lands, tenemts, or hds wch are comprd or descd in the sd schdle hto, but are not comprd in the description hinbfe contd].

modern

XV. ALL THOSE, &c., modern description, wch premes were Lands, formerly pt & pcel of lands called, &c. [were formerly descd & connecting conveyed by the description follg, namely, &c., or, "by the with old descripsevl names, & as in the tenure or occupon of the sevl psons, & tion. as contg the sevl quantities mentd & set forth in the schdle, &c."].

XVI. ALL & SINGR the

hds & premes by the hinbfe Freeholds

recited [within written] indre of, &c., grted or orwise by refer

assured.

ence.

XVII. ALL & SINGR the hds & premes comprd in or Leaseholds demised by the hinbfe recited [within written] indre of lease

of, &c. (d).

by refer ence to lease.

XVIII. ALL & SINGR the pces of land, mines, minls, powers, The same. & privileges & all other the hds & premes comprd in & Mining demised & grted resply by the hinbfe recited indre of, &c.

lease.

freeholds and copyholds intermixed. Undivided

XIX. ALL SUCH, & so many, & such pts & pt of the sevl pces Where of land, messes, or tenemts & hds hinafter descd, as are of freehd [copyhd] tenure (that is to say), all that, &c. xx. All that undivided moiety, or eql half pt or share, or, "eql undivided pt or share" [& all other the share, este, & intt, if any, of him, the sd A.] of & in all those realty. messes, &c.

XXI. ALL THAT the remr or reversion in fee simple of the sd A., expectant & to take effect in posson upon the dece & failure of issue of the body of the sd B., of & in all that eql undivided pt or share of & in all that the one undivided moiety, &c., late of the sd testor X., deced, (being equivalent to one eql pt of the entirety,) of & in all

that, &c.

share of

Reversion vided share

of undi

of a share of realty.

XXII. ALL that fee farm rent or perpetual yrly rent-chge Rent

(d) For a plan, say, "wch premes for greater clearness, & not so as to restrict or enlarge the description hinbfe contd, are delineated on the plan in the margin hrof, & thrin coloured, &c." For several leases, say, "the respive hinbfe recited indres of lease of, &c."

charge.

Coal mines without surface.

Fixed

&c.

of £chged upon & issuing out of the pces or plots of land delineated in the plan drawn in the margin of these psnts & thron coloured, or, edged —, & all future paymts of the sd rent-chge, togr with all powers & remedies for recovery of the sd rent-chge, & the full benefit of all covts, condons, & provons contd in the sd indre of, &c., for securg the same.

XXIII. ALL the mines, veins, or seams of coal & cannel in or under all those lands, &c., togr with the full rt & power of makg, sinkg, maintaing, & using all such pits, shafts, drifts, levels, drains, watercourses, & reservoirs, & of constructg, erectg, maintaing, & using all such spoil banks, railroads, tramroads, & other roads, bridges, culverts, bldgs, works, engines, machy, & convenices whatsr, & of doing all such things in, under, upon, through, or over the same lands or any pt thof as may be necy or convenient for searchg for, workg, gettg, dressg, preparg, carryg away & disposg of the same mines or seams, & the coal to be gotten thfrom, makg from time to time nevs to the sd, vendor, his hrs & assns, & his & their lessees & tenants, reasble compenson for all damage thby done or occasd to the sd lands, or any bldgs thron (a).

XXIV. TOGR with all machy, steam & other engines, mills, machinery, factories, workshops, sheds, bldgs, rlys, tramways, turn-tables, erons, fixtures, & works affixed or attached to the soil or freehd of the sd hds & premes hinbfe assured.

Advowson.

Next presentation.

Tithes.

XXV. ALL THAT the advowson, donation, & next & perpetual rt of presenton of & to the rectory [vicarage] of the parish church of & the rts & appurts thto

belongg.

in the coy of

XXVI. ALL THAT the rt of presenton to the rectory [vicarage] of the parish church of in the of coy for the next avoidce of the same only.

XXVII. ALL & all mner of tithes of corn, grain, & hay, & all other tithes whatsr, both great & small, & peels & portions thof, & all moduses & rent-chges in lieu or commuton of tithes issuing or payable out of or in respt of the lands & hds situate, &c., descd in the schdle hrunder written.

(a) See also the forms of reservations of minerals, pp. 386 et seq.

XXVIII. TOGR also with full rt & liberty for the sd, pchaser, his hrs [exs, ads,] & assns, the owners & occupiers of the sd messe & hds, &c., [in common with the sd A., his hrs & assns, & the owners & occupiers for the time being of the other houses situate, &c., or, "with all other psons who have or may hrafter have the like rt,"] at all times hrafter, by day or by night, & for all pposes, with or witht horses, carts, carriages, or waggons, laden or unladen, to go, pass, & repass, & to drive cattle, sheep, & other animals along, over, & upon the sd street or road, called, &c., or, "leadg from to

-," [delineated on the sd plan & thrin coloured red], [the sd, pchaser, his hrs [exs, ads,] & assns, from time to time payg his or their due proportion with such other owners or occupiers as afsd [accdg to the extent of his or their frontage] of the expse of maintaing the sd street or road & the fences adjoing the same in pper repair, until the same shl be adopted by the parish or local authority].

XXIX. TOGR also with the rt for the sd, pchaser, his hrs [exs, ads,] & assns, the owners & occupiers of the sd messe & hds, known as, &c., at all times hrafter, but on foot only [& betn o'clock in the forenoon & o'clock in the afternoon only], or, " & for all pposes connected with the use & occupon of the sd messe & hds or any messe hrafter erected on the site thof as a private residce, but not further or orwise, with or witht horses or other animals, carts, carriages, or waggons, laden or unladen," to go & return along & over the private road or way leadg from the sd messe & hds to [marked

on the sd plan] [the sd pchaser, his hrs, &c., at his or their expse, keepg the sd road or way & the fences & gates thof at all times in good repair & condon].

