale. Ditto. Ditto, (the mortgagor not concurring). Assignment of leaseholds by the assignees of a bankrupt, and the bankrupt, either to a purchaser of all the premises demised, or of part, it being intended that he should grant underleases to the purchasers of the other parts. Ditto. 1 Hug. 262. Green. 162. 1 Hug. 272. 9 Jar. 303. „ 310. „ 443. „ 453. „ 457. „ 459. Sweet, 193. 1 Crabb, 389. 9 Jar. 461. 565. 588. Sweet, 199. Green. 168. 2 Crabb, 1296. 9 Jar. 273. Sweet, 195 Digitized by Microsoft® LEASES. 225 Assignment of Leaseholds — continued. 501 Assignment of leasehold premises for the residue of a term of ninety-nine years determinable on three liyes, by the assignees of an insolvent debtor ; a mortgagee of the premises and the insolvent concurring. 502 Assignment of leaseholds by assignees in bankruptcy, the bankrupt being a party. 503 Ditto. 504 Assignment of leaseholds by assignees and oflScial assignee of a bankrupt and the bankrupt to a purchaser. 505 Assignment of leaseholds by the trustee of a bankrupt. 506 Assignment of a bankrupt's leaseholds in pursuance of an order of the court of bankruptcy, made on the petition, of an equitable mortgagee. 507 Assignment to the purchaser of the largest lot of several leasehold messuages, &c. holden under one lease, in trust to grant underleases to smaller purchasers (with varia- tions). 508 Assignment of leasehold premises from one co-partner to another, on the expiration of articles of co-partnership (with variations). 509 Assignment of leaseholds for years by an assignee of the term. 510 Assignment of leasehold premises, (the assignor being himself an assignee) to a purchaser. (Variation as to the covenants for title, where brevity is required.) 511 Assignment (subject to an underlease) of leasehold pre- mises by a lessee, indorsed upon the lease. 512 Assignment of a leasehold by the committee of a lunatic, and the executors of a trustee of the legal estate. 513 Assignment of certain parts of ileasehold premises (of which a partition had been made) to one of the parties entitled thereto in severalty, subject to a proportionate part of reserved rent, &c. Stirrender of Leaseholds, 514 Surrender of a lease. 515 Ditto. 516 Ditto. 51Z Ditto. 518 Ditto. 519 Ditto, by indorsement. 520 Ditto. 521 Ditto. 522 Ditto, by deed poll. 523 Ditto, by deed poll indorsed. 524 Surrender of a lease for lives. 525 Surrender of lease in consideration of release of arrears of rent, and of a sum of money. 526 Ditto, (short form). 527 Ditto, by indorsement. 528 Surrender of lease by indorsement by assignee of original lessee to assignee of original lessor. 1 Hug. 269. Dav. Con. 114. 2 Dav. 461. 1 Jones, 100. 1 Prid. 372. Hayes, 340. 1 Wilde, 499. „ 512. Prior, 62. 1 Jones, 94. „ 86. 2 Dav. 371. 1 Crabb, 394. 1 Rouse, 438. 1 Prid. 336. Dav. Con. 294. Andr. 151. Woodf 1043. Green. 294. 3 Wilde, 769. Woodf. 1042. „ 1043. „ 1043. 2 Crabb, 1505. 1 Bouse, 209. 9 Jar. 490. Sweet, 199. Andr. 155. Digitized by Microsoft® 226 LETTER OF CREDIT. SUEEENDBE OF LEASEHOLDS — COntmued. 529 Surrender of a lease by an assignee on a purchase by the reversioner. With variations applicable to a surrender by indorsement on the lease. 530 Surrender of a portion of the premises comprised in a lease, an abatement being made in the rent. 531 Surrender (by indorsement) of leasehold mines to the tenant for life in reversion, to the intent that a new lease may be granted. 532 Surrender of a lease from mortgagor, mortgagee, and purchaser to a corporation. 533 Surrender of an episcopal lease for lives on a purchase of the lease, by the church estates commissioners. 534 Surrender by trustees of a will of part of tenements held by a capitular lease for years, and purchased by the Church estates commissioners ; apportionment of the rent. 535 Memorandum of a surrender of a capitular lease for lives of copyholds, purchased by the Church estates commissioners. Covenants in leases, see Covenants, ante. Provisoes in leases, see Provisoes, post. Lease and release, see Conyeyanobs, ante. LEGACIES (see Wills, post). Assignment of, see Assignments, ante. Mortgage of, see Mortgages, post. LEGACY DUTY. 1 Forms relative to legacy duty. [See^ 28 & 29 Vict. c. 104, pt. V. schedule 4 ; 31 & 32 Vict. c. 124, schedule ; see Hanson on Probate, Legacy and Succession Duties, App. ; Hudson on Legacy and Succession Duties, p. 56, &c. LETTERS. 1 Form of a letter requiring an apology for slander. 2 Apology. 3 To withdraw plea. LETTER OF ADMINISTRATION (see Administeation, ante). LETTER OF ATTORNEY (see Powers of Attoeney, Peocueations, and Waeeants of Attoeney, post). LETTER OF CREDIT. 1 Form of a bill or letter of credit. Ditto. Ditto. 2 Piatt, 810. Wilk. 21G. 5 Dav. 1036. Wilk. 212. 2 Dav. 376. „ 382. „ 386. Moore, 128. 41. 41. 42. 4 Chit. 259. 2 Crabb, 1112. „ 1113. Digitized by Microsoft® LICENCES. 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 LETTER OF EXCHANGE {see Bills of Exchange, ante). LETTER OF LICENCE (see Licences, i^osQ. LETTERS PATENT {see Patents, post; and also Companies, ante). LICENCES. Lessor to Lessee. Licence from a lessor to his lessee to assign or underlet. Ditto. Licence by lessor to assign lease. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Licence from a lessor to a lessee to assign by way of mortgage. Licence to exercise a trade, in waiver of a restriction contained in a lease or other instrument. Ditto. Licence to exercise a particular trade in waiver of a re- striction contained in a lease, and to alter the premises accordingly, lessee engaging to restore the premises to the same state. Licence by lessor to lessee to permit sale by auction on premises. Lord to Copyhold Tenant to Demise. Licence by the lord to a copyholder to demise copyhold premises. Ditto (general). Ditto. Ditto. Ditto. Ditto. Licence by a lord of a manor to his copyhold tenant to lease for twenty-one years. Licence by lord of manor to copyhold tenant to demise by way of lease, but not of mortgage, a particular tenement." Power to enable successive tenants for life of a manor to grant licences to demise to copyholders. Digitized by Microsoft® 2 Wilde, 601. 1 Crabb, 1115. Andr. 157. Moore, 176. Woodf. 1042. Wilk. 125. Green. 295. 2 Prid. 595. Dav. Con. 292. Wilk. 126. 2 Wilde, 613. 2 Crabb, 1116. 4 Chit. 193. Green. 287. 2 Wilde, 603. 1 Hug. 397. „ 460. 2 Piatt, 816. 2 Scriv. 833. 2 Crabb, 1117. 2 Prid. 596. 2 Piatt, 816. 2 Scriv. 892 Q 2 228 LIMITATIONS. 24 25 26 27 28 29 .SO 31 32 33 34 35 36 37 38 39 40 41 42 43 44 To Cut Timber. Licence from the lord to a copyhold tenant to fell timber. Ditto. Licence to fell timber. Prom Creditor to Debtor. Letter of licence from a creditor to a debtor. Ditto. Ditto. Ditto. Ditto. Letter of licence to two debtors from their joint creditors Letter of licence from several creditors to a debtor. Ditto. Letter of licence to debtor to carry on his business under the superintendence of a trustee for the benefit of creditors, {see also Inspectorship deeds, ante). To Search for Minerals. Licence to search for minerals. Agreement or licence authorising a search for minerals for the space of one year. Licence to stream for tin in the counties of Cornwall and Devon. Miscellaneous. Licence by mortgagees to a mortgagor to grant a lease. Form of a licence in mortmain granted to a college in Oxford. Licence by the Board of Trade to a joint stock company to purchase and hold lands. Licence from justices at special sessions for the high- ways for a surveyor to dig, &c., materials upon inclosed lands, for the repair of highways. Licence from justices at a special sessions for the highways to get materials for the repair of the highways in another parish besides that wherein such materials are to be employed. Grant of a licence to use a patented invention. Licences to use patents, see Patents, post. LIEN {see MoETGAaES, post). LIFE ANNUITY {see Annuities, ante). LIMITATIONS {see Uses and Trusts, post). 2 Wilde, 611. 2 Scriv. 833. 2 Crabb, 1118. 2 Wilde, 605. Wilk. 121. Moore, 172. 2 Orabb, 1114. 5 Dav. 949. Wilk. 123. 1 Crabb, 579. 1 Jones, 372. Sills, 88. Eog. 610. 1 Hug. 462. 5 Dav. 394. Wilk. 126. Shel. Mort. 891. Sweet, L. L. 214. Wool. W. 564. „ 565. 2 Prid. 631. Digitized by Microsoft® MEMORIALS. 229 LIMITED ADMINISTRATION (see Administeation, ante). LIMITED LIABILITY (see Companies, ante). LITERARY PROPERTY {see Copyright, ante). LOCAL ACTS OF PARLIAMENT {see Paeliamentart Forms, ^osi). LODGINGS {see Contracts for Letting, ante). MARINE INSURANCE (see Tohicms, post). MARRIAGE SETTLEMENTS (see Settlements, ^osO- MARRIED WOMEN. AcknowledgmeBts of, see Acknowledgments, ante. Appointments by, see Appointment, ante. Wills of, see "Wills, post. MASTER AND SERVANT (see Principal and Agent, post). MEMORANDUM OF ARTICLES OF ASSOCIA- TION (see Companies, MEMORIALS. Generally. 1 General form of a memorial of a deed. 2 Ditto. 3 Ditto. 4 Ditto (short form). 5 Form of memorial of an endorsed deed. 6 Ditto. 7 Ditto. 8 Ditto. 9 Ditto. 10 Form of memorial in cases where the premises intended to be affected are expressed in the operative part of the deed by reference to preceding recitals. 11 Ditto. 12 Ditto. 9 Jar. 694. Dibb, 8. Smith, P. C. 191. Mad. 394. 2 Prid. 586. Dibb, 10. Smith, P. C. 192. Mad. 397. Green. 298. 2 Prid. 585. Smith, P. C. 192. 2 Rouse, 502. Digitized by Microsoft® 230 MEMORIALS. Generally — continued. 13 Memorial where original deed has been registered. 14 Memorial where original deed has not been registered. 15 Memorial to register a deed after all or any of the parties are dead. 16 Memorial to register a deed previously executed by all parties, where there is a difficulty to procure the attendance of any of the original witnesses. Of Conveyances. 17 Memorial of a deed of conveyance of freeholds. 18 Ditto. 19 Ditto. 20 Ditto (by lease and release or by appointment and release). {a) Memorial of an assignment of a term to attend the inheritance, written under the memorial of the last deeds. .21 Ditto (by lease and release, with variations). 22 Ditto. 23 Ditto. Of Leases. 24 Memorial of a lease for registration. 25 Ditto. 26 Ditto. 27 Ditto. 28 Ditto. 29 Ditto. 30 Ditto. 31 Ditto (with variations). 32 Memorial of a lease, the lease being executed by the lessor and a counterpart by the lessee. 33 Memorial of the assignment of a lease. 34 Ditto. 35 Ditto. 36 Ditto. 37 Ditto. 38 Ditto (with variations). 39 Ditto (by indorsement). 40 Memorial of an assignment of lease, the lease being previously registered. 41 Memorial of an assignment by deed poll endorsed on a lease already registered. Of Mortgages. 42 Memorial of a mortgage in fee. 43 Ditto (by lease and release). 44 Ditto. 45 Ditto. 46 Ditto (for term). 47 Ditto. 2 Eouse, 503. „ 504. 1 Jones, 381. „ 381. 2 Prid. 584. 1 Eouse, 460. Green. 296. 1 Jones, 378. 379. 2 Wilde, 637. H. L. F. 121. Mad. 398. 2 Piatt, 817. 1 Jones, 375. Woodf. 1044. 1 Eouse, 462. Green. 296. Andr. 158. Mad. 395. 2 Wilde, 636. 1 Jones, 376. Woodf. 1044. 1 Bouse, 462. Green. 297. Andr. 160. H. L. F. 116. 2 Wilde, 621. 1 Eouse, 463. 1 Jones, 376. „ 377. 1 Eouse, 461. 1 Jones, 379. Mad. 396. Green. 297. 1 Eouse, 461. 1 Jones, 380. Digitized by Microsoft® MEMORIALS. 231 Of Mortgages — continued. 48 Memorial of a mortgage by underlease. 49 Memorial of a mortgage by way of underlease, registered at the same time as the lease, and written under the memorial thereof. 50 Memorial of a further charge. 51 Memorial of the transfer of a mortgage for the Middlesex registry. 52 Memorial of a letter accompanying an equitable mortgage 53 Memorial of the same writing (short form). Of Annuities. 54 Memorial, to be registered, of the grant of an annuity. 55 Ditto. 56 Ditto. 57 Ditto. 58 Form of memorial of an annuity charged on freehold or leasehold lands, in Middlesex or Yorkshire, to be registered in the particular registry of the county where the lands, &c., are situated. 59 Memorial of annuity to be enrolled. 60 Ditto, 53 Geo. III. c. 141. 61 Ditto. Of Judgments. 62 Memorial of a judgment. 63 Ditto. 64 Ditto. 65 Ditto, with the affidavit. 66 Ditto. Of Wills. 67 Memorial of a will. 68 Ditto. 69 Ditto. 70 Ditto. 71 Ditto. 72 Ditto. Miscellaneous. 73 Memorial of an appointment under a power contained in a marriage settlement or will. 74 Memorial of the appointment of trustees. 75 Memorial of a marriage settlement. 76 Memorial of an assignment of an outstanding term to attend the inheritance. 77 Memorial for the registering of a charitable donation. 78 Memorial of a charity given to a parish. 79 Memorial to the bank of England by a foreigner request- ing the discount of bills. 1 Eouse, 463, 9 Jar. 696. 2 Wilde, 626. H. L.F. 110, Mad. 399. „ 400. 2 Wilde, 617. 2 Bone, 181. 1 Jones, 383. Mad. 397. Kelly, 175. 2 Jar. 437. 2 Wilde, 618. 1 Jones, 385. 2 Wilde, 634. 9 Jar. 697. 1 Jones, 382. Dibb, 18. Kelly, 176. 2 Wilde, 642. 9 Jar. 698. Dibb, 16. 1 Jones, 382. 1 Rouse, 464. 2 Prid. 586. 2 Wilde, 620. Dibb, 12. H. L. F. 164. 2 Wilde, 623. „ 627. „ 629. „ 631. Digitized by Microsoft® 232 MEMORIALS. MiscBLLAiTEOUS — continued. 80 Memorial of an exchange at common law (with yaria- tions). 81 Memorial of a statute (with variations). 82 Memorial on appointment of assignees. 83 Memorial to Commissioners of Inland Eevenue to stamp a deed without or with a mitigated penalty. 84 Meaiorial to Commissioners of Inland Eevenue to stamp a deed after an alteration in the date. 85 Memorial for obtaining rewards, due upon the Queen's proclamation. 86 Memorial for the grant of a certificate of naturalisa- tion. 87 Memorial of a receipt or discharge, endorsed upon a mort- gage to a building society. 88 Memorial of the fact of recording land. 89 Memorial of the fact of closing the record. 90 Memorial of Landed Estates Court (Ireland) conveyances and declarations of title. AflldaTits and Certificates in reference to Memorials. 91 Affidavits of the execution of deed and memorial. 92 Ditto. 93 Ditto. 94 Ditto (by the same witness). 95 Ditto (for different persons). 96 Affidavit of the execution of a deed to be registered at full length. 97 Affidavit of the execution of the memorial of a will. 98 Ditto. 99 Affidavit of the signing and publishing of a wiU to be registered at full length. 100 Forms for the registering of deeds in Ireland, executed in Great Britain. 101 Affidavit of a certificate to discharge a mortgage. 102 Ditto. 103 Affidavit of a certificate to discharge a judgment. 104 Ditto. 105 Form of affidavit of ownership. 106 Certificates of the appointment of assignees in bankruptcy and insolvency. 107 Certificate to discharge a mortgage. 108 Ditto. 109 Ditto. 110 Ditto. 111 Certificate to discharge a judgment. 112 Ditto. 113 Memorandum of satisfaction of judgment, mortgage. 114 Affidavit to be substituted for personal attendance on registration. 115 Memorandum to be endorsed on the memorial where deed and memorial executed in the country. 2 Wilde, 633. „ 639. Dibb, 16. Wilk. 127. „ 128. Moore, 177. Wilk. 129. Dibb, 14. Mad. 401, „ 402. „ 403. Dibb, 27. 1 Rouse, 465. 1 Crabb, 55. Mad. 404. J» 404. Dibb, 29. )) 30. 1 Rouse, 465 Dibb, 31. Mad. 405. Dibb, 33. JJ 34. J) 35. >J 36. Mad. 407. )) 403. 1 Jones, 384. Dibb, 20. 9 Jar . 697. Mad. 406. Dibb 23. )J 25. Mad. 409. 2 Piatt, 818. Greer .298. Digitized by Microsoft® MORTGAGES. 233 MERGER. 1 Merger of a rent-charge in lieu of tithes. 2 Surrender by way of merger of a term of years. 3 Surrender of a term by indorsement. 4 Surrender of a mortgage term to merge in the inheritance. 5 Ditto (by indorsement). 6 Grant of rectorial impropriate tithes of specific lands to the owner of the lands, in order that they may merge. Proviso as to land tax, &c. Merger of tithes, see Tithes, post. MILLS. Conveyances of, see Conveyances, ante. Leases of, see Leases, ante. MINES AND MINERALS. Conveyances of mines and minerals, see Conveyances, ante. Leases of mines and minerals, see Leases, ante. Mortgages of mines and minerals, see Mortgages, post. Keservation of mines and minerals, see Exceptions, ante. MINING COMPANIES {see Companies, ante). MORTGAGES. Agreements for Mortgages, and Equitable Mortgages. 1 2 3 4 5 6 7 1 Prid. 350. 2 Jones, 262. „ 264. „ 265. 2 Crabb, 1505. 9 Jar. 503. 10 11 12 13 14 15 16 Agreement for mortgage. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto (of freehold estate). Ditto (of leaseholds). Agreement for mortgage of freehold and leasehold pro perty, accompanied by deposit of lease. Agreement as to mortgage of shares. Ditto. Agreement to charge lands with the payment of a debt previously owing. Agreement to charge lands with the payment of a sum of money secured by bond. Agreement for mortgage and bond for securing £ — prin- cipal money and interest, accompanied by a deposit of lease. Agreement for the loan of a sum of money on mortgage. Ditto, with provisions for continuing the loan for a time certain, and for the appointment of a receiver. Hayes, 186. R. P. M. 24. Bate. 350. 2 Dav. 80. Green. 145. Smith, P. C. 193. 2 Hug. 3. Dav. Con. 57. 1 Prid. 585. Hayes, 511. Mil. 269. 1 Wilde, 87. 1 Jar. 652. C. 20. 1 Prid. 96. „ 98. Digitized by Microsoft® 324 MORTGAGES. Agkeements foe Mortgages, and Equitable Mobtgages — continued. Agreement for the deposit of deeds relating to two estates mortgaged to different mortgagees. Ditto. Agreement for the deposit of deeds relating to an estate mortgaged to two mortgagees successively. Ditto. Agreement to execute a mortgage of a contingent estate tail. Agreement with an intended mortgagee to exercise a power of charging. Agreement for a mortgage (the mortgagees being trustees of stock) providing that the stock shall be sold, and the proceeds invested in exchequer bills, which, on com- pletion of the mortgage, are to be taken by the mort- gagor. Agreement that a person shall hold title deeds as a deposit and for a mortgage at some future time. Agreement for a mortgage, with a deposit of title deeds. Agreement to secure payment of debt, with interest, and to execute a legal mortgage. 27 Agreement to secure further advances. 28 Agreement for lien on deposit, with power of sale. 29 Ditto. 80 Agreement for general lien. 31 Ditto. 17 18 19 20 21 22 23 24 25 26 32 33 34 35 36 37 38 39 40 41 Agreement for the deposit of deeds by way of mortgage. Agreement for a transfer of mortgages, and a further advance. Declaration of trust of exchequer bills purchased with the proposed loan, pending the investi- gation of the title. Guarantee to bankers. Mortgage by deposit for securing an account current. Memorandum of deposit of title deeds with a joint-stock banking co., to secure a balance of account current. Equitable mortgage to a joint stock bank for securing an account current, with interest varying with the bank rate. Memorandum of deposit of title deeds to secure a given sum and charge on the property comprised in the docu- ments deposited, and agreement to execute legal mort- gage if required. Memorandum of deposit of title deeds to secure a given sum and future advances, and charge on the property comprised in the documents deposited, and agreement to execute legal mortgage if required. Equitable mortgage by the deposit of title deeds, with agreement to execute a legal mortgage when called upon. Equitable mortgage by deposit of title deeds, with a proviso that upon mortgagor's completing certain buildings then in course of erection on a portion of the premises, mortgagee will deliver up the title deeds relating to the other part of the property. 2 Dav. 12 Dav. Con. 76. 501 2 Dav. Sweet, 503 1278. 61. 2 Dav. 90 ,, 96. 1 Crabb, 124. „ 125. Bate. 381. „ 382. R. P. M. 30. Bate. 20. R. P. M. 30. Bate. 21. Dav. Con. 229. 2 Dav. 92. Hayes, 507. „ 508. 1 Prid. 590. Hayes, 509. 1 Prid. 588. „ 589. 2 Hug. 13. „ 19. Digitized by Microsoft® MORTGAGES. 235 Agreements for Mortgages, and Equitable Mortgages ■ — continued. Equitable mortgage. Ditto. Memorandum to accompany deposit of title deeds as a security for money. 'Equitable mortgage. Equitable mortgage in fee, accompanying a deposit of title deeds. (Variation where the property is leasehold.) Short equitable charge of lands already in mortgage. Memorandum of deposit of title deeds. Ditto. Ditto, in the form of a schedule. Ditto, freeholds or copyholds. Ditto, leaseholds. Ditto, (a shorter form). Ditto, freeholds or copyholds and leaseholds. Equitable charge for securing principal and interest. Memorandum made by a witness on a deposit of title deeds with bankers to secure a sum then advanced, and also future advances. Memorandum, in which a depositor acknowledges that he has deposited his deeds, and undertakes to execute a mortgage on request. Memorandum made by a witness upon a deposit of railway shares to secure a present advance, a pre-existing debt, and future advances. Equitable mortgage of interest under a contract to secure a present debt and future advances. Equitable mortgage by partners of premises subject to a prior legal mortgage. Equitable mortgage by mortgagee, of interest under his mortgage security, and giving priority. Equitable mortgage of deeds, given with a promissory note. Equitable mortgage on deposit of a copy lease by publican with his brewer charging a lease deposited with third person for lessor, lessee and mortgagee. Form of memorandum for an equitable mortgage of free- holds or copyholds to partners. Acknowledgment on deposit of deeds. Acknowledgment of debt, and agreement to execute a mortgage when called on to do so. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Notice to the secretary of a railway company of an equi- table mortgage by a deposit of the share certificates and directing a transfer. Freeholds. 66 Mortgage in fee, with power of sale to one mortgagee. 67 Ditto. 68 Ditto. 69 Ditto (concise form). 70 Ditto. 71 Ditto (short form). Prior, 110. Wilk. 92. 2 Bone, 379. 6 Jar. 234. Sweet, 60. 2 Crabb, 1193. 1193. Mil. 265. „ 266. „ 267. „ 268. Lang. Ap. 11. 2 Hug. 22. 25. 26. Wilk 87 J) 89. 91. 93 „ 95. Mil. 267. Bate. 381. „ 382. 2 Hug. 28. Dav. Con. 138. 2 Dav. 857. Ship. 471. „ 468. 0. 84. „93. Digitized by Microsoft® 236 MORTGAGES. 72 73 74 75 76 77 78 79 80 81 82 83 8i 85 86 87 89 90 91 92 93 94 95 96 97 98 Fbeeholds — continued. Mortgage in fee, with power of sale. Ditto. Ditto. Ditto. Ditto (by lease and release). Ditto (general precedent). Ditto. Ditto, with attornment by mortgagor. Ditto. Ditto. Mortgage of freehold house to one mortgagee. Mortgage of freeholds, the principal payable by instal- ments, and the interest at the same time as the instal- ments. Mortgage of freeholds, the principal payable by instalments, and the interest on the unpaid principal half-yearly, without reference to the time fixed for the instal- ments. Mortgage of freehold houses to two mortgagees. Mortgage in fee, with power of sale to several. Mortgage in fee to three persons, who advance the money on a joint account. Power of sale. Attornment by mortgagor ; the wife of the mortgagor joins to postpone her right of dower. Mortgage in fee of freeholds to persons lending money on a joint account. Mortgage of freeholds to three owners. a. Memorandum as to ownership of the mortgage money secured by the preceding deed. Mortgage in fee of a dwelling house and buildings, with provisions for insurance against fire to persons lending money on a joint account. Mortgage in fee to persons lending money on a joint account, with provisions for reducing the rate of interest in case of punctual payment, and for continuing the loan for a time certain. Mortgage of freeholds to several, with covenant to insure against fire, and provisions for continuing loan for a term certain (a paragraph form). Mortgage in fee. (A short form, omitting the power of sale in reliance on the power contained in Lord Cran- worth's Act.) Mortgage of land, with a provision, adopting, with certain variations, the power to appoint a receiver, conferred by Lord Cranworth's Act. Mortgage in fee, with power for the mortgagor to grant leases for twenty-one years, and also building leases for ninety- nine years. Mortgage of freeholds by grant (common form with full powers). Ditto (short form). Mortgage of freehold settled estates for a term, by ap- pointment. (Variations for mortgage in fee.) 1 Prid. 440. Lewis, 247. Prior, 90. „ 298. 2 Bone, 201. 2 Crabb, 1131. 1 Jones, 399. Prior, 104. Hayes, 383. 1 Prid. 481. Green. 318. Prior, 104. „ 105. Green. 322. Dav. Con. 145. 2 Dav. 871. 1 Prid. 446. Prior, 113. „ 114. 1 Pric 1. 450. iJ 451. i) 453. }y 561, ?j 548. „ 549. Hous. 133. „ 134. „ 165. Digitized by Microsoft® MORTGAGES. 237 99 100 101 102 103 104 105 106 107 108 109 110 111 112 Freeholds — continued. Mortgage by appointment and grant, with power of sale (concise form). Ditto. Ditto. Ditto, and provision for payment of mortgage money by instalments. Mortgage in fee by appointment, grant and release, with power of sale, and usual covenants, and additional and substituted clauses adapted to various circum- stances. Short form of mortgage by appointment, grant and release, with power of sale, and usual mortgage covenants ; additional covenants where the mortgagor is to covenant to insure against fire; also where vendor agrees to accept reduced rate of interest on punctual payment. Variation where the assurance is only a simple appointment. Mortgage by way of grant and release. Variation where the assurance is made by husband and wife, the latter concurring for the purpose of barring her title to - dower. Mortgage in fee by appointment and release of freehold hereditaments, powers of sale and leasing to the mort- gagee, and trusts of the money arising, and covenant by mortgagor to insure; in default, mortgagee to insure mortgaged premises. Mortgage in fee, by appointment and lease and release, with power of sale. Mortgage by appointment (or, by lease and release), for a term of years, and also in fee, with power of sale and other powers. Mortgage by demise, of a messuage, with common clauses, including a covenant to insure against fire ; produce receipts for premiums, &c. Mortgage in fee, by lease and release, with usual clauses. Power to the mortgagee to lease. (Variation where mortgage is made to secure a debt already due, and future advances. Also, where a power is given to the mortgagor to lease.) Mortgage in fee by appointment, with usual clauses, and a trust for sale in default of payment. Special power, before sale, to let and receive rents. (Variations where a release is added to the appointment, and where the principal sum is payable in a future year, with interest half-yearly in the meantime.) Special power to the mortgagee to appoint receivers and other agents. Mortgage for a term of years by appointment and demise, and assignment of a policy of life insurance to two persons jointly being trustees; principal payable in a future year, and interest half-yearly in the mean- time. (Variation, where the loan is of stock in the Public Funds.) 2 Crabb, 1150. 1 Jones, 386. Hous. 131. 1 Prid. 480. 2 Hug. 31. 44 „ 51. 2 Bone, 210. 2 Hay. Intr. 119. 134. 5 Jar. 543. „ 551. „ 560. „ 573. Digitized by Microsoft® 238 MORTGAGES. 114 115 Feeeholds- 113 Mortgage, by appointment and Release in fee, to such uses as the mortgagee, his executors, administrators, or assigns, in exercise 'of the power of sale hereinafter contained, shall (within the period prescribed by the rule against perpetuities) appoint, and, in default of appointment, to the mortgagee, his executors, &c., for one thousand years; subject thereto, to the pre- existing uses. Power of sale, with usual discretionary authorities. Ordinary mortgagor's covenants. Mortgage in fee, by appointment and release, for the pur- pose of raising money to pay the debts of the last owner, who devised the lands to the mortgagor, charged with his debts. Mortgage in fee by lease and release of manors, &c. ; former mortgage paid off. Proviso, that if interest is regularly paid, to accept a lower rate, and the mort- gage money not to be called in for a certain period, with other special clauses relating to the payment of interest, and a power of leasing given to the mort- gagor ; mortgagor and former mortgagee to new mort- gagee. 116 Mortgage, by appointment and grant of a fee farm rent to several mortgagees, with usual covenants. Declara- tion that mortgagees have advanced their money in certain proportions. (Variation, where the principal is to be repaid by instalments.) 117 Mortgage in fee by appointment and release to several mortgagees as joint tenants, to secure the repayment of money jointly advanced by them (as trustees of a settlement) ; mortgagor, and trustees to mortgagees. 118 Mortgage in fee by lease and release to two mortgagees, one of whom advances two-thirds, and the other one- third of the mortgage money; the estate being limited to them in corresponding proportions ; mort- gagor to mortgagees. 119 Mortgage in fee to two mortgagees, advancing the money in equal proportions, the estate being limited to them in undivided moieties. (Variation where each mort- gagee takes a term in one moiety, and the fee in the other). The mortgage money is paid into the Bank of England in the name of the Accountant-General, pursuant to an order of the Court of Chancery. 120 Mortgage in fee by appointment and release to two mortgagees, who advance the mortgage money in equal shares ; the estate being so limited that each mortgagee takes a term in one moiety of the estate and the fee in the other moiety ; mortgagor and trustee to mortgagees. 121 Ditto. 122 Mortgage of fee simple lands, and of lands in settlement subject to a power of appointment, the money being advanced in distinct sums by two sets of mortgagees. Power of sale. Proviso as to the order of liability 5 Jar. 593. 6 Jar. 29. 2 Bone, 236. 6 Jar. 32. 2 Bone, 253. 260. 6 Jar. 39. 2 Bone, 271. 2 Hug. 107. Digitized by Microsoft® MORTGAGES. 239 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 Feebholds — continued. between the mortgagors and the estates. Trusts of the money arising from the sale of the settled estates. A short form of a mortgage, with trusts for sale, where the money is advanced for a limited time by two persons. Appointment by a feme covert, of rents payable to her for her separate use during her life, for securing the interest of a sum advanced to her son. Assignment by the son of his share of the purchase-money to arise from a sale of the lands after his mother's death ; and assignment of a policy of insurance, effected on his life, by way of mortgage, for securing money advanced to the son. Mortgage of lands in exercise of a general power of appointment. Ditto. Mortgage in fee by appointment. Provisoes for reduc- tion of interest upon punctual payment, and for con- tinuance of loan for a certain time. Power of distress. Assignment of a policy of fire insurance, and covenant for payment of premiums. Mortgage in fee by appointment under several powers and grant. The creation of the powers being referred to in a schedule, instead of being recited. Mortgage of property comprised in an agreement for a lease. Mortgage of property comprised in a term of years, created by will for raising a specific sum. Multiple mortgage of freeholds, subject to a prior mort- gage. Mortgage in fee, subject to prior charges. Ditto. Mortgage in fee for an aggregate sum consisting of prior mortgage debts transferred to mortgagees, and fresh advance. Power for mortgagor to grant building and improving leases, and to grant sites for churches and schools. Mortgage in fee made with the concurrence of a prior mortgagee who postpones his securities. Ditto. Mortgage of freeholds to secure the re-transfer of stock, and the payment in the meantime of such sums as may be equal to the dividends thereof. Ditto. Ditto (by lease and release). Ditto. Ditto. a. Bond in the penal sum of £6,000 for the re- transfer of £3,000, three per cent, reduced bank annuities, and the payment of dividends in the meantime. Mortgage to secure the re-transfer of stock and the payment of interest on its value. The stock lent is 2 Dav. 950. Ship. 487. 6 Jar. 176. 1 Prid. 482. Ship. 485. 2 Dav. 883. )) 890. Hayes, 449. )) 460. „ 465. 2 Dav. 878. Dav. Con. 195 2 Dav. 892. „ 906. 1 Prid. 487. „ 506. 2 Dav. 1168. 2 Bone, 248. Dav. Con. 198. Coote, 590. 592. Digitized by Microsoft® 240 MORTGAGES. Freeholds — continued. standing in the name of the accountant-general of the Court of Chancery in trust in a cause, and is lent with the approbation of the Court. 2 Dav. 1173. 143 Mortgage to secure the re-transfer of stock lent, and pay- ment of interest on proceeds in the meantime. 1 Prid. 509. 144 Conveyance of freeholds where part of the purchase- money is retained by the purchaser, and secured by a mortgage for a term of years to the vendor. „ 511. 145 Conveyance of freeholds, by direction of purchaser, to a mortgagee, to secure part of the purchase-money. „ 512. 146 Mortgage in fee of a dwelling-house and buildings, with provisions for insurance against fire. „ 443. 147 Mortgage in fee with provisions for reducing the rate of interest in case of punctual payment, and for con- tinuing the loan for a time certain. „ 445. 148 Mortgage of lands under the trusts of a term for securing younger children's portions, where neither the por- tionists nor the freeholder concur. „ 535. 149 Mortgage by demise. 1 Jones, 391. 150 Ditto. Coote, 586. 151 Ditto, with usual covenants. 2 Hug. 54. 152 Ditto. 2 Bone, 299. 153 Mortgage for a term of years by way of use ; with powers of sale, and revocation of the uses; mortgagor to mortgagee and another. „ 304. 154 Loan of a stock secured by a mortgage of real estate with a covenant from the mortgagor to re-transfer, with usual powers of sale and covenants. 2 Hug. 151. 155 Mortgage of freeholds by way of condition or executory use. Lewis, 309. 156 Mortgage of freeholds, with surety joining in the cove- nants for payment of principal and interest. Prior, 108. 157 Mortgage where principal is to remain a specified time, with power of distress for interest. 1 Eouse, 257. Deeds of Collateral Security. 158 Conveyance of freehold lands by way of collateral security. 1 Prid. 562. 159 Ditto (by indorsement on the principal mortgage deed). „ 563. 160 Ditto. Sweet, 99. 161 Deed of collateral security. C. 143. 162 Collateral security by charge on the life interest of the mortgagor in certain funds, and covenant by him to insure his life if required. 2 Dav. 1069. 163 Conveyance in fee in trust for sale, to secure the balance for the time being due to mortgagees (a mercantile firm), from the mortgagor's son, for goods to be supplied to him upon credit (for which the deeds of the estate had been antecedently deposited). Joint and several covenants by principal and surety. Usual provisions, adapted to the case of a security by a surety, for a floating balance to a fluctuating firm. 6 Jar. 84. Digitized by Microsoft® MORTGAGES. 241 To Bankers. 164 Release in fee to bankers, upon trust for sale, for securing floating balance of account current. (Variations where the security extends to the, partners for the time being of the banking-house : also where it is limited to a definite sum.) 1G5 Mortgage to trustees of a Joint Stock Banking Co., to secure balance of account current. 166 Mortgage of freeholds by a member of a partnership firm to a firm of bankers to secure balance of an account current of the partnership firm with the bankers. Both members of one partnership firm covenant to pay principal and interest. 167 Mortgage of freeholds to secure an account current to a priyate bank, with variations for a banking company. 168 Mortgage in fee by lease and release to three bankers for securing a fioating balance; mortgagor to mort- gagees. 169 Mortgage by co-partners of a cotton mill and machinery to a joint stock bank, for securing an account current. 170 Mortgage to bankers to secure the balance of a running account. 171 Ditto (by way of trust for sale). 172 Ditto, with power of sale — copyhold. 173 Mortgagee in fee to bankers, with trusts for sale, for seciu-ing money already advanced, or which may in future be advanced. 174 Mortgage of freehold and copyhold to bankers for securing fioating balance, with power of sale by grant of freehold, &c., and conditional surrender. To secure Sum certain and Further Advance. 175 Mortgage in fee to secure a sum already due, and future advances. 176 Ditto. 177 Ditto. 178 Ditto. 179 Ditto. 180 Mortgage by a builder, to secure money to be advanced by instalments. '181 Memorandum of advance, under surrender of copyholds for securing future advances. 182 Mortgage of leaseholds by underlease, with security for future advances. 183 Mortgage of leasehold from builder, for securing money to be advanced by instalments. 184 Mortgage in fee by lease and release of freehold here- ditaments to secure a debt and future advances ; with covenant to insure in the name of the mortgagee. Power of leasing to mortgagee, and power of sale in default of payment of principal money and interest. 5 Jar. 613. 1 Prid. 518. „ 52]. Prior, 114. 2 Bone, 293. 2 Dav. 913. 2 Hug. 97. 4 Chit. 232. 1 Eouse, 246. 2 Crabb, 1154. 1 Rouse, 850. Lang. Ap. 4. 1 Prid. 516. 2 Hug. 94. 1 Rouse, 245. Prior, 106. 1 Rouse, 252. „ 321. „ 371. „ 372. 2 Bone, 224. Digitized by Microsoft® 242 MORTGAGES. To SECUEE Sum certain and Fuethbe Advance — continued. 185 Mortgage by a client to his attorney to secure a debt already due, and a further sum now advanced. Mortgage of unfinished houses, the amount to be advanced as the building proceeds. Mortgage of interest under agreement for lease, and of policies of assurance to secure loan and further advances. Mortgage to the same mortgagees as in the last precedent of interest under agreement for lease to secure moneys already due, and further advances to a limited amount to be made for the purpose of entitling the mortgagor to the lease. Certain intermediate incumbrancers join for the purpose of postponing their incumbrances. Mortgage by demise of the leaseholds referred to in the last two precedents, after grant of the lease thereof. The mortgage is made by indorsement on that from which the last precedent is taken. Mortgage in fee of plantations in the Island of St. Christopher, to secure a sum already advanced, and further advances to be made. Covenant by mortgagor to consign a certain portion of the produce to mort- gagees. Covenant by mortgagees to make advances on consignments in a given ratio. Power of attorney to acknowledge deed for the purpose of registry. 186 187 188 189 190 191 192 193 194 195 196 197 By Husband and Wife. Mortgage in fee, by the owner and his wife (having a contingent right of dower) ; limiting to the mortgagee a term of years, and to a trustee for sale, the fee simple subject to the term. Release in fee by husband and wife seised jure uxoris. Limitation of the equity of redemption to the appoint- ment of the husband and wife, and in default to them in fee. (Variation where mortgage is for a term.) Memorandum, certificate, and affidavit of acknow- ledgment by wife, to accompany mortgage. Appointment and release in fee by way of mortgage, by husband and wife, under a power of revocation and new appointment in their marriage settlement, where leases had been previously granted under a power in the settlement. Reservation of power of leasing to the mortgagors. Mortgage under a power, by husband and wife, by charge and appointment of a term, to secure moneys advanced by the trustees of a will under the direction of the Court of Chancery, a suit having been instituted pursuant to a direction contained in the will for that purpose. Mortgage in fee by husband and wife of lands belonging to wife. Ditto. Mortgage in fee of an estate of which the mortgagor and wife are seised in her right, subject to a limitation 2 Hug. 92. „ 148. 2 Dav, 1074. 1085. „ 1096. 6 Jar. 127. 5 Jar. 585. 603. 6 Jar. 199. „ 216. 1 Prid. 483. 1 Jones, 394. Digitized by Microsoft® MORTGAGES. 243 By Husbakb and Wife— continued. over by way of executory devise, on the death of the wife without children in the lifetime of a third party; a policy of assurance on the life of the wife being assigned by way of farther security. 198 Mortgage by husband and wife of an unlimited share in remainder of the wife in freehold lands, and of her reversionary and contingent share in a legacy, and also a policy of assurance, by way of trusts for sale of the share in lands to secure an existing debt and future advances. 199 Mortgage by two tenants in common for life, by demise for ninety-nine years determinable with their respective lives, for securing the payment of a sum and interest, by instalments. (Variation where the whole estates for life are conveyed to the mortgagee ; also where an insurance is effected on the life of one of the mortgagors, as a collateral security. A very concise form.) By Tmistees. 200 Mortgage by trastees of a term for raising portions with the concurrence of the portionists, and also of the tenant for life, under a re-settlement of the estates, who covenants to keep down the interest. 201 Mortgage by trustees of a term, with the concurrence of the tenant for life, for the purpose of raising a part of the expectant portion of a younger son for his advancement. 202 Mortgage in fee by trustees under the trusts of a will. Variation where the mortgage is of a term of years. 203 Mortgage of freeholds by trustees under a settlement of converted realty. 204 Mortgage of freeholds by donees of a power, with cove- nants by the tenant for life. 205 Mortgage by trustees of a term under a real settlement for raising arrears of a jointure and expenses. 206 Mortgage by the general trustees under a real settlement for securing the portions of younger children of the marriage. 207 Mortgage by the general trustees under a real settlement for securing the portions of children of a second marriage of the settlor. 208 Mortgage by the general trustees under a will for secur- ing the portions of the testator's younger children. 209 Mortgage by the general trustees under a will for securing the portions of the younger children of a tenant for life in possession. 210 Mortgage by executors and devisees in trust for pay- ment of debts of freeholds and leaseholds to secure mortgage debts owing by the testator, and transferred to the mortgagees and further advances. 211 Mortgage by trustees of an infant's estate for raising succession duty. Digitized by Microsoft® 2 Hug. 134. 1 Prid. 578. 6 Jar. 53. 1 Prid. 537. „ 538. 2 Hug. 112. Prior, 101. 102. 103. 225. 226. 227. 227. 2 Dav. 984. „ 1178. E 2 244. MORTGAGES. To Trustees. 212 Release of freeholds to a trustee for sale, with a power to appoint the fee to a purchaser. Power to appoint new trustees. Proviso for making the conveyance void, on payment of principal and interest within a fixed time. Adapted to the case of a loan by an alien. (A short form.) 213 Mortgage in fee by appointment (without a release) to a trustee for mortgagee ; covenant by mortgagee not to call in principal money for a given period, the interest being punctually paid. Also by mortgagor not to pay off principal money until such time. Power of distress for recovery of the interest. a. Warrant of attorney to confess judgment in ejectment (note). l. Defeasance (note). 214 Conveyance to a trustee for mortgagees, upon trust for sale (subject as to part of the property, to a prior mortgage for a term), to secure the payment of an existing debt by instalments. Trust for sale to be exercised in case of non-payment of any instalment, and also in case of non-payment of prior mortgage debt, when called in. Prior mortgage debt to be paid out of the proceeds of sale. 215 Conveyance in fee to trustees, in trust for immediate sale, to secure moneys due upon a subsisting mortgage, and costs incurred by certain proceedings at law and in equity, in relation to such mortgage. Costs to be ascertained by trustees as between attorney and client. Assignment by present mortgagee of term to attend the inheritance. (Variation where mortgage term is surrendered. Also where it is assigned by a separate deed, upon trust to attend the inheritance.) 216 Assignment of a fee farm rent to a trustee for mortgagees who advance money to trustees of a term of 500 years, created by the will of the last owner, for the purpose of raising money to pay debts and legacies. The de- visee in fee under the will (and who was also the heir- at-law) joins, and covenants for the payment of the money, &c. (Some rather special clauses.) 217 Assignment (indorsed on the preceding mortgage) by the trustee for the mortgagees, in pursuance of the trust of that deed. 218 Mortgage to trustees for two persons who advance the money in equal shares. 219 Mortgage of freeholds to trustees of a personal settle- ment. Memorandum as to the investment (indorsed). 220 Mortgage by demise to a trustee for securing certain expenses he had sustained under a deed of trust, in consideration of his discharging the property in general from his demand, the trusts having been performed, or become unnecessary. 5 Jar. 622. 6 Jar. 120. „ 124. „ 125. 65. 183. „ 205. „ 215. 1 Prid. 530. Prior, 223. Bird, 149. Digitized by Microsoft® MORTGAGES. 245 221 222 223 224 225 226 227 228 229 230 231 232 233 To Trustees — continued. Mortgage by limiting a term of years to the mortgagee, a term in reversion to a trustee for sale, and the fee simple, subject to the terms, to the mortgagee. By Tenants for Life. Mortgage by a tenant for life of his life estate and a policy of assurance. Ditto. Ditto. Ditto. Ditto. Mortgage of a life estate in lands and of policies of assurance to two persons, subject to a prior mort- 234 235 236 237 Mortgage of a life estate in freeholds, the owner of a prior rent-charge, joining as a collateral security, and a life policy being effected in the mortgagee's name. Mortgage of a life interest in personalty and a policy of assurance. Ditto. Ditto. Proviso for reduction of interest on punctual payment, determinable on the mortgage money being called in. Special life assurance covenants authorising the mortgagees to effect a whole world policy. Mortgage in fee, by tenant for life and remainderman, a subsisting debt being paid off out of the money now advanced, and term of 1000 years vested in such mortgagee assigned in trust to attend the inheritance, &c., for the benefit of the present mortgagee. (Yaria- tion where mortgage money is collaterally secured by a warrant of attorney.) a. Form of warrant of attorney to accompany mort- gage (note). h. Defeasance (note). Assignment of life interest in dividends of £2,000 three per cent, consols, and appointment of reversion in same stock by mortgagor's wife, upon trust for sale, for securing a sum of money and interest. Usual power of attorney, covenants, &c. Eecital of policy of insurance effected by mortgagee on life of mortgagor as a collateral security. Usual insurance. Covenants by mortgagor (a short form). Mortgage of a life interest in a settled fund of personalty, and appointment by the mortgagor's wife of a con- tingent reversionary interest in the same fund. With power of sale, and provision for insurance of the mort- gagor's life. Mortgage of a life interest in dividends. Mortgage for a term by way of charge and appointment, by a tenant for life, under a power in a settlement. (A short form.) Mortgage by demise, by tenant for life to raise money to Sweet, 73. Hayes, 405. Dav. Con. 185. 2 Dav. 1050. 1 Rouse, 239. Prior, 97. 1 Prid. 501. Prior, 99. 1 Prid. 499. Prior, 98. 2 Dav. 1056. 6 Jar. 91. „ 94. „ 95. „ 137. Sweet, 90. 1 Rouse, 389. 6 Jar. 195. Digitized by Microsoft® 246 MORTGAGES. 241 242 243 244 245 246 247 By Tenants for Life — . pay the expenses of an inclosure (in pursuance of the power in the General Inclosure Act). 238 Ditto. 239 A charge by a tenant for life of a sum of money upon lands by way of mortgage in virtue of a power. 240 Mortgage by appointment by father, tenant for life, and a son, tenant in fee, under a power of appointment ; the mortgage money being trust moneys advanced on a joint account. By Tenants in Tail. Mortgage by tenant in tail in possession, for term. Mortgage by tenant in tail in possession in fee, with power of sale. Mortgage by tenant in tail in remainder, with consent of protector, in fee. Ditto. Mortgage in fee, by a tenant in tail in remainder, after an absolute consent had been given by the protector of a prior settlement, with variations where the protector joins for the purpose of consenting to the mortgage, and power of sale. Ditto, by lease and release. Mortgage of plantation by tenant in tail to secure a sum of money, accepted in lieu of a larger sum due. Arrangement with legatees, annuitant, and bond creditors of mortgagor's testator. Covenant by mort- gagor to keep up plantations, stocks, &c. ; also to consign produce to a factor of mortgagee, who is to apply proceeds in paying annuity to mortgagor, or to his executors ; then in payment of interest on mort- gage money ; then of certain annuities to legatees (who, in case of deficiency are to abate pari passu). Surplus to go in liquidation of principal mortgage money. Covenant by mortgagee not to call in mort- gage money for ten years, if produce is consigned, &c. Declaration of trust of incumbrances assigned to attend the inheritance of these and certain other estates. (Also forms of acknowledgment of deed before the Lord Mayor, his certificate, &c.) 248 Release in fee by a tenant in tail, to be enrolled, being a mortgage for a term, with a limitation of the inheri- tance to uses for preventing dower. (Variation, where mortgagor is one of several tenants in common in tail in remainder, (with cross remainders), the tenant for life joining as protector for the purpose of enabling the mortgagor to acquire the fee simple.) Copyholds and Customary Estates. 249 Mortgage of copyholds. 250 Ditto. 6 Jar. 222. 2 Hug. 69. 2 Wilde, 289. 2 Hug. 103. 1 Rouse, 234. 235. Ship. 236. 482. Shel. R. P. 755. 2 Bone, 280. 6 Jar. 146. 192. Prior, 322. Hayes, 392. Digitized by Microsoft® MORTGAGES. 247 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 Copyholds and Oustomaey Estates — continmd. Mortgage of copyholds. Ditto. Ditto. Ditto (as a collateral security indorsed on a mortgage of freeholds). Ditto. Conditional surrender pursuant to covenant in last pre- cedent. Mortgage of copyholds partly subject to a prior mort- gage. Covenants for insurance against fire. Mortgage of copyholds by appointment under a power. Mortgage of copyholds. a. Memorandum of surrender subject to a proviso for redemption. i. Deed of covenants to accompany preceding sur- render. Mortgage of copyholds by surrender, with power of sale and proviso for insurance against fire, where no deed of covenant is executed, and the debt is further secured by a promissory note. Mortgage of copyholds held upon four lives successively, and assignment of a policy of assurance by way of additional security. Mortgage of copyholds held for three lives, with covenant, upon the dropping of either of the lives, to effect a policy of assurance upon the life of one of the survivors. Mortgage from copyholder ; by conditional surrender passed out of court, with deed of covenant on same. Mortgage from copyholder and wife, by conditional sur- render passed out of court ; with variations in deed of covenant. Same, by conditional surrender passed in court, after certificate of consideration ; with variations in deed of covenant. Mortgage from copyholder and wife, with power of sale ; by conditional surrender and deed of covenant. Mortgage, with provisions as to life assurance, by sur- render and deed of covenant. Mortgage by surrender to uses and deed of covenant. Mortgage to secure present and future advances, by con- ditional surrender and deed of covenant. Mortgage to secure payment of existing debt by instal- ments ; by conditional surrender and deed of covenant. Mortgage to trustees, or parties as joint tenants, by con- ditional surrender and deed of covenant. Mortgage to bankers for securing floating balance, by conditional surrender, and deed of covenant. Mortgage to two persons as tenants in common, by con- ditional surrender and deed of covenant. Mortgage to two persons advancing money in different shares, by conditional surrender and deed of covenant. Mortgage of wife's copyholds, by conditional surrender and deed of covenant. Dav. Con. 151 Ship. 469. 1 Prid. 456. Hayes, 2 Dav 525. 960. )» 9C.3. Sweet, Lewis, 964. 82. 300. jj 300. !) 301. Sweet, 83. 2 Hug .212. :j 217. 1 Eouse, 270. 271. 272. 273. 275. 278. 279. 280. 281. 284. 287. 290. 293. Digitized by Microsoft® 248 MORTGAGES. Copyholds and Customary Estates — continued. 276 Mortgage from tenant in tail in possession, by condi- tional suiTcnder and deed of coTcnant. 277 Mortgage from tenant in tail in remainder, with consent of protector ; by conditional surrender and deed of covenant. 278 Same, without consent, of base fee, by conditional sur- render and deed of covenant, with assignment of life policy. 279 Mortgage from tenant for life and remainderman in. fee, by conditional surrender and deed of covenant. 280 Mortgage from tenant for life, by conditional surrender and deed of covenant, and assignment of life policy. 281 Mortgage of copyholds held on lives, by conditional sur- render and deed of covenant. 282 Mortgage of remainder or reversion in copyholds, by conditional surrender and deed of covenant. 283 Mortgage of moiety or other share, by conditional sur- render and deed of covenant. 284 Mortgage of copyholds on several manors. (Variations in the surrender stated, and form of deed of covenant.) 285 Conditional surrender out of court of a copyhold of inheritance reserving to the mortgagee a general power of appointment. 286 Ditto. 287 Conditional surrender. 288 Ditto. 289 Ditto. 290 Ditto. 291 Ditto. 292 Ditto. 293 Ditto (into the hands of a deputy steward). 294 Ditto. a. Deed of covenant to accompany same. 295 Surrender by husband and wife of copyhold lands by way of mortgage. 296 Deed of covenant to accompany a conditional surrender of copyholds, with a power of sale and usual covenants. 297 Ditto. 298 Deed of covenants to accompany a conditional surrender of copyholds. 299 Ditto. 300 Ditto. 301 Ditto. 302 Ditto, mortgagees lending on joint account. 303 Covenant to surrender copyholds of inheritance, with usual powers of sale. (Variation where the surrender is to be made by attorney.) 304 Deed (accompanying a conditional surrender of copy- holds) containing covenants for payment of principal and interest, and declaring trusts for sale in default of payment. Also covenants for title. (Variation 1 Eouse, 295. 297. 299. 302. 305. 308. 310. 312. 314. 6 Jar. 17. Sweet, 79. Dav. Con. 153. 1 2 2 1 2 2 Prid. 459. Hug. 194. Crabb, 1169. Eouse, 317. Dav. 361. Scriv. 839. Green. 237. 238. 2 Jones, 261. 2 Hug. 197. Sweet, 80. 2 Crabb, 1170. 2 Scriv. 865. 1 Eouse, 315. 2 Bone, 314. Hous. 137. 2 Hug. 201. Digitized by Microsoft® MORTGAGES. 249 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 Copyholds and Otjstomart Estates — continued. where mortgage is made to a solicitor as a security for costs.) Covenant to surrender copyholds of inheritance by way of mortgage. Variation where there is a prior mortgage. Bond to accompany a conditional surrender of copy- holds. Ditto. Ditto (note). Defeasance in a surrender of copyholds to which the mortgagee has been actually admitted tenant. Warrant to enter satisfaction on a conditional sur- render. Declaration of the uses of a surrender of copyhold pre- mises, where part of the purchase-money is to be allowed to remain upon mortgage. Leaseholds. Mortgage of leaseholds (with covenant to insure). Ditto [by demise, freehold or leasehold]. Ditto. The lease not being recited and the powers of sale and iusurance being supplied by reference to the statute 23 & 24 Vict. c. 145. Mortgage of leaseholds, by demise. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto, with power of sale and covenant to assign the reversion. Ditto. Power of sale with declaration of trust of the reversion which remains in the mortgagor. Mortgage by demise for part of a term of years for securing a portion. Mortgage of property comprised in several leases by assignment. Powers of sale, letting, and granting underleases. Mortgage of two leases of mines with the licence of the lessor. Power of sale. Provisions for payment of the mortgage money by instalments, and for the postpone- ment of the payment of instalments in certain events. Eelease by one of the lessors of a former breach of covenant. Mortgage of leaseholds for a sum certain and further advances. Mortgage of leaseholds for a sum certain. Mortgage of demised leaseholds to trustees. Mortgage by way of underlease, with a trust for sale (a short form). Mortgage of leaseholds by underlease, an inconsiderable reversion being left in the mortgagor to prevent the 6 Jar. 21. „ 11. 2 Hug. 207. 2 Crabb, 1174. 6 Jar. 18. 2 Hug. 210. 2 Scriv. 842. 2 Hug. 221. Dav. Con. 154. Sweet, 64. Day. Con. 161. Hous. 141. Prior, 90. 1 Eouse, 369. H. L. F. 99. 1 Prid. 460. 2 Bone, 321. Sweet, 77. 2 Dav. 971. „ 1008. 1 Prid. 464. 2 Day. 1015. Green. 307. „ 311. Prior, 224. 5 Jar. 653. Digitized by Microsoft® 250 MORTGAGES, 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 Leaseholds — continued. mortgagee from becoming liable to the rent and cove- nants reserved and contained in the original lease (a short form). Mortgage by v^ay of underlease, with usual covenants, and covenants to insure against damage by fire. Variation, vehere there is to be a power to distrain for the interest. Mortgage by way of underlease for the residue of a term of ninety-nine years, (excepting the last day of the term) ; and assignment of a policy of assurance in the Law Property and Life Assurance Society, by way of collateral security. Mortgage of leasehold tenements by way of assignment. Yariation where the lease is renewable. Also, where a policy of assurance upon one of the lives whereon the said lease is determinable, is assigned by way of collateral security. Underlease, with trust for sale, as an additional security for a debt antecedently secured by bond, and to insure the payment of rent and performance of covenants of original lease. Covenants by mortgagor to pay rent, and perform covenants of original lease until a sale ; also for title, and further assurance, specially adapted to the case of an underlease made saleable. Covenant by mortgagee that money shall remain on security for seven years, interest, rent, and covenants being paid and performed ; by mortgagor, not to redeem until a certain time. Declaration negativing implied warranty of title by mortgagor as to purchasers. Mortgage of leaseholds by way of underlease, mortgage money to be repaid by instalments. Mortgage of a leasehold estate for lives to two mort- gagees, who make the advance on a joint account, with provisions for renewal. Mortgage of leaseholds by assignment. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. (Variations when made by underlease.) Ditto, covenant to pay rent, perform covenants in lease, insure against fire, &c. Assignment of leasehold hereditaments upon trust to sell^for securing part of the purchase-money on a conveyance of the same. Vendor and purchasers to trustees. Ditto. Assignment of leasehold hereditaments upon trust to sell for securing a sum of money. Power to lease and covenant to insure ; mortgagor to mortgagee. Assignment of leasehold hereditaments upon trust to sell 5 Jar. 657. 2 Hug. 157. „ 171. 164. 6 Jar. 1. Hayes, 412. 1 Prid. 468. Lang. Ap. 7. Ship. 479. Hous. 140. Prior, 91. 1 Rouse, 370. 5 Jar. 645. Sweet, 75. 1 Jones, 403. 5 Jar. 626. 2 Bone, 826. 6 Jar. 75. 2 Bone, 334. Digitized by Microsoft® MORTGAGES. 251 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 Leaseholds — continued. and pay a debt and future advances. Mortgagor to mortgagee. (Short form.) Mortgage of a leasehold for a term of years by assign- ment. (Variations where it is by underlease i also, where there is a power of sale.) Mortgage of a renewable leasehold for years. (^Varia- tions where it is a leasehold for life or lives, or for years determinable on a life or lives ; also, where it is not renewable, and where there is a life insurance.) Assignment of renewable leaseholds. Usual covenants, including covenant to renew. Assignment of policy of fire insurance. Agreement by mortgagee to accept a reduced rate of interest on punctual payment. Mortgage of renewable leaseholds, with power to renew. Mortgage of leasehold for years determinable on lives, with power to insure last life. Mortgage of leaseholds from trustees of a term for 1000 years, for raising portions. Mortgage by a builder to secure £600, and further advances to the extent of £1,650, with a sum equiva- lent to interest at ten per cent, per annum on the sum of £1,650 in the meantime. Builder's mortgage of leaseholds to secure a debt and farther advances. Mortgage by assignment of unfinished leasehold houses, the money to be advanced by instalments as the building proceeds. Assignment of policy of insurance. Authority to sell in default of payment. Usual in- demnities to purchasers, &c., and covenants. Power to mortgagee to enter and complete buildings. (Short foim.) Mortgage by assignment of premises comprised in a building lease to secure the repayment of sums advanced and to be advanced to the lessee, for the purpose of enabling him to complete several houses which are unfinished. Mortgage of leaseholds by assignment to three of the directors of a joint stock bank for securing an account current. Mortgage of leaseholds by executors. Mortgage of leaseholds and of a policy of assurance to two persons, who make the advance as trustees ; power of sale; covenants for not calling in, and for not paying off for a definite period. Mortgage by a tenant for life for securing the repayment of £800 and interest, by four yearly instalments ; and assignment of a policy of assurance by way of col- lateral security. Mortgage of rents and trust moneys, which have been devised to the separate use of a married woman for life, and after her decease, upon trusts for sale for the benefit of all her children living at the time of her death ; the husband, wife, and children being all con- 2 Bone, 338. 2 Orabb, 1175. „ 1179. 5 Jar. 632. 1 Eouse, 376 39 375 )> 374 Clay. 196. Prior, 107. 5 Jar. 661. 1 Prid. 541. Hayes, 428. 1 Prid. 489. 0.97. 2 Hug. 177. Digitized by Microsoft® 252 MORTGAGES. 365 366 367 368 369 370 371 372 374 375 376 377 378 879 380 381 382 383 Leaseholds — continued. curring parties, and a policy of assurance upon one of the children's lives being assigned by way of collateral security. Mortgage by trustees of 1000 years' term, created by a marriage settlement for the purpose of raising money for the trusts of the settlement. Freeholds and Copyholds. Mortgage of freeholds and copyholds. Ditto. Ditto. Ditto. Ditto. Mortgage of a contingent estate, in fee simple, in free- holds and copyholds ; and assignment of a policy of life assurance. Mortgage of freeholds and copyholds to persons lending on a joint account. 373 Mortgage of freeholds and copyholds to three mort- gagees. Proviso for reduction of interest on prompt payment. Loan to be for a term. Power to appoint a receiver. Mortgage of fi-eeholds and copyholds to secure the re- transfer of stock, and the payment in the meantime of such sums as may be equal to the dividends thereof. Mortgage by grant of freehold, with covenants as to same, and copyhold, and power of attorney to sur- render the copyhold, with conditional surrender of copyhold ; with power of sale. Mortgage with provisions as to life assurance, by grant and surrender. Mortgage where copyholds surrendered to uses. Mortgage by appointment and grant of freehold, with like covenants, and power of attorney, and conditional surrender. Mortgage from husband and wife, by grant of freehold, &c., and conditional surrender. Mortgage to trustees by grant of freehold, &c., and con- ditional surrender. Mortgage of freehold and copyhold from tenant in tail in possession, by grant of freehold, &c., and conditional surrender. Mortgage of freehold and copyhold from tenant in tail in remainder, with consent of protector ; by grant of freehold, &c. , and conditional surrender. Mortgage to bankers, for securing floating balance ; by grant of freeholds, &c., and conditional surrender. rreeholds. Copyholds, and Leaseholds. 384 Mortgage of freeholds, copyholds and leaseholds. 385 Ditto. 2 Hug. 182. „ 188. Dav. Con. 163. Prior, 322. 2 Scriv. 869. 2 Crabb, 1140. 2 Dav. 968. Sweet, 85. 1 Prid. 471. Hayes, 396. 0. 124. 1 Rouse, 333. 335. 338. 339. 341. 348. 343. 345. 350. Dav. Con. 173. 1 Prid. 476. Digitized by Microsoft® MORTGAGES. 253 386 387 388 389 390 391 892 393 Freeholds, Copyholds, and Leaseholds— cow/mwei. Mortgage of freeholds, copyholds and leaseholds. Ditto. Mortgage comprising freeholds, leaseholds and copy- holds, being an appointment and release in fee "of the freeholds, an underlease of the leaseholds, and a covenant to surrender the copyholds, with usual covenants and appointment of receiver. (Variation V7here the premises are made saleable in default of payment.) Ditto. Mortgage of freeholds, copyholds and leaseholds, to secure a debt and future advances ; subject to a prior mortgage. Mortgage by grant of freehold, with underlease of lease- hold, and covenants as to same and copyhold, and power of attorney to surrender copyhold ; and condi- tional surrender of copyhold. Mortgage of ft-eeholds, renewable leaseholds for years, leaseholds for years determinable on lives, and copy- holds of inheritance. Variation where the freeholds are conveyed by appointment and release. Mortgage of an estate in fee simple absolute ; a rever- sionary base fee expectant on a preceding life estate of leasehold premises held for an absolute term of ninety-nine years, and of railway shares ; with, power for mortgagor to redeem in parcels ; and also with a proviso, that in case mortgagee shall exercise his power of sale, certain portions of the mortgaged pre- mises shall be first applied for that purpose ; also covenant from the mortgagee for the production of the title deeds. 894 395 396 397 898 399 400 401 Hayes, 434. 2 Dav. 1035. Freeholds and Leaseholds. Mortgage of freeholds and leaseholds. Ditto. Mortgage of freeholds and renewable leaseholds, the latter being vested in trustees for the mortgagor, and being mortgaged by assignment. Mortgage in fee by lease and release of freeholds, and for a derivative term, by way of underlease, of leaseholds, with power of sale, and some special clauses. Mortgage of freeholds and leaseholds (by demise). Ditto. Ditto, by assignment. Ditto, to trustees. Copyholds and Leaseholds. 402 Mortgage of copyholds and leaseholds. 403 Mortgage of leaseholds for years by assignment, and copy- holds for lives. 6 Jar. 103. Sweet, 87. Hous. 159. 1 Eouse, 383. 2 Hug. 296. „ 309. Dav. Con. 166. Hayes, 439. 2 Dav. 978. 2 Hay. Intr. 125. Prior, 91. 1 Prid. 473. Prior, 92. „ 225. Hayes, 444. 2 Dav. 1029. Digitized by Microsoft® 254 MORTGAGES. Eqviity of Bedemptiou. 404 Second mortgage (or mortgage of an equity of redemp- tion) of freeholds. 405 Ditto. 406 Ditto, by lease and release. 407 Mortgage in fee of an equity of redemption, with (in addition to usual provisions) covenant to deliver title deeds, when former mortgage is paid off; also to accept reduced interest on punctual payment. 408 Charge on the equity of redemption by mortgagor where an additional sum is advanced by the original mortgagee. 409 Mortgage in fee of an equity of redemption, with usual powers of sale. Variation where the first mortgagee is made a party. 410 Mortgage in fee, with power of sale. (Variation where the mortgage is of an equity of redemption, and where the security includes future advances, and where the mortgage is made to several persons advancing the money as trustees.) 411 Mortgage of an equity of redemption of copyholds. 412 Mortgage of an equity of redemption of leasehold pre- mises by way of underlease. Reversions. 413 Mortgage of a reversion in freeholds. 414 Ditto, by lease and release. 415 Mortgage by remainderman in fee, with power of sale. 416 Mortgage of a reversionary share in investments under a will. 417 Mortgage of a reversionary interest in personalty, with power of sale. (Variation where the security is to con- tinue for seven years, or until the death of the tenant for Ufe.) 418 Ditto. 419 Mortgage of a reversionary interest in stock belonging to the mortgagor, and of an annuity belonging to his wife, to secure an existing debt, and future advances. 420 Ditto. 421 Mortgage of reversionary interest in a share of personal estate under a will. Covenants by the father of mort- gagor, and by his mother, with a] view to bind her separate estate, to pay the interest by way of additional security. 422 Mortgage of reversionary interest in funds standing in the name of the Accountant-General of the Court of Chancery, the tenant for life joining, in order to secure the interest accruing during her life. 423 Grant and assignment by father and son of reversionary life interests expectant upon a term and a prior life interest, and of a policy of assurance upon the event of both mortgagors dying without having been in posses- Prior, 109. 1 Prid. 485. 2 Bone, 346. 6 Jar. 58. 2 Wilde, 292. 2 Hug. 121. Sweet, 69. 2 Hug. 226. „ 191. Prior, 101. 2 Bone, 344. 1 Rouse, 238. „ 387. Sweet, 94. 6 Jar. 260. 1 Prid. 573. 0. 114. 1 Prid. 582. 2 Dav. 1122. Digitized by Microsoft® MORTGAGES. 255 424 425 Reveesions — continued. sion a specified period, upon trusts for securing the repayment wtth compouad interest of a present advance and further advances to be made half-yearly to the son, until he or his father should come into possession. Proviso that the advances need not be continued beyond a certain limit. Power for mort- gagors to pay off any part of mortgage money, and to stop further advances. 2 Dav. 1098. Mortgage of an estate to vrhich the mortgagor is entitled by way of an executory devise, expectant on the death of the present owner, in his lifetime, without children, who is still single and of advanced age. 2 Hug. 141. Conveyance by way of mortgage of a reversion in fee in certain manors, &c., to a trustee for mortgagee, to secure ^£5,000 and interest, and if not paid according to the proviso for redemption, upon trust to sell the estate, and pay the mortgage money and interest. 6 Jar. 44. Stock and Shares, &c. Short mortgage of personalty. Ship. 489. Mortgage of stock in the three per-cent. consols, with powers of sale and usual covenants. 2 Hug. 232. Mortgage of dividends of stock in which the mortgagor takes a life interest, and assignment of a policy of assurance by way of collateral security. ,, 238. Mortgage by husband and wife of the dividends of stock in which the wife takes a life interest, and also of a contingent reversionary interest which she takes in the same property ; a policy of assurance on the husband's life being also assigned by way of collateral security. ,, 243. Mortgage of stock under a power contained in a marriage settlement. „ 247. Mortgage of life-interest in dividends, and a policy of assurance. Hous. 143. Bond for securing the re-transfer of stock, and payment of dividends in the meantime. 2 Bone, 371. Bond (or warrant of attorney) with condition (or defea sance) for securing mortgage debt. „ 373. Mortgage of railway bonds, transferable by delivery for securing the payment of bills of exchange (see Railways, post). Hayes, 478. Mortgage of shares and bonds of companies {s Companies, ante). 2 Dav. 1202. Mortgage of railway shares. 2 Hug. 256. Hates. 437 Mortgage by Burial Board of poor rates. Baker B. 245. 438 Ditto. 1 Prid. 584. 439 Charge by churchwardens upon the church rates of a sum borrowed for building a chapel or church. 1 2 Wilde, 275. 426 427 428 429 430 431 432 433 434 435 436 Digitized by Microsoft® 256 MORTGAGES. Eates — continued. 440 Charge by way of mortgage of county rates for building or repairing a county gaol or house of correction. 441 Charge upon county rates for building a house of recep- tion for lunatics. 442 Charge upon poor rates by guardians of the poor. 443 Mortgage of rates by a Local Board of Health under the Local Government Acts. Legacies. 444 Mortgage of a legacy. 445 Ditto. Variation where the subject matter of the mort- gage is a trust fund in the Court of Chancery. 446 Mortgage of a pecuniary legacy, and notice to trustees. 447 Assignment of a legacy and bond by way of mortgage ; mortgagor to mortgagee. 448 Mortgage by assignment of a pecuniary legacy. (Varia- tion where the mortgage is of an undivided share in general personal estate ; also where it is of a fund in the Court of Chancery, also where it is a trust for sale, in default of payment.) Bond and other Debts. Mortgage of a bond debt. Ditto. Ditto. Charge of a bond debt on real property by indorsement on the bond and deposit of title-deeds. Mortgage of a debt, secured upon a promissory note. Assignment of a judgment debt by way of mortgage security. Assignment of simple contract debt, as a mortgage security, with power to sue for the recovery of all moneys owing thereon, and apply the same in liquida- tion of the mortgage debts. Assignment of bond debt by way of mortgage. (Varia- tion where the security is for part of an existing debt ; also, where assignment is absolute upon trust to receive and apply money instanter ; also, where it is of several debts described in a schedule.) (A short form.) Deed to secure a debt and interest (part whereof is already secured by certain bills of exchange) by the deposit of plate, &c.; particularized in a schedule, in trust for sale. Covenant by the debtor to pay the re- mainder of the debt on a certain day. Covenant by the creditor, that on the punctual payment of the bills of exchange, and of the moneys secured by a con- temporaneous mortgage, given to secure part of the original debt, he will release the remainder. 458 Assignment of judgment. (Variation where made by an assignee and not the original judgment creditor ; and where judgment was entered upon a warrant of attorney. 449 450 451 452 453 454 455 456 457 2 "Wilde, 277. „ 279. „ 309. 2 Dav. 1196. 1 Prid. 567. 2 Hug. 279. Green. 315. 2 Bone, 348. 6 Jar. 268. 2 Hug. 265. Prior, 93. 1 Eouse, 386. 2 Wilde, 281. 2 Hug. 269. „ 276. 273. 6 Jar. 244. 290. 264. Digitized by Microsoft® MORTGAGES. 257 460 461 462 463 464 465 466 Mines, Ships, Chattels, Eents, &e. 459 Mortgage of a large estate situate in a mining district, with power for the mortgagor to grant leases for twenty-one years, and also building and repairing leases for ninety-nine years, and mining leases for sixty years. Provisions for setting apart a proportion of the rents and royalties payable under the mining leases, and investing same in the names of trustees to consti- tute a sinking fund, in aid of the principal security. Mortgage of a coal mine by way of underlease to secure the transfer of stock. Mortgage of a ship. Mortgage of unfinished houses. Mortgage of chattels in a dwelling house {see Bills of Sale, ante). Assignment of growing crops for securing a sum of money. Mortgage in fee, to secure the redemption price of an annuity and interest, in consideration of the annui- tant's releasing his annuity. Declaration of trust of term by his trustee, to attend the inheritance. (A short form.) Assignment by a prisoner for debt, in order to procure his liberation, of the interest of £1,000 to a trustee for securing and discharging debts and costs due to his two detaining creditors pari passu; subject to a prior mortgage. Trusts to endure only until debts are satisfied. 467 Deed to secure a debt by the personal covenant of the debtor, payable by instalments, and interest in the meantime, and a power for the creditor to insure the debtor's life ; with several ^covenants and clauses con- cerning the payment of the premiums, and keeping the policies on foot. Agreement to charge lands in default of payment of any of the instalments. 468 Mortgage in fee by the assignees of an insolvent debtor, pursuant.to the provisions of the Act 1 & 2 Yict. c. 110, s. 48, of an estate in fee in remainder expectant on an estate limited during widowhood, to secure £2,750 and interest. 469 Declaration of trasts of a sum of £3,000, £3 per cent. consols, in which a married woman had a reversionary interest, and which (with the consent of the cestui que trust for life) was transferred to the husband, and re- settled for the purpose of enabling the husband to make an effectual security on the fund. 470 Charge by a feme covert of a sum of money upon settled premises for her own use in pursuance of a power. 471 Mortgage by brewers of a brewery, and the plant, machinery, &c., with a power of sale, and powers of distress for interest, in case of default. 1 Prid. 551. Hayes, 420. 2 Hug. 251. Prior, 92. „ 97. 1 Crabb, 420. 6 Jar. 227. „ 301. „ 305. 2 Hug. 117. 6 Jar. 297. 2 Wilde, 296. C. 131. Digitized by Microsoft® 258 MORTGAGES. Mines, Ships, Chattels, Rents, &c. — i 472 Mortgage of a rent-charge. 473 Form of security under the Act for racilitating the Con- veyances of Workhouses. 474 Contributory mortgage, the money being advanced in distinct sums by different mortgagees. 475 Mortgage of college lands under the Universities and College Estates Acts. 476 Mortgage of a contingent estate and a policy of assurance. 477 Demise by way of mortgage, of glebe lands, &c. by an in- cumbent. Sub-mortgage. 478 Sub-mortgage of a mortgage of freeholds. 479 Ditto. 480 Ditto. 481 Sub-mortgage (or mortgage of a mortgage) of freeholds and leaseholds. 482 Assignment by way of mortgage of a debt and con- veyance in fee of lands, respectively vested in the present grantor as mortgagee (being a mortgage of a mortgage, or sub-mortgage), with usual power of attorney, &c. 483 Ditto. 484 Mortgage of a mortgage in fee of freehold premises, and of a mortgage debt of £3,000 to secure £1,000 and interest. 485 Second mortgage of copyholds by conditional surrender and deed of covenant. Deeds of Further Charge. 486 Further charge on premises already mortgaged. 487 Ditto. 488 Ditto. 489 Ditto. 490' Ditto. 491 Ditto. 492 Ditto (by appointment). 493 Ditto. 494 Ditto. 495 Ditto. 496 Ditto (by indorsement). 497 Ditto. 498 Ditto. 499 Ditto. 500 Ditto. 501 Ditto. 502 Ditto. 503 Ditto. 504 Further charge, with variations, if by indorsement or annexation. 505 The like ; with security for future advances. 2 Hug. 148. 1 Hug. 426. 2 Dav. 941. „ 1192. Dav. Con. 192. 2 Wilde, 425. Dav. Con. 213. 1 Rouse, 380. 2 Dav. 1256. Prior, 94. 6 Jar. 168. 1 Prid. 514. 2 Hug. 128. 1 Rouse, 319. H. L. P. 112. Hous. 183. 2 Bone, 352. 2 Crabb, 975. Ship. 480. 1 Jones, 408. Ship. 490. Green. 326. 1 Prid. 592. C. 145. Haves, 518. 1 P'rid. 590. Prior, 111. 2 Crabb, 976. 1 Jones, 409. Green. 328. Dav. Con. 206. 2 Dav. 1280. 1 Rouse, 248. » 249. Digitized by Microsoft® MORTGAGES. 259 Deeds of Further Charge— . 506 Deed of farther charge (not by indorsement) on heredita- ments which the mortgagor has contracted to sell. 507 Deed of farther charge not indorsed on the mortgage deed; a mesne incumbrancer joins for the purpose of post- poning his security. 508 Further charge on leaseholds, with security for future advances. 509 Further charge on leaseholds (by indorsement). 510 Ditto, by annexation. 511 Deed of further charge of leaseholds by way of collateral security. 512 Further charge on freeholds, with leaseholds added as a further security for the fresh advance as well as for the existing debt. 513 Mortgage to secure payment by instalments of an existing debt, and subject to a mortgage for a term ; in fee, with power of sale. (a) Variations where a second mortgage is made to secure a sum in the ordinary manner. 514 Further charge on copyholds : by conditional surrender, and deed of covenant. 515 Deed of farther charge on mortgaged freeholds, copy- holds, leaseholds or personalty ; indorsed on the mort- gage deed. 516 Deed of further charge on freeholds and copyholds upon advance by executors and trustees of original mortgagee out of their testator's estate, the rate of interest and half-yearly days of payment of interest being alteted. 517 Further charge on a life interest, and policy of assurance previously mortgaged, and collateral security on a new policy effected in the name of the mortgagee (by in- dorsement). 518 Security to the trustees of an assurance society by way of further charge upon a reversionary life interest and policies. Provisoes for continuing the loan for a term of years, during which the interest need not be paid, but may be left to accumulate at compound iuterest. 519 Mortgage by way of further charge upon a freehold estate. Variation, where the original mortgage was of copyhold property, or where such mortgage was by demise. 520 Short form of further charge to be indorsed upon mort- gage deed for securing an arrear of interest. 521 Mortgage by way of further charge to secure existing debts and a further sum advanced to the mortgagor on the execution of the deed of further charge ; copyhold estates purchased subsequently to the execution of the mortgage being added by way of further security. 522 Further charge where more property is added ; the additional property being conveyed by appointment and release ; a new proviso for redemption and fresh powers of sale being given. Variation where a power is to be superadded to redeem in parcels. 523 Further charge upon a mortgage of a leasehold dwelling- Digitized by Microsoft® Hayes, 520. 2 Dav. 1284. 1 Eouse , 377. 878. 378 Hayes, 522. Prior, 111. 1 Eouse 250. jj 251. J) 818. Sweet, 98. 2 Dav. 1288. 1 Prid. 592. 2 Dav. 1113. 2 Hug. 319. „ 325. „ 327. „ 331. s 2 260 MORTGAGES. Deeds of Fuethee Chaege- house, the household furniture therein contained being assigned as an additional security. 524 Further charge to a building society in respect of additional shares {see Building Societies, ante). 525 Further charge on premises comprised in precedent 425, and declaration that the trusts for sale, &c., contained therein may be exercised for raising money secured by the present deed. 526 Further charge (by indorsement on mortgage deed) for the purpose of couTcrting interest into principal. (Variation where mortgagee agrees not to call in principal for a certain period, provided the interest be punctually paid.) 527 Charge (further) by indorsement upon a mortgage of freehold or other premises for securing the payment of a sum advanced since theoriginal mortgage (with varia- tions). 528 Charge (further) upon mortgaged premises by indorse- ment, where a power of sale was given to the mortgagee. 529 Equitable further charge for present loan and future advances. 530 Second further charge by mortgagor to mortgagees to secure debt and further advances. Transfers of Mortgages. Freeholds. 531 Form of transfer of security. 532 Transfer of a mortgage by demise (with variations). 533 Ditto. 534 Transfer of a mortgage of freeholds, without the con- currence of the mortgagor. 535 Ditto (by indorsement). 536 Ditto. 537 Ditto (by indorsement). 538 Ditto. (Variation where the mortgagor's representatives have paid the interest). 539 Ditto (by indorsement). 540 Ditto. 541 Ditto. 542 Ditto (by indorsement). 543 Ditto (by indorsement). 5 44 Ditto by independent deed. 545 Transfer of mortgage of freeholds, when the equity of redemption has been incumbered, the mortgagor being a party, and covenanting for payment of the mortgage debt and interest. 546 Transfer of mortgage of freeholds when the equity of redemption has not been encumbered, the mortgagor being a party, and a new equity of redemption being reserved, and new powers given. 547 Transfer of mortgage of freeholds by the executors and 2 Hug. 335. 2 Dav. 1254. 6 Jar. 50. „ 230. 2 Wilde, 300. „ 307. Wilk. 99. „ 267. 1 Hug. 427. 3 Wilde, 776. 2 Crabb. 1194. 1 Prid. 593. „ 595. 1 Eouse, 253. Prior, 115. 2 Hug. 340. H. L. F. 107. Ship. 475. Dav. Con. 219. 221. 2 Dav. 1292. „ 1295. 1299. 1302 Digitized by Microsoft® MORTGAGES. 261 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 Transfers of Mortgages — Freeholds — continued. deTisees of the mortgagee, the mortgagor receiving a further advance. Ditto. Ditto, not indorsed. Transfer of a mortgage of freeholds where the mortgagor joins. Ditto. Ditto (by indorsement). Transfer of mortgage, where the mortgagor joins. New proviso for redemption, covenants, and power of sale. Ditto. Transfer of mortgage of freeholds where a furtlvjr sum is advanced to the mortgagor. Ditto. Ditto. Ditto. Ditto. Ditto, and the security being made to extend to future advances. Ditto. Transfer of mortgage for the residue of a term, where a further sum is advanced to the mortgagor. Transfer of mortgage in fee, where a further sum^ is advanced to the mortgagor. (Variation where the mortgage is transferred with a trust for sale, such trust being or not being in the original mortgage ; also where no further sum is advanced.) Transfer of mortgage for a term, without the concurrence of the mortgagor. Assignment of mortgage debt, with power to sue, &c. (Variation where mortgage is in fee.) Ditto. Conveyance on transfer of mortgage by way of appoiut- ment, the debt being transferred by the indorsement of a promissory note (a very concise form). Transfer of mortgage of freeholds in fee, with power of sale, with a further charge. Ditto. Transfer of mortgage in fee, and further charge, subject to a new proviso for redemption, and fresh covenants. Variation where additional property is added to the mortgage assurance. Transfer by indorsement on the mortgage deed of mort- gage vested in trustees, upon the retirement of a trustee and appointment of a new trustee, the trust not being disclosed. Transfer of a mortgage security in fee to a third person, taking an assignment of the security (with variations). {a). Variations where a further sum is advanced by the transferrer Transfer of a mortgage in fee, to a trustee for the trans- ferree, by surviving mortgagees, with the consent of the administrator of a deceased mortgagee, in which 2 Dav. 1304. Dav. Con. 224. Prior, 117. 1 Prid. 595. Green. 334. Prior, 116. 1 Prid. 596. 2 Hug. 345. 1 Prid. 597. Green. 338. 2 Crabb, 1196. 1 Rouse, 254. Ship. 473. Hayes, 531. 1 Rouse, 255. 6 Jar. 310. 315. „ 323. Sweet, 100. 6 Jar. 328. Sweet, 102. 2 Hay. Intr. 149. 2 Hug. 349. 2 Dav. 1321. 3 Wilde, 788. „ 797. Digitized by Microsoft® 262 MORTGAGES. Transfees of Moetgagbs — Freeholds — continued. the mortgagor also joins ; where the mortgage was made to secure the re-transfer of three per cent, consols, in lieu of which the mortgagees accept a sum of money paid partly by the transferree, and partly by the mort- gagor himself Power of distress for recovery of interest. 573 Transfer of mortgage of freeholds which were limited to the mortgagee for a term of years, and to a trustee in fee simple subject to the term. The mortgagor does not join. A new trustee for sale is appointed. 574 Transfer of a mortgage of freeholds made to trustees (where the usual account clause had been omitted) by the heir-at-law and executor of the surviving trustee and the executor of the first deceased trustee, the mort- gagor joining. 575 Transfer of mortgage of freeholds for years by the executor of the mortgagee, and conveyance of the reversion in fee by the heir of the mortgagor as a further security. With power of sale, and with or with- out a further advance. 576 Transfer of a mortgage of freeholds in fee, by an executor (under the stat. 7 & 8 Vict. c. 76, s. 9). 577 Transfer of a mortgage in fee upon the trusts of a marriage settlement. Mortgagee to trustees. 578 Transfer of mortgage which has been effected by a tenant in tail without the consent of the i^rotector, and also a further charge to a new lender ; the base fee created by the former mortgage being converted into a fee simple absolute by the present assurance. 579 Transfer of mortgage and further charge where the mortgaged premises were originally demised for a term, but are now conveyed in fee. 580 Transfer of mortgage, where the estate originally mort- gaged was a contingent estate, but which" became absolute^ subsequently to the mortgage; another estate in fee simple being added as an additional security upon a considerable further advance being made. 581 Transfer of mortgage in fee of a freehold estate where a considerable portion of the mortgage debt has been paid off, the mortgagor being a concurring party. 582 Transfer of mortgage, when made for a lesser sum than is due on the original mortgage. Copyholds. 583 Transfer of a mortgage of copyholds with the concurrence of the mortgagor (by indorsement). 584 Ditto, where surrender to uses. 585 The like, where mortgagor does not join. 586 Assignment of mortgage security on copyholds, without surrender, mortgagor joining. 587 Ditto (by indorsement). 588 Transfer of mortgage of surrendered copyholds where the 6 Jar. 361. „ 378 Prior, 314. Sweet, 111. „ 115. 2 Bone, 355. 2 Hug. 356. „ 360. „ 365. „ 375. „ 377. 1 Prid. 601. 1 Eouse, 327. „ 329. 325. 1 Prid. 606. Digitized by Microsoft® MORTGAGES. 263 Trahsfbes of Mortgages— Copyholds— cowfom^ed mortgagee has been admitted. (By indorsement, mortgagor not joining.) 589 Transfer of mortgage of copyholds under a power of appointment, where the mortgagor joins, and a further sum is advanced. 590 Transfer of a mortgage of copyholds, where the mort- gagee has not been admitted. 591 Transfer of mortgage of copyholds which the mortgagor has surrendered, but to which the mortgagee has not been admitted, the mortgagor making a fresh sur- render to the transferree's use. 592 Transfer of mortgage of copyholds ; by warrant to enter satisfaction on conditional surrender ; conditional sur- render and deed of covenant. 593 Transfer of mortgage where copyhold surrendered to uses, without consent of mortgagor. 594 The like, and further charge by mortgagor. 595 Warrant to enter up satisfaction of conditional sur- render. 596 Conditional surrender by mortgagor to transferree of mortgage. 597 Transfer of mortgage of copyholds, the mortgagor being dead, leaving an infant heir ; his widow and admiuis- tratrix joins in the transfer (by indorsement). 598 Admission of mortgagee to copyholds and surrender to transferree, pursuant to the covenant in the last pre- cedent, and admission of transferree. 599 Transfer of mortgage of copyholds which have not been surrendered, the mortgagor being dead and his de- visees infants. 600 Ditto (leaving an infant heir). 601 Transfer of mortgage of copyholds where the mortgagee has been admitted, the mortgagor receiving a further advance and covenanting to surrender other copyholds Freeholds and Copyholds. 602 Transfer of a mortgage of .freeholds and copyholds (by indorsement). 603 Transfer of a mortgage in fee, of freeholds and copyholds intermixed, by the heir-at-law and executors of the deceased mortgagee, who had been admitted to the copyholds. (Variation where the mortgage contained a power of sale.) 604 Transfer of a mortgage (which was made by demise of freeholds and surrender of copyholds, the surrenderee not having been admitted), as a security for a debt owing from the transferror to the transferree. 605 Transfer of mortgage of freeholds and copyholds with concurrence of mortgagor, further advance and security for future advances; by grant of freehold, &c. Satisfac- tion on old surrender, and conditional surrender of copyhold. Prior, 323. Sweet, 101. „ 106. 2 Hug. 362. 1 Kouse, 323. „ 361. 363. 1 Prid. 602. „ 602. „ 603. „ 604. 2 Dav. 1307. Dav. Con. 231. 2 Dav. 1310. C. 147. 6 Jar. 348. 353. 