said period of twelve calendar months give such notice as PURCHASES.
aforesaid of his or their desire to re-purchase the said pre-
mises, or having given it, shall make default in payment of
the aforesaid sum of £ or any part thereof, contrary

to such notice, then and in such case, and from thenceforth,
the estate, right, title, and interest of the said (purchaser), his
heirs and assigns, in, of, and to the said messuages, closes of
land and hereditaments hereby released, or intended so to be,
shall be absolute and indefeasible, as well in equity as in
law; and the said (vendor) and his heirs shall be for ever
debarred from all right and benefit of re-purchase as well in
equity as at law; and the said (vendor) for himself, his heirs,
executors, administrators, and assigns, doth hereby covenant,
promise, and declare, to and with the said (purchaser), his
heirs, executors, administrators, and assigns, that if no such
notice for the re-purchase of the said premises as aforesaid,
shall be given by the said (vendor), or his heirs, within
the said space of twelve calendar months; he the said (ven-
dor), and his heirs, shall and will upon the reasonable re-
quest, and at the costs and charges in the law of the said
(purchaser), his heirs or assigns, make and execute unto him
and them all such release or other assurance of his or their
right, title, and interest both at law and in equity, of, in,
and to the said premises, and every part thereof, under or
by virtue of the proviso or covenant lastly hereinbefore
contained, as by him the said (purchaser), his heirs or
assigns, or his or their counsel in the law, shall be reasonably
required. Provided always, and it is hereby declared and
agreed by and between the parties hereto, that these presents
are not intended to be, nor shall the same by reason of any
matter or thing herein contained be taken, or construed to
be in the nature of a mortgage or security for the said sum
of £
as if the same had been lent or advanced
by the said (purchaser), neither shall the said (vendor), his
heirs, executors, administrators, or assigns, be in anywise
accountable to the said (purchaser) for interest in respect of
the said sum, or any part thereof; nor shall the said (pur-
chaser), his executors, administrators, or assigns, or any or
either of them, be in any wise accountable unto the said

Power of re-purchase.

Power of repurchase.

PURCHASES. (vendor), his heirs, executors, administrators, or assigns, for the rents or profits of the said premises or any part thereof, in case of any such repurchase being made as aforesaid, it being the true intent and meaning of the said parties, that the said sum of £ so expressed to be paid by the said (purchaser) to the said (vendor), at or immediately before the sealing and delivery of these presents, was so paid as and for the full and true value and absolute purchase for the said premises, and the fee simple and inheritance thereof, subject only to such option or privilege of repurchase on the part of the said (vendor), his heirs, or assigns, as hereinbefore is expressed. IN WITNESS, &c.

(K) Proviso giving the Vendor the privilege of Preemption in case of a re-sale.

AND WHEREAS it has been agreed between the said (vendor) and (purchaser), that in case the said (purchaser) shall be desirous of disposing of the said premises, the said (vendor) shall have the privilege of purchasing the same in preference to any other person upon the terms hereinafter mentioned. NOW THIS INDENTURE further witnesseth, that in pursuance of the said agreement, the said (purchaser), for himself, his heirs, executors, and administrators doth hereby covenant, grant, declare, and agree, with and to the said (vendor), his heirs and assigns, in the manner following (that is to say): that in case the said (purchaser), his heirs, or assigns, shall at any time hereafter be desirous of selling or disposing (other than by will) of the hereditaments and premises hereinbefore conveyed to him, or intended so to be as aforesaid, or of any part thereof: He or they shall and will, before any such sale, or disposition, or contract or agreement for any such sale or disposition, shall be made or entered into, give or cause to be given to the said (vendor), his heirs, or assigns, one calendar month's notice in writing under his or their hand or respective hands, of his or their wish or intention to sell or dispose of the same, and the price or sum demanded or required for the same, at which said price or sum the said (vendor), his heirs, or assigns, shall be at liberty at any time within the space of one calendar month next thereafter, to become the purchaser thereof in preference to and before any other person or persons whomsoever; and upon payment of the said sum by the said (vendor), his heirs, or assigns, he the said (purchaser), at the costs and charges of the said (vendor), his heirs or assigns, shall and will sign, seal, and deliver all such deeds, conveyances, and assurances, and do or procure to be done all such other acts,

PURCHASES.

Privilege of Preemption.

PURCHASES. matters, and things as the said (vendor), his heirs, or assigns, or his or their counsel in the law (being of the degree Privilege of of a barrister) shall require or advise for the purpose of vesting the same in him or them, free from all incumbrances by him the said (purchaser), his heirs or assigns, or any person or persons claiming under him or them, committed or knowingly suffered.

Preemption.

No. XVII.

Conveyance of a Messuage, &c. from a Vendor to a
Purchaser by Feoffment (1), with Warranty of
Title.

Variations where the Feoffment is by a Corporation (2).
Where by a Vendor and his Wife.

Where to a Trustee to prevent Dower.

Where Covenants for the Title are inserted instead of a
Warranty.

Where Livery of Seisin is made or taken by Attorney,
&c. &c.

PURCHASES.

Feoffment.

(1) A deed of feoffment, on account of its forceable nature in restoring seisins, barring future uses, &c. was formerly in very common use, and it might still be had recourse to, under particular circumstances of title, with great advantage, as has been attempted to be shown in the accompanying work, See Elem. Conv. vol. iv. ch. I. and post, p. 220, n. (1). Hence I have been induced to insert here the form of this assurance. But as either of the conveyances by lease and release to purchasers of corporeal property, contained in these volumes, may be converted into a feoffment, simply by using the operative words of feoffment, and omitting the reference to the bargain and sale for a year, I have not thought it requisite to insert any greater variety of forms than may be framed from the subjoined variations.

See as to the nature and operation of a feoffment, and in what Allotments. cases it is the most proper assurance, 4 Elem. Conv. 2d Ed. c. I. Also Wilde's Supplement, vol. ii. p. 36, n. (1). Generally speaking, this species of conveyance is more particularly eligible for assuring to the purchaser lands which have been recently allotted under an enclosure act, where the actual state of the title of the former owner is often very uncertain, and impossible to be obtained.

(2) As the prevailing opinion is, that corporations (par- Corporations

aggregate not