PREC.
LXIX.

money to be paid to vendors jointly.

As to succession

duty. Witnesseth.

Appoint

ment.

Grant. Surface parcels.

Minerals.

Powers of working.

that the whole of the sd pchase-moy shl be pd to the sd A. & B. jtly, & upon their jt rect: AND WHAS the sd B. has agrd to enter into such covt for paymt of the succession duty [and este duty if any], wch will become payable on the death of the sd A. in respt of the premes hby assured, as is hinafter contd: NOW THIS INDRE WITNETH, that in psuance, &c., & in conson of the sum of £ now pd by the sd C. to the sd A. & B. (the rect, &c.), they the sd A. & B. as benefl owners, in exercise of every power or authority enablg them in this behalf under or by virtue of the sd indre of, &c., or any other convce or assurce subseqt thto, or any exception or reservon contd in any such convce or assurce or by any other means whatsr, do & each of them doth hby appt, & as & accdg to their sevl estes & intts, & by way of further assurce do & each of them doth hby grt & confirm unto the sd C., FIRST, ALL THOSE closes or pcels of land, messes, tenemts & hds situate, &c., parlarly descd in the first pt of the first schdle hto, & coloured

in the plan hto annexed, includg all mines & minls in, upon, or under the same lands & premes, AND SECONDLY, ALL THE Coal & ironstone, & other mines & minls whatsr, whether opened & in workg or not, wch under or by virtue of the exceptions or reservons contd in the respive convces or assurces mentd in the second pt of the first schdle hto or orwise the sd A. & B. or eir of them are or is entld to or have or has power to appt or dispose of, lying or being in or under the lands & hds situate, &c., wch are parlarly descd in such second pt of the sd first schdle, & are coloured in the sd map or plan, TOGR WITH all such liberties, powers, & authorities of enterg upon the sd lands descd in the second pt of the sd first schdle, & coloured in the sd map or plan, & searchg for, workg, gettg, dressg, & carrying away the sd coal, ironstone, & other mines & minls, & makg pits or shafts, & excavatg & drivg underground levels, passages, adits, & headways, laying down tramways, other ways & roads underground, & erectg bldgs, engines, pumps, machy, & works, & stackg or laying up the minls or refuse raised out of the sd premes, & makg roads or tramways over the surface of the sd lands or any other lands for workg, gettg, & carrying away the sd minls or orwise in relon thto, as under or by virtue of the sd respive convces or assurces mentd in the second pt of the sd first schdle hto or orwise, the

PREC.

LXIX.

sation.

words.

sd A. & B. or eir of them are or is entled to or have or has power to dispose of, BUT SUBJT to such liability as the sd A. & B. or eir of them are or is subjt to of makg compenson to the Subject to liability of surface owners or occupiers of the sd lands & premes descd in making the second pt of the sd first schdle, for any damage or injury compendone or caused by the exercise or use of any of the liberties & authorities afsd, TOGR WITH all way-leaves, water-courses, General rts, easemts, & appurts, held, used, occupied, or enjoyed in connon with any of the mines & minls hby assured, or for workg, obtaing, gettg, or carrying away such mines & mins or the produce thof or orwise in relon thto: Habendum to C. in fee, subjt to the leases or agrmts for leases mentd in the sd first schdle hto, p. 393: Provo restrictg liability of A. & B. under implied corts for title, p. 411; Covt by B. for paymt of succession duty [and este duty, if any], on death of A., p. 421; Acknmt & undertakg by A. as to munimts, p. 418, see p. 511, note.

[Schdle of pcels in two pts, the composon of wch is
indicated by the recitals.]

[Schdle of Munimts.]

IN

LXX.

GRANT of RIGHT of WAY.

PARTIES, A., grtor, 1; B. & C., grtees, 2.

PREC. LXX.