1 Kouse, 358. Digitized by Microsoft® 264 MORTGAGES. Transfers of Mortgages — continued. Leaseholds. Transfer of a mortgage of leasehold premises (with Taria- tions). Ditto, by indorsement. Transfer of mortgage of leasehold premises which have been mortgaged by way of underlease, the transfer being made by the mortgagee without the mortgagor's con- currence. Variation where he is a concurring party. Transfer by indorsement of a mortgage debt secured by way of underlease ; the mortgagor not joining. Transfer of a mortgage by assignment of leaseholds, with power of sale, where a further sum is advanced. (Variation where the mortgage was by underlease.) Transfer of mortgage of assigned leaseholds, mortgagor not joining (by indorsement). Transfer of mortgage of demised leaseholds to three mortgagees, mortgagor joining, not indorsed. Assignment and confirmation by mortgagee and mort- gagor to a new mortgagee who pays off the former. Transfer of mortgage of leaseholds, a further advance being made, and future advances contemplated. Ditto. Transfer of a mortgage of leaseholds, where a further sum is advanced to the mortgagor. Ditto. Assignment of a mortgage from the executors of a mort- gagee to a person advancing the money where the mortgagor in not a party. Transfer of mortgage of leaseholds, with a power of sale, where a small further sum is advanced to the mort- gagor. (Variation, where the original mortgage was by underlease ; also, where part of the new loan is applied in liquidation of an arrear of interest on the subsisting debt.) (A short form.) G20 Transfer of mortgage of leaseholds by the executor and legatee of the mortgagee, with the concurrence of the mortgagor, the old mortgage being by assignment, and the new mortgage being by way of underlease. 621 Transfer of mortgage of leaseholds by mortgagee in pos- session, whose principal had been reduced by the receipt of the rents ; special covenant of indemnity by transferree by reason of the possession being delivered to him. (Variation where the transfer is made, not by the original mortgagor, but by a transferree.) 622 Transfer of three mortgages for terms, and confirmation of one of those terms by a tenant for life, under a power in an Act of Parliament, to secure a further sum advanced by the transferree of the former mortgages ; new proviso for redemption on payment of the aggre- gate sum advanced. Assignment of two of the mort- gage terms to trustee for the transferree. (Variation 606 607 608 609 610 611 612 613 614 615 616 617 618 619 3 "Wilde, 785. Sweet, 110. 2 Hug. 352. Hayes, 529. Sweet, 113. Prior, 117. „ 118. Bird, 204. 2 Dav. 1312. 1 Eouse, 378. C. 151. 1 Prid. 599. 1 Crabb, 402. 6 Jar. 331. 337. 366. Digitized by Microsoft® MORTGAGES. 265 Transfbes of Mortgages — Leaseholds — continued. where the old mortgages are transferred, subject to the subsisting equity of redemption; agreement by the owner of a rent-charge not to distrain upon the mort- gaged lands.) 623 A, being possessed of a deposit security on a lease, with a letter of attorney to receive the rents in dis- charge of a debt, transfers this deposit security to a creditor of his own, and by the present deed appoints such creditor his sulDstitute, under a power of substitu- tion in the letter of attorney. 624 Assignment by trustees of mortgage debt, with consent of the parties beneficially interested and mortgagor, to a new mortgagee. Assignment of the mortgage term to a trustee for mortgagee ; appointment and release by way of mortgage in fee to mortgagee to secure the mortgage debt he pays off, and to secure a debt pre- viously due from mortgagor to mortgagee, with a power of sale and assignment of several satisfied terms in trust for the mortgagee, and to attend the inheritance. Freehold and Leasehold. Transfer of mortgage of freeholds and leaseholds for securing trust monies, (but not disclosing the trust,) on a partial change of trustees. Ditto. Ditto. Transfer of mortgage on change of trustees (indorsed on precedent 635). Transfer of mortgage of freeholds and leaseholds, in which mortgagor joins, subject to the subsisting equity of redemption, but with a fresh covenant for payment by the mortgagor. Appointment of a receiver. Transfer of mortgage of freehold and leasehold property, by the heir and executor of a deceased mortgagee, the mortgagor concurring. Freeholds, Copyholds, and Leaseholds. 631 Transfer of mortgage (the mortgagor not being a party), freeholds, copyholds (unsurrendered), and leaseholds. 632 Transfer of mortgage (by several transferors to several transferrees), the mortgagor being a party, freeholds, copyholds, and leaseholds, — clauses applicable to a further advance. 633 Transfer of mortgage (part of the debt having been paid off) of freeholds, copyholds, (which have been sur- rendered,) and leaseholds, the mortgagee being dead, and his heir and administrator joining. 634 Transfer of a mortgage of freeholds, copyholds, and lease- holds, the mortgagor being a party, and the copyholds being discharged from the security. 625 626 627 628 629 630 6 Jar. 382. „ 405. 2 Jones, 266. 6 Jar. 372. Sweet, 108. 1 Prid. 609. 6 Jar. 377. „ 343. 2 Hug. 370. HouB. 174. „ 178. 2 Dav. 1316. Dav. Con. 228. Digitized by Microsoft® 266 MORTGAGES. Teanspers 01" MoETGAGES — Freeholds, Copyholds, and Leaseholds — continued. 635 Transfer or assignment of a mortgage of highway tolls in pursuance of an Act of Parliament. 636 Transfer of a mortgage of a policy of assurance and a sum of stock, in which the mortgagor joins for the purpose of securing the payment of the debt by a charge on additional property. 637 Transfer of two several mortgage debts and the securities for each, and conveyance of additional property by mortgagor to the intent that all the property vested in transferree may be a security for both mortgage debts and a farther advance. 638 Declaration of trust by way of transfer of part of mort- gage debt. 639 Notice of transfer of mortgage. 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 Reconveyances. Reconveyance of freeholds from mortgagee to mortgagor. Ditto. Ditto. Ditto. Ditto. Ditto (lease and release). Ditto. Ditto (by indorsement). Ditto (by indorsement). Ditto (by indorsement). Ditto (by indorsement). Ditto (by indorsement). Ditto (by annexed deed). Ditto (with variations). Reconveyance of mortgage by demise. Reconveyance of a mortgage by demise on repayment of the mortgage money, the term being assigned to attend the inheritance (with variations). Surrender of mortgage term created by way of under- lease on payment of mortgage debt. (Variation where mortgage term was created out of, and is now merged in, the fee.) Surrender by two mortgagees for years of their respective terms, and release in fee, by ulterior mortgagee, of the property comprised in the two several prior mort- Grant and surrender by trustee for transferree of mort- gage and transferree to mortgagor, the estate having been limited to the mortgagee, his executors, &c., for a term of years, and subject to the term, to his trustee in fee. Reconveyance of a mortgaged estate, from the heir-at-law and executors of a deceased mortgagee to a mortgagor. Ditto. 3 "Wilde, 775. 1 Prid. 607. „ 610. 2 Dav. 1325. 2 Orabb, 1198. Ship. 629. 1 Rouse, 258. Green. 329. Wilk. 262. 2 Bone, 360. 6 Jar. 474. Dav. Con. 235. 2 Dav. 1330. 1 Prid. 613. Hayes, 538. 2 Jones, 67. 1 Rouse, 259. „ 260. 3 Wilde, 576. Bird, 328. 3 Wilde, 600. 6 Jar. 476. 478. „ 483. 2 Crabb, 1199. Dav. Con. 237. Digitized by Microsoft® MORTGAGES. 2Q1 Ebconveyances — continued. 661 ReconTeyance by an independent deed by the heir and executors of a mortgagee. 662 Eeconveyance from the heir-at-law of the mortgagee. 663 Ditto. 664 Ditto. 665 Eeconveyance by the real representative and the heir-at- law of a satisfied mortgagee. 666 Reconveyance from the heir-at-law and executor of the mortgagee to devisees in trust for sale of the mort- gagor._ 667 Release in fee to a mortgagor by the infant heir of a mortgagee, under an order of the Court of Chancery, of the unsold part of an estate which had been mort- gaged with a power of sale, the executors concurring as directing parties. 668 Reconveyance of the unsold residue of mortgaged free- holds, under an order of the Court of Chancery, by the infant heir (with the concurrence of the executors) of the mortgagee, to the heir of the mortgagor. 669 Reconveyance by an infant heir of a mortgagee to the executors and heir of a mortgagor, who mortgaged to the father of the infant. This deed is executed by the direction of the mortgagor, and to enable him to com- plete a sale of the mortgaged premises. 670 Release or reconveyance from a mortgagee to the heir of the mortgagor. 671 Release in fee to the uses of the will of the mortgagor, on the mortgage debt being paid off by his executors. (Variation where the mortgage being for a term, is surrendered to the first devisee for life.) 672 Reconveyance (by indorsement on mortgage deed) to the heir of the mortgagor, of freehold and copyhold estates, the mortgage money having been some time since paid off by the administrator of the mortgagor. 673 Reconveyance of a mortgaged fr'eehold estate which had been conveyed by way of appointment and release, and is reconveyed to uses to bar dower. (Variation where the mortgage was by grant and release, and the recon- veyance is simply in fee.) 674 Reconveyance of mortgaged premises by the surrender of 1000 years' term. 675 Surrender of mortgaged term of years by representative of mortgagee on payment of mortgage debt (by in- dorsement). 676 Reconveyance of the residue of mortgaged premises, where a portion of them have been sold under a power of sale contained in the mortgage deed. 677 Reconveyance of the residue of mortgaged premises, where a portion of them have been sold for the pur- pose of discharging the mortgage debt, the mortgagor paying the remaining balance. Variation, where the sale of the mortgaged premises has produced more than the mortgaged debt. 2 Dav. 1333. Ship. 631. 0. 155. 1 Prid. 614. Bird, 369. Ship. 632. 6 Jar. 485. Sweet, 119. Bird, 322. 2 Jones, 65. 6 Jar. 494. „ 500. 2 Hug. 380. „ 383. 1 Prid. 615. 2 Hug. 385. „ 388. Digitized by Microsoft® 268 MORTGAGES. 678 679 680 681 682 683 684 685 686 687 689 690 691 692 693 694 695 696 697 Ebconteyanoes — continued. Eecouveyance of mortgaged premises where there has been a transfer of the mortgage. EeconTeyance where a mortgage and purchase have been effected by the same instrument. EeconTeyance of a portion of mortgaged premises under a power reserved in the mortgage deed for the mort- gagor to redeem in parcels. Eecouveyance of part of the property in mortgage on pay- ment of part of principal money [freeholds and copy- holds]. Eecouveyance in fee of mortgaged freeholds, by the executors of the mortgagee, under a power contained in the mortgage deed. EeconTeyance of mortgaged freeholds in fee simple, by the executors of the mortgagee, to the mortgagor (under the stat. 7 & 8 Vict. c. 76, s. 9). EeconTeyance of surrendered copyholds where the mort- gagee has not been admitted. Discharge of mortgage of copyholds in ordinary cases, by warrant to enter satisfaction on conditional surrender. The like, by executors or administrators of mortgagee. The like, of parts of mortgage premises, by warrant to enter satisfaction, and indorsement on deed of coTenant. Eeconveyance of freeholds and copyholds by grant or surrender of term of freehold, and satisfaction on surrender of copyhold. Eeconveyance of freehold and leasehold premises by the devisees in trust of a deceased mortgagee. Variation, where a policy of assurance is also included. Eeconveyance of freeholds and leaseholds by heir and executor of mortgagee, by indorsement. Eeconveyance by mortgagee of demised leaseholds, and a policy of assurance subject to two previous mortgages, covenant for indemnity by mortgagee and his solicitor in consequence of the loss of the mortgage deed. Form of receipt to be indorsed on a mortgage deed in pursuance of the Act 6 & 7 Will. IV. c. 32, " For the regulation of Benefit Building Societies" {see Build- ing Societies, ante). Ditto. Eelease and declaration for evidencing the extinguish- ment of mortgage terms satisfied by payment of the mortgage debts. Eeconveyance by appointment on redemption of a mort- gage in fee. Conveyance of mortgaged property to the purchaser of the equity of redemption. Eelease by mortgagees of a freehold lease, to enable the mortgagor to surrender and take a new lease. 2 Hug 391. )! 393. ?J 400. 1 Eouse, 366 Sweet, 117. )) 118. Prior, 324. 1 Eouse, 330. „ 331. „ 331. „ 36.5. 2 Hug. 395. Prior, 119. „ 315. 2 Hug. 403. 1 Prid. 618. 2 Dav. 1335. 2 Hay. Intr. 158. Hayes, 539. 6 Jar. 502. Digitized by Microsoft® MORTGAGES. 269 Be assignments. 698 Reassignment of mortgaged leaseholds. 699 Ditto (by indorsement). 700 Ditto (by indorsement). 701 Ditto (by annexation). 702 Ditto. 703 Ditto (with Tariations). 704 Reassignment of mortgage by demise, on repayment of principal money and interest (by indorsement). 705 Surrender of mortgage term created by way of under- lease. (Variation where the demise was by tenant in fee.) 706 Reassignment of leaseholds (which had been 'mortgaged, with a power of sale) on repayment of the mortgage debt. (Variation where part of the mortgaged pro- perty is reassigned on payment of a proportion of the debt. Also where the mortgagee assigns part without pecuniary consideration.) 707 Reassignment of leaseholds by representative of mort- gagee, on payment of mortgage debt. 708 Release of lands by a mortgagee of a term for raising portions where the mortgage is paid off out of the proceeds of the sale of part of the settled estates (by indorsement on mortgage). 709 Receipt of money by trustees of Benefit Building Societies (see Building Societies, ante). Miscellaneous. 710 Mortgage for securing payment of the price of goods to be from time to time delivered on credit. 711 Mortgage by trustees of a term, with the concurrence of the tenant for life. 712 Mortgage of ground-rents and reversion in fee, with power of sale. 713 Form of mortgage under General Turnpike Act, 3 Geo. IV. c. 126, s. 81. 714 Assignment of mortgage under same. 715 Assignment of a mortgage term (by indorsement) by the mortgagee to a trustee for himself to prevent a merger on his purchase of the inheritance. 716 Conversion of a mortgage for a term into a mortgage in fee on a transfer, the term being assigned to a trustee. 717 Common forms in mortgages. 718 Special forms in mortgages. 719 Miscellaneous clauses in mortgages. Surrender of mortgage terms, see Sueeenders, post. Mortgage to a building society, see Benefit Building Societies, ante. Mortgage of charity lands, see Chaeities, ants. Mortgage of shares and bonds of companies, see Com- panies, ante. 1 Rouse, 381. „ 382. Sweet, 116. 1 Rouse, 382. Green. 331. 3 Wilde, 563. H. L. F. 105. Sweet, 117. 6 Jar. 490. C. 157. 1 Prid. 616. 4 Chit. 194. Ship. 484. 1 Rouse, 262. Wool. W. 565. „ 566. 1 Jones, 80. Ship. 477. Hous. 36. „ 169. 2 Crabb, 1159. Digitized by Microsoft® 270 NOTICES. Miscellaneous — continued. Mortgage of copyright, see Copyright, ante. Mortgage of policies of assurance, see Policies, post. Mortgage of railway shares, see Eailwat CoMPAiiriES, post. Covenants in mortgage, see Covenants, ante. Provisoes in mortgage, see Provisoes, iwst. Notices between mortgagor and mortgagee, see Notices, post. MORTMAIN {see Charities, ante). NAVIGATION {see ^Bivprna, post). NEGOTIABLE INSTRUMENTS {see Bills of Exchange, ante). NOMINATIONS {see Appointments, ante). NOTARIAL ACTS {see Bills of Exchange, Certificates, and Declarations, ante; and Protests, post). NOTES, ORDERS, WARRANTS, &o. 1 Sold-note of wool. 2 Sale-note of wine. 3 Sale-note of hemp. 4 Bought note of bacon. 5 Bought note of goat skins. 6 Bill of parcels. Delivery Notes or Orders. 7 Order for delivery of goods. 8 Delivery order. 9 Delivery note to London Dock Company. Dock Cheeks or Warrants. 10 Form of dock check. 11 Warrant of transfer. Shipping order, see Shipping, post. Notes of hand, see Bills op Exchange, ante. NOTICES. Landlord to Tenant. 1 Landlord to tenant from year to year to quit on a pre- scribed day. 2 Crabb, 1201. 1201. 1202. 1202. 1202. 1203. 1203. 1204. 1204. 1205. 1205. 6 Jar. 566. Digitized by Microsoft® NOTICES. 271 Landlord to Tenant — conUnued. 2 Landlord to tenant from year to year to quit on a pre- scribed day. 3 Ditto. 4 Ditto. 5 Ditto. 6 Ditto. 7 Ditto. 8 Ditto. 9 Ditto. 10 Ditto. 11 Ditto. 12 Ditto. 13 Ditto. 14 Ditto (signed by landlord himself). 15 Ditto, given by an agent of the landlord. 16 Ditto. 17 Ditto, by an agent. 18 Ditto. 19 Landlord to tenant from year to year, determining tenancy the time of the commencement of which is unknown. 20 Ditto. 21 Ditto. 22 Ditto. 23 Notice from landlord to tenant to quit or to pay double rent. 24 Ditto. 25 Ditto. 26 Ditto. 27 Ditto. 28 Demand of possession at the end of a term of years, other- wise double rent or double value. 29 Notice by a landlord to Ms tenant to quit possession of the premises on the expiration of his term. 30 Notice by a lessor to determine a lease for breach of cove- nants and non-payment of rent. 31 Notice of determining a lease. 32 Ditto. 33 Notice by landlord to quit lodgings. 34 Ditto. 35 Ditto. 36 Notice by a landlord to his tenant, to pay rent due upon lease. 37 Ditto. 38 Notice by a landlord to the tenant, to repair the premises in pursuance of his covenant. 39 Ditto. 40 Ditto. 41 Ditto (in a given time). 42 Ditto. 43 Ditto. 44 Ditto. 45 Ditto. 46 Ditto. 3 Hug. 405. 2 Prid. 587. Wilk. 131. E. P. M. 177. Bate. 387. 5 Dav. 1110. Coote,L.&T.724. Green. 288. „ 344. Clay. 173. 2 Crabb, 1217. Ship. 552. Woodf. 1045. „ 1045. Coote,L.&T. 725. 2 Crabb, 1217. 3 Hug. 407. 6 Jar. 567. 3 Hug. 406. Coote,L.&T.725. Ship. 553. 3 Hug. 407. Coote,L.&T.726. 2 Crabb, 1218. Ship. 554. Green. 345. Woodf. 1047. 3 Wilde, 26. Wilk. 132. ■2 Crabb, 1212. 1 Rouse, 507. Woodf 1046. Coote,L.&T.725. Ship. 555._ 3 Wilde, 20. Coote,L.&T.727. 3 Wilde, 31. 6 Jar. 568. 3 Hug. 414. 2 Prid. 588. Wilk. 131. Bate. 387. Woodf. 1048. R. P. M. 185. 2 Crabb, 1220. Digitized by Microsoft® 272 NOTICES. Laitdloed to Tenant — continued. 47 Notice to tenant to repair the premises. 48 Ditto. 49 Notice by landlord to sheriff, of rent being due from tenant whose goods he has taken in execution. 50 Ditto. 51 Ditto. 52 Ditto. 53 Form of notice to be afiSxed to premises which are deserted. 54 Ditto. 55 Ditto. 56 Notice under statute 1 & 2 Vict. c. 74, where a tenancy has expired. 57 Ditto. 58 Ditto. 59 Demand of possession, to determine any express or implied tenancy at will. 60 Demand of possession pursuant to 15 & 16 Vict. c. 76, s. 213. 61 Ditto. 62 Notice by landlord or agent of election to purchase. 63 Ditto. 64 Notice by landlord of his election to purchase at a Talua- tion all or part of the buildings, engines, or machinery mentioned in notice 103. Tenant to Landlord. 65 Notice by tenant from year to year to landlord of quitting. 66 Ditto. 67 Ditto. 68 Ditto. 69 Ditto. 70 Ditto. 71 Ditto. 72 Ditto. 73 Ditto (signed by the tenant himself). 74 Ditto (given by an agent of the tenant). 75 Notice by tenant to quit lodgings. 76 Ditto. 77 Ditto. 78 Notice from tenant to landlord of his intention of quitting, pursuant to proviso in the lease enabling him so to do, at a certain period. 79 Notice to determine a lease for 21 years at the end of the first 7 or 14 years, pursuant to a proviso or power therein contained. 80 Ditto. 81 Ditto. 82 Notice from tenant to landlord to determine a lease. 83 Ditto. 84 Ditto. Ship. 557. Coote,L.&T.727. 6 Jar. 571. "Wilk. 132. 3 Hug. 420. R. P. M. 191. 3 Hug. 408. Coote, L.&T.733. 2 Crabb, 1219. 3 Hug. 410. Bate. 388. Woodf. 1048. „ 1047. „ 1047. E. P. M. 195. „ 139. Bate. 391. Woodf. 1051. 6 Jar. 568. 3 Hug. 405. 2 Prid. 587. E. P. M. 178. Bate. 388. Coote, L.&T. 726. 2 Crabb, 1218. Ship. 555. Woodf. 1046. „ 1046. „ 1046. Coote, L.&T. 726. Ship. 555. 556. Woodf. 1046. E. P. M. 179. Bate. 388. 3 Hug. 404. 3 Wilde, 28. 6 Jar. 568. Digitized by Microsoft® NOTICES. 273 Tenakt to Landlord — continued. 85 Notice by tenant to determine a lease. 86 Ditto. 87 Notice to quit given by tenant in common. 88 Notice of intention to decline lease (trustees of bankrupt). 89 Ditto. 90 Ditto. 91 Ditto (a shorter form). 92 Notice from a lessee to his lessor of his intention to pur- chase the fee in pursuance of a stipulation to that effect in the lease. 93 Ditto. 94 Ditto. 95 Notice from lessee to lessor, requiring the latter to renew the lease. 96 Ditto. 97 Notice from lessee to his lessor, that he is about to assign the term. 98 Ditto. 99 Ditto. 100 Notice from lessee that he has assigned the term. 101 Notice by tenant before removing a building. 102 Notice by tenant, under Landlord and Tenant Act. 103 Notice to landlord pursuant to 14 & 15 Vict. c. 25, s. 3, of tenant's intention to remove buildings, engines, or machinery, after the expiration of one month. Mortgages. By Mortgagor. 104 Notice by the mortgagor to the mortgagee, of his inten- tion to pay off the mortgage money. 105 Ditto. 106 Ditto. 107 Ditto. 108 Ditto. 109 Ditto. 110 Ditto, and of tender of reconveyance. 111 Notice from surety mortgagor to creditor to prevent his liability upon any further advances being made to principal debtor. 112 Ditto. By Mortgagee and Others. 113 Notice by a mortgagee to a lessee, to pay part of his rent in satisfaction of interest. 1 14 Notice by a mortgagee to the tenant of the premises, to pay rent to him in liquidation of arrears of interest. 115 Notice from mortgagee to tenant to pay rent to him. 116 Ditto. 117 Ditto. 118 Ditto. 2 Prid. 588. 5 Dav. 1111. Woodf 1046. R. P. M. 192. 6 Jar. 570. 3 Hug. 415. „ 416. 417. 2 Prid. 591. 6 Jar. 570. 3 Hug 418. 6 Jar: 569. 3 Hug. 419. 6 Jar. 569. 2 Prid. 588. 3 Hug. 419. E. P. M. 138. Bate. 390. Woodf. 1051. 3 Wilde, 19. 6 Jar. 575. 2 Hug. 434. R. P. M. 187. 2Crabb, 1212. 1 Rouse, 469. Ship. 549. 2 Hus 6 Jar^ . 440. 576. 3 Wilde, 21. 25. Ship'.' 550. Green. 349. 1 Rouse, 508. „ 468. T Digitized by Microsoft® 274 NOTICES. 119 120 121 122 123 124 125 126 127 128 129 130 131 182 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 MOETGAGES — By Mortgagee and Others — continued. Notice from mortgagee to tenant to pay rent to him. Ditto. Ditto. Ditto. Ditto (short form). Ditto. Ditto. Notice by mortgagee to tenant not to pay rent to mort- gagor. Notice by mortgagee's attorney to the tenant not to pay the rent to the mortgagor. Ditto. Notice of mortgage by the mortgagee to the mort- gagor's tenant. The like by mortgagee's attorney. Notice to pay off mortgage money and interest at the end of six calendar months, and that in default thereof mortgagee will exercise power of sale. Ditto (shorter form). Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto, from trustees to mortgagor. Ditto. Ditto, to assignees of a bankrupt. Notice to mortgagor by surviying mortgagees with power of sale, of intention to exercise power of sale if all prin- cipal money and interest is not paid by a given day. Notice by mortgagee to mortgagor of intention to exer- cise power of sale. Ditto. Ditto. Notice by second to first mortgagee, of second mortgage. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Notice of further charge from mortgagor to a prior mortgagee. Notice to mortgagee of a second mortgage. Ditto. Notice from mortgagee to the assignees of a bankrupt. Notice by the transferree of a mortgage security to the mortgagor of such transfer. Notice to the mortgagor of the assignment of a mortgage. Ditto. Ditto. 2 Crabb, 1214. Bate. 387. R. P. M. 179. 2 Hug. 435. „ 436. 6 Jar. 571. Wilk. 135. 2 Prid. 589. 2 Hug. 437. 2 Crabb, 1214. Woodf. 1049. „ 1049. 2 Hug. 428. „ 429. 2 Prid. 589. E. P. M. 180. 1 Rouse, 508. 2 Crabb, 1213. Ship. 550. 1 Rouse, 469. 2 Crabb, 1212. 2 Hug. 430. 2 Crabb, 1213. 5 Dav. 1113. 2 Prid. 590. 6 Jar. 575. Green. 342. 6 Jar. 572. 2 Prid. 590. Wilk. 140. 5 Dav. 1113. 1 Rouse, 470. Ship. 551. Green. 349. 2 Hug. 440. „ 432. R. P. M. 180. 1 Rouse, 508. 2 Hug. 433. 3 Wilde, 38. Ship. 549. 1 Rouse, 470. E. P. M. 188. Digitized by Microsoft® NOTICES. 275 Mortgages— By Mortgagee and Othevs— continued. 162 Notice of the transfer of a mortgage debt by a marriage settlement. 163 Notice from transferee to mortgagor that mortgage has been assigned to him, and requiring payment of the mortgage money. 164 Notice of assignment of personalty as security. 165 Ditto. 166 Notice by the purchaser of an equity of redemption to the mortgagee, of his having made such purchase. 167 Ditto. 168 Ditto. 169 Ditto. 170 Ditto. 171 Notice by mortgagee under a bill of sale demanding payment of principal and interest. 172 Notice of a mortgage of a life policy. 173 Notice of an equitable mortgage by deposit. 174 Ditto. b ^ .r F 175 Notice to a depositary of a charge on a lease. 176 Notice of the appointment of a receiver from mortgagee to tenant. 177 Notice from a receiver for a mortgagee, to tenant to pay rent. 178 Ditto. 179 Notice to trustees of a mortgage. 180 Notice of mortgage of a bond to the obligor. 181 Ditto. 182 Notice by obligee of bond to assignee, calling upon him to sue. 183 Ditto. Of various Assignments. 184 Notice by assignee of a reversionary interest in money in the funds to trustees in whose names the stock is standing. 185 Ditto. 186 Ditto. 187 Ditto. 188 Ditto. 189 Notice to trustees and executors from an assignee that a legatee has assigned all his interest under the will for securing the repayment of moneys lent him by the assignee. 190 Notice of the assignment of a chose in action. 191 Notice by an assignee of a bond or other debt, or chose in action of an assignment made to him. 192 Notice by legatee to executors, of assignment of legacy. 193 Ditto. 194 Ditto. 195 Notice from the assignee of a legacy to the executors. 196 Notice by purchaser of a legacy to surviving executrix. Wilk. 146. 2 Hug. 431. E. P. M. 190. Bate. 389. 3 Wilde, 24. 6 Jar. 580. 2 Hug. 443. 1 Kouse, 470. Ship. 549. 2 Prid. 589. Wilk. 140. R. P.M. 190. Bate. 389. Wilk. 141. 2 Hug. 438. 6 Jar. 572. Ship. 550. 1 Rouse, 469. 6 Jar. 574. 2 Hug. 439. 6 Jar. 577. 2 Hug, 441. 6 Jar. 573. 2 Prid. 593. 3 Hug. 431. 5 Dav. 1112. 2 Orabb, 1215. 2 Hug. 442. Ship. 561. 3 Wilde, 8. Ship. 548. 6 Jar. 581. 3 Hug. 432. „ 432. 5 Dav. 1111. T 2 Digitized by Microsoft® 276 NOTICES. Of various Assignments— cowfowMe^. 197 Notice to an executor of assignment of all interest under a will. 198 Notice of assignment of reversion. 199 Notice of assignment of policy. 200 Notice of an absolute assignment of interest in a life policy. 201 Notice of an assignment of the equity of redemption in a life policy. Between Vendors and Ptirehasers. 202 Notice by purchaser to vendor, of his readiness to com- plete his purchase. 203 Ditto (of oats). 204 Ditto (of corn). 205 Ditto (of corn). 206 Ditto, preparatory to filing a bill or claim for specific performance. 207 Notice to complete purchase of copyholds, and that pur- chaser will be held liable for fines and fees, &c., on death. 208 Notice by purchaser to vendor, that money is producing no interest. 209 Ditto. 210 Ditto. 211 Notice by vendors to tenant of a purchaser (who failed to perform his contract) to pay rent to them. 212 Notice to a vendor of land contracted to be sold of charge by a purchaser. 213 Notice to vendors of land contracted to be sold of further charge by a purchaser. 214 Notice by purchaser to vendor, of appointment of referee to value fixtures. 215 Ditto. 216 Ditto. 217 Ditto. 218 Notice to produce title deeds in pursuance of a covenant to that efi"ect. 219 Ditto. 220 Ditto. 221 Ditto. 222 Ditto. 223 Ditto. 224 Ditto. 225 Ditto (in a trial). 226 Notice to admit deeds. 227 Notice of reserved bidding. 228 Ditto. 229 Notice of sale of part of premises by a vendor, to be endorsed on title deed retained by him. 230 Notice by the owner of land to the parson, of the time of setting out tithe, and also for the parson to remove them. 281 Notice to furnish an abstract. Wilk. 138. H. L. F. 51 „ 53. Wilk. 139. „ 139. 6 Jar. 581. 2 Crabb, 1209. Bate. 386. E. P. M. 181. Moore, 183. E. P. M. 196. 6 Jar. 583. 3 Hug. 435. Ship. 549. Wilk. 133. „ 148. „ 148. 6 Jar. 584. 3 Hug. 438. Bate, 391. E. P. M. 139. 3 Hug. 433. 6 Jar. 580. 3 Wilde, 22. 2 Prid. 591. Bate. 386. E. P. M. 183. 2 Crabb, 1221. E. P. M. 184. „ 184. 2 Crabb, 1207. 3 Hug. 437. 3 Wilde, 33. „ 38. 3 Hug. 434. Digitized by Microsoft® NOTICES. ^11 Between Vendors and Puechasees — cmiUnued. 232 Notice to furnish attested copies. 3 Hug. 434. 233 Notice not to sport over lands. „ 437. 234 Ditto. 2 Crabb, 1220. 235 Ditto. Ship. 560. Miscellaneous. 236 Notice from grantor of a licence to work a lime quarry to the grantee, for determining the term for non-pay- ment of rent and breach of covenant. 3 Hug. 421. 237 Notice from the grantor of a mining sett of his intention to avoid the sett on account of a breach of covenant on the part of the grantees. „ 422. 238 Notice from grantor requiring the render of dues to be made in kind. „ 423. 239 Notice from grantor requiring the render of dues to be made in money. „ 424. 240 Notice from the grantor to countermand the notice to make the render in money to the original render in kind. „ 424. 241 Notice from grantor requiring to be furnished with a list of the adventures. „ 425. 242 Notice ft-om grantor to be furnished with a correct plan of the working of the mine. „ 426. 243 Notice to grantees of grantor's intention to view the condition. ,, 426. a. From grantor requiring grantees to make repairs. „ 427. 244 Notice to soUar shafts, &c. „ 428. 245 Notice to grantees of grantor's intention to purchase the machinery belonging to the mine. ,, 428. 246 Notice from grantees to grantor of their intention to determine the term. „ 429. 247 Notice by the grantee of an annuity, or a mortgagee of an annuity, or of interest money being in arrear, to authorise a sale, &c., under the trusts of the deed. 3 Wilde, 5 . 248 Notice to tenants, by the trustee of a term for securing an annuity, to pay him the rent, for satisfying the arrears, &c. Kelly, 182. 249 Notice of the grant of an annuity, or of any other incum- brance upon trust property to trustees of the settlement. 3 "Wilde, 6. 250 Notice by the grantor of an annuity, of his intention to repurchase the annuity. „ 31. 251 Ditto. 6 Jar. 566. 252 Ditto. 3 Hug. 436. 253 Ditto. E. P. M. 187. 254 Notice to deliver copy of annuity deed. „ 186. 255 Notice by cestui que trust to trustees, calling upon them to sell stock, and place out moneys on mortgage. 6 Jar. 584. 256 Ditto (cestuis qne trust). 3 Hug. 436. 257 Direction by husband and wife, whose consent is made requisite to any change of investment, to sell out stock and to advance the produce at interest on mort- gage of a real estate. | 2 Prid. 594. Digitized by Microsoft® 278 NOTICES. 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 .293 MiscELLAiTEOus — Continued.. Direction by the tenant for life under a settlement to the trustees to sell lands under a power of sale and exchange, and to invest the produce in the purchase of other lands. Directions by husband and wife to trustees to make im- mediate payment of part of daughter's expectant share in the trust moneys, pursuant to a power of advancement. Notice to a trustee of an appointment by a married woman of her share and all interest under a will. Notice of a marriage settlement, from the trustees thereof to the trustees of trust moneys, under a prior will, which are included in the settlement. Notice by executors to the creditors of a testator to send in particulars of their debts. Notice by executors to the creditors of a testator to send in claims, and to persons indebted to pay (concise form). Notice to creditors under 22 & 23 Vict. c. 35, s. 29. Ditto. Notice to pay tithe rent-charge. Notice of the non-acceptance of a bill of exchange. Notice of the non-payment of a bill of exchange. Ditto. Ditto. Notice by a carrier not to be answerable beyond a certain amount. Notice to carriers by a vendor of goods not to deliver them to a purchaser. Notice of the adoption of an additional surname. Ditto. Notice of an application to justices to eject a tenant holding over. Ditto. Ditto. Notice on making a tender. Demand on constable for perusal of warrant. Notice of conveyance. Ditto. Notice to execute counterpart lease. Ditto. Notice to pay interest on simple contract debt. Ditto. Notice to pay interest, added to an attorney's letter. Notice to sheriff that goods taken only let to defendant. Notice to deliver up goods. Ditto. Ditto. Notice of claim to goods seized under a bill of sale or a writ of execution. Notice of claim to goods seized by a county court bailiff, by the trustee under a deed of assignment. Notice demanding payment of moneys under a bill of sale payable on demand. 2 Prid. 594. „ 495. Wilk. 147. 3 Hug. 430. 2 Prid. 592. Wilk. 136. „ 137. R. P. M. 197. „ 178. 3 "Wilde, 10. „ 11. Bate. 390. R. P. M. 191. 3 Wilde, 12. Wilk. 145. „ 138. R. P. M. 196. Wilk. 134. Ship. 551. R. P. M. 195. „ 194. „ 194. „ 190. Bate. 389. R. P. M. 181. Bate. 386. R. P. M. 180. Bate. 387. R. P. M. 180. „ 182. „ 182. 2 Crabb, 1211. Bate. 385. Wilk. 143. „ 144. „ 142. Digitized by Microsoft® NOTICES. 279 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 515 316 317 318 319 320 321 322 323 324 325 326 327 328 MxsGsvLmEOVB—conUniwd. Notice to an infant to return goods (in order to support detinue). Ditto. Notice to give particulars of insurance. Notice to abate a nuisance. Ditto. Notice to attorney, requiring Ms authority for issuing process. Notice of bills having been fraudulently obtained. Notice of authority of agent having ceased; Ditto. Notice not to trust a partner. Notice not to- trust a wife (absenting herself). Notice not to trust a wife (still residing with husband). Notice not to trespass. Notice not to trespass, after previous trespass. Notice to a builder to proceed according to his contract. Notice to repair fences. Notice to remove " windfalls." Notice to remove obtructions to lights, and nuisances, &c. Notice under 10 & 11 Vict. c. 38, s. 14. Notice by mill-owner to Commissioners of Sewers requiring questions to be determined by arbitration, see sects. 17, 18, and 50 of Land Drainage Act. Notice of application for outfall to adjoining owner, under sect. 73 of the Land Drainage Act. Notice of appeal to the quarter sessions against the decision of justices, relative to the repair of roads. Notice from surveyor of the high roads, of an application intended to be made by him of an assessment for the repair of the roads. Notice by surveyor of turnpike roads to surveyor of highways, of persons liable to statute duty to be laid before the justices. Notice by inhabitants, &c., to the surveyor of the high- ways, of the periods of exemption from statute duty. Notice by surveyor of highroads, of performance of statute duty not compounded for. Notice by surveyor of highroads for the compounding of statute duty by inhabitants. Notice from a surveyor of the highroads to remove nuisances, &c., in pursuance of 13 Geo. III. c. 78. Ditto. Notice for letting tolls under the General Turnpike Act, 3 Geo. ly. c. 126. Ditto. Form of notice of diverting, &c., highway. Form of a public notice of increased charges at a waggon oflBce. Notice to be given by the constable, headborough, &c., to the inhabitants, of a meeting to be held under the Highway Acts. Notice by the constable, &c., to a person having been Bate. 386. R. P. M. 183. 3) 185. JJ 185. G-reen .293. E. P. M. 187. a 189. i) 189. Bate. 390. R. P. M. 193. J) 193. J) 193. J) 192. )J 192. Wilk. 144. Moore , 184. }3 185. J> 185. Thrin g, L. D. 259 261 264 3 AYilde, 7. „ 34. „ 35. „ 35. „ 36. „ SO. Wool. W. 574. „ 575. 3 Wilde, 15. Wool. W. 562. 2 Crabb, 1207. 3 Wilde, 18. Digitized by Microsoft® 280 NOTICES. MisoBLLAHEOUs — Continued. chosen or named in a list of persons eligible to the office of surveyor. 329 Notice by a printer to the clerk of the peace, of having a press or types for printing. 330 Notice by a letter founder, or printing press maker, to the clerk of the peace of carrying on such business. 331 Notice of churchwardens and overseers of the poor, of their purposing to contract for the supply of a work- house, or for building a poorhouse. 332 Notice or declaration by the trustees of a debtor in a deed of trust for creditors, of non-conformity of debtor. 333 Notice to debtors and creditors. 334 Notice by one joint tenant, or tenant in common to his co-tenant, of his intention to sell his portion of the joint estate. 335 Notice of action to a justice. 836 Notice of action to an excise or custom-house officer. 337 Notice to supervisor of excise where loss happened or first discovered under the 11 G-eo. IV. and 1 Will. IV. c. 17, s. 37. 338 Notice to supervisor of district in which sessions held. 339 Notice of appeal against a poor-rate. 340 Notice of trying traverse, upon a presentment of road being out of repair. 341 Notice of intention to move by counsel, at sessions, to withdraw a presentment of a road being out of repair ; and notice that same will be viewed by two justices. 342 Notice of appeal against an order of removal. 343 Notice of a meeting of arbitrators to make their award; (and see Aebiteations, ante). 344 Notice by an attorney to a party in difference under a submission to produce papers to arbitrators. 345 Notice by arbitrators to produce writings for inspection. 346 Notice by one copartner to another, requiring disputes to be referred to arbitration, according to clause in deed of copartnership. 347 Notice under the Lands Clauses Consolidation Act, 1845, to treat, and deliver particulars of claim. 348 Notice that claimant will not sell part of premises. 349 Notice of appointment of arbitrator by claimant after the company has appointed one. 350 Notice to arbitrators to appoint an umpire. 351 Notice of desire to have claim settled by arbitration where land has been taken or injuriously affected. 352 Notice from claimant of desire to have compensation settled by arbitration where a counter notice has been given to take the whole of premises. 353 Notice from owner of lands taken or injuriously affected, requiring compensation to be settled by a jury. 854 Notice prior to entering on lands for surveying, taking levels, &c. 3 Wilde, 37. „ 15. „ 22. „ 17. „ 19. Moore, 187. 3 Wilde, 32. Ship. 552. „ 552. R. P. M. 174. „ 176. Ship. 557. „ 558. „ 559. „ 560. 3 Wilde, 17. „ 23. „ 24. 4 Chit. 369. Lloyd, 241. „ 245. „ 249. „ 250. „ 253. 253. 257. 268. Digitized by Microsoft® OPERATIVE WORDS. 281 355 356 357 358 359 360 361 362 363 364 865 366 Miscellaneous — continued. Notice to railway company from claimant requiring compensation as occupier under 68 sect, of "The Lands Clauses Consolidation Act, 1864." Notice to railway company from claimant requiring compensation as owner under 68 section of the last mentioned Act. Form of notice calling a parochial (or township or district) meeting to consider the propriety of a voluntary commutation of tithes, when such notice is given by land owners. Ditto. Ditto, when such notice is given by tithe owners. Ditto. Notice of adjournment of meeting. Notice of deposit of award. Notice of meeting to appoint valuers. Notice of inquiry into errors in agreements or awards. Form of notice calling a meeting to consider the propriety of requesting the tithe commissioners to inquire into and settle the boundaries of a parish or district of which the tithes are to be commuted. Notice of writ of distringas. Notices in connection with arbitrations, see Arbitration, ante. Notices of distress, see Distress, ante. Notices of dissolution of partnership, see Partnership, post. Notices in connection with maritime matters, see Shipping, post. OATHS (see Affidavits, Affirmations, and Declarations, ante). OPERATIVE WORDS. 1 By one. 2 By several. 3 Grant and release to purchaser. 4 Appointment by vendor. 5 Appointment on mortgage by appointment and demise. 6 Appointment, grant and release (concise form). 7 Eelease in fee. 8 Grant and release by husband and wife, his estate. 9 Ditto, her estate. 10 In grant. 11 Grant and release and surrender of term, vendor and mortgagee for term, to purchaser. 12 The like, mortgagee in fee, annuitant and his trustee and vendor to purchaser. 13 The like, by mortgagee under power of sale and mortgagor to purchaser. Green. 346. 347. Shel. T. 406 Eagle , 151. )J 152. Shel. T. 407. JJ 408. JJ 409. JJ 409. 5) 409. )) 416 H. L F. 52. Ship. 39 „ 39 2 Eouse, 189. jj 189 !) 190 )) 190 Ship. 39. 2 Eouse, 191. )j 191. Ship. 39. 2 Eouse, 192. » 192 )j 193 Digitized by Microsoft® 282 ORDERS. 14 The like by trustees for sale and interested parties, to purchaser. 15 EeTocation of uses in a settlement. 16 By assignees of bankrupt, mortgagee for term, and bank- rupt. 17 By mortgagee in fee, assignees and bankrupt. 18 By tenant in tail in possession. 19 By wife, to bar dower (release). 20 By tenant for life and remainderman, and mortgagees (for term of life estate and in fee in remainder). 21 By seTeral parties, where one married and wife joins. 22 By tenant in tail in remainder, with consent of protector. 23 Bargain and sale by vendor. 24 Ditto. 25 Feoffment. 26 Ditto. 27 Ditto, by corporation. 28 Surrender of copyholds. 29 Bargain and sale of copyholds. 30 Warrant to enter satisfaction on conditional surrender of copyholds. 31 Assignment of residue of term in leasehold. 32 Ditto. 33 Ditto. 34 Demise to mortgagee. 35 Ditto. 36 Transfer and confirmation of mortgage. 37 Of mortgage by trustee of term for raising portions. 38 On ordinary lease. 39 Ditto. 40 Ditto. 41 In leases under powers where the power has not been previously recited in the deed in preparation. 42 In leases under powers, where the power has been previously recited in the deed in preparation. 43 In a surrender. 44 Ditto. 45 In a release. 46 Declaration of holding stock on trusts. 47 Assignment by intended wife. 48 Grant by intended wife. 49 Trustees to stand seised to uses, &o., after expressed. ORDERS. 1 Order of the ordinary, patron, and incumbent, for the application of surplus money borrowed by incumbent. 2 Order of the trustees of a turnpike road, for erecting a side gate. 3 Ditto. 4 Order of trustees of a turnpike road, for erecting a weighing machine. 5 Ditto. 6 Order of trustees of a turnpike road, for reducing the tolls. 2 Rouse, 193. 193. 194. 194. 195. 195. „ 195. „ 196. „ 196. „ 197. Ship. 39. „ 39. 2 Eouse, 197. 197. 197. 197. 198. 199. Ship. 39. 2 Piatt, 592. 2 Eouse, 199. Ship. 39. 2 Eouse, 199. „ 199. 199. 2 Pfatt, 591.' Ship. 39. 2 Piatt, 591. „ 592. „ 592. Ship. 39. ,, 39. 2 Eouse, 200. „ 200. 200. 200. 3 Wilde, 40. „ 41. Wool. W. 569. 578. 3 Wilde, 42. 43. Digitized by Microsoft® PARCELS, GENERAL WORDS, &o. 283 7 Order of two justices to repair a county bridge, under the 52 Geo. III. c. 110, s. 1. 8 Order of two justices for widening a highway under the General Highway Act. OUTSTANDING TERMS [8 & 9 Vict. c. 112], {see AssiaraiBHTg, ante). PARAPHERNALIA (BEQUEST OF) (see "Wills, post). PARCELS, GENERAL WORDS, &c. 1 Parcels with general words. 2 Parcels in deeds. 3 New and old description. 4 Description by schedule. 5 Ditto, by map or plan. 6 Ditto, by reference without plan. 7 General description of copyholds. 8 Description of house and land. 9 Description after full description in recital. 10 Description (sweeping). 11 General words. 12 Ditto. 13 Eeversions, &c. 14 Estate, &c. 15 Deeds. 16 Description of manor with market, fairs, &c., and general words. 17 Description of adyowson. 18 Description of next presentation. 19 Description of tithe rent-charge. 20 Description of impropriate tithes of rectory. 21 Description of remainder or reversion. 22 Description of rent-charge in fee. Freehold ground rent. 23 Description of right of way. 24 Ditto, to follow the general words. 25 Liberty to use water on certain days. 26 Description of moiety or other share. 27 Description of freehold parts, when mixed up with copy- holds. 28 Description of benefit of agreement for building lease and unfinished house. 29 Description of bond debt. 30 Description of share in inyestments under a will. 31 Description of life interest in dividends. 32 Description of life annuity given by will. 33 Description of policy of life assurance. 34 Description of principal and interest money due on mort- Wool. W. 568. 562. 1 Prid. 186. Ship. 41 2 Eouse, 202. J) 202. J) 202. JJ 204. )) 204. ;> 204. 3) 204.. j; 205. ;> 205. 2 Piatt, 595. 2 Rouse, 206. JJ 207. ij 207. }i 208. J> 208. 208. )> 209. J) 209. Jj 210. )) 210. jj 211. 2 Piatt, 593. )J 593. 2 House, 211. J) 211. 33 211. 3) 212. 33 212. 33 213. 33 213. ii 213. 214. Digitized by Microsoft® 284 PARLIAMENTARY FORMS. 35 Description of ship or Tessel or share in. same. 36 General words on lease of a house, &c. 37 Fixtures in schedule. 38 Uses of farniture and fixtures. 39 Tolls of a market. 40 Description of tolls of turnpike road on a lease. 41 In an assignment or surrender of a lease ; the lease having been previously recited. 42 In an assignment or surrender of a lease ; the lease not having been previously recited. PARISH APPRENTICES (see Appebntioeship Deeds, ante). [7 & 8 Vict. c. 101, s. 13 ; and see 14 & 15 Vict. c. 11 ; and 17 & 18 Vict. c. 104.] PARISH PROPERTY. 1 Eequest to the guardians to apply to the Poor Law Com- missioners to consent to sale. 2 Eequest to the Poor Law Commissioners to consent to sale. 3 Declaration of possessory title. 4 Notice of meeting to consent to sale of workhouses, &c. 5 Eesolution to be entered in vestry book. 6 Certificate of minister, churchwardens, and overseers, of the forms of Act having been complied with. 7 Conditions of sale. 8 Form of conveyance applicable either to freeholds or lease- holds. 9 Conveyance of copyholds. PARLIAMENTARY FORMS. 1 A bill (or private Act) for regulating the building of houses and other erections in a town, and for other purposes connected therewith. 2 A bill (or private Act) for building a new church, and levying rates for the purpose. 3 A bill for erecting a chapel of ease. 4 Ditto, by an individual (with variations). 5 A bill for taking down and rebuilding or repairing a church or chapel. 6 A biU for providing an additional burial ground for a parish. 7 A bill (or private Act) for building a new gaol, bridewell, or house of correction. 8 Ditto. 9 A bill for the formation of a Joint Stock Company. 10 An Act for enabling a company or private person to make a railway or tramroad. 2 Eouse, 214. „ 215. 2 Piatt, 592. 2 Eouse, 215. 2 Piatt, 593. 2 Eouse, 218. 2 Piatt, 594. „ 594. Ship. 568. „ 569. „ 570. „ 572. „ 573. „ 574. „ 574. „ 577. ,. 579. 3 Wilde, 45. „ 66. „ 120. P. P. A. P. 665. 3 Wilde, 128. „ 132. „ 164. P. P. A. P. 659. 3 Wilde, 181. „ 217. Digitized by Microsoft® PARLIAMENTARY FORMS. 285 11 An Act or bill for the dissolution of a Joint Stock Com- pany. 12 A bill or Act to dissolve a marriage, by reason of adaltery in the wife, and to enable the husband to marry again. 13 A bill (or private Act) to authorise or confirm the exchange of estates. 14 A bill (or private Act) to enable a tenant for life or other person to grant leases, common, building or mining. 15 Additions, &c., to the preceding bill, empowering the granting of mining leases. 16 A bill (or private Act) for granting leases of copyhold land. 17 A bill (or private Act) for making or confirming a partition between joint tenants, tenants in common, or co-parceners. 18 A bill (or private Act) for the sale of estates for payment of debts, &c., or other purposes. 19 An Act to enable a minor to settle estates on marriage. 20 A local Act for making a canal by an incorporated com- pany (with variations). a. Addition, &c., where it is intended that the mort- gagees or annuitants shall have a power of sale in default of payment of interest or annuities. 21 A bill (or private Act) for the making of a canal. 22 A local Act for making a canal in Scotland. 23 A local Act for improving the navigation of a river, and making a canal by an incorporated company, where part of the joint stock is to be applied under the direction of the Commissioners of Sewers (with variations). 24 A local Act for constructing waterworks and supplying a town with water, by an incorporated company (with variations). 25 A local Act for making a railway and branches by an incorporated company, where a considerable portion of the joint stock is advanced by a nobleman (with variations). 26 A local Act for making a railway on a more limited scale. 27 A local Act for constructing a tunnel under a river by an incorporated company. 28 A local Act for constructing docks and works connected therewith. 29 An Act for consolidating and amending several Acts relating to a dock, with various clauses applicable to the regulation of a dock, on an extensive scale. 30 A local Act for forming or improving a harbour. 31 A local Act for building a bridge by commissioners, the expenses being defrayed partly out of the county rate, and partly by a sum advanced by the trustees of a turnpike road, &c. 32 A local Act for building a bridge by an incorporated company. 33 A local Act for making a turnpike road in England. 3 Wilde, 255. 278. 283. 291. 303. 308. 314. 323. 335. P. P. A. P. 1. „ 118. 3 Wilde, 402. P. P. A. P. 121. 126. 178. 227. 304. 318. 360. 374. 381. 389. 421. 424. Digitized by Microsoft® 286 PARTICULARS OF PROPERTY. 34 A local Act for repealing and amending an Act for repair- ing roads in Scotland. 35 A bill (or private Act) for inclosing waste and common field lands. 36 A local Act for inclosing common lands, and exonerating the same from tithes (with variations). 37 A local Act for draining and improving lands. 38 A local Act for paving, lighting, watching, repairing, and improving several streets, squares, and places in London. a. Additions, &c., where houses are to be built according to certain dimensions, and under the directions of district surveyors, &c. 39 A bill (or private Act) for lighting and otherwise improv- ing a town, the public buildings therein, and the police thereof. 40 An Amended Local Act for regulating the police of a barony in Scotland, paving, cleansing, and lighting the streets, regulating the delivery of coals, watching and improving the town, and erecting a bridewell. 41 A local Act for lighting several towns with gas by an incorporated company. 42 A local Act for removing markets, erecting a corn exchange, improving market places, regulating fairs and markets, and erecting a subscription bridge. 43 A local Act for enabling her Majesty to grant letters patent for establishing a theatre. 44 A local Act for appropriating two chapels, as chapels of ease, to a parish church. 45 A local Act for better assessing and collecting poor's rates, &c. 46 An Amended Local Act for the better relief and employ- ment of the poor, &c., by governors and directors. 47 A bill (or private Act) for better providing for the main- tenance, &c., of the poor. a. Additions to the preceding Act, where a select vestry is authorised. 48 A bill (or private Act) for the abolition of tithes in a parish, and substituting a composition in lieu of them. 49 A bill (or private Act) for enabling a company to sue and be sued in the name of one of its officers {see Com- panies Acts, 1862 — 67). 50 An Act for adding the surname of a devisor to that of a devisee in pursuance of the devisor's will. PARTICULARS OF BREACHES OF, AND OBJECTIONS TO, PATENTS [15 & 16 Vict. c. 83, s. 41], {see Patents, post). PARTICULARS OF PROPERTY {see Auctions, ante). P. P. A. P, 432. 3 Wilde, 376. P. P. A. P. 441. 476. 497. „ 566. 3 Wilde, 337, P. P. A. P. 574. 616. 648. „ 658. „ 683. 690. „ 695. 3 Wilde, 431. » 447. „ 451. „ 469. „ 400. Digitized by Microsoft® PARTITION. 287 PARTITION. Agreements. 1 Agreement for a partition of freeholds. 2 Ditto. 3 Agreement for a partition of freeholds and copyholds, to be effected by mutual conyeyances. 4 Agreement between two joint tenants of freeholds or copy- holds to make partition. 5 Agreement between two joint tenants to hold in severalty. 6 Agreement between parties entitled under a will to make equal distribution. 7 Agreement for a deed of partition between joint tenants of freehold lands (with variations). 8 Agreement by two tenants in common for partition. 9 Agreement to make a partition, and to apply to the inclosure commissioners to give effect thereto. 10 Ditto. 11 Agreement for the division and inclosure of common lands, between the lord of the manor, incumbent of the parish, and proprietors of rights of common. 12 Agreement for a partition of freehold, copyhold, or lease- hold premises, in possession, remainder or reversion ; where the part which each is to take in severalty has been previously ascertained ; and it is referred to com- missioners or their umpire, to determine the sum to be paid for equality of partition (the most simple form). 13 Agreement for a partition by commissioners, of ft'eehold and copyhold premises, between two coheiresses and their husbands, and the trustees of a settlement of the share of one ; and that certain parts of the property shall be taken as part of each allotment. 14 Agreement to leave it to arbitrators to make a partition, and to dismiss a bill in chancery for a partition, where one of the parties is seised of seven-eighths, and the other party of one-eighth, of a manor, farm, and lands. 15 Agreement for a partition by one commissioner, where one of the parties is seised subject to contingent re- mainders, which makes it necessary to procure a private act of parliament ; and that a close of land of which the parties are seised in common, to uses to prevent dower on a joint purchase, shall go with the allotment, which shall include a dwelling-house adjoining, at the price of half of the money paid for the close. 16 Agreement between a husband and wife, tenants for life successively, of one moiety of freehold lands, with a power in the wife to appoint in fee, and in trustees to concur in making partition, on the one part ; and the tenant ia common in fee of the other moiety, on the other; subject to mortgages for years of the entirety; for a partition by commissioners or their umpire, who are to make the allotments without the parties drawing lots. Prior, 87. K P. M. 26. 2 Dav. 74. 1 Crabb, 128. „ 132. „ 133. 1 Wilde, 177. 1 Prid. 108. 2 Dav. 77. 1 Crabb, 129. 1 Hug. 31. 1 Jar. 590. „ 595. „ 602. 608, 613. Digitized by Microsoft® 288 PARTITION. Ageeements — con tinued. 17 Agreement for effecting a partition of freehold and copy- hold estates by two commissioners, between a lady on the eve of marriage, and her sister and her husband ; release in fee of the freehold estates, covenant to sur- render the copyhold estates to trustees, upon trust to effect the partition. Freeholds. 18 Partition deed. 19 Ditto. 20 Ditto. 21 Ditto. 22 Ditto. 23 Ditto. 24 Deed of partition of freehold estates between three co- heiresses. 25 Ditto, one of whom pays a sum by way of equality of partition. 26 Ditto. 27 Conveyance of freeholds by two co-heiresses to a trustee for partition, adapted to the case where money is paid for equality of partition. 28 Conveyance by the trustee under the last precedent to one of the partitioners ; covenant by the other partitioner for production of deeds. 29 Feoffinent in fee of gavelkind lands, by three co-heirs, (one of whom is an infant), to a trustee for partition. (Variation where the trust is merely to re-convey to the feoffees as tenants in common.) 30 Conveyance of an allotment to one of the co-heirs by the trustee under the preceding deed. 31 Partition of freeholds by absolute and fiduciary owners ; money paid for equality of partition. 32 Partition between two tenants in common in fee, by separate deeds. (Eecital of escheat and grant by the crown). 33 Ditto. 34 Deed of partition of freehold lands by joint tenants (with variations). 35 Deed of partition of freehold messuages between two co- heiresses (a short form). 36 Deed of partition between two co-parceners, tenants in common in tail, one of whom is married, with her hus- band's concurrence. 37 Conveyance by five tenants in common to a trustee, who is to apportion the premises into five equal shares, to be holden in severalty in lieu of the undivided portions. 38 Appointment in pursuance of the power contained in the last precedent. 39 Partition by tenants for life and in tail of a manor, ad- vowson, and freehold lands, the manor being taken in severalty by one party. 1 Jar. 617. 2 San. 223. Dav. Con. 296. Prior, 82. Hayes, 696. 5 Dav. 482. 1 Jones, 421. 3 Hug. 78. C. 201. 2 Prid. 498. Sweet, 127. „ 129. „ 130. „ 132. Prior, 83. Sweet, 125. 3 Hug. 83. 3 Wilde, 475. 6 Jar. 614. 3 Hug. 86. „ 109. „ 112. 5 Day. 501. Digitized by Microsoft® PARTITION. 289 Freeholds — continued. 40 Partition as to one-seventh and one-ninth parts of two freehold estates held under different limitations and in different shares by tenants in common — the remaining parts being relimited to the persons previously entitled thereto in their former shares ; covenants as to the pay- ment of a life annuity. 41 Partition of freeholds and mines under a decree of the Court of Chancery made in a partition suit. The con- veyance being made, as to one moiety, by trustees with a power of partition and an annuitant, and as to the other moiety, by a tenant for life and tenants in common in remainder, and the mines under parts of the lands taken in severalty by the owners of one moiety being conveyed to the owners of the other moiety, with powers for getting the same ; provisions for apportioning the rents in existing leases and for the custody and production of the title deeds. 42 Release in fee executed in pursuance of a decree of the Court of Chancery for effecting a partition between the absolute owner of five undivided sixth parts, and the parties interested under a marriage settlement in the remaining sixth, a sum of money being paid for equality of partition. 43 Deed of appointment of freeholds, by the owners of two undivided moieties, empowering a third person to make a partition, and convey the respective allotments to the several shareowners. 44 Deed of appointment in pursuance of the power vested in the person empowered to make partition by the last deed, conveying the several allotments to the respective owners of the undivided shares. (Indorsed on last deed.) 45 Release in fee and deed of revocation and new appoint- ment, carrying into effect a partition between the abso- lute owner of one moiety in fee, and the trustees of a marriage settlement, exercising a power of revocation and new appointment over the other moiety. 46 Partition (by separate deeds) of a freehold estate, which has descended in fee simple to five co-heiresses, of whom two are married, a third has died, having devised her undivided share to a married man, whose wife is contingently entitled to dower, and the remaining two are unmarried ; one of the married heiresses has settled her share, one of the unmarried heiresses has mortgaged her share, and the other has sold hers. a. Conveyance and appointment of a divided fifth part of the lands held in co-parcenary, to one of the married co-heiresses in fee. h. Conveyance of another divided part of the lands held in co-parcenary, to the uses of the marriage settlement of another co-heiress. c. Conveyance and appointment of another divided fifth part of the lands held in co-parcenary, to 5 Dav. 514. „ 520. 6 Jar. 625. „ 636. 640. 642. „ 646. „ 646. „ 654. Digitized by Microsoft® 290 PARTITION. Feebholds — I the uses and upon the trusts limited and de- clared in a prior mortgage deed concerning the undivided share of another co-heiress. d. Conveyance and appointment of another divided fifth part of the lands held in co-parcenary to a purchaser of the undivided share of another co- heiress. 47 Deed of appointment of uses in severalty of freehold estates (subject to a subsisting life estate) by a referee to vrhom they had been conveyed by three tenants in common, in trust to make partition, and appoint the shares, when ascertained, to the persons entitled to them. One of the owners has since died, having devised his undivided share to certain uses; another owner has refused to assent to the partition determined on by the referee. 48 Deed of partition between tenants in common in tail, being brothers and sisters, two unmarried and the others married ; the wives of those married concur to bar their title of dower, and the others, with their husbands, convey the estate to a releasee, to the use of the different parties in severalty. 49 Partition between joint tenants in fee and co-parceners in gavelkind. 50 Partition deed by tenants in conunon. 51 Partition between co-partners on dissolution of co-partner- ship. 52 Ditto. Copyholds. 53 Partition of copyholds (between joint tenants). 54 Ditto (between co-parceners). 55 Ditto (between tenants in common, by deed of cove- nant). Leaseholds. 56 Deed of partition of leasehold premises by joint tenants (with variations). 57 Ditto, by three joint tenants. 58 Partition 'of leaseholds by two tenants in common. (Varia- tion when made by two joint tenants.) 59 Partition of leaseholds. 60 Partition of leaseholds by absolute owners (by mutual releases). 61 Partition of leaseholds by absolute fiduciary owners (by assignment to a trustee). 62 Ee-assignment by the trustee under the preceding assur- ance (by indorsement). 63 Deed of assignment, in the nature of a partition, by two tenants in common mutually assigning their respective shares in leasehold property. 6 Jar. 655. 657. 665. 1 Jones, 232. „ 416. Green. 350. 1 Jones, 418. „ 431. 1 Kouse, 140. „ 141. „ 142. 3 Wilde, 488. 5 Dav. 540. 1 Jones, 425. Hayes, 698. Prior, 85. „ 86. „ 87. 6 Jar. 618. Digitized by Microsoft® PARTITION. 291 Leaseholds — continued. 64 Deed of partition between three tenants in common of leasehold premises bequeathed to them by a will, of which they are also the executors and residuary legatees, a sum of money being paid to one of them by the two others for equality of partition, with mutual covenants between them for payment of the rents and performance of the covenants in respect of the assigned premises, and also with mutual powers of distress for the recovery of any sums of money which any one of them may be compelled to pay through the default of the others. 65 Deed of assignment, in the nature of a partition, made between two late partners, of a dwelling-house, shop, and warehouses, held under one lease, apportionment of renewed rent, with cross powers of distress. Freeholds and Copyholds. 66 Deed of partition of freehold and copyhold estates (general precedent, with variations where there is a declaration to bar dower). 67 Partition by four co-heirs of freeholds and copyholds. Two of the shares having been settled on marriage ; the par- tition as to them is made under powers in the settle- ment. Appointment in equal shares of a rent-charge charged on all the lands partitioned, with cross powers of distress. 68 Partition between two co-heirs of freehold and customary freehold estates, and personalty. Freeholds, Copyholds, and Leaseholds. 69 Deed of partition of freeholds, copyholds, and leaseholds, between three tenants in common. 70 Ditto. 71 Partition of freeholds, and copyholds, and leaseholds, by three persons who are interested in the freeholds and copyholds as co-parceners, and in the leaseholds as tenants in common. A part of the freehold and copy- hold is allotted to each, and the two leasehold houses are allotted equally to two out of the three tenants in common, at an apportioned rent in respect of each house. Miscellaneous. 72 Memorandum of the deposit of deeds with a stranger on behalf of the parties interested under a partition. 73 Covenants in deed of partition where the several shares are limited to various uses. 74 Power to partition where an undivided share of an estate is settled. 3 Hug. 91. 6 Jar. 658. 2 Crabb, 1224. 5 Dav. 485. 1 Jones, 412. 6 Jar. 621. 3 Hug. 101. 2 Prid. 500. Prior, 89. 2 Crabb, 1229. „ 1231. IT 2 Digitized by Microsoft® 292 PARTNERSHIP. PARTNERSHIP. Generally. 1 Articles of partnership. 2 Ditto. 3 Ditto. 4 Ditto. 5 Ditto. 6 Deed of co-partnership between two persons. 7 Ditto. 8 Ditto. 9 Ditto. 10 Ditto (a new form). 11 Ditto. 12 Ditto. 13 Ditto (general form). 14 Ditto. 15 Ditto (general form). 16 Ditto (concise deed). 17 Ditto, with ordinary clauses. 18 Ditto (a short form). 19 Ditto. 20 Ditto (general precedent). 21 Ditto, where the capital is advanced in equal shares. Variation, where the capital is advanced in unequal proportions. 22 Articles of partnership between two traders, with ordinary clauses. Profits to accumulate until capital is of a certain amount. (A very concise form.) 23 Deed of partnership between two merchants, with ordinary clauses. On the dissolution by effluxion of time or notice, effects to be divided ; the choice of shares to be determined by casting lots; arrangements as to con- signments, &c. On the death of either, the survivor to take the share of the deceased, according to the last ge- neral account, with a certain allowance in lieu of profits. 24 Deed of partnership between two persons for their joint lives. Eecitals and stipulations as to the purchase by the intended partners of the goodwill and stock-in- trade of their business. 25 Articles of partnership between three persons, with un- equal division of profits. 26 Deed of partnership between two acting partners, and a dormant partner. 27 Partnership deed between an acting and a dormant partner, where the latter is to receive a per-centage on the capital advanced by him, without being liable to contribute to losses, and to be repaid the capital advanced by him on the dissolution of the partnership, independently of profit or loss. Variation, where there are two acting partners. 28 Deed of partnership between several manufacturers, two of whom are active, and the rest dormant partners. Hayes, 765. Moore, 29. Dav. Con. 488. Wilk. 149. H. L. F. 149. 2 Prid. 551. Sweet, 133. Ship. 585. 1 Jones, 21. „ 24. 5 Dav. 789. Brooke, 354. Bisset, Ap. 1. Gary, 322. Golly. 825. 4 Ghit. 107. 3 Hug. 245. 7 Jar. 123. Green. 351. 2 Crabb, 681. 3 Hug. 162. 7 Jar. 260. „ 235. 5 Dav. 799. Prior, 270. 3 Hug. 220. 226. 232. Digitized by Microsoft® PARTNERSHIP. 293 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Generally — i Deed of co-partnership between two manufacturers, where one of them is a dormant partner. Deed of partnership where one partner is to receive ten per cent "!on the capital advanced by him, without being liable to contribute to losses, and, at the dissolution of the partnership, the sum advanced by him is to be repaid, independently of profit or loss. Ditto. Deed of partnership between two manufacturers, where each is engaged separately in other businesses. Capital not to be diminished, but losses to be made good by partners out of their separate estates. On the decease of either partner, his capital to be lent to the sur- viving partner, and any new partner whom he may take, until the end of the partnership term. Co-partnership deed between a principal partner and two in-coming partners. Deed of co-partnership between four persons. Articles of co-partnership between five persons in trade. Deed of co-partnership between six persons as merchants, with some special clauses. Deed of partnership between four acting partners and one sleeping partner. Articles of co-partnership between two merchants, one in London, and one in a foreign establishment. Articles of co-partnership of merchants when one or other of the partners is to go abroad and conduct the business there. Articles of partnership between three merchants, trading between London and Buenos Ayres ; one partner to 'be resident in England, and two abroad. An annual allowance to be made to the respective partners; the rest of the profits to accumulate ; certain commercial speculations of one of the partners to be taken by the concern. Arrangements respecting an Estancia and two Saladeros (some of the speculations in question) at the dissolution ; various clauses adapted to a mercantile firm abroad. (Variation where the business at home and abroad is carried on under different firms, and the shares of the respective partners in- each are different.) Articles of partnership between merchants carrying on business in different parts of the world. (A short form.) Agreement by one co-partner with two other persons, to admit them to an equal participation in the profits of his share, by way of sub-partnership, on their cove- nanting to contribute an equal proportion of the sums advanced and to be advanced by him as capital, and of all losses. Declaration of trust by him accordingly. Covenants by such partner not to exercise a power of determining the original partnership given him by the articles, and also to perform such articles. Also, to produce partnership accounts, and communicate in- 2 Crabb, 694. 7 Jar. 229. Bisset, Ap. 35. 7 Jar. 165. 2 Crabb, 687. 2 Prid. 562. Cary, 307. G-ow, 381. 5 Dav. 859. 2 Crabb, 715. Brooke, 349. 7 Jar. 245. „ 254. Digitized by Microsoft® 294 PARTNERSHIP. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Geneballt — continued. formation to the sub-partners so far as he lawfully can, consistently with his covenants with his original partner. CoTenant by sub-partners to bear their pro- portion of losses, &c. ; and not personally to interfere. Style of firm not to be changed. (Variation where an allowance is to be made to the partner, for the trouble of management.) Concise form of agreement for a partnership in trade between two or more persons, previous to the execution of a formal deed. The like more formal, and stating particularly the terms of co-partnership. Deed of co-partnership where real property is brought into the concern, with numerous stipulations. Deed of co-partnership admitting a new partner into a firm, and providing for the future carrying on of the business of merchants and warehousemen and factors. Indenture of co-partnership applicable to any trade or business, with the usual covenants. Deed for the establishment of a partnership company of proprietors in a retail or other trading concern. Between Attornies. Deed of co-partnership between attornies. Ditto. Ditto. Ditto. Articles of co-partnership between two attornies, where one is an incoming partner. (Variations where a premium is given.) Deed of partnership between two solicitors, with ordinary clauses, and with additional and substituted clauses to be inserted as occasion may require. Deed of partnership between solicitors, with ordinary clauses, including provisions (rather special) relating to the custody of drafts, papers, &c. ; also an agreement to make an allowance for deficiency in the actual below the estimated amount of the proportion of business brought by each partner. Articles of partnership between two solicitors, one of whom intends to withdraw his name, and gradually to retire from the management of the business, but has an option to become partner for an extended period, and upon new terms, on the repayment of a moiety of a sum of money now advanced by the other for the pur- chase of his fixtures, &c. Stipulations as to change in the name of the firm, &c. Deed of partnership between two solicitors, in considera- tion of a premium by one of them, covenanted to be paid by instalments. Special provisions for apportion- ing the labours of the business ; also as to business to be transacted for relations ; for a return of part of the 7 Jar. 299. 4 Chit. 84. „ 85. „ 98. „ 87. „ 122. 3 Wilde, 497. 2 Prid. 571. Ship. 581. Bisset, Ap. 17. Colly. 844. 2 Crabb, 737. 3 Hug. 179. 7 Jar. 132. 146. Digitized by Microsoft® PARTNERSHIP. 295 58 59 60 61 62 63 64 65 Between Attornies — continmd. premium in case of business not yielding a certain profit ; also in case of death within a given period. On the death of either within the term, business to be carried on by surviving partner for the benefit of himself and the representatives of the deceased partner, for a prescribed period, and then the affairs to be wound up. Power to senior partner to retire on giving notice ; in which case he covenants not to practise, but to do all in his power to promote the interest of the other. Provisions respecting the custody of papers at the dissolution, &c. Deed of partnership between three London attornies and solicitors, two of them having carried on business in partnership previously, and taking in the managing clerk as a partner. Provision for the senior partner retiring, and for securing an annuity to himself, or, on his death, to his widow, and for another partner iatro- ducing his son. Between Surgeons and Medical Men. Deed of partnership between two medical men, for a term determinable on the death of either. Deed of co-partnership between surgeons and apothe- caries. Articles of co-partnership between two surgeons, where one of them proposes to relinquish his business to the other. Deed of partnership between chemists and druggists. (In addition to ordinary clauses), special provision respecting a deceased partner's share, in the event of the surviving partner entering into partnership with a relative of the deceased ; distinct provision for the event of such partnership being declined by either party. Between Farmers. Deed of partnership between two farmers. Partnership between two farmers, with equal division of profits ; purchase of half the stock by the partner entering the business, and provision for the purchase of a deceased partner's share. Deed of partnership between two farmers, for the term of a lease which had been granted to one ; stock, &c., to be valued ; a proportion of which, and also a premium, to be paid by iucoming partner. On the death of one of the partners, concern to be carried on by the other, with the representatives or testamentary nominee of the deceased partner ; allowance to surviving partner, for trouble of management. If the other partner dies, the surviving partner may determine partnership by notice ; otherwise to carry on the concern jointly with 7 Jar. 151. 5 Dav. 816. „ 807. 2 Prid. 575. 2 Crabb, 743. 7 Jar. 272. Colly. 848. Prior, 272. Digitized by Microsoft® 296 PARTNERSHIP. Between Faembes — continued. the representatives, &c. At the end of term, one partner to have the liberty of purchasing any part of the stock. Between Brewers. 66 Partnership deed between two brewers, with ordinary clauses, and special clauses to be inserted, if required, 67 Deed of partnership between two brewers. 68 Ditto. 69 Partnership deed between a brewer and his clerk, the latter of whom is admitted to one-fourth share of the partnership, in consideration of his conducting the general management of the business. 70 Deed of partnership between a brewer and his clerk ; the latter being admitted to one-sixth share, on his paying one-sixth of the value of the brewing utensils, stock, goodwill, &c. ; assignment of share. On the deter- mination of the partnership by efliuxion of time or notice, the senior partner to have the option of pur- chasing junior partner's share at a valuation, to be secured by bond. Goodwill and certain parts of the stock to be valued in a prescribed manner. Senior partner to collect the credits ; and, after a certain period, to purchase such as are outstanding. Assign- ment, powers, and indemnities to be executed. One partner to attend to the business, the other need not ; one may assign, the other not. In case of death of either, the senior partner, or his representatives, may purchase the other's share. Indemnity against actions to be brought by such representatives in the other's name. Partnership determinable by either on notice. Clauses defining the rights and duties of either partner, in which they are for the most part placed on a different footing. Arbitration clause. Between Coal Merchants. 71 Deed of partnership between coal merchants, with pro- vision for substituting a minor, when of age. 72 Deed of partnership between coal merchants ; with (in addition to ordinary clauses) provisions that, in case of the death of either partner, the survivor shall carry on the business, and allow the representatives of the deceased partner an annual sum in lieu of profits. 73 Deed of partnership between persons carrying on business as coal and iron masters, with provisions for appointing a general manager, and for making the decision of the majority in value conclusive in the management. Power for partners to introduce sons, and to nominate representatives to succeed them. 74 Deed of partnership between two colliery proprietors and coal merchants, and a sleeping partner, who is allowed 7 Jar. 290. 3 Hug. 193. Colly. 831. 2 Crabb, 731. 3 Hug. 205. 7 Jar. 203. Bisset, Ap. 24. 7 Jar. 264. 5 Dav. 832. Digitized by Microsoft® PARTNERSHIP. 297 75 76 77 78 79 80 81 82 84 85 86 87 Between Coal Mbkchants — i to become an acting partner on acquiring a sufficient knoTvledge of the business. Provisions for the expulsion of a partner on breach of covenant or bankruptcy, &c., and for representatives succeeding to share of deceased partner. Deed on the admission of an administrator to the share of an intestate in a colliery co-partnership. Deed of partnership in mines. Deed of partnership in a colliery. Deed of partnership in a coal mine, demised to trustees. Clauses regulating the transfer of shares, the capital to be employed. The appointment and duties of a manager. General meetings and settlements of accounts ; powers to dissolve or to extend the term of the partner- ship ; power to expel partners who do not observe the regulations ; and usual clauses. Between Bankers, Brokers, and Others. Deed of partnership between four bankers. Articles of co-partnership between bankers. Deed of partnership between town and country bankers, consolidating these respective firms. Leases, fixtures, &c., to be taken at a valuation. Provisions respecting the management of the business at the several establish- ments ; voice of the majority in regulations of business to bind the whole ; special power to determine the partnership on various acts or defaults by any partner or partners, or in case of lunacy ; authority to insert notice of dissolution in the London Gazette ; also power to partners respectively to withdraw from the partner- ship on certain terms ; special arrangements for winding up the affairs and disposing of the property on a dis- solution ; and some general clauses adapted to a banking partnership. Special agreement to refer disputes to arbitration. Deed of co-partnership between ship and insurance brokers, with special clauses. Articles of co-partnership between wharfingers or canal carriers. (Variations for common carriers.) Deed of partnership between three persons as auctioneers and surveyors, of whom two had previously been engaged in the same business, and the third had acted as clerk to one of them, with ordinary clauses. Deed of partnership in the business of coach-makers, with provisions for one of the partners (a minor) subjecting himself to the articles when of age. Deed of partnership between two haberdashers. Deed of partnership between four jewellers, goldsmiths, and silversmiths, containing special clauses ; business to be carried on in premises belonging to one of the partners ; partnership to pay additional rent for im- 5 Dav. 845. Clay. 186. Bain. 745. Colly. 861. 7 Jar. 384. Colly. 838. 2 Crabb, 719. 7 Jar. 180. 2 Prid. 558. 2 Crabb, 701. Gow, 375. Bisset, Ap. 8. Colly. 853. Digitized by Microsoft® 298 PARTNERSHIP. 89 90 91 92 93 94 95 Between Bankers, Brokers, and Others — i provements ; capital to be contributed by the partners, partly in stock, partly in money ; capital to be reduced at certain periods. At the expiration of the partnership, certain partners to have the option of taking to the capital stock at the last yearly valuation ; on the death of certain partners, the survivors to take to their shares ; on the death of others, the survivors to have the option so to do ; partnership to continue between survivors to the end of the term ; surviving partners to pay for the share of deceased partner, by annual instalments, with special power to the representatives of the deceased, in certain cases, to call for immediate payment out of the partner- ship assets ; if partners, having an option, decline to pur- chase, affairs to be wound up, and the effects of the partnership (including goodwill of trade) to be disposed of. Power to any of the partners to withdraw at certain periods, on notice ; their shares, in such cases, to be paid by annual instalments, to be secured by bills ac- cepted by the continuing partners, who are also to give a joint and several bond of indemnity against the debts ; partnership to subsist until the end of the term between the remaining partners ; on any division of the partner- ship effects, shares to be selected by ballot ; power to one of the partners to admit his son into the partner- ship. (Various clauses in regard to powers of admitting relatives, bequeathing shares, &c.) Deed of partnership between two acting partners and one sleeping partner in a sugar manufactory. Provision for the acting partners taking the management of different parts of the business. Deed of partnership between a patentee and another for conducting a patent, with ordinary, and also some special clauses. Deed of partnership between two persons in the business of manufacturing and vending a machine, for which one has obtained a patent; the other to contribute the capital. Power to either partners to dissolve the part- nership on breach of covenant by the other ; option to executors or administrators of a deceased partner to succeed to his share, but not to interfere in the manage- ment; if they decline, the share to be taken by sur- viving partner at a valuation : with usual clauses, some- what varied from those of the former precedents. (A short form.) Assignment of a moiety of patents, and agreement for partnership in the business of making and vending the articles patented, with usual clauses. Deed of co-partnership between parties to bear joint risk as to profit and loss in a maritime adventure. Agreement respecting a concern with a vessel in a co- partnership. Agreement to hold parts in a cargo. Agreement for investing a sum of money to be laid out in 7 Jar. 307. 5 Dav. 826. 3 Hug. 239. 7 Jar. 171. „ 391. 4 Chit. 135. » 137. „ 137. Digitized by Microsoft® PARTNERSHIP. 299 Between Bankers, Beokees, aud Othees — < the purchase of produce in the "West Indies, and each party to have an equal share of the profits. Various Deeds, &c., in connection with Partnerships. 96 Admission of a partner. 97 Admission of the son of one of two partners to a particular part of his father's share in the business, pursuant to a power contained in the articles of co-partnership. Assignment by one partner, in pursuance of a power in the partnership deed, of a portion of his share to his son, who is admitted into the partnership. Mutual covenants by original partners and new partner to per- form the covenants in the partnership deed. Admission of a new partner, by annexing the same to the co-partnership deed. Assignment of a moiety in a co-partnership, and admis- sion of a new partner (by indorsement). Deed of assignment (indorsed on articles), by which one of the partners, with the consent of the others, assigns a moiety of his share to a third person who is admitted into the partnership. Mutual covenant by the old partners and new partner to perform the articles. Eeceipt for the purchase-money of half interest in a business, and explaining articles of partnership. Deed of partnership where a third partner is admitted to a firm originally consisting of two persons, to be in- dorsed on the original partnership deed. Agreement between a manager and his employer as to the terms of the employment. Appointment of a clergyman as editor of certain periodical publications, with a salary and a share of the profits. Deed-poll for continuing or renewing a partnership for a further term, to be indorsed upon the partnership deed. A. continuance of articles of co-partnership for a further term by indorsement. Extension of a term of partnership by deed-poll to be in- dorsed on the original deed of partnership. Ditto. Agreement to continue a co-partnership. Ditto. A renewal or continuance of articles of co-partnership for a further term by indorsement. Agreement by partners (by indorsement), varying one of the stipulations of the partnership articles. Agreement between one partner and another person, to pay him, his wife, and two daughters, a yearly sum proportioned to his share of the profits of the busi- ness, in consideration of his relinquishment of the business in favour of the covenantor. Agreement by a partner with another person to pay him, his wife, and daughter certain proportions of his share 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 4 Chit. 138. Ship. 594. 2 Prid. 579. 5 Dav. 877. 2 Crabb, 748. „ 749. 7 Jar. 406. "Wilk. 154. 3 Hug. 216. Hayes, 778. Colly. 857. Gow, 391. 2 Crabb, 747. 3 Hug. 214. 7 Jar. 297. 4 Chit. 140. Cary, 328. 4 Chit. 141. 7 Jar. 404. „ 399. Digitized by Microsoft® 300 PARTNERSHIP. Yaeious Deeds, &c., in connection with Partneeships — continued. of the profits of the business, in consideration of the loan of a sum of money to be put into the business. Eelinquishment of interest in a co-partnership by one of three partners. Deed (to be indorsed on the partnership deed) admitting a legatee of one of the partners into the partnership, and coTenants by him to perform the partnership articles. Deed of covenant, with powers of distress and entry on partnership property, to secure a life annuity to the mother of one of the partners, in lieu of interest to which she was entitled on the share of the capital brought in by him. Deed declaring that a patent right purchased in the name of one of the partners is purchased out of the partner- ship capital, and to form part of the joint partnership property, to be endorsed on the partnership deed. Agreement to enter into co-partnership at some future time. Forms applicable to all partnership articles. Clause as to disposal of stock on dissolution of co-part- nership, or death of either party. Partnership in collectiye name (Italian). Partnership in commandita (Italian). Extract of partnership deeds, in accordance with Nos. 42 & 43 of the commercial code. Bond from the father of a gentleman in partnership with two others, as a security to them for the due perform- ance of the articles of partnership on the part of his son. 116 117 118 119 120 121 122 123 124 125 126 Dissolution of Partnership. 127 Deed of dissolution of partnership. 128 Ditto. 129 Ditto. 130 Ditto. 131 Ditto, as to one of three partners. 132 Deed of dissolution of a partnership between two persons, where one of them continues to carry on the business. 133 Ditto. 134 Ditto. 135 Ditto (short form). 136 Deed of dissolution of partnership where one of the partners retires and the others continue the business. 137 Ditto (general precedent). 138 Deed of dissolution between three partners at the expira- tion of a co-partnership term, where the whole is assigned to one continuing partner. 139 Deed of dissolution between two partners, where there are mutual assignments. 140 Indenture on dissolution of partnership. Covenant that 4 Chit. 139. Gary, 330. 5 Dav. 879. „ 882. 3 Hug. 296. 1 Crabb, 88. Ship. 588. Gary, 327. Brooke, 363. „ 363. „ 367. 4 Chit. 139. Green. 363. Colly. 877. Wilk. 156. Ship. 596. 5 Dav. 886. Cow, 394. 4 Chit. 144. Prior, 274. 2 Crabb, 756. 2 Prid. 581. 2 Crabb, 751. 758. 760. Digitized by Microsoft® PARTNERSHIP. 301 Dissolution of Partnership — continued. one partner is to receiye and pay all debts, and in- demnify the other. 141 Agreement upon the dissolution of a partnership, that the debts owing shall be equally divided as they are got in. 142 Deed of dissolution of partnership between two, where one partner pays to the other a sum of money in lieu of his share of the stock-in-trade, &c., to be secured by bond. Assignment of share, mutual release, and ordi- nary covenants. (A short form.) 143 Deed of dissolution of partnership between two ; assign- ment by one of his share to the other. Letter of at- torney. Usual covenants. Mutual release. (Variation where certain of the credits are excepted out of the assignment, and vested in the assignor partner.) 144 Deed of dissolution of partnership (carried on without articles) between three, one of whom retires, receiving a sum of money (secured by the promissory notes of the continuing partners), and executing an assignment of his share of the joint property to the other two. 145 Deed of dissolution of partnership between bankers, and assignment of all the partnership effects to two strangers, with general release, and an indemnity against the claims of [R. S.] (a former partner). 146 Deed executed on the dissolution of a partnership (indorsed on articles), where one partner takes all the credits and effects, and, together with a surety, covenants to in- demnify the other against tlie partnership debts, &c. Indemnity to surety. Provision respecting the custody of the deed. (A concise form.) 147 Deed of dissolution of partnership between three persons, one of whom pays to the other two the amount of their shares according to a valuation of the stock, &c., and is to receive the credits and pay the debts. Credits unreceived by a certain day to be sold to one of the partners. Deficiency in credits to be made good out of a reserved fund, and any deficiency in such fund to be contributed by the respective partners. Surplus of the reserve fund to be divided. Covenant by one of the partners for the production of the books and papers. Mutual releases. Agreement to refer disputes to certain arbitrators named. 148 Articles of agTeement for the dissolution of a co-partner- ship between two persons at a future time. 149 Deed of dissolution ; a relinquishment of interest in a co-partnership. 150 Another form of separation by deed. 151 Indenture on separation of co-partnership; covenant that one partner is to receive and pay all debts, and to in- demnify the other. 152 Another form of deed of dissolution and relinquishing of interest in co-partnership. 153 Agreement between two partners (upon determining the Gary, 332. 335. 7 Jar. 411. 415. 420. 427. 441. „ 445. 4 Chit. 143. „ 149. „ 150. 152. 154. Digitized by Microsoft® 302 PARTNERSHIP. Dissolution of Paetnbeship- partnership) that bad debts shall be divided equally, and mentioned in two schedules, and assigned to each other respectiyely. 154 Agreement upon the dissolution of a partnership that the debts owing shall be equally divided as they are got in. 155 Deed of dissolution of co-partnership in the trade or business of stock-brokers. 156 Memorandum cancelling articles of partnership. 157 Dissolution of co-partnership where receivers are ap- pointed to call in debts and wind up accounts. 158 Ditto. 159 Proviso in a deed of dissolution, in case of debts sup- posed to be good proving to be bad. Assignment of Partnership Property. 160 Assignment of leasehold premises from one co-partner to another, on the expiration of articles of co-partnership. Variations where' the co-partnership has been dissolved by mutual agreement ; also where the assignment is of a moiety, or other part only of the premises. 161 Assignment of a share in partnership stock by a retiring to a continuing partner, where the partnership is dis- solved in pursuance of a notice according to the terms of the partnership deed. Yariation, where a partnership is dissolved by mutual consent. 162 Assignment of a moiety of partnership stock from one partner to the other, where the partnership is dissolved by mutual consent. Variation, where the partnership expires by eflBusion of time. 163 Assignment of stock, &c., from one co-partner to another on the expiration of articles of co-partnership. 164 Assignment of a share in a partnership under a power contained in a partnership deed, upon which the as- signment is to be endorsed. 165 Assignment by one partner to the other of his share in the partnership, in consideration of an annual sum equivalent to one-third of the profits of the business. 166 Assignment by a patentee and his partner of their interest in a patent. 167 Assignment of a deceased partner's share in the partner- ship by his executors to the surviving partner. 1 68 Ditto, to surviving partners. 169 Ditto. 170 Assignment, release, and indemnity, between surviving partners and the executors of a deceased partner. 