UNTO the said E. F., his heirs and assigns, To THE USE of the said E. F., his heirs and assigns for ever [covenant against incumbrances by A. B. and C. D., supra, p. 269]. IN WITNESS, &c.

(ADD a Schedule.)

PRECEDENT

XXIX.

UNDIVIDED
MOIETY.

to purchaser in fee.

XXX.

COVENANT to SURRENDER COPYHOLDS (a), with Covenants for Title.

PRECEDENT
XXX.

COVENANT TO
SURRENDER
COPYHOLDS.

1. Parties.

2. Witnesseth, consideration,

THIS INDENTURE, made, &c., between A. B., of, &c. [vendor], and E. B., his wife, of the one part; and C. D., of, &c. [purchaser], of the other part: WITNESSETH, that in consideration of the sum of £ upon the execution of these presents paid by the said C. D. to the said A. B. for the purchase of the absolute inheritance in possession of the hereditaments hereinafter covenanted to be surrendered (the receipt whereof the receipt, said A. B. doth hereby acknowledge), He the said A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and 3.-covenant to surrender, assigns, that he the said A. B. or his heirs, and the said E. B., for the purpose of barring her right of freebench in the said hereditaments, and all other necessary parties (if any), will forthwith, at the cost of the said C. D., his heirs or assigns, surrender into the hands of the lord or lady of the manor of in the county of according to the custom thereof; ALL, &c. [Parcels from 4.-parcels, the description on the Court Rolls]; to which said hereditaments the said A. B. was, at a court held for the

(a) With respect to nature, tenure, and assurance of copyholds, see supra, p. 188 et seq.

PRECEDENT
XXX.

COVENANT TO
SURRENDER

COPYHOLDS.

5.-to the use of the purchaser.

6. Covenants for title,

for right to surrender;

for quiet enjoyment,

said manor on the

day of

admitted as the heir of M. N., deceased; AND ALSO all, &c. [parcels], to which said last-mentioned hereditaments the said A. B. was, at a court held for the said manor on the day of admitted, on the surrender of X. Y. [General words, supra, p. 208]: TO THE USE of the said C. D., his heirs and assigns, according to the custom of the said manor, by and under the rents, fines, suits, and services therefore due and of right accustomed; AND FURTHER, that in the meantime and until the said hereditaments and premises shall be surrendered, in pursuance of the covenant hereinbefore contained, the said A. B. and his heirs will stand seised of and will hold the same hereditaments and premises, In trust for the said C. D., his heirs and assigns (b); AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns (c), that notwithstanding anything by the said M. N., or by him the said A. B., or by the said E. B., done, omitted, or knowingly suffered, they the said A. B. and E. B. now have power to surrender the said premises hereinbefore covenanted to be surrendered to the use of the said C. D., his heirs and assigns, according to the custom of the said manor; AND THAT the same premises shall at all times remain and be to the use of the said C. D., his heirs and assigns,

Covenants for

title to copyholds.

(b) This declaration will enable the purchaser to obtain a vesting order, or an order to convey under the Trustee Act, 1850, in the event of the covenant to surrender not being performed: Re Collingwood, 6 W. R. 536; a mere covenant to surrender is no more than an agreement under seal to sell, and does not make the infant heir of the covenantor, a trustee for the purchaser: Re Carpenter, Kay 418; Re Propert, 22 L. J. Ch. 948.

(c) The subject of covenants for title to copyholds has been considered, ante, Vol. i. p. 111, and supra, p. 193: and it has been shown, that, in purchases of copyholds, the practice of making the surrender precede the execution of the deed of covenants for title is preferable to taking a covenant to surrender. Where this practice is adopted, the deed will contain (see the next Precedent) merely covenants for title.

PRECEDENT

XXX.

COVENANT TO

SURRENDER
COPYHOLDS.

according to the custom of the said manor, and be quietly entered into and upon, and held and enjoyed, and the rents and profits thereof received by the said C. D., his heirs and assigns, accordingly, without any interruption or disturbance by the said A. B. and E. B., or either of them, or any person claiming through or in trust for them or either of them, or the said M. N.; AND free from inTHAT free and discharged from, or otherwise by him the cumbrances; said A. B., his heirs, executors, or administrators, sufficiently indemnified against all estates, incumbrances, claims, and demands created, occasioned, or made by the said M. N., A. B., and E. B., or any of them, or any person claiming through or in trust for them, or any of them; AND FURTHER, that the said A. B. and E. B., and every for further person having or claiming any estate, or interest in the assurance. said premises, through or in trust for them, or either of them, or the said M. N., will at all times, at the cost of the said C. D., his heirs or assigns, execute and do every such assurance and thing, for further or more perfectly assuring all or any of the said premises to the use of the said C. D., his heirs and assigns, according to the custom of the said manor, and under the rents, fines, suits, and services therefore due and of right accustomed, as by him or them shall be reasonably required. IN WITNESS, &c.

