PURCHASES. in fee simple in possession, of the messuages, lands, tenements, and hereditaments, hereinafter Release, Short Form. Consideration a If the consideration be a debt owing by the vendor to the debt owing by purchaser, say, the vendor. Part of purchase money retained. "For and in consideration of the sum of £ of lawful money of the united kingdom of Great Britain and Ireland now justly due and owing by the said (vendor) to the said (purchaser) upon a certain bond or obligation of the (vendor) bearing date the day of ; [or, upon a certain bill of exchange, or promissory note under the hand or acceptance of the said (vendor), or for money lent, or goods sold and delivered unto the said (vendor), as the case may be], and which the said (vendor) doth hereby expressly acknowledge, and of the release and acquittance for the same hereinafter contained, and of the said bond and all other securities for the same being delivered up to be cancelled, HE the said (vendor) HATH granted," &c. as above. If part of the purchase money be retained by the purchaser on account of the minority of a necessary party to the deed or the like, say, "For and in consideration of the sum of £ of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, part of the said purchase in hand well and truly to the said money or sum of £ (vendor) by the said (purchaser), at or before the sealing and delivery of these presents, the receipt whereof and that the same is so in part as aforesaid, the said (vendor) doth hereby expressly acknowledge, and also for and in consideration of the covenants and trusts hereinafter contained by and on the part of the said (purchaser) as to and con, being the residue and cerning the further sum of £ SO in full of the said purchase money or sum of Release, Short Form. described (9), the said (vendor) doth hereby PURCHASES. expressly acknowledge, Hr the said (vendor) (10) HATH granted, bargained, sold, aliened, and released, and by these presents DOTH grant, bargain, sell, alien, release, and confirm unto (9) When the release is accompanied by a bargain and sale to be inrolled (which is generally proper where the subject of the conveyance is a reversion, an advowson, or other hereditament of which no visible possession can be had under the purchase, and where therefore the deed of conveyance is the only evidence of the purchaser's title) add here, "AND which said sum of £ is the same sum of £ as is expressed to be the consideration money of an indenture of bargain and sale bearing or intended to bear even date herewith, and to be made between the same parties as are parties hereto, for the purpose of being inrolled in one of his majesty's courts at Westminster." But as the intent of such inrolment is to preserve admissible evidence of the title of the bargainee, in the event of the deed of conveyance being destroyed, and this evidence might not be considered as conclusive if any other concomitant deed of title were referred to, it should seem to be better not to make a similar reference to the release in the deed of bargain and sale; this does not, however, seem to be generally attended to.-See Horsm. 166, and the other printed books of precedents. Release accompanied by a bargain and sale to be enrolled. (10) If the purchase be made by an agent on the part of the Sub-purchase. purchaser, or the purchaser buys of a person who had previously bought but not taken a conveyance, add, "With the privity and at and by the request and direction of the said (agent) or (former purchaser), testified by his being a party to and sealing and delivering these presents, HATH granted, bargained, sold, aliened, and released, and by these presents DoTH grant, bargain, sell, alien, and release, and the said (agent or former purchaser) HATH bargained, sold, aliened, released, ratified, and confirmed, and by these presents Dora bargain, sell, alien, release, ratify, and confirm unto the said (purchaser)," &c. as above. Release, Short Form. PURCHASES. the said (purchaser) and his heirs, ALL (11), &c. or howsoever otherwise the said hereditaments and premises, or any part thereof, now are, or is, or heretofore were or was situated, tenanted, called, known, or described; and also all other (12) the messuages, lands, tenements, and hereditaments (if any) comprised in the in Parcels. Lease for year in the release. New River water-works. Lease for a year in the release. (11) Insert here an accurate description of the premises intended to be conveyed, by their ancient and present names, situation, tenancy, and see ante, No. XV. p. 128, n. (13). If the bargain and sale be comprised in the release, and the parcels have been already inserted, see ante, n. (4), say, "All and singular the several messuages, tenements, lands, and hereditaments, comprised or described in or by the bargain and sale hereinbefore made to the said (purchaser) for the term of one year, as hereinbefore is expressed," &c. If the subject