171 Assignment, by administrator of deceased partner, of stock in trade of the old partnership to the surviving part- ner. Dissolution of partnership formed between the surviving partner and the widow of the deceased partner since his death. Assignment by the widow (retiring partner) of her share of the stock. Covenant 4 Chit. 155. „ 156. Bisset, Ap. 38. Wilk. 155. 2 Crabb, 768. 3 Hug. 283. 4 Chit. 172. 159. 3 Hug. 251. „ 262. 4 Chit. 168. 3 Hug. 270. „ 273. „ 292. „ 276. 4 Chit. 164. Colly. 874. 2 Crabb, 765. Digitized by Microsoft® PARTNERSHIP. 303 Assignment of Partnership Property — continued. by assignee partner to pay debts and deliver duplicates of discharges to the retiring partner. Covenant by re- tiring partner not to carry on the same trade, &c. 172 Assignment of the stock-in-trade of a deceased partner by the administrator to the surviving partner, and dissolution of partnership between the widow and sur- viving partner. 173 Letter of attorney from an administratrix of a co-partner to the surviving partner, of all debts due in partner- ship. 174 Assignment of co-partnership debts. 175 Deed of release and assignment from a retiring to a con- tinuing partner. 176 Deed of covenant admitting a new partner, and_ surren- dering the business to him. \77 Agreement between a trader and his retiring partner for the purchase of the lease of a house, stock, &c. Bonds. 178 Bond from a continuing to a retiring partner. 179 Bond from one partner to the other to indemnify him (on his leaving off his trade) from any damage on account of trading in his name. 180 Bond for performance of covenants and indemnity on dissolution of co-partnership. 181 Bond upon general dissolution of partnership from one partner to the other, conditioned for payment of a due proportion of the partnership debts ; to perfect assign- ment of partnership effects ; and ratify all acts done under power of attorney for receiving the assigned partnership credits, and to indemnify the assigning partner from all costs incurred on account of any action brought in his name. 182 Bond of indemnity upon a dissolution of partnership between two attornies, from the continuing to the re- tifing partner. 183 Bond of indemnity from a surviving partner to the exe- cutrix of a deceased partner. 184 Bond from surviving partners to indemnify the executors of the deceased partner from the debts contracted in partnership, upon assigning her share in the partner- ship to them. 185 Bond from a surviving partner for the payment of share of capital stock to the representatives of deceased partner. 186 Bond by surviving partners to executors of deceased partner for payment of his share in the partnership capital by three instalments. 187 Bond for securing to a retiring partner the value of his share in the partnership, to be paid by the continuing partner by four equal instalments, at three, six, nine, and twelve calendar months, with interest at £5 per 7 Jar. 433. 2 Crabb, 761. 4 Chit. 163. 2 Crabb, 774. Gow, 392. 4 Chit. 156. Ship. 236. 2 Crabb, 776. 4 Chit. 159. „ 162. 3 Hug. 266. „ 280. 2 Crabb, 777. 4 Chit. 167. „ 167. 5 Dav. 753. Digitized by Microsoft® 304 PARTNERSHIP. BowDS—continrnd. cent. ; and also to indemnify the retiring partner from all costs incurred on account of any action or suit brought in his name to recoyer the partnership credits. Kotices. 188 Forms of notices relating to partnerships. 189 Notices of dissolution of partnership. ] 190 Ditto. 191 Ditto. 192 Ditto. 193 Ditto. 194 Ditto (public) (short form). 195 Ditto, to be inserted in the London Gazette. 196 Ditto. 197 Ditto. 198 Ditto. 199 Ditto. 200 Notice of intention to dissolve partnership. 201 Ditto. 202 Ditto. 203 Notice to dissolre a partnership immediately. 204 Notice by one partner to another, of intention to dissolve the co-partnership, pursuant to a power in deed for that purpose. 205 Ditto. 206 Ditto. 207 The like, where the partnership is for an indefinite time. 208 Notice by one partner to another, dissolving a partner- ship subsisting without deed. 209 Notice by one partner to another, dissolving partner- ship, in consequence of breach of articles. 210 Notice of dissolution of partnership as to one of the firm, and of new firm. 211 Notice of dissolution, and that one of the partners will continue the trade. 212 Notice of dissolution, and who to pay, and requesting accounts. 213 Notice that a partnership will expire at a future day, and that a new firm will continue the trade. 214 Notice to the world by co-partners of the dissolution of their co-partnership. 215 Notice by partners, after dissolution of partnership, to a debtor of the firm, to pay debt to the joint agent of the partners. 216 Ditto. 217 Notice from one partner to another for referring disputes to arbitration. 218 Ditto. 219 Afiidayit verifying notice of dissolution of partnership. 3 Hug. 259. „ 289. 2 Crabb, 778. Bate. 390. Green. 366. 3 Wilde, 13. 6 Jar. 578. 2 Crabb, 778. 6 Jar. 579. 2 Prid. 594. Wilk. 135. R. P. M. 189. Ship. 547. „ 548. Wilk. 145. R. P. M. 188. 2 Crabb, 778. 4 Chit. 142. 2 Crabb, 778. 2 Prid 593. 4 Chit. 142. 6 Jar. 579. „ 578. 4 Chit. 143. „ 143. „ 143. „ 142. 3 Wilde, 14. 6 Jar. 579. Ship. 548. 2 Crabb, 1220. 3 Wilde, 29. Green. 127. Digitized by Microsoft® PATENTS. 305 PATENTS. Agreements. Agreement for purchase of a share of an invention, and of the patent to be obtained for the same. Agreement for the exclusive privilege of selling a patent medicine in the United Kingdom for twenty-one years, determinable at the end of the first seven or fourteen years. Agreement for the absolute purchase of the secret, and sole right of compounding and vending a medicine, in consideration of a moiety of the profits. Agreement between British subjects and a foreigner for obtaining letters patent for an invention discovered by the foreigner. Agreement to procure letters patent and to sell a moiety of the invention and the benefit thereof. Determination of agreement for working a patent inven- tion. Petitions for Letters Patent. 7 Petition for grant of letters patent. 8 Ditto. 9 Ditto. 10 Ditto. 11 Ditto. 12 Petition by an actual inventor for a patent. 13 Petition for a patent for an imported invention. 14 Petition to the Queen in council for the confirmation of a patent. 15 Petition to the Queen in council for the prolongation of a patent. 16 Ditto. 17 Ditto. 18 Ditto. 19 Ditto. 20 Ditto. a. Affidavit of insertion of advertisement, with form of advertisement. I. Ditto. 21 Petition for leave to enter disclaimer or memorandum of alteration. 22 Ditto. 23 Petition for leave to enter a disclaimer, and a memorandum of alteration of part of the title and specification of a patented invention. 24 Petition by a patentee or his assignee for confirmation of the letters patent. 25 Declaration in support of petition for letters patent. 26 Ditto. 27 Ditto. Nor. 232. 1 Jar. 667. „ 674. 2 Dav. 126. 1 Prid. 115. Prior, 291. 7 Jar. 556. Carp. Ap. 53. Word. P. 112. Webs. 65. Nor. 215. Hind. 618. „ 619. „ 642. „ 644. 7 Jar. 587. Cory. 509. Word. P. 122. Webs. 96. Nor. 230. Words. P. 124. Cory. 512. Webs. 89. Nor. 227. 7 Jar. 582. „ 585. „ 557. Webs. 67. Nor. 216. Digitized by Microsoft® 306 PATENTS. Petitions for Letters Patent — continued. 28 Declaration in support of petition for letters patent (when complete specification is deposited). 29 Caveat against the granting of a patent for a particular invention. 7 Jar. 558. SO Disclaimer of part of the title and specification of a patented invention, and memorandum of alteration. „ 583. 31 Disclaimer and memorandum of alteration. Webs. 90. 32 Form of disclaimer. Nor. 228. 83 Caveat against disclaimer. „ 227. 34 Advertisement of intention to apply for a confirmation of letters patent. 7 Jar. 584. 35 Notice of intention to apply for confirmation. Nor. 228. 36 Notice of opposition. „ 229. 87 Notice of application for prolongation. „ 229. 38 Advertisement of intention to apply for a prolongation of the term granted by letters patent. 7 Jar. 586. 39 Caveat against prolongation. Nor. 230. 40 Notice of objection to prolongation. „ 231. 41 Warrant for patent. Letters Patent. „ 221. 42 Letters patent. „ 222. 43 Ditto. Hind. 628. 44 Ditto. Will. P. 413. 45 Ditto. Carp. Ap. 57. 46 Ditto. 7 Jar. 558. 47 Ditto. 3 Wilde, 521. 48 Ditto. Word. P. 115 49 Ditto. Webs. 76. 50 Patent for granting prolongation to the assignees of a patent for seven years. Hind. 647. 51 Patent for prolonging a patent privilege for more than seven years. „ 650. 52 Writ of scire facias to cancel and repeal a patent. „ 710. 53 Testatum scire facias to repeal and cancel a patent. Speciflcations. „ 715. 54 Specification. Word. P. 121 55 Ditto. Webs. 86. 56 Ditto. Hind. 632. 57 Ditto. Nor. 226. 58 Ditto. Carp. Ap. 62. 59 Ditto. 3 Wilde, 527. 60 Specification of an invention of an improvement in a chemical manufacture. 7 Jar. 563. 61 Specification of a method of improving every kind of lace or net, or any description of manufactured goods whose fabric is composed of holes or interstices, made of thread or yarn, as usually manufactured, of every description, whether fabricated from flax, cotton, wool, silk, or any other vegetable, animal, or otlier substance whatever. Nor. 216. 569. Digitized by Microsoft® PATENTS. 307 Specifications — continued. 62 SpecificatioE of an invention of an improvement in the manufacture of iron. 63 Specification of an invention of a new construction of the lamps or apparatus used for burning gas, for producing a better combustion of the gas. 64 Provisional specification. Iiicences. 65 Licence by a patentee to use his iayention. 66 Ditto. 67 Ditto. 68 Ditto. 69 Licence by patentee by deed poll to make and vend patent goods, &c. 70 Licence from a patentee or his assigns by indenture to use a patent machine, and make and sell patent goods, &c. 71 Licence by deed-poll in consideration of a sum of money. 72 Licence by a patentee and assignees of parts of the patent right to a company formed by Act of Parliament. 73 Exclusive licence. 74 Exclusive and irrevocable licence. 75 Licence by the patentee of a new invention, by deed-poll, to cease on the death of the licensee or on alienation, &c. 76 Licence by a patentee, of the exclusive liberty to use an invention within a certain district, and containing some special provisions. 77 Licence by a patentee to two persons, partners, for a certain term, with power of distress for the annual sum agreed to be paid by the licensees, and special restric- tion on alienation. 78 Licence (not exclusive) to use a patent at a fixed rent for a term less than the original term. 79 Exclusive licence to use a jjatented process during the residue of the term within a certain district, at a mini- mum rent and royalties ; with restraint on alienation. 80 Indentures granting licence to use a bobbin-lace machine, and sell the invention. 81 Licence to use a patented invention for woven fabrics. 82 Licence to a firm to use a patented invention as to certain articles, and within a limited district, with some special stipulations. 83 Exclusive licence to use part of an invention (subject to certain special licences), in consideration of a gross sum payable by instalments. Special provision in case patent be declared invalid. Assignments on Sale. 84 Assignment of a patent to a purchaser. 85 Ditto. 86 Ditto. 87 Ditto. 7 Jar. 571. „ 579. Nor. 217. 4 Chit. 219 Webs. 103. Nor. 233. ' Carp. Ap. 93. 2 Wnde, 607. „ 608. Hind. 755. „ 757. „ 764. „ 767. 7 Jar. 588. „ 590. „ 595. Prior, 269. „ 269. 4 Chit. 217. Cory. 528. „ 534. „ 540. Hind, 739. 1 Prid, 340. 4 Chit. 216. 1 Eouse, 223. X.2 Digitized by Microsoft® 308 PERMANENT BUILDING SOCIETIES. Assignments on Sale — continued. 88 Assignment of a patent to a purchaser. 89 Ditto. 90 Ditto. 91 Ditto. 92 Assignment by a patentee and his partner of their interest in a patent. 93 Assignment of a patent (with a view to its being worlted by the assignor and assignee), and agreement for work- ing the same. 94 Assignment of separate letters-patent for the three kingdoms respectively (to a purchaser). 95 Assignment by a patentee to a company in pursuance of an Act of Parliament. 96 Assignment of letters-patent ; the purchase-money pay- able by instalments ; provisions for conduct of the manufacture by the patentee, and for his communi- cating to the purchaser all improvements; power for purchaser to abandon purchase. 97 Assignment of shares in a patent. 98 Assignment of a share in a patent. 99 Covenant to obtain and assign letters-patent for an in- vention, in consideration of a sum of money, and delivery of certain number of the patent articles. Assignments by way of Mortgage. 100 Mortgage of letters-patent. 101 Ditto. 102 Ditto. 103 Assignment of a patent by way of mortgage, for securing the repayment of a sum of money and interest. 104. Assignment of patent (adapted either for cases where there is an immediate payment, or for those where a part advance is coupled with an immediate payment). 105 Assignment of letters-patent by way of mortgage, for securing £ and interest. Covenant to assign any new patent for improvements on the invention. (Varia- tion where the assignment is subject to a prior mort- gage ; also, where the object of the present deed is to secure the payment of a promissory note, with a trust for sale, in default of payment. ) 106 Mortgage of letters-patent, the goodwill of a business, stock-in-trade, &c., to two persons, who make advances to develope an invention, under a special arrange- ment. PECUNIARY LEGACIES (see Wills, post). PERMANENT BUILDING SOCIETIES {see PT2NEFIT Building Societies, ante). Dav. Con. 134. Prior, 243. 9 Jar. 664. Carp. Ap. 91. 1 Hug. 296. Prior, 24 3. Cory. 514. Hind. 74 1. 2 Dav. 496. 1 Crabb, 407. Hayes, 372. 9 Jar. 660. Cory. 519. Webs. 97. Hayes, 500. Hind. 747. H. L. P. 69. 6 Jar. 281. 1 Prid. 568. Digitized by Microsoft® PEWS. 309 PETITIONS. 1 Petition to inland revenue for leave to pay duty on a sum of stock standing in the name of the Accountant- General. 2 Petition to obtain a spirit licence. 3 Petition in opposition to application for a spirit licence. 4 Petition to the Commissioners of the Treasury in case of an escheat. 5 Petition by the widow of a bastard who dies intestate, for the moiety of his estate which devolves to the crown. 6 Petition to the House of Lords for leave to bring in a private bill. 7 Petition to the House of Lords for leave to present a petition for a private bill when the day for receiving petitions for private bills is passed. 8 Petition to the House of Commons for leave to appear by counsel to oppose a bill. 9 Petition to Parliament against a railway bill. 10 Petition to the Board of Trade for a licence to hold lands by a company. 11 Ditto. 12 Petition of proprietors to the Inclosure Commissioners for a commission of sewers for a new area, under sect. 5 of the Land Drainage Act. 13 Petition of Commissioners of Sewers to the Inclosure Commissioners for application of Lands' Clauses Act, under sect. 23 of the Land Drainage Act. 14 Petition of proprietors to Inclosure Commissioners for the constitution of an elective drainage district, under sects. 63 & 64 of the Land Drainage Act. 15 Commencement of, and preliminary statements in, election petitions. ^ 16 Prayers of petitions. a. To be permitted to defend return. 6. To declare election void. c. To declare election void ; for a scrutiny, and to amend return. d. In the case of a double return. 17 Election petition alleging bribery, treating, and undue influence. 1 8 Petition to be admitted to defend the election and return conjointly with the sitting member. 19 Petition to be admitted to defend the return, where the sitting member declines to do so. Petitions for Patents, see Patents, ante. Petitions against Eailway Bills, see Railway Companies, post. PEWS {see Grants, ante). Digitized by Microsoft® H. L.F.I 74. „ 176. „ 177. 5 Dav. 1114. Moore, 188. 5 Dav. 1116. „ 1117. „ 1118. F. & W. 361. ■Sweet, L. L. 211. Word. M. Ap. 250. Thring,L.D. 260. 262. 263. Shark. Ap 102 >> 102 )) 102 J» 103 JJ 103 )S 103 J> 104 J) 107 109 310 POLICIES. 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PIN MONEY (see Settlements, ^os<). POLICIES. Form of policy of insurance against fire. Policy of insurance on goods on board a ship. Valued policy on goods on board foreign ship, on voyage from Landscrona to Stockholm, with liberty to touch and finish loading at Hagenas. Policy on ship and goods, by the Royal Exchange Assur- ance Company. Form of policy of insurance on ship and goods, by the London Assurance Company. Assignments on Sale. Assignment of a policy of assurance. Ditto. Ditto. Ditto. Assignment of a policy of assurance upon a life. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto (a concise form). Ditto (with variations). Assignment upon sale of a policy of assurance (to be en- dorsed upon the policy). Assignment upon sale of a policy of assurance effected by the vendor upon the life of a nominee (with variations when the policy is on the life of the vendor). Assignment by a creditor of a policy of assurance effected by him upon the life of his debtor, to the latter, after satisfaction of the debt (to be endorsed upon the policy). Assignment of a policy of life insurance of the Amicable Society, with the concurrence of the assignees in bank- ruptcy of a mortgagee by deposit and the bankrupt. Assignment of policies of assurance, part of the considera- tion being a covenant by the purchaser to pay a mort- gage debt. Assignment on sale of policy under the Policies of Assur- ance Act, 1867. Ditto. a. Notice to company. Assignment of a policy of insurance against fire (with variations). Ditto. Assignment of a policy of insurance of a ship, pursuant to an award. Buny. F. I. 279. 3 Wilde, 540. 4 Chit. 326. „ 328. „ 329. H. L. F. 67. Sweet, 221. Hayes, 370. Dav. Con. 132. Ship. 286. Moore, 45. 1 Crabb, 412. 1 Rouse, 221. 2 Dav. 526. 1 Prid. 344. C. 81. 9 Jar. 644. 1 Wilde, 527. Buny. L. A. 439. 435. 440. 9 Jar. 647. 2 Dav. 530. Buny. L. A. 476. R. P. M. 200. „ 200. 1 Wilde, 519. Ship. 287. 4 Chit. 211. Digitized by Microsoft® POLICIES. 311 Assignments on Sale — continued. 29 Assignment of a policy of insurance upon a ship. 80 Assignment of a policy of insurance on a ship, by an executor. 3 1 Voluntary assignment of a policy of life assurance to a child. Assignments by way of Mortage. 32 Mortgage of policy of assurance. 33 Ditto. 34 Ditto. 35 Ditto. 36 Ditto, for securing a sum due and future adrances. 37 Mortgage of a policy of assurance effected in the name of the mortgagee. Two sureties join in the security. 38 Mortgage of a policy of assurance effected in the name of the mortgagor. 39 Mortgage of a policy of assurance to secure a sum of money due upon a note of hand, with premiums and compound interest. 40 Mortgage of a policy of assurance on the life of the mort- gagor for securing a gross sum of money and interest thereon. 41 Mortgage of a policy of assurance to three persons upon a joint account, with provisions for effecting a new policy in the event of forfeiture. 42 Assignment of policy of assurance on a life, to secure money lent and interest. (Variation where money is collaterally secured by a bond ; also where the mortgage is to cover future advances). a. Mortgage bond (to accompany the last precedent). 43 Mortgage of a life policy of assurance by husband, in pursuance of a power in his marriage settlement, the trustees advancing the moneys out of the trust fund, and the husband assigning the policy to them as a security for the repayment. 44 Assignment of a policy of insurance by way of collateral security. 45 Ditto. 46 Deed of covenant with sureties, and the assignment of a policy, for securing a sum of money repayable by in- stalments. 47 Deed of covenant with the collateral security of a policy effected upon the life of the debtor in thename of the cre- ditor, for securing a sum already due and future advances. 48 Deed of further charge of a policy of assurance (to be en- dorsed on the mortgage deed). Assignments by way of Settlement. 49 Assignment of policy of assurance in contemplation of marriage, upon trusts to be declared by an indenture of even date therewith. 50 Settlement of monies assured by a policy on the life of the 1 Wilde, 531. iCrabb, 411. Buny. L. A. 477. Hayes, 491. 2 Dav. 1042. Sweet, 93. Prior, 93. Dav. Con. 178. 1 Prid. 495. „ 491. Buny. L. A. 476. 441. 446. 6 Jar. 251. „ 259. 2 Hug. 262. 2 Crabb, 1188. 1 Prid. 564. Buny. L. A. 4,")0. 453. 445. 459. Digitized by Microsoft® 312 POWERS OF ATTORNEY. Assignments by way op Settlement — continued. intended husband, assigned by a deed of even date to the trustees. 51 Settlement of a policy of assurance on the life of the intended husband (short form). 52 Voluntary settlement of stock and policies of assurance. 53 Ante-nuptial settlement policy. 54 Post-nuptial settlement policy. Settlements of policies of assurance, see also Settlements, post. POST-NUPTIAL SETTLEMENTS {see Settlements, post). POWERS OF APPOINTMENT {see Appointment, ante). POWERS AND PROVISOES (see Provisoes, i?os/). POWERS OF ATTORNEY {see also Warrants of Attorney, post). To execute Deed. 1 Power of attorney for executing a specific deed. 2 Ditto. 3 Ditto. 4 Ditto, to sign deed of settlement. 5 Ditto, for executing conveyance in Ceylon. 6 Power of attorney to execute deeds, by an heir-at-law, and to be admitted to and surrender copyholds. 7 Power of attorney to execute a conveyance of an estate to a purchaser (with variations). 8 Ditto. 9 Power of attorney to execute deeds, and receive money on behalf of persons beneficially interested. 10 Power of attorney to execute debtor and creditor deed. 1 1 Power of attorney to execute a deed of composition, and to receive a dividend. 12 Ditto. 13 Ditto. 14 Ditto. 15 Letter of attorney to sign consent to the commissioners certifying that the bankrupt had conformed, and to consent to assignees commencing suits in equity, &c., and to receive dividends. To receive Monies, &e. 1 6 Power of attorney to receive a legacy. 17 Ditto (with variations). . L. A. 462. SJ 468 J) 470 91 484 486 1 Dav. 410. 2 Prid. 601. 8 Jar. 81. James, F. S. 521. 1 Dav. 423. 1 Jones, 445. 1 Wilde, 260. 3 Hug. 378. 1 Rouse, 471. R. P. M. 200. 1 Jones, 443. 3 Hug. 386. 2 Crabb. 1243. 4 Chit. 22. 25. R. P. M. 201. 1 Wilde, 283. Digitized by Microsoft® POWERS OF ATTORNEY. 313 To RECEIVE Monies, &c. — continued. 18 Power of attorney to receive a pecuniary legacy. 19 Ditto. 20 Ditto. 21 Ditto. 22 Ditto. 23 Power of attorney to receive a legacy abroad. 24 Power of attorney to receive legacy and effects. 25 Power of attorney to receive a legacy charged by the testator on lands specifically devised. 26 Power of attorney to receive a legacy, with power to consent to an abatement in case of a deficiency of assets, and, if required, to give a bond to the executors to refund. 27 Power of attorney by persons interested under a foreign will (of whom some are married women, and others infants) to concur in winding up the testator's affairs, and to take the steps necessary to secure for the con- stituents their respective shares in the estate. 28 Power of attorney from & cestui que frws^, to two persons to act in respect of his share and interest under a will. 29 Power of attorney to receive a share in residuary personal estate. 30 Power of attorney to receive the distributive share of an intestate's estate. 31 Ditto. 32 Ditto. 33 Ditto. 34 Ditto. 35 Power of attorney by a feme covert, joint administratrix to, and one of the next of kin of, an intestate, with the concurrence of her husband, to act in all matters re- lating to the administration of the intestate's estate, and to her beneficial interest therein. 36 Power of attorney to receive shares under a will, and to concur in paying off a mortgage to which such shares are subject. 37 Power of attorney by two devisees and executors in Eng- land, authorizing certain persons in Grenada to take possession of and receive the property and debts of the testator there. 38 Power of attorney for administering testator's estate in India. 39 Power of attorney for administering intestate's estate in Australia. 40 Power of attorney to receive money due upon a bond (with variations). 41 Ditto. 42 Ditto, which is pot become due. 43 Power of attorney to receive monies of a particular person. 44 Letter of attorney to receive money from the Exchequer. 45 Letter of an attorney from the directors of an insurance company to sign policies of insurance, &c. 46 Ditto. 47 Letter of attorney to receive money due on any bills of 3 Hug. 382. 2 Crabb, 1246. Ship. 612. 4 Chit. 21. 1 Jones, 442. Moore, 197. 4 Chit. 21. 2 Prid. 606. 8 Jar. 61. „ 62. Wilk. 170. 3 Hug. 379. 1 Jones, 443. 3 Hug. 384. 2 Crabb, 1247. R. P. M. 202. Ship. 615. 8 Jar. 92. „ 95. „ 79. 1 Dav. 426. „ 429. 1 Wilde, 276. 4 Chit. 17. „ 18. „ 18. „ 19. „ 18. 1 Wilde, 293. Digitized by Microsoft® 314 POWERS OF ATTORNEY. 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 To RECEIVE Monies, &c. — continued. exchange which may be remitted, and receive money due in Exchequer, dividends in the banlc, East India Company and South Sea Co., and sell other debts, &c., and to pay bills of exchange drawn, &c. Letter of attorney, to receive money from the East India Company for goods sold, &c. Letter of attorney to receive and recover money from underwriters. Appointment of an attorney to receive insurance money from an underwriter. Letter of attorney to receive and recover money arising from the cargo of a ship that has been stranded. Letter of attorney from a part owner to receive dividends of freight. Letter of attorney to receive the freight of a ship for the use of the receiver and the rest of the part owners. Power of attorney to receive the freight of a ship. Ditto. Power of attorney to receive dividends and sell shares in the Commercial Dock Company. Power of attorney to receive money directed to be paid by decree or order of the Court of Chancery. Power of attorney to receive bank stock and transfer the same. Another to accept, pay for, and sell bank stock. Power of attorney to receive half pay. An appointment for an attorney to receive an annuity charged upon freeholder leasehold premises (with varia- tions). Power of attorney to receive an annuity from an assurance company. Letter of attorney from creditors of a bankrupt, to receive their dividends ft'om the assignees. Power of attorney to receive rent (with variations). Ditto. Power of attorney to demand rent, and on default of pay- ment to re-enter. Ditto, according to a proviso for such re-entry in a lease. Ditto. Power of attorney to receive rents and distrain for the same, and also to receive sums consigned to the donor of the power. Power of attorney to distrain. Ditto. Ditto. Power of attorney to collect debts. Power of attorney to receive debts. Ditto, &c. (in the colonies). Power of attorney by assignees of a bankrupt to three persons at Calcutta to receive a debt there from a debtor to the estate, with other powers. Letter of attorney from the assignees of a bankrupt, to act in America, and to receive money, debts, goods, &c., 4 Chit. 19. „ 22. „ 26. 1 Wilde, 290. 4 Chit. 27. „ 28. „ 28. 8 Jar. 67. 1 Wilde, 292. 2 Crabb, 1245. „ 1248. „ 124S. „ 1249. 4 Chit. 29. 1 Wilde, 280. Brooke, 307. 4 Chit. 24. 1 Wilde, 286. 3 Hug. 389. 2 Crabb, 1240. Ship. 616. 1 Jones, 444. 2 Prid. 603. 2 Crabb, 1241. Ship. 610. 3 Hug. 390. 1 Wilde, 254. 2 Prid. 604. 4 Chit. 35. 31. Digitized by Microsoft® POWERS OF ATTORNEY. 315 To RECEIVE Monies, &c. — continued. and to compound for the same, or refer to arbitration, also to view, state, and settle all accounts, to commence and defend actions, to enter and sell estates, receive rents, distrain for non-payment, to grant leases, and receire title deeds, &c. 78 Power of attorney from trustees under a deed of assign- ment to collect portions of the trust estate. 79 Letter of attorney to demand and receive principal's claim upon East India Company. 80 Letter of attorney from trustees of creditors of estate, to enable debtors to receive debts due to the estate. 81 Letter of attorney to recover goods mentioned in a sche- dule, &c., and to remit the money or consign the efi'ects. 82 Power of attorney to recover a debt. 83 Power of attorney to recover debts, defend actions, and execute deeds, &c. 84 Power of attorney to recover a debt due from a person resident in Australia. a. Declaration to accompany the foregoing warrant of attorney. 85 Power of attorney to recover a debt at Calcutta, and pro- ceedings thereon. 86 Power of attorney to prosecute an action in America. 87 Power of attorney (with a mayor's certificate and a declara- tion) to receive a debt in the West Indies. 88 Power of attorney (with declaration and mayor's certifi- cate) by a plaintiff in a cause in the Court of Chancery in Jamaica to a person there to receive an annual sum of money payable by an order of court ; and generally to represent him in the cause. 89 Power of attorney by two West India merchants, being in England, to their partner in Barbadoes, to act for them in all partnership transactions. 90 Power of attorney from partners to recover a debt due from a foreign firm . 91 General power of attorney to get in debts fi'om persons named in a schedule. 92 The like, to one or more attornies to receive debts from a particular person. To siirrender Copyholds. 93 Power of attorney to surrender copyholds. 94 Ditto. 95 Ditto. 96 Ditto. 97 Power of attorney to obtain admittance to copyholds. 98 Ditto. 99 Ditto. 100 Power of attorney to take admittance of copyhold lands, and after admission to surrender. 101 Ditto. 102 Ditto. 4 Chit 38. Wilk. 167. 4 Chit. 21. J? 23. Green. 20. 367. 3 Hug 370. )) 393. 5) 395. 4 Chit. SO. Shiij. 606. 8 Jar. 49. „ 54. „ 58. Wilk. 172. 4 Chit. 16. „ 17. 1 Dav. 412. 1 Wilde, 295. 2 Prid. 604. Moore, 199. „ 200. 1 Dav. 413. 1 Wilde, 252. 2 Crabb, 1252. Ship. 613. 3 Hug. 387. Digitized by Microsoft® 316 POWERS OF ATTORNEY. 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 To SUERBNDBK CoPYHOLDS — Continued. Power of attorney to take admittance of copyhold lands, and after admission to surrender. Power of attorney to accept admittance of a copyhold messuage for a purchaser. General power of attorney to sell copyholds and surrender to a purchaser. Ditto. Ditto. Letter of attorney to suiTender to a purchaser, the pur- chase-money having been previously paid. Letter or power of attorney to two copyholders to sur- render copyholds to the uses of settlement. Power of attorney to procure admittance in tail, and afterwards to surrender the estate, and do all neces- sary acts in order to acquire the fee simple. For General Management. General power of attorney for the management of the appointor's affairs during his absence abroad. Another by a merchant going abroad. General power of attorney for management of property. Letter of attorney from a merchant to two of his clerks, to transact and manage commercial concerns. Power of attorney for selling, mortgaging, and managing the estates of a person going abroad. General power of attorney to act for a person in the management of all his estates, &c., during his absence abroad. Ditto (with variations). Power of attorney from a person going to reside abroad. Ditto. General power of attorney for the management of a person's affairs who intends to reside abroad. Power of attorney from a trustee going abroad autho- rising his co-trustees to act for him during his absence. Power of attorney from one executor and trustee to others to act in his absence. Ditto. Power of attorney by an executor about to leave England. Power of attorney by a debtor going abroad to act in winding up his estate under inspection. Power of attorney by underwriters at Liverpool to act for them in London. A general power of attorney from a nobleman on his taking a tour into foreign parts to his brothers, to take care of his estates, &c., during his absence. Power of attorney to settle accounts, and to sell, mort- gage, buy, let, and manage property in Queensland. Power of attorney to take possession of estates and other property in Great Britain, the West Indies, and the United States of North America ; and to let and sell the same, and receive rpits and purchase-money, and Hayes, 311. 2 Prid. 607. 2 Crabb, 1250. 2 Scriv. 884. 1 Rouse, 472. 2 Scriv. 833. 2 Crabb, 1253. 2 Scriv. 836. 2 Crabb, 1235. 1237. 1 Dav. 413. 4 Chit. 22. 1 Dav. 416. 1 Jones, 435. 1 Wilde, 265. 2 Prid. 597. Green. 375. 3 Hug. 372. „ 376. 2 Crabb, 1243. 1 Jones, 440. Green. 371. 8 Jar. 98. „ ,101. Bird, 54. Hayes, 787. Digitized by Microsoft® POWERS OF ATTORNEY. 3L7 Fob, General Management — continued. to settle accounts, receive monies, compound debts, and submit disputes to arbitration ; with power to substitute otber attornies. 130 Power of attorney from a merchant, having large estates in England, previously to his going abroad, contain- ing very extensive and special powers to demise and manage estates, appoint bailiffs, exercise powers of entry, &c., in leases, proceed against tenants, &c., collect rents, settle debts, bring actions, refer to . arbitration, sell, mortgage or charge the estates in Great Britain and in Saint Vincent, and grant annuities, and otherwise to act in his concerns. 131 Power of attorney executed by trustees for sale of an estate in Jamaica to certain merchants resident there, to enter upon and dispose of the trust property pursuant to the trusts of the deed, which con- tained an express authority to appoint attornies for the purpose. 132 Power of attorney by a trustee of a benefit building society to his co-trustees to act for him while abroad in the affairs of the trust. 133 Power of attorney from partners to manage their business abroad. 134 Power of attorney from a mortgagee of hereditaments abroad to enter and sell. 135 Power of attorney from person going abroad, for manage- ment of personal property. 136 Power of attorney, to act abroad, collect debts, refer to arbitration, compromise, release, prosecute actions, , suits, attachments, &c., in foreign courts of judica- ture, and with a power of substitution. 137 Power of attorney from one of the partners in a firm to a person in England, to act in this country for the former in his individual capacity, and also for his co- partnership firm during his absence. 138 Power of attorney from a merchant about to go abroad, authorising persons to carry on his business, and to act for him in his mercantile affairs, iu the United Kingdom. 139 General power of attorney for mercantile purposes, to act in this country for the principal, on his leaving it. 140 Power of attorney for management of property and pay- ment of debts. 141 Power of attorney for use in foreign countries. a. Affidavit of the due execution of the foregoing power of attorney. J. The mayor's jurat thereto. c. Notary's certificate. d. Merchant's certificate. 142 . General power of attorney to be used in the colonies. a. Declaration by an attesting witness. h. Vp'"'ftcation of power and declaration by a mayor. 8 Jar. 70. 73. „ 82. „ 85. Wilk. 163. „ 166. E. P. M. 202. Brooke, 301. „ 301. „ 305. 4 Chit 10. Moore, 189 J7 193. )j 195 jj 196 j» 196 )» 196 1 Dav 419 ii 425 H 425 Digitized by Microsoft® 318 POWERS OF ATTORNEY Foe General Management — continued. 143 Appointment of an attorney by assignees of a bankrupt to act in the bankrupt's affairs abroad, as well for particular as for general purposes. 144 Power of attorney authorising the sale of an allotment in Somerset, Cape of Good Hope. 145 Power to sell estates. 146 Power of attorney to manage affairs, and to receive debts, &c., in the East Indies. 147 Letter of attorney to sell a plantation at Barbadoes, with covenant to confirm such sale. 148 Letter of attorney to enter into and take possession of a plantation lately bought; and to manage all affairs therein. 149 Letter from an executor to manage affairs, and to receive debts, &c., in the West Indies. Miscellaneous. 150 Power of attorney for serving a judgment of the House of Lords. 151 Power of attorney by protector of settlement to consent to barring estates tail. 1 52 Power of attorney by a landlord to re-enter on premises and expel tenant from premises comprised in a lease. 153 Power of attorney in ejectment. 154 Ditto. 155 Power of attorney from the owner of a ship to act for him in all matters relating thereto. 156 Power of attorney from an owner as to the sale and management of a merchant vessel. 157 Letter of attorney from part owners to a master of a ship to fit her out, and let her to freight, they cove- nanting to indemnify him from seamen's wages. 158 Letter of attorney to sell the materials and cargo of a ship that has been stranded. 159 Letter of attorney from part owners, to take possession of a ship taken by the French, and retaken, and to recover her from her caption in any court, &c. ; but if they cannot recover her from her caption, then em- powering them to purchase her, and covenant to pay their proportions of her, and all charges. 160 Letter of attorney to sell South Sea Stock. 161 Letter of attorney to accept East India Stock which shall at any time be transferred, and to receive divi- dends, interest and profits of the said stock, and to transfer it back, if there should be occasion. 162 Power of attorney to transfer American Stock. 163 Power of attorney to transfer American Stock (another form). 164 Power of attorney to transfer American Stock when standing in the name of a firm. 165 Power of attorney to transfer French Stock. 166 French Stock power — power of sale. 1 wade, 271. 3 Hug. 397. 4 Chit. 29. „ 34. „ 35. 36. 36. 1 Dav. 435. S> 411. 2 Prid 2 Bone Coote, 605. ",376 584. 8 Jar. 67. Wilk. 169. 4 Chit 27. )» 28. 28. 25. Brooke 25. , 308 )j 309 311 312 313 Digitized by Microsoft® POWERS OF ATTORNEY. 319 Miscellaneous — con tinued. 167 Frencb. Stock power — power to receive dividends on all stock. 168 Commencement and conclusion of a power of attorney to act in France, Holland, Belgium, and various other parts of Europe. 169 Authority to pay a portion of seaman's wages during his absence. 170 Letter of attorney from a creditor, to vote in the choice of assignees. 171 Ditto (another form). 172 Ditto. 173 Power of attorney empowering a creditor to receive the rents of leasehold houses, which had been sublet. 174 Power of attorney to receive and give possession. 175 Power of attorney from a manufacturer in England to stop in transitu goods consigned to merchants in Bombay, of whom one has become bankrupt. 176 Power of attorney from partners to draw bills (concise form). 177 Power of attorney to two persons to obtain letters of administration to two estates. 178 Power of attorney to dissolve a partnership. 179 Power of attorney to appear at sessions and plead to an indictment. 180 Power of attorney under Tithe Commutation Act. 181 Power of attorney under Inclosure Act. 182 Power of attorney from a brewer to his manager. 183 Power of attorney in transfer of mortgage. 184 Power of attorney in assignment of policy of assur- ance. 185 Power of attorney in assignment of a bond debt. 186 Power of attorney in composition deed. 187 Substitution under a power of attorney. 188 Ditto. 189 Substitution of attomies under an original power. 190 Appointment of a sub-attorney, in pursuance of a power from the principal for that purpose. 191 The like, in a more concise form. 192 Ditto. 193 Power to two persons, but in case of death, absence, or refusal of both or either of them, then to another, alone or with the party who will act. 194 Power to enable two or more of several attomies to act for principal. 195 Power to three persons, but in case of death, absence, or refusal of two of them, then to another, to join him who will act. 196 Appointment of a fresh attorney or agent, on the decease of the first. 197 Power of attorney appointing two persons jointly and severally as substitutes by virtue of an authority in a power of attorney. Brooke, 314. „ 315. 4 Chit. 29. „ 23. 24. Ship. 617. 8 Jar. 87. 2 Crabb, 1244. 8 Jar. 90. Wilk. 161. „ 161. „ 162. Moore, 200. Green. 367. „ 867. „ 368. 1 Dav. 408. „ 409. „ 409. „ 410. 3 Hug. 392. 2 Crabb, 1253. 1 Jones, 447. 4 Chit. 12. „ 13. 1 Wilde, 300. 4 Chit. 13. „ 14. „ 13. „ 12. 8 Jar. 103. Digitized by Microsoft® b"^U PRINCIPAL AND AGENT. MrscELLANEOTJS — Continued. 198 Affiji^vit of the due execution of a procuration or letter • of attorney. 199 Ifotarial certificate of the due execution of a letter of attorney. 200 Notarial certificate of the identity of the person execu- ting a power of attorney. 201 Form of notarial act attesting the execution of a power of attorney. 202 Certificate as to the notary's signature, Bevocation. 203 Eevocation of a power of attorney. 204 Ditto. 205 Ditto. 206 Ditto (with variations). 207 Eevocation of a former power, and letter of attorney appointing a fresh attorney. PRECEPT. 1 For holding a court baron. 2 For holding a court leet and court baron. PRESENTATION {see a/so Advowsons, ante). 1 A presentation. 2 Presentation to a benefice. 3 Presentation to a rectory. 4 Ditto. 5 Presentation to a rectory or vicarage. 6 Ditto. 7 Ditto. 8 Collation and institution to a living by the Archbishop of Canterbury. PRINCIPAL AND AGENT. 1 Agreement between a master and his clerk. 2 Agreement for the services of an assistant. 3 Agreement for the services of husband and wife at a concert-hall. 4 Agreement between the managers of the Opera House and an actress, for the performing a season as a singer. 5 Agreement between a master and servant. 6 Ditto. 7 Agreement between a master and a journeyman-shopman, or hired servant. 8 Articles of agreement not under seal between a manu- facturer or trader, and his servant or agent, to allow the latter free use of a house, wages, and proportion of gross proceeds of business, for faithful services. 4 Chit. 14. „ 14. „ 14. 8 Jar. 105. „ 105. 4 Chit. 15. 8 Jar. 104. 2 Crabb, 1346. 3 Wilde, 697. 4 Chit. 15. Moore, 201. „ 202. 1 Jones, 322. 2 Prid. 661. Hayes, 793. 5 Dav. 1021. 3 "Wilde, 544. 2 Crabb, 1254. Moore, 203. Hayes, 793. Ship. 230. Wilk. 30. „ 31. 1 Jones, 31. „ 33. Ship. 232. 1 Wilde, 156. 4 Chit. 48. Digitized by Microsoft® PRINCIPAL AND AGENT. 321 10 H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SO 31 32 33 34 35 Indenture between a trader and his clerk for the services of the latter. Articles of agreement under seal, between a merchant and a book-keeper. Articles of agreement under seal, for a book-keeper to go to Martinique. Articles of agreement under seal, between two merchants and their clerk, respecting goods intrusted to and to be consigned to him at New York, to sell upon half-profits, during a term of years. Agreement for service at Barbadoes. Articles of agreement under seal, between principals and agent, for the sale, by the latter, of articles of manu- facture. Indenture between manufacturers and a factor, to sell goods for them in London, &c. Ditto. Articles between a country manufacturer and a London warehouseman and factor, that the former shall, for a term of years, manufacture and consign to the latter goods for sale on terms specified. Agreement between a merchant or manufacturer and a factor. Ditto. Agreement witli an agent for the sale of articles of manu- facture. Agreement with an agent or broker abroad to take and dispose of goods abroad. Ditto. Agreement between merchants and a person whom they agree to employ as their agent in an American colony. Agreement for employing an insurance broker. Ditto. Agreement between an underwriter and a broker, for the insurance of ships, &c. Agreement between the master or captain, or owner of a ship, with a surgeon, as medicinal attendant dm^ing a Toy age. Agreement between a landholder and a bailiff for the management of a farm, &c. Agreement for appointing and supplying a sole agent with a patented invention. Agreement under seal, between a brewer and his manager. Ditto. Deed of agency from brewers in the country to a London agent. Deed of sub-agency in London for the sale of ales con- signed by a country brewer. Agreement between a manufacturer or other person with a carrier, to explain and restrict the provisions of the 11 Geo. IV. and 1 Will. IV. c. 68. Agreement between a principal and his agent to carry on the business of a baker in a house for benefit of principal, he allowing a commission on each sack of 4 Chit 50. >J 52. )) 53. 54. 55. „ 44. „ 40. 1 Wilde, 16. 4 Chit. 183. 1 Crabb, 139. 1 Jar. 656. 1 Crabb, 140. „ 148. 1 Wilde, 29. 1 Jar. 663. 4 Chit. 47. 1 Jar. 653. 1 Wilde, 56. „ 228. 54. Moore, 35. Green. 140. 1 Crabb, 137. Prior, 288. „ 290. 1 Crabb, 85. Digitized by Microsoft® 322 PROPERTY QUALIFICATION. flour, and sureties separately guaranteeing against deficiency in accounts to extent of £50. 36 Agreement by a clerk to a retiring tradesman, with his master, to carry on business for his benefit. 37 Agreement between a tradesman retiring from active busi- ness, and a confidential agent for the management of it for his benefit. 38 Agreement between a tradesman and an agent for the management of his business on the retirement or during the absence of the principal. 3'J Agreement by a society of tradesmen for appointing an agent to prevent abuses and impositions by their country dealers. 40 Bond from a factor and his surety to his principal for faithful service abroad. 41 Bond, that a factor shall dispose of the goods consigned to him to the best advantage, and return effects accord- ing to order. 42 Bond to secure the value of goods intrusted by two merchants to their clerk, and all other goods to bo consigned to him at New York, to sell upon half- profits, during a term of years. 43 Agreement, by an agent, so as to avoid his personal hability. Bond between principal and agent, see Bonus foe faith- ful Sebtice, ante. PRINCIPAL AND SURETY (see Guarantee, ante). PRIVATE ACTS OF PARLIAMENT {see Pauliamentaey Forms, ants). PROCURATIONS, OR LETTERS OF ATTORNEY {see also Powers of Attorney, ante). 1 From an executor, to manage affairs, and receive debts, &c., in the West Indies. 2 To recover and receive money arising from the cargo of a ship stranded. PRODUCTION OF DEEDS {see Deeds, ante). PROMISE. 1 Promise to pay money. PROMISSORY NOTE {see Bills of Exoha-qe, ante). PROPERTY QUALIFICATION {see Qualification, post). 4 Chit. 254. Ship. 233. 1 Wilde, 33. 1 Crabb, 150. 1 Wilde, 37. 4 Chit. 64. „ 67. „ 67. „ 73. Ship. 506. „ 509. 3 Wilde, 547. Digitized by Microsoft® PROTESTS. 323 PROTECTOR OF A SETTLEMENT (CONSENT BY) (see Consents, ante). PROTESTS (see also Bills of Exchange, ante,- and Shipping, post). 1 Protest of foreign bill for non-acceptance. 2 Ditto. 3 Ditto. 4 Counter-protest by reason of a bankruptcy. 5 Ditto. 6 Ditto. 7 Act of honour upon a bill. 8 Ditto. 9 Common form of protest of a foreign bill for non-accep- tance and act of honour thereon. 10 Protest of a foreign bill for non-payment. 11 Ditto. 12 Ditto. 13 Protest when the acceptor pays only part. 14 Ditto. 15 Ditto, and act of honour for the remainder. 16 Act of honour for the remaining sum due on the above bill of exchange. 17 Ditto. 18 Ditto. 19 Protest of a bill when the acceptor becomes bankrupt, for better security. 20 Ditto. 21 Ditto. 22 Protest of an inland bill for non-payment. 23 Ditto. 24 Protest of a bill, if drawn on a person not to be found. 25 Protest of a bill drawn upon a person not to be found, and not particularly addressed. 26 Attestation of intimating and deliyering an authentic copy of a protest. 27 Entry of protest. 28 Ditto. 29 Protest against the seas. SO Protest of a ship being destroyed by fire. 31 Ditto. 32 Protest in case of capture of ship. 33 Ditto. 34 Protest of a neutral ship being taken. 35 Ditto. 36 Protest of demurrage. * 37 Ditto. 38 Protest for not executing charter-party, according to memorandum of agreement. 39 Ditto. 3 Wilde, 548. 4 Chit. 344. Ship. 528. 3 Wilde, 549. 4 Chit. 344. Ship. 529. 3 Wilde, 549. Ship. 526 m. 4 Chit. 345. 3 Wilde, 550. 4 Chit. 346. Ship. 526. 3 Wilde, 550. 4 Chit. 346. Ship. 528. „ 529 n. 3 Wilde, 551. 4 Chit. 346. 3 Wilde, 551. 4 Chit. 347. Ship. 527. 3 Wilde, 552 Ship. 527. „ 530. 4 Chit. 344. Ship. 522 n. 4 Chit. 338. Ship. 510. „ 510. „ 512. 4 Chit. 334. „ 336. Ship. 515. „ 515 71. 4 Chit. 337. Ship. 519. 4 Chit. 322. 3 Wilde, 553, 4 Chit. 321. V 2 Digitized by Microsoft® 324 PROVISOES AND POWERS. 40 Protest for not executing charter-party, according to memorandum of agreement. 41 Protest for refusing to sign bill of lading for goods shipped at the freight contracted. 42 Ditto. 43 Ditto. 44 Protest for breach of charter-party. 45 Ditto. 46 Ditto. 47 Protest of abandonment, and also against underwriters for non-payment of insurance. 48 Ditto. 49 Master's protest in case of sea loss or damage. PROVISOES AND POWERS. In Leases. 1 To determine a lease. 2 For determination of lease at the end of fourteen years, at option of lessee. 3 For determination of lease by either, at the end of first three or flve years of the term, on giving notice to the other. 4 For determining lease at end of first seven or fourteen years. 5 Ditto. 6 For determining lease at different times as to different premises. For lessor's re-entry, on lessee's non-payment of rent or non-performance of covenants. For lessor's re-entry, on non-payment of rent after demand or notice. That lessor shall not re-enter for a forfeiture, without notice of breaches, and lessee's neglect to remedy them. For lessor's re-entry into that part only of premises in respect of which lessee shall make default in payment of rent or performance of covenants ; distinct rents being reserved for distinct premises demised. For lessor's re-entry, on lessee's non-payment of rent, or non-performance of covenants ; framed so as to enable lessor to re-enter without ejectment. For re-entry ; non-payment of rent. For re-entry on breach of any covenant. For re-entry on assigning, &c., without licence. For re-entry on neglect to insure against fire. For re-entry on commission of waste. For re-entry on bankruptcy, insolvency, &c. For re-entry in case of non-payment of rent, and no distress, &c. 10 11 12 13 14 15 16 17 18 19 For making lease void on bankruptcy, non-payment of rent, &c. Ship. 525. 3 "Wilde, 554'. 4 Chit. 322. Ship. 520. .3 Wilde, 555. 4 Chit. 323. Ship. 521. „ 522. 4 Chit. 332. „ 333. Ship. 81. 2 Piatt, 626. „ 626. 2 Eouse, 283. Green. 289. 2 Rouse, 284 . 2 Piatt, 621. „ 621. 622. „ 622. „ 345. Ship S3. 84. 83. 83. 84. 84. 82. 2 Eouse, 28> Digitized by Microsoft® PROVISOES AND POWERS. 325 Ih Leases — continued. 20 For making void a farming lease. 21 For suspension of rent if premises destroyed or damaged by fire. 22 For suspension or apportionment of rent, on premises becoming uninhabitable from fire. 23 For the cesser of a term. 24 For cesser of term in case of fire, the tenant having the option of giving up possession, or of repairing and con- tinuing tenant, 25 For apportionment of rent, on surrender by lessee of part of demised premises. 26 Between vendor [lessor] and purchaser for apportionment of rent on a sale of the reversion of part of the demised premises. 27 Ditto. 28 That receipts for rent shall not be waiver, &c. 29 In lease for lives, or for years determinable with lives, that proof of lives being in existence shall lie on lessee. SO To enable underlessee to pay his rent to original lessor. 31 That, on lessee's default, lessor may insure, and recover premiums as rent in arrears. Insurance money recovered to be expended in repairs. 32 In a lease to appropriate land for streets, &c. 33 In lease requiring lessee to give up any part of demised premises on receiving notice from lessor. 34 For resumption by lessor of all or any part of the land demised, on giving three months' notice, and making compensation for improvements, &c. Eesidue of rent to be reduced proportionately. a. Notice to take land pursuant to the above proviso. 35 In lease authorising lessor to dispose of part of demised land on allowing abatement or expending money received. 36 To be inserted in mining leases providing for reduction of rent if faults met with. 37 In lease of tolls of turnpike road. 38 For detennining covenants. In Mortgages. Op Sale. 39 Freeholds or copyholds to one. 40 Ditto. 41 Ditto. 42 Freeholds or copyholds to two or more. 43 Freeholds or copyholds to secure an account current. 44 Freehold hereditaments to one person, with variations if to more than one. 45 Copyholds. 46 Leaseholds or personal chattels to one. 47 Ditto. 2 Eouse, 285. 285. •2 Piatt, 623. Ship. 84. 2 Piatt, 624. 625. „ 625. 2 Eouse, 286. „ 287. 2 Piatt, 627. „ 627. „ 627. Coote, L. & T. 708. Green. 290. Woodf. 1038. „ 1038. Green. 292. „ 291. 2 Eouse, 287. 2 Crabb, 806. 1 Dav. 216. 2 Eouse, 260. Ship. 57. 1 Dav. 220. „ 244. 1 Jones, 450. „ 454. 1 Dav. 223. ■2 Eouse, 263. Digitized by Microsoft® 326 PROVISOES AND POWERS. In Mortgages — Of Sale — continued. 48 Leaseholds or personal chattels to two or more. 49 Leaseholds, to secure an account current. 50 Leasehold premises to one or more mortgagees, with variations when mfde by way of underlease. 51 Freeholds, copyholds, and leaseholds (to one). 52 Ditto, to several. 53 Of term to secure rent-charge. 54 Not to aiFect right of foreclosure. 55 In default of payment on builder's mortgage. 56 Extended to further advance. 57 In conditional surrender of copyholds, by reference to power in mortgage of freeholds. 58 Giving a power of sale in different events than those or. which the power is by the Act made to arise. Foe Redemption. 59 Freeholds to one. 60 Ditto. 61 Ditto. 62 Freeholds to several. 63 Leaseholds or personal chattels to one. 64 Ditto. 65 Leaseholds or personal chattels to several. ' 66 Freeholds and leaseholds or personal chattels (to one). 67 Ditto, to several. 68 Copyholds. 69 Copyholds, with either freeholds or leaseholds. 70 For a gross sum and further advances (to one). 71 Ditto. 72 Ditto, to several. 73 To secure an account current. 74 Ditto. 75 To bankers for a floating balance. 76 To secure the retransfer of stock. 77 On payment by instalments. 78 On builder's mortgage. 79 On mortgage of term for raising portions. For quiet Enjoyment. 80 By mortgagor until default. 81 Ditto. 82 Ditto, Various. 88 That mortgagee shall not insure unless the mortgagor shall make default, nor then beyond a certain amount. 84 That the mortgagor shall not insure in any case. 85 That a receiver shall not act (with variation that he shall not be appointed) unless the interest is in arrear. 86 For renewal in a mortgage of leaseholds. 1 Dav. 227. „ 248. 1 Jones, 456. 1 Dav. 237. 241. 2 Rouse, 262. 263. „ 275. „ 280. „ 289. Lang. Ap. 53. 1 Dav. 210. 2 Rouse, 260. Ship. 73. 1 Dav. 210. „ 211. 2 Rouse, 259. 1 Dav. 211. „ 212. „ 212. „ 213. „ 213. „ 213. 2 Rouse, 270. 1 Dav. 214. „ 215. 2 Rouse, 272. Ship. 75. 1 Dav. 216. 2 Rouse, 273. „ 274. „ 2S1. 1 Dav. 251. 2 Rouse, 268. Ship. 74. Lang. Ap. 49. 50. Ship. 76. 52, Digitized by Microsoft® PROVISOES AND POWERS. 327 In Mortgages — Various — continued. 87 In a mortgage of a lease for lives, in case of the death of any of the lives, to give the mortgagee liberty to renew, and add the fine to the mortgage money. 88 To take a reduced rate of interest on punctual payment. 89 Ditto. 90 Ditto (in mortgage to one). 91 Ditto (in mortgage to several). 92 That the money belongs to mortgagees on a joint account. 93 Ditto. 94 As to interest on money in hands of bankers on mortgage to them. 95 That money shall remain for a certain time in mortgage to one. 96 Ditto. 97 Ditto, in mortgage to several. 98 That the mortgaged estate shall be primarily charged, in exoneration of the mortgagor. 99 As to the liability of mortgagors and the estate. 100 Mortgagees not to be affected by a declaration by mort- gagor as to the primary liability of funds. 101 That sureties shall, as to the mortgagees, be liable as principals. 102 In mortgage to secure a partnership account. 103 That mortgagee shall not be obliged to sue. 104 To effect assurance on life of copyholder. 105 To mortgagee to insure life of surviving nominees or nominee in lease. 106 On conditional surrender of copyholds. 107 On conditional surrender of copyholds, by reference to freehold mortgage. 108 To mortgagee to complete houses in builder's mortgage. 109 To mortgagee to distrain for interest. 110 Ditto. 111 Ditto. 112 Ditto (another form). 113 To mortgagee of copyholds to enfranchise. 114 To mortgagee to grant leases. 115 Power of attorney to mortgagee of copyholds to sur- render to use of purchaser. 116 Proviso that mortgagor, being a solicitor, shall have his costs. In Settlements. 117 For cesser of terms. 118 To vary securities. 119 Ditto. 120 To lay out trust moneys in the purchase of land. 121 For the trustees to apportion blended funds. 122 For the trustees to arrange and compromise. 123 To executors or trustees to compound debts, &c. 124 To appoint new trustees of personalty. 125 The like of real estate. 1 Jones, 471. Ship. 78. 1 Eouse, 458. 1 Dav. 257. „ 257. „ 256. 2 Rouse, 278. „ 277. 1 Dav. 258. Green. 341. 1 Dav. 259. 1 Dav. 259. „ 260. „ 260. „ 261. „ 261. 2 Eouse, 282. 288. „ 281. „ 2C7. „ 267. „ 276. 276. 1 Rouse, 458. Green. 306. „ 306. 2 Eouse, 306. 1 Rouse, 456. 2 Eouse, 263. Green. 341. 2 Rouse, 289. 290. Ship. 63. 1 Dav. 301. „ 306. „ 306. Ship. 73. 2 Rouse, 291. 292. Digitized by Microsoft® 328 PROVISOES AND POWERS. In Sbttlements- —continued. 126 The like of real estate. Ship. 72. 127 General receipt clause. 1 Dav. 306. 128 Ditto. 2 Eouse, 290. 129 Ditto. Ship. 60. 130 Power to trustees to give receipts to a purchaser. „ 59. 131 Trustee receipts, clauses for one set of trustees. 1 Dav. 346. 132 Ditto. „ 347. 133 Trustees indemnity clause, with addition authorising solicitor trustee to charge for services. 2 Rouse, 293. 134 For indemnifying trustees. Ship. 79. 135 Hotchpot clause. 1 Dav. 295. 136 Ditto. 2 Eouse, 294. 137 Advancement clause. „ 296. 138 Ditto. 1 Dav. 295. 139 Ditto. Ship. 64. 140 Maintenance clause. 1 Dav. 296. 141 Ditto. 2 Eouse, 294. 142 Accumulation clause. 1 Dav. 296. 143 Of leasing real estate held in trust for sale. „ 289. 144 To grant ordinary leases. „ 329. 145 Ditto. 2 Eouse, 297. 146 Ditto. 2 Piatt, 630. 147 Ditto. Ship. 65. 148 To grant building leases. 2 Rouse, 298. 149 Ditto. 1 Dav. 330. 150 Ditto. 2 Piatt, 632. 151 To e;rant mining leases. 1 Dav. 331. 152 Ditto. Bain. 705. 153 Ditto. 2 Eouse, 298. 154 Ditto. 2 Piatt, 632. 155 To grant licences to copyholders. 1 Dav. 332. 156 To grant rights of way. Bain. 734. 157 Of sale and exchange. 1 Dav. 336. 158 Ditto. 2 Eouse, 299. 159 Of sale, exchange, and partition. Ship. 67. 160 To make partition. 2 Eouse, 301. 161 Ditto. Hayes, 635. 162 Ditto. 1 Dav. 335. 163 Ditto. 2 Crabb, 1231 164 Ditto, in settlements of real estate held in trust for sale. 1 Dav. 303. 165 Ditto, where an undivided share of estate is settled. 2 Crabb, 1231 166 Of enfranchisement. 1 Dav. 333. 167 Ditto. Hayes, 636. 168 Of jointuring. „ 631. 169 Ditto. 1 Dav. 325. 170 Ditto. 2 Eouse, 302. 171 To charge portions. 303. 172 Ditto. 1 Dav. 327. 173 Ditto. Hayes, 633. 174 To invest money received for equality of exchange or partition. Ship. 69. 175 To mortgage, sell, exchange and make partition. Clay, 189. 176 To grant mining, building, and other leases. „ 193. Digitized by Microsoft® PROVISOES AND POWERS. 329 In Settlements — continued. 177 For tenant for life to grant sites for charitable or public purposes. 178 To fell timber and work mines during minorities. 179 Declaration as to receipt and application of rent during minorities. 180 Eents to be received by freeholder, subject to trust of term. 181 Not to be imperative on trustees to enforce payment of bond until required, &c. 182 Not to be imperative to sell until required, &c. 183 To husband on separation to deduct payments from annuity. 184 Separation deed to be void on pai-ties again living together. 185 To trustees to raise and invest sum of money in purchase of furniture for use of intended wife. 186 Against apportionment of rent-charges. 187 Eents and profits of real estate under sale to be applied as the income of the purchase-money. 188 For merger of daughters' portions on their becoming entitled to the estate before the vesting of their portions. 189 To female tenant for life to appoint life estate to her husband. 190 For husband to give a life interest to any future wife. 191 For wife to give a life interest to any future husband. 192 For wife to appoint rent-charge to any future husband. 193 To revoke uses. 194 Of revocation and new appointment. 195 Of revocation of trusts of money. 196 Of revocation and new appointment in a voluntary deed of settlement of leasehold premises, and other personal property. 197 Of revocation and new appointment, reserved upon an appointment. 198 Of revocation and limitation of new and other uses, &c. 199 In a settlement declaring that on settled lands, &c., trusts of money in the funds shall cease. 200 Agreement to settle other existing or after-acquired pro- perty of the wife. 201 Clauses as to policies of life assurance. 202 Name and arms clause. 203 Ditto. 204 Ditto. 205 For trustees to advance trust monies for husband's use in trade. 206 To give and to receive livery of seisin. 207 To be inserted in settlement of equity of redemption. Miscellaneous. 208 Of attorney to deliver seisin on feoffment. 209 Of attorney to deliver seisin between corporations. Clay, 195. 1 Dav. 322. „ 320. 2 Rouse, 304. „ 304. „ 305. 305. „ 305. „ 307. 1 Dav. 150. „ 299. Hayes, 630. „ 632. 1 Dav. 294. „ 295. „ 326. Hayes, 635. Ship. 66. „ 61. 1 Jones, 460. „ 461. „ 461. „ 469. 1 Dav. 304. „ 300. „ 323. Hayes, 629. Peac. 966. 4 Chit. 241. 2 Piatt, 643. Green. 402. 2 Rouse, 265. 265. Digitized by Microsoft® 330 QUALIFICATION. Miscellaneous — continued. 210 Of attorney to receive seisin. 211 Of attorney to sue in name of assignor of benefit of agreement for lease. 212 Of attorney on assignment of personalty (general form). 213 Ditto (more concise form). 214 Of attorney to sign notices, &c., in effecting enfranchise- ment. 215 Of attorney in assignment of a mortgage. 216 In conveyance of freehold and copyhold premises, to avoid forfeiture of the copyhold. 217 Ditto. 218 On sale of next presentation to advowson. 219 Referring matters of difference to arbitration. 220 Of appointment by feme covert. 221 To exonerate lands, &c., from an annuity, and to substi- ■ tute others. 222 For the repurchase of an annuity. 223 Of jointuring in a will. 224 To make void limitations in a will where persons dispute the validity thereof. 225 Ditto. 226 For discharge from covenant for production of title deeds, on procuring other covenants. 227 In a will authorising ti'ustees to grant leases of copy- holds, under similar restrictions to those previously imposed with respect to freeholds. 228 Arbitration clauses. PUBLIC ACTS OF PARLIAMENT {see Paeliamentaet Foems, ante). PUBLIC COMPANIES {see Companies, ante). PUBLIC CONVEYANCES {see Eailway Companies and Shipping, post). PUBLIC-HOUSES {see Leases, ante). PURCHASE (CONTRACTS FOR) {see CoNTEACTS FOE Sale, a7ite). QUALIFICATION. 1 Conveyance of land for the purpose of qualifying the grantee to sit in Parliament, to hold a commission in the militia, &c. [21 & 22 Vict. c. 26]. 2 Grant of a rent-charge for the purpose of qualifying a person to sit in Parliament, &c., and other purposes mentioned in the preceding precedent. 2 Rouse, 2 6G „ 268 „ 268 „ 270 „ 306. Ship. 60. „ 80. 1 Jones, 467. 2 Rouse, 267. „ 284. 1 Jones, 464. „ 464. Ship. 85. „ 62. 1 Jones, 469. Ship. 80. „ 78. 2 Scriv. 892. 1 Dav. 407. 3 Wilde, 556. „ 560 Digitized by Microsoft® RAILWAY COMPANIES. 331 3 Grant of a perpetual rent-charge on freeholds to confer a county vote. 4 Grant of rent-charge for the life of the grantee determin- able on alienation (intended as a qualification). QUIET ENJOYMENT. Bonds for, see Bonds, ante. Provisoes for, see Provisoes, ante. RAILWAY COMPANIES. Agreements. 1 Memorandum of agreement for the purchase of land. 2 Ditto. 3 Ditto. 4 Agreement for the purchase of land by a railway company, as settled on behalf of the company. 5 Agreement for purchase and for reference to arbitration of purchase-money. 6 Memorandum of agreement for tenant's damages. 7 Agreement for continuing tenancy beyond the period defined in the original agreement. 8 Agreement to let. 9 Agreement by the promoters of a railway company to purchase from an influential landowner who objects to the railway one part of the estate required by the com- pany, and to remunerate him for deterioration in the value of the estate in consideration of his withdrawing his opposition to the bill. 10 Agreement for sale to a railway company, purchase-money to include compensation for severance ; company to make specified accommodation works {see also Con- TEACTS FOE SALE — MiSCELLAHEOUS). Freeholds. 11 Conveyance to a railway company by a vendor seised in fee, with usual clauses. 12 Ditto. 13 Ditto. 14 Conveyance by a tenant in tail in possession, to whom the purchase-money is paid, of an inclosure of land, part only of which is required by the company, but the entirety of which the vendor insists on the company purchasing (with variations in the notes where a house or building which is cut through is the subject of the conveyance). 15 Conveyance under the Act by a tenant in tail in posses- sion, where the compensation is assessed by a jury and paid into the bank, and a jointress who receives sepa- rate compensation, and the trustees of the jointure term concur in the conveyance (with variations where the assessment of compensation is by a special jury). Prior, 134. 4 Jar. 131. P. & W. 203. Lloyd, 235. Words. Ap. 436. P. & W. 203. Lloyd, 237. „ 239. „ 240. „ 240. P. & W. 207. 1 Prid. 90. P. & W. 213. Lloyd, 297. 1 Prid. 276. P. & W. 219. 223. Digitized by Microsoft® 332 RAILWAY COMPANIES. FBBBHOiiDS — cotitinued. 16 Conveyance from tenant for life to the company. 17 Ditto. 18 Ditto. 19 Ditto. 20 Conveyance by tenant for life in possession, where the amount of purchase-money and compensation is deter- mined by surveyors, and not amounting to £200 is paid to two trustees (with variations in the notes, where the surveyors differ, and the amount is determined by a surveyor appointed by two justices). 21 Conveyance of freeholds to a railway company by a life tenant, in consideration of a yearly rent-charge secured by a charge on the tolls, the covenant of the company, and a power of distress. Covenants by vendor for title and production of deeds. 22 Conveyance by the testamentary guardian of an infant tenant in fee, where the amount of consideration and compensation is determined by two justices, and paid into the Bank of England. 23 Conveyance by committee of lunatic where the purchase- money exceeds £50, and is settled by arbitrators and paid into the bank. 24 Conveyance by a parson of glebe land in the statutory form, altered so far only as to state that the pur- chase-money was ascertained by valuers and paid to trustees. 25 Conveyance of freeholds to a railway company by the incumbent of a rectory, the purchase-money being paid into the Court of Chancery. Covenant by the company to execute accommodation works. 26 Deed of covenant by the company to execute works for the accommodation of the owners of land adjoining the railway. 27 Deed poll to vest freehold lands in the company when the owner refuses to treat and convey. 28 Conveyance by a railway company of superfluous lands to a purchaser. Copyholds. 29 Conveyance of copyholds to a railway by an absolute owner. 30 Conveyance of copyholds to accompany a conveyance of freeholds of even date, where both freeholds and copy- holds are purchased from the same vendor. 31 Conveyance by an absolute owner of copyholds when the recitals and covenants for title are contained in the conveyance itself. 32 Deed of covenants for the title to copyholds conveyed to the company by a conveyance in the statutory form. 33 Deed of enfranchisement by the lord of a manor who is seised in fee. Lloyd, 293. Sweet, 149. 9 Jar. 544. 1 Prid. 278. P. & "W. 231. 2 Dav. 486. F. & W. 237. „ 241. „ 245. 2 Dav. 484. F. & W. 246. 252. 1 Prid. 280. 2 Dav. 482. F. & W. 254. 256. „ 258. 261. Digitized by Microsoft® RAILWAY COMPANIES. 333 Copyholds — continued. 3i Deed poll to vest the freehold of copyholds in the com- pany in lieu of an enfranchisement deed, the lord of the manor not being able to adduce a good title. IieaselLolds. 35 Assignment of leasehold premises to company. 86 Lease to a railway company of liberty to construct a siding to connect their main line with neighbouring works. Eeservation to lessor of liberty to use and cross the same. Power of distress. Covenants by the lessees to construct the siding, not to leave waggons thereon longer than necessary, and to take up the rails at the end of the term, unless required by the lessor to leave them. Power to stop the use of the siding in case of non-payment of rent or breach of covenant. Freeholds and Leaseholds. 37 Conveyance of freeholds and leaseholds to a railway com- pany by an absolute owner. Common Lands. 38 Conveyance by the lord of the manor of lands, parcel of a common, to the soil of which he is entitled, and of the mines and minerals thereunder, and his rights of common thereover (with variation where his rights of common are separately taken and compen- sated for). 39 Advertisement convening a meeting of commoners to appoint a committee to treat with the company for the extinction of the rights of common. 40 Notice to be aflBxed to the church door of an intended meeting of commoners. 41 Eesolution passed at a meeting of commoners appointing a committee to treat with a company for the extinction of rights of common. 42 Agreement between a committee of commoners and the company for the extinction of rights of common. 43 Deed poll by the company for the purpose of vesting in themselves common lands, the soil of which belongs to the lord of a manor, when the meeting of commoners fails to appoint a committee, and the compensation is consequently determined by a surveyor appointed by justices, and paid into the Bank of England. Lands in Mortgage. 44 Form of notice by the company of their intention to pay off a mortgage. 45 Conveyance by a mortgagee without the mortgagor's con- currence. F. & W. 263. Lloyd, 289. 5 Dav. 417. 2 Dav. 477. F. & W. 266. „ 268. „ 270. „ 271. „ 273. 276. 278. 279. Digitized by Microsoft® 534 RAILWAY COMPANIES. 46 47 48 49 50 51 52 63 54 56 57 58 59 Lands in Moetgage — continued. Conveyance by a mortgagor of the equity of redemption. To be indorsed on last precedent. Conveyance by a mortgagor and mortgagee in fee of part of lands in mortgage, where the value of such part is less than the sum secured, and the mortgagee not being satisfied with the remaining security, the entire compensation is paid to him in reduction of his debt (with variations where the whole sum is paid to the mortgagor). Conveyance by a tenant for life and his mortgagees and trustees of a 1000 years' term, in consideration of an annual rent-charge, the mortgagees, not being satisfied with the remaining security, requiring a transfer of the rent-charge (see next precedent). Conveyance by a tenant for life of a rent-charge cove- nanted to be paid him by a railway company, to the mortgagees of the land taken by the company (see last precedent). To be indorsed on the mortgage. Lease of gTound for a railway, by a mortgagee and a mortgagor. Rent Charges. Release under the Lands Clauses Consolidation Act of a Tithe Commutation rent which has been previously apportioned (with variations in the notes where the lands taken by the company are released from an ordinary rent-charge by the person entitled, he being satisiied with the security of the residue of the land charged with the rent). Agreement for apportionment of rent. Assignment of leaseholds where the company takes part only of the premises comprised in the lease, with cross covenants for indemnity against payment of rent, &c., and variation where the rent is apportioned by two justices. Conveyance by a lessee, and the reversioner seised in fee of part only of lands comprised in the lease where the apportionment of the rent is settled by two justices. Land taken from Incapacitated Owners. Nomination of two surveyors to value lands taken from an incapacitated owner. Valuation by two surveyors of land taken from a party under disability. To be annexed to the last precedent. Ditto. Nomination by two justices of a third surveyor to value lands taken, where the two surveyors nominated by the company and an incapacitated owner cannot agree in their valuation. Nomination of trustees to receive purchase-money under X200. F. & W. 281. „ 282. „ 286. 290. Bain. 735. F. & A7. 292. „ 295. 297. 302. „ 313. „ 315. Words. Ap. 437. F. & W. 316. „ 317. Digitized by Microsoft® RAILWAY COMPANIES. 335 Mortgages. 60 Mortgage by a railway company. 61 Mortgage of railway shares. 62 Mortgage of railway bonds, transferable by delivery, for securing the payment of bills of exchange. 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Arbitration. Claim and notice by landowner of his desire to hare com- pensation settled by arbitrator (with yariations where a jury is desired). Notice by landowner to company to take the whole of a building under sect. 92 of the L. 0. A. and claim in respect thereof. Claim of landowner for compensation under the 68th sect, of the L. C. A. requiring the amount to be settled by arbitration (with variations where a jury is desired). Appointment of a single arbitrator by the landowner and the company. Ditto. Ditto. Appointment of arbitrator by company. Ditto. Appointment of arbitrator by claimant. Ditto. Notice of appointment of arbitrator. Notice of appointment of arbitrator by claimant after the company has appointed one. Notice to arbitrators to appoint an umpire. Appointment of umpire by two arbitrators. Ditto. Request to arbitrators to appoint umpire. Eequest by a railway company to Board of Trade to appoint umpire. Enlargement of time by arbitrators for making their award. To be indorsed on their appointment. Award by single arbitrator. Award of umpire. Notices. 83 Notice of intended application to Parliament for a Rail- way Act. 84 Notice of intention to enter for the purpose of surveying. 85 Ditto. 86 Ditto. 87 Notice of intention to take lands and for claims to be sent in. a. Schedule of claims. l. Letter with notice and claim. 88 Notice to treat. 89 Notice to treat and deliver particulars of claim. 2 Hug. 260. „ 256. Hayes, 478. F. & W. 318. 319. 320. „ 321. Lloyd, 246. 247. F. & W. 322. Lloyd, 248. „ 249. Words. Ap. 441. F. & W. 323. Lloyd, 249. „ 250. „ 251. F. & W. 324. „ 324. Lloyd, 251. F. & W. 325. Lloyd, 254. F. & W. 326. 306. 308. AVords. Ap. 435. Lloyd, 268. Words. Ap. 438. F. & W. 309. Lloyd, 241. Digitized by Microsoft® 336 RAILWAY COMPANIES. Notices — continued. 90 Offer by the company of a price for the land required. 91 Notice that claimant will not sell part of premises. 92 Notice to defendants before applying for writ of man- damus where they have taken no notice of plaintiff's counter-notice under Lands Clauses Consolidation Act. 93 Notice of desire to have claim settled by arbitration where land has been taken or injuriously affected. 94 Notice from claimant of desire to have compensation settled by arbitration where a counter-notice has been given to take the whole of premises. 95 Notice from owner of lands taken or injuriously affected, requiring compensation to be settled by a jury. 96 Ditto. 97 Offer of compensation after claimaint's notice for a jury. 98 Notice of offer and of intention to have compensation settled by justices. 99 Notice of company's intention to issue a warrant to summon a jury. 100 Ditto. 101 Ditto. 102 Notice from the sheriff to the company of the time and place of holding the inquiry. 103 Notice by company of time and place of holding inquiry. 104 Ditto. 105 Ditto. 106 Notice to produce documents under sect. 122 of the Lands Clauses Act, 1845. 107 Notice to admit. 108 Notice by the company of their intention to summon a jury, where the extent of the landowner's interest is unknown. 109 Notice to tenant to produce lease, &c., before justice. 110 Notice by the company of their intention to occupy lands temporarily. 111 Ditto. 1 1 2 Notice to enter upon lands. 113 Notice of intention to occupy private road for temporary purposes. 1 14 Notice by an owner requiring the company to purchase lands in their temporary occupation. 115 Notice to adjoining owners of intention to sell super- fluous lands. 1 L6 Notice by an owner who is dissatisfied with the valuation made by a justice's surveyor during his absence from the kingdom, desiring to have the value of the land determined by arbitration. Miscellaneous Forms. 117 Parliamentary or subscription contract. 118 Another form, P. & W. 312. Lloyd, 245. „ 246. „ 253. „ 253. „ 257. P. &W. 331. Lloyd, 257. Words. Ap. 444. Lloyd, 258. P. &W. 328. Words. Ap. 445. Lloyd, 265. „ 266. P. &W. 335. Words. Ap. 448. Lloyd, 285. „ 285. P. & W. 329. 352. 356. Words. Ap. 454. 452. 454. P. & W. 357. 358. 358. Words. Ap. 428. 429. Digitized by Microsoft® RAILWAY COMPANIES. 337 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Miscellaneous Forms — continmd. Subscriber's agreement. Another form. Certificate of capital subscribed. Particulars of claim for compensation. Another form. Warrant to sheriff to summon jury. Ditto. Ditto. Ditto (special jury). Warrant to sheriff to summon jury where the company have taken possession under sect. 85, and have been required to take the whole of the building under sect. 92. Warrant from vestry under Michael Angelo Taylor's Act, &c., to sheriff to summon a jury. Information to determine compensation payable to tenant under the 121st section of the Lands Clauses Act, 1845. Sheriff's appointments for nominating special jury (with variation where the appointment is to reduce the special jury). An inquisition by a jury. Entry upon lands under sect. 85. Information to police magistrate for appointment of surveyor. Information to two justices to appoint a surveyor under sect. 85 of the Lands Clauses Act. Ditto. Appointment of surveyor. Appointment of surveyor under the 85th sect, by two justices (with variations where the appointment is made by one metropolitan justice). Ditto. - Appointment of surveyor on behalf of the company. Appointment of surveyor, and declaration under 85 th section. Nomination, valuation, and declaration of surveyors under sect. 9 of the Lands Clauses Act, 1845. Valuation and declaration of surveyor. Surveyor's declaration annexed to valuation. Declaration of surveyor appointed under sect. 85. To be annexed to his valuation. Valuation of two surveyors of lands purchased or taken from parties under incapacity or disability (8 & 9 Vict. c. 18, s. 9). Request to the Accountant-General for his authority to pay into the bank the amount determined by the valuation of a surveyor appointed by a metropolitan justice. Ditto. Request to the Bank of England to receive money paid in under sect. 85, when the Accountant-General's of&ce is closed. Words. Ap. 431. 433. 437. 440. 441. 445. 261. F. & W. 331. Words. Ap. 448. Lloyd F. & W. -333. Lloyd, 262. „ 269. F. & W. 335. 336. Words. Ap. 448. F. & W. 338. Lloyd, 273. Words. Ap. 449. F. & W. 339. Lloyd, 283. „ 274. » 277. „ 279. F. & W. 341. Words. Ap. 451. F. & W. 341. Lloyd, 283. F. & W. 342. Lloyd, 286. F. &- W. 343. z Digitized by Microsoft® 338 RECEIPTS. 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 MiscELLAJS'BOU's FoEMS — Continued. Eequesfc to the Bank of England to receiye money, the Accountant-General's office being closed. Ditto. Bond under sect. 85 of the Lands Clauses Act. Ditto. Ditto. Bond by a railway company and sureties on taking possession under the 85th section of the Lands Clauses Consolidation Act. Bond under sect. 85, where company are likely to be required to purchase buildings under sect. 92. Notice to yearly tenant that immediate possession is required, and making offer of compensation. Eeceipt for compensation by a leasehold tenant. Application to the .Lord Mayor of London (acting as a justice) for a summons to a yearly tenant, under sect. 121 of the Lands Clauses Consolidation Act. Summons to a yearly tenant to appear before a police magistrate. Ditto. Order on summons under sect. 121, L. C. A., fixing the amount of compensation to be paid to a yearly tenant. Ditto. Warrant to sheriff to deliver possession of lands. Memorandum of deposit of purchase-money pending completion of purchase. Ditto. Petition to Parliament against railway bill. Memorandum of weekly tenant's compensation for quit- ting premises. Six months' notice to mortgagees to pay off mortgage money and interest. Prerogative writ of mandamus to make company take up award. Affidavit in support of application for a prerogative writ of mandamus. Indorsement of intention to claim mandamus. Mandamus to railway company to complete a bridge in accordance with the provisions of the Eailway Clauses Act, 1845. REASSIGNMENTS AND RECONVEYANCES. 1 Eeassignment of leasehold and personal estates by trustees, to their cestui que trust, on trusts being satisfied (with variations). 2 Eeconveyance of freehold estates by trustees to their cestuis que trust, on trusts being satisfied (with variations). RECEIPTS {see also Acknowledgments, aitte). 1 Various forms of receipts. 2 Ditto. Lloyd, 287. Words. Ap. 454. 453. Lloyd, 275. P. & W. 344. 5 Dav. 760. F. & W. 346. 349. 350. „ 351. „ 353. Lloyd, 270. F. & W. 354. Lloyd, 270. F. & W. 359. „ 360. Lloyd, 288. P. & W. 361. Lloyd, 288. „ 289. „ 301. „ 803. „ 304. „ 311. 3 Wilde, 567. „ 587. „ 572. 4 Chit. 351. Digitized by Microsoft® RECEIVER. 339 3 Ordinary form on deed. 4 Ditto. 5 Eeceipt on payment of consideration by two persons in "Unequal sums. 6 Receipt on further advance under mortgage for securing same. 7 Receipt for interest money. 8 Receipt for moneys secured upon a mortgage and under- taking to transfer. 9 Receipt for the purchase-money of stock-in-trade and effects. 10 Receipt for annuity. 11 Receipt for rent. 12 Receipt given by a nominee under the Clergy Residence Act for money paid into his hands. 13 Receipt by a legatee for his share of residuary estate. 14 Receipt for a composition on a debt, and undertaking to execute a release. 15 Receipt for a composition paid by a trustee, and under- taking by creditors to execute a release. 16 Receipt for a dividend paid by trustees under a deed of assignment to creditors. 17 Receipt by a mortgagee for deeds. 18 Ditto, and also indorsed. Receipt to be indorsed on mortgage deed to building society on payment of mortgage debt, see Benefit Building Societies, ante. RECEIVER. 1 Deed of appointment of a receiver. 2 Ditto. 3 Ditto (short form). 4 Appointment of a receiver by demise, by grantor of annuity. 5 Appointment of a receiver of mortgaged premises. 6 Ditto, in mortgage to one. 7 Ditto, in mortgage to two or more. 8 Ditto. 9 Operative part of an appointment of a receiver to keep down the interest of a mortgage. 10 Appointment of receiver to secure rents to mortgagee. 11 Ditto, by creating a term. 12 Concise form of an appointment by mortgagor and mort- gagee of a receiver of rents, to secure interest of money advanced to him. 13 Appointment of a receiver of rents, &c., to keep down the interest of a mortgage. Variations where the purpose of the receiver is to secure the payment of an annuity. 14 Appointment of receiver of rents and tithes, by power of attorney, for securing interest on a mortgage, and an annuity. 15 Appointment of receiver by two mortgagors and the mort- gagee, of freeholds, or of freeholds and copyholds, the freeholds by demise, the copyholds by power of attorney. Variations adapted to a mortgage under a power. 2 Rouse, 419. Ship. 627. 2 Rouse, 419. „ 419. Ship. 628. Wilk. 177. „ 173. Ship. 628. „ 628. 3 Wilde, 575. Wilk. 176. „ 174. „ 174. „ 175. „ 176. Ship. 628. Hayes, 512. Prior, 112. 2 Bone, 169. 2 Jar. 573. 2 Bone, 362. 1 Dav. 268. „ 271. 1 Rouse, 452. Bird, 67. 1 Crabb, 270. 1 Jones, 44. Ship. 254. 1 Wilde, 338. 2 Jar. 601. 584. z 2 Digitized by Microsoft® 340 RECITALS. 1 6 Appointment of receiver by a mortgagor, by way of power of attorney. Power to appoint deputy. 17 Appointment of a receiver of the rents of a mortgaged leasehold estate for lives. 18 Appointment of a receiver with the concurrence of a prior mortgagee who postpones his security. 1 9 Deed of direction to receiver upon the creation of a further charge. 20 Appointment of a receiver of freeholds and leaseholds by trustees, under a power in a voluntary settle- ment, at the request of the tenant for life, for paying interest on a mortgage and on several sums, and also several life annuities given by the settle- ment. 2 Jar. 606. RECITALS. 1 Abatement. Mar. E. 53. 2 Abduction. „ 53. .S Acceptance. „ 55. 4 Account. „ 56. 5 Accounts due on mortgages, and agreement to pay ofiP same out of purchase money. Wilk. 180. 6 Account of principal and interest. 2 Crabb, 1313. 7 Act of Parliament. Mar. E. 61. 8 Ditto. Ship. 19. 9 Ditto, authorising sale. 2 Eouse, 131. 10 Ditto, contract for sale under. „ 138. 11 Action at law. Ship. 19. 12 Ditto. Mar. E. 64. 13 Action having been commenced against a mortgagor. Wilk. 182. 14 Administration. Mar. E. 68. 15 Ditto. 2 Eouse, 124. 16 Ditto. Green. 385. 17 Ditto. Ship. 19. 18 Ditto. 2 Crabb, 1308. 19 Ditto (limited). Green. 386. 20 Ditto (limited). Ship. 19. 21 Ditto (with will annexed). „ 19. 22 Ditto, to mortgagee. 2 Eouse, 128. 23 Admittance. Mar. E. 70. 24 Ditto, of devisee to copyholds. 2 Orabb, 1323. 25 Ditto. 1 Dav. 160. 26 Advowson. Mar. E. 72. 27 Age. „ 74. 28 Agent. 75. 29 Agent, contract for sale by, &c. 2 Eouse, 138. 30 Ditto, purchase by. Green. 386. 81 Agreement. Mar. E. 77. 32 Ditto. Ship. 19. 33 Agreement for sale. Green. 377. 34 Ditto. Ship. 20. 35 Agreement for right of way. 2 Eouse, 135. 36 Agreement by mortgagees, &c., to join. „ 143. 2 Jar. 595. 1 Prid. 544. 2 Dav. 1262. „ 1291. Digitized by Microsoft® RECITALS. 341 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Agreement that mortgagee had agreed to discharge a part of the mortgaged premises from the mortgage. Ditto. Agreement that mortgagee should receive part of the purchase money and release the property. Agreement that part of purchase money should remain on mortgage. Agreement by mortgagees to advance part of the purchase money. Agreement that purchase money should be paid to mort- gagees in part satisfaction of their debt. Agreement for sale subject to (incumbrances, and) a right of repurchase. Agreement to make nev? conveyance, and to join in con- firming same. Agreement by persons interested in purchase money to join in conveyance. Agreement by heir to effectuate ancestor's contract by joining in conveyance. Agreement by executor to assent to legacy. Alterations in will by codicil. Annuity. Annuity, agreement for sale of. Annuity, grant of. Ditto, with term to trustee. Annuity, amount due on. Application. Appointment. Appointment, power of. Ditto. Appointment of leasehold by a will. Appointment of protector. Appointment of executors, by mortgagee. Appointment of new trustees. Appointment of new trustee. Apportionment. Apportionment of consideration money — freehold and copyhold. Apportionment of purchase money for the stamp duty. Ditto. Appraisement of goods levied, and of defendant requesting sheriff to assign same to him, in part satisfaction of his damages. Apprenticeship. Ditto. Approval. Approval of deed by judge. Arbitration. Arms. Asseiit. Assent of an executor to a bequest. Assignees, choice of under bankruptcy. Assignment. Ditto. Ship. 20. Wilk. 187. 1 Dav. 172. „ 172. „ 172. Wilk. 187. Green. 380. „ 381. „ 382. „ 383. „ 385. 2 Rouse, 124. Mar. E. 84. 1 Dav. 184. 2 Crabb, 1311. 2 Rouse, 132. „ 132. Mar. E. 96. „ 93. 2 Eouse, 121. 2 Crabb, 1311. Wilk. 184. 2 Eouse, 123. „ 127. Green. 386. 2 Eouse, 125. Mar. E. 91. 2 Eouse, 135. 1 Dav. 170. Ship. 21. „ 21. Mar. R. 101. Ship. 28. Mar. E. 104. 2 Crabb, 1313. Mar. E. 105. „ 119. „ 119. Wilk. 184. 2 Eouse, 133. Mar. R. 121. Green. 379. Digitized by Microsoft® 342 RECITALS. 79 80 81 82 83 84 85 86 87 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Assignments, divers. Assignments, mesne. Ditto. Assignment of goods. Assignment of a term. Assignment for benefit of creditors. Ditto. Assignment of a lease. Ditto. Assignment according to its form, where the lease has been previously recited in the deed in preparation. Assignment according to its effects, where the deed has been previously recited in the deed in preparation. Assignment according to its form, where the lease has not been previously recited in the deed in preparation. Assignment according to its effect, where the lease has not been previously recited in the deed in preparation. That demised premises vested in assignee after divers mesne assignments, the lease having been previously recited in the deed in preparation. Assignment of a mortgage. Assignment of leasehold premises by way of mortgage. Attorney. Auction. Ditto. Auction, sale by, under mortgage. Ditto. Ditto, by trustees. Auction, sale by, of leaseholds by executors. Award. Award, of indebtedness under an. Bankers. Bankers, account with, and intended mortgage. Bankruptcy. Bankruptcy and appointment of assignees. Ditto. Bankruptcy, contract for sale under. Bargain and sale. Ditto, inrolled and recovery. Bill in equity. Bill of foreclosure. Bill of exchange. Bill of sale. Bond. Ditto. Bond to secure money. Ditto. Bond, that principal remains due on. Ditto. Bond from one obligor to one obligee. Bond, mortgage. Bond given as collateral security. Boundaries. Builder, contract for loan to 2 Crabb, 1321. Green. 379. Ship. 33. 28 2 Crabb, 1311. Wilk. 191. Ship. 30. „ 29. 2 Eouse, 154. 2 Piatt, 586. „ 586. „ 587. „ 587. 588. Ship. 32. 82. Mar. R. 123. „ 123. Ship. 29. 2 Rouse, 137. 2 Crabb, 1310. 1309. Wilk. 188. Mar. R. 125. Wilk. 187. Mar. R. 126. 2 Rouse, 157. Mar. R. 131. 1 Dav. 183. 2 Rouse, 133. „ 139. Mar. R. 136. 1 Dav. 155. Mar. R. 138. 2 Crabb, 1312. Mar. R. 138. „ 140. „ 143. 2 Crabb, 1312. 2 Rouse, 155. 1 Dav. 184. 2 Rouse, 155. 2 Crabb, 1313. Ship. 22. 22. Wilk. 186. Mar. R. 150. 2 Rouse, 158. Digitized by Microsoft® RECITALS. 343 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 Builder, part completion of work by, &c. 2 Rouse, 158. Building lease, agreement for. „ 144. Building society, mortgage of leaseholds to. Wilk. 185. Building society, memorandum of further charge to. „ 186. Certificate. Mar. R. 150. Certificate of chief clerk. 1 Dav. 174. Cesser. Mar. R. 151. Chancery proceedings on a sale. 1 Dav. 172. Ditto. 2 Rouse, 134. Ditto, sale under. „ 138. Ditto, on a purchase out of a fund in court. 1 Dav. 173. Ditto, confirmation of sale under. 2 Rouse, 144. Charge. Mar. R. 151. Codicil. „ 152. Ditto. 1 Dav. 162. Ditto. Ship. 27. Codicils not affecting a general derise. Wilk. 181. Codicil, alteration in will made by. 2 Rouse, 124. Codicil not affecting devise of realty. Green. 383. Cognovit. Mar. R. 152. Compensation. „ 153. Composition. „ 154. Conditional surrender of copyholds. 2 Rouse, 151. Confirmation deed, recital in. Green. 382. Consideration. Mar. R. 157. Contract for purchase. „ 157. Ditto. 2 Rouse, 135. Ditto. Green. 378. Ditto. 2 Crabb,1308 Contract for sale of freeholds. 1 Dav. 169. Ditto, in consideration of an annuity. Wilk. "186: Contract for sale of copyholds. 1 Dav. 169. Ditto, of leaseholds. „ 169. Contract for purchase of freeholds. „ 169. Ditto. Green. 379. Ditto, of copyholds. 1 Dav. 169. Ditto, of leaseholds. „ 170. Ditto. 2 Pratt, 589. Ditto, of freeholds, copyholds, and leaseholds. 1 Dav. 170. Contract for purchase of freehold and copyhold. 2 Crabb, 1309 Contract for purchase of a policy of life assurance. Wilk. 183. Contract for sale of mortgage debt. Green. 384. Contract for sale of lands, and that no conveyance made. „ 381. Contract and sub-contract for sale. „ 381. Ditto (another form). „ 381. Ditto. Wilk. 180. Contract with a party deceased. „ 180. Conveyance. Mar. R. 171. Ditto, by lease and release. 1 Dav. 163. Ditto. 