XXXVI. DEED of ENFRANCHISEMENT (a) of COPYHOLDS forming PRECEDENT ENFRANCHISE- 1. Parties. THIS INDENTURE, made, &c., between A. B., of, &c. [lord of one moiety of the manor], of the first part; C. D., of, &c., and E. F., of, &c. [donees of a power of enfranchising the other moiety], of the second part; G. H., of, &c. [tenant for life of the second moiety] of the third part; I. K., of, &c., and L. M., of, &c. [devisees in trust of the copyholds], of the fourth part : [Recites conveyance of one 2. Recites title moiety of the manor to uses to bar dower in favour of the manor; to one moiety of A. B., by an indenture, 27th November, 1845-Will of X. Y., devising the other moiety of the manor to trustees, in trust for G. H. during his life, and empowering the trustees with the consent of G. H. to enfranchise-Power for trustees to give receipts-Power to appoint new trustees who might exercise all the powers in the will-Death of testator and of some of the trustees-Appointments of A. B. and C. D. to be trustees]: AND WHEREAS N. O., late of, &c., deceased, duly made his will, dated the 13th day of March, 1847, and thereby gave all his freehold and copyhold lands and hereditaments, with the appurtenances, unto and to the use of the said I. K. and L. M., their heirs and assigns, upon trusts thereby declared thereof; And the said testator N. O. thereby empowered his trustees for the time being to agree with the lord or lords, lady or ladies, of the manor or manors of which his said copyhold hereditaments were holden, for the conversion into freehold of any of his copyhold estates, and to pay any sum or sums of money for such purpose, and he fully authorised and empowered his said trustees for that (a) See note (a), Precedent XXXV. 3.—will devising the copyholds. PRECEDENT ENFRANCHISE MENT UNDER A POWER. 4. death and seisin of testa. tor; tenants to copy hold; day of purpose to enter into all agreements, and to execute all deeds and do all acts which might be necessary; And he thereby appointed the said I. K. and L. M. executors of his said will; AND WHEREAS the said N. O. died on, &c., without having revoked or altered his said will, and being at the time of his death seised of and entitled to the copyhold hereditaments hereinafter expressed to be hereby enfranchised, for an estate of inheritance, according to the said manor of of which the same hereditaments are or (until such enfranchisement thereof as is expressed 5.-admission of to be hereby made) were holden: AND WHEREAS, on the the said I. K. and L. M. were duly admitted out of court as tenants to the said hereditaments by the description of All that, &c.; To hold the same premises (subject to the trusts contained in the said will of the said N. O.) of the lords of the said manor of at the will of the lords, according to the custom of the said manor, by the yearly rent of £, and the fines, rents, customs, and services therefore due and of right accustomed: AND WHEREAS, by an order made by the Vice-Chancellor Sir Richard Torin Kindersley, on the 13th day of December, 1856, upon the petition of the said I. K. and L. M., preferred in a cause in which T. P. and another are plaintiffs, and the said L. M. and others are defendants (being a suit instituted for the administration of the estate of the said N. O. deceased), it was ordered that the petitioners should be at liberty to bring in before the judge to whose court the said cause was attached proposals for the enfranchisement of the copyhold estate in the said petition mentioned (being the said hereditaments hereinafter expressed to be hereby enfranchised): And it was ordered that the further hear ing of the said petition should be adjourned: AND WHEREAS the said I. K. and L. M. as such devisees in trust as aforesaid, by an agreement in writing, dated, &c., contracted, subject to the approbation of the said judge, with the said A. B. as lord as to one undivided moiety of the said manor of and with the said C. D. and E. F. as trustees under the will of the said X. Y., who was 6.-order of Court of Chancery empowering tenants to bring in proposals for obtaining enfran chisement; 7.-agreement of tenants with the lords; PRECEDENT XXXVI. ENFRANCHISEMENT UNDER A POWER. 8-approval by Court of the seised in fee as lord of the other undivided moiety of the same manor, with the consent in writing of the said G. H. for the purchase by way of enfranchisement of the fee simple and inheritance at common law of and in the said hereditaments hereinafter expressed to be hereby enfranchised, for the sum of £- -: AND WHEREAS, in pursuance of the directions given by the said Vice-Chan- terms; cellor Sir Richard Torin Kindersley (the Judge to whose Court the said cause is attached), the chief clerk of the said Judge duly made his certificate, dated the day of, whereby he certified that such agreement in writing as is hereinbefore mentioned to bear date the day of had been entered into between the said parties thereto as aforesaid, and had been approved of as a proper agreement for the enfranchisement of the said copyhold estate, and such certificate has been approved of by the said Judge: AND WHEREAS, by an order made by the said Vice-Chancellor on the manor; day of, upon the aforesaid application of the said I. K. and L. M., it was ordered that an inquiry should be made whether a good title could be made by the lords of the said manor of to such manor; and if a good title could be made, then it was ordered that a proper deed or proper deeds for the enfranchisement of the copyhold estates of the said testator N. O., held of the said manor, upon the terms and conditions mentioned in the said agreement dated the should be approved by the Judge to whose Court the said cause is attached: AND WHEREAS it appears by the certifi- 10.