XXX. TOGR with full & free rt & liberty for the sd C., his hrs & assns, at all reasble times hrafter, to pass & repass, with or witht horses & carts, for the ppose of carryg timber & other wood & stone from the sd lands & premes hby assured over the other lands belongg to the sd, vendor, situate, &c., or as the case may be, but for no other ppose, doing thby no unnecy damage & makg compenson for all

(b) As to the effect of a grant of the "exclusive use of a way, see Reilly v. Booth, 44 Ch. D. 12.

Right of

way (b).

The same, to a private dwelling

house only.

The same, purpose. for special

The same, for watering cattle.

Right to use roads

and drains

on building

estate.

Short form.

Rights of light (a).

Benefit of cov nant of indemnity against death

damage thby done or occasioned to such other land or the timber or other trees, underwood, or crops thron.

XXXI. TOGR with full, &c., at all times hrafter to pass & repass with cattle & other animals from the lands hby assured along the roadway marked on the sd plan to the river for the ppose of waterg such cattle & other animals at the point marked on such plan.

XXXII. TOGR with the rt at all times hrafter [in common, &c., as in form XXVIII., or "in common as afsd,"] to use the sd roads or intd roads known as, &c., or, "all common roads made or to be made on the sd este," & all sewers, drains, & water-courses now or hrafter made or passg under or along any of the sd roads.

XXXIII. TOGR with the perpetual use of such windows as the sd B., his hrs or assns, shl at any time deem expedient to open in any bldgs to be erected on the sd land hby conveyed, in the front or west side of such bldgs, & the rt to the unimpeded access of light & air to all such windows.

XXXIV. TOGR with the benefit of the covt of the sd X. contd in the sd indre, &c., for paymt of the duties [or succession duty] wch will become payable on the death of the sd Y., as hinbfe mentd, & the rt to be indemnified by the sd X., his tered into hrs, exs, & ads in respt of the liability to such duty psuant to by a previous vendor. the sd covt.

duties en

Benefit of restrictive covenants

(b).

XXXV. TOGR with the condons contd in the sd or user of the pces of land thby assured [with power in the name of the sd, vendor, but at the sole risk, cost, & expse of the sd, pchaser, his hrs & assns, to sue upon or enforce the pformce & observce of the sd covts, restrons, & condons, or any of them].

benefit of the covts, restrons, & indre of, &c., restrictive of bldg on

(a) It will be seen that this easement is more extensive than an easement of "ancient" lights, and might prove very onerous.

(b) As to the right of a purchaser of one of several plots laid out for building to the benefit of the restrictive covenants entered into by the purchasers of the other plots, see above, p. 286. That the benefit of restrictive covenants should be expressly conveyed, see Renals v. Cowlishaw, 9 Ch. D. 125, 11 Ch. D. 866; Tucker v. Vowles, [1893] 1 Ch. 195. As to meaning of assns of the vendor in a restrictive covenant, Everett v. Remington, [1892] 3 Ch. 148; Haynes v. King, [1893] 3 Ch. 440.

66

against

XXXVI. OR by whatsr other name or names, quantities Clause (whether more or less), qualities, descriptions, or other providing parlars, the sd sevl manors, advowson, capital & other errors in description messes, farms, lands, cottages, rents, tithes, hds, & premes in schedule. hinbfe in the 1st, 2nd, & 3rd pts of this schdle descd, or any of them, or any pt or pts thof resply are, or is, or has been at any time htofore called, known, tenanted, distinguished, or descd, & notwg any mistake, omission, or misrecital of the numbers, referces, quantities, qualities, acreages, tenants' names, or other parlars or description hinbfe contd.

PERSONAL ESTATE.

assurance.

I. ALL THAT poly of assurce on the life of the sd A., effected Policy of in the Assurce Socy, in the name of the sd A., dated, &c., nod., &c., for the sum of £—, & under the annl prem & the sd sum of £- assured thby, & all bonuses, addons, & moys to become payable under the sd poly, & the full benefit thof.

of £

II. ALL THOSE sevl pols of assurce on the lives of the sd K. Several policies & L. resply, the parlars whof, showg the offices in wch & the described psons in whose names the same resply were effected, & the in schedule (c). sums assured thby, & the dates & nos thof, & prems payable in respt of the same, are contd in the schdle hto, & all moys assured by or to become payable under such respive pols.

III. ALL THAT the hinbfe recited bond, or, "ALL THAT bond Bond debt. dated, &c., under the hand & seal of the sd A., whby the sd A. became bound to the sd B. in the penal sum of £conditioned for the paymt, &c.," & the ppal moy & intt now due & henceforth to become due for the same, & the full benefit & advantage thof.

IV. ALL THE este & intt of him the sd, vendor, under the hinbfe recited indre of settlemt [will] durg his life in the stks, funds, & secs or "ppty" specified in the schdle hto, or wch may hrafter represent or be substituted for the same, or any pt thof, & in the intt, divds, & annl produce thof resply.

V. ALL THAT the share, este, & intt of him the sd, vendor, under the hinbfe recited indre of settlemt [will] expectant &

(c) The policies may be conveniently described in a schedule arranged in columns, giving the particulars here indicated.

Life

interest in personalty.

Reversionary interest

in person

alty.

K.E.-VOL. I.

C C