2 Crabb, 1315 Ditto. Ship. 34. Ditto (and fine). 1 Dav. 154. Ditto (and fine). „ 164. Ditto, to uses to bar dower. „ 158. Digitized by Microsoft® 344 RECITALS. 181 Oonvevance, founded on the statute. 182 Ditto.' 183 Ditto. 184 Ditto, by appointment, lease, and release. 185 Ditto. 186 Ditto, by grant. 187 Ditto. 188 Ditto, by feoffment and fine. 189 Ditto. 190 Ditto, by feoffment. 191 Ditto. 192 Ditto, to uses to prevent dower. 193 Ditto. 194 Ditto, subject to restrictive covenants. 195 Release gounded upon a lease for a year. 196 Copyholds, seisin of. 197 Copyholds, admission to. 198 Copyholds, sale of and surrender. 199 Copyholds, agreement to enter into covenants as to. 200 Copyholds, sale, payment, and covenant to surrender. 201 Copyholds, subsale, &c. 202 Copyholds, absolute surrender of. 203 Ditto. 204 Copyholds, deed of covenant on surrender of. 205 Copyholds, mortgage of. 206 Court rolls. 207 Covenant. 208 Covenant in a mortgage to surrender copyholds. 209 Covenant for the production of title deeds. 210 Ditto. 211 Covenants, agreement to enter into. 212 Creditors, conveyance for benefit of. 213 Curtesy. 214 Curtesy, tenancy by. 215 Deaths. 216 Death of an intestate, and grant of letters of administration. 217 Ditto. 218 Death of testator, and proof of will. 219 Death of testator with only a will, and probate of his will. 220 Death of a testator with a will and one codicil, and probate thereof. 221 Ditto. 222 Death of a testator with a will and codicils. 223 Death and probate of a will and codicils. 224 Death of testator, renunciation by executors, and grant of administration with the will annexed. 225 Death of administrator and grant of administration de bonis non. 226 Death, and probate of a will by one executor. 227 Death of mortgagee, and appointment of executors. 228 Death of mortgagee intestate as to mortgaged estate. 229 Ditto. 230 Ditto (and trust estates). 1 Dav. 153. „ 163. 2 Crabb, 1814. 1 Dav. 154. „ 164. „ 154. „ 164. „ 164. „ 165. 2 Crabb, 1314. Ship. 33. „ 36. Green. 379. Wilk. 193. Ship. 35. 2 Eouse, 120. „ 147. „ 147. 149. „ 150. „ 150. „ 153. 2 Crabb, 1323. 2 Rouse, 159. ■2 Crabb, 1320. Ship. 36. Mar. R. 178. 1 Dav. 182. Ship. 30. Wilk. 189. 2 Rouse, 149. 132. Mar'.'R. 180. Green. 386. Mar. R. 180. 1 Dav. 186. 2 Rouse, 124. „ 124. 1 Dav. 185. „ 185. Ship. 27. 1 Dav. 186. Wilk. 181. 1 Dav. 186. „ 186. Wilk. 184. 2 Rouse, 127. 2 Crabb, 1319. Green. 387. „ 384. Digitized by Microsoft® RECITALS. 345 231 Death of surviving trustee as to trust estates. 232 Death of mortgagee, and administration. 233 Death of mortgagee, and devise of trust estates. 234 Death of mortgagee, and heirship. 235 Death of old, and appointment of new trustees. 236 Debenture. 237 Debt. 238 Debt upon an account stated. 239 Ditto. 240 Debt upon a bond. 241 Debt upon a judgment. 242 Ditto. 243 Ditto, upon two judgments. 244 Ditto, upon several. 245 Debt due on mortgage, interest having been paid. 246 Debt remaining due on mortgage with an arrear of interest thereon. 247 Debtor and creditor deed, contract for sale under. 248 Decree. 249 Ditto. 250 Deed. 251 Deed not having been executed to purchaser. 252 Deed poll appointing a new trustee. 253 Deed poll executing a power of appointment. 254 Deed of further charge. 255 Ditto. 256 Ditto (by indorsement). 257 Deed of further charge. 258 Ditto, and transfer of mortgage for term. 259 Deed to lead the uses of a fine. 260 Default in payment, and amount due. 261 Default in payment, and subsequent payment. 262 Default in payment, and notice of intended sale. 263 Deposit of a lease. 264 Deposit of deeds. 265 Descent. 266 Devise. 267 Devise in trust for sale. 268 Devise of freeholds and copyholds (specific). 269 Devise (general) of real estate (before the Wills Act). 270 Ditto (since the Wills Act). 271 Devise to tenants in common. 272 Disclaimer. 273 Disclaimer by one of several trustees and executors. 274 Dower. 275 Disintailing deeds. 276 Desire to bar an entail without prejudicing previous estates and powers. 277 Agreement of protector to consent. 278 Desire to bar an entail of freeholds and copyholds and to resettle estates. 279 Desire to bar an entail of stock. 280 Doubts as to vesting of legal estate. Green. 387. 2 Rouse, 128. „ 131. „ 131. Green. 384. Mar. E. 183. „ 183. 2 Crabb, 1313. Ship. 22. 2 Crabb, 1314. „ 1314. Ship. 23. i Crabb, 1314. Ship. 23. 1 Dav. 184. „ 184. 2 Eouse, 139. Mar. E. 184. 2 Crabb, 1312. Mar. E. 184. 2 Crabb, 1310. 1315. 1 Dav. 179. ■2 Crabb, 1318. Green. 387. „ 387. 1 Dav. 167. 2 Eouse, 127. Ship. 35. 2 Eouse, 126. „ 127. „ 129. Wilk. 184. „ 187. Mar. E. 187. „ 188. 2 Eouse, 124. 1 Dav. 160. „ 161. „ 161. 2 Rouse, 124. Mar. E. 188. Wilk. 189. Mar. E. 189. 1 Dav. 180. „ 179. „ 180. „ 180. „ 181. 2 Crabb, 1320. Digitized by Microsoft® 346 RECITALS. 281 Dower, agreement to release. 1 Dav. 182. 282 Enfranchisement. Mar. E. 194. 283 Enfranchisement under the Copyhold Acts Wilk. 193. 284 Enfranchisement, contract for. 1 Dav. 172. 285 Exchange. Mar. E. 198. 286 Exchange, contract for. 2 Eouse, 146. 287 Executors. Mar. E. 200. 288 Executors, appointment of by mortgagee. 2 Rouse, 127. 289 Extent. Mar. R. 200. 290 Extent and inquisition. Ship. 21. 291 Felo de se. Mar. E. 200. 292 FeofPment. „ 202. 293 Ditto. 2 Crabb, 1815. 294 Ditto. Ship. 33. 295 Fiat. Mar. E. 203. 296 Fine. „ 203. 297 Ditto. 2 Crabb, 1816. 298 Fine, deed to lead to uses of. Ship. 35. 299 Freight. Mar. R. 206. 300 Grant {see also Conveyance). „ 207. 801 Guardian. „ 207. 302 Heirship. „ 208. 303 Inclosure. „ 211. 804 Indemnity. „ 216. 305 Infant. „ 219. 806 Inquisition. „ 221. 307 Ditto. Ship. 22. 808 Ditto. 2 Crabb, 1316. 809 Insolvent debtor. Mar, E. 221. 310 Institution and induction. „ 226. 311 Intestacy (see also Death). „ 227. 312 Issue. „ 228. 313 Jointure. „ 229. 314 Judgment. „ 229. 315 Ditto. 2 Crabb, 1317 816 Ditto. Ship. 23. 317 Ditto (several). „ 23. 318 Ditto, obtained against a mortgagor Wilk. 182. 319 Lease. Mar. E. 231. 320 Ditto. 2 Eouse, 153. 321 Ditto. 1 Dav. 167. 322 Ditto. ■2 Crabb, 1317 823 Ditto. 1 Dav. 160. 324 Ditto. Wilk. 177. 325 Ditto. Green. 378. 326 Lease, contract for the grant of. 2 Piatt, 584. 327 Lease, according to its form. „ 584. 328 Ditto, according to its eflFect. „ 585. 329 Lease from mayor, &c., of London. Ship. 34. 830 Lease with covenant for renewal. „ 35. 331 Lease being partnership property. Wilk. 190. 332 Lease made in execution of a power. 1 Dav. 183. 333 Lease, contract for sale of. 2 Eouse, 141. 334 Lease having become vested in vendor. 1 Dav. 167. Digitized by Microsoft® RECITALS. 347 335 Lease, mortgage of. 336 Lease, mortgage of. 337 Lease, second mortgage of. 338 Lease, transfer of a second mortgage of. 339 Lease, agreement to assign a lease by a retiring partner on the dissolution of a partnership. 340 Lease, agreement to accept surrender of. 341 Lease, surrender of a, the lease having been previously recited in the deed in preparation. 342 Lease, renewals of (concise). 343 Lease and release {see also Conveyance). 344 Letter of attorney. 345 Ditto. 346 Letter or povcer of attorney to receive rent. 347 Letters patent. 348 Letters patent, grant of. 349 Licence. 350 Licence to assign lease. 351 Ditto. 352 Licence, contract for, to use invention. 353 Limitations. 354 Limitation by an indenture generally. 355 Limitation, that by several indentures and assurances the property now stands settled to certain uses. 356 Limitation, that by a will and appointment the pro- perty now stands settled to certain uses. 357 Ditto, that estates stand limited to certain uses. 358 Ditto, that vendor or mortgagor is entitled for a life estate under a will. 359 Loan. 360 Loan, agreement for. 361 Ditto. 362 Loan, agreement for transfer of. 363 Ditto. 364 Loan, agreement for, by several lending on a joint account. 365 Loan, agreement for, by several lending in distinct sums. 366 Loan, contract for, to builder on houses in progress. 367 Loan, agreement for, on mortgage. 368 Loss. 369 Lunacy. 370 Ditto, and appointment of committee. 371 Marriage. 372 Marriage of a party interested, &c. 373 Marriage intended. 374 Merger. 375 Minority. 376 Minor, contract for sale where one of vendors. 377 Mortgage. 378 Ditto. 379 Ditto. 380 Ditto. 381 Ditto. 382 Ditto (in fee). 383 Ditto, by demise. 2 Rouse, 156.- Wilk. 178. „ 178. „ 178. „ 190. „ 191. 2 Piatt, 589. „ 589. Mar. R. 241. „ 246. Ship. 34. 2 Crabb, 1317. Mar. E. 247. 1 Dav. 185. Mar. R. 249. 2 Piatt, 589. Ship. 34. Green. 384. Mar. E. 249. 1 Dav. 157. „ 158. „ 158. „ 158. „ 159. Mar. R. 249. 1 Dav. 175. 2 Rouse, 156. „ 158. 1 Dav. 175. „ 176. „ 176. 2 Rouse, 158. Ship. 28. Mar. R. 256. » 257. 1 Dav. 183. Mar. R. 282. 2 Rouse, 131. „ 162. Mar. R. 286. „ 288. 2 Rouse, 138. „ 126. Mar. R. 288. 1 Dav. 166. 2 Crabb, 1318. Green. 380. Ship. 31. „ 31. Digitized by Microsoft® 348 RECITALS. 384 Mortgage of leaseholds. 385 Mortgage when not made by the mortgagor alone. 386 Mortgage, transfer of. 387 Ditto. 388 Ditto, agreement for transfer of. 389 Ditto, and further charge and security for future advances. 390 Mortgage, agreement for, and further advances. 391 Naturalization. 892 Notice of intended sale under power. 393 Order of court. 394 Ownership of fixtures, &c. 395 Parcels. 896 Partition. 397 Partition, agreement for. 398 Ditto. 399 Ditto, between joint tenants of freeholds. 400 Partnership. 401 Ditto. 402 Partnership, dissolution of. 403 Payment. 404 Payment on sale under a decree in Chancery. 405 Payment into Bank of England on sale under an Act of Parliament. 406 Payment of succession duty in conveyance. 407 Pedigree. 408 Petition. 409 Pleadings. 410 Policy of assurance. 411 Ditto. 412 Ditto. 413 Ditto. 414 Ditto. 415 Policy effected as part security for a loan. 416 Policy of assurance, that a person is entitled to for his own life. 417 That a person has insured the life of another. 418 Agreement that husband has insured his life in trustees' names. 419 Portions. 420 Possession of lands for a term as tenants in common. 421 Ditto. 422 Possession by virtue of an assignment. 423 Ditto. («.) Powers. 424 Presentations. 425 Ditto. 426 Probate (see also Death). 427 Production. 428 Promissory note. 429 Promissory notes, of liability on. 430 Prosecution. 2 Crabb, 1320. 1 Dav. 159. Green. 388, 2 Eouse, 127. 1 Dav. 175. 2 Eouse, 158. 1 Dav. 175. Mar. E. 303. 2 Eouse, 129. Mar. E. 304. Wilk. 189. Mar. E. 304. „ 808 2 Eouse, 155. 2 Crabb, 1308. Wilk. 190. Mar. E. 317. Wilk. 188. „ 190. Mar. E. 321. 2 Eouse, 145. „ 145. Green. 377. Mar. R. 329. „ 330. „ 330. „ 830. 2 Eouse, 156. Wilk. 183. Ship. 24. Green. 389. 1 Dav. 176. „ 183. „ 183. „ 178. Mar. R. 334. 2 Crabb, 1321. Ship. 25. 2 Crabb, 1321. Ship. 25. Mar. E. 343. „ 349. 2 Eouse, 146. Mar. R. 349. „ 352. 853. Wilk. 182. Mar. E. 353. Digitized by Microsoft® RECITALS. 349 431 Protector. 452 Protector agreeing to join in conveyance. 433 Protector refusing to join. 434 Purchase. 435 Purchase having been made for joint benefit. 436 Eeceipt. 437 Eeceiver. 438 Eeceiver, agreement for appointment of. 439 Eeconveyance. 440 Eeconveyance, intended. 441 Ditto. 442 Eecovery. 443 Ditto. 444 Eeference. 445 Eelease. 446 Eemainder or reversion, right to. 447 Eenewal. 448 Eenewals (concise). 449 Eent charge. 450 Eent charge, creation of. 451 Eent charge, contract for sale of. 452 Eent charge, sales in consideration of. 453 Eenunciation of executorship. 454 Eeport. 455 Eequest to convey. 456 Eeversion {see also Remainder). 457 Eevocation. 458 Eevocation of appointment of executor and appoint- ment of substitute. 459 Sale. 460 Sale by auction by trustees. 461 Ditto, by mortgagee. , 462 Sale, agreement for. 463 Ditto, by second mortgagee, subject to a prior mortgage. 464 Sale under Trustees and Mortgagees Act, 1860. 465 Sale by private contract in pursuance of a povrer of sale. 466 Sale in fee of freeholds. 467 Ditto. 468 Sale of copyholds. 469 Ditto. 470 Sale of freehold and copyhold. 471 Sale, No, having taken place under power contained in a mortgage. 472 Seisin. 473 Ditto, in fee. 474 Ditto, subject to a mortgage. 475 Ditto, in fee simple, by virtue of a will. 476 Ditto, by virtue of a deed and fine. 477 Seisin of lands in tail under a settlement. 478 Entitled to lands in undivided moieties. 479 Seisin (testator's), and execution of will and a codicil, and of testator's death. 480 Separation. Mar. E. 354. 2 Eouse, 143. „ 146. Mar. E. 358. Wilk. 188. Mar. E. 358. „ 358. 1 Dav. 176. Mar. E. 360. 2 Eouse, 127. 1 Dav. 177. Mar. E. 360. Ship. 35. Mar. E. 362. „ 362. 2 Eouse, 122. Mar. E. 362. 2 Piatt, 589. Mar. E. 363. 2 Eouse, 125. „ 135. „ 139. „ 135. Mar. E. 368. W\\k. 181. Mar. E. 368. 368. Green. 385. Mar. E. 369. 2 Crabb, 1309. 1310. Ship. 20. 1 Dav. 171. 2 Eouse, 130. 1 Dav. 171. „ 181. 2 Eouse, 120. „ 120. 1 Dav. 181. 2 Eouse, 121. Wilk. 179. Mar. E. 372. Ship. 26. 2 Crabb, 1322. Ship. 2G. 2 Crabb, 1322. Ship. 26. „ 26. 2 Crabb, 1307. Mar. E. 372. Digitized by Microsoft® 350 RECITALS. 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 Separation. Settlement. Settlement, marriage. Agreement to settle real estate. Agreement to settle personalty. Agreement that husband shall covenant to pay money to be settled. Settlement (strict) on marriage. Settlement in trust for sale on marriage. Settlement of personal estate on marriage. Settlement (marriage). Settlement with power of sale. Settlement, contract for sale under. Settlement (intended) of stock or money on mortgage. Settlement (intended) of real estate. Agreement on marriage to convey copyholds and lease- holds, and to pay off mortgage out of wife's personalty — husband to be entitled to residue. Stock. Stock, transfer of. Stock, purchase of. Stock, of title to dividends of. Subsale, contracts for. Suit. Surety. Surname. Surrender. Ditto of copyholds. Surrender and admittance. Surrender of a lease {see also Lease). Term of years. Tithe, purchase of, by testator, and conveyance. Tithe, commutation of.. Title. Title to dividends of stock. Tolls of turnpike road, contract for lease of. Ditto, sureties to join in lease. Transfer (see also Mortgage). Transfer, intended. Transfer, agreement for. Trustees, appointment of new. Trustees, contract for purchase by. Trustees for sale, contract for sale by. Trusts. Trust for sale. Trust property put up for sale, but bought in. 524 Umpire. 525 Uses. 526 Valuation. 527 Valuation of an estate whereby party had right of pre- emption. 528 Vesting order under bankruptcy. 2 Eouse, 163. Mar. R. 374. 1 Dav. 167. „ 177. „ 177. „ 178. „ 155. „ 156. „ 156. 2 Orabb, 1322. 2 Eouse, 125. „ 139. „ 163. „ 163. Green. 383. Mar. E. 378. 2- Orabb, 1323. 2 Eouse, 162. 2 Crabb, 1323. 2 Eouse, 142. Mar. R. 383. „ 388. „ 388. 392. 2 Crabb, 1323. 1 Dav. 182. 2 Crabb, 1324. Mar. E. 396. 2 Rouse, 134. 134. Mar'.'E. 403. 2 Crabb, 1323. 2 Eouse, 160. „ 161. Mar. E. 421. 2 Rouse, 158. „ 161. „ 125. „ 141. „ 137. Mar. E. 421. 1 Dav. 168. Green. 385. Mar. E. 435. „ 435. „ 438. 2 Crabb, 1310. 2 Eouse, 133. Digitized by Microsoft® REDDENDUM. 351 529 Warrant of attorney. 530 Ditto. 531 Ditto, given with a bond. 532 Warrant, issue of, by sheriff to bailiffs to levy, &c. 533 Way, right of, agreement for. 534 Will. 535 Will of personalty (since the Wills Act). 536 Will of personal estate or of real estate since 1 Vict. 537 Will of real estate made prior to the 1 Vict. 538 Will, death and probate, to show appointment of executors. 539 Will, proof of (see also Death). 540 Will of mortgagee. 541 Will and devise of residue. 542 Writ. 543 Writ of fieri facias to the sheriff. 544 Writings, intended covenant for production of. VarioTis. 545 Erection of buildings since conveyance. 546 Form of recital when mortgage paid off but no recon- veyance taken. 547 Eecital for excluding the operation of the Trustees and Mortgagees' Act (with variations where the exclusion is to be declared by way of proviso). RECONVEYANCES (see Reassignments, ante). RECTORIAL IMPROPRIATE TITHES (see Tithes, post). RECTORY (see Advowsons and Pbesbntation, ante). 10 11 REDDENDUM. Commonest form. In ordinary lease (nett rent). Where lessor is owner of the fee. Where lessor is owner for a term of years. In a lease for years, determinable on the death of a person. With an exception in case of fire. Eents varying in amount. Distinct reddendums for different premfees comprised in the same lease. Of a proportional part of rent on determination of lease by lessor's re-entry under the proviso. In leases under powers. Of money during the first year, and corn for the residue of the term. Mar. E. 440. Ship. 26. Ship. 25. 24. 2 Eouse, 135. Mar. R. 440. 1 Dav. 161. Ship. 27. „ 27. „ 27. 2 Eouse, 124. 2 Crabb, 1319. Wilk. 181. Mar. E. 450. Ship. 23. 2 Eouse, 145. Green. 389. „ 342. Lang. Ap. 3. 2 Piatt, 600. 2 Eouse ;, 237 2 Piatt, 601. JJ 601. ?! 601. J5 601. J> 602. JJ 602. 3J 602. 57 603. 603. Digitized by Microsoft® 352 REGISTRY. 12 Of a wheat and malt rent to a college, or of money in lieu thereof. 13 Of a money rent varying with the average price of corn for a given number of years. 14 Additional rent in case demised premises shall be used for trade. 15 Additional rent for insurance. 16 Of one rent in time of peace, and augmented rent in time of war. 17 Where rent increasing after certain period. 18 In lease of a farm. 19 In lease of land and brick-kiln at rent depending on quantity made. 20 Eent in moieties, and additional rent for every acre con- verted into tillage. 21 Of sums paid by lessor for premiums of insurance, on lessee's neglect to insure. 22 Of sums paid by lessor for painting and repairs, on lessee's default. 23 To tenant for life, and reversioner for the time being, a certain rent for lands to be bnilt on ; a certain rent for pasture land, subject to increase, on such land being used for any other purpose than pasture ; lease being made under a power. 24 Monthly, of one-eighth of coals landed, &c., or one-eighth of the money to be produced by sale thereof. 25 Of a peppercorn. 26 Of a lease by husband and wife, under the statute of 32 Hen. VIII. c. 28. 27 Of redeemed land-tax in ecclesiastical lease. 28 In lease of tolls of turnpike road. 29 Where power to determine lease at different times as to different parts. 30 Of rent and proportionate part in lease by tenant for life. 31 Eeservation of rent half yearly {see also Exceptions, afite). REDEMPTION (EQUITY OF). Conveyance of, see Conteyancbs, anU. Mortgage of, see Mobtgages, ante. RE-ENTRY (PROVISO FOR) (see Provisoes, ante). REFERENCE (see Aebiteation, REGISTRY. 1 Form of registry of a parish apprentice. [See 43 Eliz. c. 2, s. 5 ; 8 & 9 Will. III. c. 30 ; 18 Geo. III. c. 47; 56 Geo. III. c. 139; 42 Geo. III. c. 46 ; 7 & 8 Vict. c. 101, ss. 12, 13.] 2 Forms relating to the registry, sale, and mortgage of British 2 Piatt, 603. „ 603. „ 604. 2 Rouse, 238. 2 Piatt, 605. 2 Eouse, 239. „ 238. 239. 2 Piatt, 606. „ 606. „ 607. „ 607. „ 608. „ 608. „ 609. 609. 2 Eouse, 240. „ 239. Hayes, 669. Ship. 49. 3 Wilde, 608. Digitized by Microsoft® RELEASE. 353 10 11 12 13 14 15 16 17 ships, issued by the Oommissioners of Customs and approved by the board of Trade. Certificate of British registry. Memorials to register, see Mbmoeials, ante. RELEASE. Of Iiands from Charges. Release of an annuity secured upon freehold premises, upon its being repurchased, the term assigned to merge (with variations). a. Yariation vyhere the release is upon a sale of the premises. b. Yariation where the purchase-money foi' the an- nuity is to be converted into a mortgage debt. Release of an annuity and surrender of a term to merge by indorsement on the grant. Release of part of an estate from the payment of an annuity or rent-charge. Release of a moiety or other portion of an annuity upon its being repurchased. Release of lands from a redeemable annuity, and surrender of a term created for securing it (by indorsement on the annuity deed). Release of lands from two annuities created by will, one of which was reversionary, and the other was vested in one of the releasors in trust for the other; and also from dower, to a _ purchaser of part of the testator's estate. (Yariation where the release is of a gross sum. ) Equitable release of part of lands charged with an annuity, by assignment of the rent-charge to trustees in trust to levy the rent exclusively from other lands charged. Equitable release (by covenant) of a rent-charge on the sale of part of the land charged. Equitable release (by assignment) of a rent-charge on the sale of part of the land charged. Release of charges on real estate. Release of land from a judgment in order to enable the vendor to sell. Release of a right to land. Ditto. Ditto. Release of a jointure and surrender of a term for securing the same. Release by a jointress of hereditaments from a jointure charged thereon, and on other hereditaments, and surrender by the trustees of the term created for securing the jointure. Release by children and persons claiming through them of portions raisable under the trusts of a term of years created by will, and surrender by the surviving trustee of the term to a purchaser, who had bought subject to the portions. Abb. Ap. 323. Ship. 541. 3 Wilde, 630. „ 637. 639. 641. „ 676. „ 643. 9 Jar. 856. „ 862. „ 870. Prior, 139. ., 140. G-reen. 394. 3 Wilde, 666. „ 681. 2 Jones, 93. Ship. 639. Hayes, 727. 5 Dav. 650. 654. A A Digitized by Microsoft® 354 RELEASE. Of Lands from Chabges — continued. 18 Eelease by indorsement on a settlement, of a power to jointure an after-taken wife. 19 Eelease of a part of the lands charged with a jointure rent-charge, and surrender of the term for securing the jointure. 20 Release of lands fi-om a legacy charged thereupon by will. 21 Ditto. 22 Ditto. 23 Release by husband and wife of legacy charged on land. 24 Release of legacies charged on lands, and surrender of the term created for securing the same. 25 Release of wife's right to dower in respect of all the real estate to which her husband was entitled at his decease. 26 Release of part of lands charged with a rent-charge. 27 Release and extinguishment of a rent-charge (with variations). Of Bights of "Way. 28 Release of a right of way from the grantee to the grantor. 29 Ditto. 30 Ditto, in consideration of the grant of another road. 31 Release of a right of way, contained in a conveyance of the servient tenement. 32 Partial release of the right of user of a well and pump (by indorsement). Releases generally. 33 General release. 34 Common form of release. 35 General release of all claims. 36 Ditto. 37 General release from one to one (general form). 38 Ditto. 39 Release from two to one. 40 Release from three to two. 41 Release from one to three. 42 Mutual release of all claims between two. 43 Ditto. 44 Ditto. 45 Mutual release by deed poll. 46 Release of a legacy. 47 Ditto. 48 Release of a pecuniary legacy, to bear the receipt for the legacy duty. 49 Ditto (simple form). 50 Release by deed poll by a legatee and her husband, to executors, of two pecuniary legacies. 51 Release to executors of a legacy for £10,000 which had been settled on the marriage of the legatee. 52 Release to executors and trustees of a will. 53 Eelease to trustee under a will. 5 Dav. 659. Dav. Con. 451. 2 Prid. 531. 2 Grabb, 1331. 2 Jones, 81. „ 83. Ship. 640. 2 Prid. 532. „ 549. 3 Wilde, 674. 1 Hug. 409. Ship. 643. 2 Crabb, 1333. 9 Jar. 875. Prior, 140. Bate. 394. R. P. M. 212. 4 Chit. 352. 3 Wilde, 650. 2 Crabb, 1327. 2 Jones, 95. 4 Chit. 353. „ 353. „ 353. Sweet, 225. 2 Jones, 92. Ship. 638. 9 Jar. 822. 2 Crabb, 1330. Love. 538. Sweet, 226. 9 Jar. 825. „ 828. „ 830. Hayes, 720. 1 Rouse, 301. Digitized by Microsoft® RELEASE. S.^JS 54 55 56 57 58 59 60 61 62 64 65 66 67 68 69 70 71 72 Eeleases GEivfEEALLY— Continued. General release of a pecuniary legacy, from a legatee to an executor. 2 Hug. 506. General release by several legatees. „ 508. Eelease to executors by husband and wife of two sums of money bequeathed by will, and directed to be invested in the funds, upon the trusts of the husband and wife's marriage settlement. „ 510. Release by husband and wife, for legacies to the wife. Love. 543. Release to executors by a residuary legatee. Green. 389. Ditto. 2 Hug. 513. Release from a surviving brother and the children of a deceased sister and brother of their respective shares of personalty under the Statute of Distributions to the widow and administratrix of a brother, who died with- out issue and intestate. 2 Jones, 87. Release to an executor and trustee under a will, by the person entitled to receive the residue of the effects, on his coming of age. Ship. 649. Release of executors, where the testator bequeathed the residue of his estate and effects to them, upon trust for his children, with accruer to the survivors, if either should die under age. Love. 540. Release of an administrator during minority, by a new administrator de bonis non. ,, 545. Release of trustees of a will by residuary legatees. Hous. 195. Release by residuary legatees to the trustees and executors of a will on the distribution of the residuary estate of the testator. 2 Prid. 524. Release by residuary legatees to executors and trustees, where the accounts are set forth in schedules. „ 526. Release to executors and trustees as to a share in residuary estate bequeathed to a female, who afterwards marries, and who, with her husband, sells her share before the same has fallen into possession. „ 529. Release of demands, from a residuary legatee after attain^ ing the age of 21 years, to executors and trustees. Sweet, 227. Release by the executor of certain annuitants and the residuary legatees to the trustees and executors of the testator. 5 Dav. 626. Release by the trustees of a marriage settlement, and by the husband and wife, in the transfer to the trustees of sums of stock bequeathed to the wife by will and comprised in the settlement. „ 630. Release of shares in sums of stock in which a life interest had been given by will, and which, subject thereto, fell into the residue, one of the shares having been settled, and others having passed by the intestacy and bequests of deceased legatees. „ 633. Release of the executors and trustees of a will by the tenant for life of, and the person entitled in reversion to, the residue of the testator's personal estate. Proviso that the release shall not extend to the funds actually held by the trustees. „ 644. A A 2 Digitized by Microsoft® 356 RELEASE. Releases generally — continued. 73 Eelease to executors, by a surviving residuary legatee and the executors of a deceased residuary legatee. (Variation where a covenant to pay any unsatisfied debts of the testator that may be discovered, and also generally to indemnify, is added.) 74 General release from a residuary legatee to a surviving executor, with special recitals of transactions in the trust, by which losses had accrued, and the executors had incurred responsibility ; and also a covenant of indeni"'iity against the covenants of leases assigned by the executor to the legatee. 75 Release to the trustees of a will of personalty and con- verted realty by tenant for life and his children, putting an end to the trust. 76 Eelease of a covenant to pay a sum of money, by the executor and legatee in trust of the covenantee, in con- sideration of transfer of stock, and declaration of trust thereof (the releasee being cestui que trust for life of the stock). 77 Eelease of trustees on the transfer of stock. 78 Eelease by a cestui que trust to whom trust funds and securities, to which he had become absolutely entitled under the trusts of the marriage settlement of his parents, have been transferred by the trustees of such settlement. 79 Eelease to the trustees of a marriage settlement upon the division of the trust property ; after the death of the settlor and his wife, between their son and daughter, the daughter's share being transferred to the trustees of her marriage settlement. 80 Eelease by children entitled under a marriage settlement of personalty upon the transfer of their shares. 81 Release by the surviving tenant for life and the person entitled in reversion under a marriage settlement of stock and money lent on mortgage. Proviso that the release shall not take effect, as to part of the funds, till certain acts have been done by the trustees. Proviso that the release shall not extend to the funds actually remaining vested in the trustees. Eelease to trustees by cestui que trust upon the trusts being performed. Eelease and Indemnity. Eelease and indemnity to an executor. Eelease of claims upon, and covenant to indemnify, au executor who has assigned personal estate devised upon trust in favour of a tenant for life and remainder-man to tru-stees upon the same trusts, from all claims in respect of legacy duty, or upon the testator's estate in resspect of debts subsequently discovered. 85 Eelease and indemnity, by some of the persons beneficially 82 83 84 9 Jar. 832. „ 837. Prior, 230. 9 Jar. 846. 2 Crabb, 1336. 2 Hug. 524. Dav. Con. 455. Prior, 228. 5 Dav. 647. 3 Wilde, 686. 2 Jones, 84. 2 Hug. 521. Digitized by Microsoft® RELEASE. 357 Eeleasb asd Indemnity — continued. interested under a will, to the trustees carrying on the testator's trade without authority. 86 Eelease and indemnity to executors by tenant for life of, and persons entitled in remainder to, a legacy of stock upon a sale of the stock and payment of the proceeds to the tenant for life and the legatees in remainder whose interests are contingent upon the death without issue of a woman aged eighty. 87 Eelease and covenant of indemnity by legatees to executors and trustees transferring a pecuniary legacy without deducting legacy duty, the liability to which was doubtful. (Yariation where specific legatees covenant to answer latent debts, according to the relative value of the legacies.) 88 Eelease and covenant of indemnity by the cestui que trust under a marriage settlement, on the trustees' trans- ferring a mortgage security, part of the trust funds, to the releasor. 89 Eelease to a trustee, on having sold an estate, pursuant to the trusts, and having distributed the money among the eestuis que trust (who are numerous), the vrife of the trustee being one of the eestuis que trust. Covenant to indemnify the trustee. 90 Eeleaseand indemnityfrom pecuniary legatees toexecutors who pay the legacies after the withdrawal of a caveat which has been entered by some of the next of kin for impeaching the will. 91 Ditto. 92 Eelease and indemnity by the members of a friendly society to the administratrix of a deceased trustee, dis- tributing a fund on its dissolution. 93 Eelease and indemnity to the executrix of the surviving trustee under a composition deed by the creditors and representatives of creditors named therein, on receiving their last dividend indorsed on the deed of composition. 94 Eelease and indemnity to the surviving trustee of a marriage settlement by tenant for life and his children, one being a married woman, whose share is settled in reversion. 95 Eelease and indemnity (in one deed) by the parties interested under a will and settlement, one being a married woman, whose share is settled in reversion. Debtor and Creditors. 96 Eelease from creditors to a debtor, under a composition. 97 Ditto. 98 Ditto. 99 Eelease from creditors to a debtor. 100 Eelease from creditors under a trust deed to the trustees on the payment of the dividends. 101 Ditto. 102 Eelease from creditors to a bankrupt, he paying a certain Sweet, 228. 5 Dav. 661. 9 Jar. 843. „ 850. 854. 2 Prid. 535. C. 196. 9 Jar. 859. „ 873. Prior, 281. „ 234. 2 Jones, 96. 1 Crabb, 581. 4 Chit. 429. 2 Crabb, 1338. 1339. Ship. 645. Digitized by Microsoft® 358 RELEASE. Debtor and Creditors — conimued. sum into the hands of his assignees for the general benefit of his creditors. 103 Release by creditors to their debtors, upon receiving 10s. in the pound as a composition or dividend upon the amount, and in full discharge of their respective debts. 104 Eelease by creditors to their debtor, on receiving pro- missory notes and bills of exchange for a composition on their demands, payable by instalments. (Variation where the creditors merely covenant not to sue.) 105 Eelease from a creditor to a debtor upon receiving the amount of his claim. 106 Deed of release by creditors of a debtor on paying a composition in full discharge. 107 Release from creditor to debtor, on receiving a sum of money in satisfaction of disputed claim. 108 Release from creditors (to one that took out letters of administration to the debtor), upon their receiving £ ■- in satisfaction of their debts, to be divided amongst them in proportion to their debts, and covenant from them to refund in proportion, in case any debts of the deceased should appear. 109 Eelease by creditors of an intestate on payment of a composition by an administrator. 110 Release by creditors to an agent acting under a power of attorney of their debts against his principal on payment of a composition. lir Release from a debt owing by a firm. 112 Indenture of release from two creditors to one of two partners. 113 Memorandum indorsed on the above deed of release. Miscellaneous. 114 Release and confirmation, by way of extinguishment, of copyholds for lives of a capitular manor, purchased by the Church Estates Commissioners. 115 Release by an heir at law of a testator to a purchaser of a copyhold estate, where it had been sold by a trustee under a will. 116 Release of right by a person supposed to be entitled to admittance as customary heir of a surviving trustee. 117 Release of right in copyholds. 118 Release of an executory devise. 119 Release of rent-charge in fee to the owner in fee of the freeholds out of which it is payable. 120 Eelease by a married woman of her equity to a settlement in personalty. 121 Release of a jointure by the widow to the heir. 122 Release of dower (with variations). 123 Ditto. 124 Release of dower by a widow, and general release. 125 Release of dower, either in all the lands of the deceased, or in particular lands. Ship. 647. 1 Jones, 199. 8 Byth. 516. 2 Hug. 515. H. L. F. 167. 9 Jar. 824. 4 Chit . 354. Wilk 194. JJ 196. JJ 198. 1 Crabb, 582 )) 584 2 Dav. 389. 2 Crabb, 1332. 2 Scriv. 879. 1 Rouse, 136. 1 Prid. 326. „ 335. „ 356. 3 Wilde, 663. 655. 2 Crabb, 1329. 2 Jones, 94. Sweet, 231. Digitized by Microsoft® RELEASE. 359 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 Miscellaneous — continued. Release of dower in consideration of an annuity given by husband's will in lieu of dower. Eelease of a portion. Release of a power. Ditto, reserved in a deed. Eelease of a power of revocation and new appointment contained in a voluntary settlement. Eelease of a covenant (by indorsement). Eelease of a covenant contained in a deed (with variations). Ditto. Deed of covenant not to sue one of several grantors of annuity, so as to release him without discharging the co-obligor. Release of mortgage bond and covenant. Release of a bond on its being paid, but lost or mislaid. Ditto. Release of a bond to several obligors, it being lost or mislaid. Eelease on payment of a sum of money owing on a bottomry bond which is lost, and covenant to deliver it up when found, and indemnify in the meantime. Eelease pursuant to an award. Eelease from sailors to a master of a ship from their wages. Ditto. Release of errors upon a judgment or otherwise. Eelease (or relinquishment) of an executorship. Release of a part of mortgage money on its being paid off. Release by mortgagee to mortgagor of all actions and demands, pursuant to direction of award ; excepting a warrant of attorney, directed by award to be given by mortgagor to mortgagee. Release by mortgagor to mortgagee of all actions and demands, pursuant to direction of award ; excepting right to redeem, in manner prescribed by award. Release by mortgagee in fee of part of hereditaments subject to mortgage. Release to a guardian. Ditto. Ditto, by ward on coming of age. Release of a right of entry from a landlord to a tenant. Release of right of leasehold premises by executors to a devisee. Release from one trustee to another of a trust estate on the releasor leaving the kingdom (by indorsement). Eelease of actions on payment of cost. Short form of mutual release between two partners. Mutual release by two partners on a dissolution of partnership. Mutual release of all claims between a partnership firm and an individual. Ditto. 9 Jar. 872. 3 Wilde, 670. „ 672. 2 Jones, 97. 2 Prid. 533. 2 Crabb, 1329. 3 Wilde, 652. 4 Chit. 355. „ 356. Moore, 204. 3 Wilde, 648. 2 Jones, 99. 2 Crabb, 1328. 4 Chit. 353. „ 355. „ 353. 3 Wilde, 691. 659. 660. „ 668. Jar. 214. 215. Green. 343. 2 Jones, 95. 2 Hug. 520. 9 Jar. 872. „ 680. 3 Wilde, 684 2 Pnd 2 Hug 688 534. . 517. J7 518. Sweet, 9 Jar. 225. 823. Digitized by Microsoft® 360 REQUEST. 160 161 162 163 164 165 166 167 168 169 170 171 Miscellaneous — continued. Mutual release by indenture, without recitals, between a partnership firm and an individual. Eelease from an agreement by purchaser and vendor. Release to a mortgagee of the equity of redemption in freeholds by the parties entitled under the will of a deceased mortgagor. Mutual release of debts and causes of action. Release of actions for breach of covenants for title, and also of the covenants themselves, by the devisees of the deceased purchaser to the vendor. Release of actions by remainder-man, on account of waste committed by tenant for life, the releasor's father. Eelease, by a remainder-man in fee to a tenant for life. Ditto. Ditto. a. Receipt for purchase-money to be indorsed. Release by a reversioner in fee to a tenant for years. Ditto. Confirmation and release (by indorsement on a deed) by an infant on his coming of age, who had been made a party to it during his minority. R. P. M. 213. Wilk. 198. „ 199. 5 Dav. 660. 9 Jar. 882. „ 866. 2 Hay. Intr. 20. Ship. 371. 2 Jones, 76. 2 Hay. Intr. 22. 23. 2 Jones, 79. 97. REMAINDER {see Rbveesioitary Interests, ^osi). RENT-CHARGE {see also Annuities, ante). 1 Grant of a rent-charge. 2 Ditto. 3 Ditto. 4 Grant of a jointure rent-charge. 5 Grant of a rent-charge in lieu of dower. 6 Grant of a rent-charge during the life of the grantor, with a demise to a trustee for years for securing the same. 7 Voluntary grant of a rent-charge for the life of the grantee, determinable on alienation. 8 Ditto (intended as a qualification). Conveyance in consideration of a rent-charge, see Con- veyances, ante. Eelease of lands from rent-charge, see Release, ante. RENUNCIATION {see Disolaimbe, ante). REPUBLICATION OF WILL {see y^iL-LS, post). REQUEST. 1 Request by cestuis que trust to trustees to sell out stock for a mortgage. 2 Deed of request to trustees to sell settled estates under a power of sale which is to be exercised upon request. Lewis, 436. 1 Bone, 324. Green. 267. 5 Dav. 1071. 2 Orabb, 990. 2 San. 115. Hayes, 715. 4 Jar. 131. Green. 395. 5 Dav. 1044. Digitized by Microsoft® REVERSIONARY INTERESTS. 361 RESERVATIONS {see also Exceptions, Habendums, and Eeddendum, ante). 1 Reservation of rent half-yearly. 2 Reservation of rent, in a lease by a tenant for life, under a power in a settlement. 3 To a tenant in tail. 4 In a lease by husband, under the stat. Hen. VIII. RESIGNATION. 1 Resignation of a living to a bishop (with variation). 2 Resignation of a benefice. 3 Resignation of a rectory or vicarage. 4 Bond of resignation of a living. 5 Ditto. 6 Ditto. 7 Bond of resignation of an ecclesiastical benefice. 8 Covenant to resign a rectory. 9 Bond to resign a living on request. 10 Bond to resign a rectory upon request, after either of the patroness's two sons is competent to take it, and in the meantime to reside. 11 Bond to a patron possessed of a vicarage for years, to resign the living upon request, when his son shall be competent to take it, and in the meantime not to be absent from the hving for more than two months in a year, with form of resignation taken before a bishop, and of resignation of a vicarage or rectory before a notary public, when the bishop is absent. | 12 Bond to resign a rectory when the patron's protege shall be fit to be presented. 13 Bond to reside upon a parsonage, and to resign in favour of the patron. 14 Bond for the resignation of a living in favour of one or two sons of the patron. 15 Bond of resignation as master of a free school, in case of negligence, &c. 16 Ditto. REVERSIONARY INTERESTS. 1 Conveyance of a remainder or reversion in fee. 2 Ditto. 3 Ditto. 4 Grant of a reversion in fee, expectant on a life estate. 5 Grant of a reversion in fee, expectant on a term of years. 6 Grant of remainder in fee, expectant on an estate for life. 7 Conveyance of a remainder or reversion by tenant in tail in remainder, with consent of protector. 8 Conveyance of remainder or reversion in fee of copyholds, by deed of covenant to surrender, and surrender. Ship. 49. „ 50. „ 51. „ 52. 3 Wilde, 694. 2 Crabb, 1345. Moore, 203. Hayes, 791. R. P. M. 72. 2 Hug. 577. 2 Prid. 522. 5 Dav. 1020. 2 Wilde, 214. 3 Jar. 576. „ 578. „ 580. 1 Crabb, 556. 5 Dav. 758. 1 Crabb, 555. 1 Jones, 188. 1 Rouse, 74. Ship. 360. 1 Jones, 319. 1 Bone, 304. 2 Hay. Intr. 34. 37. 1 Rouse, 75. 128. Digitized by Microsoft® 362 REVOCATION. 9 Eelease of contingent interest in copyholds to a pur- chaser, who has been admitted under a surrender by the owners of the subsisting vested estates. 10 Deed of disposition of a contingent interest in copyholds under 8 & 9 Vict. c. 106, s. 6, to a purchaser. 11 Ditto. 12 Convey ance of a contingent estate in copyholds. 13 Conveyance on a sale by a contingent remainder-man in fee. 14 Conveyance of an absolute reversion. 15 Grant of a reversion in fee in lands, with the introduction of a new description of the parcels, according to a recent survey ; also a memorandum endorsed for the purpose of proving the existence of the particular estate. 1 6 Conveyance to a lessee of the reversion in fee expectant on an episcopal lease for lives, sold by the Church Estates Commissioners. 17 Conveyance to the uses of a settlement, by the Ecclesias- tical Commissioners, of a reversion in fee expectant on a lease for lives of a sinecure rectory, subject to the payment of a yearly sum to the vicar, and to the repairs of the chancel. 18 Conveyance by the Ecclesiastical Commissioners, to trustees of settled estates, of the reversion in fee expectant on a capitular lease for years. 19 Conveyance of a reversion expectant on a lease to the lessee, who purchases under an option of purchase given to him by the lease. 20 Conveyance of a remainder in fee simple expectant on a life estate to a purchaser, who covenants to pay the succession duty. 21 Conveyance of a remainder in fee limited by way of executory devise to a purchaser to uses to bar dower, in consideration of stock to be invested in the names of trustees to be transferred to the vendor, upon his con- tingent estate becoming vested, or to be transferred to the purchaser, in case of its failing to take effect. 22 Assignment of ground rents by the reversioner in fee (a corporation) with a demise for vesting in the purchaser a reversion to enable him to recover them. 23 Assignment of reversionary interest of a married woman. 24 Ditto, under a will (under 20 & 21 Vict. c. 67). 25 Assignment of a reversionary share in investments under a will. Conveyance of reversions, &c., see Cohvetances, ante. Mortgages of reversions, &c., see Mortgages, ante. Settlements of reversions, &c., see Settlements, post. REVOCATION. 1 Eevocation of uses in pursuance of a power (with varia- tions). 9 Jar. 614. 2 Scriv. 905. 2 Crabb, 1293. Dav. Con. 99. 9 Jar. 611. Dav. Con. 95. 4 Jar. 137. 2 Dav. 391. „ 394. „ 400. 1 Prid. 198. „ 267. 1 Hug. 145. 9 Jar. 316. 1 Crabb, 416. 1 Rouse, 218. „ 216. 3 Wilde, 703. Digitized by Microsoft® RIGHT OF WAY. 363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Deed of revocation of old uses, and appointment of new ones. Ditto. Revocation by indorsement. Revocation of a deed of appointment and new appoint- ment (irrevocable) by indorsement. Deed of revocation of an appointment in favour of children made under powers in a settlement and will, and new appointment with power of revocation. Revocation of a power of attorney, see Powers of At- TOENBY, ante. Revocation of will, see Wills, post. RIGHT OF COMMON {see Geakts, ante). RIGHT OF WAY. Grant of a right of way. Ditto. Ditto. Ditto (short form). Ditto, to a mine for a term of twenty-one years. Ditto, and drainage for lessees. Ditto, to follow the general words. Grant of a right of road in a lease. Lease or grant of a way-leave, or right of way. Grant of way or road. Grant of a right of way for horses, carriages, and cattle. Variation, where the grant is limited to a footway only. Grant of a right or liberty of way through a certain road, with horses, carriages, &c. ; covenant by grantee to keep the same in repair. Grant of an ancient footway belonging to a messuage (conveyed by the present indenture), which had been extinguished by unity of possession with the lands over which it extended. Grant of a right of way contemporaneous with a convey- ance under a power of sale of settled estates. Grant of a strip or piece of ground for the purpose of constructing a private tramroad or railway leading to and from a mine, for a term of years. Grant, in a conveyance of a messuage and parcel of ground, of a right of way over an adjoining close. Special grant of right of road to railway. a. Covenants and proviso relating to the said grant of right of way. Grant of a right of way where the grantor wished to divert a public road, and in order to induce another party to consent to such diversion, he agreed to grant a right of way over certain lands, and the use of a private road. Covenants for the repair of the road, of mutual distress on certain roads, &c., and other special covenants, the grantor being about to apply to the quarter sessions for leave to divert the public road. 2 Jones, 100. 3 Wilde, 700. 2 Jones, 107. 2 Crabb, 1846. 3 Dav. 598. 1 Prid. 829. 1 Rouse, 79. Green. 268. 1 Bone, 809. 1 Hug. 417. Hayes, 659. ■2 Crabb, 998. Woodf. 1036. Bain. 738. 2 Crabb, 996. 1 Hug. 405. 4 Jar. 148. „ 160. 2 Dav. 238. 1 Hug. 412. Clay. 184. Green. 270. 1 Bone, 311. Digitized by Microsoft® 364 SEPARATION DEEDS. 19 Lease of a qualiiied right of way, at a certain rent, with an additional rent for every occasion in which the way shall be used for certain purposes. Covenants by lessee to pay rents, not to erect any building on adjoining premises, belonging to him, above a certain height ; not to use the way for the before-mentioned purposes. Power to lessor to distrain for rents on lessee's adjoin- ing premises ; also to determine lease in case of non- payment of rent, or if lessee should erect any building contrary to his covenant. RULES OF FRIENDLY SOCIETIES {see Benefit Building Societies, ante). SALES {see Bills op Sale, Conditions op Sale, Contracts por Sale, ante). Sales of ships, see Shipping, post. SALT MINES {see Leases, ante). SEAMEN {see Shipping, post). SEPARATION DEEDS. 1 Deed of separation. 2 Ditto. 3 Deed of separation between husband and wife. 4 Separation deed, with provisions as to wife's property, power to parry on trade, and have care of child, &c. 5 Deed of separation. Husband to take the children, and allow maintenance to wife, who is to see children once a week. 6 Deed of separation between husband and wife. Assign- ment by the husband to trustees for the wife of certain property bequeathed to the wife, and release to the trustees of the will in respect of previous payments to the wife withont the privity of the husband. 7 Deed of separation between husband and wife. Con- veyance and assignment of the wife's present real and personal estate ; and agreement to convey and assign her future real and personal estate. Usual covenants by the husband and trustees. 8 Deed of separation between husband and wife, providing for payment of annuities to the wife, and for her having the custody of one of the children. 9 Deed of separation between a husband and wife ; the husband covenanting to pay an annuity upon trust for 4 Jar. 811 2 Crabb, 1348. Hayes, 783. 2 Crabb, 1355. 1 Rouse, 530. Wilk. 257. 5 Dav. 1078. 1090. 1095. Digitized by Microsoft® SEPARATION DEEDS. 365 10 11 12 In O 14 15 16 17 the benefit of the wife during their joint lives, the wife being allowed to retain her wearing apparel and other articles reputed to belong to her. Deed of separation between a husband and wife ; the latter being allowed to retain her wearing apparel, ornaments of the person, and other articles reputed to belong to her, an annuity charged on real estate being also secured to her separate use. Deed of separation between husband and wife, by which the wife is permitted to occupy a leasehold dwelling- house, and to have the use of the furniture during her lifetime. Stock in the three per cent, consols is trans- ferred into the name of a trustee, to be held upon trust to pay the dividends to the separate use of wife for life, and after her decease, upon trust for such persons as husband shall appoint. Deed of separation between husband and wife, where the husband settles a sum of money upon trusts for invest- ment in favour of his wife and children, he being indemnified against her debts, and any claims she may make upon him. Deed of separation between husband and wife, by which it is arranged that two-thirds of the dividends of stock to which they are entitled under their marriage settle- ment shall, during their joint lives, be paid to the husband, the remaining third to be paid to the wife for her separate use. Deed of separation between husband and wife, by which it is arranged that the husband shall receive an annuity of £400 during their joint lives, out of the settled pro- perty of the wife, so long as they shall jointly live, and he shall cease to molest her. Deed of separation between husband and wife, the husband paying an annuity during their joint lives, with usual covenants and clauses, and a proviso enabling the husband to procure a divorce, and also for vacating the deed upon reconciliation. Deed of separation between husband and wife, the husband allowing the wife an annuity during their joint lives, which is to be paid to her father, the trustee, while the wife lives with him. Trustee covenants to indemniiy the husband against the wife's debts. Other usual covenants between the husband and wife's trustee. Proviso vacating the deed on reconciliation. Deed of separation between husband and wife. The husband gives up to the wife certain effects which belonged to her before the marriage, and relinquishes all right to her future property, authorising her to bring actions, &c., in his name. He also resigns to the wife the custody of their child. Appointment by wife to the husband of a life interest, determinable on his breach of covenant, in a, moiety of a trust fund, over which she has a general disposing power. Usual cove- nant of indemnity by the wife's trustee. 1 Hug. 801. 808. 814. 820. 824. 828. 2 Jones, 109. 9 Byth. 543. 556. Digitized by Microsoft® 366 SEPARATION DEEDS. 18 Deed of separation between husband and wife, they having two children, whom the wife is to bring up. Husband covenants to pay for the support and maintenance of the wife and children when his circumstances will permit, with usual clauses, and variations where a penal clause is added for the performance of the husband's covenants. 19 Deed of separation between husband and wife on account of incompatibility of temper ; the husband covenanting to allow his wife to live separate ; to permit her children to make her periodical visits ; to maintain and educate children, and indemnify her against all expenses, except maintenance, during their visits to her ; to pay her an annuity to be charged on his real estate. Trusts of the annuity, during the joint lives of husband and wife, for the separate use of wife, restrained from anticipation, with power for her to dispose of savings by will. Proviso for indemnifying husband out of annuity against the debts and acts of wife. Covenant by trustees that wife shall not molest husband. Proviso for cesser of annuity in case of reconciliation or breach of covenant on the part of wife. 20 Deed of separation between husband and wife. Covenant by husband that wife may live separate, and have the custody of her child ; that he will not receive her separate and after-acquired property ; that he will not contest any will made by her ; and that, after her death, her separate and after-acquired property may go to her next of kin. Grant by husband of annuity, charged upon part of his real estate, to a trustee, with powers of distress and entry. Demise of premises so charged for a term of ninety-nine years, upon trust to secure annuity. Assignment by husband to a trustee of dividends of a sum of stock as further security for annuity. Covenant by husband for payment of annuity. Trusts of annuity. Covenant by trustee that wife will not molest husband, and to indemnify him from her debts and acts. 21 Deed of separation between husband and wife. Covenant by husband to permit his wife to live separate. Cove- nants by the trustees to indemnify the husband against all obligation to maintain his wife, or to answer for her debts. 22 Arrangement between husband and wife, whereby an annuity or rent-charge independent of her own estates and paraphernalia are secured to her, and in which a friend of the wife engages to indemnify the husband against such debts as she had contracted or might contract during the separation. 23 A continuation of the last arrangement, whereby the chil- dren are provided for, and put under the direction and management of mutual friends of the husband and wife. 2-1 Deed of settlement by which a gentleman, upon separating ] Jones, 113. Peac. 902. 911. 2 Prid. 640. Bird, 337. 355. Digitized by Microsoft® SETTLEMENTS. 367 26 27 from his kept-mistress, settles an anmiity upon her, payable monthly, so long as she shall remain unmarried, upon condition of her quitting the neighbourhood. 25 Deed of settlement by which settlor conveys real estate to trustees in fee, upon trust to raise out of the rents and profits an annuity of £150 for a lady with whom he had cohabited, but is now about to separate from, for her life, and to invest the residue of the rents and profits to accumulate at compound interest during her lifetime, and after her decease to sell the real estate and divide the proceeds, as also the invested surplus rents, amongst the four natural children of the settlor by the lady. Proviso that the annuity shall cease in case she shall attempt to anticipate the growing pay- ments, and that in case of her marriage the annuity shall become payable to her separate use. Bond given to trustees to secure an annuity to a kept- mistress, upon a separation, so long as she shall remain single, and shall absent herself from the neighbourhood of the obligor's residence, and shall not attempt to anticipate the growing payments of the annuity. Form of a bond given to a kept-mistress on separation, to secure an annuity of £100 payable quarterly, and in case of her marriage to be to her separate use, and to cease in case of her attempting to anticipate the grow- ing payments. 28 Bond to permit a wife to live separate from her husband. 29 Ditto. SERVANTS {see Principal and Agent, ante). SETT (MINING) {see Leases, ante). SETTLEMENTS. Real Estate. 1 Marriage settlement of real property, with the usual clauses. 2 Ditto. 3 Ditto (by lease and release, to uses in strict settlement). 4 Settlement, on marriage, of real estate upon the husband and wife successively for life; remainder to issue of the marriage, as the husband and wife shall appoint ; in default of appointment, to the children of the marriage in equal shares as tenants in common in tail, with cross remainders. Powers of management, leasing, and sale and exchange. 5 Settlement, on marriage, of real estate upon the husband for life; remainder, subject to a jointure rent-charge, to the sons of the marriage in tail male. Declaration as to application of rents during minorities. Power of 1 Hug. 833. 837. 842. s, 847. 1 Crabb, 541. 1 Jones, 193. Hayes, 594. Green. 396. 2 Hay. Intr. 54. Div. Con. 365. Digitized by Microsoft® 368 SETTLEMENTS. Eeal Estate — continued. leasing and of sale and exchange by reference to the Act 23 & 24 Yict. c. 145. Settlement of real estate, with usual provisions. Con- veyance by the intended husband of lands and heredita- ments to trustees for ninety-nine years, to secure pin money for wife during the joint lives of herself and her husband, and subject thereto to the use of husband for life, with remainder to the use that wife may receive a jointure rent-charge during her life, subject as afore- said, to trustees for 1000 years, to secure jointure, and also portions for younger children ; subject as aforesaid, the lands and hereditaments are limited to the use of the first and other sons of the marriage in tail male. Trusts of the pin-money term. Trusts of the term to secure jointure and portions for younger children. Power of applying rents towards the maintenance of minors. Power to husband to charge the estate with jointure and portions in favour of a future wife, and of children by another marriage. Powers of leasing ; powers of sale and exchange. Enfranchising copyholds, and making partitions. Power of appointing new trustees. Marriage articles by which the real estate of the intended husband is to be settled to the use of himself for life ; intended wife to receive a rent-charge for her jointure, and subject thereto to the first and other sons in tail, successively, with remainder to daughters as tenants in common in tail, with cross remainders between them, with the ultimate remainder to the right heirs of the intended husband ; also power to raise portions for children ; to grant leases, and other usual powers. Agreement to settle freehold and leasehold estates, the property of the intended husband, to the use of the intended husband for life ; the intended wife to receive a rent-charge thereout by way of jointure, subject to which the intended husband is to have a power of appointment amongst the children of the marriage; and in default of appointment, the children to be entitled to equal shares of the whole property ; the shares of sons to become vested at 21, and of daughters at 21 or marriage, with provisions for maintenance and advancement in the meantime. Marriage settlement, by which freehold estates, the pro- perty of the intended husband's father, are settled, and under which the intended husband is to receive a rent- charge during the joint lives of himself and father. A rent-charge is also limited to the intended wife for her jointure, subject to which charges the property is limited in strict settlement to the father and intended husband, successively for life, with remainder to the first and other sons by the intended husband succes- sively in tail, with remainder to his daughters as tenants in common in tail, with cross remainders Dav. Con. 375. 2 Prid. 269. 1 Hug. 650. 653. Digitized by Microsoft® SETTLEMENTS. 369 Real Estate — continued. between them. Trusts for the maintenance of children during the lifetime of intended husband's father, and for raising portions for children; with provisoes for survivorship and accruer. Power of advancement. Power for husband to settle a rent-charge on any future wife or wives. Power of partition, sale and exchange, and for tenant for life, or in tail, to grant leases. 10 Marriage settlement, by which real estates, the property of the intended husband, are conveyed to trustees upon trust to sell, and to invest the proceeds, and to pay the income to the intended husband for life, with remainder to the intended wife, in case of her surviving him, with power of appointment in favour of the children of the marriage, and, in default thereof, to be divided amongst the children equally, with provisions for maintenance, power of advancement, and also with power of appoint- ment by the intended husband in case no children of the marriage shall live to acquire a vested interest in the trust monies. 11 Freeholds (or leaseholds), husband's property. Conveyance to trustees by a deed separate from the settlement. 12 Freeholds and leaseholds for years, husband's property. 1 3 Strict settlement of freeholds and leaseholds for lives and years, with full powers and clauses, including the trusts of a term for securing advancements to younger children, and children of future marriages. Powers to jointure and portion children of subsequent mar- riages. Special provisions as to children advanced under the terms. Power of mortgaging, and clauses as to renewal of leaseholds for lives. 14 Conveyance of freeholds in trust for sale, the proceeds of sale to be held upon trusts declared by a deed of even date. Powers of leasing, &c. 15 Settlement of freeholds belonging to the intended hus- band and wife respectively, to the use of them succes- sively for life, with remainder (subject to a power of selection) to the children, equally in tail, with cross remainders between them. Usual powers. Variation where the settlement is of an estate belonging to the father of the intended husband, and a rent-charge only is limited to the intended husband and wife, and their children during the father's life. 16 Settlement, upon marriage, of freeholds in fee simple and copyholds of inheritance, the property of the intended husband, as to the freeholds to the use of the husband for life, subject to an annuity to the wife for her pin- money; remainder, subject to an annuity to the wife for her jointure, to the first and other sons of the marriage successively in tail male, remainder to the husband in fee. Trusts of terms for raising pin-money, to secure jointure, and for raising portions for younger children. Declaration as to the receipt and application of rents during minorities. Powers of jointuring and 1 Hug. 665. „ 687. Prior, 154. „ 155. 156. Sweet, 247. 250. Digitized by Microsoft® 370 SETTLEMENTS. Real Estate — continued. charging portions. Powers to lease for twenty-one years, to grant building leases and to grant mining leases. Powers of granting licences to copyholders and of enfranchisement. Power of sale and exchange. Trusts of copyholds to correspond with uses of free- holds. Trustee clauses adapted to the case of several sets of trustees. Covenants for title. 17 Settlement, upon marriage, of freehold estates partly comprised in a former settlement. Limitation of a rent-charge to the intended husband, and of jointure rent-charges of different amounts in different events to the intended wife with usual powers. Limitation to the father of the intended husband for life, in restora- tion of his former life estate as to the property subject to the former settlement, remainder to the intended husband for life ; remainder (subject to portions term) to his first and other sons in tail male, with ulterior remainders, comprising limitations to the husband's younger brothers for life and their issue in tail, such that the issue in the male line of the brothers are preferred to the issue female of the husband. Trusts of term for securing rent-charges. Trusts of term for raising portions for younger children, adapted to the case of limitations to daughters in succession. Declara- tion as to the receipt and application of rents during minorities ; similarly adapted. Power for the father of the husband to charge a gross sum. Power for the husband, in default of male issue, to charge additional portions for daughters. Powers for the subsequent tenants for life to jointure and to charge portions. Powers of leasing, granting licences to copyholders, enfranchisement, and sale and exchange, adapted to the case of limitations including several tenants for life in succession. Proviso that as to the property com- prised in the former settlement the powers of the former settlement shall overreach the uses of this settle- ment. Covenants by the father of the husband and by the husband for title. Eelease by the father of the estates from a charge in respect of redeemed land-tax, with proviso avoiding the release in the event of the marriage not taking place. Covenant for further assurance in respect of the redeemed land-tax. 18 Family settlement by father and son, comprising estates and collieries subject to a power of joint appointment by them, and other estates and collieries belonging to the father absolutely. Limitations to the intent that the father may appoint by way of mortgage for securing a specified sum, and that if the father shall not exercise the power to its full extent, the son may exercise it in respect of the deficiency, and, subject thereto, to the use that the son may receive during the joint lives of him- self and his father, a rent-charge, to be augmented in amount if he shall cease to reside with the father, with 3 Dar. 862. 907. Digitized by Microsoft® SETTLEMENTS. 371 19 20 Real Estate — continmd. powers of distress and entry, and a power for the son or his personal representatives within a year after his death to limit a term to secure the rent-charges. Limitations to the father for life, with remainder to the son for life, with remainder to trustees for raising portions, with re- mainder to the first and other sons of the son succes- sively in tail-male, with remainder over. Power for tenants for life to work mines and have possession of colliery plant, subject to the obligation of keeping up its value. Trusts of term for raising portions for younger children of the son, framed so that the portions will be larger if the son have daughters only. Power for the son to jointure a future wife, authorising him to give power to the jointress or her personal representatives to limit a term ; powers for subsequent tenants for life to jointure, with like power of giving powers of appoint- ment to the jointresses or their representatives. Power for subsequent tenants for life to charge portions, with special clauses as to advancement and otherwise ; power to grant building leases, and make contracts with builders, applicable to town property. Special power to grant mining leases. Power of sale and exchange ; assignment of colliery plant upon trusts corresponding to the uses of the freeholds. Provisions for enabling the tenant in pos- session to have the use and disposition of the plant, sub- ject to a power for the trustees to prevent the improper use of the plant by the tenant in possession ; power to appoint new trustees. Covenants by the father and son for title to the estates, and by the father for title to the plant. Settlement upon marriage of freeholds, limiting to the intended wife a jointure rent-charge, with powers of distress and entry, and further secured by a term. Special powers of leasing and sale. Settlement before marriage, by father of intended husband, of real estates to uses ; viz. : to trustees for ninety-nine years for raising, during the joint lives of husband and wife, an annuity for wife's pin-money, to be increased upon the happening of certain events, such annuity to be accounted part of the rent-charge limited to the husband as a present provision, and, subject thereto, to uses for securing several rent-charges, with powers of distress and entry ; viz.: to husband as a present provi- sion, to settlor's wife, by way of additional jointure ; and to intended wife for her jointure ; subject thereto to trustees for three hundred years for raising the rent- charges, and also maintenance of children of the marriage, during minority, in case of the husband's death in settlor's lifetime ; remainder to settlor for life ; remainder to husband for life ; remainder to trustees for two thousand years for raising portions for younger children, with maintenance and advancement clauses, and a proviso for reduction of the portions upon a given event ; remainder to the first and other sons of the marriage 3 Dav. 944. „ 1120. B E 2 Digitized by Microsoft® 372 SETTLEMENTS. 21 22 23 24 Eeal Estate — continued. successively in tail-male; reversion to settlor in fee. Povcers to manage and receive the rents during any minority ; to fell timber and work mines during such minority; to jointure an after-taken wife; to charge portions for children of any subsequent marriage, and to charge annual sum for maintenance and education of such children. Covenant by settlor to pay off a spe- cific incumbrance, and to indemnify trustees and settled property therefrom ; release by husband of his interest in the sum charged. Power to lease for twenty-one years, or for one, two, or three lives, renewable or not ; to grant building leases ; to grant mining leases ; to sell and exchange. Grant of lease for lives to uses and upon trusts similar to those of the estates first granted ; with power of renewal ; trustee clauses ; usual covenants for title by settlor. Settlement before marriage, by intended wife, of an un- divided share in freehold manors and estates. Power for trustees to manage and receive rents during mino- rities ; power for wife, if she survive husband, to charge an annuity to any future husband for his life, with powers of distress and entry ; and to limit term of years for better securing the annuity. Trusts of term of one thousand years for raising additional portions for younger children. Power for wife, if she survive hus- band, to charge the estates with portions for children of subsequent marriage. Powers to lease for twenty-one years ; to grant building leases ; to enfranchise ; to grant licences to copyholders; to partition; to sell and exchange. Assignment by wife of her interest under a particular deed, and of rents to accrue in respect of lands comprised in such deed during the life of intended wife's father, after his accession to an earldom. Assignment by wife of her interest under specified will and codicils ; power to trustees to settle, arrange, and compromise ; trustee clauses ; covenant by intended husband for further assurance. Settlement, on marriage, of husband's freeholds upon hus- band and wife successively for life (subject to a term of five hundred years, vested in trustees for raising por- tions), with remainder to first and other sons succes- sively in tail general, remainder to daughters in tail general, with cross remainder between them. Ee- mainder to husband in fee. Powers of management during minority. Trusts of term of five hundred years. Settlement before marriage by appointment and release of freeholds to strict uses. Settlement of the freehold estate of the intended wife. Use of the husband for life, — remainder to the wife for life, — with remainder (subject to a power to husband and wife, and the survivor, to appoint to or in trust for any child or children, or other issue) to the children as tenants in common in tail with cross remainders, — re- mainder to appointees of the wife — remainder to her in fee. Peac. G49. 694. Lang. Ap. 12. 2 Jones, 117, 154. Digitized by Microsoft® SETTLEMENTS. 373 Real Estate- 25 Settlement of freehold and copyhold estates of the intended wife, as to freehold upon trust for separate use during coverture, with remainder (subject to wife's general power of appointment) to the children of the marriage as tenants in common in tail general with cross re- mainders ; remainder to wife in fee ; power to grant leases in pursuance of subsisting agreements, and for building, &c.; power of sale and exchange. Declaration as to money to be received from a lessee having a power of pre-emption ; covenant to surrender copyhold to be held upon trusts corresponding with freehold. 26 Marriage settlement limiting the freehold estates of the intended husband and wife respectively, to the use of them successively for life, with remainder (subject to a power to the husband and wife, and the survivor, to appoint to or in trust for any child, children, or other issue) to the children equally in tail; with cross re- mainders ; ultimate limitation to the respective settlors; and powers to lease, sell, and exchange. Covenants for title by the settlors respectively. 27 Settlement (in consideration of the lady's fortune) of the freehold lands of the intended husband, to the use of himself for life, with remaiider to the issue of the in- tended marriage in strict settlement, charged with an annual sum for the intended wife, during the coverture, by way of pin-money, and afterwards with a jointure rent- charge for life, in satisfaction of dower, and also with portions for younger children ; and in relation thereto, provisions for maintenance and advancement ; usual clauses respecting partial appointments, advancements by the husband. Terms are limited to secure pin- money, jointure, and portions, with provisoes for cesser. Power to the intended husband to jointure any future wife. Powers of leasing, ordinary and special ; power to appoint new trustees, and other usual provisions. (Variations containing powers for granting building leases, and demising mines ; also, power to the husband to charge the lands in favour of the children of a future marriage.) 28 Appointment and release in fee, limiting to the intended husband a rent-charge during the joint lives of himself and his father, and subject thereto, the lands to the father for life, with remainder to the intended husband for life, with remainder (subject to a rent-charge, to the intended wife, in bar of dower) to the children of the marriage, equally in fee, with cross limitations over, in case of death under 21, and without leaving issue; and in default of any child attaining 21, or dying under age, leaving issue (charged with £5000, to be disposed of by the intended wife), to the father in fee : trusts of terms for securing the rent-charges and raising the sum to be appointed by the wife. (Variation where the trusts of the jointure term are extended to the 2 Jones, 161. 9 Byth. 199. 212. Digitized by IVIicrosoft® 374 SETTLEMENTS. Eeal Estate — continued. authorising the application of the rents of shares in the inheritance to the maintenance of children, during minority. 29 Articles for the settlement of the real estate of a lady under age. The inheritance is to be vested in trustees, upon trusts, for the benefit of the intended husband and wife for life, with remainder ( subject to a power of selection in favour of the issue) to the children equally in tail, with cross remainders. The trust for the husband is made to determine on alienation, bank- ruptcy, &c. Provision for maintenance, powers of leas- ing and sale. 30 Settlement of freehold estates of intended husband and wife. Life estates to him and her successively. Limi- tations in favour of children, according to appointment of both or survivor. In default, to children, as tenants in common, in tail general, with cross remainders. If no child, estates of intended husband to him in fee ; and estates of intended wife to use of her appointment, . whether covert or sole, and in default to her in fee. 31 Settlement of fi-eeholds and copyholds (both mortgaged). By grant of freeholds and covenant to surrender ; copy- holds, to use of intended husband for life, with remain- der to use of intended wife for life, with reversion to intended husband in fee. 32 Conveyance of undivided share of an estate, part freehold and part copyhold, belonging to the intended wife, in trust for sale ; the trusts being declared by a separate deed. Power also given to concur in a partition. 33 Strict settlement of a freehold estate, with terms for securing pin-money and jointure, and raising portions. 34 Conveyance of a small estate, the property of the gentle- man, previous to marriage, to the trustees of the mar- riage settlement, upon trusts for sale, and to stand possessed of the monies upon the trusts declared by the settlement. 3b Settlement before marriage of real estates upon the gentle- man and lady for their lives, with remainder (subject to appointment by them) to their children in tail. 36 Settlement (in consideration of intended wife's portion, which is partly paid down, and partly secured) by lease and release, inroUed under stat. 3 & 4 Will. IV. c. 74, by tenant for life (the protector), and his eldest son, tenant in tail in remainder, on the marriage of the son, limiting the property, part to the father for life, and, subject thereto, the whole to the intended husband for life, charged with an annual sum by way of pin-money for the wife; with remainder, subject to a jointure rent-charge to the wife, to the first and other son? of the intended marriage, and of any future marriage of the husband, successively in tail male, with remainder to the same objects in tail general. Trusts for raising portions for younger children, including the children as 9 Byth. 244. 263. 1 Rouse, 518. 521. 526. 527. Ship. 668. „ 670. Digitized by Microsoft® SETTLEMENTS. 875 37 38 39 40 41 42 43 44 Eeal Estate — i well of the intended as of any future marriage of the husband. Clause specially subjecting the father's life estate to a proportion of the charge of portions for younger children. Power to intended husband to jointure any future wife. Special powers of leasing by indenture or copy of court roll for lives, and also for years. Power to sell and exchange lands, and enfran- chise copyholds. Monies arising from sales, exchanges, and enfranchisements, to be laid out in the purchase of lands, and, in the meantime, invested upon securities. Appointment of protector under the stat. 3 & 4 Will. IV. c. 74, and power to supply vacancies in the ofiice. Settlement of leaseholds for lives and years (which are conveyed and assigned by separate deeds), upon trusts corresponding with the limitations of the freeholds. Covenants for title by the father and son, according to their respective estates. (Special power of leasing, with covenant for perpetual renewal.) Deed appointing a new protector under a power in a marriage settlement (last precedent). Release in fee of freeholds, and covenant to surrender copyholds (both in mortgage), to the use of the intended husband for life, with remainder to the intended wife for life, with reversion to the intended husband in fee. Husband's covenants for title, and to pay off the moi t- gage. Husband to be entitled to personalty devolving to the wife during the coverture. (Variation where the limitations are to the husband for the joint lives of himself and his intended wife, with remainder to the survivor in fee.) A short form. Settlement, by which copyhold premises, of which the in- tended husband is seised in fee, are covenanted to be surrendered to trustees, upon trust for the intended husband for life, with remainder to the intended wife for life, in case of her surviving him, with remainder to the first and other sons of the intended marriage suc- cessively in tail, with remainder to daughters as tenants in common in tail, with cross remainders between them : with power to raise portions for younger children. Provisions for maintenance, and power for trustees to grant leases with the licence of the lord; to give receipts ; and to change trustees. Settlement of copyholds (in a real settlement) upon trusts corresponding to the limitations of the freeholds. Surrender of copyhold premises by husband and wife to the trustees of their marriage settlement. Conveyance, in contemplation of marriage, of freeholds in trust for sale. Conveyance of freeholds, in contemplation of a marriage, to trustees on trust to sell and to hold the proceeds on the trusts of an indenture of settlement of even date. Conveyance and assignment by the intended husband of 9 Byth. 435. ,. 470. 339. 1 Hug. 693. Prior, 324. 2 Jones,. 262. Dav. Con. 381. 2 Prid. 220. Digitized by Microsoft® 376 SETTLEMENTS. Eeal Estate — continued. an undivided share, in reversion of freeholds and lease- holds, to trustees on trust to sell either after the deter- mination of the prior life estate, or during its contin- uance, with the concurrence of the tenant for life, and to hold the proceeds upon the trusts declared by a deed of even date. 45 Conveyance by intended husband of freehold and leasehold estates, to secure a jointure to intended wife, with usual trusts and powers. Proviso enabling the settlor to substitute other lands as a security for jointure. 46 Conveyance, on a marriage, of the lady's freeholds, on trust for sale ; the trusts of the purchase money being declared by deed of even date. 47 Conveyance, in contemplation of marriage, of a freehold estate upon trust, for sale, with a declaration of trust of the purchase money, by reference to a settlement of even date. Power of leasing until sale, usual clauses and covenants. 48 Conveyance of one-third of an estate to trustees for sale. ' The trusts of the money are declared by a separate deed. 49 Conveyance of an undivided share of an estate, previously to marriage, in trust for sale. The trustees are in- vested with a power of appointment, and the trusts of the money are declared by a separate deed. Power to concur in a partition. Leaseholds. 50 Assignment, in contemplation of marriage, of a leasehold messuage in trust for sale. 51 Assignment, in contemplation of marriage, of a leasehold messuage upon trust for sale. Usual clauses and cove- nants. 52 Settlement, on marriage, of the proceeds of sale of a lease- hold messuage, and a sum of railway stock belonging to the husband, and of shares and other property belong- ing to the father of the intended wife. Special covenants and provisoes as to the leasehold property until sold. Power for trustees to avail themselves of preferential right to subscribe for stock or shares for the benefit of the tenant for life. Special powers for trustees to apportion funds, settle questions, and compromise. 53 Articles previously to the marriage of a minor. The in- tended husband, who is of age, covenants, immediately after the marriage, to assign leaseholds belonging to the infant intended wife, upon the trusts of the articles ; and also, at his decease, or on bankruptcy or insol- vency, to repay a pecuniary portion which he receives on the marriage. Short powers to lease, sell, and in- vest in land, vary funds, and give discharges. Special power to discharge and appoint trustees. 54 Assignment by the husband, after marriage, in pursuance 2 Prid. 237. 288. Hayes, 569. 3 Dav. 700. 2 Crabb, 1401. 9 Byth. 258. Dav. Con. 387. 3 Dav. 715. 719. 9 Byth. 274. Digitized by Microsoft® SETTLEMENTS. 377 Leaseholds — continued. of a covenant in marriage articles (last precedent), and indorsed thereon. 55 Settlement, on marriage, of a leasehold house, by way of underlease, for the benefit of the intended wife for life, and then of the husband. (A short form.) 56 Settlement of leaseholds for lives on intended husband for life, with remainder to the intended wife for life, with remainder to their respective children by former mar- riages. Covenant by husband, during his life, to renew the lease. In case of his default, and also after his decease, renewal to be made by trustees. Clause fixing proportions of contribution towards expenses of renewal. Power of revocation and new appointment. 57 Settlement of leasehold premises belonging to the in- tended husband, of stock belonging to the intended wife, and a policy of assurance on the life of the in- tended husband, for the benefit of the husband, wife, and children of the intended marriage. 58 Settlement of a leasehold house, by way of underlease, for the benefit of the intended wife for life, and then for the husband absolutely. Stock and Funds, &c. Settlement on marriage of stock. Settlement on marriage of stock belonging to the wife, and of railway stock of equal value purchased by the husband. Agreement to settle after-acquired property. Settlement on marriage of stock and securities. Deter- minable life interest to the husband. Power to give a life interest to a future husband. Settlement on marriage of stock without provision for children. Settlement on marriage of stock, excluding an eldest son entitled to settled real estates. Covenant to pay an annuity. Settlement of a sum of stock belonging to the intended husband, the income to be paid to the husband and wife successively for life, and after the death of the survivor the principal to be for the issue, as the hus- band and wife or the survivor shall appoint, and, in default of appointment, for sons attaining twenty- one years, and daughters attaining that age or marrying, equally. Hotchpot clause. Maintenance, accumula- tion, and advancement clauses. Trusts in default of children. Power of appointing new trustees. 65 Settlement of a sum of stock belonging to the intended wife, the income to be paid to the wife for her life for her separate use, and after her death to the husband. Trusts for issue, and usual clauses. Provisions for settling other present and future property of the wife. Power to invest in purchase of land. 66 Settlement of a sum of stock in the usual form, except 59 60 61 C2 63 64 9 Byth. 282. 359. „ 347. 2 Jones, 243. Sweet. 264. Dav. Con. 303. „ 311. „ 323. 340. 355. 2 Prid. 186. 191. Digitized by Microsoft® 378 SETTLEMENTS. 67 68 69 70 71 72 73 74 75 7C Stock and Funds, &c. — continued. that the eldest son entitled as tenant in tail to real estate under a settlement of even date is excluded. Settlement by intended husband and wife for the benefit of their respective issue, as well by the intended marriage as by any future marriage, with appropriate clauses. Marriage settlement, by which £4000, three per cent, consolidated annuities, are settled upon trust for the husband for life, remainder to the wife for life, in case she should survive him, with remainder to children of the marriage, as husband and wife or the survivor shall appoint ; and in default thereof, upon trust for sons at twenty-one, and daughters at twenty- one or marriage, with provisoes for maintenance and advance- ment ; also with absolute power of appointment to husband in case of there being no children. Variation, where money secured upon mortgage forms part of the subject matter of the settlement. Marriage settlement by which £500, the property of the wife, and advanced to the husband, is secured by a policy of assurance upon his life ; £3000 stock is also settled for the benefit of husband and wife and the issue of the marriage ; the proceeds of the policy of assurance are settled upon the same trusts. Settlement of stock, with power for trustees to advance any sum not exceeding £2000 to the intended husband, upon his effecting a policy of assurance to the amount of the sums advanced, and assigning the same to the trustees of the settlement. Agreement to settle £4000 stock, the property of the intended wife, upon trust to pay the dividends to in- tended husband for life, then to the intended wife in case she shall survive him ; with power of appointment amongst children ; and in default thereof amongst children equally ; sons' shares to become vested at twenty-one, and daughters' shares at twenty-one or marriage ; and in case there are no children, the in- tended husband, or intended wife, whichever shall happen to survive, to take the whole trust fund. Settlement (upon marriage) of stock, a policy of assurance, and furniture ; covenant to pay annuity to intended husband until preferment obtained, or provision made, for him. Stock in possession. Wife's property. Stock in possession, and money in hand (wife's property); bond debt (husband's property) ; policy on husband's life effected in trustees' names. Stock on usual trusts ; husband's interests determinable on alienation. Settlement, on marriage, of stock in the funds, and a bond debt, belonging to the intended husband, and a share in a residue under a will, belonging to the in- tended wife. Usual limitations for the benefit of the 2 Prid. 232. 234. 1 Hug. 701. 708. 715. 655. Hous. 221. Prior, 148. „ 151. „ 152. Digitized by Microsoft® SETTLEMENTS. 379 Stock and Funds, &c. — continued. respective settlors, and the objects of the intended or any future marriage, with the ultimate trusts of the respective properties for the beneiit of the respective settlors. 77 Settlement of stock for the exclusive benefit of the in- tended wife. 78 Ditto. 79 Ditto. 80 Settlement on marriage of a sum of stock, the property of the intended wife, with exclusive powers of investment and varying securities. The income during the joint lives of husband and wife to be paid to the wife for her separate use, with a restriction on anticipation ; and after the death of either of them to the survivor for life. After the death of the survivor, the capital and income to be for the issue of the marriage, as the husband and wife or the survivor shall appoint, and in default of appointment, for sons attaining twenty-one, and daughters attaining that age or marrying equally. Hotchpot, advancement, maintenance, and accumulation clauses. In default of children the fund is given to the wife, her appointees, or next of kin, so as to exclude the husband. Trustees' receipt clause. Power to ap- point new trustees. Clauses for indemnity and reim- bursement of trustees. 81 Appointment by a father to his daughter in contempla- tion of her marriage of a sum of stock forming part of the funds comprised in the settlement upon the mar- riage of the appointor and his deceased wife. Varia- tion where an aliquot share of trust funds is ap- pointed. 82 Settlement on marriage, of shares in monies out on mort- gage, of a reversionary interest in stock, and of a sum of stock belonging to the wife. A policy of assurance effected by the husband on his own life, and a sum of money which he covenants his representatives shall pay after his death, are also settled by reference to the pre- vious trusts, with a variation in the ultimate trust. Trusts for the separate use of the wife for life, and after her death for the husband, until he become bankrupt or insolvent, or assign his interest. Usual trusts and powers for the benefit of issue. Special trusts over in default of children entitled. Proviso that if the husband in his lifetime pay to the trustees the sum assured on his life, the policy shall belong to him. Covenants' and provisoes as to the policy of assurance. 83 Settlement, before marriage, by intended husband and wife, of sums of stock, upon usual trusts for themselves, and the children and other issue of the marriage, under which the husband and wife take the first life interest in the stock settled by themselves. Hotchpot, mainte- nance, accumulation and advancement clauses. Powers to sell stock, and invest in other securities ; to vary Sweet, 236. „ 261. 9 Byth. 122. 1 Eouse, 509. 3 Dav. 533. 594. „ 640. Digitized by Microsoft® 380 SETTLEMENTS. Stock and Funds, &o. — continued. investments ; to purchase freeholds, copyholds, and lease- holds ; and to apportion blended ftinds. 84 Settlement of stock on the intended husband and wife and their issue, containing the common provisions for maintenance and advancement, varying funds, appoint- ing new trustees, &c. 85 Marriage settlement of bank, and other stock and money secured by bond on the intended husband, wife, and issue ; power of appointment among the issue, and other ordinary provisions. Covenant by the intended husband and wife to settle the after-acquired property of the wife. 86 Settlement on marriage, of stock in the funds and money to arise from the sale of a freehold estate conveyed by deed of even date (last precedent) upon the usual trusts for the husband, wife, and children, subject, as to part of the trust funds, to a general power of appointment reserved to the wife. Covenant by the husband to leave a house (which had been furnished at the joint expense of the respective parents of the marrying parties) duly furnished for his intended wife in the event of her surviving him. Covenant by the intended hus- band's father to leave the son a share equal to that of his other children. 