Parties. Recitals of lease and release. Of contract for sale Witnesseth. Operative words. expiration of the said term if the same shall be lawfully demanded: TO THE INTENT and purpose that by virtue of these presents, and of the statute for transferring uses into possession, the said J. P. may be in the actual possession of the premises, and be thereby enabled to take and accept a grant and release of the freehold, reversion, and inheritance of the same premises to him, his heirs and assigns, to the uses and upon the trusts thereof to be declared by another indenture intended to bear date the next day after the day of the date hereof. IN WITNESS, &c. (2.) Deed of RELEASE to USES to BAR DOWER. THIS INDENTURE, made the 2nd day of July, 18-, BETWEEN A. V. of, &c. [vendor], of the one part, J. P. of, &c. [purchaser], of the second part, and D. T. of, &c. [dower trustee], of the third part: WHEREAS by indentures of lease and release respectively made on the 1st and 2nd days of May, 18—, between W. M. of the one part, and the said A. V. of the other part, the hereditaments hereinafter expressed to be hereby granted and released were assured to the use of the said A. V., his heirs and assigns: AND WHEREAS [contract for sale by A. V. to J. P.]: NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said contract for sale, and in consideration of £1,000 to the said A. V. now paid by the said J. P. (the receipt whereof the said A. V. doth hereby acknowledge), HE the said A. V. HATH GRANTED, RELEASED, AND CONFIRMED, and by these presents DOTH GRANT, RELEASE AND CONFIRM unto the said J. P. (in his actual possession now being by virtue of a bargain and sale to him thereof made by the said A. V. in consideration of five shillings by an indenture bearing date the day next before the day of the date of these presents for the term of one year from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession), ALL THAT [parcels, general words: All the estate clause]. TO HAVE AND TO HOLD the said hereditaments UNTO the Habendum. said J. P. and his heirs, bar dower. TO SUCH USES, upon and for such trusts, intents, and To uses to purposes, and with, under, and subject to such powers, provisoes, and declarations as the said J. P. shall from time to time by any deed or deeds, instrument or instruments in writing, limit or appoint; And in default of and subject to any such limitation or appointment, TO THE USE of the said J. P. and his assigns during his life; AND from and after the determination of that estate by forfeiture or otherwise in his lifetime To THE USE of the said D. T. and his heirs during the life of the said J. P., IN TRUST for the said J. P. and his assigns; AND after the decease of the said J. P. TO THE USE of the said J. P., his heirs and assigns [covenants for title by A. V.]. IN WITNESS, &c. V. RELEASE in fee, under the Act 4 Vict. c. 21. THIS INDENTURE, made the 1st day of January, 1843, in pursuance of an Act of Parliament passed in the fourth year of the reign of her present Majesty and intituled "An Act for rendering a Release as effectual for the Conveyance of Freehold Estates by the same parties." BETWEEN V. of, &c. [vendor], of the one part, and P. of, Parties. &c. [purchaser], of the other part: Recital of sale. WHEREAS [recite contract for sale by V. to P.] NOW THIS INDENTURE WITNESSETH that, in pursuance of contract for the said agreement, and in consideration, &c. (the receipt, Witnesseth. &c.), HE the said V. HATH granted, bargained, sold, aliened, Operative released, and confirmed, AND by these presents DOTH grant, words. bargain, sell, alien, release, and confirm UNTO the said P. and his heirs, ALL THOSE [parcels, general words, and all the estate clause], Habendum. TO HAVE AND TO HOLD the said messuages or tenements, lands, hereditaments, and other the premises hereby granted and released, or intended so to be, with their appurtenances UNTO AND TO THE USE of the said P., his heirs and assigns, for ever [covenants by V. for title]. IN WITNESS, &c. VI. Parties. Witnesseth. Operative words. COVENANT to STAND SEISED. day of 18-, THIS INDENTURE, made the WITNESSETH that the said J. S., in consideration of the natural love and affection which the said J. S. hath and beareth for the said F. S., his said father, DOTH for himself and his heirs, cOVENANT and grant, with and to the said F. S. and his heirs, that he the said J. S. and his heirs, will and shall henceforth stand and be seised of and in ALL THAT the manor and lordship of X. in the county of Y., and all other lands and hereditaments whatsoever, of him the said J. S. in X. aforesaid, and all other his hereditaments whatsoever whereof he the said J. S. now is or standeth seised of and in an estate of fee-simple with their and every of their rights, members, and actual or reputed appurtenances, TO THE USE of him the said J. S. and the heirs male of his body lawfully begotten; AND for default of such issue, TO THE USE of the said F. S. and the heirs male of his body lawfully begotten: AND for default of such issue, TO THE USE of the right heirs of him the said J. S. for ever. IN WITNESS, &c. PART III. FORMS OF TRANSFER AND CHARGE UNDER THE LAND TRANSFER RULES, 1903. I. FORM 20.-Instrument of Transfer of Land. (Rule 126.) A. B., of, &c., hereby transfer to C. D., of, &c., the land comprised in the title above referred to. Signed, sealed, and deli vered by the said A. B., in the presence of E. F., of &c. (Signature of A. B.) (Seal.) Note. Where the transfer is made under section 9, subsection 6 of the Act of 1897, and deals with part only of the land comprised in a title, or is made under Rule 96, the number of the title must be left blank, and instead of the words" the title above referred to a reference to the last preceding document of title containing a description of the land must be inserted. When the consideration is advanced by different persons in separate sums, or does not consist, or wholly consist, of money, its nature, or the separate payments made, may be concisely stated. When the transfer is to two or more jointly, no addition need be made to the form. Where it is to two or more as tenants in common, one of the following forms may be used: "to C. D. and E. F. in equal shares," "to C. D. four-fifths, and to E. F. one-fifth of," and so on; where the transferor retains a share, add the words and I the said A. B. retain share or shares. 66 The amount of the consideration should be stated in words, and repeated in figures-as, for instance, three hundred and seventy pounds (£370)." II. FORM 44. Instrument of Charge. (Rule 158.) (Heading as in Form 20.) (Date.) In consideration of pounds (£ ) I, A. B., of &c., hereby charge the land comprised in the title above referred to with the payment to C. D., of &c., on the Note. Where the charge is made under section 9, subsection 6 of the Act of 1897, and deals with part only of the land comprised in a title, or is made under Rule 96, the number of the title must be left blank, and instead of the words" the title above referred to " a reference to the last preceding document of title containing a description of the land must be inserted. Where the consideration is advanced by different persons in separate sums or does not consist, or wholly consist, of money, its nature, or the separate payments made, may be concisely stated. The amount of the consideration should be stated in words, and repeated in figures-as, for instance, "three hundred and seventy pounds (£370)." |