and upon, have, hold, occupy, possess, and enjoy all and singular the said freehold and copyhold hereditaments and premises respectively, with their appurtenances, and to receive and take the rents, issues, and profits thereof, and of every part thereof respectively, to and for his and their own use and benefit, without any lawful let, suit, trouble, molestation, eviction, ejection, interruption, or disturbance whatsoever, of, from, or by the said A. B. or his heirs, or any other person or persons whomsoever, lawfully or equitably claiming, or to claim, any estate, right, title, trust, or interest in, to, or out of the same hereditaments and premises, or any part thereof respectively, by, through, under, or in trust for him, them, or any of them.

15. And that free and clear, and freely, clearly, and absolutely acquitted, exonerated, and released, and for ever discharged or otherwise, by him the said [vendor] his heirs, executors, and administrators, well and sufficiently protected, defended, saved harmless, and kept indemnified of, from, and against all and all manner of former and other estates, titles, charges, liens, claims, and incumbrances whatsoever, at any time, or from time to time hereafter, had, made, occasioned, permitted, or suffered by him the said [vendor] or his heirs, or any person claiming, or to claim by, from, through, under, or in trust for him, them, or any of them, or by his, their, or any of their acts, means, consent, default, privity, or pro

curement.

16. And moreover, that he the said [vendor], and his heirs, and all and every other person and persons having, or lawfully or equitably, or rightfully claiming, or to claim any estate, right, title, trust, charge, or interest at law or in equity, of, in, to, or out of the said freehold and copyhold hereditaments, hereby released and mentioned to be surrendered, or intended so to be, or any part thereof respectively, by, from, through, under or in trust for him or them, shall and will from time to time and at all times hereafter, upon every reasonable request, and at the costs and charges of the said [purchaser], his heirs or assigns, make, do, acknowledge, pass, execute, and perfect, or cause or procure to be made, &c., all such further and reasonable acts, deeds, conveyances, surrenders, and assurances in the law whatsoever, for the further, better, more perfectly, lawfully, and absolutely or satisfactorily conveying and confirming, or otherwise assuring the said freehold and copyhold hereditaments, and every part and part thereof respectively, with their respective appurtenances, unto and to the use of the said [purchaser], his heirs and assigns for ever as aforesaid, and according to the true intent and meaning of these presents, and of the said mentioned surrender, as by the said [purchaser], his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, or advised

and required, and tendered to be made, done, passed, or executed. In witness, &c.

Forms of conveyances with a covenant to surrender the copyhold, will be found in Serjeant Scriven's and Mr. Coventry's works, and in most books of Conveyancing Precedents; but it is really so imprudent to rest satisfied with a covenant, when a surrender may so readily be obtained in all cases, that it is deemed useless to add any such forms here,

The surrender can be drawn from No. 276, &c., adding at the statement of the consideration, money being

the apportioned consideration money on sale, &c."

312. Power of Attorney to surrendor Copyholds, where PurchaseMoney paid.

Know all men by these presents, that I [vendor] of, &c., a copyhold tenant of the manor of in the county of have made, ordained, constituted, and appointed and by these presents do make, &c., [attorney] of, &c., my true and lawful attorney for me and in my name, to appear at the next or any subsequent general or special court baron to be holden for the said manor, and then and there, or out of court, to surrender into the hands of the lord, lords or ladies, of the said manor, by the hands and acceptance of the steward or deputy steward for the time being, according to the custom of the said manor, all, &c., with the rights, members, and appurtenances [and all other the messuages, lands, tenements, and hereditaments, copyhold of the said manor, whereto I stand admitted,] and by such description as may be deemed advisable or expedient; and the reversion, &c., and all my estate, &c. [see form of Surrender] to the use and behoof of [purchaser] of, &c., his heirs and assigns for ever, according to the custom of the said manor; and for me and in my name to do, and execute all and every such acts, matters, and things as may be needful or expedient for making such surrender as aforesaid, and for procuring the said [purchaser], his heirs or assigns to be admitted tenant to the said copyhold premises, and as fully and effectually to all intents and purposes as I myself might or could do, being personally present, hereby agreeing to ratify and confirm all and whatsoever my said attorney shall lawfully do or cause to be done by virtue of these presents. In witness, &c.

This form is slightly altered from one in Serjeant Scriven's work, but it would be better to recite the deed under which the power is made, as in the following outline form.

To all to whom these presents shall come : [vendor] of, &c., sendeth greeting: Whereas, &c., [recite covenant to surrender,

payment of money, and that ad valorem stamp was impressed.] Now I the said [vendor] do hereby nominate, constitute, and appoint A. B. of, &c. and C. D. of, &c. jointly and severally my true and lawful attorneys, &c. [making the power to the two, and slightly altering the form accordingly.]