XXXI.

DEED of COVENANTS for Title to COPYHOLDS PRE-
VIOUSLY SURRENDERED to a PURCHASER (a).

THIS INDENTURE, made, &c., between A. B., of,
&c. [vendor], of the one part; and C. D., of, &c. [pur-

(a) See the notes to Precedent XXX.

PRECEDENT
XXXI.

COVENANTS

FOR TITLE TO SURRENDERED COPYHOLDS.

1. Parties.

PRECEDENT
XXXI.

COVENANTS

FOR TITLE TO

SURRENDERED

COPYHOLDS.

2. Recites surrender for effectuating sale.

3. Witnesseth: consideration,

vendor covenants for title.

chaser], of the other part; WHEREAS, for effectuating a
sale by the said A. B. to the said C. D. at the price of
£ of the absolute inheritance in possession of the
hereditaments hereinafter recited to have been surren-
dered, and in consideration of the sum of £ this day
paid by the said C. D. to the said A. B., the said A. B.
[and E. B. his wife], at a court this day held for the
manor of
in the county of hath [have] surren-
dered into the hands of the lord of the said manor,
according to the custom thereof, ALL, &c. [Parcels from
the Court Rolls], TO THE USE of the said C. D., his heirs
and assigns; and thereupon the said C. D. hath been
admitted tenant of the same premises, to hold the same
unto the said C. D., his heirs and assigns, according to
the custom of the said manor, by and under the rents,
fines, suits, and services therefore due and of right
accustomed: NOW THIS INDENTURE WITNESS-
ETH, that in consideration of the said sum of £
paid by the said C. D. to the said A. B. as aforesaid (the
receipt whereof the said A. B. doth hereby acknowledge),
He the said A. B. doth hereby for himself, his heirs, exe-
cutors, and administrators, covenant with the said C. D.,
his heirs and assigns, that notwithstanding anything by
him the said A. B. or any of his ancestors or testators [or
by the said E. B.] done, omitted, or knowingly suffered,
he the said A. B. hath [or, they the said A. B. and E. B.
have] (b) power to surrender the said premises herein-
before recited to have been surrendered, To THE USE of
the said C. D., his heirs and assigns, according to the
custom of the said manor: AND THAT, &c. [for quiet
enjoyment, free from incumbrances, and for further assu

(b) The surrender and the execution of the deed of covenant are usually contemporaneous acts; and therefore, as the law does not recognise parts of a day, it is right that the vendor should covenant that he has power to surrender. Where, however, the deed is executed on a day subsequent to the surrender, the covenant should be, that, at the time of the surrender herein before recited to have been made, the said A. B. had power to surrender, &c.

rance, supra, p. 209; and ante, Vol. I. p. 191; and see also supra, p. 219, n. (c), and the various forms of covenants there referred to, and post, Precedent XXXIV., p. 336]. IN WITNESS, &c.

PRECEDENT

XXXI.

COVENANTS FOR

TITLE TO SURRENDERED COPYHOLDS.

XXXII.

SURRENDER of COPYHOLDS to a PURCHASER by a
TENANT IN TAIL in possession, and ADMITTANCE of
PURCHASER (a).

BE IT REMEMBERED that, on the day of, A. B., of, &c., a tenant of the said manor, came before deputy steward of the said manor, for that turn and purpose only, and did, out of Court, in consideration of a sum of £ paid to him by C. D., of, &c., for the purchase of the hereditaments intended to be thereby surrendered as thereinafter expressed, and in pursuance of a covenant for that purpose contained in a certain indenture bearing even date herewith, and made between [parties], and for barring and defeating all estates tail (b) of the said A. B., whether at law or in

(a) As previously mentioned (supra, p. 195), surrenders and admittances are usually prepared by the steward of the manors. Their form and language vary in the various manors, but the Precedent in the text is in the terms generally employed, and may be taken as a guide under ordinary circumstances.

(b) Copyholds are not within the statute De donis, 13 Edw. 1. c. 1, and therefore are not entailable except by special custom: Doe v. Truby, 2 W. Bl. 946; and where no such custom exists in the manor, the person who would otherwise be tenant in tail will take a fee simple conditional at common law: Doe v. Clark, 5 B. & Ald. 458.

Entails in copyholds are barred according to the provisions of the