PREC. IV. Recitals. Seisin. Witnesseth. Covenant to sur render. IV. COVENANT to SURRENDER COPYHOLDS on a Sale. VARIATIONS where RECITALS are omitted, and where the Copyholds are held of SEVERAL MANORS (a). PARTIES, A., vendor, 1; B., purchaser, 2. [WHAS the sd A. is seised for an unincumbered este of inheritance to him and his hrs of the hereds [first] hby covenanted to be surrendered, at the will of the lord, according to the custom of the manor of in the county of [and of the hereds 2ndly hby, &c.] and has agrd with the sd B. for the sale of the sd [respive] hereds and premes to him for the sum of £. [Recital as to muniments, p. 341.] NOW THIS INDRE] WITNETH that [in psuance, &c., and] in conson, &c. (the rect, &c., see Precedent 1.), the sd A., as beneficial owner (b), doth hby covenant with the sd B., his hrs and assigns, that he, the sd A., or his hrs and all other necessary [upon the trusts], and subjt to the powers and provons hinafter decld and contd concerning the same. AND THIS INDRE ALSO WITNETH that in further psuance of the sd agreemt, and for the conson afsd, the sd A., as beneficial owner, doth hby grant and confirm unto the sd B. and his hrs, parcels, TO HOLD the sd premes unto the sd B. and his hrs, subjt, &c., to tenancies, to the uses [upon the trusts], and with and subjt to the powers and provons hinafter expd, that is to say, &c." (a) Sometimes the deed containing the covenants for title and production of muniments follows the surrender instead of preceding it as above, in which case a recital of the surrender would be substituted for the covenant to surrender; but as the latter plan has no practical advantage over the former (the technical objection with respect to the covenants running with the land in the former case, see Dav. Prec. II., pt. 1, 366, not arising under the statutory covenants), and the statutory covenants for title could not in the latter case be implied (see p. 368, note), a form of such a deed is not given. (b) See above, p. 365, note, p. 406, note (e), and as to implying the statutory covenants for title in the case of copyholds, see p. 368, note. 66 purchaser.. pties, if any, will forthwith, at the cost of the sd B., his PREC. IV. hrs or assigns, surrender into the hands of the lord of the sd manor [the manor of in the county of -], according to the custom thof [into the hands of the lords. of the manors, of which the same are resply holden as hinbefore is recited, according to the customs thof resply], parcels, p. 344, [to which sd hereds the sd A. was admitted out of court, or, "at a court holden for the sd manor," on the day of on the surrender of X., or, as the heir of Y., deceased,"] omitting general words and estate clause, see pp. 357, 359, TO THE USE of the sd B., To use of his hrs and assigns for ever, to be holden of the lord of the sd manor [lords of the respive manors of which the same are resply holden] by copy of court roll, according to the custom [s] thof [resply], by and under the rents, fines, heriots, suits, and services due and of right accustomed for the same. AND THE sd A. doth hby declare that Declaration in the meantime and until the sd premes shall have been surrendered psuant to the covenant hinbefore contd, he, the render. sd A., and his hrs will stand seised thof in trust for the sd B., his hrs and assigns. [Acknowledgment and undertaking as to documents of title, p. 391, see p. 407, note (k) ]. IN WITNESS, &c. of trust until sur V. SURRENDER of COPYHOLDS to a Purchaser. VARIA PREC. V. BE IT REMEMBERED that on the day, above- Memoranmentd, A., of, &c., a copyhold tenant of the sd manor, [and dum. PREC. V. B. his wife,] came before me, X., [deputy] steward of the sd manor, and [she, the sd B., having been by me, the sd [deputy] steward, first examined separately and apart from her sd husband, touching her free and voluntary consent to the making and passing the surrender hinafter contd and freely and voluntarily consenting thto as by law required,] did out of Court, and in conson of the sum of £- to the sd A. paid by C., of, &c., [and D., of, &c.,] (the rect whot Surrender. is hby acknowledged), surrender out of his [their and each of their] hands into the hands of the lord of the sd manor by the hands