III.

CONVEYANCE of FREEHOLDS by APPOINTMENT only under PREC. III. a power to a purchaser in FEE (a). VARIATION where

RECITALS are OMITTED (b).

PARTIES, A., vendor, 1; B., pchaser, 2.

Recite convce to such

Contract for sale,
NOW THIS INDRE

uses as A. shl appt, settg out the power fully. p. 370. [Recital as to munimts, p. 374.] WITNETH that in psuance of the sd recited agrmt, & in conson, &c. (the rect, &c.), see Precedent I., the sd A., as benefl owner, in exercise of the power given to him by the hinbfe recited indre, & of every other power enablg him in this behalf, doth hby appt that, ALL, &c., pcels, p. 377 et seq. (c), Appointshl, subjt, &c., to leases & tenancies, henceforth be & remain TO THE USE of the sd B., his hrs & assns. [Acknowemt & undertakg by A., as to munimts, p. 418]. IN WITS, &c. (d).

ment.

IV.

CONVEYANCE of FREEHOLDS by APPOINTMENT under a
power and by GRANT. VARIATION where RECITALS are
OMITTED, and where the conveyance is to USES.

PREC. IV.

PARTIES, A., vendor, 1; B., pehaser, 2. Recite convce to uses to bar dower in favour of A., p. 350. Contract for sale, p. 370. NOW THIS INDRE WITNETH that in psuance of the sd Witnes

(a) This is for a case where the vendor has no estate in default of appointment or otherwise. The vendor is sometimes made to convey by grant as well as appointment, in case he should by any means have acquired an estate as well as a power; and where the conveyance is to uses, and an acknowledgment as to muniments is required, that mode should be adopted; see p. 414, note. For the form see the next precedent, and note thereto.

(b) Recitals might be omitted, the reference in that case to the deed creating the power being to "an indre, dated &c., & made, &c."

(c) The enactment in the Conv. Act, 1881, s. 63, making a conveyance include, "all the estate," &c., of the vendor, applies to appointments; see p. 391, note.

(d) As to the mode of executing a deed exercising a power, where special formalities are required by the power, see p. 73, note.

seth.

PREO. IV.

Appoint

ment.

Grant.

Habendum.

As to implied covenants

in conveyance to uses.

Seisin.

Variation

for con

veyance to uses.

recited agrmt & in conson, &c. (the rect, &c.), see Precedent I., the sd A., as benefl owner (a), in exercise of the power given to him by the hinbfe recited indre (b) & of every other power enablg him in this behalf, doth hby appt (c), & by virtue of his este & intt, & by way of further assurce, doth hby grt & confirm unto the sd B., pcels, p. 377 et seq., TO HOLD the same premes UNTO & TO THE USE of the sd B., his hrs & assns, subjt, &c., to leases & tenancies. [Acknowemt & undertakg by A. as to munimts, p. 418.] IN WITS, &c.

(a) See pp. 401 and 431, note. This precedent is adapted to the case (now seldom occurring) of the vendor being entitled to the old uses to bar dower. Where the conveyance is to uses (see the next note), and the vendor appoints as well as grants as beneficial owner, the implied covenants created by the grant will be with the grantee, and the benefit of the covenants will go with the estate through him to the cestuis que use; but as the appointment is made direct to the uses without the medium of the grantee, the covenants implied by the appointment will be with the cestuis que use direct. The express covenants if inserted would be with the grantee to uses.

(b) If recitals are omitted, say, an indre dated, &c., & made, &c."

(c) If the conveyance is to any uses less simple than to the purchaser in fee, the appointment and grant must be by separate clauses in order that the seisin may not remain in the grantee to uses, the deed running from this point as follows:

"That all & singr the hds hinafter descd & hby grted, shl (subjt as hinafter mentd) henceforth remain & be to the uses, upon the trusts, & subjt to the powers & provons hinafter decld & contd concerng the same: AND THIS INDRE ALSO WITNETH, that in further psuance of the sd agrmt, & for the conson afsd, the sd A., as benefl owner, doth hby grt & confirm unto the sd B., pcels, TO HOLD the same premes unto the sd B. & his hrs, subjt, &c., to tenancies, to the uses, upon the trusts, & subjt to the powers & provons hinafter decld & contd, that is to say, &c."

As to the insertion of the statutory acknowledgment as to muniments in an appointment direct to uses, see p. 414, note.

V.

COVENANT to SURRENDER COPYHOLDS on a Sale (d).
VARIATIONS where the Copyholds are held of SEVERAL
MANORS (e).

PREC. V.

PARTIES, A., vendor, 1; B., pehaser, 2. WHAS the sd A. is seised for an unincumbered este of inhance to him & his hrs Recitals. of the hds [first] hinafter descd & covted to be surrendered,

in the coy of

seth.

at the will of the lord, accdg to the custom of the manor of [& of the hds 2ndly, &c.] & has agrd with the sd B. for the sale of the sd hds & premes to him for the sum of £—. [Recital as to munimts, p. 374.] NOW WitnesTHIS INDRE WITNETH that in psuance, &c., & in conson, &c. (the rect, &c.), see Precedent I., the sd A., as benefi owner (f), doth hby covt with the sd B., his hrs & assns, that he, the sd A., or his hrs & all other necy pties, if any, will Covenant forthwith, at the cost of the sd B., his hrs or assns, surrender into the hands of the lord of the sd manor of -, in the coy of, accdg to the custom thof [into the hands of the lords. of the respive manors, of wch the same are resply holden as hinbfe is recited, accdg to the customs thof resply], pcels, p. 377 et seq. (g), to wch sd hds the sd A. was admitted out of ct, or, "at a ct holden for the sd manor," on the day of

(d) As to enfranchisement, see the Copyhold Act, 1894 (57 & 58 Vict. c. 46). As to splitting admittances, see Johnstone v. Spencer, 30 Ch. D. 581. As to Searches, see ante, p. 428, note (d).

to surrender.

