Page images
PDF
EPUB

liver seisin of the said hereditaments and premises surrendered to his use and seized as aforesaid, by the rod.

TO HOLD, &c. [6 and 7, 493.]

(I)

ADMISSIONS ON SURRENDERS PASSED IN COURT.

498.-Absolute surrender.

Cl. 1. Immediately on passing surrender.-ALSO at this court came A. B., of, &c., a copyhold tenant of this manor, and (M.) his wife, and the said A. B. proposeth with the said M. his wife to surrender the hereditaments and premises holden by copy of court roll of this manor and hereinafter described, to the use of [purchaser], his heirs and assigns. And in pursuance of the act or acts of parliament requiring the same, the said A. B. doth deliver to the said steward a writing under the hand of the said A. B., certifying that the said proposed surrender is upon a sale to the said [purchaser], and that the whole consideration on the same is the sum of £

no more.

and

2. AND immediately afterwards the said A. B. and M. his wife (she being first examined by the said steward, separate and apart from her said husband, touching and concerning her free and voluntary consent to the making and passing the said proposed surrender, and freely and voluntarily consenting thereto as by law required.)

[ocr errors]

3. Do in open court, in consideration of the said sum of £ of lawful money of Great Britain, to the said A. B. in hand well and truly paid by the said [purchaser], the receipt whereof the said A. B. doth hereby, and by the receipt on the said certificate acknowledge [and in pursuance of a covenant for that purpose contained in a certain indenture, bearing date, &c., and made between, &c., if so.]

4. SURRENDER out of their and each of their hands into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this

manor.

5. ALL, &c. [description], and the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits thereof, and of every part thereof; and all the estate, right, title, interest, inheritance, use, trust, benefit, property, possession, power, claim and demand whatsoever, both at law and in equity of them, the said A. B. and M. his wife, and each of them, of, in, to, or out of the said hereditaments and premises, and every part and parcel thereof, with the appurtenances.

6. TO THE ONLY and absolute USE and behoof of the said [purchaser], his heirs and assigns for ever, according to the custom of this manor.

7. AND THEREUPON, &c. [proceed with admission as in surrender passed out of court, beginning with cl. 2.]

If no admission taken, add first, second, or third proclamation, as the case may require; as in the case where a surrender out of court is presented.

The admission after proclamation can be drawn from precedents in class H.

[On the copy of admission must be impressed the ad valorem stamp on surrender, as well as that on admission.]

Manor of Woodbridge

late Priory.

499.-Certificate of consideration.

To the steward of the said manor, or his lawful deputy steward.

I, A. B., of &c., do propose, with M. my wife, to surrender at a court this day holden for the said manor, to the use of [purchaser], his heirs and assigns, all, &c. And in pursuance of the act or acts of parliament requiring the same, I do certify that such proposed surrender is upon a sale, and that the whole consideration on the same is the sum of £

As witness my hand this

no more.

Witness.

day of

1836.

and

(K)

500.-Admission under Bargain and Sale from Executors.

Cl. 1. [Recite death of testator and proclamation as in admission of a devisee.]

2. Now at this court cometh [purchaser], (by A. B. his attorney), and produceth to the court a certain indenture of bargain and sale, bearing date, &c., and made or expressed to be made between, &c., and which is presented by the homage of this court. WHEREBY after reciting, &c. IT IS WITNESSED, &c. [stating sufficient to render the admission clear, and show the conveyance.]

3. AND THEREUPON the said [purchaser], (by his said attorney,) prayeth to be admitted tenant to the hereditaments and premises so bargained and sold to his use as aforesaid (that is to say),

To ALL, &C. [description,] which premises the said deceased, had and took up to him and his heirs, &c. [193, 4.]

4. To which, &c. [proceed us in admissions of devisee, class F. clauses 5, &c., substituting bargained and sold" for

"devised."]

[ocr errors]

If the executors or either of them have been admitted for want of sale, a surrender is usually taken. In which case, after presenting the bargain and sale, you present the surrender, if taken out of court, or enter it, if taken in court, and then add in clauses 3, and subsequent clauses, the words " and surrender," after the words "bargained and sold," when they occur.

(L)

501.-Admissions on sales of Bankrupt's Copyholds.

By 6 G. 4, the mode of conveyance of bankrupts' copyholds is by a bargain and sale, to which the assignees and commissioners are parties, and usually the bankrupt and wife; and a surrender, made by a party or parties authorized by the commissioners, usually the bankrupt and his wife.

ALSO at this court the homage thereof do present a certain indenture of bargain and sale, &c. [stating such recitals as are deemed requisite, and the bargain and sale, and authority to surrender.]