Recite the closg of Recitals. a lane passg through lands of A., under the Highway Act, 5 & 6 Will. IV. c. 50, ss. 84 to 92, as amended by the Local Government Act, 1894 (56 & 57 Vict. c. 73), ss. 6, 13, on the applicon of A., the land being bounded as to pt by a farm & lands vested in B. & C. as devisees in trust under the will of X.: AND WHAS Agreepreviously to the applicon for the sd order it was agrd by & betn the pties hto that the sd A., in conson of the sd B. & C. consentg to & not opposg such applicon, shd exte & enter into such grt & covt to & with them as trees of the will of the sd X., for securg a substituted rt of way over the lands of the sd A., & orwise, as are hinafter contd: NOW THIS INDRE Wit

ment.

nesseth.

K.E.-VOL. I.

P P

Grant. Right of way.

Covenant by grantor.

PREC. LXX. WITNETH that in psuance of such agrmt, & for the conson afsd, the sd A., as benefl owner, doth hby grt unto the sd B. & C. their hrs & assns (a), FULL & free rt & liberty at all times hrafter, continue as at p. 383, along, over, & upon a new road or lane made through the lands of the sd A., situate, &c., betn the points marked, &c., in the plan drawn in the margin hrof, & the bridge over the watercourse as shown in the sd plan, & being feet in length, & feet in width (b), AND the sd A. doth hby covt with the sd B. & C., their hrs & assns, that he the sd A., his hrs & assns, will at his or their own cost at all times hrafter, keep & maintain the sd new lane or road over wch a rt of way is hinbfe grted, includg the sd bridge over the water-course, in a pper state of repair & condon: PROVD ALWAYS that it shl be lful for the sd A., his hrs & assns, to place & keep gates at the points marked, &c., on the sd plan, he & they maintaing such gates in good repair & condon. IN WITS, &c.

Proviso.

(a) If the dominant tenement does not appear from the earlier part of deed, insert owners or owner of the dominant tenement."

66

(b) As to the importance of defining the way, see Deacon v. South Eastern Ry. Co., 61 L. T. 377; W. N. 1889, 79. The covenant in the text imposes a perpetual liability on A., and his representatives, which is most inconvenient. Sometimes the words following, " to the intent so far as the law will permit to bind the sd lands, & the pson or psons from time to time entled to or intted in the same, but not so as to incur any psonal liability except for his own acts," are inserted, but, as pointed out, ante, p. 285, the assignees of A. are not bound, and the restriction of the covenants to A.'s own acts may be a little hard on the grantees. Perhaps the medium course may be adopted of restricting the covenant as to time by saying, durg the period of yrs from the date of these psnts," instead of "at all times hrafter." The owner of the easement has a right to repair it: Elph. Introd., 123.

LXXI.

CONVEYANCE of an ADVOWSON.

VARIATIONS for con

PREC.

LXXI.

veyance of a NEXT PRESENTATION only, and where the
Vendor thereof is a TENANT for LIFE (c).

vendors.

PARTIES, A., vendor, 1; B., pchaser, 2. WHAs the sd A. Recitals. is seised of the advowson & perpetual rt of presenton of & Title of to the rectory & parish church of in the coy of for an este in fee simple in posson [for the term of his life under the limons of an indre of settlemt dated, &c., & made &c.]; AND WHAS the sd A. has agrd with the sd B. for the Agreement sale to him of the sd advowson, or perpetual rt of presenton for sale. [the first or next turn or rt of presenton, if A. be tenant for life, add "if the same shl become vacant during the life of the sd A."] for the sum of £; NOW THIS INDRE WitWITNETH, conson, (the rect, &c.) the sd A., as benef owner, doth hby grt unto the sd B., pcels, advowson, or Grant. next presenton, see p. 382; If the latter, & A. be tenant Advowson. for life add, wch durg the life of the sd A. shl first or next Next prehappen after the date of these psnts: Habendum, for sentation. advowson, "UNTO & TO THE USE of the sd B., his hrs & assns," for next presenton, "UNTO the sd B., his exs, ads, & assns." IN WITS, &c. (d).

(c) As to sales of advowsons and next presentations, see 2 Dav. Prec. pt. 1, 30, 37; 1 Dart, V. & P. 280; and the "Incumbents' Resignation Act, 1871," 2 Dav. Prec. pt. 1, 356; and as to the law of Simony, see Phillimore on Ecclesiastical Law; and see also the report of the Royal Commission on Ecclesiastical Benefices of 1880, and the evidence appended. As to advowsons belonging to municipal corporations, see the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), ss. 121, 122.

