thereunto, with their and every of their appurtenances; And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of all and singular the messuage, lands, hereditaments, and premises hereinbefore granted and released, or expressed and intended so to be; And all the estate, right, title, interest, inheritance, use, trust, possession, property, possibility, claim, and demand whatsoever, both at law and in equity, of the said A. B., of, in, to, from, and out of the same premises, and every part and parcel thereof.

for houses.

LXVIII. And all outhouses, edifices, buildings, cellars, General words sollars, areas, courts, court yards, warehouses, pumps, cisterns, privies, sewers, gutters, drains, wydraughts, backsides, ways, paths, passages, lights, easements, waters, watercourses, liberties, privileges, profits, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever, to the said messuage and other hereditaments hereinbefore granted and released or expressed, and intended so to be, or any of them, belonging or in anywise appertaining, or accepted, reputed, deemed, taken, or known, held, used, occupied, or enjoyed as part, parcel, or member of the same, or any of them; And the reversion and reversions, remainder and remainders, yearly and other rents, issues, and profits of the said messuage and other hereditaments hereinbefore granted and released, or expressed and intended so to be; And all the estate, right, title, interest, inheritance, use, trust, possession, property, possibility, claim, and demand whatsoever, both at law and in equity, of the said A. B., of, in, to, from, or out of the same premises, and every part and parcel thereof.

LXIX. And all cellars, sollars, rooms, yards, areas, pumps, posts, and walls, fences, ways, passages, watercourses, lights, easements, profits, commodities, and appurtenances whatsoever to the said messuage or dwelling-house and premises belonging, or in anywise appertaining, and also the use of the fixtures, and other things which are mentioned and specified in the schedule or inventory thereof hereunder written.

I 2

General words

for messuages

in a lease.

All deeds. (In purchases).

In mortgages.

LXX. 1. And all deeds (a), evidences, and writings, touching or in anywise concerning the same premises, or any part thereof, alone or jointly with other hereditaments of less value, which they the said A. B. and C. D., or either of them, now have or hath in their or either of their custody or power, or can come at without suit at law or in equity; together with true and attested copies, upon proper stamps, of all such other deeds, evidences, and writings, as concern or relate to the same premises, or any part thereof, jointly, or together with any other lands or tenements of greater value; such copies as shall be required, before the execution of these presents, to be made and written out at the costs and charges of the said A. B. and C. D., their heirs or assigns, but all future copies to be made and taken at the costs and charges of the said E. F., his heirs or assigns (b).

2. And all deeds, evidences, and writings, touching or in anywise concerning the same premises, or any of them, either alone or jointly with other property of the said A. B., as are now in the custody, possession, or power of the said A. B., and which he can or may procure or obtain without suit at law or in equity (c).

(a) As to this clause, see Vol. I. book ii. chap. v.

(b) In a conveyance to uses say—

"At the costs and charges of the person or persons who for the time being shall be the owner or owners of or entitled to any estate or interest in the said lands and hereditaments under the uses hereinafter declared thereof."

(c) Vide Vol. I. book i. chap. iii. sect. 2, art. xx.

117

TITLE IV.

OF HABENDUMS.

in fee.

I. 1. To have and to hold (a) the said messuages or tene- In conveyance ments, lands, and hereditaments, and all and singular other the premises hereinbefore granted and released, or expressed and intended so to be (b), with their appurtenances, unto and to the use of the said A. B., his heirs and assigns, for

ever.

2. To have &c., unto the said A. B. and his heirs, to the To uses. uses, upon and for the trusts, intents, and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed and declared of or concerning the same. (Vide tit. USES).

3. To have &c., unto and to the use of the said A. B. Upon trusts. and C. D., their heirs and assigns, for ever; upon the trusts, and to and for the intents and purposes, and with, under, and subject to the powers, provisoes, agreements, and declarations hereinafter expressed and declared of or concerning the same. (Vide tit. TRUSTS).

II. To have and to hold the said ground, land, soil, and In exchange. hereditaments, and all and singular other the premises hereinbefore mentioned to be hereby released by the said A. B.,

(a) On the subject of this title see Vol. I. book ii. chap. vi.