of the conveyance be a NEW RIVer Share, which is real property, say, "All that one thirty-sixth share, part or proportion (the whole into thirty-six parts or shares being divided), of and in one moiety of that stream or river, commonly called the New River water-cut, arising or coming from or near Ware, in the county of Hertford, and brought and continued to a place called Sadler's Wells, in the county of Middlesex, and also of and in all and every sum and sums of money, rents, payments, profits, emoluments, benefits, and advantages whatsoever, now or at any time and from time to time hereafter to be paid, made, or received, from or by means thereof, together with all and singular the rights, members, and appurtenances to the same premises belonging or in anywise appertaining, or therewith," &c. (as in the text). (12) See the reason of this reference, ante, No. XV. p. 129, n. (15). But if the lease for a year is comprised in the same deed, it must be omitted. - denture of bargain and sale for a year, hereinafter PURCHASES. referred to (13); TOGETHER with all (14) out Release, Short Form. title. (13) If the vendor be entitled to the land by purchase from If no recital of a former vendor, or under a devise, and the operative part of the deed is not introduced by a recital of the vendor's title, (see Shep. Prec. Prec. 87.) add "Which said messuages, lands, and hereditaments, were formerly the estate and property of C. B. late of, &c. from whom they were purchased by the said (now vendor) for a valuable consideration, or by whom they were devised to the said (now vendor), or from whom they descended to and are now vested in the said (vendor) as his heir at law." (14) Make these general words correspond with the nature General words. of the subject of conveyance, and see general words applicable to the different kinds of real property-Precedent No. XV. note (20) and INDEX voc. GENERAL WORDS. If the conveyance be of a manor, say, "Together with all houses, out-houses, buildings, barns, stables, wash-houses, dove-houses, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, paths, passages, gardens, orchards, ponds, waters, land covered with water, pumps, pipes, drains, water-courses, timber and other trees, woods, underwoods, and the ground and soil thereof, mines, quarries, wastes, rights and privileges of common, and of feeding and foldage of every kind, and also all and all manner of parks, warrens, mills, mulctures, customs, tolls, duties, fishings, fisheries, fowlings, courts leet, courts baron, and other courts, with the perquisites and profits of the same, view of frankpledge, and all that thereto belongeth, chief rents, quit rents, rents of assize, and other rents and services, reliefs, heriots, fines, amerciaments, goods and chattels of felons and fugitives, felons themselves, condemned and outlawed persons, deodands, waifs, estrays, free warrens, and all and all manner of other royalties, jurisdictions, franchises, rights, liberties, privileges, hereditaments, emoluments, advantages, and appurtenances whatsoever, to Manor. Release, Short Form. PURCHASES. houses, buildings, yards, cellars, vaults, areas, benefit and advantage of ancient and other lights, ways, water-courses, rights and privileges of common of every kind, and all and all manner of other rights, privileges, easements, advantages, appendages, and appurtenances, whatsoever, to the said hereditaments and premises, or any part thereof belonging, or with the same or any of them now or heretofore holden, occupied, or enjoyed; (All sale for a year. which said messuages, lands, tenements, and hereditaments are now in the possession of, or legally vested in the said (purchaser) by virtue (15) of a Reference to the bargain and Corporation lease at common law. the said manor or lordship, or reputed manor or lordship, farms, lands, hereditaments and premises belonging, or in anywise appertaining, or with the same," &c. (as in the text). (15) If the conveyance be made by a body corporate, and must convey by the mode of conveyance by lease and release be adopted, which is not unusual, although not in general an eligible mode, see ante, p. 118. n. (5), the lease must be a lease at common law, followed by actual entry by the lessee, in which case instead of the words in the text, say, Memorandum of entry should be indorsed. "All which said messuages, lands, tenements, and hereditaments are now in the actual possession of the said (purchaser), by virtue of a demise or lease to him thereof made by the said (vendor), by an indenture bearing date the day of for the term of one year, and of actual entry made upon the said premises in pursuance thereof.” As the entry of the lessee is in this case essential to the operation of the release, it will be proper that a memorandum of such entry should be indorsed on the lease, as "Memorandum, that on the day and year first above written actual entry was made by the said (purchaser) upon |