Page images
PDF
EPUB

LANDS.

Governors (ë), have granted, bargained, sold, and conveyed, OF CHARITY and do by this present deed of bargain and sale, in two – parts or duplicates, both of them under the common seal of the said Governors, such seal being affixed in the presence of the two credible persons whose names are, or are intended to be, upon both parts of these presents respectively indorsed, as attesting witnesses to the execution of both the said parts by the said Governors (Ic), grant, bargain, sell, and convey, unto the said A. B. and his heirs, ALL THAT &c., (parcels-general words]: TO HAVE AND Parcels. TO HOLD the said pieces or parcels of land and heredita- Habendum. ments, and all and singular other the premises herein before bargained and sold, or expressed and intended so to be, unto and to the use of the said A. B., his heirs and assigns for ever, in lieu of and in exchange for the piece or parcel of land and other hereditaments hereinafter by the said A. B. and C. D. granted, bargained, sold, and conveyed in exchange, or expressed and intended so to be, unto the said Governors and their successors: AND THE SAID GOVER- Covenants by

the charity NORS of &c. (full title] do hereby, for themselves and their successors, covenant with the said A. B., his heirs and assigns, by these presents, in manner following ; (that is to say), That, for and notwithstanding any act, deed, -for title. matter, or thing whatsoever, by them the said Governors, or any of their predecessors, made, done, committed, executed, or knowingly or willingly suffered to the contrary, they the said Governors, at the time of the sealing and delivering of these presents, are lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to, the said pieces or parcels of land and other hereditaments and premises hereinbefore granted, bargained, sold, and conveyed in exchange, or expressed and intended so to be, and every part thereof, for a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any manner of condition, use, trust, property,

(i) The bishop's approbation is to be signified in this manner. (See the 4th section of the act).

(k) This is required by the 4th section.

LANDS.

OF CHARITY power of revocation, equity of redemption, remainder, or

limitation of any use or uses, or any other restraint, cause,

matter, or thing whatsoever, to alter, change, charge, de—for right to feat, incumber; revoke, or make void the same: AND THAT, convey ;

for and notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, they the said Governors now have in themselves good right, full power, and lawful and absolute authority to grant, bargain, sell, and convey in exchange the said pieces or parcels of land and other hereditaments and premises hereinbefore granted, bargained, sold, and conveyed in exchange, or expressed and intended so to be, unto and to the use of the said A. B., his heirs

and assigns, in manner aforesaid, according to the true --for quiet en intent and meaning of these presents : And that it shall joyment;

be lawful for the said A. B., his heirs and assigns, from time to time and at all times hereafter, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said pieces or parcels of land and other hereditaments and premises hereinbefore granted, bargained, sold, and conveyed in exchange, or expressed and intended so to be, and to have, receive, and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by them the said Governors or their successors, or of or by any other person or persons lawfully or equitably claiming or to claim

by, from, or under or in trust for them or their predeces-free from in. sors: AND THAT (1) free and clear, and freely and clearly cumbrances

and absolutely acquitted, exonerated, released, and for ever discharged or otherwise, by the said Governors and their successors, well and sufficiently saved, defended, kept harm

Form of the conveyance by the charity."

(1) The 1st section enables a charity to convey in exchange “ to any person or persons, body politic or corporate, and to his, her, or their heirs, successors, or assigns, or otherwise, as he, she, or they shall direct or appoint;" but the 4th section empowers the charity to convey “ to the person or persons, bodies politic or corporate, to whom the same shall be directed to be conveyed.” The employment, too, of a bargain and sale enrolled precludes the declaration of any uses, as the use vests immediately in the bargainee.

LANDS.

less, and indemnified, of, from, and against all and all OF CHARITY manner of former and other gifts, grants, bargains, sales, – estates, titles, troubles, charges, debts, and incumbrances whatsoever, already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered, by the said Governors or their successors, or any of them, or by any person or persons lawfully or equitably claiming or to claim by, from, or under or in trust for them or their predecessors : AND FURTHER, that they —and for fur. the said Governors shall and will, from time to time and