87 Settlement of money invested in purchase of stock. "Wife to receive during joint lives a fixed sum out of dividends for separate use. Husband to receive residue, and on surviving wife, all the dividends. Wife surviving hus- band to receive dividends for life. After death of both, the trust fund between children, according to appoint- ment of both or survivor, and in default equally. If no children or issue surviving parents, &c., to executors of survivor of husband and wife. 88 Settlement of East India stock. Bank stock, and money secured by bond, vpith covenant to settle after-acquired property of intended wife. Income to husband for life, then to wife. The trust fund afterwards to children, according to appointment of parents or survivor, and in default equally. If no children, a fixed sum and all money to be settled under the covenant, according to will of wife or to her next of kin, and residue to husband's representatives. 89 Settlement of a life interest in dividends of stock, of a life annuity, and of an absolute interest in leasehold pre- mises and 'household furniture, &c., for the exclusive benefit of an intended wife, and a covenant to settle the after-acquired property of the wife. Of Proceeds of Real Estate. 90 Settlement on marriage of monies to aiise from real estate conveyed in trust for sale by deed of even date. Peac. 817. 9 Byth. 120. „ 133. „ 421. 1 Rouse, 511. „ 512. 2 Jones, 211. Dav. Con. 384. Digitized by Microsoft® SETTLEMENTS. 381 91 92 93 94 95 96 97 98 99 Of Proceeds of Real Estate — continued. Settlement on marriage of proceeds of sale of a leasehold house conveyed in trust for sale by a deed of even date, and of bank annuities and bonds, with a proviso enabling the married couple to occupy the house. Settlement on the part of the intended husband of the proceeds of the sale of land conveyed upon trust for sale by an indenture of even date, and settlement on the part of the intended wife, who is an infant, of per- sonal estate in possession and reversion, including a share in the proceeds of land directed to be sold ; power to wife to appoint a part of trust funds on a future marriage ; power to invest in purchase of land, and to elect to take share of land in lieu of the settled share of the proceeds of such land. Settlement upon the second marriage of a lady in exercise of powers contained in the last precedent. Agreement to settle other property of wife in favour of issue of both marriages. Settlement by the intended husband of the proceeds of sale of a share of freeholds and leaseholds conveyed to trustees in trust for sale, subject to a prior life estate by a deed of even date, and by intended wife of a portion charged on real estate. Settlement by intended wife of a share of the proceeds of residuary real and personal estate, under the will of her uncle. Trusts for wife and husband for life, and for issue of wife by any marriage ; with special povrers in relation to the residuary estate under the will. Settlement (on marriage) of monies to arise from sale of real and leasehold estates conveyed to trustees upon trusts for sale by deed of even date, and of monies to arise from conversion of personal estate assigned to trustees by present deed. Declaration of trusts of money to arise from the sale of freeholds conveyed by deed of even date, for the benefit of the intended husband and wife, and the children of the marriage. Articles on the marriage of a female infant for the settle- ment of monies to arise from the sale of a West Indian estate and of monies secured by the husband's covenant. The first life estate is given to the husband subject as to the proceeds of the sale to determination on his bankruptcy, &c. Proviso, that the money may remain on the security of the covenant so long as the husband keeps his life adequately insured. Agreements relating to the sale of the West Indian estate and its manage- ment until a sale, including a power to take the purchase- money by instalments. Conveyance of an estate in India upon trust for sale, with a declaration of trust of the purchase-money by reference to a voluntary settlement of even date. Special powers of leasing and management until sale. Dav. Con. 389. 2 Prid. 223. 229. „ 243. „ 246. Hous. 243. Sweet, 249. 3 Dav. 801. 814. Digitized by Microsoft® 582 SETTLEMENTS. Of Peoceeds of Real Estate — continued. 100 Settlement of money given for the institution of prizes for academical objects. Provisions for the appointment of judges for awarding the prizes, and general regula- tions for the management of the trust. 101 Settlement, before marriage, of monies to arise from the sale of freehold, copyhold, and leasehold estates con- veyed, covenanted to be surrendered, and assigned to trustees by a deed of even date upon trust for sale. 102 Settlement on marriage of money covenanted to be paid, Bank annuities, furniture, and farming stock, issue not being contemplated. 103 Settlement on marriage of a share of money raisable under a term ; and of money covenanted to be paid. Power to purchase promotion. 104 Appointment to a daughter, in contemplation of her marriage, of a sum of money to be raised under the trusts of a term for raising per Dions for younger children, contained in a settlement of real estate, and assignment of same sum to trustees upon trusts declared by a deed of even date. 105 Settlement of personalty, with power to trustees to pur- chase an advowson and trusts of same. 106 Settlement of a sum of money transmitted to trustees in New Zealand for the benefit of the widow and children of the settlor's deceased son. Ample powers of invest- ment. Income to be applied for benefit of widow and children until youngest child attains 21, and then annual sum to be paid to widow during widow- hood, and, subject thereto, trust fund to go to children. Power to settlor to revoke and declare new trusts for benefit of same objects. 107 Deed partially revoking the trusts of the last precedent, and declaring new trusts. Appointment of trustees in England in addition to New Zealand trustees. The New Zealand trustees to manage the trust property in the colony, and transmit the Income to England, and the English trustees to apply the income so received. 108 Marriage articles, by which all the present and future property of intended wife is agreed to be settled so as to give her an absolute power of appointment, and in default thereof, upon trust, for her separate use for life, with remainder to intended husband for life, but determinable in case of his becoming bankrupt or insolvent, with limitations to the issue of the marriage in equal shares : sons at 21, and daughters at 21 or marriage, with provisoes for maintenance, and powers to vary securities, grant leases, sell, exchange, appoint new trustees, &c. 109 Marriage settlement of personal property of various descriptions. 110 Marriage settlement of personalty. Covenants by the 3 Dav. 854. Peac. 774. Dav. Con. 312. 349 2 Prid. 241. ,, 251. „ 260. 1 Hug. 657. H. L. F. 156. Digitized by Microsoft® SETTLEMENTS. 383 Of Proceeds of Eeal Estate — continued. intended husband to pay a sum of money, and by the father ^3f the intended wife for the transfer of stock to the trustees of the settlement, the intended husband's interest in the latter fund being made determinable on bankruptcy or alienation. 111 Settlement of money assigned by deed of even date (part of a sum to be raised for portions), money cove- nanted to be paid upon the death of the intended husband's father, annuities to be paid in the mean- time, and money to arise by the sale of residuary, real, and personal estate (granted and assigned by the same deed). Power to settle part of trust funds on future marriage. Power to lay out trust funds in the purchase of land. Covenant to settle after-acquired property of the intended wife. 112 Settlement, by which £2000, the property of the intended wife's father, is settled upon the trusts of the settle- ment, the intended husband covenanting to settle an annuity of £150 upon intended wife. Variation, where the intended husband covenants to secure to the intended wife, in case of her surviving him, a sum equal to her marriage portion. 113 Marriage settlement by which £2000, which the in- tended wife takes under a power of appointment, payable to her on her mother's decease, is settled to her separate use for life, with an absolute power for her to appoint the principal after her decease, and in default of appointment, upon trust for the issue of the marriage in equal shares. The intended wife's mother also grants an annuity of £100 a year during her life, to be held upon the same trust. Money in hand. Wife's property. Money insured by the husband's covenant in a settle- ment. (A convenient form where it is not wished to transfer a mortgage debt). Settlement of personalty. Ditto. Settlement of a portion secured by the covenant of the lady's father, payable post obit (or within a year after the marriage). Power to the wife to bequeath a life interest to her husband. Settlement on marriage of funds belonging to the intended wife, and of a fund to which she will become entitled upon the death or marriage of an unmarried sister, the first life interest being taken by the husband, subject to the payment of an annuity to the wife- Power to invest in foreign securities. Power to lay out trust monies in the purchase of land. 120 Assignment to trustees in contemplation of marriage, and upon trusts to be declared by a settlement of even date, of a sum of money secured upon mortgage, and of another appointed to the intended wife, and raise- able under a term of years. 114 115 116 117 118 119 Hayes, 580. Hous. 258. 1 Hug. 728. „ 751. Prior, 145. „ 145. „ 299. Green. 398. Sweet, 239. 3 Dav. 579. „ 589. Digitized by Microsoft® 384 SETTLEMENTS. 121 122 123 Of Peocbbds of Ebal Estate — continued. Settlement on marriage of two funds, the property of the intended wife, and of a fund the property of the intended husband, with power to invest in government or real securities only, and special clause as to the consent required. The income of the wife's property is to be paid to her for her life, but during the cover- ture for her separate use with a restriction on antici- pation, and as to one fund after her death is to be paid to the husband for his life, and the income of the husband's property is to be paid to him for his Hfe, and after his death to the wife for her life. Trusts of one fund after the death of the wife for the issue of the marriage as the husband and wife shall jointly appoint, and in default of joint appointment as the wife, if surviving, shall appoint, and in default of appointment for sons attaining twenty-one, and daughters attaining that age or marrying equally. Trusts of the other funds after the death of the survivor of the husband and wife for the issue of the marriage as the husband and wife shall jointly appoint, and in default of joint appointment as the survivor shall appoint, and in default of appointment for sons attaining twenty-one and daughters attaining that age or marrying equally. Special hotchpot clause — special maintenance clause, with proviso directing that after the death of the wife, the infant children of the marriage shall be maintained out of the income of the fund devolving immediately on the issue in exoneration of the husband. Ultimate trusts in default of children as to the property of the wife for her if she survive the husband, and if not, for her testamentary appointees, and in default of appointment for her next of kin, so as to exclude che husband, and as to the property of the husband for him. Power for the wife to appoint part of the income of the funds settled by her not exceeding a specified proportion, varying according to the number of the children of the intended marriage,'jn favour of a future husband, and to appoint the like proportion of the same funds in favour of the issue of a future marriage. Power to lay out trust monies in the purchase of land, with special provisions with reference to the case of an advowson being purchased (the intended husband being a clergyman). Settlement of the intended wife's diamonds. Clause authorising trustee who is a solicitor to charge for professional business. Settlement of personalty (subject to the life interests of the husband and wife), in trust for the children, except the eldest or only son or daughter becoming entitled to settled real estate. Articles before marriage of a daughter of a nobleman. Covenant by intended husband to settle his wife's present and after-acquired personal property; and to 3 Dav. 620. 786. Digitized by Microsoft® SETTLEMENTS. 385 124 125 126 127 128 129 Op Proceeds of Eeal 'Esias^— continued. settle, within twelve months from marriage, £12,000. Trusts of the settled property ; to pay £300 per annum, for wife's separate use as pin-money, restrained from anticipation ; remainder of fund to husband for life ; and, after his death, to wife for life ; and after the death of survivor, to hold entire fund for children as husband and wife or survivor shall appoint ; in default of appointment for sons attaining twenty-one, or daughters attaining twenty-one or marrying, equally ; in default of children, fund settled by husband for him, absolutely, fund settled by wife for her, abso- lutely, if she survive husband ; but if wife die in his life time, then as she shall appoint, and, in default, for specified next of kin of wife. Stock and cash standing in her own name to be held in trust, for her separate use. Settlement to contain a direction for trustees to invest trust funds, with power to vary the investments. The usual maintenance, advancement, and trustee clauses, and a clause enabling wife, on re- marriage, to revoke as to one moiety of trust funds. Power to vary provisions in articles. Marriage settlement of a share of a testator's residuary personal estate, and of money in the funds upon the usual trusts. Settlement of stock, policy of insurance, and share of wife in a residuary estate under a will, covenant to settle future property of wife, and assignment of wife's jewels. Assignment, previously to marriage, of the lady's right of dower (before its assignment), out of her deceased husband's estates ; of a leasehold property, and jewels, trinkets, and household furniture, and other personal chattels, upon trusts for the benefit of the intended wife and her children by her former, and also by her intended marriage ; authority to bring actions, &c. for the dower ; settlement of the beneficial interest of the intended wife in her late husband's personal estate, under his intestacy ; and covenants respecting the making up of her accounts as administratrix. (Variation where the leaseholds are underleased.) Settlement previously to marriage, by way of bargain and sale in fee by a tenant in tail, under stat. 3 & 4 Will. IV. c. 74 (to be enrolled in Chancery), to trus- tees for sale, who are to stand possessed of the money upon the trusts declared by a deed of even date ( Pre- cedent 86). Settlement of a legacy or portion, to which the intended wife was entitled under her father's will. Settlement of intended wife's present fortune, (consisting among other things,) of a sum of money, payable upon the decease of her mother, and of an undivided share of moneys to arise by sale of freehold hereditaments, bequeathed to her by her late brother, deceased ; and Peac. 811. Wm. P. 518. 2 Crabb, 1419. 9 Byth. 187. „ 367. ■2 .Jones, 236. Digitized by Microsoft® 386 SETTLEMENTS. 130 131 132 133 134 135 136 137 138 Of Proceeds op Eeal Estate — continmd. of a sum of money, the property of the intended husband, by him paid into the trustees' hands for the benefit of wife and husband, with powers of appoint- ment to the children of the marriage and issue more remote (born in the lifetime of husband and wife, or one of them,) remainder to the children of the mar- riage, with a power to the trustees to lend a definite sum to the husband, with the ordinary provisions and a covenant for settling the future property of the wife. Stock in Trade, &e. Assignment of the stock in trade, credits, and household furniture of a female trader about to marry ; with provisions for enabling her to carry on her trade for her separate benefit, and, after her death (subject to her absolute appointment,) for her children by a former husband, and the children of the intended marriage. Letter of attorney and covenants by the husband, and indemnity to him. Settlement upon marriage of stock in trade, goodwill, and other property of the intended wife for her sepa- rate use, with provisions enabling the trade to be carried on for her separate benefit. Settlement, on marriage, of stock in trade, credits, and furniture belonging to the intended wife, for the benefit of herself and her children already born, and to be born, with provision for. carrying on the trade. Mortgage Secitpities. Assignment in contemplation of marriage of a mort- gage debt. Settlement by which £1000, secured by the bond of intended wife's father is settled upon trust for intended husband and wife, and the issue of the intended marriage. Transfer of mortgage debt and securities to trustees in contemplation of a marriage, and to the intent that the mortgage debt may be settled, and the trusts thereof be declared by a settlement of even date. Ditto. Settlement of a mortgage debt belonging to the intended husband, and a sum of stock belonging to intended wife. Usual trusts and powers, the husband and wife to take respectively the first life interest in properties settled by them. Power to invest in purchase of land. Settlement by intended wife of a sum secured by mort- gage of an appointed reversionary sum, and of per- sonal estate under a will, upon trusts for investment and varying securities ; to pay part of income to wife 2 Jones, 221. 9 Byth. 171. 3 Day. 792. Sweet, 262. Dav. Con. 319. 1 Hug. 749. C. 232. 2 Prid. 204. „ 206. Digitized by Microsoft® SETTLEMENTS' 387 139 140 141 142 143 144 145 146 147 148 Mortgage Securities — continued. for her separate use for life; remainder to husband for life ; remainder of income to husband until aliena- tion, bankruptcy, &c., and then to wife for life ; subject to before-mentioned trusts, trust moneys to go amongst children as husband and wife, or survivor may appoint, and subject thereto amongst sons at 21, and daughters a!. 21, or marriage, in equal shares ; hotchpot clause ; powers of advancement, mainte- nance, and accumulation ; trusts, in default of chil- dren ; covenant by father of intended husband, that his representatives should pay a certain sum to trus- tees, to be held upon same trusts as property settled by wife, except in certain particulars ; power to invest trust moneys in the purchase of land ; power to lease purchased lauds ; receipts of trustees ; power of changing trustees ; indemnity clauses. Assignment by indorsement (by a lady on her marriage) of a mortgage and the securities for the same, on trusts declared by deed of even date. Transfer (in contemplation of marriage) of a mortgage debt and securities to trustees, the money to be held upon trusts to be declared by settlement of even date. Ditto (concise form). Settlement (on marriage) of money secured by mort- gage and assigned to trustees by deed of even date. Mortgage debt secured on freeholds or leaseholds, wife's property, assigned by a deed separate from the settle- ment. Settlement on marriage of money due on promissory note, mortgage debts, and other property belonging to the intended wife. Power to the trustees to raise money for the payment of the costs of the settlement. Agreement to settle other existing or after-acquired property of the wife. Power for the wife if she shall survive the husband, and there shall not be more than a specified number of children, to dispose as she shall think fit of a portion of the trust funds, not exceeding a given amount. Transfer of mortgage, to which the wife is absolutely entitled upon trusts which are declared by a separate deed. Settlement of moneys to arise from sale of real estate conveyed by separate deed to trustees for sale, and of mortgage debt transferred to trustees by separate deed. Transfer of mortgage previously to marriage, upon trusts, which are declared by a separate deed (next Precedent). Settlement of mortgage debt (transferred by the last Pre- cedent) ; of a portion under a will ; and a policy of life insurance, for the benefit of the husband, wife, and children of the intended marriage, with ordinary and C. 235. Hayes, 573. Hous. 252. G-reen. 332. Hous. 255. Prior, 149. 3 Dav. 567. 2 Crabb, 1405. „ 14)9. 9 Byth. 145. 2 Digitized by Microsoft® 388 SETTLEMENTS. 150 151 Mortgage Securities — continued. some rather special provisions, including power to the wife to make a settlement on the husband and issue of any future marriage ; also, to the trustees, to invest trust moneys in the purchase of lands, to lend a definite sum to the husband ; and for keeping on foot the policy of insurance. Also, covenant by the husband to make a jointure settlement in satisfaction of dower. 149 Settlement of a mortgage security and reversionary in- terest in personal estate belonging to intended wife, and of policy of assurance effected by the intended husband. Income to separate use of intended wife for life, and afterwards to husband for life. The trust fund between children, according to appointment by parents or survivor, and in default equally. If no children, the money received under wife's estate to go according to her will, and in default to next of kin. The money realized under policy for representa- tives of husband. a. Transfer of the mortgage security to trustees. 5. Settlement referred to in it. Assignment, by intended husband, of one of several mortgage securities to trustees of a marriage settle- ment of even date (next Precedent). Settlement, by intended husband, of mortgage securities assigned to trustees by deeds of even date. Trustees to hold the moneys upon trust to invest, with the usual power for varying securities. The income, during husband's Ufe, to be paid to him ; after his death as wife shall appoint, in default of appointment to her, for her separate use ; the principal, after the death of survivor of husband and wife, as they shall jointly appoint; in default of appointment, if husband survive, for him, absolutely, but in case he shall die in lifetime of wife, as she, by will executed after husband's death, shall appoint ; and, in default of ap- pointment, for her next of kin, exclusive of any future husband. 152 Settlement, by intended husband, of a sum of money secured on mortgage, and of a sum of stock, upon trust for husband and wife and the children and other issue of the man'iage, and, in default, for husband. Covenant, by father of intended wife, for payment, after the death of the survivor of himself and his wife, of a sum of money to the trustees of the settle- ment, with declaration of trust in favour of intended wife and husband for their lives, and the issue of wife by this or any other marriage ; and, in default, for wife. Special covenants, by wife's father, for payment of interest. Proviso for cesser of covenants in case of death of husband and wife in lifetime of wife's father and mother or the survivor, and on failure of issue of wife. 9 Byth. 150. 1 Eouse, 514. Peac. 837. 841. 845. Digitized by Microsoft® SETTLEMENTS. 389 Bond and other Debts. 153 Settlement of a sum secured by bond, and of a sum of stock upon trust for inTestment, and for varying the securities, the income to be paid to the husband and wife_ successively for hfe, and after the death of the survivor, the trust moneys and income to be for the children, as the husband and wife or the survivor shall appoint, and in default of appointment, for sons attaining 21 years, and daughters attaining that age or marrying, equally. Hotchpot clause ; advance- ment clause ; maintenance clause ; accumulation clause ; trusts in default of children ; trustees' receipt clause ; power of changing trustees ; provision for in- demnity of trustees, and clause authorising them to reimburse themselves their expenses. 154 Settlement, by which a bond debt, a debt due on a promissory note, and also simple contract debts, are assigned to trustees upon the trusts of the settlement. 155 Bond debt and reversionary interest in stock. "Wife's property. (Variation where the property has been ap- pointed to the wife.) 156 Bond by the intended wife's father, to trustees, to secure part of his daughter's portion, payable on his decease, and interest half-yearly, in the meantime, upon trusts to be declared by a settlement of even date (next Pre- cedent). (Variation where the principal sum is pay- able in twelve months after the marriage.) 157 Settlement previously to marriage of a portion secured by the lady's father partly by his bond (last Prece- dent), and partly by indorsing a bill of exchange. The trusts are for the benefit of the lady and her children by her intended and any future husband. Power to the wife to bequeath a life interest to the husband. (Variation where a covenant in the settle- ment is substituted for the separate bond.) (A short and convenient form.) Policies of Assurance . 158 Settlement of a policy of assurance on the husband's life. 159 Settlement of a policy of assurance effected on the life of the intended husband. Provision enabling him to pay to the trustees a sum equal to the policy, in which case the pohcy is to be held in trust for him abso- lutely. Covenants by the husband for keeping up the insurance. 160 Money secured by a policy on the husband's life effected in the trustees' names. 161 Money secured by a policy on the husband's life assigned to trustees. 162 Settlement of a policy of life insurance, on marriage, for C. 218. 1 Hug. 719. Prior, 148. 9 Byth. 178. 180. Dav. Con. 336. 2 Prid. 196. Prior, 146. „ 147. Digitized by Microsoft® 390 SETTLEMENTS. Policies of Assueanob- the benefit of the intended wife and the issue of the marriage. 163 Settlement, before marriage, by intended husband, of a policy of assurance on his own life effected in the names of the trustees, upon trust, after "husband's death, for wife's separate use for life, without power of anticipation ; after death of wife, for children or other issue of the marriage, as husband and wife jointly ap- point; in default, as survivor shall appoint; in default, for children, equally ; in default, for husband, abso- lutely. Covenant by husband to keep the policy on foot. Power for trustees, with the consent of husband and wife, to sell or surrender the policy. Declaration that if the husband invest the sum assured in stock in the names of the trustees, he shall be released from his covenant to keep up the policy. Trusts of such investment. Powers for trustees to sell such stock, invest the produce in other securities, and to settle, arrange, and compromise. Clause for protection of trustees in case the policy be not kept on foot. Reversionary Interests. 164 Settlement on marriage of a reversionary interest in personalty and a policy of assurance. 165 Settlement of reversionary personal estate appointed to the intended wife by Precedent 212, and of policies of assurance on the life of the intended husband. The father of intended wife covenants to pay an annual sum until property falls into possession. 166 Settlement by intended wife of personal estate in posses- sion and reversion. Trusts to pay the income to the wife and husband successively for life, the interest of the husband to be determinable on his bankruptcy, &c. Usual trusts and provisions. Power to wife to ap- point a part of the trust funds to future husband and issue of future marriage. Power to lend part of the trust money to the husband on his bond, and a policy of assurance on his life. 167 Settlement by a married woman of a reversionary sum of stock, being her separate property, in trust for such persons as she shall by deed or will appoint, and in default of appointment, in trust to pay the income to her for her life, and after her death to her husband for life ; and after the death of survivor, in trust for her issue by her present or any future marriage ; and in default of issue, for her next of kin, according to the statute of distributions. Usual powers and provisions. 168 Settlement on marriage of the intended wife's rever- sionary interest in a sum of stock, for the benefit of the husband and wife, and the children of the wife, and a child of the husband by a former wife. Usual clauses in a money settlement. Sweet, 241. Peac. 854. Dav. Con. 330. 2 Prid. 200. 211 „ 254. Sweet, 282. Digitized by Microsoft® SETTLEMENTS. 391 169 170 171 172 Eeveesionary Interests — continued. Conveyance in strict settlement, on marriage, of a con- tingent executory share in freeholds and copy- holds. Settlement on marriage of property in possession and expectancy, partly belonging to the intended husband and partly to the intended wife, the income during the joint lives of husband and wife, being made pay- able to the husband as to the property belonging to him, and to the wife for her separate use, with a restriction on anticipation as to the property belong- ing to her. Ultimate trust in default of children, for the husband as to the property belonging to him, and as to the property belonging to the wife, for her if she survive the husband, and if not, for her testamentary appointees, and in default of appointment for her next of kin, so as to exclude the husband. Power to advance part of the trust funds to the husband (who is an officer in the army) to enable him to purchase his pro- motion, and provision for bringing into settlement money arising from the sale of his commission. Covenant by the mother of the husband for payment of an annuity during her life. Powers for trustees to apportion blended funds, and to arrange and compro- mise. Special indemnity clause. Settlement on marriage of furniture and j)late to be pur- chased with a sum of money to which the wife will be entitled on the marriage, of reversionary interests belonging to the wife, and of an existing policy of assurance on the husband's life. The furniture and plate are settled for the separate use of the wife abso- lutely. The reversionary interests are settled in trust for the husband until he become banla-upt or insolvent, or assign his interest, and after the determination of the husband's interest for the wife for life, and during the coverture for her separate use, with a restriction on anticipation, with usual trusts and powers for the benefit of issue and ultimate trust for the wife, her testamentary appointees or next of kin. Power to lend the trust moneys to the husband. The policy is assigned to the trustees and settled by reference to the previous trusts with a variation in the ultimate trust. Covenants for title to the policy. Power for the trustees to sell the policy. Short form of power for trustees to apportion blended funds and settle accounts. Settlement on marriage of shares belonging to the father of the intended wife, and of reversionary interests belonging to her, the first life interest being given to the wife, and after her death a life interest determin- able upon bankruptcy or alienation being given to the husband. Power for the trustees to apply the income for the benefit of the husband after the determina- tion of his life interest. Usual trusts for issue Sweet, 254. 3 Dav. 003. 659. Digitized by Microsoft® 392 SETTLEMENTS. Reveesionart Intbeests — continued. and ultimate trust in default of children for the wife, her appointees or next of kin, so as to exclude the husband. Agreement to settle other existing or after- acquired property of the wife, framed so as to admit of the enjoyment in specie of projjerty not in an authorised state of investment. Covenant by the husband for payment of a sum of money and settle- ment thereof by reference to the previous trusts, with variations as to the husband's life interest, and the ultimate trust. Proviso that the trustees shall not call in during the husband's life the money secured by his covenant, unless directed so to do by the wife, or unless after her death all the trustees concur. 173 Settlement on marriage of sums secured by bonds of a foreign government, the property of the intended wife, of her reversionary interest under the marriage settle- ment of her parents and other instruments, of a sum secured by the covenant of the wife's father, and of moneys to be produced by the sale of real estate con- veyed by the husband to the trustees by deed of even date in trust for sale. Trusts for the benefit of the husband, wife, and children. Ultimate trusts in default of children, of the wife's funds and the sum secured by her father's covenant for her if she survive the husband, and if not as to the wife's funds for her testamentary appointees, and as to those funds in default of appointment, and as to the sum secured by her father's covenant for her next of kin, so as to exclude the husband. Ultimate trust of the proceeds of sale of the real estate for the husband. Trusts of the rents and profits of the real estate until sale. Settlement on marriage by a female infant of reversionary personal funds with the sanction of the Court of Chancery. Eelease by the settlor's mother of a testa- mentary power over part of the funds. Covenant on marriage to surrender an undivided moiety in reversion expectant on a life estate of copyholds, and also copyholds in possession, to the use of trustees for sale. Trusts of the purchase money (subject to a provision for the life estate) declared by reference to the marriage settlement of even date. Covenants for title. 176 Settlement of reversionary freehold and copyhold pro- perty. Limitations to the husband and wife succes- sively for life, with remainder to the children as the husband and wife, or the survivor shall appoint, and in default of appointment to the children as tenants in common in tail, with cross remainders between them in tail. 177 Settlement, before marriage, by intended wife, of a rever- sionary interest in a sum of money raiseable under a term, and of a share of stock. Assignment to trustees, upon trust to obtain payment or transfer of the money 174: 175 3 Dav. 675. „ 705. „ 754. „ 775. „ 1114. Digitized by Microsoft® SETTLEMENTS. 393 Reteesionart Interests — continued. and stock, when reducible into possession, with power to invest the money and vary the securities. Trustees to pay income to husband and wife, successively, for life, and, after the death of the survivor, to hold trust funds for children (other than the eldest son) as hus- band and wife or survivor shall appoint ; and, in default of appointment, for sons (other than the eldest son), who shall attain 21, or daughters who shall attain 21 or be married, equally ; in default of such children, for the eldest son at 21 ; on the failure of children, if wife survive husband, for wife absolutely ; but if she die in his lifetime, as wife shall by will appoint ; and in default for husband absolutely. 178 Assignment on marriage of a reversionary share of a stock legacy ; also of a share in residuary personal estate. Assignment by the intended husband of a policy of assurance, with the usual accompanying letter of attorney. Post obit covenant by the uncle of the intended wife. Trusts for the children, or more remote issue of the marriage, as the parents or the survivor shall appoint ; and, in default of ap- pointment, in trust for children equally. Provisions for maintenance and advancement. Powers to trustees to vary securities and invest trust funds in the pur- chase of real estate. Extensive discretionary powers to trustees to manage purchases and sales ; also to compound for and forego the enforcement of claims. Covenants for title, &c., by husband and wife respec- tively. Covenant hy the intended husband and wife to settle property devolving to the wife during cover- ture. Concise power to appoint new trustees. One of the trustees, who is a solicitor, empowered to make professional charges. (Variation, extending such power to trustees for the time being.) 179 Settlement of a reversionary interest in a sum of money to which the lady is entitled under her father's mar- riage settlement ; and of a sum of stock, the property of the gentleman, containing a covenant for the settle- ment of any future personal property of the lady's, and a, covenant by her father for the payment during his life to the trustees of an annual sum of money. 180 Articles for the settlement of the real estate in expect- ancy of the intended husband, and for the settlement of the present unascertained and future personal estate of the intended wife, for the benefit of the intended husband, wife and children. Under Powers. 181 Settlement on the second marriage of a lady, under powers contained in Precedent 166, there being four infant children of the first marriage. Income for separate use of wife during coverture. Appointment of one third Peac. 733. 9 Byth. 318. Ship. 657. 2 Jones. 175. Digitized by Microsoft® 394 SETTLEMENTS. Under Vower.^— continued. of settled funds to husband and issue of intended marriage. Appointment upon same trusts of further portions in case of partial failure of issue of former marriage to attain vested interests, and declaration of trusts of entirety of trust funds in case of total failure of issue of former marriage to attain vested interests. 182 Settlement upon marriage in exercise of a power of jointuring and charging with portions for younger children. 183 Settlement, by which intended wife (a widow) settles the income of trust moneys to which she is entitled under a former marriage settlement, and appoints the prin- cipal between her three children by a former husband. The sum of £3500, to which she is entitled under her deceased father's will, is settled for her separate use for life, with an absolute power of appointment, and in default thereof, upon trust to pay interest to hus- band for life in case of his surviving her, and after the decease of survivor, one moiety to be upon the same trusts as thereinbefore declared in favour of the issue of the intended marriage, and the other moiety in favour of the issue of the former marriage. Appointment by a father in contemplation of the mar- riage of his daughter, of part of a sum of money raise- able under the trusts of a term of years. Appointment by a father to Ms daughter in contempla- tion of her marriage, of a sum of stock forming-part of the funds comprised in the settlement upon the marriage of the appointor and his deceased wife, and assignment by the appointor by way of extinguishment of his life interest. Settlement on marriage of a share of a sum raiseable under the trusts of a term, and of another sum secured by a bond, and of a sum for the payment of which the father of the intended husband covenants. Trusts for investment, and for the benefit of the husband, wife, and issue of the intended marriage. Ultimate trusts in default of children, as to the former two sums, for the wife, her testamentary appointees or next of kin, and, as to the latter sum, for the husband. General powers for the husband and wife, if there be but one child, to appoint certain parts of their respective fortunes. Dower clause. Legitim clause. 187 Settlement on marriage for the separate use of the wife of her jointure rent-charges under a settlement on a former marriage, and of a house, furniture, jewels, and other chattels to which she is entitled, partly for life and partly absolutely, under the will of her former husband. Agreement for the settlement of the wife's other and after-acquired property for her sepa- rate use. 188 Settlement upon marriage made in exercise of powers of 184 185 18G 2 Prid. 217. 291. 1 Hug. 739. 3 Dav. 587. 59G. 687. 1142. Digitized by Microsoft® SETTLEMENTS. 395 Undee Powers — continued. jointuring, and charging portions given to a tenant for life. Demise of the life estate to secure an annuity as pin money for the wife. 189 Settlement, before marriage, by intended husband, in pursuance of powers of jointuring, and of charging portions for younger children, given to him as tenant for life of settled estates. 190 Appointment by a father in contemplation of the mar- riage of his daughter, a minor, of a fourth of two sums of stock over which, under his marriage settlement, he has a power of appointment. Trusts of stock, subject to his life interest, for his daughter for life, with power to appoint a life interest to her intended husband ; remainder for the children of the marriage ; in default of children, power to the daughter, if she attain twenty-one, to appoint by will, and, in default of appointment, for her, absolutely ; in default of appoint- ment, in case of her death under age and on the failm-e of cliildren of the marriage, fund to be held for the other children of wife's father, in accordance with the trusts of the original settlement. Provision for main- tenance and advancement of his daughter's children. Power of revocation and new appointment. 191 Settlement before marriage under a power of appoint- ment. 192 Form of an appointment, by reference to the uses of a subsisting settlement, with the addition of new uses, and a provision for making the new uses subject to the powers created by reference. 193 Settlement by a widow on her second marriage, of a life interest in certain trust funds, settled to her separate use, on her former marriage, the object of the present settlement being to restrain alienation during the in- tended coverture. Mixed Property. 194 Conveyance (in contemplation of marriage) of freeholds, copyholds, and leaseholds upon trusts for sale, the moneys arising from sale to be held upon trusts de- clared by deed of even date. 195 Settlement on marriage, of freehold, copyhold, and lease- hold estates, and personalty, with power of sale ; where part of the settled property belongs to the intended husband, and part to the intended wife. Provisions for any future marriage of either party. 196 Conveyance and assignment in contemplation of marriage by a female infant, of a share in a testator's freehold and leasehold estates, with the sanction of the Court of Chancery, upon trust for sale. Special powers of leasing and concurring in leases. Power to sell or lease the share alone, or to concur in sales or leases of the entirety. Power of partition. 3 Dav. 1124. Peac. 742. „ 829. 2 San. 248. „ 282. 9 Byth. 362. Hous. 233. Sweet, 243. 3 Dav. 727. Digitized by Microsoft® 396 SETTLEMENTS. Mixed Peopertt — continued. 197 Settlement on marriage by a female infant, of a share in a testator's personal estate, and of the proceeds of a share (conveyed and assigned in trust for sale by deed of even date) in his freeholds and leaseholds, with, the sanction of the Court of Chancery. Power to settle on the issue of a future marriage, a por- tion of the trust funds, such that the proportion thereof to the remainder shall not exceed the pro- portion of the number of children of the future marriage to the number of children of the intended marriage. 198 Conveyance in contemplation of marriage of a moiety of a leasehold estate for lives, and of policies of assurance on the lives, upon trust for sale. Provisions for renewal of the lease, and insuring the new lives in case it become necessary before the sale. Usual clauses and covenants. 199 Settlement of i-eal estate in favour of the settlor, his wife, and children. The estates are limited to trustees for a term of years, determinable with the joint lives of the husband and wife, upon trusts for the manage- ment of the estates and mines, and for the separate use_ of the wife. Assignment of leases for years upon trusts for renewal, and upon trusts to correspond with the limitations of the freeholds. Assignment of machi- nery and mining-stock upon trusts for working the same, and upon trusts to correspond with the limita- tions of the freeholds. Covenant to transfer shares and stocks upon trusts for exonerating the real estate from portions charged thereon. Declaration of trusts of the shares and stocks until transfer. Power of revocation and new appointment. 200 Strict settlement by father and son in favour of the sons and daughters of the former, and their issue. Name and arms clause. Power for the female tenants for life to appoint rent-charges to their husbands. Powers of partition, and of sale and exchange. Trusts of a term for raising money to be applied in aid of moneys arising under the trusts of an indenture of even date in the discharge of annual sums and incumbrances. Trusts and powers for the management of the estates. Trusts for the application of the rents until the pur- poses of the term are satisfied, in keeping down annuities and interest of incumbrances, and in raising certain annual sums, and the residue to be applied in the same manner as the principal sums to raise as above mentioned. Proviso, that the annual sums are to be inalienable personal provisions for the annuitants. Power to deposit moneys in banks, or to invest, to compound with incumbrancers, and submit to arbitra- tion. Direction for the conveyance to the uses of this settlement of the surplus of the estates, subject to the trusts of the indenture of even date. Assignment of 3 Dav. 747. 767. 1000. Digitized by Microsoft® SETTLEMENTS. 397 Mixed Property — continued. and power of attorney to collect rents already due ; proviso, that creditors shall gain no fresh lien. Set- tlement of chattels as heir-looms. 201 Settlement upon marriage of a female infant, a ward of the Court of Chancery, of real estate, stock, and money, of which she is tenant in tail, and of other real estate, stock, and money to which she is absolutely entitled. Covenant by the husband and wife that the income of the estates and money to which the wife is entitled in tail shall, during her minority, be applied by the receiver in the cause in which she is a ward in defraying the expenses of works and improvements on the estates, and subject thereto shall go towards making up a specified income during the wife's minority. Assignment of the bank annuities and money to which the wife is absolutely entitled, and of her interest in the estates purchased with money belonging to her, to the trustees in trust for her until the marriage, and afterwards upon trust to raise the costs of the settlement, and subject thereto to raise out of the income, or if necessary out of the capital of the personalty assigned, a sum which with the surplus rents of the entailed estates, and the rents of the real estate to which the wife is absolutely entitled, will make up the specified income during the wife's minority, and to pay the sum raised between the husband and wife in specified proportions, or should the husband die, wholly to the wife, and subject to the preceding trusts the personalty, if the wife attain twenty-one, is to be held upon the trusts after declared concerning moneys to arise from sales of the estates in which the wife takes the first life interest, and if the wife die under twenty-one is to vest in the husband, and the real estate to which the wife is absolutely entitled, if the wife attain twenty-one, is to be conveyed to the uses afterwards declared of the estates in which the wife takes the first life interest, and if the wife die under twenty-one is to be in trust for the husband. Disentailing assurance of entailed estates to the subsisting uses until the marriage, and afterwards as to part of the estates to the husband for life, discharged as between the different settled estates from a subsisting jointure and mortgage debt, re- mainder to the wife for life ; and as to the other entailed estates to the use that the husband may receive a rent-charge during the joint lives of himself and the wife, with usual powers and remedies, re- mainder to a trustee for a term upon trust for securing the rent-charge, remainder to the trustees for general purposes during the joint lives of the husband and wife, in trust for the separate use of the wife with a restriction on anticipation, but with the same powers in other respects as a feme sole, and after the decease 3 Dav. 1017. Digitized by Microsoft® 398 SETTLEMENTS. Mixed Peopbety — continued. of the husband and wife to the survivor for life. Limitation of all the estates, after the death of the husband and wife, to trustees for a term upon trusts for raising portions, remainder to the first and other sons of the marriage successively in tail male, like remainder to the sons in tail, remainder to the daughters of the marriage as tenants in common in tail male with cross remainders in tail male, like remainder to the daughters in tail. In default of issue of the marriage, general power of appointment to the wife if she survive the husband. Declaration as to the receipt and application of rents during minorities, framed so as to apply in the event of the devolution of the estates in undivided shares. Power for the wife to charge a gross sum by will. Power for the wife to charge gross and annual sums in favour of future husband and portions for children of a future marriage, to an amount varying according to the sum raiseable for the portions of the younger children of the intended marriage. Special power to grant build- ing and improving leases. Powers to grant licences for constructing accommodation works, and to grant water rights. Power to confirm voidable leases, or grant valid leases in lieu thereof, and to accept sur- renders and lease the surrendered premises. Power as to certain portions of the estates to grant beneficial leases at fines to persons by whom improvements have been made. Power to provide in leases for prospective apportionment of rents and covenants, and for the purpose of apportionment to accept surrenders of entire leases and grant separate leases. Power to gTant sites for churches and schools. Power to graut mining leases. Power of enfranchisement, partition, sale and exchange, with special clauses adapted to the case of different parts of the settled property being settled to different uses. Power to grant way leaves. Power for the trustees to accept leases of way leaves and water leaves over adjacent lands. Power to sell for a gross sum or under a perpetual rent land for a public park, or other purposes of health or recreation. Power to raise specified sums for furnishing country mansion, purchasing a town house, and paying off the mortgage on the property in which the husband takes the first life interest. Direction for settlement of town house when purchased. Trusts for application of money to be raised for payment of mortgage debt. Charge of interest on the mortgage debt during the joint lives of the husband and wife on the heredita- ments in which the wife takes the first life interest in exoneration of those in which the husband takes the first life interest. Power for the trustees to effect a transfer of the mortgage. Power for the trustees to raise by exercise of the power of sale, or out of Digitized by Microsoft® SETTLEMENTS. 399 Mixed Propeett — continued. settled moneys, the sums authorised to be raised by mortgage. Covenant by husband to insure country mansion, and furniture, and town house (if purchased) during his life. Disentailing assurance and settlement of entailed money upon the subsisting trusts until the marriage, and afterwards upon the trusts declared con- cerning moneys to arise from sales of the hereditaments in which the wife takes the first life interest. Q-eneral power of investing and transposing the investment of money held upon the trusts of the settlement. 202 Settlement on marriage of freeholds, copyholds, and leaseholds, mortgage debts, and shares in companies, for the separate use of the intended wife, subject to a life annuity to the intended husband to commence at her death. Covenant by the husband that the shares of the wife in two partnership businesses shall be her separate property. Power for the wife to keep a separate banking account. Proviso that all the wife's moneyed property, not specifically disposed of, and her future savings, shall be her separate estate. Assign- ment for her separate use of her leasehold dwelling house with furniture and other effects. 203 Conveyance, before marriage, by intended wife, of free- hold, copyhold, and leasehold estates upon j;rust for sale ; the trusts of the purchase money being declared by a separate deed of even date. 204 Settlement of freeholds, leaseholds, and copyholds, to strict uses (general precedent). 205 Articles for a settlement of the freehold, copyhold, and personal property of the intended wife, an infant. 206 Settlement, before marriage, by intended wife and her father. Assignment to trustees of an annuity and accumulations thereof given to her by will, in trust, as to the accumulations, for her brother by way of abandonment of any claim for the same, and, as to the annuity, upon the trusts after expressed. Grant and assignment to trustees, by wife, of her life interest in real estate under the same will. Trustees to hold annuity and the rents of the real estate, upon trust for wife, during her life, for her separate use. Covenant by wife's father to transfer stock into the trustees' names. Trusts of stock ; income to husband for life, and, after his death, to wife, for life ; and, after the death of the survivor, trustees to hold corpus for the issue of the marriage as husband and wife shall jointly appoint ; in default, as the survivor shall appoint ; in default of any appointment, for children of the wife by intended or any future husband, as to sons at twenty- one, and daughters at twenty-one or marriage ; in default of children for wife absolutely, if she survive husband, but, if she die in his lifetime, for such of her brothers and sisters or their issue as she shall by 3 Dav. 1062. „ H48. Peac. 765. 2 Crabb, 1369. 1 Crabb, 117. Digitized by Microsoft® 400 SETTLEMENTS. Mixed Property — continued. ■will appoint ; and in default of such appointment, in trust for wife's brothers and sisters living at her death, and the children of her brothers and sisters dying in her lifetime who may survive her, equally. Powers to invest and vary securities, and to lay out trust moneys in the purchase of freeholds, copyholds, and leaseholds. Covenant, by intended wife's father, to pay a sum of money to husband equal to half a year's dividends upon the stock settled by wife's father. Covenants by wife and husband for further assurance ; and to settle wife's after-acquired property. 207 Settlement, before marriage, under the direction of the Court of Chancery, the intended wife being an infant and a ward of that court. Covenant by husband to settle his wife's interest in freehold, leasehold, and personal property, under the will of the testator in the cause. Assignment by husband of his share in a sum of stock. Trusts of the wife's fortune ; to raise £1000, trustees paying £600 to husband, and £400 to wife for her separate use ; and holding the residue of her and her intended husband's fortune upon trusts for sale and conversion. Power for trustees to defer period of sale and conversion. Trustees to lay out trust moneys in Government or real eecurities, with power to vary the investments ; and, during joint lives of husband and wife, to pay income to wife for her separate use ; and, after the death of such one of them as shall die first, to the survivor ; after the death of survivor, to hold corpus for children of marriage as husband and wife or sur- vivor shall appoint ; in defalilt of appointment, for only child of marriage ; if two or more children, for them equally ; on the failure of children, if wife sur- vive husband, for her, absolutely ; but if she die in his lifetime, for her next of kin according to the statutes of distribution. Power for the wife to appoint a portion of her property on re-marriage. Declaration that, until sale and conversion, trustees may apply the rents and profits to the persons to whom the annual proceeds to arise by sale and conversion would be pay- able. Power to lease for twenty-one years ; covenant by husband to settle after-acquired property of wife. Power for trustees to arrange and compromise. 208 Settlement on marriage under the direction of the Court of Chancery, the intended wife being an infant and a ward of that court. The intended husband is tenant for life, with power of jointuring, and also of appoint- ing portions to younger children, which powers he exercises, charging not only the lands, but a money fund to be paid out in land. Term created under the power for securing portions. Amount of portions regulated by the number of children. Larger portions to daughters in the event of there being no issue male. Provisions for maintenance and advancement. The Peac. 777. 790. Digitized by Microsoft® SETTLEMENTS. 401 209 210 211 Mixed Property — continued. fortune of the lady consists of an undivided moiety of certain freehold hereditaments, which is to be con- veyed, at her majority, to trustees upon trust for sale, with power to join in partition. The proceeds of the sale are to be invested upon trusts for the intended husband and wife and the children of the marriage ; and, in default of children, for the surviving wife or husband, subject to a general power of appointment given to her. The intended wife is also entitled to certain stock and moneys, standing in the name of the Accountant- General, out of which a sum of money is to be imme- diately raised for the husband, and the residue is to be settled upon trusts, unless the wife's real estate should not be assured to the uses of the settlement, in which case such residue is to be transferred to the husband. Indemnity to purchasers, and other usual clauses. (Variation containing special provision in the event of the wife's dying without conveying her real estate, and such real estate devolving to an object of the trusts.) Conveyance of lease and release by husband and wife in pursuance of a covenant in marriage articles (last pre- cedent), indorsed on the articles. Settlement, before marriage, by intended wife of her share in her father's residuary, real and personal estate; in a business; and in a weekly publication. Trustees to pay income to wife, during her life, for her separate use, restrained from anticipation ; and, after wife's death, if husband survive her, and there be children of the marriage, to pay income to him until outlawry, bankruptcy, or alienation ; after death of wife and determination of husband's interest, trustees to hold the corpus for children of the marriage as hus- band and wife, or survivor, shall appoint ; in default of appointment, for sons attaining 21, or daughters attaining 21 or marrying, equally ; in default of children who shall attain a vested interest, for wife. Hotchpot, advancement, accumulation, and mainten- ance clauses. Declaration that income of wife's share of residuary estate, until sale, shall be applied as actual income of principal moneys. Proviso, that trustees shall not be bound to examine the residuary and busi- ness accounts. Stipulation that wife, notwithstanding coverture, shall be able to confirm business arrange- ments. Agreement to settle wife's other and after- acquired property. Trustee clauses. Settlement of leaseholds. East India Stock, jewels, &c., the property of a widow lady, on her second marriage; partly for the benefit of the children of her first marriage. 9 Byth. 283. „ 315. Peac. 865. 1 Eouse, 523. Digitized by Microsoft® 402 SETTLEMENTS. Miscellaneous. 212 Appointment by father and mother to a daughter of ashare of settled personal estate in contemplation of marriage. 213 Appointment to a married daughter, being the only child of the appointor, for her separate use. 214 Settlement of furniture, &c., by a father on his daughter- in-law and her children, the furniture having been formerly the property of the son, and purchased from him by the father, and being in the son's house. The son covenants to bring into settlement any other fur- niture which may be brought by him into the house, the object being to protect the furniture from the claims of the son's creditors. 215 Marriage settlement of railway shares, of money secured on mortgage, of moneys to arise from the sale of real estate, conveyed to the trustees by a deed of even date, and of a sum of moiiey belonging to the intended hus- band, of an annuity covenanted to be paid by the husband's father during his life, and of policies- of assurance. Usual clauses for investment, &c. 216 Settlement, by which twelve shares of the Great Western Eailway, the property of the intended husband, and a legacy of £1,500, the property of the intended wife, are transferred to trustees upon the trusts of the settle- ment, the intended husband covenanting to secure the intended wife the sum of £1,500 in case of her sur- viving him ; with short power of attorney. 217 Deed of covenant by a father, in contemplation of the marriage of his daughter, to pay trustees an annuity during his life, or until he shall have succeeded to an earldom, or having succeeded to the earldom, whilst any male issue of his shall be living. Trustees to pay annuity to husband during his life ; and after his death, to wife during her life; and, after death of survivor, to apply annuity, so far as it shall be required, towards maintenance and education of the younger children of the marriage during minority. In case covenantor shall have issue male, he further covenants for payment to trustees, within twelve months from his death, of a gross sum. Trustees to invest the same in government or real securities; to pay the income to husband for life, and, after his death, to wife for life, and, after deatli of survivor, to raise out of trust funds for the portions of younger children, if there shall be four or more certain sums, in lieu of por- tions raiseable under the trusts of a term of a thousand years limited by a settlement of even date, being alternative trusts, to take effect in case there shall be no issue male of the covenantor. Declaration, that, subject to the portions, the trust fund shall be trans- ferred to the trustees of the powers of sale and exchange under a settlement of even date, and declai'ation of 2 Prid. 199. „ 253. 2G4. Hayes, 543. 1 Hug. 721. Digitized by Microsoft® SETTLEMENTS.' 403 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 Miscellaneous — continued. trust by these trustees accordingly; power to appoint new trustees. Settlement of fund subscribed for the benefit of distressed widow and children. Trustees to hold railway shares in which the subscriptions have been iuTested, upon trust, when requested by the widow, to sell and inyest the produce in other railway shares, railway stock, government securities, or upon mortgage of freeholds, copyholds, or leaseholds ; with power to vary the investments. Trustees to pay the widow an annuity during her life, and to hold trust fund and income, subject to the payment of such annuity to the widow, for such of her sons by her late husband as shall attain 21, and such daughters as shall attain 21 or marry; and, in default of such children, for her absolutely. Maintenance, accumulation, and advancement clauses. Settlement, by which an annuity of £349, the property of the intended wife, secured upon a reversionary interest in trust moneys, is settled upon such trusts as she shall appoint, and in default of appointment, upon trust for her separate use, with usual powers of attorney, and of changing trustees. Settlement on marriage of an advowson, upon trust to present the intended husband on the first vacancy, and then, or before if he consent, or upon his previous death, to sell, and hold the purchase-money upon ordinary trusts. Covenant by the intended husband in certain events to insure his life. Grant of a Jointure rent-charge, and creation of a term of years. Settlement of a moiety of a married woman's equitable chose in action on herself and her children, the re- maining moiety being paid to her husband. Usual provisions for maintenance, advancement, varying securities, and appointing new trustees (a short form). Surrender out of court of copyholds by tenant in tail in possession, previously to his marriage. Common forms in settlements. Miscellaneous forms in settlements of real estates. Declaration and covenant in a marriage settlement, that the intended wife should hold and enjoy her separate estate unaffected by the debts and engagements of the intended husband, with power of disposition. Covenant in a marria,ge settlement to surrender copy- holds to trustees, upon trusts to correspond with the uses previously limited of freehold estates. Forms of settling heir looms. Clause for taking name and arms of settlor. Ditto. Clauses for shifting the use upon the accession of another estate. Proposals for marriage settlements. (a) Proposals for settlement to be made with the sanc- Peac. 726. „ 897. 1 Hug. 733. 3 Dav. 781. Dav.Con. 360. 9 Byth. 502. „ 473. Hous. 215. Hayes, 629. Byrne, 248. 2 Scriv. 873. Pcac. 959. „ 961. Hayes, 629. Peac. 966. Smith, P. C. 194. D D 2 Digitized by Microsoft® 404 SETTLEMENTS. Miscellaneous — continued. tion of the Court of Chancery on the marriage of a ward of Court. 233 Marriage settlement by deed of release. 234 Deed of revocation of an appointment in favour of children made under powers contained in a settlement and will, and new appointment with power of revocation. Post Nuptial Settlements. 235 Post-nuptial settlement of freeholds belonging to the wife, limiting to the wife and husband successive life estates, and successive powers of appointment, either general or for the benefit of children. (Varia- tion where the limitations are for the exclusive benefit of the wife and children.) 236 Post-nuptial settlement, by which freehold estates that have been devised to the wife are settled to such uses as she shall by deed or will appoint, and subject thereto, upon trust for her separate use for life, with remainder to the husband for life, with ultimate re- mainder to the wife's right heirs. (Variation where the wife takes by descent.) 237 Post-nuptial settlement of wife's undivided share in real estate, vested in trustees for sale by a separate deed. Power of appointment among general issue, eldest son excluded. Special hotchpot clause. 238 Post-nuptial settlement of real and personal estate in favour of the wife and children of the settlor, mainte- nance being secured to himself. 239 Settlement after marriage of personal estate of the wife pursuant to marriage articles, with a general release from husband and wife to the testamentary guardian of the wife. 240 Settlement of wife's fortune after marriage, pursuant to articles made previously to marriage ; appointment by husband and wife of wife's real and personal estate to trustees ; conveyance of wife's freeholds by husband and wife ; covenant by husband for surrender of wife's copyholds ; assignment by husband and wife of wife's leaseholds. Trusts of realty and personalty ; trustees to pay income to wife dm-ing her life for her separate use, restrained from anticipation ; and, after wife's death, to husband during his life until bankruptcy or alienation ; after death of survivor of husband and wife, or death of wife and determination of husband's interest, trustees to hold the corpus for children, grandchildren, or other issue of marriage as husband and wife or survivor shall appoint ; in default of ap- pointment, for sons attaining 21, or daughters attain- ing 21, or being married, equally; in default of children, who shall attain a vested interest, for wife, absolutely, if husband die in her lifetime, but in case wife die in husband's lifetime, then as wife shall ap- 3 Dav. 762. 2 San. 168. 3 Dav. 5t Sweet, 260. 1 Hug. 763. Prior, 164. 3 Dav. 1159. 2 Jones, 187. Digitized by Microsoft® SETTLEMENTS, 405 241 242 243 244 245 246 247 Post Nuptial Settlements — continued. point, and, in default of appointment, for husband, absolutely. Powers to lease, sell, and exchange, and to iuTest and vary securities. Post-nuptial settlement of life-policy, and furniture, for benefit of wife and children. Post-nuptial settlement made in exercise of power of charging portions given to a tenant for life. Settlement by feoffment after marriage to uses in favour of the feoffor, his wife and children. Voluntary Settlements. Voluntary settlement of real and personal estate. Voluntary settlement, by which freehold and leasehold estates, and a policy of assurance on one of the lives upon which a portion of the leasehold property is determinable, is conveyed to trustees, in trust to per- mit settlor to receive the rents and profits for life, and then upon trust for the separate use of bis wife for life, iu case of her surviving him, with the ultimate limitation to their only son, absolutely. The proceeds of the policy of assurance are directed to be invested, and the securities to be held, upon the same trusts as the leasehold property. The moneys arising from a policy of assurance for £1000 on the settlor's life, are directed to be invested, and the dividends and interest arising therefrom, and also from £5750, 3 per cent, consols, to be paid to wife for life upon trust for her separate use, with ultimate trust for settlor's three daughters, as tenants in common. Voluntary settlement, by which settlor conveys freehold and leasehold estates, and also household furniture, upon trust for settlor for life, and then to sell and invest the proceeds, with power to vary securities, and to stand possessed of trust moneys, upon trust, as to one moiety, for wife for life, for her separate use, with power of appointment, after her decease amongst her children by the settlor ; and in default of appoint- ment, amongst all the children equally, sons at 21, and daughters at 21, or marriage. If no child acquires a vested interest, then upon similar trusts in favour of a son of settlor by a former marriage ; with a proviso for determining his estate in case of his bankruptcy or insolvency. Voluntary settlement, by which real and personal estate is conveyed to trustees to such uses as settlor shall by deed or will appoint, and in default thereof, upon trust for settlor for life, excepting a leasehold messuage and furni- ture, which is to be held in trust for D. S., the present occupant, during the settlor's lifetime, and after his decease upon trusts for sale, and to apply the proceeds, first, in discharge of settlor's debts and funeral ex- penses, and certain specified sums of money, and then Peac. 755. Wilk. 269. 3 Dav. 1136. 2 Hay. Intr. 50. Dav. Con. 397. 1 Hug. 767. 783. Digitized by Microsoft® 406 SETTLEMENTS. 248 249 250 251 252 Voluntary Settlements — continued. to inyest a sufficient sum of the trust moneys as will produce the annual sum of £150, which is to be paid to D. S. by monthly instalments for her life, for her separate use, and the principal, together with the surplus of the trust moneys, is settled upon trust for seven natural children of the settlor by D. S. in equal shares, as tenants in common, shares of sons to be transferred at 21, and daughters at 21, or marriage ; with provisions for survivorship and accruer, with ultimate trust for the settlor's next of kin. Voluntary settlement of leasehold property determinable on 3 lives with right of renewal, upon trust for settlor for life, with remainder as to one moiety upon trust for wife of settlor for life, and after her decease to be divided equally between the settlor's 3 children ; with provisions for survivorship and accruer, and also for maintenance and education during the minority ; the other moiety to be upon similar trusts in favour of the children ; with power to renew leases, &c. Varia- tion where the share of a daughter is limited to her separate use. Voluntary settlement of leaseholds for a long term of years in favour of settlor for life ; after his death, for his illegitimate son ; and, in case of death of such son under 21, without issue, then for the mother of such son. Provision for maintenance and advancement of son. Power to trustees to demise for any term not exceeding 21 years. Voluntary and revocable settlement of leaseholds and bond debt on the settlor and his children ; certain leaseholds are settled on the daughters, in equal shares, and their issue, per stirpes (subject to annuities to his wife and one of his children, who is a lunatic), with ulterior trusts in favour of the settlor's other children and their issue, per stirpes, subject to powers of selection. Other leaseholds are assigned to one of the sons, subject to a trust for the settlor during hfe. The bond debt is assigned to trustees in trust for the settlor for life, and then for his son, the obligor, absolutely. The remaining son is provided for by a post-obit covenant. Also, powers of sale, leasing, changing trustees, and of revoking settlement (a very concise form). Voluntary settlement of a debenture of a pubUc com- pany by a father, as a further provision for his daughter after her marriage, upon trusts similar to those contained in the settlement made previously to her marriage, upon which settlement the present deed is indorsed. Voluntary settlement of a sum of money by a bachelor, subject to fits of weakness, for the benefit of himself and any wife or children. Trustee to hold such sum upon trust to invest, with power to vary the invest- 1 Hug. 788. 758. Peac. 885. 9 Byth. 532. Peac. 881. Digitized by Microsoft® SETTLEMENTS. 407 Voluntary Settlements — continued. ments, and to lend part of the trust fund to settlor's brother; and, in case settlor should marry, and by deed so appoint, pay unto his wife an income for her separate use. In the event of his wife surviving, trustee to pay unto settlor's widow, for her and her children's maintenance, such part of the income as settlor shall appoint. Proviso that every appointment shall be revocable by settlor and his trustee. Trustee to apply for settlor's benefit such part of the income as trustee shall think fit, and to accumulate the surplus. Subject thereto, trustee to hold trust fund for such children of settlor as shall attain 21, or marry under that age. In case there shall be no such child, as to the income from one moiety,formotherof settlor, during her life, for her separate use, and as to all the trust premises, subject to his mother's interest in the income from one moiety, for his brother and such of his sisters as shall attain 21, or marry. Maintenance and advancement clauses. Trustee clauses. (Special forms.) 253 Voluntary settlement of money to arise from the sale of real estates, and of money secured on mortgage for the benefit of settlor's nephews and nieces. The shares of nieces to their separate use, with remainder to their children. Power of revocation. 254 Voluntary settlement of moneys to be produced by the sale of an estate in India, conveyed to the trustees by deed of even date. Trusts for the settlor for life, and afterwards for the daughters of her deceased daughter and their issue. Provision for maintenance of the daughters during minority. Powers for them to ap- point life interests to their husbands surviving them. Proviso authorising the partial raising or the re-settle- ment of their shares upon marriage. Accruer clause as to shares not vesting under the primary trusts. Trusts of rents and profits, and of fines upon leases until sale. Power to raise money for advancement or otherwise by mortgage until sale. Clause enabling the powers to be exercised without the concurrence of trustees abroad. 255 Voluntary settlement of a sum of money in favour of a brother of the settlor, his wife and issue, with special provisions to protect it from liabilities incurred by the brother. 256 Settlement (intended to supply the place of a will) of Bank stock, mortgage debt (transferred by a separate deed), and canal shares (also separately transferred), in trust for the settlor (who is a widow) for life, and, after her decease, in trust for such persons as she shall appoint, and in default of appointment, in trust for her children (all daughters), in aliquot shares, for their separate and inalienable use, for life, with an ulterior trust for their respective children, or more remote issue, subject to a power of selection reserved Peac. 890. 2 Crabb, 1435. 3 Dav. 822. „ 849. Digitized by Microsoft® 408 SHIPPING. VoLUNTAET SETTLEMENTS — Continued. to the parents. The trusts concerning the shares subsequent to the first are created by means of a re- ference to the trusts of the first share. ProTisions for maintenance and advancement, and varying securities. (Assignment of household furniture, &c., in trust for the settlor for life, and subject thereto upon trust for sale, the proceeds to be applied in paying debts, funeral expenses, &c.). SHIPPING. Agreements. 1 Agreement from a master to a part owner, that the part owner shall not pay above a limited sum for the outset of his part. 2 Agreement between the owner of a ship and the surgeon for a ship. 3 Agreement from a surgeon of a ship and his surety, to return a month's pay advanced if the surgeon does not proceed on the voyage. 4 Agreement to indemnify the master of a ship on account of his delivering goods to a merchant in Liverpool, notwithstanding they were consigned to another at Amsterdam, and notwithstanding the bills of lading were not delivered up to the master. 5 Contract between a master and mariners of a British ship in most foreign trades. 6 Ditto. 7 The usual ship's articles in the West India trade. 8 Ditto. 9 Contracts between a master and mariners for vessels of 100 tons and upwards in the coasting trade. 10 Ditto. 11 Forms relating to the hiring, discharge and discipline of seamen, and to medical stores for ships, as issued by the Board of Trade. 12 Agreement for foreign-going ship, sanctioned by Board of Trade Aug. 1860. In pursuance of 17 & 18 Yict.c. 104. 13 Ditto, for home-trade ship. 14 Agreement and account of crew (foreign-going ship) sanctioned by Board of Trade July, 1861. In pur- suance of 17 & 18 Vict. c. 104. 15 Account of voyages and crew of home-trade ship, sanc- tioned by the Board of Trade August, 1860. In pursuance of 17 & 18 Vict. c. 104. 1 6 Copy of agreement to be made accessible to the crew. In pursuance of 17 & 18 Vict. c. 104, s. 166. 17 Agreement between the master of a ship and his pas- sengers. 18 Agreement between owners of a ship and a captain or master leaving the ship, to indemnify him against bills of lading, &c., contracted by him for their use. 19 Ditto. 9 Byth. 508. 4 Chit. 56. „ 56. „ 57. „ 57. „ 58. 1 Wilde, 159. 4 Chit. 59. 1 Wilde, 162. 4 Chit. 61. 1 Wilde, 158. Abb. Ap. 358. G-reenh. Ap. 412. 416. 418. 430. 434. 2 Crabb, 1478. 1485. 1 Wilde, 154. Digitized by Microsoft® SHIPPING. 409 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Agreements — continued. Agreement from part owners to indemnify the captain from tradesmen's bills and bills of lading upon his leaving the ship. Agreement from part owners and freighters of a ship, that an average on a ship and loading for damages sustained by the ship shall be settled by two persons. Agreement from part owners to pay the proportions of such bills as the captain shall draw on two of them on the ship's account during the voyage. Agreement between merchants or owners of a ship and cargo with another owner to pay their proportions of bills drawn by the captain or master. Agreement to ship goods. Agreement between merchants (concerning goods bought at Leghorn), that each will be concerned in an equal part, and pay proportion of all charges. Agreement to pay debts owing, &c., on account of part of a ship, in consideration of assignment thereof Agreement for freight to a place, between one that has a charter-party for a certain number of tons, and a mer- chant for part of that number. A '^reement for tonnage on a ship's returning home. Agreement for freight from a place (the ship to sail with a convoy), and to execute a charter-party. Agreement for freight between a master of a ship or vessel and a merchant for the whole tonnage ; and to execute a charter-party (with variations). Agreement for freight between the master of a vessel and several merchants for the whole ship's tonnage (with variations). Agreement for freight between a merchant having a charter-party, or bill of lading for a certain number of tons, and one who takes on hire a part of the same number. Agreement between merchants for the sale and delivery of goods and merchandise on the arrival of the ship in the port, and the purchase-money being paid. Agreement on the sale of a ship and freight, for the purchaser to pay the previous expense of outsets, &c. Agreement for the sale of a ship. Agreement to build a ship, and for payment of price by instalments, regulated by the progress of the work. Vendition of a ship or shares of a ship in Scotland, under the statutes 3 & 4 Will. IV. c. 55, and 8 & 9 Vict. c. 89. Average agreement. Ditto. Protests. Entry or note of ship protest. Ditto. 4 Chit. 63. „ 63. „ 64. 1 Wilde, 175. 4 Chit. 198. „ 199. „ 241. „ 320. „ 320. „ 321. 1 Wilde, 146. „ 148. „ 150. „ 165. „ 174. Abb. Ap. 389. „ 390. „ 393. „ 409. Brooke, 299. 219. Abb.'Ap. 399. Digitized by Microsoft® 410 SHIPPING. 42 43 44 45 46 47 48 49 50 51 62 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Protests — continued. Ship protest (common form) in consequence of loss or damage by storms and tempestuous weather, and also by jettison. Ship protest in consequence of a loss from a gale. Ship protest in consequence of total wreck. Ship protest in consequence of a loss by collision. Ditto. Ditto. Attestation or certificate subjoined to a ship protest, when the appearer is an illiterate person, and not able to write. Ship protest, when by declaration or statement annexed to the protesting part, and to the notarial attesta- tion. Ship protest, when preceded by a notarial certificate forming part of it. Notarial certificate of a true copy of a ship protest. Declaration to ship's protest. Protest by shippers of goods against the master and owners of a vessel, in consequence of a master's refusal, after notice, to sign a biU of lading in the customary form. Ditto. Copy of the notice to the master, referred to in the foregoing protest, objecting to the qualification introduced into the bill of lading, without consent, and demanding a bill of lading in the customary form. Ditto. Protest by merchants against the master and owners, in consequence of the master's not proceeding to sea after signing bills of lading. Protest by merchants against the master and owners, in consequence of the intoxication of the master, and of his neglecting to proceed to sea after signing bills of lading. Protest by the master of a vessel for demurrage payable under the stipulations of a charter-party. Ditto. Protest by the master of a vessel for demurrage, and con- tinuing detention, neglect, and delay in providing a cargo, and despatching the vessel, pursuant to a charter- party. Protest by the master of a vessel against the consignees of goods, for not discharging and taking them from the vessel in a reasonable time. Ditto. Form of the commencement of a notarial instrument, which can be adapted either to the early part of a notarial certificate, a ship or other protest, or an act of honour. Same form as the last mentioned, adapted to the com- mencement of a ship protest. Notarial certificate of a survey on a ship or goods. Broo ke,219. jj 224. >j 229. jj 233. 55 236. Abb. Ap. 401 Brooke, 238. 238. 240. 241. 242. „ 243. Abb. Ap. 403. „ 403. Brooke, 245. 245. „ 247. „ 248. Abb. Ap. 404. Brooke, 250. „ 252. Abb. Ap. 405. Brooke, 254. „ 254. „ 255. Digitized by Microsoft® SHIPPING. 411 Bonds. 67 Form of bond to be given by the master and by the owner or charterer of a "passenger ship," 18 & 19 Yict. c. 119, schedule (c). 68 Bond to secure salvage. 69 Security for salvage by persons residing abroad. a. Attestation of consul to security for salvage. 70 Bond, that the master of a ship shall deliver up the same to the owners on demand. 71 Bond from a master of a ship to an owner to perform voyage and deliver up the ship when performed. 72 Bond from a chief mate of a ship to perform voyage and deliver up the ship in case of death of master. 73 Bond from a master of a ship that undertakes for himself and supercargo, a minor, to follow orders annexed, to send up an inventory, to carry no goods out, to claim no privilege but what is expressed, to keep an account of sale of the cargo, and a journal of the voyage, and to deliver up the ship. 74 Bond from a chief mate to do the same thing, if the master dies. 75 Bond from a master of a ship, to follow orders, and deliver up a ship, and give an account of freight and moneys received and paid. 76 Bond from a chief mate of a ship let by charter-party to perform covenants, follow orders, give up an account, and deliver up the ship, and likewise for a second mate. 77 Bond by owners of a ship, &c., to pay freight, &c., for goods shipped (usual form). 78 Bond from the master of a ship to the owners to pay them money due for freight, as soon as he has recovered the same. 79 Bond to pay money for the goods sold, and for freight and insurance, upon their arrival at M , and to bear all risk afterwards. 80 Bond by the master of a vessel to deliver up a pass received from the admiralty on his returning from his voyage. 81 Bond of indemnity to purchasers, from the master of a ship to the purchaser of it, to indemnify him from a former owner and master, on account of wages due to him. 82 Bond to indemnify a person that purchased a ship, from bills of sale that are standing out. 83 Bond to execute writings from an owner of part of a ship, that an owner of another part of a ship (he being abroad) shall execute a bill of sale thereof, the owners of all the other parts having executed the same. Assignments. 84 Assignment of a cargo on board a ship (with variations). Greenh. Ap. 382. O'Dowd, Ap. 208. 208. 209. 4 Chit. 68. 2 Wilde, lOG. „ 193. 4 Chit. 69. „ 70. „ 71. „ 72. 2 Wilde, 160. 4 Chit. 69. „ 69. 2 Wilde, 139. 4 Chit. 224. „ 224. ,, 225. 1 Wilde, 461. Digitized by Microsoft® 412 SHIPPING. 85 86 87 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Assignments — con tinued. Assignment of part of the cargo of a ship. Ditto. Assignment by a master to a part owner of a ship, of his proportion of a debenture made for the ship's hire. Ditto (in the Transport service). Assignment of two ships in the Southern TVhale Fishery, with the produce of their fishings, and also two policies of insurance, for securing the payment of a sum of money now due, and all such sums as may hereafter be advanced. Notices. Notice of abandonment by the owner of a ship and cargo to the underwriter. Ditto. Notice of the loss and abandonment of goods to an under- writer. Ditto. Ditto. Notice to an underwriter of the capture of a ship (and abandonment). Notice by an agent for a principal abroad of abandonment of ship captured by American privateer. Notice of inquiry into the loss of a ship, &c., when it contains a report. Notice of inquiry into the loss of a ship, &c., where it consists of a statement. Notice of intended warrant to authorise proceedings in case of liability for loss of life. Notice from defendants to Board of Trade requiring special jury. a. Copy of a warrant to a sheriff to summon special jury. Notice from ship owner to wharfinger or warehouse- keeper to retain goods subject to freight, &c. Notice from owner or consignee of goods to wharf or warehouse owner to retain deposit for freight, &c., when a part only of the sum deposited is admitted to be due. Form of notice from owner or consigTiee of goods to wharf or warehouse owner to retain deposit for freight, Ac, where no sum is admitted to be due. a. Letter from wharf or \Yarehouse owner to ship- owner, apprising him of consignee's notice to retain the part or whole of sum deposited. Notice from ship owner to wharf or warehouse owner of proceedings against the owner of the goods, to recover the sum due for freight, &c. Notice to be given by wharf or warehouse owner by advertisement prior to sale of goods. a. Letter to be addressed by a wharf or ware- house owner to the owner of goods prior to sale, when the address is known. 1 Crabb, 365. 4 Chit. 199. 1 Wilde, 463. 4 Chit. 225. 237. 3 Wilde, 5. 4 Chit. 331. 3 Wilde, 16. 2 Crabb, 1499. 4 Chit. 331. 3 Wilde, 11. 4 Chit. 331. O'Dowd, Ap. 204. 205.. 211. 211. 212. 213. 213. 213. 214. 214. 214. 215. Digitized by Microsoft® STATUTES. 413 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Various Forms. Form of summons to be issued by inspectors, under sect. 15 of the MeTchant Shipping Act, 1854. Summons diices tecum to be issued by inspectors under sect. 15 of the Merchant Shipping Act, 1854. Summons to a party or witness. Request that the Master of the Court of Queen's Bench, &c., shall settle amount of witnesses' expenses. Bill on Board of Trade. Relief of distressed British seamen. Report of magistrates on inquiries into wrecks. Declaration of claim to remuneration for salvage services, and application to receiver of wreck to detain property for payment thereof. Application of salvor or owner to justices to adjudicate on dispute as to salvage. Summons as to the owner of ship, &c. Award of justices of amount of salvage. Security or stipulation, for the return of a ship. Ditto. Forms relating to the registry sale and mortgage of British ships issued by the Commissioners of Customs, and approved of by the Board of Trade. Form of an instrument of hypothecation of ship and cargo (see Hypotheoatioh, ante). Form of respondentia bond on a voyage to the East Indies {see Bottojiry Bonds, atite). Bills of sale of ships, see Bills of Sale, ante. Contracts for sale of ships, see Contracts for Sale, ante. Contracts for building ships, see Contracts for Build- ing, ante. Bills of lading, see Bills of Lading, ante. Charter parties, see Charter Parties, ante. SINGLE BOND {see Bonds, ante). SOCIETIES {see Benefit Building Societies, Charities, and Companies, ante). O'Dowd, Ap 203 J3 J) 203. 205 J» 203 204 206 Brooke, 338. Abb. Ap. 394. 322. 398. 397. 207. 209. 210. 210. SPECIFICATIONS {see Patents, SPECIFIC LEGACY {see ^uas, post). STATUTES {see also Parliamentary Forms, ante). 1 A statute merchant (obsolete). 2 A statute staple or recognizance in the nature of such (obsolete). 3 Wilde, 765. „ 766. Digitized by Microsoft® 414 SURRENDERS. 9 10 11 12 13 14 15 16 17 STATUTORY DECLARATION (see Declarations, ante). STEWARD (APPOINTMENT OF) (see Appointments, ante). STOCK IN TRADE (ASSIGNMENT OF) (see Assignments, ante). STOP ORDER (see Distringas, ante). STRICT SETTLEMENT (see Settlements, ante). SUB-LEASE (see Leases, Underleases, ante). SURETY (see Guarantee, ante). SURRENDERS. Surrender by a jointress of her jointure land. Surrender of a life estate. Surrender by a tenant for life to i^arty entitled to the reversion or remainder. Ditto. Surrender of an estate for life in possession, and also of the remainder expectant thereon of trustees to preserve contingent remainders. Surrender from a father to a son of the father's Ufe estate, to enable the son to make a jointure ; pursuance to a power in a settlement. Surrender by termor for years to a reversioner in fee. Surrender by a termor for years to a reversioner for years. Surrender of a term by indorsement. Ditto. Surrender by way of merger of a term of years. Surrender of a mortgage term to merge in the inheritance. Ditto. Ditto (by indorsement). Ditto, by indorsement (with variations). Surrender of mortgage term created by way of underlease, on payment of mortgage debt. (Variation where mort- gage term was created out of, and is now merged in, the fee.) Surrender by two mortgagees for years of their respective terms, and release in fee, by ulterior mortgagee, of the property comprised in the two several prior mortgages. 3 Wilde, 768. 2 Crabb, 1504. Ship. 379. 2 Hay. Intr. 26. 9 Jar. 492. 2 Jones, 258. 2 Hay. Intr. 27. 30. 2 Jones, 264. Ship. 704. 2 Jones, 262. „ 265. Ship. 703. 2 Crabb, 1505. 3 Wilde, 771. 6 Jar. 476. 478. Digitized by Microsoft® TESTATUM AND CONSIDERATION. 