313. Power of Attorney to receive Rents, Sell, and Convey. KNOW ALL MEN by these presents that I, Sir W. J. P., of, &c., bart. (heretofore called W. J. P., esq.) for divers good causes and considerations me hereunto moving, have made, ordained, constituted, and appointed, and by these presents do make, ordain, constitute, and appoint, and in my place and stead put T. G. E., of the city of Norwich, gentleman, and G. C. of, &c. gentleman, my true and lawful attorneys irrevocable, for the intents and purposes following (that is to say) either jointly or severally, for me and in my name place, and stead, to ask, demand, and receive all rents and arrears of rent now due, or which shall hereafter accrue or become due from the former or present tenant or tenants of all and every my messuages, lands, tenements, and hereditaments, situate, lying, and being in G. B. and L. B., or either of them, or in any other town, parish, or place thereto adjoining, or adjacent, or elsewhere, in the county of S., late of Sir C. P., Bart., my late brother, deceased, or from the representatives of such tenant or tenants, or any of them; and on non-payment thereof, to enter and distrain for the same in due course of law, or to commence and prosecute any action or actions at law or equity, for recovery of the same, every or any part thereof, and on the receipt thereof for me, and in my name and stead, to sign and give acquittances, receipts, and other effectual discharges for the same. And I do also empower my said attorneys, either jointly or severally, for me and in my name, place, and stead, to sell and dispose of all and every my said messuages, lands, tenements, and hereditaments in G. B. and L. B. aforesaid, or elsewhere in the said county of S., to any person or persons who shall be will. ing to become the purchaser or purchasers thereof, or of any part thereof, for the best price and prices, and most money that can or may be reasonably had or obtained for the same, and to receive the consideration money and give receipts and effectual discharges for the same. And I do also empower my said attorneys, either jointly or severally, for me, and in my name, place, and stead, to convey and assure such part or parts of the said hereditaments and premises as shall appear to be freehold, if any, unto and to the use of the purchaser or purchasers thereof, his, her, or their heirs and assigns, or otherwise, as he or they shall direct or appoint, and to sign,

seal, and deliver all such deed and deeds, instrument or instruments in writing, as shall be necessary in that behalf. And I do hereby further authorise and empower my said attorney, either jointly or severally, for me and in my name, place, and stead, at any general or special court or courts baron, to be held for the manor of S. H. in the said county of S., or for any other manor or manors, or out of court, by the rod according to the custom thereof, to surrender out of my hands into the hands of the lord or lords, lady or ladies, of the said manor or manors, all and every my said messuages, lands, tenements, and hereditaments, so hereby directed to be sold as aforesaid, held of the said manor or manors by copy of court roll, with their and every of their appurtenances, and the reversion and reversions, remainder and remainders thereof, and also all the estate, right, title, interest, use, trust, property, inheritance, claim, and demand whatsoever of me, the said Sir W. J. P. of, in, to, or out of the said hereditaments and premises, every or any part thereof, with their appurtenances, to the use and behoof of such person and persons who shall purchase the same, his, her, and their heirs and assigns, for ever absolutely, and without any manner of condition whatsoever, or otherwise, as such purchaser or purchasers shall direct or appoint. And also for me and in my name to execute any proper deed or deeds of covenant for estate, title, possession, and further assurance. And I do hereby empower and direct my said attorneys, either jointly or severally, for me and in my name, place, and stead, to do and transact all such other acts, matters, and things, as shall be proper and necessary for vestng a good and absolute estate in fee simple of and in the said hereditaments and premises in the purchaser or purchasers thereof, his, her, or their heirs or assigns, as fully and effectually to all intents and purposes whatsoever, as I, the said Sir W. J. P., might or could do if personally present. Hereby ratifying, confirming, and allowing all and whatsoever my said attorneys shall either jointly or severally lawfully do or cause to be done in the premises by virtue of these presents. In witness, &c.

314.-Conditions of Sale.-Freehold and Copyhold, in Lots.

1. The highest bidder [for each lot] to be the purchaser ; and if any dispute arise, the [lot in dispute] to be put up again at a former bidding. 1. at each bidding

2. No person to advance less than [for any lot], and no bidding to be retracted.

3. The purchaser [of each lot] to give in his or her name and place of abode at the fall of the hammer, and pay to the auctioneer the auction duty, and a deposit of 107. per cent on

the amount, and in part of the purchase money, and sign an agreement for payment of the remainder at [the office of Messrs. C. M. & Co., at W.] on or before the [11th day of October next], on which day the purchase is to be completed; but if [from whatever cause arising] the remainder of the purchase money should not be paid on that day, such purchaser shall pay to the vendor interest at the rate of 57. per cent. on the amount unpaid from that day until payment, but without prejudice to the right of the vendor under the eleventh condition.

[Or, the purchaser shall pay to the vendor a proportionate part of the rents and profits up to and on the day of the completion; and the vendor shall discharge the outgoings in like manner to that day, but without prejudice, &c.]

4. The vendor shall, within fourteen days from the day of sale, deliver to the purchaser [of each lot] or his or her solicitor, an abstract of title to the lot purchased by him or her, and subject to these conditions, deduce a good title; and on payment of the remainder of the purchase [and valuation] money agreeably to these conditions, proper conveyances, surrenders, and assurances, shall be made, passed, and executed to the said purchaser, the same to be prepared by, and passed and executed at the expence of the purchaser.

5. All attested, official, or other copies of, extracts from, or searches for, or production of deeds, wills, letters of administration, court rolls, or other documents, writings or assurances, and of and for all affidavits, certificates, or other evidence, whether for comparing or verifying the abstract, or for whatever purpose required, shall be made and obtained by and at the expence of the purchaser requiring the same. [And who shall also bear the expence of, or in relation to the preparing, perusing, and executing the assignment of any outstanding term to attend the inheritance, (should any such term exist) and the searching for and enabling any party to make or join in such assignment.]

6. The vendor shall not be called on to shew any further title to the small parts [of any lot] formerly glebe, and sold to redeem land tax, than the conveyance of such glebe, nor to any parts formerly waste, than the grant in court by the lord of the manor of W.; neither shall the vendor be called on to shew any earlier title to the premises [comprised in lot 3] than, &c., nor to distinguish the boundaries of the freehold or copyhold parts, or identify the present with the former description of any lot; and no proof shall be required of any facts stated, recited, notified, or implied in any deed, will, court roll, or document dated upwards of [thirty] years since, nor shall proof be required of the lord's title to any parts [of any lot] formerly copyhold and enfranchised.