thes. Right of way. The same [vicarage] of the parish church of, in the county of for the next avoidance of the same only. XXIX. ALL and all mner of tithes of corn, grain, and hay, and all other tithes whatsoever, both great and small, and parcels and portions thof, and all moduses and rent-charges in lieu or commutation of tithes issuing or payable out of or in respect of the lands and hereds situate, &c., described in the schedule hereunder written. XXX. TOGR also with full right and liberty for the sd, purchaser, his hrs [exs, ads,] and assigns, [in common with the sd A., his hrs and assigns, and the owners and occupiers for the time being of the other houses situate, &c., or," with all other psons who have or may hereafter have the like right,"] at all times hereafter, by day or by night, and for all pposes, with or without horses, carts, carriages, or waggons, laden or unladen, to go, pass, and repass, and to drive cattle, sheep, and other animals along over and upon the sd street or road, called, &c., or, "leading from to -," [delineated in the sd plan and therein coloured red], [the sd, purchaser, his hrs [exs, ads,] and assigns, from time to time paying his or their due proportion with such other owners or occupiers as afsd [according to the extent of his or their frontage] of the expense of maintaining the sd street or road and the fences adjoining the same in proper repair, until the same shall be adopted by the parish or local authority]. XXXI. TOGR also with the right for the sd, purchaser, his to a private hrs [exs, ads,] and assigns, the owners and occupiers of dwellinghouse only. the sd messuage and hereds, known as, &c., at all times. hereafter, but on foot only [and between forenoon, and Right to use roads o'clock in the o'clock in the afternoon only], or, "and for all pposes connected with the use and occupation of the sd messuage and hereds, as a private residence, but not further or otherwise, with or without horses or other animals, carts, carriages, or waggons, laden or unladen," to go and return along, &c., as in last form. XXXII. TOGR with the right at all times hereafter [in on build common, &c., as in form xxx., or, "in common as afsd," to and drains use the sd roads or intd roads known as, &c., or, "all common ing estate. roads made or to be made on the sd este," and all Short form. sewers, drains, and water-courses now or hereafter made or passing under or along any of the sd roads. restrictive XXXIII. TOGR with the benefit of the covenants, restrictions, Benefit of and condons contd in an indre dated, &c. [in the several covenants indres specified in the schedule hto], restrictive of building (a). on or the user of the pieces of land thby [resply] assured [with power in the name of the sd, vendor, to sue upon or enforce the performance and observance of the sd covenants, restrictions, and condons, or any of them]. PERSONAL ESTATE. assurance 1. ALL THAT policy of assurance on the life of the sd A., Policy of effected in the Assurance Society, in the name of the sd A. [the sd B.], dated, &c., numbered, &c., for the sum of £, and under the annual premium of £, and all moneys assured by or to become payable under the sd policy [or, and the sd sum of £-assured thby, and all bonuses and additions thto], and the full benefit thof. II. ALL THOSE the several policies of assurance on the Several lives of the sd K. and L. resply, the parlars whof showing scribed in policies de the offices in which and the psons in whose names the same schedule. resply were effected, and the sums assured thby, and the dates and numbers thof, and premiums payable in respect of the same, are contd in the schedule hto, and all moneys, &c., as in last form. III. ALL THAT the hinbefore recited bond, or, "All that Bond debt bond dated, &c., under the hand and seal of the sd A., whby the sd A. became bound to the sd B. in the penal (a) As to the right of a purchaser of one of several plots laid out for building to the benefit of the restrictive covenants entered into by the purchasers of the other plots, see Mann v. Stephens, 15 Sim. 377, Western v. Macdermott, L. R. 2 Ch. Ap. 72, Coles v. Sims, Kay 56, 5 D. M. & G. 1 ; but see Renals v. Cowlishaw, 9 Ch. D. 125, 11 Ch. D. 866. Life interest in personalty. ary interest alty. sum of £ conditioned for the paymt, &c.," and the principal money and interest now due and henceforth to become due for the same, and the full benefit and advantage thof. IV. ALL THE este and interest of him the sd, vendor, under the hinbefore recited indre of settlemt [will] during his life in the stocks, funds, and secs specified in the schedule hto, or which may hereafter represent or be substituted for the same, or any pt thof, and in the interest, dividends, and annual produce thof resply. Reversion- V. ALL THAT the share, este, and interest of him the sd, in person- vendor, under the hinbefore recited indre of settlemt [will], expectant and to take effect in possion on the death of the sd K. [or the default or failure of issue of the sd K. by L. his wife as afsd, which shall last happen], of and in the stocks, funds, and securities, &c., as in last form. Share of residue. Goodwill, stock-in