415 18 Grant and surrender by trustee for transferee of mortgage and transferee to mortgagor, the estate having been limited to the mortgagee, his executors, &c., for a term of years, and subject to the term, to his trustee in fee. Surrender of copyholds, see OoirvETAiiroBS, ante. Surrender of Leaseholds, see Leases, ante. TACKING {see Moetga&bs (Transfer of, ante). TERMINATING BUILDING SOCIETIES (see Benefit Building Societies, ante). TERMS (ATTENDANT) (see Assignments, ante). TESTAMENT (see Wihhs, post). TESTATUM AND CONSIDERATION. 1 Commencement. 2 Consideration on sale (freeholds and copyholds). 3 Ditto (leasehold). 4 Ditto (of bond, interest in dividends, &c.). o Nominal consideration. 6 Consideration to mortgagee and mortgagor. 7 Consideration to mortgagee, annuitant, and mortgagor. 8 Consideration to mortgagee under power of sale, and nominal consideration to mortgagor. 9 On sale by mortgagor to mortgagee, at mortgage money. 10 On sale by mortgagor to mortgagee where additional sum paid. 11 Money paid into Bank of England, with privity of Accountant-General of Court of Chancery. 12 On sale by tenant in tail in possession. 13 On sale by tenant for life, and remainderman in tail, or in fee simple. 14 Kent-charge to tenant for life, and sum of money to remainderman. 15 To tenant for life, and remainderman, and their mort- gagees. 16 On conveyance to sub-purchaser. 17 Payment of purchase-money by purchaser, and intended mortgagee. 18 Where part of money to remain on mortgage. 19 Transfer of stock in the funds. 20 Life rent-charge to vendor. 21 Sum of money and rent-charge in fee. 22 On consent of protector to settlement. 23 Payment of part, and retention of part to meet con- tingency. 6 Jar. 483. 2 Eouse ,165. 57 165. ;j 165. jj 166. )J 166. ij 166. )j 167. )j 168. )j 168. )5 169. '? 169. 170. 5) 170. >> 171. J) 172. J) 173. J1 173. 174. )? 174. >J 175. J? 175. )> 175. 176. Digitized by Microsoft® 416 TITHES. 24 Copyhold surrender (commencements). 25 Copyhold surrender (examination of feme covert). 26 Ditto (consideration in ordinary cases). 27 Ditto (consideration on sale to sub-purchaser). 28 Ditto (in pursuance of a covenant). 29 Ditto (by executors, admitted for want of sale). ■ 30 Stated in deed of covenant to surrender. 31 On surrender by tenant in tail in remainder and wife, with consent of protector. 32 On surrender to create base fee. 33 On conveyance of freehold part, where surrender of copy- hold part already passed. 34 On surrender to purchaser, where part paid to mortgagee. 35 Where entire amount paid to mortgagee. 36 On mortgage of freehold and leasehold. 37 On transfer of mortgage, and further advance. 38 On conditional surrender of copyholds. 39 Eeference to stamp on freehold mortgage. 40 On advance by trustees or joint tenants. 41 On advance by two, in equal shares. 42 On advance by two, in unequal shares. 43 On transfer of mortgage of copyholds, and further advance. 44 On security to bankers for floating balance. 45 On payment of principal and interest, and reconveyance. 46 On mortgage for raising portions under a settlement. 47 On a lease. 48 In a lease, of rents and covenants. 49 In a lease, of a money payment, and rent and covenants. 50 In a lease, of expense in building, and rent and covenants. 51 In a lease, of a surrender of a lease previously recited. 52 In a lease, of a surrender of a lease not previously recited. 53 On reconveyance by mortgagor. 54 On conveyance, &c., to trustees under settlement. 55 On further conveyance to trustees. TESTIMONIUM. 1 Testimonium to instrument executed by attorney. TIN MINES. Grant of, see Grants, ante. Lease of, see Leases, ante. Mortgage of, see Moetgages, ante. TITHES. Conveyances. 1 Conveyance of tithe rent-charge and piece of land by devisees upon trust for sale, to purchasers. 2 Conveyance of tithes to dower uses, with usual covenants for title. 3 Grant on a sale of commutation rent-charge in lieu of tithes to two trustees of the land charged. 2 Rous€ ,176 ?> 177 jj 178 )j 178 )> 178 j> 179 ?? 179 jj 180 )> 180 'J 181 )j 181 )j 182 )S 182 j» 183 jj 183 )> 184 )j 184 » 184 3J 185. JJ 185 )) 185 J) 186 )? 187 )) 187 2 Piatt, 590. jj 590. ?) 590. ?) 590. )j 591. 2 Rouse ,187 5J 188 188 Green. 402. 1 Rouse, 70. 1 Hug. 91. Sweet, 200. Digitized by Microsoft® TITHES. 417 CoKTEYAiircES — Continued. Grant of rectorial impropriate tithes of specific lands to the owner of the lands, in order that they may merge. Proviso as to land-tax, &c. Form of conveyance of a barn and its site, under 6 & 7 Will. IV. c. 71, s. 87. Form of a gift of lands, for an equivalent part of a rent- charge agreed to be paid instead of tithes, where such gift is made after the confirmation of the rent-chara;e. Mortgages. 7 Mortgage of impropriate tithes, with power of sale. 8 Mortgage in fee of tithes by a lay impropriator to secure £400 and interest payable by four yearly instalments, with power for mortgagee to appoint bailiffs and receivers. Agreements and otlier Forms. 9 Parochial agreement for the commutation of tithes between the landowners and rector of a parish. 10 Agreement containing clauses as to hop grounds and market gardens, when the rector is sole tithe-owner. 11 Ditto. 12 Agreement containing clauses as to hop grounds and market gardens, in cases where the rectorial and vicarial tithes are vested in different persons or in different rights. 13 Ditto. 14 Agreement between rector (sole tithe-owner) and land- owners, in which the general contents of the different descriptions of land in the parish are specified in the body of the agreement, and by which land is given by the parish for an equivalent part of the tithes of the parish. 15 Ditto. 16 Agreement between rectors impropriate (a body politic), their lessees, and vicars (tithe-owners), and land-owners, containing a provision for a particular estate, exempt from the payment of tithes. 17 Ditto. 18 Agreement for the commutation of the tithes of a parish, consisting of various townships, and in which there are various tithe-owners, moduses and exemptions from the payment of tithes, &c., &c. 19 Ditto. 20 Form of supplemental agreement, fixing a period for the commencement of rent-charge, under the 11th section of the first Tithe Amendment Act. 21 Clause merging tithes. 22 Ditto. 23 Form of a patron's consent to an agreement for voluntary commutation of tithes. 9 Jar. 503. Shel. T. 4G2. „ 4G3. 1 Eouse, 2G]. 2 I-Iug. 7G. Shel. T. 419. „ 423. Eagle, 158. ,, 164. Shel. T. 426. » 431. Eagle, 178. „ 173. Shel. T. 433. „ 438. Eagle, 182. Shel. T. 447. „ 450. Eagle, 195. Shel. T. 451. E B Digitized by Microsoft® 418 TRUSTEES. 24 25 26 27 28 29 30 81 32 Agreements ajstd other Forms — continued. Form of award. Form of separate award, by way of supplement, by an assistant commissioner. Form of a separate award, by way of supplement, made by the commissioners. Charge of expenses of commutation by an incumbent. Form of an instrument by which a tenant for life may charge the expenses of commutation upon the lands of which the tithes have been commuted under the statute of 6 & 7 Will. IV. c. 71. Form of security to be given for payment of rent-charge before confirmation of the apportionment. Form of declaration by Tithe Commissioners for dis- charging lands from tithes. Agreement for reference to arbitration. Form of declaration merging tithes, under the statute of 6 & 7 Will. IV. c. 71, when such merger is declared by a separate instrument. Leases of tithes, see Leases, atite. TITLE DEEDS (see Deeds, awfe). TONTINE {see Benefit Building Societies, TRANSFERS {see also Assignment, arite). 1 Transfer of a railway share. 2 Transfer of a share in a company. 3 Assignment of shares in a copper mine. Transfer of mortgages, see Mortgages, ante. Transfer of mortgage on change of trustees, see Trustees (Appointment op New), post. Transfer of shares in public companies, see Companies, ante. TRUSTEES (APPOINTMENT OF NEW) {see also Covenants and Provisoes, ante ; and Uses and Trusts, post). Generally. 1 Appointment of new trustee. 2 Ditto (by indorsement). 3 Appointment of new trustee of a settlement (by indorse- ment). 4 Appointment of new trustees by virtue of a power in a settlement. 5 Appointment of a new trustee of a settlement where there have been changes of investment (by indorse- ment). Shel. I '. 451. JJ 461. 462. 464. V 465. ?j 467. 3J 468. 510. Eagle, 194. Bate. 894. 1 Orabb, 418. „ 419. Green. 156. „ 158. Dav. Con. 467. 1 Crabb, 278. Dav. Con. 468. Digitized by Microsoft® TRUSTEES. 419 Generally — continmd. 6 Appointment of a new trustee of a will. 7 Appointment of a new trustee of a term of years. 8 Appointment (by indorsement) of a new trustee of a term of years, limited by a settlement. 9 Appointment of a trustee of a will, and transfer of the trust estates. 10 Appointment of new trustees by virtue of a power vested in an administratrix. 1 1 Appointment of a new trustee of a settlement in the place of a deceased trustee (by indorsement on the settlement). 12 Appointment (by indorsement) of a new trustee of a term under a settlement, and assignment by the re- tiring trustee and his co-trustee to a third person, in trust, to re-assign to the continuing and new trustees upon the trusts of the settlement. 13 Re-assignment, in pursuance of the foregoing deed. 14 Declaration by a trustee under a will, that he declines to act any longer as trustee ; and release by him to the other trustees of the estates devised in trust ; Avith the concurrence of the guardian of the infant tenant for life, who is authorised to diminish the number of trustees. 15 Appointment by the guardians of infants (indorsement on a settlement) of a new trustee in the place of a retiring trustee, who was himself formerly appointed (by in- dorsement) in the place of a deceased original trustee. The tenants for life being dead, the adult children had received their original shares of the trust funds. Of Keal Estate. 16 Appointment of new trustees of estates of inheritance in the room of old trustees, deceased or resigning. (Va- riations where one or more trustees are appointed to act in conjunction with one or more of the old trustees. Where the subsisting limitations are uses, and where they are trusts. Where the premises, or part, are copy- hold. Where the appointment is by indorsement on the trust deed.) 17 Re-conveyance of freehold property from A. B. to the old and new trustees, to be indorsed on the preceding deed. 18 Deed to nominate a new trustee, and conveyance of free- holds to a third person, in order that he may reconvey them to the continuing and new trustees, so that they may have the seisin, and be empowered to exercise a power of sale over lands which, having been under contract of sale, were excepted from a former convey- ance to the new and continuing trustees. 19 Re-conveyance to the continuing and new trustees (by indorsement upon the preceding deed). 20 Conditional nomination of a new trustee, and conveyance of freehold estates to the use of such new trustee and Dav. Con. 472. „ 475. 4 Dav. 612. Hayes, 704. Bird, 1-2. 2 Prid. 4C4. 6 Jar. 533. „ 536, 528. 4 Dav. 603. 1 Wilde, 350. 360. 6 Jar. 538. „ 545. E E 2 Digitized by Microsoft® 420 TRUSTEES. 551. 563. Or Eeal Estate — continued. the continuing trustees jointly, under a clause in a will, directing the appointment of a new trustee imme- diately upon the death, &c., of any trustee, it being unknown whether one of the trustees named in the will is living or dead. 6 Jar. 547. 21 Deed of appointment of new trustees, under a settlement of real estate, in room of trustees, one of whom had become lunatic, and another was desirous to retire, the donee exercising powers of revocation and new appoint- ment, and by means thereof divesting the settled lands out of the old, and vesting them in the new trustees. (Variation where the trustees have only an estate to preserve contingent remainders.) 22 Conveyance of various trust estates and property by a trustee quitting the country to a substitute, to perform the trusts (a short form). 23 Appointment (by indorsement) under a power in a settle- ment of a new trustee of settled real estate, in the place of a retiring trustee, the appointment being perfected by a conveyance only of the estate vested in the trus- tees to preserve contingent remainders. 24 Appointment (by indorsement) under a power in a settle- ment of two new trustees of settled real estate in the place of one deceased and one retiring trustee, the appointment being made as well in respect of several deeds indorsed on the settlement, as of the settlement itself. 25 Conveyance (by indorsement on the original conveyance in trust) of land held as personalty on the appointment of new trustees. 26 Appointment (by husband) under real settlement, of a trustee in the place of one of the general trustees of the settlement, deceased ; and another, in the place of a trustee of a term, who retires, the vacancy of a de- ceased trustee of the term not being filled up (by in- dorsement). 27 Ke-assignment by the provisional trustee under last Precedent (indorsed). Of Personal Estate. [see 2lBt section of Lord St. Leonards' Act, 22 & 23 Vict. c. 35.] 28 Appointment of new trustees of leasehold property in the room of old trustees deceased or resigning. (Variations where one or more new trustees are appointed to act in conjunction with one or more of the old trustees. Where the appointment is by indorsement on the trust deed. Where the appointment is of executors.) 29 Ee-assignment of leasehold property from A. B. to the old and new trustees, to be indorsed on the preceding deed. 30 Appointment of new trustees of money in the funds, in the room of old trustees, deceased or resigning. (Varia- tions, where one or more new trustees are appointed to 4 Dav. 607. CIO. 596. Prior, 205. 207. 1 Wilde, 362. „ 368. Digitized by Microsoft® TRUSTEES. 421 31 32 33 31 35 36 07 38 39 40 41 42 43 44 Op Personal Estate — continued. act in conjunction with one or more of the old trustees. Where the property or part is a reversionary interest. Where it consists of sums due upon bond or mortgage and other personal property. Where the appointment is by indorsement on the trust deed.) Nomination, by writing not under seal, of a new trustee, under a power contained in a settlement of money in the funds (on which it is indorsed). (A concise form.) Ditto. Nomination of a new trustee, in the room of a deceased trustee, under a power in a marriage settlement (on which it is indorsed) ; and declaration of trust by the continuing and new trustees, as to stock in the public funds transferred to them. (Variation where the trans- fer is to follow the execution of the deed.) Deed of appointment of a new trustee in the room of a retiring trustee, under a power in a will, where the pro- perty consists of money inyested on mortgage and in the funds ; and declaration of trust by continuing and new trustees. Ditto. Appointment of new trustees (with the consent of hus- band and wife) by the executors of a deceased trustee (who had lent the trust funds to the husband under a power contained in the settlement, upon his bond), and assignment to them of the bond debt. By indorsement upon the settlement. Deed-poll (indorsed on marriage settlement), nominating additional trustee, and also appointing £1000 Three per Cent. Consols, under a power. Memorandum and acknowledgment by the new and the continuing trustee, that the stock has been truly trans- ferred into their joint names, to be indorsed on the deed of settlement. Short form, changing the trustees of the last settlement, to be indorsed on the original deed of settlement, and assignment of the trust estate. Appointment of new trustees of stock (by a surviving trustee). Appointment (by writing indorsed on the deed) of a new trustee of a settlement of stock in the place of one deceased. Memorandum of the transfer of the stock referred to in the last precedent (indorsed on the settlement). Appointment by deed by husband surviving (under a per- sonal settlement) of two trustees in the place of two deceased. (By indorsement.) Assignment of the trust funds by executor of the survivor. Appointment by husband and wife of two trustees (in the place of one deceased) of a personal settlement com- prising stock, legal and equitable choses in action, and mortgage securities ; the latter transferred by a separate instrument. (By indorsement.) 1 Wilde, 370. 6 Jar. 517. Sweet, 121. 6 Jar. 518. „ 521. Sweet, 122. 6 Jar. 530. „ 559. 3 Hug. 155. JJ J-UU. Hous. 201. Prior, 201. 1) 202. „ 202. „ 203. Digitized by Microsoft® 422 TRUSTEES. Of Personal Estate — continued. 45 Ee-assignment by provisional trustee under last iDrecedent (indorsed). 46 Appointment of a new trustee of a will in the place of a deceased trustee, where the testator's estate had been fully administered, and certain sums of stock had been appropriated, and remained to answer specific trusts. 47 Appointment (by indorsement on a settlement of stock) of a new trustee in the place of a deceased trustee. 48 Appointment (by indorsement on a personal settlement) of a new trustee in the place of a retiring trustee, where there hare been changes of investment and an advancement out of the trust ifunds. 49 Appointment of new trustees of settlement ; part of the trust estate consisting of railway bonds and lands held as personalty. 50 Transfer of railway bonds on appointment of new trustees. 51 Appointment (by indorsement) of a new trustee of a settlement, comprising money in hand produced by the sale of lands, pursuant to trust deeds referring to the settlement. 52 Appointment' of a married woman (under a power in a will of personalty) of a new trustee in the place of one deceased, and another in the place of one retiring. 53 Appointment by a surviving trustee (under a settlement of personalty) of a trustee in the place of one deceased. (By indorsement.) 54 Ee-assignment by the provisional trustee under last pre- cedent (indorsed). 55 Appointment by a retiring trustee (under a settlement of converted realty) of one trustee in his own place, one in the place of another deceased, and one in the place of a disclaiming trustee. 56 Appointment of two new trustees in the room of two retiring trustees, under a power in a marriage settle- ment (on which it is indorsed), of money in the funds, leasehold premises, and other personal estate. 57 Acknowledgment by new trustees that the stock has been transferred into their joint names. Of Real and Personal Estate. 58 Appointment of a new trustee under a settlement of real and personal estate. 59 Appointment of new trustees of freeholds and chattels. 60 Appointment of new trustees of a marriage settlement, and conveyance, and assignment by indorsement of the real and leasehold estates, subject to the trusts thereof. 61 Assignment of leaseholds by indorsement in pursuance of trust in last deed. 62 Appointment (by indorsement) under a power in a deed of even date with a settlement conveying freeholds and Prior, 205. 4 Dav. 630. „ 585. „ 588. 593. 595. „ 601. Prior, 207. „ 209. „ 209. „ 210. 1 Jones, 73. Sweet, 121. 1 Jones, 66. Hous. 198. 1 Grabb, 281. ., 284. Digitized by Microsoft® TRUSTEES. 423 G3 64 65 66 67 68 69 70 71 73 74 75 Of Eeal and Peesonal Estate — continued. leaseholds upon trust for sale, where part of the pro- perty has been sold. Appointment under a power in a will of a new trustee of real estate devised in trust, and personal estate in the place of a deceased trustee. Appointment under a power in a will of a new trustee of settled real estate, and of personal estate in the place of a trustee who had disclaimed ; the appointment as to the settled estate being effectuated by revocation of uses and appointment and grant to a provisional trustee to re-convey to the uses. Ee-conveyance by the provisional trustee of the settled real estate (by indorsement on the appointment). Appointment of a new trustee under a power in a will in the place of one declining to act. Conveyance of free- holds and covenant to surrender copyholds to the use of the continuing and new trustees. Assignment of leaseholds and personalty to the continuing and new trustees. Appointment of two new trustees in the place of a deceased and a retiring trustee under a power con- tained in a will. Conveyance of freeholds and covenant for the surrender of copyholds to the use of the new trustees, and assignment to the new trustees of a sum of money due from the estate of the residuary legatee for money improperly received by him. Appointment of a new trustee in the place of one who retires from the trusts ; and conveyance of the real property to the new trustee conjointly with the remain- ing trustee ; and assignment of personal trust estate upon trust to re-assign to the remaining, and the new trustee. Assignment of the personal trust estate mentioned in the last precedent to the trustees therein named. Appointment of a new trustee of a strict settlement of freehold and leasehold property in the place of one desiring to be discharged. Conveyance of freeholds to use of continuing and new trustees, and assignment of leaseholds to them. Ditto. Appointment by surviving trustee of a new trustee of a will of real and personal estate in the p)lace of a deceased trustee. Declaration of trust of stock repre- senting proceeds of testator's estate. Appointment of a new trustee of a will of real and per- sonal estate in the place of a disclaiming trustee under the power conferred by Lord Cranworth's Act. Con- veyance and assignment of real and personal estate to continuing and new trustees. Appointment of new trustees of freehold, copyhold and leasehold property, money in the funds, and on mort- gage, &c. Appointment of new trustees by two surviving trustees Dav. 598. „ 614. 618. 622. „ 62.3. 2 Prid. 472. 3 Hug. 145. „ 151. 2 Prid. 465. C. 163. 2 Prid. 468. 470. 1 Eouse, 499. Digitized by Microsoft® 424 TRUSTEES. Of Eeal ai\^d PEESOifAL Estate — continued. of a will, and conveyance (conjointly with the next precedent) vesting freehold and leasehold estates in the continuing and new trustees jointly. 76 Assignment by deed jDoll, indorsed on the preceding in- denture. 77 Nomination of new trustees under a will ; conveyance by retiring to new trustees of freeholds, and assignment of personal estate, consisting of leaseholds, credits, &c. ; covenant by retiring trustee to transfer stock in the public funds. 78 Appointment of two new trustees of a settlement of personalty in the place of a deceased trustee and of a retiring trustee respectively. Declaration of trust of stock and money invested on mortgage of real estate and railway debentures. 79 Appointment of new trustees by two surviving trustees of freeholds, leaseholds, and personalty, under a will, and conveyance and assignment of the trust pro- perty. 80 Assignment, indorsed on the preceding deed. Transfer of Mortgages on Appointment, &c. 81 Transfer of a mortgage to continuing and new trustees. By independent deed. 82 Transfer of mortgage of freeholds (by one deed) by a continuing trustee, on the appointment of a trustee in the place of one deceased ; the mortgagor not joining (by indorsement on the mortgage deed). 83 Transfer of mortgage of freeholds (by one deed) by the retiring and continuing trustees, on the appointment of a new trustee in the place of one retiring ; mortgagor not joining, indorsed. 84 Transfer of mortgage of freeholds and assigned or demised leaseholds, by a continuing trustee on the appointment of a new trustee in the place of one deceased ; mortgagor not joining, indorsed. 85 Ee-assignment of the mortgage debt and securities assigned by last precedent, indorsed. 80 Transfer of mortgage of freeholds (by one deed) by a retiring trustee, on the appointment of new trustee in the place of himself and one deceased ; mortgagor not joining, indorsed. 87 Transfer of mortgage of freeholds and leaseholds by two retiring trustees ; mortgagor not joining, indorsed. 88 Transfer of mortgage of freeholds (by one deed) by a continuing trustee, on the appointment of a new trustee in the place of one deceased ; mortgagor joining, indorsed. 89 Transfer of mortgagor of freeholds and assigned (or demised) leaseholds by the retiring and continuing trustees, on the appointment of a new trustee in the place of one retiring ; mortgagor joining, indorsed. | 6 Jar. 524. „ 527. „ 555. 2 Prid. 462. Sweet, 123. „ 124. Dav. Con. 478. Prior, 211. „ 212. JJ 213. 3) 214. JJ 215. )) 216. „ 217. „ 218. Digitized by Microsoft® TRUST (DECLARATIONS OF). 425 TfiANSFER OP MoETGAGBS ON APPOINTMENT, &c. — Continued. 90 Re-assignment of the security assigned by the last deed, indorsed. 91 Transfer of mortgage of freeholds and leaseholds by a retiring trustee, on the appointment of new trustees in the place of himself, and one deceased; mortgagor joining, not indorsed. TRUSTEES (RENUNCIATION OF). {see DiscLAiMEE, ante). TRUST (DECLARATIONS OF) 1 Declaration of trust of freeholds. 2 Declaration of trust that the purchase of a freehold estate was in trust only, and for the use of another person (by indorsement). 3 Ditto. 4 Declaration of trust of freeholds by two partners on the retirement of one, and the admission of a new partner. 5 Declaration of trust of lands purchased under a power in a settlement of personal estate (by indorsement). 6 Priclaration of trust of leaseholds. 7 Declaration of trust by a person purchasing a leasehold estate for another in his own name, to be indorsed on , the purchase deed. 8 Declaration of trust by a person in whose name an estate was purchased. 9 Declaration of trust of copyholds. 10 Declaration of trust of copyholds for lives by the nominees of a purchaser. 11 Ditto. 1 2 Conveyance and declaration of trust of freeholds, copyholds, and leaseholds, purchased with moneys arising from a sale of settled property. 13 Grant of freeholds and declaration of trust of copyholds which had been purchased in the name of a trustee for a company (by indorsement). 14 Declaration of trust of stock for one for life, with remainder to two as tenants in common absolutely. 15 Declaration that Bank stock was transferred in trust, and covenant to transfer back upon request and pay divi- dends. 16 Declaration of trusts of a sum of £3,000 £3 per Cent. Consols in which a married woman had a reversionary interest, and which (with the consent of the cestui que trust for life) was transferred to the husband, and re- settled for the purpose of enabling the husband to make an effectual security on the fund. 17 Declaration of trust of a sum of stock invested in the names of trustees, by way of indemnity against a sum Prior, 219. 219. 1 Rouse, 493. 2 Crabb, 823. 3 Wilde, 805. 1 Prid. 252. 271. 1 Rouse, 494. 3 Wilde, 807 Ship. 429. 1 Rouse, 495. 2 Scriv. 884. 2 Crabb, 824. 1 Prid. 274. „ 327. Lewis, 2.-60. 4 Chit. 245. G Jar. 297. Digitized by Microsoft® 426 TRUST (DECLARATIONS OF). of money charged on lands which have been sold to several purchasers 18 Declaration of trust of purchase-money of next presenta- tion to vicarage, by way of indemnity to purchaser against possible defect of title, the same not having been fully investigated to save expense. 19 Declaration of trust of part of a fund which had been sold out and invested in other securities (by indorsement). 20 Declaration of trust by trustees, and covenant to indemnify them from having supplied trust moneys in a pur- chase. 21 Declaration of trust of funds exchanged and purchased for the uses of a settlement. 22 Declaration of trust as to subscription funds. 23 Declaration of trust as to the funds of a charity. 24 Declaration of a person's name being used in trust for another. 25 Declaration that a person's name is used in trust in a bond. 26 Declaration as to shares in a British ship being held in trust. 27 Declaration by an executor of pilot-boat shares being held by him in trust for himself and co-executors. 28 Declaration of trust, by executors of a will, of stock purchased to provide for the payment of a contingent legacy. 29 General declaration that trustees of outstanding terms shall stand possessed in trust for a purchaser. 30 Trust deed of almshouses. 31 Declaration of trust money secured on mortgage, and con- tributed by different lenders in unequal proportions, the mortgage having been taken in the names of four trustees nominated by the lenders. 32 Declaration of trust by mortgagee where the mortgage was made to one, but the money advanced by several persons. 33 Declaration of trust of moneys lent on mortgage. 34 Declaration of trust as to mortgage money advanced on mortgage by trustees under a marriage settlement. 35 Ditto. 36 Memorandum by the trustees of a settlement (by indorse- ment on the settlement), that a sum of money, forming part of the settled funds, has been lent on mortgage. 37 Declaration of trust by trustees, with reference to money advanced in their names by an insurance society on a mortgage in fee. 38 Declaration of the trusts of an assignment by way of mort- gage, with powers of distress and sale to secure the prin- cipal and interest, and waiver of privilege, the mortgagor being a member of Parliament. 39 Declaration of the trusts of a term for mortgagee and mortgagor. 40 Declaration that money advanced on mortgage is the property of a third person (with variation). 2 Prid. 544. „ 546. 2 Crabb, 815. „ 817. „ 826. „ 828. „ 831. Wilk. 84. 1 Jones, 243. Wilk. 85. 85. 5 Dav. 1047. 1 Jones, 243. Hayes, 794. 1 Prid. 533. Ship. 430. Hous. 193. 2 Crabb, 833. Ship. 432. 5 Dav. 1048. C. 189. Bird, 37. „ 388. 3 Wilde, 802. Digitized by Microsoft® UNDERTAKINGS. 427 41 Declaration by a mortgagee of the mortgage money being trust money. 42 Declaration ^of trust on a mortgage term, with an assign- ment of tlie term. 43 Declaration of trust as to a part of mortgage money secured on a term. 44 Ditto. 45 Declaration of trust of mortgage moneys for two persons. 46 Declaration of trust as to money secured on a bond. 47 Declaration of trusts of stock for securing the repayment of a loan of money and interest. 48 Declaration of trust of stock invested in the names of trustees as a collateral security for mortgage debts. 49 Declaration of trust by way of transfer of part of mortgage debt {see Mortgages, TEANsrER of). TRUSTS (USES AND) (see Uses and Trusts, ^os^- UMPIRE (APPOINTMENT OF) (see Arbitration, ante). UNDERLEASE {see Leases, mite). UNDERTAKINGS. 1 Undertaking to pay an attorney's bill. 2 Undertaking to keep and render accounts to principal. 3 Undertaking by a landlord not to distrain on a lodger's goods (see 34 & 35 Vict.) 4 Undertaking by creditors to accept a composition, and to execute a release or an assignment of their debts. 5 Undertaking to stamp a deed. 6 Undertaking to deposit an agreement for tenancy and to execute a mortgage. 7 Undertaking by a borrower to pay a lender's costs, if loan go off. 8 Form of undertaking by or on behalf of intending mort- gagor before title investigated. 9 Undertaking by solicitors in a bankruptcy to a landlord on his withdrawing bailiffs. 10 Undertaking by members of a land society on their directors allotting the shares in anticipation of the period for winding up. 11 Undertaking by a mortgagee on a mortgagor suffering judgment in ejectment as collateral security. 12 Undertaking by a mortgagor on a second mortgagee dis- charging a building society's first mortgage. 13 Undertaking, not under seal, to provide for a bill and indemnify. Wilk. 86. 1 Jones, 241. 2 Crabb, 834. 1 Jones, 242. 1 Rouse, 496. Ship. 433. 2 Crabb, 821. 5 Dav. 1049. 2 Dav. 1325. Ship. 138. 132. Woodf. 1039 Wilk 9f 218. 218. !J 219. )? 221. Green. 343. Wilk . 221. )j 222. )» 224. J) 224. 4 Chit. 259. Digitized by Microsoft® 428 USES AND TRUSTS. USES AND TRUSTS. 1 In fee. 2 To joint tenants. 3 To tenants in common. i To tenants in tail. 5 To tenants for life. 6 Ditto. 7 To trustees to support contingent remainders. 8 To uses to bar dower. 9 Ditto. ] Uses of a settlement. -11 Of mortgagee for term, and subject thereto to use of pur- chaser in fee. 12 For securing a rent-charge. 13 To trustee of term for rent-charge, and trusts of term. («) Uses on an exchange. 14 On absolute surrender of copyholds to use of purchaser. 15 On conditional surrender of copyholds. 1 G To two mortgagees advancing money in equal shares. 17 On conditional surrender to uses. 18 Trust of personalty for husband or wife until marriage. 19 Trust for husband till bankr^^ptcy or insolvency. 20 Ditto, or attempt to alienate. 2 1 The like, part for husband and part for wife 22 Trust for the separate use of wife. 23 Ditto 24 Use of real estate for husband or wife until marriage. 2.5 The like, part for husband and part for wife. 26 Limitation of a term of years. 27 Of a life estate. 28 Of an estate tail. 29 To the first son in tail. 30 To the second and every other one in tail. 31 Of estates tail to sons successively. 32 Ditto. 33 To the daughters, as tenants in common in tail. 34 To first and other daughters in tail male. 35 To daughters equally as tenants in common in tail, with cross remainders between them in tail. 36 Ditto. 37 Income of personalty for wife for joint lives. 38 Income to wife for life. 39 Interest to one for life. 40 Fixed sum out of income to wife. 41 Residue and entire income after wife's death to husband. 42 Income to wife after husband's death. 43 Uses according to appointment. 44 To such uses as intended husband shall appoint. 45 Trusts for children as the parents or the survivor appoint, and in default equally. 46 Ditto (uses). 47 Ditto. Ship. 52. „ 52. „ 52. „ 52. 52. 2 Eouse, 241. Ship. 52. 2 Rouse, 230. Ship. 54. 2 Rouse, 231. 231. 231. „ 233. „ 235. 235. 236. „ 230. „ 236. 240. 1 Dav. 291. Ship. 672. 2 Rouse, 241. 1 Dav. 291. Ship. 57. 2 Rouse, 241. „ 241. 1 Dav. 308. „ 309. „ 309. Ship. 53. „ 53. 1 Dav. 309. 2 Rouse, 251. Ship. 53. Hayes, 629. „ 629. 2 Rouse, 252. „ 241. 242. Ship.' 56. 2 Rouse, 242. „ 243. „ 243. Ship. 54. 1 Jones, 470. „ 469. Ship. 54. 2 Rouse, 243. Digitized by Microsoft® USES AND TRUSTS. 429 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Trusts for issue as the parents or the survivor appoint, and in default for children equally. Limitation to children, as the parents or the survivor of them appoint; and in default, as tenants in common in tail. Ditto. To use of children and issue, as tenants in common in fee, &c. In default of children, for husband or wife absolutely. Ditto. As to part according to wife's will, and residue for hus- band. Ditto. For issue of husband by any wife. For issue of the wife by any husband. Upon trusts of settlement of even date. To continue money on mortgage, or call in, &c. To receive share under will, life assurance money, &c. General investment clause personalty. Trusts for investment, and power to vary securities. Ditto. Trusts for conversion of personal estate. Uses or trusts according to appointment by lady, whether married or sole. For heirs, or next of kin. Trusts for sale. Trusts for sale of real estate. Ditto. Trusts for sale of undivided shares of real estate. To use of trustees for a term. To use of trustees for term for securing pin-money, join- ture, or portions. Limitation of a jointure rent-charge with powers and term. Limitation of jointure rent-charges, to take effect in different events, with powers and term. Trusts of term to secure pin-money. Ditto. Trusts of term to secure jointure rent-charge. Ditto. Trusts of term for raising portions. Ditto. Trusts of copyholds to correspond with uses of freeholds. Trusts of leaseholds to correspond with uses of free- holds. Trusts for renewal of leases, and grants for lives or years. Trusts for renewal of leaseholds, and the payment of rent, and performance of covenants. Trusts to renew leases on such terms as trustees shall think reasonable ; to surrender subsisting lease ; to mortgage for raising fines, &c., and to pay interest and rent out of income and profits. Survivorship and accruer clause. 1 Dav. 292. „ 309. 2 Rouse, 248. „ 248. „ 244. 1 Dav. 297. 2 Eouse,245. 1 Dav. 298. „ 293. „ 294. 2 Eouse, 245. „ 245. „ 246. „ 246. 1 Dav. 290. Ship. 56. „ 56. 2 Eouse, 249. „ 250. 250. Ship. 55. 1 Dav. 287. „ 288. Ship. 55. 2 Eouse, 251. 1 Dav. 314. „ 311. „ 313. 2 Eouse, 252. „ 254. 1 Dav. 314. „ 314. 2 Eouse, 255. 1 Dav. 342. „ 343. Ship. 673. 2 Piatt, 643. 2 Eouse, 257. Digitized by Microsoft® 430 WARRANTS OF ATTORNEY. 87 89 90 91 92 93 94 Trust of one term of years to attend the inheritance in trust for a purchaser. Trust for two or more terms of years to attend the inheri- tance in trust for a purchaser. Trust for one term of years to attend the inheritance in trust for a mortgagee. Trust for two or more terms to attend the inheritance in trust for a mortgagee. Trust of one term of years to attend the inheritance for the protection of a purchaser and to cease under the act. Trusts in settlements of moneys. Trusts of policies of life assurance. Eents and profits of real estate until sale, to be applied as income of purchase-money. Uses and trusts in Wills, see Wills, post. VESTED LEGACY (see Wills, post). VICARIAL TEINDS OR TITHES (s«e Tithes, awfe). VIVUM VADIUM, VIFGAGE, OR HIRING PLEDGE {see Moet&ages (Welsh), ante). VOLUNTARY SETTLEMENTS {see Settlements, ante). WAIVER. 1 Waiver by lessor of past breaches of corenant by a lessee. WARRANTS OF ATTORNEY. Warrants. 1 Warrant of attorney. 2 Ditto. 3 Warrant of attorney to confess judgment. a. Defeasance to be indorsed on the warrant of attorney contained in the last precedent given to secure the payment of £ and interest. 4 Warrant of attorney to enter up judgment with defeasance indorsed thereon. 5 Ditto. 6 Warrant of attorney to confess judgment in debt. a. Defeasance. 1 Day. 404. „ 405. „ 405. „ 406. „ 406. Clay. 184. 1 Dav. 261. „ 299. Green. 295. Hawk. 85. Bird, 30. 2 Prid. 613. „ 615. 2 Crabb, 900. Ship. 710. R. P.M. 217. „ 218. Digitized by Microsoft® WARRANTS OF ATTORNEY. 431 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 82 33 Warrants — continued. Warrant of attorney to confess judgment in action of debt, and defeasance indorsed thereon, for securiog pay- ment of a balance of account, with interest, at a future day. Ditto. Warrant of attorney to confess judgment in any of the colonies. Ditto. Warrant of attorney to secure repayment of £100 and interest at £5 per cent. Warrant of attorney to secure the repayment of moneys lent, by yearly instalments. Warrant of attorney for securing payment of a debt (with variation). Warrant of attorney by way of collateral security to a mortgage. Variation where a policy of assurance has been assigned as an additional security. Warrant of attorney with defeasance as collateral security for money secured upon mortgage of a policy of assur- ance. Warrant of attorney by principal and surety, with de- feasance indorsed, for securing the payment of a debt on a future day. Warrant of attorney and defeasance, given by a beneficed clergyman, to secure to a purchaser a life annuity not redeemable, and not otherwise secured. Warrant of attorney, to confess judgment in ejectment. Ditto. Ditto. Ditto. Ditto. Warrant of attorney given to the public officer of a bank- ing company. Warrant of attorney in ejectment to enforce delivery of lands if awarded. Warrant of attorney to enforce payment of money awarded. Warrant of attorney in debt on bond. a. Defeasance thereon, where the amount is to be paid by instalments. Assignment of bonds and warrants of attorney to enter up judgment, the moneys not being yet due, nor judg- ments entered up. Warrant to enter up satisfaction on a conditional sur- render of copyholds. Ditto. Ditto. Warrant or authority to a steward of a manor to enter upon the court roll satisfaction of moneys due on mortgage. Warrant of attorney to enter up satisfaction of judg- ment. Ditto. 9 Byth. 563. 1 Jones, 247. 2 Jar. 462. Kelly, 183. 2 Hug. 414. „ 416. 3 Wilde, 825. 2 Hug. 420. 2 Dav. 1157. 9 Byth. 571. 574. 1 Eouse, 466. Ship. 714. R. P. M. 221. Robin. 203. 3 Wilde, 833. Hawk. 86. Russ. 739. 741. Robin. 201. „ 202. Bird, 48. 3 Wilde, 819. Green. 244. 2 Crabb, 1507. 3 Wilde, 832. 2 Prid. 616. 3 Wilde, 831, Digitized by Microsoft® 432 WILLS. Defeasances. 34 Defeasance to warrant of attorney (indorsed thereon) ■where the principal and interest are payable by instal- ments (a short form). 35 Defeasance to warrant of attorney to secure a debt by instalments, the whole being made payable on non-pay- ment of any instalment. 36 Defeasance to warrant of attorney, where the payment of a principal sum is postponed to a future day, and interest is made payable in the meantime half-yearly. 37 Defeasance to be indorsed on a warrant of attorney for securing the payment of a sum of money (with varia- tions). Afildavits. 38 Affidavit of execution of warrant of attorney. 39 Ditto. 40 Ditto. 41 Affidavit for leave to enter up judgment on warrant of attorney after a year. 42 Ditto. 43 The same where the warrant is given in debt on bond. Warrants of attorney to secure the payment of annuities (see Annuities, ante). WARRANTY {see also Guarantee, ante). 1 Warranty of a horse. WATERS AND WATERCOURSES. Grants of {see Grants, ante). Exception op {see Exceptions, ante). WAY (RIGHT OF). Grants of {see Grants, a^ite). Exceptions op {see Exceptions, ante). WELSH MORTGAGE {see Mortgages, ants). WIFE {see Baron and Feme, ante). WILLS. Common Forms in Wills. Commencements Ditto. Ditto. Ditto. Appointments of executors, trustee!?, and guardians. Ditto. 9 Byth. 567. „ 568. „ 569. 3 Wilde, 816. R. P. M. 220. Hawk. 91. 2 Jar. 457. Hawk. 92. Eobin. 206. 208. Bate. 395. 11 Jar. 429. H. & J. 421. R. P. M. 239. Ship. 721. 11 Jar. 430. H. & J. 423. Digitized by Microsoft® WILLS. 433 Common Forms in WiLL's—contmued. 7 Appointment of executors and guardians. 8 Ditto. 9 Ditto. 10 Appointment of guardians. 11 Appointment of executors. 12 Appointment of guardians with special directions. 1 3 Annuity to sister during guardianship. 14 Special executors, as to specific debt or specific chattels 15 Special executors, as to share in partnership, &c. 16 Special executors, as to policies, ready money, &c. 17 Special executors, as to mortgage. 18 Appointment of protectors of estate tail. 19 Appointment of executors in India. 20 Directions respecting funeral. 21 Ditto. 22 Ditto. 23 Directions to pay and charges of debts. 24 Ditto. 25 Ditto. 26 Charge of debts on specified property. 27 Ditto. 28 Confirmation of marriage settlement. 29 30 31 32 33 34 35 86 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Specific Bequests. Wearing apparel to servants. Wearing apparel. Ditto. Ditto. Various bequests of jewellery, books, curiosities, &c. Bequest of trinkets, furniture, specific and conditional bequests. Plate, linen, china, and library to children. Ditto. Consumable stores. Household furniture and effects. General bequest of goods in a house, with specific exceptions. Furniture, specified parts of Furniture, parts of, to one absolutely, or for life. Furniture to wife, generally. Ditto, to a certain value. Furniture, &c., to son on condition of quitting messuage. Furniture, leasehold house, &c., to wife for life, with pro- visions as to inventory, insurance, &c. Various gifts of furniture, &c., for benefit of wife and children; inventory, insurance, &c. Ditto. Furniture for separate use of A. B.; power to appoint, &c. Furniture, &c., for mother, brothers, and sisters, or such of them as shall live together ; afterwards to be sold and divided. Use of furniture. R. P. M. 239. 2 Rouse, 50. Ship. 722. 1 Dav. 359. „ 358. 11 Jar. 431. „ 433. „ 434. „ 453. „ 460. „ 462. H. & J. 457. 11 Jar. 571. „ 435. H. & J. 427. Ship. 722. 11 Jar. 435. „ 807. Ship. 722. R. P. M. 239. 2 Rouse, 51. 11 Jar. 436. „ 436. 2 Rouse, 62. Ship. 722. R. P. M. 248. 11 Jar. 437. H. & J. 436. 2 Rouse, 61. R. P. M. 248. 11 Jar. 439. „ 439. R. P. 440. M. 247. „ 248. „ 248. 11 Jar. 443. „ 443. „ 444. „ 445. „ 456. „ 446. „ 448. Ship. 722. Digitized by Microsoft® 434 WILLS. 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 C6 67 68 69 70 71 72 7'-! 74 75 76 77 78- 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Specific Bequests — continued. Authority to divide furniture among children, or sell. Plate, &c., as heir-looms. Ditto. Ditto. Heir-looms. Gift of chattels as heir-looms. Clauses containing provisions for testator's wife. Direc- tions that chattels shall go as heir-looms, and other clauses connected with settlements of real and personal estate. Bequest of pictures, &c., as heir-looms. Eeady money and personal chattels to wife, discharged of debts and legacies. Charge of legacy on specific real estate, with provision for discharge thereof. Money to wife for immediate support. Ditto. Money to one person. Dwelling-house and business premises, with stock-in-trade, to son, subject to wife's right to occupy certain rooms. Share in partnership ; special executorship. Bequests of share in business. Appointment of successors in partnership. Stock-in-trade and goodwill. Ditto. Bequest of stock-in-trade. Farming stock to devisee of farm. Term in farm, farming stock, &c. Ditto. Ditto. Farming stock. Stock in the funds, shares, &c. Stock in funds. Ditto. Ditto. Shares in canals, companies, &c. Ditto. Devise in strict settlement of real estate to several families in succession, with a bequest of railway stock and shares to go along therewith. Shares in ships. Ditto. Income of specific funds to wife for life, with proviso in cases of ademption. Policies of life insurance, &c. Ditto. Ditto. Ready money ; special executorship. Bond debt ; proviso for ademption. Money due on bond. Ditto. Money due on mortgage. Ditto. 11 Jar. 449. „ 449. ., 451. „ 859. H. & J. 478. 1 Dav. 395. 3 Hug. 41. Love. 538. 11 Jar. 452. H. & J. 434. E. P. M. 246. 2 Eouse, 58. E. P. M. 246. 11 Jar. 453. „ 443. H. & J. 442. 11 Jar. 454. „ 454. „ 455. Ship. 726. 11 Jar. 455. E. P.M. 254. 2 Eouse, 68. 11 Jar. 455. Ship. 722. 11 Jar. 456. E. P. M. 249. 2 Eouse, 62. Ship. 723. E. P. M. 2 t9. 2 Eouse, 62. Clay. 208. 2 Eouse, 63. E. P. M. 249. 11 Jar. 460. „ 460. E. P. M. 249. 2 Rouse, 63. 11 Jar. 461. „ 461. E. P. M. 249. 2 Eouse, 63. „ 63. E.P. M. 250. Digitized by Microsoft® WILLS. 435 Specific Bequests — continued. 95 Mortgage debt and estate ; special executorship ; ademp- tion. 96 Ditto. 97 Bond debt owing from son-in-law to daughter. 98 Debt due from son-in-law. 99 Ditto. 100 Legacy to be deducted from debt, &c. 101 Legacies not to discharge debts, and not to lapse. 102 Ditto. 103 Eelease of debt. 104 Ditto. 105 Share of residue under father's will, with special powers. Gift of Annuities and Rent Charges. 106 Weekly payment to A. B. to cease on alienation. 107 Direction to purchase annuity for A. B. 108 Annuity to be paid out of income of a fund to sister, and legacies to her children or their issue. 109 Annuity to be purchased for a woman for her separate use. 110 Ditto. 111 Annuity (not exceeding £30) to be purchased through a savings' bank. 112 Annuities to several ; funds to be set apart for. 113 Annuities to nephews and nieces. 114 Direction to appropriate stock for annuity. 115 Annuities for several ; separate use of females ; cesser on alienation ; funds to be set apart for. 116 Annuities for several ; funds to be set apart for ; if in- sufiicient, to be paid out of capital. 117 Annuities for several ; funds to be set apart (short form). 118 Annuities. 119 Bequest of an annuity, with a power of distress. 120 If the annuity be to cease on bankruptcy. 121 Proviso to prevent the assignment of an annuity. 122 Annuity secured by investment in the funds. 123 Ditto. 124 Annuity to be purchased. 125 Ditto. 126 Annuity payable out of general investments. 127 Ditto. 128 {Trusts of residue.) Fund for annuity for wife, in lieu of dower. 129 {Trusts of residue.) Fund for annuity for wife, reducible on her marriage. 130 Annuity to testator's mother ; to be increased if brother discontinue allowance made by him ; fund for. 131 {Trusts of residue.) To pay annuities to mother and sister, and residue of income to widow ; after her death or marriage, to raise legacies for children ; lega- cies for married daughter settled on herself and 11 Jar. 461. ., 463. „ 463. E. P. M. 250. 2 Eouse, 64. 11 Jar. 463. E. P. M. 250. 2 Eouse, 64. 11 Jar. 464. Ship. 722. 11 Jar. 464. „ 465. „ 466. „ 468. „ 469. „ 472. „ 470. „ 471. ., 472. ., 472. „ 473. „ 474. » 475. H. & J. 431. Ship. 725. „ 725 w. „ 725 n. E.P. M. 251. 2 Eouse, 65. „ 66. E. P. M. 252. „ 252. 2 Eouse, 66. 11 Jar. 475. „ 477. ., 479. F F 2 Digitized by Microsoft® 436 WILLS. 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Gift of Annuities and Rent Charges — continued. children ; residue for testator's children, subject to a power of selection in widow ; proviso for abatement of legacies in case of deficiency of funds ; authority to purchase annuities after wife's death ; provision for wife to be for maintenance of herself and children. {Trusts of residue.) To apply weekly sum for benefit of improvident son or of his wife ; to accumulate any surplus for benefit of son's widow and children. {Trusts of residue.) Annuity for benefit of improvident brother, his wife, or children ; accumulation for benefit of wife and children ; power to appoint agents in Australia, and to delegate powers. Income of a sum of stock to be applied as trustees think fit for benefit of a son ; unapplied surplus to sink into residue. Annuity to cease on alienation (or to go over to annui- tant's wife, or to A. B.). Annuities to various persons ; cesser on alienation, bank- rnptcy, &c. ; as to daughters, for separate and inalien- able use ; maintenance during minorities. Beqnest of deferred annuities to a class. Eent-charge to widow [to commence when farming business is given up] ; powers of distress and entry. Ditto (concise form). Limitation of a rent-charge to testator's wife, with powers of distress and entry, and of a term to secure the same. Trusts of term for securing rent-charge and legacy duty thereon. Declaration as to management of estates, and receipt and application of rents during minority of tenant for life, or in tail of the entirety. Declaration as to management of estates, &c., during minorities of tenants in common for life and in tail of undivided shares. Rent-charge to trustee for separate and inalienable use of sister ; cesser on alienation. Ditto (concise form). Annuities charged on real estate in aid of personalty ; power to set apart funds for annuities. Rent-charge to trustees for separate and inalienable use of sister ; rent-charge to another sister and her hus- band for their joint lives, and reduced rent-charge to survivor ; rent-charge to brother ; charge on copy- holds and leaseholds ; apportionment ; legacy duty ; powers of distress and entry. Rent-charge to wife reducible on marriage ; power of appointment ; power to discharge part of the lands without releasing the rent-charge ; term to trustees to secure rent-charge ; copyholds and leaseholds made subject to the rent-charge (subject to rent-charges, the freeholds and copyholds are devised to two sons in 11 Jar. 480. „ 485. „ 486. ») 487. 5) 488. „ 488. H. & J. 489. 11 Jar 489. 492. 1 Dav. 359. J) 361. „ 363. „ 364. 11 Jar. 491. „ 493. „ 493. „ 494. Digitized by Microsoft® WILLS. 437 Gift of Aiwuities and Rent Charges— cowifrnwed moieties, with powers of appointment and cross limi- tations ; the leaseholds and personalty to the sons in moieties). 149 General directions as to annuities ; to commence from testator's death, payable quarterly ; apportionment ; separate and inalienable use ; cesser on alienation ; power to appropriate a fund. 150 Trustees may vary times of payment. ] 51 Charge of annuities on real estate. 152 Annuity charged on real estate. 153 Ditto. 154 Several annuities charged on real estate. 155 Ditto. 156 Term to secure annuity. 157 Ditto. 158 Restrictions and provisions as to annuities. 159 Ditto. 160 Annuities to be free of legacy duty. Pecuniary Bequests. 161 Legacies to wife, for immediate use, &c. 162 To wife. 1 63 Legacies to trustees, servants, &c. ; time of payment, &c. 1 64 Legacies to servants. 165 Ditto. 166 Ditto. 167 Legacy to be paid to M. N. by weekly instalments ; sur- plus for her burial. 168 Pocket-money for son. 169 Various provisions with respect to creditors, interest, lapse, vesting, &c. 170 Legacy to creditors. 171 Directions as to vesting. 172 Time of payment. 173 Ditto. 174 Order of priority. 175 Ditto. 176 Legacy to trustees for separate use of sister. 177 Legacy to be refunded on succeeding to an estate. 178 Legacy to son to be vested at 22 ; maintenance and advancement ; second legacy to vest at 24 ; not to be paid till death or marriage of widow. 179 Legacy to A. B.; not to lapse, or substitution of children in case of lapse, &c. 180 Trusts of pecuniary legacy. 181 Bequest of legacy, and if legatee die in testator's life- time, to his issue by substitution. 182 Legacy in trust for family of a son who is or may become bankrupt ; power to invest, &c. 183 Legacy in trust for improvident son ; income for him until alienated ; then for wife and children ; mainte- nance, &c. 11 Jar. 496. „ 501. „ 501. „ 502. R. P.M. 262. 2 Rouse, 81. „ 82. R. P.M. 263. „ 262. 2 Rouse, 81. R. P. M. 263. 2 Rouse, 82. 11 Jar. 502. „ 502. 2 Rouse, 58. 11 Jar. 502. R. P. M. 246. 2 Rouse, 59. Ship. 724. 11 Jar. 505. ,, 505. „ 506. Ship. 724. „ 724. 2 Rouse, 64. E. P. M. 250. „ 251. 2 Rouse, 64. 11 Jar. 507. „ 508. „ 508. „ 509. H. & J. 445. I Dav. 355. II Jar. 510. „ 510. Digitized by Microsoft® 438 WILLS. 184 185 186 187 188 189 ]90 191 192 193 194 195 196 197 198 199 200 201 202 PBOtrNiAET Bequests — continued. Legacy in trust for improvident son, his wife, and chil- dren ; the capital as well as income being applicable during his life. Legacies for testator's children at 21 or marriage ; sub- stitution of children of deceased children ; mainten- ance and advancement. Legacies to children with interest. Legacies to wife and children (including a natural child) ; investment ; maintenance ; advancement ; substitu- tion of children of deceased legatees. Legacy among children, nominatim; investment, main- tenance ; substitution of children of deceased children; accruer [variation where another child is let in under clause of accruer] ; interest on legacies to wife for maintenance ; power to settle legacies of daughters ; receipt clause. Legacies to unmarried daughters ; payment deferred until death of wife ; power to advance ; to settle a moiety of each legacy. Legacy of stock to the children of a sister, at 21 or mar- riage ; substitution of grand-children ; maintenance and advancement; authority to divide when the mother attains the age of fifty. Legacies to daughters on marriage ; power to daughters dying unmarried to bequeath £ ; accruer ; interest on contingent legacies ; maintenance ; substitution of smaller legacy and annuity on daughter becoming a nun. Legacy [of savings of separate estate] to trustees for two equally ; substitution of children ; investment ; main- tenance ; advancement. Legacies to younger sons ; interest. Legacies to testator's children, to vest immediately ; pay- able at 21 or marriage ; exclusion of children succeed- ing to the realty. Legacy to each of the children of A. B. to vest at 21 or marriage. Legacies to nephews and nieces at 21 or marriage ; cross limitations and gift over ; maintenance, &o. Legacy to the six children of A. B. ; substitution of children and widow or widower of a deceased child ; widow or widower to take one half share. Legacies to daughters, to be paid notwithstanding minority. Legacies to nephews and nieces as to the latter for their separate use. Legacies to nephews who attain 21 or leave issue ; maintenance out of income [or principal]. Legacies to children of brother ; power to apply or pay to the father or mother for benefit of infant legatee. Legacies to several infants, to vest at 21 or marriage ; investment, maintenance, and advancement ; legacies of 11 Jar. 511. 512. 514. 514. 516. 521. 522. 524. 525. 525. 525. 526. 526. 527. 527. 527. 528. 528. Digitized by Microsoft® WILLS. 439 Pecuniary Bequests — continued. legatees dying under 21 and unmarried to go to the others [or to sink into residue]. 203 Legacy among several at 21 or marriage ; substitution of children. 204 Legacy among several by name, and the children of deceased persons, per stirpes, at 21 ; substitution of children; investment, maintenance, and advancement. 205 Legacy among several by name, and the children of deceased persons, per stirpes, at 21 or on death, leaving a wife, husband, or issue ; substitution of personal representatives of those dying before testator, and leaving a wife, husband, or issue. 206 Legacies to nephews at 21, to nieces at 21 or marriage; substitution of children ; accruer between legatees. 207 Legacy to children of deceased daughter, to be paid to their father, with full discretionary power to deal with it as he thinks fit; power to invest or any security. 208 Legacy to executors. 209 Ditto. 210 Ditto. 211 Oonditionallegacy. 212 Ditto. 213 To an unincorporated society. 214 Legacy to a charity. 215 Ditto 216 Ditto 217 Charity legacies. 218 Devise intended for benefit of charities. 219 Ditto. 220 Several legacies. 221 Ditto. 222 Pecuniary legacies. 223 Ditto. 224 Miscellaneous forms of pecuniary legacies. 225 Legacy to one person. 226 Specified parts of furniture, &c. 227 To one absolutely or for life. 228 {Trusts of residue.) Annuity to sister for separate and inalienable use ; legacies to her children or their issue ; maintenance, advancement. 229 Appointment of portions under power in settlement; advancements by testator to be accounted for in exonera- tion of estates charged ; portions of married daughters for their respective use, with power of appointment. Settled Iiegacies. 230 Legacy to trustees to be invested (with special power to invest on mortgage, in railway stock, &c., and to appro- priate testator's securities) ; trusts for separate and inalienable use of married daughter for life ; power to appoint life interest in a moiety to husband ; for issue as she shall appoint (not to vest in unmarried infants). 11 Jar. 528. „ 529. ., 520. „ 530. „ 530. „ 501. E. P. M. 247. Ship. 724. 2 Eouse, 60. „ 60. E. P. M. 247. Ship. 724. R. P. M. 247. Clay. 213. 2 Rouse, 60. 11 Jar. 556. 2 Rouse, 111. R. P. M. 286. „ 246. 2 Rouse, 59. Ship. 723. H. & J. 427. 2 Hug. 770. 2 Rouse, 59. „ 60. „ 60. 11 Jar. 532. 533. Digitized by Microsoft® 440 WILLS. 231 232 233 234 235 236 237 238 239 240 241 242 Settled Legacies — In default, for sons at 21, and daughters at 21 or marriage ; substitution of children of sons dying under 21; hotchpot. In default of issue, as daughter shall appoint by will, or while discovert, by deed. In default, for her next of kin ; maintenance of infant children and grand-children ; power to pay maintenance money to guardians ; advancement. Legacy to trustees ; trust for investment, for separate use of daughter for life, and then for her children, with power of selection, and usual clauses; on failure of trusts, to sink into residue. Legacy to trustees for investment, for wife for life ; power to appoint to issue (including issue of living children). In default, for children at 2 1 or marriage ; hotchpot ; maintenance ; advancement. Trust for widow for life j'on death £ for her burial, and surplus among the survivors of five children and the issue of those who may be dead. Direction to invest or appropriate £ for nephew for life, then for his issue as he shall appoint. In default, for his children, daughters taking double the shares of sons ; hotchpot ; maintenance ; advancement. Legacy for investment ; in trust (subject to an absolute power in A. to appoint one moiety) for A. for separate and inalienable use for life, with power to appoint by will, or (being sole) by deed ; in default for her next of kin. Bequest of notes of the East India Company, mortgages, shares, and other securities to trustees ; power to convert, with consent of legatee or legatees for life, and to invest and vary investments ; to be possessed of funds in trust, &c. Legacy to trustees in trust to invest ; power to vary investments, with consent of legatee or legatees for life, and to be possessed in trust, &c. (concise form). Sum of consols to trustees, clear of legacy duty, for daughter's separate and inalienable use for life ; then for surviving husband for life ; then for her sons at 21, and daughters at 21 or marriage; substitution of children of sons dying before majority ; general power to appoint in default of issue ; ultimate limita- tion to daughter's next of kin. Legacy to be invested for (married) aunt for separate use for life ; then, for her two daughters. If aunt becomes imbecile, &c., trustees may apply iucome for her benefit; cesser of life-interest on alieuation. Bequest of chattels in a strict settlement. Bequest of personal estate to be laid out in land. Direction that trustees shall set apart a fund that will produce the annual sum of £ , out of which they are to pay a weekly allowance to a son of the testator, with a proviso for avoiding the bequest, in case of the son's attempting to alienate the allowance, or doing 11 Jar. 533. „ 539. „ 540. „ 541. „ 542. „ 543. „ 544. „ 545. 545. „ 547. Clay. 212. 1 Dav. 394. Digitized by Microsoft® WILLS. 441 Settled Legacies — continued. any act whereby such allowance would become vested in any other person. 243 Clauses by which trustees are directed to invest monies sufficient to produce a specified annual sum, and to pay the same to the separate use of a married woman, by monthly instalments, with power for her to ap- point the principal in case she survives her husband, but in case of his surviving her, to sink into the residue. 244 Special devises and bequests, residue to testator's nephew. 245 Converted realty for wife and children. 246 {Trusts of residue.) To appropriate £ Consols ; as to one moiety, for second son and his wife successively for life : then for son's children at 21, with substitu- tion of children ; as to the other moiety, upon similar trusts for third son and his issue ; cross-limitations of the two moieties; cesser of life-interests on bank- ruptcy, alienation, &c. ; power to third son to appoint life-interest to wife ; maintenance and advancement clauses (applicable where there is a determinable life- interest) ; cesser of life-interest not to exclude after- born children ; power to third son to settle on wife a moiety as against children, and the entirety as against the ulterior cestuis que trust. 247 Proviso for cesser of daughter's life-interest on as- signment. 248 Legacy, to be applied as married daughter shall appoint ; in default, to be invested for her separate use for life, and then for her children. 249 Legacies and bequests, and residue to wife or other person. 250 Legacies and bequests, and residue between children (adults) equally. 251 Legacies and bequests, conversion of residue and invest- ment ; income to wife for widowhood, afterwards between her and children, and principal on her death to children. 252 Legacies and bequests ; annuity to wife, and residue to children. 253 Carrying on a farm, or a trade; income to wife and children, and principal between children. 254 Legacies and bequests ; simple devisees; and residue to wife or other person. 255 Legacies and bequests ; residue of personalty to wife ; devise of real estate to wife for widowhood, with re- mainder to children according to her appointment. 256 Legacies and bequests ; residue of personalty to son, and real estate to wife for life, with power to charge, and subject thereto, to son. 257 Legacies and bequests; annuity to wife charged on real estate, and subject thereto, to son in fee, with residue of personalty 2 Hug. 720. „ 722. Prior, 168. „ 174. 11 Jar. 548. „ 552. ,, 555. 2 Eouse, 37. „ 37. » 38. „ 39. „ 40. „ 41. „ 41. „ 42. „ 42. Digitized by Microsoft® 442 WILLS. Settled Legacies — continued. 258 Legacies and bequests ; portion charged on real estate in favour of daughter/and same subject thereto, and residue of personal estate to son. 259 Legacies and bequests; residue between children; real estate in settlement. 260 Legacies and bequests; conversion and investment of personalty ; income to veife for widowhood, afterwards half and half, with principal after her death for children; simple devise of part of real estate, and settlement of other part. 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 Bequests of Residuary Personalty, Directions for Conversion, &c. All personal estate to one absolutely ; devise of mortgage estates, with power of appointment. Residue to one absolutely. Residue of personal estate. Residue to wife. Residue to trustees or children. Personalty to surviving children equally. Residue to children; substitution of issue of deceased children. Residue to several by name. Absolute gift of residue, with recommendation in favour of certain objects. Residue to trustees ; widow to select furniture for sepa- rate use for life. Residue to trustees ; to collect and get in credits ; power to compound debts, refer disputes, &c. ; to sell personalty ; and invest and change investments. Short form of trusts for conversion of residue ; power to continue testator's investments; to suspend conver- sion of leaseholds and reversion ; direction as to actual income. Full form of trusts for conversion; power to sell on credit ; to pay debts, legacies, &c. ; invest, and be possessed in trust. Power to invest and vary investments (applicable to specific funds as well as residuEiry estate). Trust to invest in the purchase of land, to be settled to uses of will. Residue for conversion ; proceeds to be disposed of as directed concerning proceeds of realty. General power to vary investments of any trust funds. Ditto. Short general direction as to investments of any trust monies, varying investments, and consent. Concise trusts for conversion of residue. Power to vary investment of specific fund. Recital of appointment of executors in India, and direction, subject to specific devise and legacy, to transmit residue to English executors ; confirmation 2 Rouse, 43. „ 44. „ 45. 11 Jar. 559. „ 559. 2 Rouse, 69. R. P. M. 254. „ 254. 11 Jar. 560. „ 560. „ 560. „ 561. 561. 562. „ 563. „ 565. „ 567. „ 568. „ 568. „ 569. H. & J. 492. 11 Jar. 569. „ 569. „ 570. Digitized by Microsoft® WILLS. 443 283 284 285 286 287 288 289 290 291 292 293 Bequests of Residuary Personalty, &g.-— continued, of Indian will; trustees to be possessed of residue, as to plate, trinkets, &c., for wife for life ; subject thereto, for conyersion; power to retain Indian and other investments. Short direction as to conversion of personalty, farming stock, &c. Power to partner to wind up partnership affairs without interference of executors. Power to suspend conversion of foreign securities ; actual income to be applicable as such. Power to continue loan to son-in-law ; furniture not to be sold without consent of wife. Authority to delay conversion; destination of actual income. Postponement of conversion. Power to invest in the purchase of realty or leaseholds ; to submit to special conditions, &c. ; to sell again ; purchased lands to be considered as personalty; ex- penses of renewals. Power to invest trust monies in the purchase of land, but to be considered as personal estate. Special trusts for investment of two legacies in Australian securities or in railway securities, &c. ; power to ap- point separate trustees in respect of Australian invest- ments. Authority to retain, make, and vary investments in India, employ agents, and delegate discretionary powers. After a residuary bequest of personal estate to two trustees upon trust for sale, conversion and invest- ment, as to getting in assets. Directions for carrying on Testator's Business. 294 Eesiduary devise and bequest to trustees ; authority to carry on trade for . years ; before expiration of years not to be bound to pay more than £ out of profits in respect of each daughter's share ; after years sons may purchase trade. 295 Eecital of partnership ; discretionary power to carry on trade ; renew partnership ; increase allowance or share of partner ; to reduce capital ; compound debts, &c. ; destination of profits to pay debts, legacies, &c. ; option to sons successively to take to trade, on giving security. 296 "Wife to carry on business until some son attains twenty- one and takes it ; power to trustees to vary amount of capital ; trustees to have access to accounts ; one half of profits to wife (the other for maintenance of children); valuation to son ; son to give bond ; appropriation of profits made by son during widow's life ; sale in case of death of wife before a son comes in. 297 Singular provisions (short form) ; power to lend legacies 11 Jar. 571. 572. 572. 573. 573. 573. H. & J. 494. 11 Jar. 574. 2 Jones, 352. 11 Jar. 575. ,, 577. 2 Jones, 350. 11 Jar. 577. „ 579. „ 581. Digitized by Microsoft® 444 WILLS. DiEECTIONS FOR CAERYING ON TbSTATOR'S BUSINESS — continued. to widow, to be employed in trade ; ultimate division of residue among wife and children equally. 298 Trusts for carrying on trade of a sugar refiner during wife's life and minority of son ; power to commit management to a son or sons ; to diminish capital ; option to sons to purchase all or a specified amount of capital ; conversion and investment ; power to leave purchase monies on personal security ; son or sons to receive one-fourth of profits during minority. 299 Bequest of leasehold coal and iron works and residue to trustees ; to convert residue, except coal and iron works ; to carry on works for years ; accounts to be audited by wife and children, or guardians of grandchildren ; power to give son a share, &c. 300 Appointment of successor in partnership under a power in the articles. 801 Power to caiTy on a farm. 302 Ditto. 303 Trusts for carrying on a trade by wife and son. 304 Ditto. 305 Trusts for carrying on a trade (fall form). 306 Ditto. Dispositions of Eesiduary Beal and Personal Estate, Trusts for Conversion, &c. 307 Eealty and personalty to A. B. ; charge of debts. If A. B., be dead, appointment of executors, and devise to such uses as they shall appoint, and, subject thereto, to A. B.'s children equally ; substitution of children of deceased children. 308 Eesidue in trust as wife shall appoint; .subject thereto, for her life, and then for children (by reference to trusts for portions). 309 Eesidue to children and issue of deceased children ; power to partition among devisees. 310 Eesidue (except copyhold) to trustees, with power of appointment over freeholds and copyholds. 311 Eesidue to trustees of marriage settlement, to and upon the uses and trusts thereof ; short power to sell, exchange, convert, &c. 312 Eealty and personalty to trustees for absolute conver- sion ; reversionary interests not to be sold ; authority to sell copyholds ; to compound claims, &c. ; to pay debts and legacies ; invest surplus ; power to lease until sale ; to drain, improve, manage, &c. ; receive rents of copyholds ; application of rents until sale ; trustees' receipts ; to be possessed of residue in trust. 313 Another form. 314 Authority to defer calling in debts owing by son-in-law ; such debts to be taken at their nominal value in dis- tributing the residue. 11 Jar. 585 588. „ 590. „ 593. 2 Eouse, 101. E. P. M. 276. 2 Eouse, 102. E. P. M. 277. 2 Eouse, 104. E. P. M. 279. 11 Jar 594. ?J 594. J5 595. 35 595. „ 596. 596. 608. 601. Digitized by Microsoft® WILLS. 445 315 316 Dispositions of Eesiduary Real and Personal Estate, Trusts for Conversion, &c. — continued. Power to set apart any debts owing from testator's sons, and transfer them to the trustees of certain legacies in satisfaction thereof; to leave debts from sons out- standing at interest, or by way of partnership. Absolute trusts for conversion of freeholds and copy- holds (whether to be held on the trusts of personalty or not) ; surplus proceeds to be held on trusts of personalty [or to be invested and held in trust, &c.] ; power to lease, repair, manage, receive rents of copy- holds, &c. Absolute conversion of mixed residue of realty and per- sonalty ; reversionary interests not to be sold ; pay- ment of debts and legacies ; investment. Freehold and copyholds [and leaseholds] to trustees upon certain trusts, with power to convert and invest ; power to grant husbandry, mining, building, and improving leases ; to repair and manage, &c. ; trusts either by reference to trusts of personalty, or not. Shorter form. Mixed residue to trustees ; discretionary power to sell realty ; trusts of realty declared separately by refer- ence to personalty (very concise). Discretionary power to sell realty after death of tenant for life. Eealty for absolute conversion (concise). Eealty and personalty on the same trusts ; discretionary power to sell realty ; reversions not to be sold ; power to partition among cestuis que trust ; power to purchase lands ; to lease for mining, &c., to partition, exchange, enfranchise, &c.; unsold leaseholds and reversions to be valued and considered as sold {or, actual income to be applied as such). Devise, on failure of prior gifts, in trust to sell and dis- tribute. Realty to such uses as trustees shall appoint ; subject thereto, to wife for life ; remainder (except as to copy- holds) to trustees in fee ; wife to repair and insure ; power to trustees to do so on her default, and recover expenses ; leasing power to wife ; discretionary power of sale after wife's death, or before, with her concur- rence ; actual income of leaseholds ; charge of debts and legacies. Power to sell, subject to wife's life interest under a settle- ment ; accumulation of income during her life, if sold subject to her life interest. Realty to wife for life, then to be sold ; wife to keep in good repair and cultivation, and insured ; trustees to do so on her default ; power to wife to lease ; discre- tionary power of sale after her death, or with her con- sent : declaration as to reversions : power to trustees to manage, let, &c. ; to sell or mortgage in wife's life- time for debts [or, legacies]. 317 318 319 320 321 322 323 324 325 326 327 11 Jar. 601. „ 602. 612. 616. 617. 619. 619. 620. 624. 624. „ 626. 626. Digitized by Microsoft® 446 WILLS. 328 329 330 331 332 333 334 335 Dispositions of Eesiditaey Real anb Peesonal Estate, Trusts for Conyersion, &c. — continued. Realty to such uses as trustees shall appoint, in default to them in fee (except copyholds, which are devised to wife for life); discretionary power of sale, &c. Realty and residue of personalty for sale and conversion ; usual powers; constructive conversion (Mr. Hayes's form). Power to appropriate part of purchase-money for indem- nity of purchaser. Residue and actual income to be held on trusts declared of produce. Trustees to hold produce of residuary personalty, upon trust, &c. Trust for investment of produce of residue ; power to vary investments [as to part with consent]. Trustees may let farm to purchaser of stock. Option to son to purchase at a valuation ; indemnity to purchasers ; (variation containing executory devise to son purchasing). 336 Power to lease famished house until sold. 337 Concise discretionary trust for sale of realty [where annuities are charged] ; produce to be held on trusts of personalty. 338 Interim proiits of realty to go as income ; leaseholds to be valued and considered as sold [or, actual income to be applied as such]. 339 Trusts for sale and conversion, and trusts of proceeds. 340 After a residuary devise and bequest of real and personal estate to trustees for sale and conversion. 341 Authority to postpone conversion ; destination of interim income ; realty to be considered as personalty ; lapsed interests in realty to go to next of kin. 342 Authority to postpone conversion ; interim income to be invested ; annuity in lieu thereof. 343 Direction concerning rents until sale ; realty to be con- sidered as converted (applicable to a specific devise). 344 Unsold annuities and reversions to be valued ; interest on value in lieu of income. 345 Interim income to be accumulated, and a fair allowance made by trustees in lieu thereof 346 Accruing shares, general directions as to. 347 Leaseholds and reversions, &c., to be considered as sold. 348 Realty to be considered as converted ; option to children to take as realty or as personalty. 349 Authority to postpone sale and payment of legacies (except certain ones); interest. 350 Establishment to be kept up for six months ; mourning for servants. 851 Wife and children to occupy house until sold ; outgoings charged on residue. 352 Authority to carry on farming business ; wife to assist ; house for residence ; trustees to apply competent part of surplus profits for maintenance of wife and son ; realty 11 Jar. 631. „ 632. „ 634. „ 634. „ 634. „ 635. „ 635. 635. 636. 636. H. 71 & J 637. 463. 2 Jones , 351 11 Jar. 637. JJ 639. ); 640. ?j 640. H. & J 11 Jar. 641. 494. 641. Jj 641. ;» 642. j> 642. 3J 643. Digitized by Microsoft® WILLS. 447 Dispositions op Residuahy Real and Personal Estate, Tbusts foe Conversions, &c. — continued. (subject to annuities), farming stock, &c.; for son at 21, or on death leaving issue ; substitution of children ; if he die under age without issue, realty to be sold and invested; power to discontinue business; to let; to raise debts and legacies by mortgage, &c. ; provision in case of sale or mortgage while annuities are subsisting ; appropriation of fund for annuities ; power to sell on- credit; power to trustees to purchase. Trusts of Specific or Residuary Funds of Personalty. 353 Income to wife during widowhood, charged with main- tenance, &c., of children ; capital to sons at 21, daughters at 21 or marriage ; daughters' shares settled on them for separate and inalienable use for life, subject to cesser on alienation ; then for issue as they shall appoint. In default, for children ; if no children, for next of kin ; power to appoint life-interests to husbands ; main- tenance and advancement of testator's children and of daughters' issue ; substitution of grand-children for children dying before testator, on failure of previous trusts, as wife shall appoint (Mr. Hayes's form). 354 Wife for life, with power to appoint to children living at her death, and issue of deceased children. In default, for children living at her decease and issue of those dying before her, per stirpes ; maintenance. In default of issue, as she shall by will appoint; or for her executors or administrators ; if she marry, power and appointments to cease ; power to pay maintenance fund to parent or guardian. 355 Income to wife during widowhood ; then (no power of appointment) to sons at twenty-one, daughters at twenty-one or marriage ; maintenance and advance- ment ; daughters' shares for separate and inalienable use for life ; then to their children and issue, as they shall appoint ; in default, to children at twenty-one, &c. ; on failure of issue, as daughters shall appoint ; or for their next of kin ; hotchpot ; power to bequeath life-interests to husbands ; maintenance and advance- ment of daughters' children. 356 Income to wife for life, for maintenance of herself and children ; then for children and issue of deceased children surviving her, per stirpes (no power of ap- pointment) ; if no such issue, to testator's brother ; maintenance and advancement. 357 Income of a moiety to wife during widowhood ; subject thereto, entirety for sons at twenty-five, and daughters at twenty-one or marriage, sons' shares being double those of daughters ; substitution of issue of children dying before vesting age ; on failure of issue, remain- ing moiety to wife for life, and then entirety for niece and her children, by reference to trusts for daughters ; 11 Jar. 643. :„ 652. „ 657. 661. „ 669. Digitized by Microsoft® 448 WILLS. Teusts of Specific oe Residuaet Funds of Pbesonalty — continued. ultimate bequest to tmstees ; maintenance and ad- vancement ; trusts of daughters' shares for separate and inalienable use for life ; then for children, with clause of accruer between the children and also between the families ; maintenance ; advancement ; power to bequeath life-interests to husbands. 858 Immediate trust for children by name, and issue of deceased children ; investment of shares of grand- children J maintenance and advancement (applicable to shares in realty). 359 Immediate trust for sons at twenty-five or marriage, and daughters at twenty-one or marriage (including an illegitimate daughter) ; maintenance ; a moiety of each daughter's share settled on her and her children, with general testamentary power in default of issue, and ultimate limitation to next of kin ; maintenance of daughters' issue ; vesting of grandsons' shares post- poned to twenty-five, if not too remote. 360 Wife for life ; then for issue as she shall appoint ; in default, for issue surviving her, per stirpes ; hotchpot. 361 Immediate trust for [certain of the existing children by name, and all after-born] children, sons at twenty-one, daughters at twenty-one or marriage ; investment, main- tenance, and advancement ; a moiety of each daughter's share settled on her for life (subject to cesser on aliena- tion) and her issue, with power of selection ; on failure of daughter's children, for testator's other children or issue living at decease of daughter, as she shall appoint, and, in default, equally, per stirpes ; hotchpot ; main- tenance and advancement ; power to bequeath to hus- band a life interest in a moictv as against children, and in the entirety if no children ; power to trustees to settle the other moieties of shares of daughters marrying under age. 862 Trusts of general estate for benefit of wife, children, and sister, principally in the form of annuities and pecu- niary legacies. 363 Immediate trust for children (except eldest son or other child taking the real estates) ; accruer of share of any child dying or becoming an elder child during mi- nority ; maintenance and advancement ; if no younger child, for only son ; if no son, for only child. 364 Legacy for children or issue, as wife shall appoint by will ; in default of appointment, to fall into residue ; residue for issue at twenty-four or marriage, per stirpes ; share of son marrying without consent, and dying under twenty-four, settled for benefit of his widow (as to one moiety) for life, and children, subject to testamentary power of selection ; if no child, as to one moiety, as he shall by will appoint, and in default, to his widow ; as to the other moiety, for testator's other children ; similar provisions in respect of daugh- 11 Jar. 671. 678. 678. 683. 684. 692. 692. Digitized by Microsoft® WILLS. 449 365 366 Trusts op Specific oe Residuary Funds of Personalty— continued. ter's shares ; accruer of shares of residue ; maintenance ; advancement by majority of trustees. For testator's issue, per stirpes, at twenty-one ; if none, for widow if living and unmarried ; if not, for sister ; maintenance and advancement. For son (by name) attaining twenty-one, or leaving issue, substitution of son's children ; maintenance and ad- vancement out of income or capital ; on failure of issue as to one-fourth for wife ; remainder settled on three nieces and their children ; maintenance, accruer ; on failure of their issue, for surviving niece. 367 Separate and inalienable use of step-daughter for life ; then as she shall appoint by will ; in default for her executors, &c. ; power to appoint £ — to husband. 368 One-fourth to elder son absolutely ; substitution of his children ; maintenance and advancement ; one-fourth to be invested for younger son for life, subject to gift over on bankruptcy, alienation, &c., for benefit of his wife and children ; accumulation of income in default of objects ; after his death for his wife and children ; maintenance and advancement ; ultimate trust in default of issue ; discretionary power to pay the capital to younger son ; remaining fourths settled on two daughters and their issue ; maintenance and advance- ment. 369 Trusts of one-fourth ; as to a moiety of income for son's widow for life ; subject thereto, the fourth for grand- son ; maintenance and advancement ; if grandson die under twenty-one without issue, over. 370 (Trusts of residue, and profits of coal works) Annuity to wife ; residue of income for son and three daughters for lives ; capital for their children per stirpes ; accruer ; on failure of preceding trusts, to raise £ — for each child then living of testator's brother ; and residue for brother ; maintenance and education of legatees for life, and grandchildren. 371 One moiety for eldest son absolutely ; if he die before testator, for his wife and children, by reference to the trusts of a legacy ; other moiety for testator's daughter and her husband successively for life, and then for her children. 372 Declaration as to class of children to be entitled, and time of transfer, where prior life-interests may be forfeited. 373 Survivorship and accruer as to shares of children of sons and a daughter ; ultimate gift to next of kin. 374 Annuity to wife for life, subject thereto, one moiety for married daughter and her husband successively for life; then for her issue surviving her and her husband, per stirpes (subject to power of selection). On failure of issue, one half of her moiety for testator's son if he survive daughter and her husband ; if not, for his widow for life and his surviving issue, per stirpes (sub- 11 Jar. 696. „ 703. „ 705. „ 708. „ 709. „ 716. „ 717. „ 722. „ 723. „ 725. Digitized by Microsoft® 450 WILLS. Trusts op Specifio or Ebsiduary Funds of Personalty — continued. ject to power of selection) : on failure of such trusts, upon trusts of the other half of the moiety ; as to the other half of the moiety, for married daughter and her surviving husband successively for life ; then for her surviving issue per stirpes (subject to power of selec- tion) : on failure of such trusts, upon trusts of the first mentioned half ; and on failure if all the trusts of such moiety, as elder daughter shall appoint ; and, in default, for her absolutely ; similar trusts of the other moiety for younger daughter, &c. ; hotchpot, and maintenance and advancement clauses. 375 For such issue as shall survive the widow (tenant for life), and attain 21, or leave issue, per stirpes. 376 For children at 25 ; substitution of issue of those dying under 25, per stirpes, to take at 21, or 25 vfhere not too remote. 377 For two cousins for separate use for life ; then for their children attaining 21 or leaving issue, with cross limitations ; maintenance and advancement. 378 Wife for life, for maintenance of herself and children ; then for children ; on failure of children, for brothers and sisters for lives, equally, then for issue of brothers and sisters attaining 21 or leaving issue, or (being females) marrying, per stirpes ; subject to power of selection. 379 In default of children living to take, for wife, if living and unmarried ; if not, for sister. Trusts of Personalty (Short Forms). 380 Moiety of income to wife for life ; residue for issue, per stirpes, at 21 or marriage ; maintenance and advance- ment. 381 Annuity to wife ; subject thereto, upon trusts of realty. 382 Residue to issue, per stirpes. 383 For issue, per stirpes, attaining 21, or leaving issue ; shares of girls for separate [and inalienable] use. 384 For issue, per stirpes, sons attaining 21 or leaving issue, daughters attaining 21 or marrying; shares of girls for separate and inalienable use. 385 For issue surviving wile and attaining 21 or marrying, per stirpes. 386 For son at 21 ; substitution of his issue attaining 21 or leaving issue or (daughters) marrying, per stirpes ; on failure of trusts, over. 387 Eesiduary realty and personalty for widow for life, for maintenance of herself and children ; then for issue, per stirpes, subject to power of selection. 388 For issue, per stirpes, at 21 or marriage ; maintenance ; shares of daughters settled on them and their issue, subject to power of selection ; advancement. 389 For issue, per stirpes, at 21 or marriage [except one son]. 11 Jar. 726. „ 738. „ 739. „ 740. :, 741. „ 743. ., 743. „ 744. „ 744. „ 745. » 745 )> 745 ;5 746 ?) 746 )) 747 ?J 748 Digitized by Microsoft® WILLS. 451 390 391 392 393 394 395 396 397 398 399 400 401 402 Trusts of Pbesonaltt (Short Forms) — con Trusts for children as parents shall appoint. For children and issue of deceased children for life, and then to their issue at 21, subject to power of selection; cross limitations ; hotchpot. Income during wife's life for equal benefit of herself and issue, per stirpes ; after her decease, for issue. Income to wife during widowhood ; then to children (including step-daughter) at 21 or marriage (except issue taking real estate) ; maintenance. Income of realty and personalty for wife during widow- hood for maintenance of herself and children ; after marriage of wife, one half of income for her and residue for children. Subject to annuities, income for maintenance of grand- children and remoter issue until expiration of lives and 21 years ; capital among all issue then liying equally ; accumulation for twenty-one years from testator's death. In default of issue of testator, to issue of his father and mother. Appointment under settlement to husband for life ; capital to children [except eldest son] ; in default of children, to husband. One-half of income of a moiety for wife of improvident son ; power to pay not more than a specified part of remaining income to son ; capital for son's issue, per stirpes ; other moiety for daughter and her issue ; cross-limitations ; maintenance and advancement. One-ninth of income to each of five sons until 25 ; then one-ninth of capital to each son, or his children, with cross-limitations ; remaining shares to three daughters and a son for life (subject to forfeiture on alienation), and capital as each shall appoint by will ; in default of appointment, to their children. As to estate at — and £ — to apply so much of income and capital as trustees think fit for benefit of son ; accumulation of surplus ; power to apply income and capital for benefit of his wife and children ; ultimate trust for son's issue, per stirpes, — subject to power of selection by will; general testamentary power in default of issue. For son at 21 ; substitution of children ; if no child, one-fourth to his wife; residue to three nieces and their children, with cross-limitations, and ultimate limitation to survivor. For issue, if any ; if no issue, one-third for brother for life, and then for his children, subject to power of selection ; four-sixth of another third for children of deceased brother for lives, and then for their children ; two other sixths for children of deceased nieces; cross-limita- tions ; remaining third for benefit of lunatic brother ; and after his death, any surplus for his next of kin. Eesiduary devise and bequest upon trust for wife and family. H. & J. 460. 11 Jar. 748. „ 749. „ 749. „ 750. „ 750. „ 751. „ 752. „ 754. „ 756. „ 757. „ 757. H. & J. 475. G G 2 Digitized by Microsoft® 452 WILLS. Trusts op Personalty (Short Forms) — continued. 403 Residue of realty and personalty to be divided into as many parts as there are children ; two parts for son and daughter by former wife, — daughter's share settled ; cross-limitations ; the other part for wife absolutely, or if she be dead, for children by her for life, and then for their issue, per stirpes, subject to power of selection ; cross-limitations ; if wife survive and have no issue, one moiety to her and the other to issue by former wife. 404 Eealty and personalty for widow and issue, per stirpes, in equal shares. 405 Eealty and personalty ; £ — to be invested for illegiti- mate children ; substitution of issue and gift over on death under age without issue ; residue as wife shall appoint ; subject thereto for her for life, and then for children. 406 Eealty to wife for life, then to be sold ; proceeds for children attaining 21, or leaving issue. 407 For children of a living person (whether tenant for life or not) attaining 21, or leaving issue, and the children of deceased children ; shares of girls for separate use. 408 For children of a living person; sons attaining 21, or leaving issue; daughters attaining 21, or m.arrying ; and children of deceased children. 