ALWAYS, and it is hereby agreed and declared between and PRECEDENT XLVI. CAPITULAR LEASE FOR YEARS day of CHURCH ESTATES COMMISSIONERS. that the whole remain payable last be and continue during the residue of the said term of twenty-one years, by the same indenture expressed rent reserved by to be granted as aforesaid, payable wholly and exclusively the lease shall out of such of the said premises by the same indenture out of unsold expressed to be demised, as are not herein before expressed premises. to be hereby surrendered, and that the power of re-entry, and all other powers, rights, and remedies in the same indenture contained or exercisable in respect of the said demised premises, shall and may henceforth be exercisable and exercised by the said Dean and Chapter and their successors over and in respect of such of the said premises expressed to be demised by the hereinbefore recited indenture, as are not herein before expressed to be hereby surrendered, as fully and effectually, to all intents and purposes, as if such of the said demised premises as are not herein before expressed to be hereby surrendered had alone been originally demised by the herein before recited indenture: [Add covenant by A. B., C. D., and E. F. with the Dean and Chapter, their successors and assigns, against incumbrances, supra, p. 269, and ante, Vol. I., p. 404]. IN WITNESS, &c. THE SCHEDULE above referred to. VOL. II. C C PRECEDENT LEASE FOR LIVES OF COPYHOLDS PURCHASED PY XLVII. MEMORANDUM of a SURRENDER of a CAPITULAR CHURCH ESTATES MANOR COMMISSIONERS. 1. Recites title of trustees of a will to the lease; of E., in the County of S. the day of WHEREAS A. B., of, &c., and C. D., of, &c., as trustees under the will of the late E. F., dated, &c., and proved in the court of -, on, &c., are by virtue of several grants, made according to the custom of this manor, proprietors (a), according to the custom of this manor, of the hereditaments described in the schedule hereunder written, and delineated in the plan drawn in the margin of these presents and therein coloured —, for the lives of the several persons whose names and ages are respectively set opposite to such lands, tenements, and hereditaments, respectively, in the said schedule (b), and are bound in pursuance of the same will to sell and dispose of the same hereditaments, either by public (a) In many manors the cestuis que vie are the tenants on the court rolls, but the persons beneficially interested in the leases (who are termed the Proprietors or Purchasers of the tenement), surrender and deal with the tenement as if they were the actual tenants. The validity of the custom has been questioned but not litigated, and has often been incidentally noticed by the Courts without any intimation of a doubt as to its validity. For instances of the validity of a custom that where a copyhold is granted for three lives, the first life may bar the other two, see Roe v. Somerset, 2 W. Bl. 694; Prankerd v. Prankerd, 1 S. & St. 1; Salisbury v. Hurd, 2 Cowp. 481; Dyer v. Dyer, 1 Wh. & Tud. L. C. E. 14; Phillips v. Ball, 6 C. B. Rep. 811. (b) If the lord seised in fee of a manor demises copyhold land otherwise than by custom, the right to regrant according to custom is for ever extinguished; but if a lessee of the manor demise contrary to custom, his right is extinguished only during the lease, and is revived by a new lease: Ex parte Lord Henley, 31 L. J. N. S. 54 Ch., S. C. 29 Beav. 311, and cases there cited. PRECEDENT XLVII. OF COPYHOLDS PURCHASED BY CHURCH ESTATES COMMISSIONERS. of Church auction or by private contract, and either together or in lots, and are empowered by the same will to sign and give a receipt for the purchase money thereof, which will LEASE FOR LIVES discharge the purchaser or purchasers paying the same from being answerable or accountable for the loss, misapplication, or non-application, or being in anywise bound or concerned to see to the application thereof; AND WHEREAS the [Dean and Chapter of -, giving their proper descriptions], with the approval of the Church Estates Commissioners, have agreed with the said A. B. 2. -agreement for purchase of and C. D., as such trustees as aforesaid, for the purchase, the lease by at the price of £, of the said scheduled heredita- the Dean and Chapter; ments, with their respective rights, easements, and appurtenances, for the lives of the several persons respectively, whose names and ages are respectively set opposite to such hereditaments respectively, in the said schedule, and for all other the estates and interests (if any) of them the said A. B. and C. D. in the same premises respectively; AND WHEREAS the said Church Estates Commis- 3.