VI. ALL THAT the one equal pt or share [and all other (if any) the pt or share], to which the sd, vendor, is entled under the sd will and codicils of the sd K. as hinbefore is recited, of and in the residuary personal este of the sd K., or the moneys to arise from the sale, conversion, and getting in of the same, subjt to and after paymt of the funeral and testamentary expenses and debts of the sd testor, and the legacies bequeathed by his sd will and codicils. VII. ALL THAT the goodwill or interest of him, the sd A., of machinery, and in the business of [carried on by him at ], trade, book and also all the machinery, utensils, furniture, materials for debts, &c. manufacture, manufactured goods, chattels, and effects belonging to or used in his sd business, and the book debts the parlars whof are entered in the books of account of the sd business, and the benefit of all existing contracts. and orders for the supply of articles and things manufactured by him in his sd business. RESERVATIONS. (a) or reser I. ALL THOSE, &c., SAVE and except out of the assur- Exception ance hby made, or, "this present assurance," All, &c., or, vation. "EXCEPT and reserved unto the sd, vendor, his [appointees] hrs [exs, ads] and assigns, &c.," [AND ALSO by way of assurance, and not of exception or reservation, all, &c.]. minerals, of surface II. EXCEPT and reserving unto the sd, vendor, his hrs Reservaand assigns, all [coal, iron-stone, and other] mines and tion of minerals in or under the lands hby assured, with full liberty with rights and power at all times to enter upon the sd lands or any pt working. thof, to search for, dig, raise, make merchantable, and carry away the sd [coal, iron-stone, and other] mines and minerals [without leaving any support for the surface of the sd lands], and with full liberty and power to make, sink, maintain, and use all such pits, shafts, levels, drains, water-courses, and reservoirs, and to construct, erect, maintain, and use all such spoil-banks, railroads, tramroads and other roads, bridges, buildings, works, engines, machinery, and conveniences whatsoever, and to do all such things in, under, upon, through, or over the sd lands, or any pt thof, as may be necessary or convenient for all or any of the pposes afsd, making from time to time nevertheless to the sd, purchaser, his hrs and assigns, and his and their lessees and tenants, reasble and adequate compensation for all damage thby done or occasioned to the sd lands, or any buildings thereon [other than any damage occasioned by the subsidence of the sd lands]. III. EXCEPT and reserving unto the sd, vendor, his hrs The same, with right and assigns, all mines and minerals in and under the sd of underlands hby assured, with full power and authority to work ground, working and get the same mines and minerals, but by underground only. workings only, and without entering upon or in any mner affecting or exercising any rights or powers whatsoever in (a) See Elph. Introd. Conv. 130, 261. Compare the forms of reservations, post, LEASES (HOUSES, &C.), (AGRICULTURAL), and (MINING). VOL. I. A A The same. or over the surface of the sd lands, and making, compensation, see last form. IV. EXCEPT and reserving out of the assurance hby made, all mines and minerals, whether already opened and in working or not, in or under the lands hby assured, and every pt thof, and in or under all roads or ways intersecting the sd lands, or any pt thof, and in or under all roads or ways bounding the same lands, to the centre of such roads or ways (other than clay, marl, gravel, and sand, which can be gotten without going under or passing through any seam or vein of coal or iron-stone), and which mines and minerals (other than and excluding such clay, marl, gravel, and sand as afsd) are hinafter referred to as the excepted mines and minerals with full power for the sd, vendor, his hrs and assigns, and his and their lessees, agents, servants, and workmen, to search for, get, take, and carry away, and have and take the rents and profits of the excepted mines and minerals; and to sink any pits or shafts, and excavate and drive any underground levels, pits, passages, adits, and headways, and make and lay down any railways, tramways, or other ways or roads, above or underground, and to make any sidings, tramways, or other communications with or to the Railway, and to erect and build any offices, buildings, engines, pumps, machinery, works, or conveniences, and to place, stack, and lay up any coal, cannel, or other minerals, earth, and rubbish to be raised out of any of the sd mines upon such pt of the sd lands as is coloured on the sd map or plan, for the ppose of getting and working the excepted mines and minerals [and any mines or minerals in or under the other lands belonging to the sd, vendor, which are coloured on the sd map or plan]; and also to make and use for the ppose of the carriage, sale, and delivery, not only of the excepted mines and minerals [and of all mines and minerals in or under the other lands afsd], but also of all materials, articles, and things which the sd, vendor, his hrs or assigns, or his or their lessees, agents, servants, and workmen, may desire to |