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Freeholds, Copyholds, and Leaseholds.

Covenant for

surance.

and agreements therein contained, which on the PURCHASES. tenant, or lessee's part, are from henceforth to be performed and observed respectively during the residue of the aforesaid term. AND moreover, that he the said (vendor) his heirs, executors, and further asadministrators, and all and every other persons or person, now or at any time hereafter rightfully claiming, or having title to claim any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or respecting the freehold, copyhold, and leasehold hereditaments and premises hereby granted, released, assigned, and covenanted to be surrendered respectively, or intended so to be, or any part thereof, from, through, under, or in trust for him or them (1), (other than under or by virtue of such leases or agreements for leases as aforesaid, so far as respects their respective estates or interests under or by virtue of the same) shall and will from time to time, and at all times hereafter upon every reasonable request, and at the costs and expense of the said (purchaser) his heirs, executors, administrators, or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all due expedition,] all and every such further and other lawful and reasonable acts, deeds, conveyances, matters, and things whatsoever, [whether by bargain and sale, release, surrender, assignment, fine, common recovery, deed enrolled, feoffiment, confirmation, declaration, or limitation of or to

(1) See ante, p. 269, n. (2.)

PURCHASES.

Freeholds, Copyholds,

and Leaseholds.

any use or uses, or other assurance or assurances], for the further, better, more perfectly, and absolutely, or satisfactorily granting, releasing, surrendering, conveying, confirming, and assuring the same freehold and copyhold hereditaments and premises respectively, or any part or parcel thereof, and the possession, reversion, and inheritance of the same, with their respective rights, members, appendants, and appurtenances to and for the use, behoof, and benefit of the said (purchaser) his heirs and assigns; and for further, better, more effectually, or satisfactorily assigning and assuring the said leasehold premises, with their appurtenances, for and during all the residue and remainder of the said term of

years, which shall then be to come and unexpired therein, by efflux of time, unto the said (purchaser) his executors, administrators, and assigns, free from incumbrances as aforesaid, in such manner and form as he the said (purchaser) his heirs, executors, administrators, or assigns, or his or their counsel in the law, (being of the degree of a barrister) shall advise and require, [and prepare and tender (if the nature thereof permit) for his or their signature and execution; so that such further assurance or assurances, or any of them, do not contain, nor imply any further or other warranty or covenant, than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the per

Freeholds, Copyholds, and Leaseholds.

Covenant by pay rent, &c.

purchaser to

of leaseholds.

son or persons who shall be required to make or PURCHASES. execute any such assurance or assurances, be not obliged to go from his, her, or their then place or respective places of abode for the making or executing the same, (except only to the manor or manors, whereof the copyhold hereditaments are holden, so far as regards the same copyhold hereditaments, without a reasonable and sufficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses (1). AND the said (purchaser) for himself, his heirs, executors, and administrators, Doтн hereby covenant, promise, and agree, with and to the said (vendor) his heirs, executors, and administrators, in the manner following (that is to say) that he the said (purchaser) his executors, administrators, and assigns, or some or one of them, shall and will, from time to time, and at all times hereafter, during the residue and remainder of the said term of years hereby assigned, (or during such periods thereof as the said (purchaser) shall lawfully and quietly enjoy the said assigned premises, under or by virtue of these presents) well and truly pay the said yearly rent of ₤ in and by the said hereinbefore in part recited indenture of lease reserved, together with all rates, taxes, and duties chargeable upon the

(1) If any doubts subsist as to the amount of the fines, &c. Doubts as to payable to the lord in respect of the copyhold, see ante, p. 249, fines, &c. n. (1.)

If the title deeds be not delivered to the purchaser, add co- Title deeds. venant for production, as ante, p. 196.

1

PURCHASES. said premises, which shall respectively become due from and after the said

Freeholds, Copyholds, and Leaseholds.

day of

and

also well and duly perform and observe all and singular the covenants and agreements therein contained, which from henceforth, on the tenant or lessee's part, are or ought from time to time to be observed or performed for or in respect of the said premises, during the residue or remainder of the said term; [and of and from the same rents, covenants, and agreements respectively, and all actions, suits, and proceedings, which shall or may be lawfully prosecuted or commenced for non-payment, non-observance, or non-performance thereof respectively, or of any of them, and all costs, damages, and expenses, which shall or may be incurred by reason thereof, shall and will, from time to time, and at all times, absolutely and effectually protect and indemnify the said (vendor) his executors and administrators, and his and their lands, tenements, goods, chattels, and effects.] IN WITNESS, &c.

Intermixture of

If it be apprehended that any of the copyholds may have been copyholds with comprised in the description of the freehold, or vice versa, add as in No. XX.

freeholds.

Stamp.

Provisoes, &c.

p. 275.

As to the stamp, see ante, p. 249, n. (30.)

For provisoes, &c. to be inserted under particular circumstances, see the variations subjoined to No. XVI. p. 188, et seq.

No. XXII.

Conveyance by Tenant in tail in Possession to a
Purchaser (1) of Freeholds.

Variations where the Reversion is in himself, and where in a Stranger.

Also where the Tenant to the Præcipe for suffering a Recovery is made by Fine.

Where the Vendor is Tenant in tail in Remainder or Reversion, and the Tenant for Life joins in making the Tenant to the Pracipe.

Where it is an Equitable Recovery, the Tenant in tail having only a Trust Estate.

Where part of the Premises are Copyhold, &c.

And see also margin of the notes below.

PURCHASES.

Estate Tail.

THIS

HIS INDENTURE of three parts, made the

an entail.

(1) In order to bar an entail, it is necessary that the tenant Modes of barring in tail should either annex a warranty to his grant, levy a fine, or suffer a recovery, as no other mode of conveyance, unless a bargain and sale under a commission of bankruptcy, will pass a greater estate than a base or qualified fee, viz. a fee to continue so long only as the tenant in tail shall have issue.

A warranty is seldom to be depended upon, as it will bar the issue, only when they take assets by descent, and those in remainder or reversion without assets, only when they are heirs to the warrantor. See Co. Lit. 370, n. (1). And though a fine will bar the entail and pass a fee to the cognisee, where the reversion is in the tenant in tail, yet a fine is attended with this

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