and acceptance of me, the sd [deputy] steward, by the rod according to the custom of the sd manor, parcels, To use of p. 344, omitting general words and estate clause (a), To THE purchaser. USE of the sd C., his [C. and D., their] hrs and assigns for ever [as tenants in common in equal shares], at the will of the lord according to the custom of the sd manor, by and under the rents, [the apportioned rent of £, and the] fines, heriots, suits, and services, due and of right accustomed for the same. Taken [together with the sepa rate examination of the sd A. B. X., [Deputy] Steward. Receipt for Consideration Money (b). (a) See p. 375, note, p. 359, note (a). The enactments in the Conv. Act, 1881, ss. 6 and 63, implying the general words and estate clause in conveyances, apply to surrenders of copyholds, as the word "conveyance" in the Act, though by s. 2 it includes all kinds of conveyances by deed, is not confined to them. (b) The Conv. Act, 1881, ss. 54, 55, only apply to deeds. VI. VARIATION ASSIGNMENT of LEASEHOLDS by the Lessee or PREC. VI. Recite lease, p. PARTIES, A., vendor, 1; B., purchaser, 2. 325, and devolution of title (if any) to the vendor, p. 326. Contract for sale, p. 337; [Recital as to muniments (a).] NOW THIS INDRE WITNETH that in psuance, &c., Witand in conson, &c., see Precedent I. (b), the sd A., as beneficial owner (see p. 406, note (e), doth hby assign unto the Assignsd B., his exs, ads, and assigns, ALL AND SINGULAR the [pieces (a) If the license of the lessor is required to the assignment, the clause in the lease requiring his license to an assignment will be recited. If he is made a party to the assignment (which is not usual), the following recital will be inserted in this place : nesseth. ment. to concur rence of license. "AND WHAS the sd, lessor, has agrd to concur in these Recital as presents, for the ppose of giving his consent in mner hinafter ref appearing to the assignmt hby made," and the assignment will be lessor. expressed to be made "with the consent (hereby testified) of the sd, lessor," and the following proviso should be added immediately after the habendum: " PROVD always that the license hinbefore given Proviso by the sd, lessor, shall not be deemed to authorise any re restricting further assignmt [or any underletting] of the sd premes." If the lessor gives license by a separate instrument (for form of which, see LICENSES), the following recital will be inserted in this place: "AND WHAS the sd, lessor, has given his license in writing dated, &c., to the assignmt hby made." In either of the above cases if the property assigned is comprised in more than one lease, and license is required for the assignment of the property comprised in one lease only, add in the recital after the words, "hby made," the words, "of the premes comprd in the sd indre of lease of, &c." (b) If the lease is at a rack rent and no money passes, say, "in conson of the covenant of the sd B. hinafter contd." PREC. VI. Parcels. or peels of land, messuages or tenemts] hereds and premes comprd in or expd to be demised by the sd [several] recited indre [indres] of lease [resply], omitting general words and Habendum estate clause, see pp. 357, 359, TO HOLD the same unto the sd B., his 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 to the paymt of the reut [rents], and performance and observance of the covenants on the pt of the lessee and condons by and in the same indre [indres resply] reserved and contd [and subject also to a certain indre of underlease granted to X., of, &c., by indre, dated, &c., and made, &c., for the term of day years from the IN WITNESS, &c. PRO VI Assign Parcels, VII. ASSIGNMENT of LEASEHOLDS by the original LESSEE to a purchaser. CONCISE FORM by ENDORSEMENT on the Lease or by supplemental Deed (a), without Recitals. PARTIES, [the within named] A., [of, &c.,] (hinafter called the vendor), 1; B., (hinafter called the pchaser), 2. [Supplemental to an indre of lease dated, &c., and expd, &c.,] WITNETH that in conson, &c. (the rect, &c.), the vendor, as beneficial owner (see p. 406, note (e)), doth hby assign unto the pchaser, his exs, ads, and assigns, All and SINGULAR the premes demised by the within written [above (a) See p. 75, note. |