AND it is also certified by the said steward, and presented by the homage, &c. [present absolute surrender passed by direction of commissioners, or if passed in court, say, "AND ALSO at this court cometh, &c." adding surrender in court in common form.]

AND THEREUPON cometh into court the said [purchaser], (by his said attorney), and prayeth to be admitted tenant to the hereditaments and premises so bargained and sold, and surrendered to his use as aforesaid (that is to say),

[ocr errors]

To ALL, &c. [Then proceed as in other admissions, stating the premises as bargained and sold, and surrendered," where requisite.]

If proclamations made, the admission can be readily drawn from the aforegoing precedents.

(M)

502.-Admissions of two or more persons.

As joint tenants.-(State the will or surrender in the usual manner.)

2. AND THEREUPON come into court the said [4. B.] and [C. D.], that is to say, the said A. B. in his own proper person, and the said [C. D.] [by his attorney, if so], and pray

to be admitted tenants to the hereditaments and premises so surrendered [or devised] to them as aforesaid (that is to say), 3. To ALL, &c. [add description.]

4. Which premises, &c. [add cl. 4, as in common admission, F.]

5. TO WHICH said [A. B.] in his proper person, and [C. D.] (by his said attorney), the lord of this manor, by the said steward, doth grant and deliver seisin of the said hereditaments and premises by the rod.

6. TO HOLD the same, with the appurtenances, unto the said A. B. and C. D. and their heirs, as joint tenants, of the lord, by copy of court roll, at the will of the lord, and according to the custom of this manor, by fealty, suit of court, and other the rents, duties, and services therefore due and of right accustomed.

7. And saving the rights of the lord, the said [4. B.] and [C. D.] are admitted tenants of the said hereditaments and premises, and pay on such their admittance, fines &c. But their fealty is respited until, &c.

503.-As tenants in common.

(After the statement of the surrender or will in the common manner.)

2. AND THEREUPON cometh into court the said A. B., and prayeth to be admitted tenant to one undivided moiety or equal half part (the whole into two equal parts to be divided), of and in all and singular the hereditaments and premises so devised [or surrendered] as aforesaid (that is to say),

3. Of and in ALL THAT, &c. [adding description.]

4. Which premises, &c. [cl. 4, as in common admission.] 5. TO WHICH said A. B., the lord of this manor by the said steward doth grant and deliver seisin of the said moiety, of and in the said hereditaments and premises, so devised [or surrendered] as aforesaid by the rod.

TO HOLD, &c. [add clauses G. and H. as in usual cases.] [Then admit C. D. to the other moiety in like manner.]

If more than two are admitted, the only difference will be that the parcels will be described as "one equal undivided third," [fourth, &c., as the case may be], part (the whole into three equal parts to be divided), of and in, &c. [and the grant will correspond.]

If only one admission is to be made, it will be as in 502, substituting the words "tenants in common," for " joint tenants."

(N)

504.-Admission under Forfeited Conditional Surrender.

1. WHEREAS at a general court baron or customary court held for this manor, on, &c., it was certified by the then steward, and presented by the homage of that court, that, &c. [add presentment of conditional surrender,]

2. Now at this court it is presented by the homage that default was made in payment of the principal sum of £ and interest thereon, according to the provision contained in the said surrender, whereby the said surrender became forfeited and absolute at law.

3. WHEREUPON cometh into court the said [mortgagee], and gives the court to understand and be informed that the said principal sum of £ together with the sum of £ for interest thereon now remains due to him the said [mortgagee].

[ocr errors]

4. AND THEREUPON the said [mortgagee] prayeth to be admitted tenant to the hereditaments and premises so surrendered to his use as aforesaid (that is to say),

5. To ALL, &c. [uescription.]

6. Which premises, &c. [clause 5, common admission, class H.] 7. TO WHICH said [mortgagee], &c. [cl. 6 ditto.]

8. TO HOLD, &c. [clause 7 ditto.]

9. And, saving the rights of all persons, the said [mortgagee] is admitted, &c. [cl. 8 ditto.]

(0)

505.-Admission to a Remaiuder or Reversion.

[State Surrender or will under which party claims, in usual manner.]

2. AND THEREUPON, &c. [clause D., as in admission under surrender or devise.]

3. TO ALL THAT the reversion or remainder expectant on the decease of C. D., of and in ALL that, &c. [add description.] 4. Which premises, &c. [stating previous admission in common manner.]

5. TO WHICH said [reversioner], the lord of this manor, by the said steward doth grant and deliver seisin of the said remainder or reversion, expectant as aforesaid of and in the said hereditaments and premises by the rod.

6. TO HOLD, &c. [as in common admission, F. or H.]

7. And, saving, &c. [as in common admission, For H.] adding the words "reversion or remainder of and in the said" before "hereditaments."

« EelmineJätka »