-directions sioners have directed that the assurance to the said Dean Estates Comand Chapter, upon the purchase aforesaid, shall be made missioners as by the surrender hereinafter mentioned to be made, and assurance. in the form and manner hereinafter appearing. NOW 4. Memorandum: BE IT REMEMBERED, that, in pursuance of the said agreement and direction, and in consideration of the consideration, sum of £ to the said A. B. and C. D., as such trustees as aforesaid, at the request of the said Dean and Chapter, this day of, paid by the said Church Estates Commissioners out of monies produced by the sale of lands formerly belonging to the said Dean and Chapter, which have been paid to the credit of the said Church Estates Commissioners, They the said A. B. and C. D., as proprietors for the lives of the several persons respectively whose names and ages are respectively set opposite the several tenements and hereditaments respectively particularised in the said schedule hereunder written, came before I. K., steward of the said manor, and surrendered into the hands of the lords of the said manor by the hands and acceptance of the said steward, to form of trustees have surrendered to lords of manor, PRECEDENT OF COPYHOLDS PURCHASED BY CHURCH ESTATES COMMISSIONERS. 5. -parcels, 6. to the in according to the custom of the said manor, ALL the estates and interests of them the said A. B. and C. D., LEASE FOR LIVES for the several lives aforesaid and otherwise howsoever, of and in the said several lands, tenements, and hereditaments, described or referred to in the said schedule hereunder written, and delineated in the said plan drawn on these presents and therein coloured the numbers in the first column of the said schedule referring to the same numbers in the said plan, and also to the same numbers in the apportionment of the tithe commutation rentcharge of the said parish of —, and which said several lands, tenements, and hereditaments were formerly described on the court rolls of the said manor as follows, that is to say [Parcels from Court Rolls-General Words]; TO THE INTENT that all the estates and interests of the said A. B. and C. D. in the said premises hereinbefore mentioned to be surrendered, and the copyhold tenure and quality of the same premises, may be abso lutely merged and extinguished in the freehold and inheritance thereof and of the said manor, and that the same premises may henceforth remain part of the demesne lands of the said Dean and Chapter of as lords of this manor, subject only to the provisions and restrictions expressed and contained in an Act of Parliament passed in the Session holden in the 14th and 15th years of the reign of Her present Majesty, intituled "An Act to facilitate the management and improvement of Episcopal and Capitular Estates in England" (c). tent that lease and copyhold tenure may merge in the freehold. (c) This memorandum should be entered on the rolls of the manor. See the next Precedent, which forms a part of the present assurance. XLVIII. RELEASE and CONFIRMATION by way of EXTINGUISH- PRECEDENT XLVIII. MANOR purchased by the CHURCH ESTATES COM- LEASE FOR LIVES OF COPYHOLDS PURCHASED BY CHURCH ESTATES COMMISSIONERS. 2. Recites title to and agree THIS INDENTURE, made, &c., between A. B., of, &c., and C. D., of, &c. [trustees of the will of the cestui qui 1. Parties. vie], of the first part; [the Church Estates Commissioners, supra, p. 376], of the second part; and the [Dean and Chapter of —, by their proper description], of the third part: WHEREAS the said Dean and Chapter are the lords of the manor of E., in the county of S. [Recital of title of A. B. and C. D. as trustees of a will, supra, p. 312]; AND WHEREAS, the said Dean and Chapter, with the approval of the said Church Estates ment for purCommissioners (testified by their being parties to and executing these presents), have agreed with the said A. B. and C. D. as such trustees as aforesaid, for the purchase, at the price of £, of the said tenements and hereditaments, described in the said schedule hereto, &c. [supra, p. 362]; AND WHEREAS the said Church Estates 3. -directions Commissioners have directed that the assurance to the said Dean and Chapter upon the purchase aforesaid shall assurance; be made by the surrender hereinafter recited and by these presents in the form and manner hereinafter appear chase of lease; of Commissioners as to form of surrender into the hands of ing; AND WHEREAS in pursuance of the said agreement 4. previous and direction, and in consideration of the sum of £to the said A. B. and C. D., as such trustees as aforesaid, the lords. this day paid by the said Church Estates Commissioners as hereinafter more particularly mentioned, the said A. B. and C. D. have this day, according to the custom (a) This Precedent and Precedent XLVII. form one assurance: the object of the present deed being to obtain a receipt for the purchase money and the usual covenants. |