409 For brothers and sisters for life, and then for their issue, per stirpes ; cross-limitations ; females to take for separate use. 410 For brothers and sisters by name, in shares for their lives, and then for their issue, per stirpes ; with cross limitations. 411 For surviving brothers and sisters, or their issue, for their lives, then for their issue, per stirpes. 412 For several persons by name, at 21, or marriage, with substitution of children. 413 For several persons by name, and the children of de- ceased persons, per stirpes, attaining 21, or leaving issue ; substitution of children. 414 Concise forms of various kinds of conditions adapted to bequests of real and personal estate. General Directions respecting Bequests. 415 Maintenance, education, and advancement clauses (gen- eral form). 416 Short provision for maintenance and advancement of minors (applicable to every legacy and every interest in real and personal estate under the will). 417 Authority to pay maintenance-money to parent or guardian. 418 Proviso explanatory of widow's obligation to maintain children out of profits and income. 419 Maintenance and advancement. 420 Advancement clause. 11 Jar. 761. „ 761. 763. 763. 764. 764. 764. 765. 767. 767. 768. 2 Hug. 848. 11 Jar. 768. „ 769. „ 770. 771. H. & J. 490. 1 Dav. 853. Digitized by Microsoft® WILLS. 453 General Dieections respecting Bequests — continued. 421 Advancement clause. 422 Maintenance clause. 423 Accumulation clause. 424 Trusts in meantime for maintenance, and to accumulate surplus. 425 Ditto. 426 To advance not exceeding one-third of each share. 427 To apply shares of children deceased, leaving issue. 428 Ditto. 429 General power to invest and vary investments. 430 Investment of minors' shares and legacies, &c. ; main- tenance. 431 Provision for abatement of legacies and annuities, if funds in default. 432 Time for delivery and payment of specific and pecuniary legacies. 433 Priorities of legacies. 434 Legacies not to be in satisfaction of debts. 435 General provision against lapse. 436 Provision vfhere legatee, or legatee's husband or parent, is indebted to testator. 437 Legacy duty to be paid out of residue. 438 Legacies charged on realty. 439 Legacy duty on life-interests to be paid out of residue. 440 Fund for legacy duty. 441 Advancements by testator to be deducted. 442 Advancements not to be in satisfaction of portions. 443 General bequest of personalty in trust for conversion. 444 Sums subsequently advanced to children to be pro lanto in satisfaction of their shares or legacies. 445 Trusts for legatee during life, or until bankruptcy or insolvency. 446 Trust for testator's brothers and sisters and the issue of any of them dying in his lifetime, per stirpes. 447 Directions as to lapse of charges on lands, lapsed shares of residue, &c. 448 Children supposed to be illegitimate to participate. 449 Provision for presenting son to church living ; son, if presented by testator or his trustees, to allow for the value of the presentation. 450 Eights of preemption. Devise of Trust and Mortgage Estates. 451 Mortgage and trust estates to trustees. 452 Ditto. 453 Ditto. 454 Ditto. 455 Ditto. 456 Ditto. 457 Ditto. 458 Mortgage and trust estates to wife, with power of ap- pointment. R. P. M. 271. 1 Dav. 354. „ 354. R. P. M. 271. 2 Rouse, 93. „ 93. 94. R. p'.'m. 272. 11 Jar. 771. „ 771. „ 772. „ 773. „ 775. „ 775. „ 775. „ 775. „ 775. „ 776. „ 776. „ 776. „ 776. „ 778. I Dav. 351. „ 353. „ 355. „ 355. II Jar. 779. „ 780. „ 780. H. & J. 461. 11 Jar. 781. Ship. 724. 2 Jones, 355. 2 Rouse, 84. H. & J. 494. R. P. M. 265. I Dav. 358. II Jar. 781. Digitized by Microsoft® 454 WILLS. Devise of Teust and Mortgage Estates — continued. 459 Mortgage estates to trustees, with power of appoint- ment. 460 Devise of trust estates. 461 Devise of estate held in trust for A. to uses, to bar dower in his favour ; other trust estates to son. 462 Devise of trust estates held under a will to special trustees. 463 Appointment of cestuis que trust under a money settle- ment, of which testator is trustee, to be executors in respect of settled funds. Devises of Real Estates. 464 Simple devise in fee. 465 General devise of estates, in trust, to raise money by sale or mortgage. 466 Direction for trustees to invest money. 467 Declaration as to the trusts. 468 Devise to uses and subject thereto in fee. 469 General devise of real estate in trust for sale. 470 Trusts of produce of sale, and conversion of real and personal estate. 471 Freeholds and copyholds to A., with power of appoint- ment. 472 Devise in fee simple. 473 Ditto. 474 Devise for life, and afterwards in tail general, &c. 475 Ditto. 476 Devise to daughters successively in tail general. 477 Ditto. 478 Devise to sons in tail male, then in tail general, and daughters successively in tail general. 479 Ditto. 480 Devise in special tail. 481 Ditto. 482 Devise to two or more, as tenants in common, or joint tenants. 483 Ditto. 484 Devise to widow during widowhood. 485 Ditto. 486 General residuary devise and bequest. 487 Ditto. 488 Devise or appointment under a power. 489 Ditto. 490 Devise to secure portion to daughter, and, subject thereto, to son in fee 491 Ditto. 492 Devise for life, with power to appoint to children. 493 Ditto. 494 Devise for life, with power to charge. 495 Ditto. 496 Freeholds to uses to prevent dower ; proviso against lapse. 1 1 Jar. 783. Green. 407. 11 Jar. 785. „ 787. „ 788. 2 Eouse, 70. Ship. 726. „ 727. 727. 2 Eouse, 70. 1 Dav. 350. „ 352. 11 Jar. 789. R. P. M. 255. Ship. 728. E. P. M. 255. 2 Eouse, 71. E. P. M. 256. 2 Eouse, 71. E. P.M. 256. 2 Eouse, 71. E. P. M. 256. 2 Eouse, 71. „ 84. E. P. M. 264. 2 Eouse, 83. E. P. M. 264. 2 Eouse, 83. E. P. M. 264. 265. 2 Eouse, 85. „ 85. E. P. M. 265. „ 266. 2 Eouse, 86. „ 87. E. P. M. 267 11 Jar. 791. Digitized by Microsoft® WILLS. 455 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 Devises of Real Bstates- Messuage to wife for life, she repairing and insuring, and then to son in fee, with power of appointment. Discretionary power to trustees to relinquish or complete a pending contract of purchase. Freeholds to nephew in fee ; to have the purchase-money, if sold. Legacy to trustees in lieu of estate, if sold. Devise to cousin and her unmarried daughters succes- sively, on condition of residence. To daughter in fee, with power of appointment, and trust for separate use. Fee simple for separate use of married woman ; inalien- able during coverture. To nephew in fee, with power of appointment ; trustees to manage and receive rents for maintenance during minority; substitutionary gift. Estate in mortgage, cum onere, except arrears of interest. Clause in a will devising premises which were in mort- gage to the testator. Realty to trustees, with power of appointment (subject to annuities). Realty (except copyholds) and personalty to trustees ; power of appointment over freeholds and copyholds ; trust for widow during widowhood, she repairing, in- suring, &c., and maintaining infant and unmarried children ; annuity to be on marriage ; then for issue attaining twenty-one, or leaving issue, per stirpes. Advowson in trust to sell ; authority to postpone sale for purpose of presenting a son ; authority to sell to son who may be presented ; value of presentation to be allowed for. Advowson (to living of which testator is iucumbent) in trust to present a person above 65 years of age, and then to sell. Trusts for sale of an advowson. Trusts for presenting son to advowson. Ditto. Realty to trustees, with power of appointment, to pay debts by sale or mortgage ; specific devise to grand- son at twenty-one, or marriage ; substitution of his children ; on failure of children, as to part, to two nephews with cross-limitations, the other part to be sold for benefit of children of sister living at grand- son's decease. Six houses, with yard and pump, to A. in fee ; six ad- joining houses, with right of way over yard and use of pump, to B. in fee ; A. to covenant for production of title deeds. Copyhold cottages to such uses as equitable mortgagee shall appoint ; subject thereto (and to widow's right to reside in one, and to a weekly payment to her, re- coverable by distress and entry, and to legacies to children recoverable by distress and entry), to son in 11 Jar. 791 J? 793 J) 793 )) 705 jj 795 >) 795 i) 796. 3J 796. 3? 797. 2 Jones 377. 11 Jar. 797. 798. 800. 801. R. P. M. 285. „ 284. 2 Rouse, 110. 11 Jar. 802. 804. Digitized by Microsoft® 456 WILLS. Devises op Real Estates — continued. fee, cum onere, "with power of appointment ; power of sale given to mortgagee. 517 Cliarge of debts and legacies, and power to sell and mortgage. 518 Trust for payment of debts not to exclude statute of limitations. 519 Devise subject to legacy and interest, recoverable by distress and entry. 520 Power to trustees to appoint realty and raise debts and legacies by sale or mortgage. 521 Power to raise debts and legacies by mortgage ; provi- sion as to rent-charges. 522 Charge of debts on specific real estate and personalty, paripassu. 523 Specific devise subject to legacy ; power of sale to legatee ; title-deeds to trustees in trust to allow legatee to prepare abstracts, &c. 524 Devise of incumbered real estate, cwn onere, to wife for life, and then to children ; discretionary powers to trustees to deal with incumbrances ; power to parti- tion among devisees ; maintenance and advancement. 525 If mortgagee of settled estate sells, trustees may receive and invest surplus proceeds. 526 Mortgaged estates to be taken cum onere. 527 Specific demise to son charged with legacies (one given in trust) ; power to raise legacies by distress and entry. 528 Devise charged with legacies ; authority to trustees to receive legacies ; power to trustees to raise legacies by sale, mortgage, distress or entry ; to raise interest for maintenance ; advancement. 529 Trusts for children, with cross-limitations and gift over ; substitution of grandchildren. 530 Trusts for testator's three children for life, and after- wards for their children. 531 Ditto. 532 Power of appointment to trustees ; devise to issue, per stirpes ; accruer on death under twenty-one without issue. 533 Authority to receive rents for maintenance (general form). 534 Specific lands to brother for life ; remainder to his children in fee, with cross-limitations. 535 Trusts of lands (except leaseholds for short term) for wife for life ; then for issue, per stirpes, attaining twenty- one or leaving issue (subject to power of selection) ; hotchpot. 536 Specific messuages for residence of wife and children ; then to be sold for benefit of issue ; option to eldest son to purchase. 537 Realty to trustees, with discretionary power of sale, and power to partition among devisees. 538 To brother for life, remainder to his children in common in tail, with cross-remainders ; leasing power. Jar .805. 3J 807. ?) 807. ;j 808. )» 808. 3) 809. !) 810. 810. 812. 814. 814. „ 814. „ 815. „ 817. E. P. M. 285. 2 Rouse, 110. 11 Jar. 817. „ 818. „ 818. „ 819. „ 820. „ 820. „ 821. Digitized by Microsoft® WILLS. 457 Devises of Real Estates—. 539 To two in common in fee, witla cross-limitations on death under 21 without issue. 540 To several in common in fee, with cross-limitations on death under 21, without issue. 541 To several in common for life ; remainder to trustees for sale, for benefit of surviving issue of devisees for life, per stirpes ; investment, maintenance. 542 Gift over, in case A. B. would become entitled. 543 Devise of lands which may descend from brother, to uses of marriage settlement. 544 Farm, in trust, for three sons for life ; remainder for their children, per stirpes ; cross-limitations in trust. 545 Trust for two daughters for life, for separate and inalien- able use; then for their children ; specific devise to^a grandson in fee ; maintenance ; leasing power. 546 Dwelling-house, &c., to wife for life ; subject thereto, all real estate to son in fee, with power of appoint- ment; power to receive rents during minority for maintenance. 547 To nephew ia fee; powers of management, &c., during minority ; gift over on death under age. 548 Strict settlement (concise) ; first and other sons for lives, and their sons in tail male ; daughters concurrently for lives, and then sons in tail male ; sons and daughters concurrently in tail general ; tenants in tail, born in testator's lifetime, made tenants for life; maintenance; accumulation; payment of mort- gage debts ; power to charge jointures and portions. 549 Strict settlement ; rent-charge to wife ; further rent- charge during widowhood ; only son for life ; remain- der to his first and other sons in tail male ; remainder to other sons of testator and their issue in like manner ; remainder to sons of first son in tail general ; remain- der to first and other daughters of first son in tail general ; remainder to sons and daughters successively of second and other sons ; remainder to testator's daughter for life, then to her sons in tail male, then to her sons in tail general, then to her first and other daughters ia tail general ; remainder to testator's second and other daughters, and their issue, &c. ; remainder to trustees in fee to raise £ — for daughters of niece ; maintenance and accumulation ; powers to limit jointures and portions; power to daughters to limit life-estates or rents to husbands. 550 Strict settlement. Estates in Yorkshire to trustees for a term, to pay debts and legacies ; subject thereto, to elder daughter for life ; then to her sons succes- sively in tail male ; then to her sous in tail general ; then to her daughters successively in tail general ; then to younger daughter for life, &c. ; similar limitation of Lincolnshire estate to younger daughter in strict settlement, with remainder to elder daughter in strict settlement ; remainder to niece in strict 11 Jar. 821. JS 821. JJ 822. )) 823. 3) 824. 5» 824. 825. 826. 828. 828. 832. Digitized by Microsoft® 458 WILLS. Devises op Ebal Estates- settlement ; power to daughters and niece to ap- point rent-charges to husbands ; clause reducing estates tail of persons born in testator's lifetime to estates for life, with power to such persons to limit rent-charges to their husbands or wives; name and arms clause ; proviso for shifting one of the estates, if they come together ; appointment of protectors, with power to supply vacancies ; heir-looms. 551 Devise in fee, to trustees upon trust declared, to uses in strict settlement, equitable limitations to children in common in fee, &c. 552 Strict settlement. Eldest son for life, and his first and other sons in tail male ; then to second and third sons, and their sons in tail male ; remainder to trustees for sale for benefit of testator's then surviving daughters and the children of deceased daughters; maintenance. 553 Strict settlement. Only son for life ; remainder to his first and other sons in tail general ; remainder to his daughters concurrently in tail, with cross-remainders ; power to son to limit jointures and portions, and, in case of death without issue, to charge a gross sum by will. 554 Strict settlement of copyholds. 555 Freeholds to son for life ; remainder to his issue as he shall appoint (but not so as to take transmissible interests before majority or marriage) ; in default of appointment, to son's children equally in fee ; clause of accruer ; hotchpot ; maintenance ; in default of issue to first son, to like uses for second son and his issue. 556 Trust on death of children and issue. 557 Ditto. 558 Trusts for testator's children, as wife shall appoint, &c. 559 Trusts, to sell and convert personalty. 560 Ditto. 561 Trusts to sell real and personal estate, part directly and part on death of wife. 562 Ditto. 563 Trusts, to invest proceeds of sale, &c. 564 Ditto. 565 To pay dividends, &c., to wife during widowhood. 566 Ditto. 567 Trusts after her marriage, between her and her children. 568 Ditto. 569 To pay annuity to wife. 570 After decease of wife upon trust for children at 21. 571 Ditto. 572 Trusts, daughters' shares to be settled. 573 Ditto. 574 Devise to second and other sons successively in fee ; re- mainder to daughters as tenants in common in fee. 11 Jar. 845. H. & J. 447. 11 Jar. 861. „ 862. Prior, 325. 11 Jar. 866. 2 Rouse, 94. R. P. M. 272. 1 Dav. 352. R. P. M. 267. 2 Rouse, 88. „ 89. R. P. M. 268. „ 269. 2 Rouse, 90. „ 90. R. P.M. 269. „ 269. 2 Rouse, 91. „ 90. ■ „ 91. R. P. M. 270. „ 270. 2 Rouse, 92. Clay. 210. Digitized by Microsoft® WILLS. 459 Devises of Real Estates — continued, bio Devise to first and other sons successively in strict settle- ment in tail. 576 Limitation to daughters in strict settlement. 577 Limitation of real estate to collateral relations in strict settlement in tail. 578 Accumulation and remote vesting. Eealty to trustees in fee to receive rents during numerous lives and 20 years ; during 21 years to pay annuities to sons (to cease on alienation), and invest surplus rents in pur- chase of realty ; at expiration of 21 years to pay rents to persons who would be entitled in the order of a strict settlement to testator's first and other sons and their sons successively in tail male ; at the end of the term to convey to person then being testator's heir male, or heir in tail general. 579 Hot-chpot clause. 580 Ditto. 581 Ditto. Powers relating to Real Estate. 582 Concise forms of various kinds of powers adapted to settlements of real estate. 583 Power to trustees to lease purchased lands. 584 Common leasing power to tenants for life (sons and daughters successively), and trustees during mino- rities. 585 Leasing power to sons successively. 586 Leasing power to trustees of lands devised in trust. 587 Leasing power to tenants for life, tenants in tail, or trustees during minorities. 588 Short power to grant leases. 589 Ditto. 590 Power of leasing for 21 years. 591 Ditto. 592 Ditto. 593 Power to trustees [or, to tenants 'for life or in tail] to grant building leases. 594 Power to grant building leases. 595 Ditto. 596 Ditto. 597 Power of leasing real estate held in trust for sale. 598 Short power to lease lands subject to power of sale. 599 Power to trustees to lease trust estates, with consent of wife. 600 Short power to trustees (with consent of wife, if living) to grant husbandry, mining, &c., leases ; to exchange, partition, sell ; investment. 601 Power to grant mining leases. 602 Ditto. 603 Ditto. 604 Leasing power to tenants for life or trustees. 605 Short power to tenants for life or in tail, and trustees Clay. 211. „ 211. „ 212. 11 Jar. 869. 1 Dav. 853. E. P. M. 273. 2 Kouse, 95. 2 Hug. 862. 11 Jar. 873. „ 878. „ 874. „ 874. „ 875. E. P. M. 286. 2 Eouse, 111. 1 Dav. 376. 2 Eouse, 75. E. P. M. 258. 11 Jar. 875. 1 Dav. 377. 2 Rouse, 76. E. P. M. 259. I Dav. 356. II Jar. 876. „ 876. „ 876. 1 Dav. 879. E. P.M. 259. 2 Eouse, 76. 11 Jar. 877. Digitized by Microsoft® 460 WILLS. 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 Powers relating to Real Estate — continued. during minorities, to grant husbandry [and mining, &c.] leases. Short power to trustees (with consent of adult tenants for life) to grant building, mining, and improving leases ; to partition, enfranchise, exchange, sell, in- vest. Special power to trustees or tenants for life to renew leases of copyholds, and common leasing power, and power to grant licences to demise copyholds. Power to trustees to sell, exchange, enfranchise, partition, invest in the purchase of lands. Short power to sell, exchange, or partition. Power to make partition. Ditto. Ditto. Power to sell or exchange. Ditto. Ditto. Power to female tenant for life, to appoint rent-charge to husband. Ditto. Ditto. Power of enfranchisement. Power of granting licences to copyholders. Option to A. B. to purchase part of settled estates at a valuation. Power to partition among devisees in common. Powers to lease, lay out streets, squares, &c., to renew leases, to mortgage and sell, &c. Power to tenants for life to fell timber for repairs ; authority to trustees to [complete alterations in man- sion-house and generally to] improve estates settled to vest at a remote period. Power to charge jointures. Ditto. Ditto. Power to charge portions. Ditto. Ditto. Power to mortgage real estate before it shall become saleable under previous trusts. Eents and profits of real estate until sale to be applied as the income of purchase monies. Proviso against constructive conversion. Ditto. Power to postpone sale and conversion of real and per sonal estate, with ancillary provisions. Power to postpone sale, and to effect enfranchisement. Ditto. Trusts for accumulation. Ditto. Trusts as to partnership. Ditto. 11 Jar. 877. 877. „ 879. „ 880. „ 884. 2 Rouse, 77. R. P. M. 260. 1 Dav. 383. R. P. M. 261. 1 Dav. 384. 2 Rouse, 78. „ 80. R. P. M. 261. I Dav. 372. „ 380. „ 381. II Jar. 885. „ 887. H. & J. 482. 11 .Tar. 887. R. P. M. 256. 2 Rouse, 71. 1 Dav. 371. R. P. M. 257. 2 Rouse, 72. 1 Dav. 374. 2 Jones, 354. 1 Dav. 356. 2 Rouse, 95. R. P. M. 272. 1 Dav. 357. E. P. M. 273. 2 Rouse, 97. ,. 98. R. P. M. 274. » 284. 2 Rouse, 109. Digitized by Microsoft® WILLS. 461 Powers Eelating to Real Estate — contmued. G42 Power to settle partnership accounts. 643 Ditto. 644 Trusts of term for raising portions for younger children of testator, with usual clauses. 645 Clause of cesser, if will controverted. 646 Proviso for cesser of term. 647 Ditto. 648 Authority to trustees to appoint bailiffs, &c. 649 Tenants for life to repair and insure ; trustees, on default, may do so, and recover costs by distress and entry. 650 Power to trustees to manage and receive rents during minorities of tenants for life in tail or in fee [or of a particular devisee], for maintenance ; to raise money for advancement ; to depute powers to guardians. 651 Authority to trustees to permit son to reside in mansion- house (vesting deferred). Devises of Copyholds. 652 Copyholds to the uses declared of freeholds. 653 Ditto. 654 Copyholds to A. with power of appointment. 655 Copyholds to A. in fee, subject to a trust for B. for life. 656 Devise of copyholds, where sale to be postponed or enfranchisement effected. 657 Ditto. 658 General devise of copyholds to such uses as trustees shall appoint, and in default of appointment to trus- tees for sale. Bequests of Leaseholds. 659 Leasehold messuage in trust for sister for life ; then for daughter. 660 Leasehold in trust for wife's residence, and, subject thereto, for sale. 661 Devise of leaseholds on trusts corresponding with uses of freeholds. 662 Leaseholds (generally). 663 Leaseholds (more full form). 664 Ditto. 665 Ditto (concise form). 666 Apportionment of ground rent. 667 Kenewable leaseholds in trust to renew, with power to raise expenses ; trust for first son who first attains 21 ; if no son, for first daughter who attains 21 or marries ; if no son or daughter, for wife ; accumulation of rents for investment in purchase of lands to be added to settled freeholds. 668 Renewable leaseholds to go with freeholds in strict settle- ment ; trust for renewal ; power to insure lives. 2 Rouse, 109. R. P. M. 284. 1 Dav. 367. 2 Jones, 359. R. P. M. 266. 2 Rouse, 86. 11 .Tar. 888. 889. 889. 890. „ 891. 1 Dav. 390. 11 Jar. 891. „ 892. 2 Rouse, 96. R. P. M. 273. I Dav. 351. II Jar. 892. „ 893. 1 Dav. 390. R. P. M. 253. „ 253. 2 Rouse, 67. „ 67. R. P. M. 253. 11 Jar. 894. „ 896. Digitized by Microsoft® 462 WILLS. Bequests of Leaseholds — confirmed. 669 Trusts for renewal of leases and grants for lives or years. 670 Trust of leaseholds in strict settlement. Conditions. 671 Condition not to dispute will. 672 Clause to be inserted in a will prohibiting any party claiming thereunder from disputing it. 673 Provision for wife to be in lieu of dower. 674 Rent-charge to wife in lieu of life-interest under settle- ment. 675 Wife and children to release claims. 676 Children to confirm sale by testator of a settled estate. 677 Name and arms clause. 678 Ditto. 679 Ditto. 680 Ditto. 681 Shifting clause. Trustee Clauses. 682 Trustees' receipt clause. 683 Ditto. 684 Ditto. 685 Trustee clauses — for one set of trustees. 686 Trustee clauses — for two or more sets of trustees. 687 Receipts and powers of trustees. 688 Consents and further powers. 689 Further powers to trustees. 690 Ceneral trustee provisoes. 691 Special powers. 692 Indemnity to purchasers and mortgagees. 693 Ditto. 694 Power to appoint trustees (general form). 695 Power to appoint trustees ; variations. 696 Ditto. 697 Ditto. 698 Ditto. 699 Provision for several sets of trustees. 700 Power to appoint additional trustees. 701 Provision for increasing and diminishing number of trustees when a large number is appointed. 702 Clauses for shifting trust estates. 703 Power to appoint trustees (Mr. Hayes's form). 704 Power to appoint trustees (short form) ; variation where only one trustee is originally appointed. 705 Other forms. 706 Power to appoint trustees, where there are separate trustees of a particular fund. 707 Special powers in respect of daughters' shares, and of a rent-charge. 708 Recommendation [or nomination] of friends to supply vacancies. I Dav. 391. II Jar. 898. H. & J. 495. Green. 407. 11 Jar. 898. „ 899. „ 900. „ 901. 2 Rouse, 99. H. & J. 480. R. P. M. 275. 1 Dav. 392. H. & J. 481. 11 Jar. 901. 1 Dav. 359. H. & J. 503. 1 Dav. 396. „ 398. 2 Rouse, 53. „ 54. „ 54. R. P. M. 240. „ 242. 11 Jar. 902. 2 Jones, 355. 11 Jar. 902. „ 904. R. P. M. 243. 2 Rouse, 56. 2 Jones, 357. 11 Jar. 905. „ 907. „ 908. „ 909. „ 609. „ 910. „ 910. „ 913. „ 913. „ 914. Digitized by Microsoft® WILLS. 463 Teustee Clauses — contitimA. 709 Imperative direction to supply Tacancies. 710 Indemnities to trustees. 711 Protection of trustees, costs, &c. 712 Ditto. 713 Special provisions for protection of trustees. 714 Ditto. 715 Trustees to take advice of A. B. 716 General power of management to trustees. 717 Legacy to newly appointed trustees. 718 Commission to trustees on monies received. 719 Power to trustees to purchase trust property. 720 Majority of trustees may act. 721 Provision for settling questions of construction, &c. 722 Trustees to decide questions as to advances by tes- tator, &c. 723 Ditto. 724 Authority to trustees to charge for business done as solicitors. (To follow at the end of indemnity clause.) 72,5 Solicitor, trustee, to charge professionally. 726 Ditto. 727 Ditto. 728 Appointment of executors, discretionary powers to com- pound debts, &c. 729 Power to executors to continue a loan. 730 To release a debt. 731 Clauses negativing the operation of 23 & 24 Vict. c. 145. 732 Ditto, of the powers of investment given by 22 & 23 Viot. c. 35, and 23 & 24 Vict. c. 145. 733 Ditto, of the Settled Estates Act. 734 Ditto, of Locke King's Act. 735 Concise forms in wills. 736 Conclusion of will. 737 Ditto. 738 Ditto. 739 Attestation. 740 Ditto. 741 Ditto (three forms). Wills of Real and Personal Estate. 742 Of real estates in strict settlement. Limitation to trustees for a term of hundred years, remainder to use of tes- tator's eldest son for life, remainder to each of the sons of testator's son born in his lifetime successively for life, remainder to iirst and other sons of such sons successively in tail male, remainder to first and other sons of testator's son, born after testator's death, suc- cessively in tail male, with divers remainders over in tail male and in tail general. Trusts of the term to raise deficiency of personal estate for payment of debts and legacies and portions for younger children. The shares of daughters being settled to their separate use 11 Jar. 915. „ 916. 2 Rouse, 56. R. P. M. 244. „ 244. 2 Rouse, 57. 11 Jar. 917. H. & J. 495. 11 Jar. 918. „ 918. „ 918. „ 918. „ 918. 2 Rouse, 95. R. P. M. 272. 2 Jones, 358. R. P. M. 244. 2 Rouse, 57. 1 Dav. 400. 11 Jar. 920. 2 Jones, 358. „ 359. H. & J. 504. „ 504. „ 505. „ 505. Hous. 283. 2 Rouse, 57. R. P. M. 245. Ship. 728. „ 728. 2 Rouse, 58. R. P. M. 245. Digitized by Microsoft® 464 WILLS. 743 744 745 746 747 748 749 750 Wills op Eeal and Pebsonal Estate — continued. for life, with remainder to their children, with the usual trusts for maintenance, &c. Power for married daughter to appoint life interest to her husband. Pro- vision as to the receipt of rents during minority of person entitled to real estate. Powers for tenants for life to jointure, to charge with portions for younger children. Powers to grant running leases. Power to grant licences to copyholders. Power of sale, exchange, and enfranchisement. Devise of copyholds to trustees and bequest of leaseholds to trustees upon trusts to correspond with limitations of freehold estates. Bequest of personal chattels as heirlooms. Trustee clauses. Devise in strict settlement. Devise of real estate, subject to a rent-charge. To sons in strict settlement. Eemainder to daughters as tenants in common in tail. Statutory power of sale. Bequest of leaseholds on trusts corresponding with uses of freeholds. Eeal estate in strict settlement, with legacy and jointure to wife. Eeal estate in strict settlement, with full powers and clauses, including the trusts of a term for securing advancements to portionable younger children of tes- tator, and of the successive tenants for life : the trusts of a term for securing portions to testator's younger children ; limitations reducing the estates of testator's grandsons to life estates ; provisions as to the ad- vancements out of portions ; power of mortgaging ; bequests of heirlooms ; clauses as to renewable lease- holds ; permission to the testator's wife to reside in his mansion-house rent free ; and other clauses. Will devising estates to the uses of a strict settlement made upon the testator's marriage. Will of real and personal estate ; settling strictly the principal real estate, and providing portions foryounger children out of the personal estate. Will of real estate. Devise of real estate in strict settle- ment, with powers of jointuring and charging portions, and powers of sale and exchange. Appointment of protectors of estates tail. Bequest of leaseholds and devise of copyholds upon trusts corresponding with uses of freeholds. Appointment of executors (trustee clauses). Devise of freehold estates to trustees to sell. Authority to sell copyhold estates. Eesiduary l)equest of personal estate to convert and to invest produce of estates on real or government securities. Interest to testator's wife for life, then to testator's children as wife shall appoint, with usual clauses. Gift over to testator's brothers and sisters, on failure of preceding trusts. Power to appoint new trustees, &c. Power to compro- mise claims. 2 Crabb, 1534. Dav. Con. 433. 444. Prior, 175. „ 175. H. & J. 409. Lang. Ap. 33. Chr. 404. 2 Crabb, 1569. Digitized by Microsoft® WILLS. 465 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 "Wills of Eeal and Peesonal Estate — continued. Eeal and personal estate to be sold, part immediately, and part on death of widow, and proceeds invested ; income to widow, &c., and capital to children at her death ; with power to carry on a farm. Will of freehold and personal estate, in trust for wife, children and grand-children. "WiU of real and personal property, with devises and bequests to wife, son and daughters. Ditto. Short form of will of real and personal estate directed to be converted into money. Will of real and personal estate, subject to legacies and two life annuities. WiU bequeathing real and personal property upon trusts for nephews and a niece. Will containing a great variety of devises and bequests. A last will and testament, disposing of real and personal estate, in favour of the testator's wife and children, subject to specific and pecuniary legacies and annuities; the shares of daughters being strictly settled. Will of freehold, copyhold and personal estate, in trust for sale, and to divide produce among testator's brothers and sisters. Will of freehold, leasehold and personal estates, in favour of a second wife, of testator's unborn children by her, as to freehold as tenants in common in fee, and as to personal estate absolutely, and if none, in favour of testator's grand-children, and issue of his daughter by her first wife, with remainder to their first and other sons as tenants in common in tail male, with divers remainders over. Will of a nobleman, limited real estates to his three un- married daughters, minors, successively for life, with remainder to their first and other sons in tail male, to their daughters as tenants in common in tail general, with cross remainders, and a devise of other real estate and leaseholds for sale, with a clause of pre-emption as to the latter. Will directing a strict settlement to be made of the testator's estates, with the usual powers, provisoes, &c. Will of freehold and leasehold estates in strict settlement. Will devising an estate to testator's wife for life, re- mainder to his brother in fee, and charging an annuity on another estate to testator's wife, with a power of distress, and subject thereto to his brother in fee, and bequeathing several legacies. Will of real and personal property. Bequest of effects, &c., to wife ; legacies to a sister and to an infirmary ; devise of freeholds in D. to secure rent-charge to wife, and subject thereto to trustees for terms of years, with remainder to sons and daughters successively in tail male ; trusts of term to secure rent-charge, and for raising portions ; power of leasing ; devise and bequest 2 Eouse, 46. Ship. 729, „ 732. Moore, 209, Ship. 737. 2 Jones, 297. Moore, 210. „ 214. 2 Hay. Intr. 200. 2 Jones, 298. 305. 324. 372. 378. 400. Digitized by Microsoft® 664 WILLS. Wills of Real and Personal Estate — continued. of copyholds and leaseholds in same county, upon trusts similar to freeholds ; devise and bequest of resi- due of real and personal estate to trustees, upon trust for sale and conversion ; trusts of residuary moneys to pay faneral and testamentary expenses, debts and legacies, and to invest in government or real securi- ties, with power to vary the same, and pay the produce to wife for life, and after her death to divide the residue among testator's children. Powers of mainte- nance, accumulation, and advancement. Power to suspend sale of real estate ; rents and profits until sale. Devise and bequest of trust and mortgaged estates. Appointment of executors, and power to them to com- pound debts ; appointment of guardians ; receipts of trustees. Power of changing trustees. 0. 252. 767 Devise and bequest of real and personal property. Devise of an estate to testator's cousin, subject to a mortgage debt. Bequest of £5000 reduced annuities to trustees to pay dividends to son, until bankruptcy, insolvency or anticipation, and afterwards to his wife and chil- dren, in discretion of trustees, during his life, with remainder to J. K. Legacy for the benefit of infant son ; residue to testator's eldest son absolutely ; ap- pointment of executors. ,, 264. 768 Will of real and personal estate. Bequest of legacy to wife, free from legacy duty ; legacy to servants ; be- quest of leaseholds for years ; devise of leaseholds for lives, upon trust to pay rent and observe covenants, and to obtain renewal of leases, and subject thereto for wife for life, remainder to son absolutely ; residue of real and personal estate, upon trust to realise and invest the produce, and vary the securities, and out of trust moneys to pay annuity, and raise a given sum, and subject thereto upon trust for wife during widow- hood, she maintaining infant children ; subject to before-mentioned trusts, trust moneys t(3 go amongst children of testator ; in default of children, for tes- tator's brother for life, remainder to his children equally ; trustee, who is a solicitor, to be entitled to make professional charges. „ 267. 769 Will of real and personal estate. Devise of lands to son on his attaining twenty-one ; in case of decease of son during minority, the property to fall into residue ; power to trustees to apply rents and profits of estate during minority of son for his benefit ; devise and bequest of residue of real and personal estate, upon trust for sale and conversion, and for investment and varying securities, and to pay income to wife for life ; after death of wife, trust moneys to go amongst chil- dren, as wife shall appoint ; in default of appointment, amongst children equally ; issue of children dying in lifetime of testator, to take parent's share ; hotchpot I clause. 1 „ 271 Digitized by Microsoft® WILLS. 467 "Wills of Real and Personal Estate — continued. 770 Will of real and personal estate. Trusts for sale and conversion, and investment of proceeds ; income for wife for life, remainder for children equally ; shares of daughters for themselves for life, after their deaths as they may respectively appoint ; remainder for the children of daughters equally ; in default of children, as such daughter may appoint. Subject to appoint- ment for other children, equally ; hotchpot clause ; power to each daughter to appoint life interest to her husband ; powers of maintenance and advancement as to shares of children ; powers of maintenance and advancement as to shares of children and grand- children ; accruing shares to be subject to trusts of original share ; power to each daughter to revoke trusts declared for her share. 771 Will of real and personal property. Bequest of lease- holds and household effects ; legacy to children re- spectively, except an eldest son, such legacies to be taken in satisfaction of moneys due from testator ; devise of real estate to trustees for 500 years, and subject to trusts of term, to son for life, remainder to his sons successively in tail male, and then to his daughters as tenants in common in tail general, re- mainder to second son and his sons and daughters similiter ; trusts of term of 500 years ; power to trustees to apply rents and profits for maintenance of persons entitled during minorities, and to accumulate surplus ; power of sale and exchange ; power- to give receipts for sale moneys ; trustees to lay out sale moneys in the purchase of other hereditaments of a freehold or copyhold tenure, and to settle same to uses of will ; trustees to lay out moneys until purchase, and pay income to persons entitled to rents of hereditaments to be purchased ; power of jointuring, and power to charge hereditaments with portions. 772 Will of real and personal estate for the benefit of the testator's wife and children. 773 Will of real and personal estate. Bequest of leasehold house. Pecuniary legacies. Specific devise of freeholds subject to a mortgage. Residue to one son. 774 Devise of real and personal estate. Bequest of annuity. Trust for benefit of one son. Residue for other children. 775 Will giving entire real and personal estate in favour of an only child. 776 Will of a married man, disposing of real and personal property in trust for his wife and children. 777 Will of a married man, without children, disposing of his freehold and leasehold estates, and personal property, amongst his relations. 778 Will devising real estate in trust for sale, the produce to be invested with the personal estate. Life-interest in one moiety to the wife. Capital to children in un- 0. 274. „ 278. Dav. Con. 401. 415. 424. 11 Jar. 958. Love. 522. 529. H H 2 Digitized by Microsoft® 4G8 WILLS. Wills of Ebal and Personal Estate — continued. equal shares. Daughters' shares settled with cross limitations. Life annuities determinable on alienation. 779 Will. Part of real estates to wife for life; subject thereto, the whole to son in fee. Legacy to wife for life ; then for children, subject to power of selection. Legacies in trust. Coal and iron works to be carried on for a stated period. Son to be admitted into the concern on his majority. Profits and residue of per- sonalty to be invested in trust (subject to annuity to widow) for son and daughters for lives, and then to their children. 780 Eeal estate in strict settlement. Usual clauses. Legacies to daughters and younger sons. Eesidue to children generally. Power to raise debts and legacies by mortgage of realty (concise). 781 Strict settlement of two estates on testator's two daughters respectively and their issue, with cross- remainders, and ultimate remainder to a niece and her issue. Name and arms clause, and shifting limita- tions. Appointment of protectors. Term for raising money for debts and legacies. Heirlooms. 782 Will of realty and personalty. Town house for wife's residence. Realty to sons successively in strict settle- ment. Heirlooms. Legacies to children and their issue. Eesidue of personalty for wife, and then for issue, as she shall appoint ; in default, equally. Power to settle part of daughter's legacies. 783 WiU devising realty to an only son and his issue in strict settlement. 784 Will in favour of wife and children. Annuity to wife during widowhood. Eesidue of realty and personalty (subject to power of selection in widow over £ ) in trust for children. Shares of sons marrying in testator's lifetime, or afterwards, without consent, given to their widows and children. Similar restric- tions as to daughters. Children born after a marriage supposed to be invalid, admitted. 785 Will devising real estates in trust to pay annuities to sons (to cease on alienation), and to accumulate residue of income for twenty-one years; subject thereto, for a period of twenty-one years from death of survivor of certain lives, to permit rents to be received in the order of a strict settlement. Ultimate gift to person then answering the description of testator's heir male. Personalty to be laid out in land, to be settled in like manner. 786 Will devising property to wife absolutely. 787 Ditto. 788 Ditto (concise form). 789 Ditto. 790 Ditto (whom he (testator) also appoints his sole executrix). 791 Ditto, with legacies to children. 11 Jar. 960. „ 963. 965. „ 966. „ 967. „ 968. 969. » 969 Bate. 396. Love. 517. Wilk. 225. Prior, 166. 2 Hug. 662 Prior, 167. Digitized by Microsoft® WILLS. 469 Wills of Ebal and Personal Estate — continued. 792 Will disposing of real and personal estate for the benefit of the testator's widow and children. Discretionary power to convert real estate. 793 Will of real and personal estate. Unconverted to daughter at 21. If she die before attaining that age, for sale and division in specified shares among a cousin, a nephew, and two brothers. 794 Will giving to one absolutely, all the testator's real and personal estate. 795 Will disposing of real and personal estate in favour of the testator's widow and two adult sons, the widow taking a life estate in the entirety. 796 Will disposing of real and personal estate in favour of testator's daughter, a married woman, for her separate use. 797 Will disposing of real and personal estate in favour of two sons, of whom one is an adult and the other a minor; giving to the devisees a power of appoint- ment over the real estate. Direction to purchase a life annuity. 798 Will giving the whole of the testator's property to one person ; with a power of appointment over the free- holds and copyholds. 799 Will giving all the testator's real and personal property to one person ; or, if he should die in the testator's lifetime, to his children. (Yariation, where the alter- native gift is to such persons as would have been entitled if the property had belonged to the intended taker at his death.) 800 Will, devising a freehold" and copyhold farm, in trust for the testator's wife, for the maintenance of herself and children, and after her death (subject to a charge of portions for children) to the eldest son (an infant) in fee. In order to avoid the admittance of the trustees, the copyholds are devised to such use as the trustees shall appoint, and, subject thereto, to the eldest son, upon the trusts declared by the will. Power to lease to the purchaser of the farming-stock, &c. 801 Will of real and personal estate. Furniture and house- hold effects to two sisters until marriage or death of one, and then entirely to the other. Pecuniary legacy to a niece at 21 or marriage. Residue for sale and investment. Income to sisters until marriage of one, and then entirely to the other. If both sisters marry, income to be divided in three parts and paid to them and niece during life. Ultimate division of capital and income into shares among their issue, and in default, to brothers and their issue. 802 Will of real and personal estate. Furniture to wife. Trusts for sale and investment. Income to wife for life, and afterwards, capital and income to children equally. Ultimate trust for sisters and brothers. 803 Will of real and personal estate. Trust for sale and im- Sweet, 291. Wilk. 227. H. & J. 101. „ 103. „ 109. „ 11?. Sweet, 267 „ 269. „ 270. Wilk. 288. „ 233. Digitized by Microsoft® 470 WILLS. Wills op Eeal and Personal Estate — continued. mediate division of proceeds after payment of a pecu- niaiy legacy and debts. 804 Will of real and personal estate in favour of natural children. Ultimate trust for executors. 805 Will of real and personal estate. Provisions for carrying on trade, and for sale to sons. Annuity or income (in the event of sale) to wife. Ultimate division of capital and income into shares among children and grand- children. Full powers of investment, and other usual trustee clauses. 806 Will of real and personal estate. Bequest of plate, furniture, &c., and a legacy to wife. Bequest of other legacies. Devise and bequest of residue to trustees upon trust for sale and conversion. Trusts of money to pay funeral and testamentary expenses and debts, and to invest residue, and to vary securities. Trusts of residue to pay the income to wife for life, and after her death, for testator's children and remote issue, aS wife shall appoint; and, in default of appointment, amongst children. Proviso that issue of deceased children shall take their parents' share. Powers of maintenance, accumulation, and advancement. Power to suspend sale and conversion of real and personal estate. Power to lease real estate until sale. Power to appoint new trustees. Devise and bequest of trust and mortgaged estates. Appointment of executors and guardians. Will of real and personal estate, similar to last precedent, in paragraphs. Will of real and personal estate. Bequest of jewels, &c., to wife. Bequest of plate, books, &c., to trustees for wife during widowhood, and afterwards for testator's eldest son. Bequest of furniture, &c., to trustees for wife during widowhood, and afterwards to sink into residue. Devise and bequest of residue of real and personal estate upon trust to sell and convert and invest proceeds. Income for wife during widow- hood, and afterwards for children equally. Usual powers and provisions. 809 Will giving all the testator's estate to trustees for testator's wife, and afterwards for his children equally, to vest at the usual periods. Maintenance, accumula- tion, and advancement clauses. Power to postpone conversion. Devise of trust and mortgaged estates (a very short form). 810 Will of real and personal estate. Trlists for sale and conversion, and investment of proceeds. Income for wife for life. Eemainder for children equally. Shares of daughters for themselves for life, with power to appoint a life interest to their respective husbands, and subject thereto for their issue as they may respectively appoint; and, in default of appointment, for children equally. In default of children, as each 807 808 Wilk. 235. „ 236. „ 242. 2 Prid. 378. „ 384. „ 386. Digitized by Microsoft® WILLS. 471 Wills of Real and Personal Estate — i daughter may appoint, and subject to appointment for testator's other children equally. Hotchpot clause. Powers of maintenance and advancement as to shares of children and grandchildren. Accruing shares to be subject to trusts of original share. Power to trustees, on marriage of each daughter, to revoke, trusts declared of her share, and settle same on other trusts. 811 Will of real and personal estate. Bequest of annuity to the wife, and legacies to all the children except the eldest son. Eesidue to the eldest son. 812 Will of real and personal estate. Bequest of legacy to wife. Legacy to servants. Devise and bequest of leaseholds for lives and years, upon trust to pay rent and observe covenants, and to obtain renewal of leases, and subject thereto for wife for life. Remainder for son absolutely. Eesidue of real and personal estate upon trust to realise and invest the produce and vary the securities, and out of trust moneys to pay annuity and raise a given sum, and subject thereto upon trust for wife during widowhood, she maintain- ing infant children. Subject to before-mentioned trusts, trust moneys to go amongst children of testator. In default of children, for testator's brother for life. Remainder for his children equally. 813 Will of real and personal estate. Devise of house and lands to son on his attaining 21. In case of decease of son during minority, the property to fall into residue. Power to trustees to apply rents and profits of estate during minority of son for his benefit. Devise and bequest of residue of real and personal estate upon trust for sale and conversion, and to pay income to wife for life, and after death of wife for children. Usual powers and provisions. 814 Will of real and personal estate. Bequest of plate, furniture, &c., to testator's two married daughters equally for their separate use. Devise and bequest of residuary real and personal estate to trustees upon usual trusts for sale and conversion and investment. Trust of proceeds as to one moiety for one daughter and her husband and issue — as to other moiety for other daughter and her husband and issue — with cross executory trusts. Usual powers and provisions. 815 Will of real and personal property. Devise of freeholds in parish of to secure rent-charge to wife, and subject thereto to sons successively in tail, with re- mainder to daughters as tenants in common in tail, with cross remainders. Power to trustees to apply rents and profits for maintenance during minorities. Power of leasing ; power of sale and exchange by reference to Lord Cranworth's Act. Bequest of lease- holds in same county upon trusts similar to freeholds. Devise and bequest of residue of real and personal estate to trustees upon trust for sale and conversion. 2 Prid. 393. 39G. 399. 401. 402. Digitized by Microsoft® 472 WILLS. Wills of Real and Pbbsonal Estate— coMfoTO« 312. JT 345. '• 346. Lang. Ap. 24 Digitized by Microsoft® WILLS. 50] Wills of Ebal and Peksonal Estate — continued. personalty to be invested in lands, to be held upon the same trusts. Appointment of executors. (Usual clauses.) 908 Will of real and personal estate. General devise of real estates to testator's children in tail male, with re- mainders over. Bequest of stocks and funds, and railway shares and securities, upon trust for testator's widow during her life, and after her death for testator's younger children, with powers of advancement, main- tenance, and education ; and in default of such chil- dren, for testator's sister for life, with an ultimate trust for the children of the said testator's sister, and children of deceased brother. Bequest of residue of personal estate, subject to the payment of funeral and testamen- tary expenses and debts. (Usual clauses.) 909 Will of real and personal estate. Devise and bequest of real and personal estate in Ireland. Bequest of a sum of stock to trustees, upon trust for testator's sister for life, and after her death for her unmarried daughters equally : and in default of unmarried daughters, for her married daughters. Bequest of a sum of money to trustees, upon trust for another sister of testator for life ; and after her death for her chil- dren equally. Legacy to infant. Residuary devise and bequest. Appointment of executors, with power to compromise. (Usual clauses.) 910 Will of real estate. Devise to trustees for a term of 1000 years, and subject thereto, to testator's sons and daughters in strict settlement. Appointment of por- tions to children under a power in a settlement. Trusts of term of 1000 years to raise money to pay debts and legacies. Trust to permit testator's wife, during widowhood, to reside in mansion house. 911 Will of real estate. Devise of real estates to trustees for a term of 1000 years, and subject thereto, to the use that testator's wife might receive an annual rent-charge, with powers of distress and entry for securing the same ; and to the use that L. M. might receive an annual rent-charge, with like powers for securing the same ; and so subject to the use of I. K. and his issue, in strict settlement. Trusts of term of 1000 years to raise money for payment of testator's debts, legacies, funeral and testamentary expenses, and the rent- charges given by his will. Trusts during the minorities of devisees. Power of jointuring and of limiting terms of years to secure jointures. Power of charging por- tions for younger children and of limiting terms of years to secure portions. Powers of leasing. Powers of sale and exchange. (Usual powers.) 912 Will of real and personal estate. Bequest of personalty to trustees, upon trust for sale and conversion into money. To pay funeral and testamentary expenses and legacies, and to invest the residue in the fiurchase Chr. 198. 201. 209. 215. Digitized by Microsoft® 502 WILLS. Wills of Eeal and Peesonal 'EiSUk'H'E— continued. of real estates, to be settled to the uses of testator's real estate. Direction as to investment of residue in the meantime. Devise of real estate to the use of testator's vrife for life, or widovchood ; with remainder to testar tor's cousin for life, with remainder to his first and other sons in tail male ; with remainder to the use of his daughters for life as tenants in common, with re- mainder to the first and other sons of such daughters in tail male ; with cross remainders, with remainder to M. N. in fee. Appointment of executors. (Usual clauses.) Declaration that a trustee who is a solicitor may make his usual professional charges. 913 Will of real and personal property. Confirmation of an annuity formerly granted by the testator. General devise and bequest of real and personal property, in trust for sale and conversion into money to be applied in discharge of debts, &c., and in providing a fund for payment of the said annuity, and a house for the testator's wife. G-ift of legacies to children to vest on legatees attaining 21, with proviso for accumulation. Declaration that legacies failing to vest should fall into the residue. Trusts of residue for children in certain events. Accumulation clause. Power of leasing. Power to permit funds to remain in their actual state of investment. Appointment of guardians and of exe- cutors. Legacies to executors. (Usual clauses.) 914 Willof real and personal estate. Gifts of legacies. Devise of freehold estates to the use of trustees during the life of testator's niece for her separate use, remainder to her sons and daughters in tail, remainder to F. G. and his sons and daughters in tail, remainder to the sons and daughters of X. Y. in tail, remainder to testator's right heirs. Name and arms clause, Power to female tenant for life to appoint rent-charge to husband. Powers of jointuring and of charging por- tions for younger children. Trusts during minority of tenant for life or in tail. Power of leasing. Power of sale and exchange. Devise of copyholds to trustees, upon trusts corresponding with the uses of the free- holds. Bequest of leaseholds to trustees, upon trusts corresponding with the uses of the freeholds. Direc- tions for renewal of renewable copyholds and lease- holds. Bequest of pictures, plate, &c. as heir-looms. Directions as to safe custody and preservation of heir-looms. Bequest of personal estate, upon trust to convert the same into money, and pay debts, legacies, &c., and to purchase consols to satisfy annuity. Trusts of residue of personalty, the same as those declared of money to arise from sale of real estate. (Usual clauses.) 915 Will of real and personal estate. Gift of legacies. Direc- tion that testator's wife may occupy mansion house at for one year. Direction that certain unmarried females may occupy the house and lands at . Chr. 257. 262. 271. Digitized by Microsoft® WILLS. 503 Wills of Real and Personal Estate — continued. Devise of certain real estates to trustees for 500 years ; and subject thereto, to the use that testator's wife may receive a rent-charge, with powers of distress and entry ; and subject thereto, to the use of trustees for a term of 300 years ; and subject thereto, to the use of testator's sons and daughters successively in tail, with remainders over. Trusts of term of 500 years to raise money to pay the testator's debts and legacies. Trusts of term of 300 years to secure the said rent-charge and the legacy duty thereon. Name and arms clause, with proviso in case of a peer. Proviso that every devisee in possession shall reside in mansion house. Powers of leasing and sale and exchange. (Usual clauses.) 916 Will of freehold and copyhold estate. General devise of real estate to the use of trustees, for 1000 years, and subject thereto, to the use of testator's sons and their issue in strict settlement ; with remainder to the use of testator's brother and his issue in strict settlement : remainder to the use that each of testator's daughters and each daughter of his son might receive a rent- charge ; with powers of distress and entry ; with re- mainders over. Trusts of term of 1000 years, to raise money for the payment of the testator's funeral and testamentary expenses, debts, and legacies. Declara- tion that the testator's personal estate, not specifically bequeathed, should be the primary fund for the payment of the said debts, legacies, and funeral and testamentary expenses. Name and arms clause. Powers of jointuring and of charging portions for younger chil- dren. Power of leasing. Power to grant building and re- pairing leases. Power to grant mining leases. Power of enfranchisement of copyholds. Power to grant licences to copyholders for improvements. Power of par- tition. Power of sale and exchange. (Usual clauses.) 917 Will of real and personal estate. Bequest of personal estate, except money and securities for money, to testator's wife. Legacies to children, to vest at speci- fied ages, but the payment to be postponed tiU the death or marriage of testator's wife. Power for trustees to advance part of the legacies of daughters who marry with consent. Legacies to executors. Devise of real estates to trustees, upon trust to sell, pay debts, funeral and testamentary expenses, and legacies not postponed : and invest the surplus, and hold the same upon the trusts, thereinafter declared of testator's securities for money. Bequest of securities for money to trustees, upon trust to pay annuity to testator's daughter for life, for her separate use, without power of anticipation ; and pay annuity to testator's cousin for life ; and subject thereto, in trust for testator's wife during widowhood ; and after her death or marriage, upon trust to raise legacies first Chr. 288. 312. Digitized by Microsoft® 504 WILLS. Wills of Eeal and Personal Estate — continued. bequeathed, and also to raise a sum of money in trust for S. S., a daughter of testator, and her issue ; and, subject thereto, upon trust, and after the death or marriage of testator's wife to raise £ upon trust for certain of testator's children, as testator's wife should, during widowhood, appoint ; and in default of appoint- ment, in trust as to the said £ ,and also the residue of trust monies, for certain of testator's daughters. De- vise of certain real estates, in trust for testator's wife during widowhood ; and afterwards, in trust for testator's son E. F., and his issue in tail male. Remainder to trustees, upon trust for sale. 918 Will of real and personal estate. Devise of real estate subject to mortgage debts. Bequest of legacies. Devise and bequest, of residuary real and personal estate to trustees, upon trust to sell and convert into money, and to hold the money to arise from such sale and conversion in trust, as to one moietj', for testator's wife for her life, and after her death for "testator's sons, in equal shares ; and as to the other moiety, in trust for testator's daughters and their issue, in equal shares. 919 Will of real and personal property. Directions as to burial. Direction as to payment of debts and legacies. Devise and bequest of estates and effects in . Devise of an estate in fee. Devise of chambers. Bequest of £10,000 consols, in trust for testator's sister for life, and after her death, for her daughters. Bequest of a sum of money, in trust for the widow and children of testator's brother. Bequest of lega- cies. Devise and bequest of residue. Devise of mortgage estates. (Usual clauses.) 920 AVill of real and personal estate. Devise of real estate to trustees, in trust for sale. Bequest of personalty to trustees, as to part, in trust for testator's son, in a given event ; and as to the residue, and as to the part given to testator's son, in case the given event does not take place, to sell and convert into money, and to pay debts and legacies, and invest the residue. Direc- tion that the trustees shall thereout pay an annuity to son's wife for her separate use, and a further annuity to testator's son, or for the benefit of his family, in the discretion of the trustees ; and, so subject, in trust for the issue of testator's son (extending to issue of sons dying under 21), with usual powers for advance- ment, maintenance, and education. In default of issue of son, in trust for such persons as he shall by will appoint ; in default of appointment, to his per- sonal' representatives. Devise of mortgage estates. (Usual clauses.) 921 Will made immediately after testator's marriage. Con- firmation of jointure rent-charge secured by testator's marriage settlement. Devise of real estates to the use that testator's wife may receive a yearly rent-charge in Chr. 33G. 353. 3C!. Digitized by Microsoft® WILLS. 505 922 Wills of Real and Personal Estate — continued. addition to the jointure secured by the settlement, with powers of distress and entry, and subject thereto to the issue of testator's marriage, male and female, in strict settlement. Name and arms clause. Trusts for management during minorities. Power for trus- tees to raise money by mortgage, and to invest the money so to be raised in the purchase of lands in ; or towards paying the expense of inclosures. Power of leasing. Powers of jointuring and charging por- tions. Power of sale and exchange. Devise of trust and mortgage estates. Appointment of executors. (Usual clauses.) AVill of real and personal estate. Bequest of legacies to executors. Bequest of a sum of money to trustees, upon trust to invest and pay the produce to testator's daughter for life for her separate use, and after her death to her husband for life, and after the death of the survivor of husband and wife, one moiety to sink into testator's residuary personal estate, and one moiety to be in trust for the daughters of testator's daughter, and the issue of such as should die in the lifetime of the testator's daughter or of her husband. 923 924 accumulation clause. Bequest of apiece to daughters of G. H. at 21, Maintenance and legacies of £ or marriage. Trusts for investment of last-mentioned legacies. Maintenance and accumulation clause. Di- rection that when G. H. attain the age of — years, the possibility of her having further children should be considered as past. Bequest of legacies of £ apiece to the daughters of G. D. at 21, or marriage. Direction as to investment. -Devise and bequest of real and personal estate upon trust to sell. Trusts of purchase-money to pay debts and legacies, subject thereto, for children of T. U. deceased. Power for trustees to defer sale. Power for trustees to allot any part of testator's property. Power of leasing real estates till a sale. Devise of trust and mortgage estates. Appointment of executors. (Usual clauses.) Will of real and personal property. Bequest of legacies and of annuity. Devise and bequest of real and personal estate in trust to sell and invest the produce, and thereout to pay the said annuity ; and subject thereto for testator's nephew absolutely. Devise of mortgage estates. Appointment of executors. (Trus- tee clauses.) Will of real and personal property, including mining property and advowsons. Devise of mansion house to C. D. for life. Devise of advowson to trustees for 99 years. Devise of rent-charge to C. D. for life. Devise of real estate to trustees for 500 years, with remainder in strict settlement. Trusts of term of 500 years to raise annual sum for the person entitled unfc the will for fifteen years from testator's death, Chr. 38,-), 394. 40G. Digitized by Microsoft® 506 WILLS. Wills of Real a^jd Personal Estate — continued. to work mines during said term of fifteen years ; and to invest the residue of rents and profits, and accu- mulate the same during the said term of fifteen years. Powers of jointuring and charging portions. Power to grant leases, building leases, and mining leases. Power of sale and exchange. Devise and bequest of copyhold and leasehold estates. Bequest of engines, &c., belonging to mines. Bequest of household goods as heir-looms. Bequest of personalty upon trust to pay debts and legacies. Appointment of executors. Appointment of auditors. Provision for payment of trustees. (Trustee clauses.) 925 Will of real and personal property. Devise of real estates for life, and in tail; tenants in tail, born in testator's lifetime, to take life estates only. Name and arms clause, with provisions in the case of a peer. Provision for accumulation of rents in case of a suspense of vesting of the estates. Trusts for manage- ment during minority. Power to jointure and charge with portions. Power to grant leases. Power to grant licences to copyholders to lease. Power of sale and exchange. Devise of copyholds, and bequests of leaseholds upon trusts corresponding with the uses of freeholds. Bequest of leasehold house. Bequest of plate as heir-looms. Bequest of household furniture. Bequest of personalty upon trust to invest in the pur- chase of real estate. Power to set apart f>art of per- sonalty to answer annuities. Appointment of exe- cutors. (Usual clauses.) 926 Will of real and personal property. Bequest of legacies and annuities. General devise and bequest of real and personal property in trust for sale and conversion into money to be applied in payment of debts and legacies. Provision as to payment of annuities. Trusts of residue as to one moiety to testator's grand- son, or his wife and children, if he shall die in testator's lifetime, leaving a wife and children. Trusts as to the other moiety for testator's granddaughter and her husband and children. Trusts for advance- ment, maintenance, and accumulation. Power of leasing. Power to permit funds to remain in their actual state of investment. Appointment of executors. (Usual clauses.) 927 Will of real and personal estate. Devise of real estates in to trustees upon trust for testator's wife, for her life, or until she assign or incumber, with re- mainder in trust for testator's first and other sons in tail, with remainder in trust for testator's daughters, as tenants in common in tail with cross remainders. Power for trustees to manage during minority. Powers of leasing, of granting mining leases for sixty years, and building leases for ninety-nine years, or three lives. Power tn convey for building purposes Chr. 423. M6. il-L Digitized by Microsoft® WILLS. 507 Wills of Ebal and Personal Estate — continued. in consideration of a fee farm rent. Power to accept surrender of leases and to grant new leases. Power to enfranchise copyholds. Power to grant licences to copyholders to demise. Power of sale and exchange. Bequest of leaseholds upon trusts corresponding with uses of freeholds. Devise of residue of real estate and bequest of personalty upon trust to sell and convert into money, and pay debts and legacies, and debts charged on estates in , and hold the residue upon trusts of money to arise from a sale of lands in . Appointment of executors. (Trustee clauses.) 928 Will of real and personal estate. Devise of real estate to trustees in trust to sell. Trusts of purchase money to pay dgbts and legacies and invest the residue, and hold the same in trust for testator's children, in equal shares, sons at 21, daughters at 21 or marriage. Trusts for advancement, maintenance, and accumula- tion. Trusts in default of children becoming entitled, to pay legacies of £, apiece, and subject thereto in trust for testator's wife. Power of leasing. Trusts of rents and profits until a sale. Bequest of person- alty to testator's wife. Bequest of legacies. Bequest of Legacies of £ apiece. Accruer clause as to legacies of £ apiece. Legacies of legatees of £ apiece dying in testator's lifetime, to go to their children, legacies of £- Direction as to time of payment of apiece. Advancement, mainte- nance, and accumulation clauses as to such legacies. Devise of mortgage estates. (Usual clauses.) 929 Will of real and personal estate. Bequest of jewels, plate, household furniture, horses, carriages, and leasehold house to testator's wife. Bequest of legacy to testator's wife. Bequest of legacies and mourning to servants. Bequest of charitable legacies. Bequest of legacies to an infant, to acting executors, and to executors declining to act. Specific legacy, with a request that the same may be preserved. Devise and bequest of real and personal property upon trust to sell and convert into money, and invest the residue upon trust to pay an annuity to testator's wife and legacies to testator's childreu. Eesidue to testator's children equally. Advancement, maintenance, and accumulation clauses. Devise of mortgage estates. Appointment of guardians (Usual clauses.) 930 Will of real and personal estate. Directions as- to monument. Devise of real estate, except an advowson, to C. D. for life, with remainder to his sons successively in tail : to trustees for 1000 years : to the daughters of C. D., successively in tail ; with remainder, except as to estates in — and — to I. K for life, to his sons successively in tail ; to M. N. for life, to his sons successively in tail ; to testator's right heirs ; as to estates in — and — to 0. P. for life, to his sons Chr. 480. 490. 499. Digitized by Microsoft® 508 WILLS. 931 932 AViLLS OF EBAii AND PERSONAL ESTATE — Continued. successively in tail ; to testator's right heirs. Devise of advowson to trustees for 200 years, with remainder to the uses of estates firstly devised. Trusts of term of 200 years to present certain persons to the first vacancy. Name and arms clause. Trusts during minority of devisees. Declaration that tenants for life shall be impeachable for waste. Power for trustees to fell timber. Power of jointuring and charging portions out of and upon estates firstly and secondly devised. Power of leasing. Power of sale and exchange. Bequest of various sums of money to trustees upon trust for certain persons for life, with remainders over. Legacies to executors ; to servants ; to a church ; if it be determined to build one. Power to pay last mentioned legacy towards repairing church. Trusts of term of 1000 years, to raise portions for younger daughters of C. D. Charge of £7000 upon estates in— and — in case 0. P. or I. K. become entitled thereto, in aid of testator's residuary personal estate. Devise and bequest of copyholds and leaseholds upon trusts corresponding with uses of freeholds. Bequest of residue of personalty to H. A. L. ; and in case H. A. L. die in testator's lifetime, upon the trusts of the money to arise from a sale of real estates not in — and — . Devise of mortgage estates. Appointment of executors. (Trustee clauses.) WiU of real and personal estate. Directions as to funeral. Devise of freehold estates to trustees for 1000 years ; and subject thereto to G. H. for life, ]'emainder to his sons in tail male ; remainder to I. K. for life, remainder to his sons in tail male ; remainder to testator's right heirs. Trusts of term of 1000 years to raise out of rents and profits two annuities. Trusts lor management during minorities. Powers of jointming and charging portions. Power of leasing. Powers of sale and exchange. Devise of copyholds and bequest of leaseholds upon trusts corresponding with uses of freeholds. Bequest of personalty upon trust to pay debts and legacies and invest the residue in the purchase of real estates to be settled to the uses of estates devised. Devise of mortgage estates. (Usual clauses.) Will of real and personal estate. Devise and bequest of real and personal estate in trust for sale, calling in, and conversion into money. Trusts of produce to pay debts and legacies and invest the residue. Trusts of residue during the minority of G. H. to raise sums not exceeding amounts specified for maintenance of G. H. and to accumulate the residue of income. Power to apply the amount of such accumulations for the advancement of G. H. Trusts of said residue for G. H. if he attain 21, and if he die under that age for T. K, if then living, and if 1. 1\. be then dead, for M. N., Chr. .306. .033. Digitized by Microsoft® WILLS. 509 933 934 935 930 937 938 939 940 Wills of Eeal and Personal Estate — continued. if living and unmarried. And if M. N. be then living and married, in trust for her separate use during coverture, and afterwards for her as she shall by -pill appoint. Power of leasing real estate until sold. Rents and profits until a sale to go as the income of purchase money. Power for trustees to continue investments of personalty. (Usual clauses.) Will of a person making various devises and bequests and giving residue of property to his children. Will of a person giving all his property to his wife and appointing her executrix. Of Widowers, Bachelors and Spinsters, &c. Will of a widower whose children are adult, containing devise of copyhold estate in mortgage, and various specific and pecuniary bequests. Residuary real estate to be converted, and the produce divided into four shares for benefit of two sons and two married daugh- ters. Provision against improvidence of younger son. Will of a widower. Specific devises to two sons for life, with equitable remainders in fee to their children. Similar devise in trust for two daughters and their children. Cross limitations. Specific devise to grand- son. Residuary personalty for children equally. Will of a widower. Specific bequest of leaseholds, with limited executorship. Residue of realty and personalty for conversion. Legacies of stock in trust for two sons for life, determinable on alienation ; then for their children, subject as to one legacy to a trust for son's wife for life. Power to other son to appoint life interest to wife. One moiety of residue to another son absolutely, with substitution of his wife and children, in case of his death. The other moiety for daughter for life, her husband and children. Will of widow of real and personal estate. Trust for sale and investment. Income to be divided between two daughters for separate use for life, and afterwards capital to be divided between their children. If one daughter die in the lifetime of the other without issue, whole income to survivor and capital to survivor's children. If both die without issue, to next of kin. Provision for payment or deduction of debt due from one daughter's husband to testatrix. Will of widow exercising a power contained in her marriage settlement, appointing property comprised therein, and devising other property to trustees. Trust for sale. Bequest of numerous pecuniary legacies with provision against lapse. Residue to brother. Will of a widower. Freehold messuage to son for life ; remainder (subject to power of selection) to his children in fee. In default of children, to second son Chr. 537. Green. 403. „ 404. 1 1 Jar. 958. „ 962. „ 964. Wilk. 237. „ 239. Digitized by Microsoft® 510 WILLS. 941 942 943 944 Of Widowers, Bachelors and Spinsters, &c. — continued. and his children, residue for conversion, for benefit of children or their issue. Will of a widower. Eeal and personal estate. Bequest of a life annuity. Settlement on a daughter. Will of a widower. Devise of freeholds to trustees in trust for sale. Devise of copyholds to such uses as trustees shall appoint in exercise of trust for sale. Bequest of personal estate to trustees in trust to con- vert. Trusts of proceeds of sale and conversion to pay funeral and testamentary expenses, debts and legacies, and divide surplus between children equally, except that the share of eldest son, who has received an advance, shall be reduced by the amount of such advance. Married daughter's share to be charged with sum covenanted to be paid by marriage settle- ment. Share of infants to be invested for their benefit. Power to sons to purchase real estate at a valuation. Usual powers and provisions. Will of a bachelor. Direction to appropriate a legacy for each of his sisters, to be settled upon her and her issue, with power to appoint a life interest to a hus- band, residue to testator's brother absolutely. Will of a spinster. Bequest of legacies to charities. Bequest of a legacy upon trusts for testatrix's sister and her issue. Legacies to nephews and nieces of testatrix, being some of the children of a deceased sister. Bequest of another legacy upon trusts for a married niece and her husband and issue. Bequest of another legacy upon trusts for benefit of a nephew and his wife and children during nephew's life, at discretion of trustees, and, after death of nephew, for his chil- dren. Legacies to servants. Bequest of annuities. Eesidue to brother of testatrix. Will of a bachelor, disposing of real estate in favour of collateral relations, to uses for preventing dower, and other limitations ; part being in mortgage. Specific and pecuniary legacies and life annuities. Various trusts declared of several of the pecuniary legacies and annuities, in favour of nephews and nieces and other collateral relations. Trust for an imbecile. Eesidue divided among testator's brothers and sisters, and settled on them and their families; with cross limitations between the stocks ; and with ultimate limitations to tlie brothers, and to the appointees and next of kin of the sisters, of their respective original shares. Will of a widower. Specific devise of freeholds. Copy- holds to three daughters for life, and then to their children. Power of selection, and power to appoint life interests to husbands. Cross executory limita- tions among the families. Eesidue to form one fund, to be divided so as to equalise shares of specific devisees, and on the like trusts. Usual powers for 945 946 11 Jar. 971. Dav. Con. 417. 2 Prid. 390. 405. 406. H. & J. 175. Digitized by Microsoft® WILLS. 611 Of Widowers, Bachelous and SriNSTERS, &c. — continued. managing real estate. Provision for indemnifying testator and co-trustee against a breach of trust under daughter's marriage settlement. Of rarmers. 947 Will of a farmer. Business to be carried on until majority of youngest child. Maintenance of wife and children out of income. Legacies to children. An- nuity to widow, and residue to children, on discon- tinuance of business. Discretionary power to sell realty. Variation, giving wife a share in residue. 948 Will of a farmer. Farming business to be carried on during son's minority. Maintenance of wife and son out of profits. After business is put off, wife to have a rent-charge. Eent-charge for separate use of married sister. Legacy settled on step-daughter and her children. Eesidue for son, or, if he die under age, and without issue, one fourth to widow, and remainder for three married nieces for life and their children. 949 Will of a farmer, by which he devises his farm, consist- ing partly of freehold and partly of leasehold premises, and also all his farming stock, to trustees, with direc- tions to carry on the farm, and apply a competent portion of the profits towards the education and support of his son, until he comes of age, and then to convey the farm and farming stock to him absolutely ; but, in case of his death, trustees to convey the farm to testator's brother, to uses to bar dower, and to sell the farming stock, and invest the proceeds in sufficient securities, and pay the dividends to testator's sister for her separate use for life, with power for her to appoint the principal amongst her children, and, in default thereof, upon trust for sons on attaining 21, and daughters on attaining that age or day of mar- riage ; hotchpot clause ; special provisions for main- tenance and advancement of children, but not to be applicable during their father's lifetime. 950 Will of a farmer, disposing of his personal property in favour of his wife and infant children. Legacies to children at 21 or marriage. The wife to be sole trustee and executrix during widowhood ; with large discretionary powers to carry on the farming business, and manage the estate generally. Wife marrying to have an annuity ; on her death or marriage, the pro- perty is vested in trustees for the benefit of the children. Devise of mortgage and trust estates. Power to compound debts, &c. Provisions for ap- pointing and indemnifying trustees. 951 Will of a farmer, directing his farm and dwelling-house to be kept up for the maintenance and residence of his wife and only son until the majority of the latter. Upon the majority of the son, or discontinuance of the 11 Jar. 929. 921. 961. 2 Hug. 680. H. & J. S71. Digitized by Microsoft® 512 WILLS. Of Farmers — continued. farming business, a rent-charge is given to the widow. Subject to the trust for carrying on the farming busi- ness, and to a rent-charge for the separate and inalien- able use of a married sister, and to a legacy given for the benefit of a married daughter, her husband and children, the testator's real and personal property is given absolutely to his son at 21, or, if he die before the testator or under age, to his children at 21 or marriage ; and, in default of such children, one fourth is given to the testator's widow absolutely, and three fourths to three nieces for life and their children, with cross limitations. Discretionary powers to sell, mort- gage, &c. 952 Will of a farmer. Freeholds, copyholds, leaseholds, farming business, and personal estate to be sold. Power to son to purchase within a certain period at a valuation. The produce of realty and personalty is given (subject to the widow's life interest in a moiety,) to the children equally. Provision for advancements to children. 953 954 955 Of Tradesmen. Will of a tradesman. Will of a person carrying on a trade in partnership with other persons, containing directions as to winding up the business. Will of a trader. Bequest to wife of use of furniture, &c., during widowhood. Devise and bequest of real and personal estate to trustees. Direction to carry on business until younger son of testator attain 21, and during same period to pay annual sum to testator's wife, determinable on her second marriage. When youngest son attains 21, business to be offered for sale to sons in succession, and lease of business premises to be made to purchaser ; annual sum to be paid to wife, and, subject thereto, surplus to go to all the children equally. Usual provisions. 956 Will by a person in trade, containing provisions for carry- ing on the trade by his widow, and afterwards by his son. 957 Ditto. 958 Will of a tradesman, by which, after bequeathing a legacy, a certain portion of his household furniture and all his wines, liquors, housekeeping provisions, &c., to his wife absolutely, he directs that his business shall be con- ducted by her until his eldest or some one of his sons shall attain 21, and be willing to undertake the concern ; but if she marries again the trustees are to manage the business ; and, if none of the sons will undertake the business, trustees to sell the same. Powers to compound debts, increase, diminish, or discontinue business, &c. Nett profits to be applied, two-thirds to wife's own use during widowhood, and the remainder Sweet, 286. „ SOI. 2 Crabb, 1578. 2 Prid. 410. „ 411. Sw. on W. 196. Sweet, 295. Digitized by Microsoft® WILLS. 513 Of Tradesmen — continued. to be disposed of by her in the maintenance of the family. Devise of general residuary estate to trustees upon trust to invest with power of varying securities. Two-fifths of income to be for wife during widowhood, and then to testator's eldest son absolutely ; the remain- ing three-fifths to be subdivided into eight equal parts amongst the testator's eight children, with pro- vision for survivorship and accruer. 959 Short form directing that business shall be carried on by testator's wife, if she so long remains a widow, until his eldest, or some one of his sons shall attain 21, and be wilhng to undertake the management of the concern, which, if none of them will undertake, the business is to be sold. In case of wife's second marriage, trustees to have the management of busi- ness. Power to compound debts, &c., and to increase, abridge, or discontinue business. Application of the profits ; two-thirds to wife's own use during widow- hood ; and the remainder to be applied by her in the maintenance of her family. 960 Will of a tradesman, bequeathing his business to his widow, and appointing her sole trade executrix. Residue to trustees, to convert and invest ; income to wife during her life ; subject thereto, capital to children equally ; the issue of a deceased child taking their parent's share. Maintenance of children and grandchildren during minority. 9G1 Will of a tradesman, disposing of real and personal estate in favour of his wife and children. Property vested in trustees, with directions to sell, let, and manage the real estate, and to carry on trade. Wife during widow- hood to have the use and occupation of testator's house and ftirniture, and to receive the income of the. trust estate, maintaining and bringing up the children. Por- tions to be raised for children requiring advancement during her widowhood. On her death or marriage, the capital to be distributed among the children. Direc- tions for maintenance and advancement ; for invest- ment of trust funds. Powers to settle testator's affairs ; to employ accountants, &c., to appoint trustees, &c. Appointment of executors and guardians. 9 62 Will of a trader, disposing of real and personal estate in favour of his wife and children. Specific bequest to wife of wearing apparel, wines, &c. Bequest of railway shares. Pecuniary legacies to trustees to invest and pay income to wife for life, capital for children as she shall by will appoint ; in default of appointment, to fall into residue. Eeal estate and residuary personal estate to trustees; to permit wife to carry on trade, and to occupy and use the testator's dwelling-house, furni- ture, &c., while any son shall be under age, or daughter under age and unmarried, with discretionary power for the trustees, after her death or marriage to carry on, 2 Hug. 666. 677. H. & J. 132. 310. Digitized by Microsoft® 514 WILLS. Of Tradesmen — coniimted. or permit her to carry on, the trade ; eventually to sell and convert, and to divide the produce among all the children. Eeal and personal estate to be valued. Powers to maintain the children after the death or marriage of the vpife, out of the general income ; to advance children part of their shares of valuation ; to raise money by mortgage, &c. ; option to sons" in suc- cession to purchase real estates. Devise of mortgage and trust estates. Powers to compound debts, &c., give receipts, and appoint trustees. Special exemption of trustees from responsibility for the receipts and acts of each other. Appointment of executors and guardians. 963 Will of a trader. Bequests of legacies to children. Bequest of a legacy to a hospital. Bequest of legacy to a servant. Devise and bequest of real and personal estate to trustees, upon trust for sale and conversion into money ; trusts of money to arise from such sale and conversion, to pay funeral and testamentary expenses, debts and legacies, and to invest the residue on Government or real securities, with power to vary the same, and pay the produce to testator's wife for her life, and after her death to divide the said residue equally among testator's children ; the shares of daughters to be for their separate use, without power of anticipation. The share of each dajUghter after her death to be held in trust for her children, as she shall appoint ; and in default of appointment, in equal shares ; in default of issue of any daughter, the share of such daughter to be held upon such trusts as she shall appoint ; in default of appointment, in trust for testator's other children equally. Power for daughters to appoint the interest of their shares to their respec- tive husbands for life. Power for daughters on marriage to settle their shares. Power for trustees to defer the sale of part of testator's property. Power for trustees, with consent of children who shall have attained 21, to allot part of testator's property. Directions to apply produce of property till a sale, as the interest of the purchase-money is directed to be applied. Appointment of guardians of infant daughters. Directions as to managing and vrinding- up testator's business. Devise of mortgage estates. Appointment of executors. (Trustee clauses.) 964 Will of a married man, engaged in trade as a builder, &c., providing for a wife and children. Eeal and personal estates vested in trustees for sale and con- version, with a power to raise money by mortgage of the real estate. Income to be applied in payment of annuity to wife during widowhood, for the support of herself and children ; a reduced annuity for wife on second marriage j after her death or marriage, annual allowance for maintenance of children ; surplus to H. & J. 32;). OhT 223. Digitized by Microsoft® WILLS. 515 Of Tradesmen — continued. accumulate till youngest child attains 21. Capital and accumulations to testator's children and remoter issue living at the determination of the trust for accumula- tion, per stirpes ; if none, for testator's brothers and sisters. Powers to trustees to advance testator's children before the period of distribution; to maintain and advance remoter issue; to purchase land, take building leases, let furnished lodging houses, and grant leases ; to make allotments of real estate to objects entitled in distribution. Provisions relating to testator's trade. Eight of pre-emption given to testator's partner as to share of partnership business. Powers to settle amounts, sell stocks, &c., lend money to testator's son on bond. Devise of freehold mort- gage, and trust estates. Devise of copyhold mort- gage and trust estates, to uses. Powers to give receipts, and appoint trustees. Appointment of executors and guardians. 965 Will of a trader, giving a pecuniary legacy to each of his children, to vest at 21 or marriage, and his real estate (charged with the legacies) and the residue of his personal estate to his widow absolutely. Power for widow to retain legacies during minorities of children, if she carry on the testator's trade and remain unmarried, paying interest for the mainten- ance of the children. 966 Will of a tradesman who leaves the whole of his estate (freehold and leasehold) to trustees, with directions that his widow may carry on the business. 967 Will of a trader, a married man. Directions for carry- ing on trade. Of various Parties. 968 Will of a solicitor. Various trusts for children. Interest in partnership business, law books, papers, &c., to a son (a partner). 969 Will of an attorney, in which he bequeaths his share (one moiety) of the business to his son, and appoints him as his successor in the partnership firm, with power to adjust all partnership matters without the interference of the executors. 