and from time to time and ther assurance ; at all times hereafter, upon every reasonable request to be made for that purpose, by and at the proper costs and charges in the law of the said A. B., his heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, devices, bargains, sales, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely conveying in exchange the said pieces or parcels of land, hereditaments, and premises, hereinbefore by them the said Governors granted, bargained, sold, and conveyed in exchange, or expressed and intended so to be, unto and to the use of the said A. B., his heirs and assigns, as by the said A. B., his heirs or assigns, or his or their counsel in the law, shall be reasonably devised, or advised and required: AND THIS INDENTURE ALSO Witnesseth WITNESSETH, that, for effectuating the said exchange, Bargain and

further, and in consideration of the bargain and sale, and con- sale to the cha

rity. veyance in exchange hereinbefore contained, by and on the part of the said Governors, and in consideration of the sum of five shillings apiece, at or immediately before the sealing and delivery of these presents to the said A. B. and C. D. paid by the said Governors, (the receipt whereof is hereby acknowledged), he the said C. D., at the request and by the direction of the said A. B., (testified by his being a party to and executing these presents), hath bargained, sold, and conveyed, and doth by this present deed of bargain and sale, in two parts or duplicates, both of them sealed and delivered by the said C, D., in the presence of the two credible persons whose names are, or are intended to be, upon both parts of these presents respectively in

LANDS.

OF CHARITY dorsed, as attesting witnesses to the execution of both the

said parts by the said C. D. (m), bargain, sell, and convey, and the said A. B. hath granted, bargained, sold, and conveyed, and doth by this present deed of bargain and sale, in two parts or duplicates, both of them sealed and delivered by the said A. B., in the presence of the two credible persons whose names are, or are intended to be, upon both parts of these premises, respectively, indorsed as attesting witnesses to the execution of both the said parts by the said A. B. (m), grant, bargain, sell, and convey unto the

said Governors of &c., [ full title), and their successors, Parcels. ALL THAT &c. [parcels-general words]: TO HAVE AND Habendum. TO HOLD the said piece or parcel of land, messuages, build

ings, and hereditaments, and all and singular other the premises lastly hereinbefore bargained, sold, and conveyed in exchange, or expressed and intended so to be, unto and to the use of the said Governors of &c., [ full title), and their successors for ever, in lieu of and in exchange for the said pieces or parcels of land and other hereditaments and premises hereinbefore by the said Governors granted, bargained, sold, and conveyed in exchange, or expressed and

intended so to be, unto and to the use of the said A. B., his Covenants for heirs and assigns: AND THE SAID C. D. doth hereby for title with the charity.

himself, his heirs, executors, and administrators, covenant with the said Governors of &c., [full title], their successors and assigns, that &c. [covenant by C. D. against incumbrances, as to “the hereditaments and premises lastly herein before bargained, sold, and conveyed in exchange,” ante, Vol. 3, p. 249]: AND THE SAID A. B. doth &c., (covenants

for right to convey-for quiet enjoyment-free from incumIn witness, &c. brancesfor further assurance, supra, p. 282]: IN WITNESS

whereof, the said Governors of &c. (full title] have hereunto, and also to the other part or duplicate hereof, of the same tenor and date with these presents, set their common seal, and the said several other parties hereto have hereunto, and also to such other part or duplicate hereof as aforesaid, set their hands and seals, the day and year first above written (m).

(m) See the 4th section.

OP CHARITY

LANDS.

MEMORANDA AND INDORSEMENTS (n).

MEMORANDUM on the Margin of each Part or

Duplicate. This Deed, and another part or duplicate thereof, simi- Memorandum larly attested by me, were severally acknowledged for the me

ledood en the of acknowledg. purpose of enrolment by A. B., one of the grantors therein named, this — day of — (i).

Before me,
[Signature of a Master Extraordinary in Chancery].

ment,

INDORSEMENTS on each Part or Duplicate. The within-written Deed, and another part or duplicate Attestation of

U icond execution by thereof, similarly attested by us, were severally signed, e sealed, and delivered by the within-named A. B. and C.D., party. in our presence, [signatures and addresses of two witnesses].

the bi

The within-written Deed, and another part or duplicate Attestation of thereof, were severally signed by the within-named

the within momodi

execution by Lord Bishop of , and sealed with his episcopal seal in our presence, before the execution thereof, or of either of them, by the within-named Governors of &c., (full title], [signatures and addresses of two witnesses).

The within-written Deed, and another part or duplicate Attestation of,

execution by thereof, were severally sealed with the common seal of the the

(n) The following memoranda and indorsements are prescribed by the 4th section of the statute.

(0) There must be a similar memorandum of the acknowledgment by C. D.

« PreviousContinue »