issues and profits of the said hereditaments and premises. And all the estate, right, title, interest, trust, property, possession, claim, and demand whatsoever of the said [commissioner, assignees, and bankrupt], respectively in, to, or out of the same premises. To have and to hold the said copyhold, hereditaments, and other the premises intended to be hereby bargained and sold, or otherwise assured unto and to the use of the said [purchaser], his heirs, and assigns for ever, subject, nevertheless, to the rents and services payable and to be performed in respect of the same premises to the lord of the manor of aforesaid for the time being. And this Indenture also Witnesseth, that for the considerations herein before mentioned, the said [commissioner] in further exercise of the powers vested in him as aforesaid, Doth by these presents authorize and empower the said [bankrupt or other person authorized] on the behalf of him the said [commissioner] to surrender all the said copyhold hereditaments, and premises herein before described and bargained and sold or otherwise assured into the hands of the lord of the manor of aforesaid,

To the use of the said [purchaser], his heirs, and assigns; To the intent and purpose that the said [purchaser] may be admitted tenant of the said hereditaments and premises; To hold the same to him, his heirs and assigns for ever at the will of the lord according to the custom of the said manor. [Covenants by assignees and bankrupt that they have not incumbered.] IN WITNESS, &c.

The form of a bargain and sale of copyholds from a commis-
sioner, and the assignees of a bankrupt tenant in tail, to a
purchaser will be so similar to the last, that it has been
thought unnecessary to give the form at length.

If there be a protector, his consent will be requisite to the
acquisition of the absolute interest in the property; and
attention must be paid to the entry of the deeds on the
court rolls.

No. 10.

Form of Surrender out of Court from the Assignee of an insolvent Debtor to a Purchaser.

The Manor of

Whereas, at a court holden for the said in the County of - manor on [&c.], [insolvent] was admitted to the copyhold hereditaments hereinafter described and intended to be hereby surrendered, to hold to him the said [insolvent], his heirs and assigns for ever according to the custom of the same manor. And Whereas, by virtue of the provisions of an Act of Parliament made and passed in the seventh year of the reign of his Majesty, King George the Fourth, intituled "An Act to Amend and Consolidate the Laws for the Relief of insolvent Debtors in England," the said [insolvent] being then in custody for debt, applied by petition to the court for the relief of insolvent debtors, praying to be discharged under the provisions of the said Act. And Whereas, by an Indenture bearing date [&c.], and made between the said [insolvent] of the one part, and [provisional assignee], the provisional assignee of the estate and effects of insolvent debtors in England, of the other part, the said [insolvent] did convey unto the said [provisional assignee], his successors and assigns, All the estate, right, title, interest, and trust of the said [insolvent], in and to the real estate of the said [insolvent.] To hold the same unto the said [provisional assignee], his successors and assigns, in trust, nevertheless, for the use and benefit of the creditors of the said [insolvent], who should be entitled to share in a dividend of the said estate and effects under the provisions of the said act, and for other the purposes in the said act expressed. And Whereas, upon the hearing of the petition of the said [insolvent], the said court adjudged him to be entitled to the benefit of the said Act. And Whereas, by an Indenture bearing date [&c.], and made between the said [provisional assignee] of the one part, and [assignee] of the other part,

After reciting the said in part recited Indenture, the said [provisional assignee] in obedience to an order of the said court, did convey unto the said [assignee] and his heirs all the real estate which by virtue of the said in part recited Indenture then was in any way vested in the said [provisional assignee] as such provisional assignee as aforesaid, with the appurtenances. To hold the same unto the said [assignee] and his heirs, in trust for the creditors of the said [insolvent] and for other the purposes in the said in part recited Indenture expressed concerning the same. And Whereas the last in part recited Indenture hath been entered on the court rolls of the aforesaid manor of- -, pursuant to the direction in that behalf contained in the before mentioned Act of Parliament. And Whereas, the said [assignee] in obedience to the provisions of the said Act, convened a meeting of the creditors of the said [insolvent] on [&c.] by notice in the London Gazette, and in a newspaper called the -, printed and published at and generally circulated in or near the place where the said [insolvent] resided before his going to prison, and at such meeting, the major part in value of the creditors of the said [insolvent], then present, by writing under their hands, approved that the real estate of the said [insolvent] should be sold by auction at [&c.], on [&c.], (being more than thirty days after the holding of such meeting,) in such lots as the said [assignee] should think proper. And Whereas the said [assignee] pursuant to such the approbation of the said creditors, and in further obedience to the provisions of the said Act, caused the said copyhold and hereditaments intended to be hereby surrendered, with other part of the real estate of the said [insolvent], to be put up to sale by public auction at the said [&c.], on the day of in several lots, at which sale [purchaser] attended and became the highest bidder for and was declared the purchaser of the same hereditaments and the customary fee simple and inheritance thereof, for the sum of £

: Now be it re

the said [assignee]

said manor, and, in

exercise of the power given to him by the said Act of Par

of

liament, and in obedience to an order of the said court in
that behalf, and in consideration of the sum of £ —,
lawful money of Great Britain, to the said [assignee], as such
assignee as aforesaid in hand well and truly paid by the said
[purchaser] at the time of making this present surrender,
the receipt of which said sum of £ —, the said [assignee]
doth hereby acknowledge, did out of court surrender into
the hands of the lord of the said manor, by the hands and
acceptance of the said steward, by the rod according to the
custom of the same manor, All [parcels] with the appur-
tenances to the said premises belonging, And the reversion
and reversions, remainder and remainders, rents, issues, and
profits thereof, And all the estate, right, title, interest and
trust of the said [assignee] in to or out of the same heredita-
ments and premises, To the use of the said [purchaser], his
heirs and assigns for ever according to the custom of the
manor of
aforesaid.

when heir of trustee could not compel, 31.

on surrender, may be pleaded as grant, 38.

of surrenderor, when necessary after surrender by way of mort-
gage, 61.

confers legal estate, 68.

gives the means of possession only, ib.

on erroneous claim, will not operate as a new grant, ib.

of infants, femes covert, and lunatics, provided for by statute, 69.

of surrenderee, cannot be enforced without a custom, ib.

of tenant for years, or life, is admission of those in remainder, 70.

of joint tenants, effected by admission of one, ib.

of tenants in common, must be several, ib.

enures according to title, ib.

may be sometimes implied, 71.

not implied by acceptance of surrender from unadmitted surren-
deree, ib.

fine usually due on, ib.

of one of several devisees in trust, is admittance of all, 108.

of tenants in common, 109.

of commissioners or assignees in bankruptcy, or assignees in insol-
vency, not necessary, 117.

purchaser under a bankruptcy or insolvency is to be admitted, 119.
ADVANCEMENT,

when presumed, on purchase in name of wife or child, 56.
ALIEN,

cannot take by copy, 65.