As to covenants for title and pro

(e) Sometimes the deed containing the covenants for title and production of muniments follows the surrender instead of preceding it as above, in which case a recital of the surrender would be substituted for the covenant to surrender; but as the latter plan has no practical advantage over the duction on former, and the statutory covenants for title could not in the latter case be covenant to implied (see pp. 400 and 401), a form of such a deed is not given. Recitals surrender. might be dispensed with, the variations in the operative part for that case being sufficiently obvious.

(f) See above, p. 427, note (ƒ); and as to implying the statutory covenants for title in the case of copyholds, see pp. 400 and 401.

(g) The enactments in the Conv. Act, 1881, ss. 6 and 63, implying the Omission general words and estate clause in conveyances, apply, by the express of general definition of " 'conveyance" in s. 2, to covenants to surrender copyholds; words and and as the word "conveyance" in the Act, though by s. 2 it includes all clause. kinds of conveyances by deed, is not confined to them, those enactments also apply to surrenders.

estate

K.E.-VOL. I.

F F

PREC. V.

To use of

on the surrender of X., or, " as the hr of Y., deced," To THE USE of the sd B., his hrs & assns for ever, to be holden of the purchaser. lord of the sd manor [lords of the respive manors of wch the same are resply holden] accdg to the custom thof [resply], by & under the rents, fines, heriots, suits, & services due & of rt Declaration accustomed for the same: AND THE sd A. doth hby declare that in the meantime & until the sd hds & premes shl have been surrendered psuant to the covt hinbfe contd, he, the sd A., & his hrs (a) will stand seised thof in trust for the sd B., his hrs & assns. [Acknmt & undertakg as to munimts p. 418.] IN WITS, &c. (b).

of trust until surrender.

VI.

SURRENDER of COPYHOLDS to a Purchaser. VARIATIONS where the Vendor's WIFE joins, and for a conveyance to two Purchasers as JOINT TENANTS or TENANTS IN COMMON.

BE IT REMEMBERED that on the day above-mentd, A., of, &c., a copyhd tenant of the sd manor, [& B. his wife,] came bfe me, X., [deputy] steward of the sd manor, & [she, the sd B., havg been by me, the sd [deputy] steward, first examined septely & apart from her sd husbd, touchg her free & voluntary consent to the makg & passg the surrender

(a) A trust estate in copyholds to which the trustee has been admitted vests in the customary heir or devisee, and not in the personal representa tives, s. 30 of the Conv. Act, 1881, having been repealed as to that case by the Copyhold Act, 1894, repealing, and by s. 88 re-enacting, the Copyhold Act, 1887, s. 45. In Re Mills' Trusts, 37 Ch. D. 312 (re-argued, W. N., 1888, p. 155), it was held that if a sole trustee of copyholds had died between 31st December, 1881, and 16th September, 1887, the Copyhold Act, which was passed on the latter date, divested all trust estates from the personal representatives and vested them in the customary heir or devisee, subject to any disposition made by the personal representatives in the interim.

(b) The stamp will be on the surrender; see the Stamp Act, 1891, ss. 61, 65.

PREC. VI.

hinafter contd & freely & voluntarily consentg thto as by law required,] did out of Ct, & in conson of the sum of £ to the sd A. pd by C., of, &c., [& D., of, &c.,] (the rect whof is hby acknowed), surrender out of his [their & each of their] Surrender. hands into the hands of the lord of the sd manor by the hands & acceptce of me, the sd [deputy] steward, by the rod accdg

purchaser.

to the custom of the sd manor, peels, To THE USE of the sd C., To use of his [C. & D., their] hrs & assns for ever [as tenants in common in eql shares], at the will of the lord accdg to the custom of the sd manor, by & under the rents, fines, heriots, suits & services, due & of rt accustomed for the same.

Taken [togr with the septe

examinon of the sd B.,] the

day & yr first above written X., [Deputy] Steward. by me.

Rect. for Conson Moy (c).

A.

B.

VII.

ASSIGNMENT of LEASEHOLDS by the Lessee or Assignee PREC. VII. of the Lease to a Purchaser. VARIATION where Lessor's

LICENCE is required.

PARTIES, A., vendor, 1; B., pchaser, 2. WHAS by an indre of Recitals. lease dated, &c., & made, &c., pels in full, with the appurts thof Lease. were demised unto the sd A. [X.], his exs, ads, & assns, from the

day of, for the term of yrs, subjt to the paymt of the rent thby reserved, & the pformce & observce of the covts on the pt of the lessee & condons thrin contd [assumt of lease, p. 358, form xxXVIII., or devolon of title, p. 359, form XL.] (d) :

(c) Sections 54 and 55 of the Conv. Act, 1881, only apply to deeds. (d) As to Searches, see ante, p. 428, note (d). If the licence of the lessor is required to the assignment, the clause in the lease requiring his licence to an assignment will be recited. As to clauses of this nature, see the Conv. Act, 1892 (55 & 56 Vict. c. 13), s. 3, which prohibits the taking of a fine for the licence. As to forfeiture on an assignment without licence, see Barrow v. Isaacs, [1891] 1 Q. B. 417. If the licence of the lessor is required,