970 Will of a builder and architect in favour of his wife and adult children, of leasehold premises and other per- sonalty. Gives household furniture, book debts, and part of leaseholds to his wife absolutely ; other lease- holds to trustees (his wife being one), in trust for the separate and inalienable use of an unmarried daughter for life, and subject thereto in trust for her children, with a provision as to apportionment of ground rent, &c., and proviso for cesser in case of alienation or charge whilst discovert, and without settling her income ; of other leaseholds to his eldest son H. & J. 345. Sweet, 300. H. L. F. 172. 11 Jar. 959. 970. 2 HuE'. 846. L L 2 Digitized by Microsoft® 516 WILLS. 971 972 973 974 975 976 977 Of various Paktxes — continued. absolutely ; of other leaseholds to trastees in trust for a married daughter for life and separate use, without power of anticipation, and subject thereto in trust for her children. Bequest of stock to trustees in trust for an improvident son for his life, determi- nable on alienation or bankruptcy, and subject thereto, in trust for his wife and children during his life, and afterwards for the benefit of his wife for life, and subject thereto, in trust for his children. Bequest of a life annuity to an unmarried sister for her separate use, without power of anticipation, and in case of anticipation, clause of cesser. Eesidue, subject to a life annuity to testator's wife, in trust for his eldest son and two daughters, and their children, with cross limitations, and ultimately to the survivor of his sons and daughters. "Will of a ship broker, containing special provisions with regard to his business. Will of a brewer, by which he bequeaths his share (one moiety) in the business and stock-in-trade to his son, and appoints him as his successor in the partnership firm, and his special executor as to the business. Will of a brewer and ship owner in favour of his wife, sons and sons-in-law, of real and personal estate. Of Married Women. Will of a married woman, who has an infant daughter by first husband, and no issue by present husband. Freeholds and copyholds were settled on her second marriage, in default of issue by that marriage, to such uses as she should appoint ; copyholds articled to be settled are now (by virtue of a surrender to the uses of the will) appointed to the uses of the respective settlements. Appointments, in default of issue by present husband, to the use of daughter for life, with remainder to daughter's children in fee ; with cross limitations on death under 21 without issue. Usual powers of leasing, management, &c. Bequest of savings of separate estate. A. B. during daughter's minority, and afterwards the trustees of the second settlement, to be trustees of the wUl. Appointment of guardian of daughter, and direction to apply to Court of Chancery for confirmation. Will of a married woman, disposing of copyholds sur- rendered to uses of her will ; exercising a power of ap- pointing a life interest in trust funds to her husband, and a power of selection in favour of her children and more remote issue, and disposing of her separate personal estate and savings. Ditto. Will of a married woman. Appointment by her under a power contained in a settlement of a share of trust 2 Jones, 336. 2 Prid. 448. 2 Hug. 844. 2 Jones, 301. 11 Jar. 940. „ 956 Sweet, 329. Digitized by Microsoft® WILLS. il7 Of Married Women — continued. monies in favour of her husband for life, and, after his decease, in favour of her surviving children and the issue of children dying in her lifetime. 978 Will of a married woman, disposing of real and personal estate in favour of her husband absolutely, subject to pecuniary legacies ; with an expression of her con- fidence that he will leave the property to her relations. 979 Will of a married woman, having no issue, disposing of real estate and a money fand, over both of which she has powers of appointment, and of her separate pro- perty, in favour of her husband, and collateral rela- tions. Appointment of the real estate to the husband for life ; to trustees, for the separate use of a married sister for life ; to the sister's husband for life ; to her Issue as she shall appoint ; to her children in fee, with cross limitations ; to such persons as she shall appoint ; to the survivor of the sister and her husband in fee. Appointment of the money-fund to trustees to be disposed of as part of the residue. Bequest of specific legacies. Bequest of the residue to trustees, to pay pecuniary legacies and annuities ; funds to be set apart to answer the annuities ; ultimate trust for brothers and sisters equally. Power to give receipts ; to appoint trustees. 980 WiU of a married woman, made in pursuance of a power in that behalf, contained in the will bequeathing the property in respect of which the will is made, upon trust to apply the produce for the benefit of a man, and, after his death, upon trust for the next of kin of the testatrix. Will of a feme covert disposing of real and personal property amongst her children, &c. Under Powers. Will in exercise of a power. Testamentary appointment of freeholds, copyholds, and leaseholds, to children and theii' issue, by a widow, under a power of selection given to her by her hus- band's will. Direction to convey real estates to trustees upon various trusts as to specific estates, for the benefit of individual children and their issue. Powers to sons and daughters to appoint life interests to widows and surviving husbands. Eesidue to be sold, and the proceeds divided among the children attaining 21, or leaving issue. Substitution of issue of deceased children. Powers of letting, selling, ex- changing, &c. Special directions as to powers of trustees under husband's will. 984 Will of a tenant for life in remainder of settled estates, in exercise of powers of jointuring and charging with portions for younger children, subject to the 981 982 983 2 Prid. 442. H. & J. 142. „ 149. Chr. 418. 2 Jones, 425. Dav. Con. 123. 11 .Tar. 949, Digitized by Microsoft® 51-8 WILLS. Under Powees- prior limitations contained in the will creating the powers. 985 Will of a married woman, who, under a power of ap- pointment given to her by her late father's will, appoints a life estate in a trust fund to her husband, and the capital amongst her children in unequal shares, the shares giten to one daughter to be to her separate use. 986 Appointment by testatrix (a widow), under a power con- tained in her marriage settlement, of freehold property to her eldest son in fee, and of copyhold and leasehold estates, upon trust for her four younger children abso- lutely as tenants in common, with cross limitations in case either of them should die in testator's lifetime, or under the age of 21 years, without leaving issue. 987 "Will of a married woman appointing an absolute interest in personalty to her husband (with legacies to other persons), under the usual settlement power in default of children. 988 Will of a married woman appointing a life estate in per- sonalty to her husband. 989 Will of husband appointing a life estate in personalty to wife. 990 Will of a married woman exercising alternative powers contained in her marriage settlement, and containing a general bequest of personal estate. 991 Will of a married woman disposing of personal estate, by virtue of a settlement made previously to marriage. 992 Will of a married woman under a power contained in her father's will, appointing property in favour of her children and grandchildren at 21 or marriage; in de- fault to husband. 993 Will of a widow disposing of property to her children, by virtue of a power given her in her husband's will. 994 Will of personal estate by a married woman under a power in her marriage settlement. 995 Will exercising a power of appointment in a marriage settlement, and also powers of charging portions for younger children. Appointment of portion to a married daughter, and appointment of the residue of the sum authorised to be charged among testator's other younger children equally. Maintenance clause. Appointment of guardians. Of Advowsons. 996 Devise of an advowson. 997 Advowson for benefit of son, not yet in orders. 998 Devise of an advowson, of which the testator is inciun- bent, upon trust to present, and then to sell. 999 Devise by the incumbent of a living and owner of the perpetual advowson, of the same advowson to trustees, in trust to present a person above the age of — years, and then to sell. 2 Prid. 451. 2 Hug. 694. 829. Prior, 185. 3J 187. if 188. 4Dav . 567. Love. 520. Wilk. 231. 2 Jones, 417 4 Dav. 563. Chr. 348. 2 Jones, 419. 2 Eouse, 47. 2 Hug. 646. Ohr. 214. Digitized by Microsoft® WILLS. 519 Wills of Personal Estate. 1000 Form of simple -will in favour of one person. 1001 Bequest to trustees upon trust for daughter to her separate use, and afterwards for her children. 1002 Will of a maiden lady, who, having survived all her re- lations, bequeaths her property, all personal estate, to or in trust for certain persons, her friends and servants. a. Codicil to the above will. 1003 WiU of personal estate by a father in favour of his wife, children, and grandchildren, without the iutervention of trustees. 1004 Will bequeathing a sum of money to a wife and children, which testator was empowered to raise on his settled estates by an Act of Parliament. 1005 Win of personal estate, whereby the testator directs the interest of his property to be paid to a feme covert separately for life, then to her husband for life, and the principal to their children. 1006 Will bequeathing an annuity to testator's sister, and a provision for a natural son. 1007 Will providing an annuity by a man for his wife (after separation) and provision for his children. 1008 Will bequeathing leasehold property to wife and rela- tions, with power for trustees to sell and pay debts. 1009 WUl bequeathing portions to several children, and ap- pointment of guardianship. 1010 Will bequeathing legacies to relations and servants, and an annuity to a feme covert, for her separate use. 1011 Will making a provision for natural children, with the usual clauses for maintenance and survivorship. 1012 WUl bequeathing a legacy and stock to testator's wife, and also all his household furniture ; bequest of stock to several legatees. Bequest of one year's wages, and of mourning, to domestic servants. Bequest of annuities charged upon a freehold estate, with powers of distress and entry ; subject to the annuities, the testator devises his real, and all his residuary estate to his heir-at-law ; with a proviso that all persons claiming under the will must acquiesce in the dis- positions, or forfeit all claim under it. 1013 Bequest of legacies to children. Also annuities of £100 to each of testator's three younger sons, and of £50 each to his four daughters ; the shares of the daughters to be to their separate use. Proviso for determining the annuities given to the sons, in case of their bankruptcy or insolvency, the annuities to be charged upon the whole of testator's real and personal estate, with powers of distress. Devise of residue, chargeable with annuities, to testator's eldest son, absolutely, and appointment of the son and the trustees as executors. Variation where trustees 2 Eoiise, 36. Green. 406. 2 Jones, 284. „ 294. 322. 360. 368. 403. 429. 406. 412. 415. 421. 2 Hug. 708. Digitized by Microsoft® 520 WILLS. Wills of Personal Estate — continued. are invested witli a power to pay the annuities out of the testator's general estate, or to purchase such annuities from the government, or public com- panies, &c. 1014 Will, by which a testator bequeaths an annuity payable out of his general personal estate to his wife during widowhood, with a substituted annuity of a lesser sum in case of her second marriage, the residue of the personal estate upon trust for testator's children who, being sons, shall attain 21, and who, being daughters, shall attain that age or marry ; sons' shares to be paid to them at 21, but daughters' shares to be settled to their separate use, with a power of appointment amongst their children or issue ; and in default of appointment, upon all the children of the daughters, who being sons, shall attain 21, or who, being daughters, shall attain that age or marry. In case of death of any of the daughters without leaving issue, her share to sur- vive to the others. Hotchpot clause. Provisions for maintenance and advancement ; power for daughters to appoint life estates to their husbands. 1015 Will devising the testator's capital mansion house, manors, &c., to trustees, to secure an annuity of £350 to his wife, with powers of distress, entry, and sale ; and subject thereto, to his eldest son in fee, to whom he also bequeaths his household furniture, farming stock, &c., and also certain leasehold estates. 1016 Short form of a will, bequeathing legacies and annuities, chargeable upon personal estate, with directions that a sufficient portion of the estate shall be invested to satisfy the several annuities. The residue to be divided into four equal parts ; two-fourths to be in trust for the children of a deceased brother who shall be living at her decease, with a clause substituting the issue of a deceased child in the parent's place. Also provisions for maintenance, &c. The remaining two-fourths to be invested by the trustees, with power to vary securities, and the interest to be paid equally between testatrix's two sisters during their joint lives ; and after the decease of either of them, the capital to go to the survivor. 1017 Bequest of a legacy of £500 to testator's brother ; also of legacies of £1000 to each of the brother's sons on attaining 21, and substituting issue in place of sons dying without acquiring vested interests. Devise of a freehold estate to testator's brother for Hfe, with re- mainder to trustees in fee, upon trust to sell, and to stand possessed of purchase-monies, upon trust for daughters of testator's brother on their attaining 21, or marriage with consent. Directions to invest the pre- sumptive shares of any daughter whilst under age and unmarried, and to apply a sufficient portion of the 2 Hug. 716. „ G83. „ 097 704. Digitized by Microsoft® WILLS. .521 Wills of Personal Estate — continued. income towards their maintenance. In case of daughters marrrying without consent, the income of their shares is to be applied to their separate use, and the principal divided amongst their children. 1018 Will by which testator, after giving directions about his funeral, ratifies his marriage settlement, gives to his wife the use of his mansion and household furniture, plate, jewels, &c., to be equally divided amongst his daughters. Also absolute bequest to wife of the furniture of her bed-chamber, and of a carriage and a pair of horses ; also of housekeeping provisions, fuel, and fodder and of all her wearing apparel and linen ; also of all the testator's ready money. Also bequest of all other the testator's horses, carriages &c., to his eldest son. Of his fowling pieces, sporting dogs, fishing tackle, &c., to his second son, with the option of selecting any two sporting dogs from testator's kennels; also bequest of six dozen of wine to a friend, the rest to go to his eldest son. Also bequest of a cabinet of curiosities, of wearing apparel to a servant. Eelease of a debt on a promissory note, and also of a debt on bond. Bequest of a legacy to a creditor, with a declaration that it shall not be considered a satisfaction of the debt. Bequest of one year's wages and a suit of mourning each to servants, and of mourning to friends. Also bequest of £1000 to younger sons, and of £750 to daughters in addition to the portions secured to them by testator's marriage settlement. Bequest of all testator's leaseholds to his eldest son. Appointment of trustees and executors, with legacies of £200 each for their trouble. Bequest of residue amongst all testator's children in equal shares, and appointment of widow, during widowhood, to the guardianship of her children. 1019 Will bequeathing £1500 to be invested in stock, and the dividends applied in the maintenance of a charity school upon the principles of the established church, with a desire that the donation may be denominated after the donor's name. Also, bequest of £100 to be invested in the funds, and the dividends to be laid out in bread, to be distributed in penny loaves weekly amongst such poor persons as the minister and churchwardens of the parish for the time being may consider most deserving. Also, bequest of £350 to be invested in like manner, and the dividends applied in keeping certain almshouses in repair, and, if necessary, in enlarging the same. Also, bequest of £250 to be invested, and the dividends laid out in blankets, to be distributed amongst such poor persons as the minister and churchwardens should consider most deserving, on every Christmas day. Also, bequest of £500 to the 2 Hus. 72 1, ■11. Digitized by Microsoft® 522 WILLS. 1020 1021 1022 1023 1024 Wills of Personal Estate — continued. Society for the Promotion of ChriBtian Knowledge; and of two like sums, one to the Society for the Propaga- tion of the Gospel in Foreign Parts, and the other to an infirmary, with directions, that in case of a deficiency in assets, the three last mentioned bequests shall abate rateably, and in case of there being any surplus, the same is to belong to the executors. Also, power to add to the number of trustees whenever the number shall be reduced to three, in such manner as shall make up the number of six trustees. Will of a spinster, bequeathing charitable legacies ; the residue devisable between nephews, a niece, and the children of a deceased niece. Will containing bequests to several charities therein eniunerated. Certain pecuniary legacies bequeathed in a preceding part of the will are charged upon the real in aid of the personal estate, the charitable legacies being charged exclusively upon the personal estate, vrith a direction that they are not to abate in proportion with the pecuniary legacies, in case of a deficiency of assets. Clauses by which the sum of £3500 is bequeathed for the purpose of repairing a school-house, and resi- dence for the master, and for supplying books for the scholars, and in augmentation of the schoolmaster's salary. Also, a bequest of £500 upon trust, to invest the capital in the funds, and apply the same in placing out poor children as apprentices. Also, a bequest of £1500 for the benefit of a mechanics' institute, the capital to be invested as a separate and permanent fund, to be called after the donor's name, and the income applied for the purposes of the institution. Short form of a will by which testator, a widower, who has been twice married, bequeaths pecuniary legacies to a son and daughter of a former marriage, and the residue of his property, consisting wholly of personal estate, upon trust for his four children by his second marriage, in equal shares, which are to be paid or transferred to them on their attaining their respective ages of 21 years, with provisions for survivorship and accruer; with directions also for the investment of trust money, and that the income shall be applied towards the maintenance and education of the children during their respective minorities. Also power to advance any portion of the children's shares, not exceeding two-thirds, towards their placing out in life. Directions that testator's sister shall have the superintendence of his four younger children during their respective minorities. With power to adjust claims, compromise debts, refer to arbitration, &c. Short form of a will, by which a testator directs his property, consisting wholly of personal estate, to be 2 Hug. 750 H. & J. 114. 2 Hug. 764. 767. 804. Digitized by Microsoft® WILLS. 523 Wills of Personal Ebtats— continued. divided into five equal parts, one-fifth to be paid to his eldest child, a son, immediately, and the other four- fifths upon trust for his two younger children, to be paid to them on their attaining 21, the interest in the meantime to be applied towards their maintenance, with power to change trustees. 1025 Bequest of one-third of residuary estate to which testator is entitled under the will of a deceased uncle, upon trust for the separate use of a sister of testator for life for her separate use, with power of appointment in favour of her children ; and in default of appointment, upon trust for her children absolutely, and in case of no children to go to testator's brother absolutely. Proviso for determining sister's interest in case she shall marry a particular person. Devise of premises which testator holds as mortgagee in possession in fee, and also of mortgage- money to his brother, subject to the subsisting equity of redemption. Bequest of a bond debt for £750 due from testator's brother-in-law to the wife. Power for trustees to defer calling in debts owing to testator from his brother-in-law. Bequest of residue between testator's brother and sister in equal shares. 1026 Legacies and annuities to testator's brothers and sisters, residue to one brother. 1027 Personalty for wife and children. 1028 Will of personalty ; absolute gift of consols to one son; settlement of the same amount on another son during life, with gift over to his children, and power to appoint a life interest to a wife ; residue between the two sons equally. 1029 Will of personalty among children settling the shares of testator's daughters so as to give them a general power of appointment, and in default of appointment, settling their shares on themselves and their children. 1030 Will of personalty among children settling the daughters' shares on themselves and their children, but with power to give a life estate to a surviving husband. 1031 Will of personalty among children, settling the daughters' shares on themselves and their children, without power to give a life estate to a husband. 1032 Will of personalty among children settling the daughters' shares on themselves and their children, and so as to prevent alienation of their life interest even when discovert. 1033 Will of personal estate. Trust for conversion. Trusts for wife for life, and for children and issue of testator, per stirpes ; in default of such children and issue, for nephews and nieces (nominatim), and their issue, per stirpes. 1034 Will of personalty. Trusts for wife during widowhood, then for children and issue as wife may appoint ; in default of appointment, for children and issue living 2 Hug. 819. „ 837. Prior, 167. „ 169. „ 170. „ 171. „ 172. „ 173. „ 173. Hous. 305. Digitized by Microsoft® 5-2i WILLS. 1036 1037 1038 Wills of Personal Estate — continued. at decease or second marriage of wife, per stirpes. Variation giving one moiety to wife during widowhood. 1035 Will of personalty. Specific bequests. Bequest of residue ; as to a specified part for a life interest, with alternative gifts over. As to the rest on usual trusts for conversion. Trusts for testatrix's sister for her life and her children at 21, &c. ; if none, an absolute gift over. The sister's life interest to be for her separate use, inalienable even when dis- covert, and her interest, as well as that of her chil- dren, to determine in case of her surviving an aunt (in which she would take an absolute interest in other funds) ; gift over in this event, as well as in default of children. Usual clauses and powers. Will disposing of personal estate among the testator's sons and daughters, the shares of .the daughters on trusts for their separate use, and to be settled on their marriage. Ditto. Will bequeathing the dividends of specific funds and a leasehold residence and use of furniture, &c., to widow for her life, with proviso in case the testator should have sold the specific property. Devise of freeholds and copyholds to trustees for sale. Re- siduary estate for testator's nine children, equally; as to five sons, their shares to vest at 25, with a substitutionary gift to their children ; the remaining four shares to be invested for the benefit of three daughters and a son for life, and then for their children ; with a proviso for forfeiture of the life interests on alienation, and for accumulation of the forfeited income. Advancements to be deducted from the respective shares. Proviso for settling questions as to the rights under the will. 1039 WiU of an unmarried woman, disposing of personal property amongst her brothers and a nephew. 1040 Will of a widow, disposing of houses held by leases for terms of years, and other personal property amongst her children. 1041 Will of a married man, giving personal property to his wife and children. 1042 Will of personalty. Bequest of wearing apparel, jewels, &c., to wife, and mourning to children and servants. Bequest of leaseholds and all other person- alty to trustees, in trust to convert the same into money and invest the money in the purchase of stock, and stand possessed thereof, upon trusts for securing an annuity to testator's wife, and portions to children. Eesidue to children equally. 1043 Will bequeathing legacies, and bequeathing residue of testator's personal estate to his wife absolutely, with a recommendation as to the disposal thereof, but so as not to create a trust. Hous. 309. Prior, 316. Sw. on W. 211. Sweet, 349. >» 301 )ve . 518. )j 519. M 520. Chr. 189. „ 462. Digitized by Microsoft® Wills. 525 1044 1045 1046 Wills of Peksonal Estate — continued. Will bequeathing a sum of money to trustees, upon trust to lay out the same in the purchase of an annuity, to be paid to an insolvent, so long as the trustees shall think proper ; and then upon trusts for his children. Appointment of executors. (Trustee clauses, &c.) Will of personalty. Legacy to be invested for an only (married) daughter and her husband successively for life and then for daughter's children. Eesidue to testator's wife. Will bequeathing entire personal estate to wife, with recommendation in favour of relations. 1046a Will in favour of wife, son, and daughters. Residuary personalty (except stock in the funds) to wife. Realty to be converted. The bulk of the property given in legacies for the benefit of children, &c. Annuities to mother and sister. Will. Specific and pecuniary legacies. Residue for conversion. Annuity to wife during widowhood. Residue for children ; sons' shares to vest at 25. A moiety of each daughter's share for her separate use for life, and then for her children. Variation by which the vesting of grandsons' share is postponed until 25. Provision for illegitimate child. Will of personal estate only, pecuniary legacies. Residue to grandchildren on condition that none of them marry into a certain family, with gift over. Win disposing of residuary personal estate in favour of the testator's wife and children. Bequest of furniture to wife for life and widowhood, with directions as to inventory. 104 1048 1049 1050 Miscellaneous. 1051 Mutual wills. 1052 Bequest to the National Society for Promoting the Edu- cation of the Poor. 1053 Bequest to the Literary Fund Society. 1054 Bequest to the Church Building Society. 1055 Bequest to the Incorporated Clergy Orphan Society. 1056 Appointment by will by a married woman in exercise of power reserved to her by marriage settlement. 1057 Will of married woman under a power. 1058 Ditto. 1059 Appointment of rent-charge for husband, under a power. 1060 Ditto. 1061 Appointment under a general power. 1062 Ditto. 1063 Powers of appointment. 1064 Exercise of power of appointment. 1065 Grift under a power. 1066 Ditto. 1067 Apportionment of rent payable. Chr. 217. 11 Jar. 962. „ 964. „ 964. „ 968. Wilk. 226. 11 Jar. 958. Green. 405. H. & J. 506. Shel. Mort. 983. 983. 983. 984. 2 Crabb, 1586. R. P. M. 287. 2 Rouse, 112. „ 112. R. P. M. 287. „ 287. 2 Rouse, 112. H. & J. 446. 447. 2 Rouse, 69. R. P. M. 287. 2 Rouse, 68. Digitized by Microsoft® 526 WILLS. 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 and MisoELLAiTEOUS — Continued. 1068 Apportionment of mortgage debt. 1069 Devise of lands contracted to be sold. 1070 Devise of lands contracted to be purchased. 1071 Devise of rent-charge, vrith powers of distress entry. 1072 Bequest of legacy for separate use of married woman. 1073 Another form of bequest to separate use of married woman. 1074 Trust for testator's son until he shall incumber or be- come bankrupt, &c. 1075 Provision in case of bankruptcy of legatees. 1076 Provisions in lieu of widow's dower or jointure. 1077 Provision as to sale of devised estates. 1078 Provision for purchase of estate being vacated. 1079 Provisions as to an advowson. 1080 Provisions as to annuities. 1081 Charge of real estate in aid of the personalty. 1082 Marriage to be with consent. 1083 Will of woman married to husband of deceased sister. 1084 Ditto. 1085 Settlement (intended to supply the place of a will) of money in the funds and a mortgage debt, (transferred by a separate deed,) in trust for the settlor, a widow, during her life ; and after her decease, for such persons as she shall appoint ; and in default of appointment for her children, (all daughters,) in aliquot shares for their separate and inalienable use for life, with an ulte- rior trust for their respective children or more re- mote issue. Trusts for maintenance and advancement. Codicils. 1086 A codicil. 1087 Ditto. 1088 Ditto. 1089 Ditto. 1090 Ditto. 1091 Ditto. 1092 Ditto. Codicil appointing additional executor, trustee, and guardian. Codicil appointing a new trustee and executor in the room of a trustee and executor of the will, who had died in testator's lifetime. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto. Ditto (and giving an additional legacy). 2 Rouse, 70. H. & J. 458. „ 459. 2 Crabb, 1588. „ 1591. „ 1592. „ 159.3. H. & J. 443. „ 49;3. R. P. M. 290. 290. 2 Crabb, ]589. „ 1587. 2 Hug. 649. H. & J. 493. E. P. M. 289. 2 Rouse, 114. Sweet, 265. R. P. M. 289. Ship. 739. H. & ,]. 511. Hous. 333. 2 Rouse, 115. 2 Jones, 436. Moore, 213. 11 Jar. 971. „ 973. 2 Prid. 455. R. P. M. 289. 2 Crabb, 1594. C. 287. H. & .J. 416. Prior, 185. 2 Rouse, 115. Green. 404. Digitized by Microsoft® WILLS. 527 Codicils — continued. 1103 Codicil substituting two persons, in lieu of those named in the will, as trustees and executors. 1104 Ditto. 1105 Codicil appointing two new trustees in the place of a deceased and a retiring trustee. 1106 Codicil substituting a trustee and executor for one appointed by the will. 1107 Codicil appointing substituted trustees, and exercising a limited power of appointment. 1108 Codicil appointing an additional trustee and executor. 1109 Codicil revoking the appointment of one of trustees and executors, and appointing a new one in his place. 1110 Codicil revoking the appointment of two or three trustees and executors, and substituting others. 1111 Codicil appointing a new trustee. 1112 Codicil appointing a new trustee, and devising and bequeathing leaseholds for lives and years to trustees, upon trust to pay rents and renew leases ; and subject thereto, upon trusts corresponding with the uses of fee simple estates devised by the testator's will. 1113 Codicil made after the purchase of real estates. 1114 Ditto. 1115 Ditto. 1116 Codicil declaring that property in a particular locality purchased since the date of the will, shall not be comprised in devise in the wiU. 1117 Codicil devising a freehold estate, purchased since the date of the will, to a devisee in fee, and revoking a previous devise of freehold property to another devisee, which is now devised to trustees upon certain trusts. 1118 Codicil devising a freehold estate, contracted to be pur- chased subsequently to the date of the will. 1119 Codicil by a testator who has contracted for the pur- chase of lands, directing that the acceptance or rejection of the title thereof shall be left to the dis- cretion of trustees. 1120 Codicil, made after marriage, confirming the will, giving an annuity to the testator's wife, and admitting his children by her to share in his general estate with the children provided for by his will. 1121 Ditto. 1122 Ditto. 1123 Codicil reviving a will revoked by marriage. 1124 Ditto. 1125 Ditto. 1126 Codicil reviving a former vrill previously revoked. 1127 Ditto. 1128 Ditto. 1129 Ditto. 1130 Another form. 1131 Codicil for the purpose of reviving a will revoked by Sweet, 11 Jar 355. 973. 3 Hug. 68. 4Dav. 571. 2 Prid. 572. 456. !) 455. H. & J. 410. Dav. Con. 432. Chr. 236. 11 Jar. 974. Sweet, 353. Sw. on W. 223. Chr. 417. 3 Hug. 52. „ 50. Chr. 221. 11 Jar. 974. Sweet, 353. Sw. on W. 222. 220. Sweet, 351. 11 Jar. 977. 3 Hug. 70. 11 Jar. 979. Sweet, 354. Sw. on W. 223. 224. Digitized by Microsoft® 528 WILLS. Codicils — continued. the testator's marriage, and confirming the original will, and also bequeathing a legacy to his wife. 1132 Codicil reviving a will revoked by marriage, and revoking two pecuniary bequests, and giving an additional legacy to two brothers. 1133 Codicil to a will made while the statute 7 & 8 Vict. c. 76, was in force, substituting for limitations intended to operate as executory limitations in fee, but, by the subsequent statute 8 & 9 Vict. c. 106, converted into contingent remainders, other vested limitations in fee, with executory limitations over in certain events. 11 34 Codicil directing that a sum paid to one of the testator's children in his life, shall be taken in part satisfaction of his share under wiU. 1 1 S.") Codicil by an uncle who had paid a sum of money to a legatee under his will, declaring that the money so paid was not in satisfaction of the legacy. 1136 Codicil declaring that money paid by the testator shall be in satisfaction pro tanto of share of residue given by the will. 1137 Codicil altering the amount of a legacy in consequence of an advancement by the testator. 1138 Codicil altering the number of shares into which a residue is to be divided in consequence of one of the residuary legatees having been advanced by the testator. 1139 Codicil giving power to trustees to purchase Govern- ment annuities, or to invest funds to meet annuities bequeathed by will, and thereupon discharging pro- perty which, by the will, was charged with same. 1140 Codicil suspending payment of legacies given by testa- tor's will. Eevocation of trusts of premises in , and gift of the same to testator's wife for her life. Declaration that portions advanced to daughters, and bequests in favour of testator's wife and children, are in satisfaction of their claims under his marriage settlement. Direction that legacies shaU be paid free from legacy duty. 1141 Codicil devising and bequeathing real and personal estate. Eevocation of bequest in will of certain real estates, and devise of the same in trust for sale, with special powers for the trustees to sell, subject to stipulations for building on and improving the lands BO sold ; also powers for the trustees to reserve ease- ments and rights of road. Trusts of purchase-money to pay debts, &c. ; and the residue to be held upon the trusts declared by the testator's will of money to arise by a sale of the estates thereby settled. Power to sell in consideration of fee-farm rents. Bequest of articles as heir-looms, with directions as to their preservation. 1142 Codicil devising copyholds for sale. Hotchpot clause 3 Hug. 73. Wilk. 252. 11 Jar. 975. 2 Prid. 456. Chr. 415. „ 416. 4 Dav. 575. „ 577. 2 Prid. 457. Chr. 242. „ 300. Digitized by Microsoft® WILLS. 529 Codicils — continued. as to certain sons who have received advances in the testator's lifetime. 1143 Codicil revoking a devise in favour of an illegitimate child, and limiting a term to trustees to raise an annuity for his benefit until bankruptcy or in- solvency, or until he dispose of the same, upon con- dition that he cease to use the testator's name. Bequest of a vase as an heirloom. 1144: Codicil. Devising freehold estates in to trustees for a term of years, and subject to the said term, to such of testator's sons as should first attain the age of 21 ; and, in default of such issue, to testator's daughters who shall attain the age of 21 ; if more than one, as tenants in common, and if but one, then the whole to that daughter ; and, in default of such issue, to testator's nephew in fee. Trusts of term of years to be a secondary security for a jointure rent- charge secured by testator's marriage settlement. (Trustee clauses). 1145 Codicil bequeathing legacies and annuities, and a sum of money, upon trust to pay the interest to a person until he shall attain the age of 25, and then to assign the principal to such person. 1146 Codicil giving directions as to funeral. Revoking some legacies; altering other legacies; and forgiving a debt due to the testator. 1147 Codicil bequeathing articles described in the will as in the testator's house, and since removed. 1148 Codicil bequeathing three sums of money to trustees, upon trust to invest the same, and to pay the pro- duce thereof respectively to three different persons for their respective lives. "With remainder as to one sum to the granddaughters of the tenant for life of such sum. As to one other sum for the children of the tenant for life of such sum. In default of such children, upon the trusts declared of the third sum. And as to the third sum, upon trust for the children of the tenant for life of such sum. (Trustee clauses). 1149 Codicil revoking a devise of real and personal estate devised upon trust for sale for the benefit of testator's daughters, a son having been subsequently born, and devising such real estate to the son in fee, but in case of his death under the age of 21 years, the estates are to revert to the trustees upon original trusts contained in the will. 1150 Codicil, revoking a devise limiting an equitable estate to testator's daughter for 99 years, determinable on her life, with limitations to her issue in tail, and substituting annuity of £100, payable to her quarterly for her separate use, subject to which the property is limited to a nephew of the testator for life, with limitations to his first and other sons in Chr. 358. „ 367. „ 382. „ 409. „ 412. „ 414. „ 457. 3 Hug. 75. Digitized by Microsoft® 530 WILLS. 1154 1155 Codicils — conitntied. strict settlement, with the ultimate limitations to the nephew in fee. 1151 Codicil bequeathing stock which has lapsed by the legatee's death, to her children living at testator's decease, payable at 21, with directions that the dividends shall, in the meantime, be applied for their maintenance. 1152 Codicil, revoking bequests in favour of children, in case of tlieir setting up any claim to property sold by testator, and upon which they appear to have a claim under his marriage settlement. 1153 Codicil, by which testator bequeaths a policy of assur- ance for £1500, which he had effected in the Law Property Assurance and Trust Society, upon his interest in certain leasehold property, determinable upon three lives bequeathed to legatee by the will, but which is now determinable on the testator's decease, two of the lives having dropped, and the testator's being the only remaining life on the premises. Codicil revoking bequest to trustees and appointment of executors, and substituting the secretary for the time being of the Law Property Assurance and Trust Society as trustee and executor. Codicil bequeathing a policy of assurance in the Law Property Assurance and Trust Society, effected by testator upon leasehold premises bequeathed by the will, but which are now become determinable upon his decease, upon the same trusts, as were limited of the leasehold estates with power for trustees to con- fide the trusts to the management of the above- mentioned society. 1156 Codicil providing for the application of income given to a married woman subsequently become a lunatic. 1157 Ditto. 1158 Codicil of widow putting a married daughter living with her, apart from her husband, on a footing with her unmarried or widowed sisters, and excluding her from sharing in the residue. 1159 Codicil bequeathing lapsed legacies, and reducing and increasing other bequests. 1160 Codicil of widow giving one of two daughters a power of appointment over her moiety, and defeating right of survivorship as declared by will. 1161 Codicil when exact date of will cannot be ascertained. 1162 Ditto. 1163 Codicil altering a will and giving new legacies. 1164 Ditto. 1165 Form of substituted and additional bequests. 1106 Codicil revoking a will in the possession of a third party. 1 167 Codicil bequeathing a specific and a pecuniary legacy. 1108 Codicil partially revoking a legacy. 3 Hug. 55. „ 57. „ 59. 61. 63. „ 65. 2 Eouse, 116. E. P. M. 289. Wilk. 253. „ 254. „ 255. R. P. M. 290. 2 Rouse, 116. Love. 536. 2 Jones, 437. 3 Hug. 53. „ 69. 4 Dav. 570. Dav. Con. 482. Digitized by Microsoft® YEAR TO YEAR (TENANCY FROM). 581 Codicils — continued. 1169 Codicil republishing a will made before the 1st January, 1838. Miscsllaneous Forms. 1 170 Memorandum of alterations and re-execution of will. 1171 Ditto. 1172 Ditto. 1173 Ditto. 1174 Form of marginal alteration in a will. 1175 Ditto. 1176 Ditto. 1177 Ditto. 1178 Alteration of a will subsequently to its execution. 1179 Memoranda of alterations. 1180 Simple revocation of a will. 1181 Ditto. 1182 Ditto. 1183 Revival of a will by a separate instrument. 1184 Revival of wills. 1185 Revocation of wills. 1186 Testimonium clauses. 1187 Attestation clauses. YEAR TO YEAR (TENANCY FROM) {see Leases, ante). Love. 537. 3 Hug. 71. 11 Jar. 978. Sweet, 352. Sw. on W. 221. 221. Sweet, 352. 11 Jar. 978. 3 Hug. 72. Love. 535. H. & J. 509. 11 Jar. 978. Sweet, 354. Sw. on W. 223. 220. H. & J. 510. „ 510. 507. 508. Digitized by Microsoft® Digitized by Microsoft® APPENDIX. ABSTEACT OF "THE STAMP ACT, 1870," WITH SCHEDULE OF DUTIES. This act came iuto operation on the 1st January, 1871, and its principal fea- tures are ; the substitution of a general duty of 10s. in lieu of 35s. formerly paid for deeds and in other cases ; the discontinuance of progressive duty ; and the rendering the property of the Crown liable for duty. GENERAL REGULATIONS. By s. 7, (1), every stamp is to so appear on the face of the instrument that it can- not be applied to other instrument on the same material ; (2), if more than one instrument on same material, each to be separately stamped with duty chargeable. By 9. 8, except where provision to contraiy in this or other act (1), an instru- ment relating to several distinct matters to be separately and distinctly charged for each ; (2), an instrument made for consideration chargeable with ad valorem duty, and also for further or valuable consideration, to be charged in respect of latter as if a separate instrument. By s. 9, (1) ; a stamp, which by word on face appropriated to any particular description of instrument is not to be available for instrument of other description ; (2) an instrument within description to which stamp appropriated, not duly stamped unless with appropriated stamp. By s. 10, facts affecting liability to ad valorem duty or amount, to be fully and truly set forth in the instrument, and in default a penalty of 101. is imposed on person executing or preparing same. By s. 11, where instrument chargeable with ad valorem duty on money in foreign or colonial currency, duty to be calculated on the value of such in British currency, according to the current rate of exchange on date of instrument. By 3. 12, duty on value of stock or marketable security, to be calculated ac- cording to the average price on date of instrument. By s. 13, instrument which states current rate of exchange or average price, and is stamped accordingly, to be deemed duly stamped, unless and untU shown that statement is untrue. By s. 14, where the duty depends upon duty paid upon another instrument, such payment may, on production of both instruments, be denoted as commissiouei's think fit. By s. 15, except where express provision to the contrarj', any unstamped or in- sufficiently stamped instrument may be stamped after execution on payment of the unpaid duty and a penalty of lOZ. ; and further penalty, if unpaid duty exceeds lOZ., of interest at 51. per cent, from date when the instrument was first exe- cuted, to the time when such interest is equal to unpaid duty, and the payment of penalty to be denoted on the instrument by a particular stamp. Provided (a), that if instrument has been first executed out of the United Kingdom, it may be stamped within two mouths after first received in United Kingdom on Position and number of stamps. Separate duties. Use of appro- priated stamps. Facts affecting duty to be stated. Money in foreign cur- rency. Stock and secu- rities. Effect of state- ment of value. As to denoting stamp. Stamping after execution. Digitized by Microsoft® 5.". 4 APPENDIX. Receiving in evidence un- stamped or insufficiently stamped iustru- ment. The Commis- sioners to ex- press their opinion on duty. Books, (fee. to be open to inspeo- tion. How duties to be denoted. Cancellation of adhesive stamps. Penalty for frauds in rela- tion to adhesive stamps. Affidavits and declarations how to be made. Recovery of moneys. payment of unpaid duty only ; (6) that commissioners may at any time witliin twelve months after the first execution of any instrument remit the penalty or any part. The 15 & 17 ss. enact the terms on which un.iitamped or insufficiently stamped instruments may be received in evidence ; and the mode of payment of duty and penalties in court. The 18th s. provides, that, subject to regulations to be made by commissioners, they may be required to express their opinion as to any executed instrument ; (a) whether it is chargeable with any duty ; (6) and with what amount. The mode and effect of proceeding is stated, and the 19 & 20 ss. allow an appeal, state the mode of proceeding, and the evidence the commissioners may require to be furnished with. By ss. 21 & 22, power is given to commissioners to inspect books in the custody of public officers, and penalties are imposed for refusal to permit such inspection, or improper inrolment, By the 23 s. except when express provision made to contrary, all duties are to be denoted by impressed stamps only. By s. 24, an instrument the duty on which is to be denoted by adhesive stamp, is not to be deemed duly stamped unless the person required to cancel the same does so by writing on or across the stamp his name or initials, or the name or initials of his iirm, together with the true date of his so writing, so that the stamp may be effectually cancelled, or unless it is proved that the stamp was affixed at the proper time. — Penalty for neglect or refusal, 101. The 25th s. imposes a penalty of 501. for frauds in relation to adhesive stamps, and the succeeding section provides for the recovery of the same, and impowers the commissioners to mitigate penalty, and to reward person informing them of offence, or assisting in the recovery of penalty. By s. 27th any affidavit or declaration in pursuance of act may be made before any of the commissioners or officer or person authorized by them, or before a person appointed to administer oaths in chancery in England or Ireland, or to take affidavits by the court of session in Scotland, or before any justice of the peace or notary public in the United Kingdom, or elsewhere before any person duly a\ithorized to administer oaths there. By s. 28, it is provided that moneys received and not appropriated shall be a debt due to her Majesty, and recoverable as such accordingly in the Court of Exchequer. SPECIAL REGULATIONS. As to admissions generally. As to admissions to the degree of a Ban*ister-at- law in Ireland, and of students to the Society of King's Inns, Dublin As to admissions or appointments to, and grants of, oflBces or employments. As to agree- ments. As to appoint- ments, A;c., to ecclesiastical benefices, &c. As to appraiso- mcnts. S. 29 provides that the duty payable on an admission is to be denoted on the instrument, if any ; or if not, on the register, entry, or memorandum of the ad- mission in the roUs, books, or records of court, inn, college, &c., in which it is made, or on the rescript or warrant for admission. The 30th s. imposes a penalty of lOZ. on officers for neglect or refusal to prepare or make duly stamped documents or entries. The 31 & 32 ss. provide that distinct accounts shall be kept of certain sums payable to the society of King's Inns, and for the admission as a student there, of a member of Inns of Court, England. The 33rd s. provides, that the fees and emoluments of any office are when practicable to be estimated according to the average amount for 3 years preceding the date nf appointment, and in other cases according to best information that can be obtained. By the 34 & 35 ss., reappointments are not to be chargeable with duty except for augmentation. By s. 36, the duty of sixpence on an agreement may be denoted by an adhesive stamp, which is to be cancelled by person first executing agreement. By s. 37, the net yearly value is to be ascertained and determined by certificate of Ecclesiastical Commissioners for England, to be written on the instrument charged with duty ; two benefices, &c. , united, to be deemed one. By s. 38, appraisements are to be written out within 14 days on stamped material, under penalty, on appraiser, of 60?., and on any person receiving such appraisement unless duly stamped, of iOl. Digitized by Microsoft® ABSTRACT OF "THE STAMP ACT, 1870." 535 By s. 39, every writing relating to the service or tuition of any apprentice, clerk, or servant, (except articles of clerkship to attorneys and others specifically charged with duty) is to he deemed an instrument of apprenticeship. The 40th o. provides that the premium or consideration shall he set out in writing under penalty of 201., and making instrument void. By s. 41, (1), articles in England are not to be charged with more than 801. ; (2), any person bound by articles in order to his admission as an attorney in any of the courts of the counties palatine, shall, on payment of such further duty as, with that previously paid, will make 80?., be entitled to admission iu any of the courts at Westminster. By s. 42, (1), articles in Scotland are not to be charged with more than 601. ; (2), any person bound in order to his admission as a prooui-ator or solicitor in any inferior court in Scotland, shall, on payment of such further duty as with that pre- viously paid wOl make 601., be entitled to admission as a writer to the signet, or as a solicitor or agent in the Court of Session, Justiciary, or Commission of Teinds. By s. 43, save as aforesaid, articles are not to be stamped after expiration of 6 months fi'om date, except in payment (1), of lOZ. if stamped within 1 year after date ; (2), if after 1 and within 5 years, of 101. for every year or pai-t thereof; (3), in every other case, of 501. By s. 44, distinct account is to be kept of lil. of the duty payable on articles in Ireland, and to be paid to King's Inns, Dublin. By s. 45, the terms "banker" and "bank-note,'' are defined ; and by ss. 46 & 47, the re-issuing of hank-notes is authorized ; and a penalty of 501. is imposed on banker not authorized, issuing or permitting to be issued same unstamped, and of 20/. on any person receiving same, knowing it to have been issued un- stamped. By s. 48, (1), the term "bill of exchange," includes also, "draft, order, cheque, and letter of credit, and any document or writing (except a bank-note), entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money therein mentioned ; " (2), an order for payment by biLl or note, or for delivery of same in satisfaction of sum of money, or for payment out of any particular fund upon any condition or contingency, is to be deemed a bill of exchange for pay- ment on demand; (3), an order for payment of money weekly, or at other stated periods, and also order for payment at any time after date of any sum, and sent or delivered by maker to payer, and not to payee, or to any person on his behalf, is to be deemed a biU of exchange for payment on demand. By s. 49, (1), the term "promissory note," includes, any document or writing (except a bank-note) containing «■ promise to pay any sum of money, (2), a note promising the payment of sum out of particular fund, or upon any condition or contingency, is to be deemed a promissory note for said sum. By s. 50, the duty of Id. on bill of exchange for paymentjon demand may be denoted by adhesive stamp to be cancelled. By s. 51, (1), the ad valorem duties on bills and notes drawn or made out of the United Kingdom, are to he denoted by adhesive stamps ; (2), every person into whose hands such biU or note comes in the United Kingdom before it is stamped, shall, before he presents for payment, or indorses, transfers, or in any manner negociates, or pays same, affix thereto a proper adhesive stamp and cancel same ; (3), provided that, if when such bill or note comes into the hands of bona fide holder there is affixed an adhesive stamp effectually obliterated, such stamp shall be deemed to be duly cancelled, although it may not appear to have been affixed or cancelled by proper person ; and if not cancelled, he maj' cancel same, but not to relieve person bound to cancel from penalty. By s. 52, bills and notes purporting to be drawn, &c., abroad, to be deemed to have been so drawn or made, although they may have been drawn or made within the United Kingdom. By s. 53, (1), where a bill or note bears impressed stamp of sufficient amount but improper denomination, it may be stamped with proper stamp on payment of duty and penalty of 40s. if not then payable, or of 101. if payable ; (2), except as aforesaid, no bill or note, shall be stamped with impressed stamp after execution. By s. 64, (1), a penalty of 101. is imposed for issuing, indorsing, transferring, negociating, or presenting for payment, or paying any unstamped hiU or note, and the same is to be unavailable ; (2), provided, that if bill payable on demand. As to instru- ments of appren- ticeship. As to original articles of clerk- skip. As to bank- notes, bills of exchange, and promissory notes. Digitized by Microsoft® 636 APPEKDIX. Aa to bills of lading. Aa to bills of sale. As to bonds given in relation to the duties of customs and excise. As to certificates of attorneys and others. As to the certifi- cates of registra- tion of a design. As to charter- parties. As to contract notes. Aa to convey- ances on sale. liable only to duty of Id. is presented for payment unstamped, presentee may affix proper adhesive stamp and cancel same, and may then pay same and deduct duty in account against drawer, or from the said sum; (3), but not to relieve person from penalty incurred. By s. 55, when a bill is drawn in a set, and one duly stamped, others, unless issued or in some manner negociated apart from such stamped bill, shall be exempt from duty ; and on proof of the loss or destruction of such duly stamped biU, any other bill of the set may be admitted in evidence to prove the contents of one lost or destroyed. S. 56, provides, that a bill of lading is not to be stamped after execution; and imposes penalty of 501. for making same not duly stamped. By s. 67, a copy of bill of sale not to be filed, unless original duly stamped, is produced to proper officer. By s. 58, bonds given in relation to the duties of Customs and Excise are not to include goods, &c., belonging to more than one person. Penalty, 501. By s. 59, every person who practises as attorney, solicitor, proctor, writer to the signet, agent, or procurator, or as notary public, without having stamped certificate, or not making true statement on application for same, shall forfeit 60^., and be incapable of recovering fees, &c. By s. 60, every person who (not being a serJeant-at-law, barrister, or a duly certificated attorney, solicitor, proctor, notary public, writer to the signet, agent, procurator, conveyancer, special pleader, or draftsman in equity, ) for any fee or reward, draws or prepares any instrument relating to real or personal estate, or any proceedings in law or equity, shall forfeit 501. : provided (1) that the above shall not extend to {a) public oliicei' preparing instruments in the course of his duty ; ifi) nor to any person engrossing instrument or proceedings; (2) "instru- ment," not to include [a) wills or other testamentary instruments, (6) agreements under hand only, (c) letters or powers of attorney, (d) transfers of stock, con- taining no trust or limitation thereof. Ss. 61 to 64, contain provisions as to certificates of attorneys and others. By s. 65, the duty of 51. to be denoted bj' stamp, to be specially appropriated for expressing same. By s. 66, duty may be denoted by adhesive stamp to be cancelled by person last executing, or by whose execution it is completed as a binding contract. By s. 67, where executed abroad, any party thereto may witliin 10 day? after receiving it in United Kingdom, aud before it has been executed by any person in United Kingdom, affix adhesive stamp and cancel same, and such iustrument shall be deemed duly stamped. By. s. 68, executed instrument may be stamped with impressed stamp, (1), within 7 days after titst execution, on payment of duty, and penalty of 4s. 6d. ; (2), after 7 days, but within 1 month, on payment of duty, aud penalty of lOZ., and not in any other case. By s. 69, (1), duty may be denoted by adhesive stamps; (2), penalty for making unstamped note, 201.; (3), and no brokerage or commission recoverable on matter of 51. value, unless note duly stamped. By s. 70, "conveyance on sale," includes "every instrument, and every decree or order of any Court, or of any- commissioners, whereby any property upon the sale thereof, is legally or equally transferred to or vested in tlie purchaser, or an}' other person on his behalf, or by his direction. " By s. 71, (1), where the consideration or any part of same, consists of stock or marketable security, ad valorem duty payable in respect of same ; (2), wliere of. security not being a marketable security, ad valorem duty on amount due on day of date, for principal and interest on such security. By s. 72, (1), where the consideration, or any part of same, consists of money payable periodically for definite period, so that total amount can be previously ascertained, ad valorem duty payable on such total amount; (2), where of money payable periodically in perpetuity, or for indefinite period not terminable with life, ad valorem duty on total amount, which will or may, according to terms of sale, be payable during 20 years after date of such instrument; (3), and where money payable periodically during any life or lives, ad valorem duty on amount S5 payable during 12 years ; (4), provided conveyance chargeable vihh ad valorem tluty in respect of periodical payments, and also containing provision for securing Digitized by Microsoft® ABSTRACT OF '.'THE STAMP ACT, 1870." o;i7 same not to he charged with duty for latter, and no separate instrument for securing same to be charged with higher duty than 10s. By s. 73, where conYeyance in consideration of a debt, or subject to future payment or transfer of money or stock, whether a charge or incumbrance on property or not, to be charged with ad valorem duty payable on such debt, money, or stock. By s. 74, (1), where sale for one consideration, and conveyed to purchaser in separate parts by diiierent instruments, consideration to be apportioned as parties think fit, so that distinct consideration for each separate part is set forth in con- veyance relating thereto, and such conveyance is to be charged with ad valorem duty in respect of such distinct consideration ; (2), where purchase for one con- sideration by two or more jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by separate instruments for distinct parts of the consideration, ad valorem duty in respect of same ; (3), where sub-sale before conveyance with immediate conveyance to sub-purchaser, ad valorem duty payable for consideration from the sub-purchaser ; (4), where sub- sale to several before conveyance, and conveyance to different persons in parts, ad valorem duty only on consideration from the sub-purchaser ; (5), where sub-purchaser takes conveyance of purchaser's interest, which is duly stamped with ad valorem duty, any conveyance to be afterwards made to him by original seller exempt from ad valorem duty, and chargeable only with duty to which liable under any general description, and not to exceed ad valorem duty. By s. 75, where on sale of annuity or other right not before in existence, and not created by actual grant or conveyance, but only secured by bond, warrant of attorney, covenant, contract, or otherwise, the bond or other instru- ment, or some one of such instraments, to be charged with the same duty as a conveyance. By s. 76, where several instruments for completing purchaser's title, the prin- cipal instrument only to be charged with ad valorem duty, and others with such duty as they may be liable to, but not to exceed ad valorem duty. By s. 77, principal instrument as follows, (a) where copyhold or customary estates conveyed by deed, no surrender being necessary, the deed to be principal instrument; (6) in other cases of copyhold or customary estates, the surrender or grant, if made out of court, or the memorandum, and the copy of court-roll of the surrender or grant, if made in court ; (c) in Scotland, where a disposition or as- signment by the seller, and any other instrument is executed for completing title, the former to be principal instrument ; (2), in any other case the parties may determine for themselves which of several instruments to be principal. By s. 78. Every instrument, decree, or order, of any coui't or commissioners whereby property on any occasion except a sale or mortgage, is transfeiTed to or vested in any person, is chargeable with duty as a conveyance or transfer of pro- perty ; but conveyance or transfer for effectuating appointment of new trustee not to be charged with higher duty than 10s. By s. 79, an attested or otherwise authenticated copy or extract of (1) an in- strument chargeable with duty, [2) an original will or codicil, (3) probate or probate copy, or will or codicil, (4) letters of administration, or a confirmation of a testament, may be stamped without penalty within 14 days after attestation. By s. 80, the duty on a certified copy or extract of register of births, bap- tisms, marriages, deaths, or burials, to be paid by person re(juiring same and may be denoted by adhesive stamp, to be cancelled by person signing copy or extract. By s. 81, (1), the copy of court-roll of a surrender or grant made out of court not available as evidence unless surrender, or grant, or memorandum thereof duly stamped, of which fact certificate of steward on such copy, sufficient evidence ; (2) the entry on rolls of surrender or grant not available as evidence of surrender or grant, unless same, if made out of court, or memorandum thereof, or copy of court-roll of same, if made in court, duly stamped, of which fact certificate of steward in margin of entry, sufficient evidence. By s. 82, no instrument to be charged more than once with duty by reason of relating to several distinct tenements, in respect whereof several fiies or fees are due to lord or steward. By s. 83, (1), facts and circumstances affecting duty to be fully stated in note to be delivered to steward before surrender or grant made; (2) penalty of 501. for making in court surrender before delivery of such note ; (3) or preparing same aud omitting to state all facts. As to convey- ances on any occasion, ex- cept sale or mortgage. As to attested copies aud ex- tracts. As to certified copies and ex- tracts from registers of births, &LC. As to copyhold aud customary estates. Digitized by Microsoft® 538 APPENDIX. As to delivery orders and ■warrants for goods. As to duplicates and counter- parts. As to exchange or excambion and partition or division. As to grants of honours and dignities. A to leoseSj &c. By s. 84, the steward to refuse (1) to accept in court, surrender or make in court grant, until such note has heen delivered ; (2) to enter on court-rolls, or accept presentment of, or admit any person under, surrender or grant made out of court, or any deed not duly stamped, under penalty of 50Z. for not refusing. By s. 85, the steward shall within 4 months from day on which surrender or grant made in court, make out a stamped copy of court-roll of, same, and have same ready for delivery to person entitled thereto. Penalty for neglect, 501. and the duty payable to he a deht to her Majesty from steward, whether received by him or not ; and also (if not received by steward) from party entitled to such copy. By s. 86, the steward may, before he accepts in court surrender, or makes grant, insist on payment of his lawful fees in relation to same, together with duty payable on copy of court-roll thereof, and may refuse to proceed until such fees and duty are paid. By ss. 87, 88 & 89, delivery orders and warrants for goods are defined, and the duty on same may be denoted by adhesive stamp to be cancelled. By s. 90, the duty upon delivery order is, in absence of special stipulation, to be paid by person to whom order is given, and any person from whom same chargeable with duty is required, may refuse to give it, unless the amount of duty is paid to him. S. 91, (1), declares what documents to be chargeable as delivery orders, and imposes penalty of 201. for making false statement, or signing, issuing, or making use of order not duly stamped, or containing false statement as to nature of transaction or value of goods ; (2) but no delivery order to be invalid in the hands of person having custody of goods therein mentioned, unless he is proved to have been party to some fraud. S. 92, imposes penalty of 201. for making, issuing, or receiving by way of security or indemnity, unstamped warrant. By s. 93, a duplicate or counterpart (except the counterpart of a lease not executed by or on behalf of lessor) is to be stamped as an original instrument, unless it appears by some stamp impressed thereon that the proper duty has been paid on the original. By s. 94, where upon exchange, partition, or division of real or heritable property, any consideration exceeding in value lOOZ. is paid or agreed to be paid for equality, the principal or only instrument to be charged with the same ad valorem duty as a conveyance on sale for such consideration ; and where there are several instruments, the principal is to be ascertained, and the other instruments to be charged according to the 76 & 77 ss. of this act. By s. 95, (1), the same letters patent granting to same person two or more honours or dignities to be charged with duty in respect of the highest only ; aud (2) letters patent granting honours or dignities in remainder to be charged with such further duty in respect of every remainder as would have been payable for an original grant of same. By s. 96, (1), agreements for lease or with respect to letting lands, tenements, &c. for not more than 35 years to be charged as if lease made for term, and considera- tion mentioned in the agreement ; (2) a lease made subsequently to, and in con- formity with such agreement duly stamped to be charged with duty of sixpence only. By s. 97, (1), where the consideration or any part consists of produce or other goods, the value to be deemed a consideration chargeable with ad valorem duty, and where the value of such produce or goods is to amount at least to, or is not to exceed a given sum, or where the lessee is specially charged with, or has option of paying after any permanent rate of conversion, the value is to be estimated at such given sum, or according to such permanent rate ; (2) if it contains statement of the vahte of such consideration, and is stamped accordingly, it is to be deemed duly stamped, imless or until such statement is shown to be inooiTect, By s. 98, (1), lease, or agreement for lease, or with respect to any letting, is not to be charged with duty for penal rent, or increased rent in nature of such, or in consideration of surrender or abandonment of existing lease, or agree- ment relating to same subject matter; (2) and no duty to be charged for further consideration either of covenant by lessee to make, or of his having made, any substantial improvement of or addition, to the property demised, or of any covenant relating to matter of lease ; (3), no lease for, or for years determinable with, a life or lives not exceeding 3, nor for term absolute not exceeding 21 years, granted by an ecclesiastical corporation, to bo charged with higher duty than 35s. ; (4) lease for Digitized by Microsoft® ABSTRACT OF "THE STAMP ACT, 1870." 53 J term exceeding 35 years granted under the "T. C. D. Leasing and Perpetuity Act, 1851," to be charged as if lease for terra not exceeding 35 years ; (5) no lease or agreement for, in Scotland, of any dwelling-house or tenement, or part thereof for term not exceeding 1 year, at a rent not exceeding 101. per annum, to be charged with more than Id. duty. By s. 99, on leases for terms less than 1 year, (1) of any dwelling-house or tenement, or part thereof, at a rent not exceeding 101. ; or (2) of any furnished dwelling-house or apartments, or on the duplicate or counterpart thereof, duty may be denoted by adhesive stamp. By s. 100, a penalty of 51. is imposed for evading the provisions of last sec- tion, but such penalty not to accrue in respect of letters or correspondence. By s. 101, imposes penalty of 201. for executing or issuing letters of allotment, scrip certificates and scrip, not duly stamped. By s. 102, (1), proxies and voting papers charged with duty of Id. to specify day meeting held, and available only at such meeting or any adjournment thereof ; (2), duty may be denoted by adhesive stamp to be cancelled by person executing ; (3) penalty of 501. for executing, or voting under proxy, or voting paper not duly stamped ; (4) vote given to be void ; (5) and no such proxy or voting paper to be stamped after execution. By s. 103, power relating to sale, transfer or acceptance of government stocks duly stamped not to be charged with further duty for containing authority for receipt of dividends on same. S. 104, provides that, writing under hand only containing order, request, or direc- tion from owner of stock to any company, officer of same, or banker, to pay the dividends or interest to any person therein named is not chargeable as letter or power. S. 105 declares, " mortgage " to mean " a security by way of mortgage for the payment of any definite and certain sum of money advanced or lent at the time, or previously due and owing, or forborne to be paid, being payable, or for the repayment of money to be thereafter lent, advanced, or paid, or which may become due upon an account current, together with any sum already advanced or due, or without, as the case may be, " and includes conditional surrender by way of mortgage, further charge, wadset, &e. Also any conveyance of lands, estate, or property in trust to be sold or otherwise converted into money, intended only as a security, and redeemable before sale or disposal. Either by express stipulation or otherwise, except where made for benefit of creditors generally, or creditors specified who accept provision made for payment of their debts in full satisfaction, or who exceed five in number ; also any defeasance, declaration or other deed or writing for defeating or making redeemable or explaining or qualifying any conveyance, disposition, &c. apparently absolute, but intended only as a security. Also any agreement, contract, or bond accompanied with deposit of title deeds for making a mortgage, wadset, or any such other security or conveyance as aforesaid of property comprised in such title deeds, or for pledging or charging the same as a security ; and also any deed whereby a real burden is created on lauds or heritable subjects in Scotland. By s. 106, a security for transfer or retransfer of stock is to be charged with same duty as similar security for sum equal in amount to value of such stock ; and a transfer, assignment, &c. thereof, and a reconveyance, release, discharge, &c. shall be charged with the same duty as an instrument of the same description relating to a sum of money equal to the value of such stock. By s. 107, (1) a, security for future advances to be charged where the total amount secured or to be ultimately recoverable is limited, with same duty as security for amount so limited ; (2) where unlimited, the security to be available for such amount only as the ad valorem duty impressed extends to cover ; (3) but no money to be advanced for the insurance of any property comprised in such security against damage by fire, or for keeping up policy of life insurance comprised in such security, or for affecting in lieu thereof new policy, or for renewal of any lease of property comprised in such security upon the dropping of any life whereon property is held, shall be reckoned as forming part of amount chargeable with ad valorem duty. By s. 108, a security for the payment of rent-charge, annuity, or periodical payments, by way of repayment of any loan is to be charged with same duty as a security for payment of money lent or paid. By s. 109, no transfer of a duly stamped security, and no security by way of As to letters of allotment, acrip certificatea, and scrip. As to letters or powers of at- torney and voting papers. As to mortgage Digitized by Microsoft® 5-1.0 APPENDIX, As to notarial acta. As to policies of insurance. As to receipts. As to settle- ments. further cliarge for money or stock, added to same previously secured by duly stamped instrument, to be charged with duty for containing any further or additional security for money or stock transferred or previously secured, or the interest or dividends thereof, or any new covenant, proviso, power, stipulation, or agreement in relation thereto, or any further assurance of the property comprised in the transferred or previous security. By s. 110, (1) where copyhold or customary lands or hereditaments are mortgaged alone by conditional surrender or grant, the ad valorem duty to be charged on same, if made out of court, or the memorandum thereof, and on the court roll of surrender or grant, if made in court ; (2), where mortgaged together with other property, for securing the same money or stock, the ad valorem duty to be charged on instrument relating to other property, and surrender or grant, &c. , to be charged with duty as if not on mortgage, but not to exceed ad valorem duty. By s. Ill, instrument chargeable with ad valorem duty as mortgage not to be charged with otlier duty by reason of equity of redemption being thereby conveyed or limited in other manner than to, or in trust for, or according to the direction of, a purchaser. S. 112, declares the exemption from stamp duty in favour of benefit building societies shall be restricted to securities not exceeding £500. Ss. 113, & 114, were repealed by the Si Vict. c. 4, ss. 2 & 3 of which declare that "foreign security " shall include every security for money by or on behalf of any foreigu or colonial state, government, municipal body, corporation, or company, bearing date or signed after 3rd June, 1862, (except instrument charge- able with duty as a bill of excliange or promissory note) made or issued in the United Kingdom, or which the interest thereon being payable in the United Kingdom is assigned, transferred, or negociated in the United Kingdom. Penalty for issuing, assigning, transferring, or negociatiug any foreign security not duly stamped £20. By the 115th s. power is conferred on the commissioners to allow foreign security to be stamped withovit payment of penalty before issued or negociated in the United Kingdom. By s. 116, the duty on a notarial act, and on protest of a bill or note, may be denoted by adliesive stamp, to be cancelled by notary. By s. 117, (1) the term "insurance" includes "assurance," and the term "policy," every writing whereby any contract of insurance is made, or agreed to be made, or is evidenced ; and, except as specified, act not to apply to sea policies ; (2) a policy of sea insurance made out, but enforceable within the United Kingdom, to be charged under the 13 Vic. c. 23, and may be stamped within 2 months after first received in the United Kingdom. S. 118. Penalty for not making out policy, or making or acting on policy not duly stamped, 201. By s. 119, duty may be denoted by adhesive stamp to be cancelled under a penalty of 201. S. 120 declares "receipt" to include any note, memorandum, or writing whereby any money amounting to 21. or upwards, or any bill or note for same, is acknowledged to have been received, or deposited, or paid, or whereby any debt or demand, or any part thereof, of 21. or upwards, is acknowledged to have been settled, or which imports any such acknowledgment, and whether or not same be signed by any person. By ss. 121, 122, the duty may be denoted by adhesive stamp, to be cancelled by person giving the receipt ; and, if given without being stamped, may be staiupetl with impressed stamp within 14 days after given, on payment of duty and penalty of 51., and within 1 month, on payment of duty and penalty of 101., but in no other case. The 123rd s. imposes penalty of lOZ., (1) for giving receipt not duly stamped, (2) refusing to give, when requisite, (3) upon payment of 21. or upwards, giving a receipt for less, or separating or dividing the amount paid with intent to evade duty. By s. 124, where money, which may become due or payable on policy of in- surance, or on any security not being a marketable security, is settled or agreed to be settled, the instrument to be charged with ad valorem duty in respect of such money ; provided that, (1) where, in case of policy of insurance, no provision Digitized by Microsoft® SCHEDULE TO "THE STAMP ACT, 1870.' 54L is made for keeping up same, the ad valorem duty to be cliarged only on value of same at date of instrument, and (2) if tlie instrument contains statement of such value, and is stamped accordingly, same to be deemed duly stamped, unless or unto, shown that such statement is untrue. By s. 125, (] ) instrument chargeable with ad valorem duty, as a settlement of monej', stock, or security, not to be charged with further duty for provision for payment or transfer of same ; (2) where settlor has only a reversionary interest, and instrument contains covenant by person entitled in possession to interest or dividends, for payment during such possession, of any annuity or yearly sum not exceeding interest at il. per cent, on amount, such instrument not to be charged with duty for such covenant. By s. 126, (1) where several instruments for settling same property, and ad valorem duty chargeable on same exceeds 10s., one only to be charged with duty ; (2) and where settlement made in pursuance of previous agreement or articles on which ad valorem duty exceeding 10s. has been paid, such settlement not to be charged with ad valorem duty ; (3) but the instruments not so chargeable to be charged with duty of 10s. By s. 127, penalty of 501. imposed for issuing share warrant not duly stamped. .As to share By s. 128, (1) the duty, on request or authority to officer of cost book of mining ^g ^^ transfer of company, to register transfer of share, and, on notice of same, may be denoted by shares in Cost adhesive stamp ; (2) penalty of 201. for issuing or acting on unstamped document. Bo"t Mines. "Money " includes all sums expressed in British or in any foreign or colonial Interpretation currency. °^ terms. " Stock '^ means and includes any share in any stocks or fund.s transferable at the Bank of England or at the Bank of Ireland, and Indiiin promissory notes, and any share in the stocks or funds of any foreign or colonial state or govern- ment, or in the capital stock or funded debt of any company, corporation, or society in the United Kingdom, or of any foreign or colonial company, corpora- tion, or society. " Marketable security " means a security of such a description as to be capable of being sold in any stock-market in the United Kingdom. SCHEDULE. Duty £ s. d. ADMISSION in England, Scotland, or Ireland of any person — As an advocate in any court . . . . . . . . . 50 Exemption. Where a person has been duly admitted as an advocate in any court in Eng- land, Scotland, or Ireland, his admission as an advocate in any other court in the same country is exempt from duty. And see sections 29 and 30. ADMISSION in England or Ireland of any person — To the degree of barrister-at-law. If he has been previously duly admitted to the said degree in Ireland, or in England, as the case may be 10 In any other case . . . . . . . . . . . 60 And see sections 29, 30, and 31. ADMISSION of any person— To be a member of either of the four Inns of Court in England, or a student of the Society of- King's Inns in Dublin 25 Exemptions. (1.) Where a person has been duly admitted a member of one of the Inns of Court in England, his admission as a member of any other of the said Inns is exempt from duty. (2.) Where a person has been duly admitted a student of the Society of Kino^'s Inns in Dublin, his admission as a member of any of the Inns of Court in England is exempt from duty. And see sections 29, 30, 31, and 32. Digitized by Microsoft® 642 APPENDIX. £ s. d. ADMISSIOIT of any person— To be a member of either of the Societies commonly callid Inns of Chancery in England 300 And see sections 29 and SO. ADMISSION in England or Ireland of any person — As an attorney, solicitor, or proctor in any court . ... . . . 25 Exemption. Where a person has been duly admitted as an attorney, solicitor, or proctor in any court in England or Ireland, his admission to act in either of those capacities in any other court in the same country is exempt from duty. And see sections 29 and 30. ADMISSION in Scotland of any person— (1.) As a writer to the signet, or as a solicitor, agent, or attorney in the Court of Session, Justiciary, or Commission of Teinds : If he has previously paid the sum of 601. for duty upon his articles of clerkship .... 25 If he lias been previously duly admitted as a procurator or solicitor in any inferior court . . . . . . . . . 30 In any other case ......... 85 (2.) As a procurator or solicitor in any inferior court : If lie has previously paid the sum of 2s. Sd, for duty on his articles ofclerkshiii ... ....... .^J 17 6 In any other case ...... . . 55 Exemptions. (1. ) "Where a person has been duly admitted as a writer to the signet, or as a solicitor, agent, or attorney in the Court of Session, Justiciary, or Commission of Teinds, his admission to act in either of those capacities in any other of the said courts, or as a procurator or solicitor in any inferior court, is exempt from duty. (2.) Where a person has been duly admitted as a procurator or solicitor in any inferior court, his admission as a procurator or solicitor in any other inferior court is exempt from duty. And see sections 29 and 30. ADMISSION to act as a notary public. See Faculty. ADMISSION of any person— As a Fellow of the College of Physicians in England, Scotland, or Ireland . 25 And see sections 29 and 30. ADMISSION to the degi-ee of doctor of medicine in either of the universities in Scotland JO And see sections 29 and 30. ADMISSION in England or Ireland of any person — As a burgess, or into any corporation or company, in any city, borough, or town corporate. In respect of birth, apprenticeship, or marriage, or, in Ireland, in respect of being engaged in any trade, mystery, or handicraft . . .10 Upon any other ground . . . . . . . . ..300 Exem2Jtion. Admission of any person to the freedom of the city of London by redemption. And see sections 29 and 30. ADMISSION in Scotland of any person — As a burgess, or into any corporation or company, in any burgh . . .050 Escemption. Admission of a craftsman or other person into any corporation within any royal burgh, burgh of royalty, or burgh of barony incorporated by the magistrates and council of such burgh, provided such craftsman or other person has been previously duly admitted a freeman or burgess of the burgh. And see sections 29 and 30. Digitized by Microsoft® n 1) (1 n u SCHEDULE TO "THE STAMP ACT, 1870." 513 ADMISSION to ecclesiastical benefices in Scotland. See Appointment, &c. to ecclesiastical benefices. ADMISSION' and APPOINTMENT or GEANT by any writing— To or of any office or employment — "Where the annnal salary, fees, or emoluments appertaining to such office or employment do not exceed 100? 2 Exceed 100?. and do not exceed 150?. ... . . . i „ 150?. „ ,, 200? 6 „ 200?. ,, ,, 250? ... 8 ,, 250?. ,, „ 300?. . . . . . 10 „ 300?.— for every 100?., and also for any fractional part of 100?. . . ..500 E-eeinptioiis. (1.) Admission proceeding npon a duly stamped appointment or grant. (2.) Eirst appointment of any person to the office or employment of out-door officer, boatman, waterman, or watchman in the service of the Customs. (3.) Periodical re-admission or re-appointment to any office or employment of any person who has been once duly admitted to such office or employment. And see sections 29, 30, 33, 34, and 35. AFFIDAVIT, or STATUTORY DECLABATION made under the provisions of 6 & 6 Will. IV. c. 62 2 6 Exemptioiis. (1.) Affidavit made for the immediate purpose of being filed, read, or used in any court, or before any judge, master, or officer of any court. (2.) Affidavit or declaration made upon a requisition of the commissioners of any public board of revenue, or any of the officers acting under them, or required by law, and made before any justice of the peace. (3.) Affidavit or declaration which may be requii-ed at the Bank of England or the Bank of Ireland to prove the death of any proprietor of any stock transferable there, or to identify the person of any such pro- prietor, or to remove any other impediment to the transfer of any such stock. (4.) Affidavit or declaration relating to the loss, mutilation, or defacement of any bank note or bank post bill. (5.) Declaration required to be made pursuant to any Act relating to mar- riages in order to a marriage without licence. AGREEMENT or CONTRACT, accompanied with a deposit. See MoETGAGE, &c., and section 105. AGREEMENT for a lease or tack, or for any letting. See Lease or Taok, and section 96. AGREEMENT or CONTRACT made or entered into pursuant to the Highway Acts for or relating to the making, maintaining, or repairing of highways . 6 AGREEMENT, or any MEMOEANDUMof an AGREEMENT, made in England or Ireland under hand only, or made in Scotland without any clause of regis- tration, and not othei-wise specifically charged with any duty, whether the same be only evidence of a contract, or obligatory upon the parties from its being a written instrument .006 Exemptions. (1.) Agreement or memorandum the matter whereof is not of the value of 5?. (2. ) Agreement or memorandum for the hire of any labourer, artificer, manu- facturer, or menial servant. (3.) Agreement, letter, or memorandum made for or relating to the sale of any goods, wares, or merchandise. (4.) Agreement or memorandum made between the master and mariners of any ship or vessel for wages on any voyage coastwise li'om port to port in the United Kingdom. And see section 36. AIiLOTMENT. See Letteii op Allotment. Digitized by Microsoft® 514 APPENDIX. ANNUITY, conveyance in consideration of. See Conveyance on Sale, and section 72. purchase of. Sea Conveyance on Sale, and section 75. creation of, by way of security. See Mortgage, &c., and section 108. instruments relating to, upon any other occasion. See Bond, Covenant, &c. APPOINTMENT, whether hy way of Donation, Pbesentation, or Nomination, and ADMISSION, COLLATION, or INSTITUTION to or LICENCE TO HOLD- Any ecclesiastical beneiice, dignity, or promotion, or any perpetual curacy. In England. If the net yearly value thereof exceeds — 50Z. and does not exceed lOOZ. . . . . 100?. ,, ,, 150? 150?. ,, ,, 200?. . 200?. ,, „ 250?. 250?. ,, ,, 300?. . 300? And also (if such yearly value exceeds 300?.) for every 100?. of such yearly value over and above 200?. a further duty of . . . In Scotland ..... . . ... £xeviptions. Admission, collation, institution, or licence proceeding upon a duly stamped donation, presentation, or nomination. And see section 37. APPOINTMENT of a new trustee, and APPOINTMENT in execution of a power of any property, or of any use, share, or interest in any property, by any in- strument not being a will .......... And see section 78. APPOINTMENT of a gamekeeper. See Deputation. APPOINTMENTS to offices or employments. See Admission. APPKAISEMENT or VALUATION of any property, or of any interest therein, or of the annual value thereof, or of any dilapidations, or of any repairs wanted, or of the materials and labour used or to be used in any building, or of any artificer's work whatsoever. Where the amount of the appraisement or valuation does not exceed 5?. Exceeds 5?. and does not exceed 10? 10?. 20?. 30?. 40?. 50?. 100?. 200?. 500?. 20?. 30?. 40?. 50?. 100?. 200?. 500?. Bxcnyjtimis. (1.) Appraisement or valuation made for, and for the information of, one party only, and not being in any manner obligatory as between parties either by agreement or operation of law. (2.) Appraisement or valuation made in pursuance of the order of any Court of Admiralty or Vice-Admiralty, or of any Court of Appeal, from any sentence, adjudication, or judgment of any Court of Admiralty or Vice-Admiralty. (3.) Appraisement or valuation of any property made for the purpose of ascer- taining the legacy or succession duty payable in respect thereof. And see section 38. APPRENTICESHIP, instrument of. "Where there is no premium or consideration . In any other case — For every 5?., and also for any fractional part of 5?, of the premium or consideration 1 2 3 4 5 7 5 2 10 3 6 1 1 6 2 2 6 5 10 15 1 of the amount or value 2 C 5 Digitized by Microsoft® SCHEDULE TO "THE STAMP ACT, 1870." 545 APPRENTICESHIP— cOTiilmMed. £ s. cl. Exemptions. (1.) Instrument relating to any poor child, apprenticed by, or at tlie sole charge of, any parish or township, or by or at the sole charge of any public charity, or pursuant to any Act for the regulation of parish apprentices. (2.) Instrument of apprenticeship in Ireland, where the value of the premium or consideration does not exceed 10/. And see sections 39 and 40. AKTICLES OF CLERKSHIP whereby any person first becomes bound to serve as a clerk in order to his admission. (1.) As an attorney or solicitor in any of Her Majesty's courts at Westminster or in Ireland, or as a proctor in the High Court of Admiralty, or any Ecclesiastical Court in England or Ireland 80 (2.) As an attorney or solicitor in any of the courts of the counties palatine of Lancaster and Durham, or £is a writer to the signet, or as a solicitor agent, or attorney in the Court of Session, Justiciary, or Commission of Teinds in Scotland 60 (.3.) As a procurator or solicitor in any inferior court in Scotland . . .026 And see sections 41, 42, 43, and 44. AETICLES OF CLERKSHIP, whereby any person, having been before bound by duly stamped articles to serve as a clerk in order to his admission in any of the courts aforesaid, and not having completed his service so as to be entitled to such admission, becomes bound afresh for the same purpose .... 0100 ASSIGNMENT or ASSIGNATION. By way of security, or of any security. See Moetgage, &c. Upon a sale, or otherwise. See Conveyance. ASSURANCE or INSURANCE. See Poliot. ATTESTED COPY. See Copy. ATTORNEY, LETTER or POWER of. See Letter of Attoeney. WARRANT of. See Waeeant op Attoeney. AWARD in England or Ireland, and AWARD or DECREET ARBITRAL in Scotland. Where the amount or value of the matter in dispute does not exceed 51. Exceeds 51. and does not exceed 101. ,, 101. ,, 20/. 20/. 30/. 40/. 50/. 100/. 200/. 500/. 750/. 30/. 40/. 50/. 100/. 200/. 500/. 750/. 1000/. 3 6 1 1 6 2 2 6 5 10 15 1 1 5 1 15 And where it exceeds 1000/., and in any other case not above provided for. BACK BOND. See Moetgage, &c., and section 105. BANK NOTE- For money not exceeding 11. 5 Exceeding 1/. and not exceeding 2/. 10 „ 21. „ 5/ 13 5/. „ 10/ 1