Short form. Subject to tenancies. The same. Where the rent payable by the tenant and also the tithe veyed, see below (a)] To THE USE of the sd, purchaser, his [purchasers, their] hrs and assigns for ever [if tenants in common say, "To THE USE of the sd, purchasers, and their respive hrs and assigns, as tenants in common, in equal shares," or, "in the shares following, that is to say, one moiety to the sd, his hrs and assigns, one equal fourth pt to the sd, &c."]. II. TO HOLD the same UNTO AND TO THE USE of the sd, purchaser, his hrs and assigns, or, "in fee simple” (b), [subjt, &c., to tenancies or incumbrances]. whby the sd years from "to or, III. TO HOLD, &c., subjt to a lease dated, &c., premes were demised to K., for the term of the day of -, at the yearly rent of £ the leases and tenancies hinbefore, or, in the sd schedule hto,' mentd," or, "to the subsisting leases and tenancies." IV. TO HOLD, &c., subjt to a lease dated, &c., whby the sd premes (togr with other lands and hereds) were demised, &c., at the yearly rent of, of which the yearly rent of £ shall be the apportioned pt to be henceforth payable in respect of the sd premes hby assured, and with the portioned. benefit of such apportioned rent, and all powers and remedies for the recovery thof, and of the covenants by the lessee, and condons contd in the sd lease, so far as the same relate to the sd premes hby assured, AND SUBJT to the paymt of a yearly sum of £, or the equivalent thof for the time being under the provons of the Acts for the commutation of tithes, as an apportioned part of the yearly sum mentd in the apportionmt of the tithe rent-charge for the sd parish of, as payable in respect of an inclosure of which the sd premes hby assured form pt. rent is ap (a) According to the more technically correct practice, and which should be adhered to in a conveyance to uses, the incumbrances, &c., subject to which the conveyance is made are stated, as in the above form, before the declaration of the uses; but in a simple conveyance in fee, in which the declaration of the use is in fact usually mere surplusage, the short form No. II. is preferable. (b) Sec note (c), last page. mortgage, succession v. To HOLD, &c., subjt to the hinbefore recited indre of Subject to mortgage, and the principal sum of £- now owing on rentthe secy thof, and the interest due and to become due charge, or on such sum from the last, or, "to the duty. paymt of the sd annuity or rent-charge of £ from last," or, "subjt to the succession day of day of the of the premes." VI. TO HOLD, &c., subjt to the obligations and restric- Subject to obligations tions hinafter expd and imposed on the sd, purchaser, his and rehrs and assigns. strictive covenants. tions and convey ance. VII. TO HOLD, &c., to purchaser in fee, subjt to such ex- Subject to ceptions and reservations of the and other mines and reservaminerals in and under the sd lands and premes, and rights restrictions of working and getting the same, and otherwise in relation in a former thto, and to such rights of way and water, and other easemts and rights, as were by the hinbefore recited indre of, &c.. excepted or reserved to or in favour of the sd X., his hrs and assigns, or otherwise: And subjt also to the covenants by the sd, vendor, and provons in the same indre contd, restrictive of the right of building on, or user of the sd lands and premes or otherwise: But with the benefit of the provons in the sd indre contd for compensating the sd, vendor, his hrs and assigns, in respect of land taken or occupied for the ppose of, or damage done in working or getting the sd mines and minerals, or the exercise of the powers and liberties thby given to the sd X., his hrs and assigns, To THE USE, &c. a specified VIII. TO HOLD, &c., UNTO the sd, purchaser, his hrs and Free from assigns, discharged from all principal monies and interest incumintd to be secured by, and from all claims and demands brance. under the hinbefore recited indre of, &c. [but subjt, to leases, dc.], TO THE USE, &c. IX. TO HOLD the same UNTO the sd, purchaser, and his To uses to (a) The dower uses, though still frequently met with in abstracts of title, can now rarely be required, as they only apply to a purchaser who has a wife living to whom he was married on or before 1st January, 1834. bar dower (a). Freeholds to uses Freeholds to uses of hrs [subjt, &c., to tenancies or incumbrances] TO SUCH USES upon such trusts and with and subjt to such powers and provons as the sd, purchaser, shall by any deed or deeds appoint, and in default of, and subjt to any such appointmt, TO THE USE of the sd, purchaser, and his assigns during his life, without impeachmt of waste, and after the determination of that este in his lifetime, To THE USE of the sd, dower trustee, and his hrs [or, exs and ads], during the life of the sd, purchaser, upon trust for the sd, purchaser, and his assigns, and after the determination of the este hby limited to the sd, dower trustee, as afsd, To THE USE of the sd, purchaser, his hrs and assigns for ever. X. TO HOLD the same UNTO the sd, grantee or grantees afterwards to uses, and his [their] hrs [subjt, &c.] TO THE USES upon declared. the trusts and with and subjt to the powers and provons hinafter limited, decld, and expd of and concerning the same. XI. TO HOLD the same UNTO the sd, trustees, and their hrs, settlement [subjt, &c.] TO SUCH of the uses, upon such of the trusts, and with and subjt to such of the powers and provons by and in the sd indre of settlemt of, &c. [the sd will and codicils of the sd X.], decld and expd of and concerning the [freehd] hereds [in the county of] therein comprd [thby devised] as are now subsisting or capable of taking effect. or will. Frecholds upon trusts. Leaseholds. XII. TO HOLD, &c., UNTO AND TO THE USE of the sd, trustees, their hrs and assigns [subjt, &c.] UPON THE TRUSTS, and with and subjt to the powers and provons hinafter decld and expd of and concerning the same, or, 66 upon such of the trusts, &c.," as in last form, or, "upon the trusts and with and subjt to the powers and provons upon, with, and subjt to which the same ought to be held by virtue of the sd indre of settlemt of, &c. [the sd will and codicils of the sd X.]." XIII. TO HOLD the sd hereds and premes hby assigned, or, 'the same," UNTO the sd, purchaser, his [purchasers, their] exs, ads, and assigns, henceforth for all the residue now unexpired of the sd term of years [respive terms of and years], granted by the sd indre [respive indres] of lease, subjt nevertheless henceforth, or, "as from the holds com XIV. TO HOLD all such pts of the sd hereds and premes Freeholds hby granted and assigned resply [assured] as are of freehd and leasetenure UNTO AND TO THE USE of the sd, purchaser, his hrs bined. and assigns for ever [subjt, &c.], and To HOLD all such pts of the sd hereds and premes as are of leasehd tenure UNTO the sd, purchaser, his exs, ads, and assigns, henceforth for all, &c., as in last form. XV. TO HOLD the same UNTO the sd, trustees, their exs, ads, Leaseholds upon trusts (a) If the sale is of part only of the property in the lease, the rent having Variation been apportioned on a former occasion, say : for assign. ment of -, being the appor- part of held under appor "SUBJT to the yearly rent of £tioned pt payable in respect of the premes hby assigned of premises the entire rent of £, reserved by the sd lease as hinbe- the lease fore is recited, and to the performance and observance of subject to the covenants on the pt of the lessee and condons contd in tioned the sd lease so far as the same relate to the premes hby rent. assigned, and subjt to such liability as is subsisting under the sd lease or otherwise to the paymt of the remaining portion of the sd entire rent and to the performance and observance of the sd covenants and condons in respect of the remaining portion of the premes comprd in the sd lease, but with the benefit of all the covenants, powers, and provons contd in the hinbefore recited indre of assignmt of, &c., or otherwise subsisting, for securing the paymt, performance, and observance of and indemnifying the sd, vendor, his exs, ads, and assigns in respect of such remaining portion of the sd entire rent and the performance and observance of the sd covenants and condons in relation to such remaining portion of the sd premes [and subjt, to tenancies, &c.]. of settle ment or will. and assigns, &c., as in form XIII., upon such of the trusts, &c., as in form XI., or, "upon such trusts, and with and subjt to such powers and provons as shall correspond with such of the uses, trusts, powers, and provons by and in the sd indre of, &c.," as in form XI., or, " upon the trusts of the sd settlemt of, &c., [the sd will and codicils of the sd X.]" On sale of freeholds or lease holds by mortgagee under power of sale. or lease holds to separate use of married woman. XVI. TO HOLD, &c., to purchaser, free from all right or equity of redemption, and from all claims and demands under the hinbefore recited indre of mtge. XVII. TO HOLD the same UNTO the sd, trustee, his [for freeholds, hrs and assigns to such uses] [for leaseholds, exs, Frecholds ads, and assigns, henceforth, &c., as in form XIII.,] upon such trusts, and for such pposes as the sd, married woman, notwithstanding her present or any future coverture, and whether covert or sole, shall by any deed or deeds, revocable or irrevocable, or by will or codicil appoint, and in default of and subjt to any such appointmt [for freeholds, to the use of the sd, trustee, his hrs and assigns] in trust for the sd, married woman, her hrs [exs, ads] and assigns, absolutely, for her sole and separate use, independently of her present or any future husband [and so that she shall have full power to sell, mtge, lease, or otherwise dispose thof, and to receive and give discharges for the rents and profits thof and the proceeds of any such sale, mtge, or other disposition, as if she were sole and unmarried (a)]. Freeholds and lease holds as partner. ship property. XVIII. TO HOLD the same UNTO [and to the use of] the sd, partners, their hrs [exs, ads] and assigns as joint tenants [if leaseholds, for residue of term, &c., form XIII.], in trust for them, the sd, partners, their exs, ads, and assigns, as pt of their co-ptnship este [but so that after the death of either of them, the sd, partners, the survor of them or the hrs, exs, or ads of such survor shall have full power, without the concurrence of the exs or ads of the one of them so first dying, to sell, mtge, lease, or otherwise dispose of the premes, or any pt thof, and to receive and give effectual discharges for (a) The part in this bracket may be omitted if brevity is desired. |