-title and cate of the chief clerk of the said Judge, dated the day of (and approved of by the said Judge), that a approved of by good title can be made by the lords of the said manor of day of to such manor, and that this conveyance has been approved by the said Judge as a proper deed for the enfranchisement of the copyhold estates of the said testator N. O. held of the said manor, pursuant to the hereinbefore recited order of the day of -: AND WHEREAS the payment in manner hereinafter mentioned 9.-reference as to title to deed of enfranchisement the Court; 11.-payment of consideration, how provided of the sum or consideration money of £, mentioned for; PRECEDENT ENFRANCHISE MENT UNDER A 12. Witnesseth: in the said agreement of the day of has been or is intended to be provided for by the order of the said Court of Chancery in that behalf (b): NOW THIS INDENTURE WITNESSETH, that, pursuant to the said agreement in this behalf, dated the day of and of the order or orders and proceedings of the said Court of Chancery approving of such agreement and made or taken for effectuating the enfranchisement thereby agreed upon and intended to be hereby made, -consideration, and in consideration of the sum of £- to be paid to -the lord of one moiety of manor in exercise of a power, the said A. B., and of the like sum of £ to be paid to the said C. D. and E. F., which respective sums make up together the said sum of £- mentioned in the said agreement of the day of And in exercise of over or in the said power given to the said A. B. by the hereinbefore recited indenture of the day of relation to the undivided moiety, comprised in and assured by the same indenture, of or in the said manor of, and of every or any other power enabling him --and trustees of the said A. B., And in exercise of the said power given the other moiety to or vested in the said C. D. and E. F. under or by in exercise of a power, day of virtue of the said will of the said X. Y., and the said Purchase money out of funds in court, when paid. (b) When a purchase is made out of funds in the Court of Chancery the Court does not usually direct the payment of the purchase money until the conveyance has been executed. Of course, this practice renders it necessary to make a special stipulation beforehand with the vendor; and such a stipulation had been made in the case from which the Precedent in the text is taken. The purchaser should take care that proper receipts for the money are subsequently indorsed and signed on the deed. PRECEDENT ENFRANCHISE- 13.-appoint by way of enfranchisement, of the said hereditaments, the entirety whereof is intended to be hereby enfranchised, doth by this present deed direct, limit, and appoint, and also (by way of further assurance) grant, enfranchise, and confirm; And the said C. D. and E. F. so far as relates to the fee simple at common law of the other undivided moiety of the said hereditaments, and for the purpose of making an enfranchisement of such undivided moiety with the consent of the said G. H. testified in writing by his being a party to and executing these presents), do by this present deed dispose of and appoint (c) [Parcels], being 14.-parcels, (c) The power under which the enfranchisement in the text was made was created by a very meagre form, and did not point out the mode of enfranchisement. The modern form of power defines the manner in which the operation is to be performed, namely, by revoking the uses of the settlement of the manor and appointing the tenement to the copyholder, either with or without the commons and commonable rights. See such forms ante, Vol. i., pp. 333 and 380. Where the power has been given in such a form, the enfranchisement should be effected in the manner shown below; and in cases in which great brevity is desired, the recital of the settlement may be omitted, the reference to the power being contained in the witnessing part, as in Precedent III., p. 212, supra, and the deed of enfranchisement being, as a matter of precaution, executed in the presence of, and attested by, two witnesses-a mode of execution made by the 22 & 23 Vict. c. 35, s. 12, sufficient for the exercise of any power, whatever formalities may have been required at its creation: NOW THIS INDENTURE WITNESSETH, that, Witnesseth: in pursuance of the said agreement, and in consideration consideration, of the sum of £- , upon the execution of these pre sents paid by the said G. H. to the said A. B. and C. D. with the consent of the said E. F. (the receipt of which receipt, said sum of £ the said A. B. and C. D. hereby chisement. acknowledge), They the said A. B. and C. D., in exercise revocation of old of the said power for this purpose contained in the and appointment hereinbefore recited indenture, and of every other power way of enfranenabling them in this behalf, and with the consent of the said E. F. (testified by his being a party to and executing these presents) do by this present deed absolutely revoke |