(d) It is sometimes agreed that the vendor shall pay interest to the purchaser till a vacancy; see Sweet v. Meredith, 3 Giff. 610; in that case the vendor was not the incumbent, but that distinction does not seem to be regarded in practice; see Evidence taken by the Royal Commission of 1880. This payment may be secured by a bond of the vendor, or by his covenant, "that he, the sd A., his hrs, exs, or ads, will, from the date of these psnts, & in the meantime, until the sd rectory & parish. church shl next become vacant [add, if thought necy, or if the psnt incumbent of the sd rectory & parish church shl be appted to a bishopric & the Crown shl thrupon psnt to the sd rectory & parish church, then until the sd rectory & parish

nesseth.

As to payment of interest till

vacancy.

PREC. LXXII.

As to sales of glebe lands.

Ecclesiastical Leasing Acts.

Glebe
Lands
Act, 1888.

As to convey.

ances to County Councils.

LXXII.

CONVEYANCE of GLEBE land by a RECTOR, with Consent of the PATRON and the ECCLESIASTICAL COMMISSIONERS under the Ecclesiastical Leasing Acts (a) to a COUNTY GRANT and RESERVATION of RIGHTS

COUNCIL (b).
of WAY.

PARTIES, A., "rector of the rectory & parish church of

in the coy of," 1; B., "patron of the sd rectory,'

church shl become vacant for the second time after the date of these psnts,] pay," &c.

Sometimes the purchase-money is invested in the names of trustees upon trusts for investment and payment of the income to the purchaser until the occurrence of a vacancy, and subject thereto in trust for the vendor.

(a) The conveyance in this case is made under the Acts which have the above misleading short title, namely, 5 & 6 Vict. c. 108 (1842); 21 & 22 Vict. c. 57 (1858); and 28 & 29 Vict. c. 57 (the latter relating only to sales for perpetual chief rents). The authority to sell is given by the Act of 1858, s. 1. As to the consents necessary, see the Act of 1842, s. 20 et seq., and the Act of 1858, s. 1. As to the payment of the purchase-money, see the Act of 1858, s. 2. The execution of the conveyance by the necessary consenting parties is conclusive that the Acts have been complied with, see the Act of 1842, s. 7. By the Act of 1858, s. 1, three months' notice was to be given to the bishop, but the Glebe Lands Act, 1888, s. 11, substitutes for this the notice prescribed by the rules under that Act; see Statutory Rules and Orders, 1892, tit. "Benefice." The Act of 1858, by s. 6 excepted out of its operation lands capable of being sold under 14 & 15 Vict. c, 104 (extended by 24 & 25 Vict. c. 105, s. 3, to rectors and vicars), i.e., lands subject to leases renewable under the old practice, but as that Act must be almost spent the exception is unimportant. See also the provisions in s. 3 of 24 & 25 Vict. c. 105, giving to incumbents all the powers of sale, &c., possessed by any Ecclesiastical Corporation under any Act in force.

The Glebe Lands Act, 1888 (51 & 52 Vict. c. 20), has created a new mode of procedure for the sale of glebe lands under the sanction of the Land Commissioners (now the Board of Agriculture) in lieu of the Ecclesiastical Commissioners, and with an enlarged range of investment for the purchasemoney; but by s. 11 the powers of sale under the Ecclesiastical Leasing Acts are kept alive; and by s. 5, the Act is not to apply to land subject to a lease for originally more than 21 years, or where the rent is less than two-thirds the full value. If the sale were made under that Act the Board of Agriculture would not be made parties, but the order of the Board sanctioning the sale would be recited.

(b) See the Local Government (England and Wales) Act, 1888 (51 & 52 Vict. c. 41), s. 65, giving power to acquire land, and incorporating the provisions of ss. 176, 177, and 178 of the Public Health Act, 1875; s. 79, sub-8. (1), as to the corporate name, and dispensing with a licence in