(6) Mr. Butler observes, that the expressions "hereby released, or expressed or intended so to be," gave rise to an interesting controversy, well known among conveyancers, between Duane and Bradley, on the conveyance under Mr. Maire's will. Mr. Booth used the expression "granted and released, or expressed or intended so to be;" Mr. Fearne, "hereby granted and released, or expressed and intended so to be;" Mr. Sidebotham, "herein before mentioned to be hereby released;" and Mr. Bradley, "hereinbefore mentioned and intended to be hereby released."-Points in Conveyancing, p. 27.

In bargain and sale to an incor

porated company.

In demise.

In the grant of the office of steward.

In grant of annuity.

with their and every of their appurtenances, unto the said C. D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, for ever, In exchange for the messuage or tenement and hereditaments hereinafter mentioned to be hereby given, granted, and released by the said C. D., unto and to the use of the said A. B., his heirs and assigns, for ever.

III. To have and to hold the said messuage or tenement, hereditaments, and all and singular other the premises hereinbefore mentioned, and intended to be hereby bargained and sold, with their rights, members, and appurtenances, unto the said S. B. Company, their successors and assigns, for ever, for the purposes, and subject to the provisions and directions of the said Act of Parliament; Subject nevertheless to a lease granted thereof by the said A. B., by indenture bearing date the &c., to C. D., of &c., for a term of &c., from Lady-day then last, at the yearly rent of £—.

IV. To have and to hold the said water corn-mill, piece or parcel of land, and all and singular other the premises hereinbefore demised, or expressed and intended so to be, (except as hereinbefore is saved and reserved), with their appurtenances, unto the said C. D., his executors, administrators, and assigns, from the &c. now next ensuing, for and during and unto the full end of the term of &c. thence next ensuing, and fully to be complete and ended.

V. To have, hold, use, exercise, and enjoy the said office or appointment of steward, hereinbefore granted or intended so to be, with all and singular the rights, privileges, incidents, and appurtenances to the same belonging, or therewith had, holden, and enjoyed, unto and by him the said A. B., and to be from time to time executed by himself or his sufficient deputy or deputies, for and during and unto the full end and term of &c., to be computed from the day next before the day of the date of these presents.

VI. To have, hold, receive, take, and enjoy the said annuity, yearly rent, or sum of £, and every part thereof,

unto and by the said A. B., his executors, administrators, and assigns, for and during the term of

years, to be

computed from the day of the date of these presents and
thenceforth next ensuing, and fully to be complete and ended,
if the said C. D. and E. F., or the survivor of them, shall
so long live; the said annuity or yearly rent or sum of £-
to be paid and payable unto the said A. B., his executors,
administrators, and assigns, at or in the common Dining-hall
of Lincoln's Inn, in the county of Middlesex, by four
even and equal quarterly payments, to be made on the &c.
in every year, without any deduction or abatement what-
soever for or in respect of any taxes, charges, rates, impo-
sitions, assessments, or other matter or thing whatsoever,
either already taxed, charged, assessed, or imposed upon the
hereditaments hereby charged with the payment of the said
annuity, yearly rent, or sum of £, or upon the said A. B.,
his executors, administrators, or assigns, or any person or
persons whomsoever, by reason thereof, by authority of Par-
liament, or otherwise howsoever; together with a propor-
tional part of the said annuity or yearly sum, for the time or
number of days which shall elapse between the day of pay-
ment next preceding the death of the survivor of them the
said C. D. and E. F., and the day of the decease of such
survivor inclusive, in case such person shall die during the
said term of years, the first payment of the said annuity
to become due on the &c. now next ensuing, if either of
them, the said C. D. and E. F., shall be then living; but if
not, then only a proportional part of the said annuity, from
the date of these presents up to and inclusive of the day of
the decease of the survivor of them, the said C. D. and E. F.,
to be paid on the day of the death of such survivor.

insurance.

VII. And to have and to hold the said policy or instru- of policies of ment of insurance, and money thereby secured, or to become due and payable under and by virtue of the same and every part thereof, unto the said A. B., his executors, administrators, and assigns, as his and their own goods, chattels, and effects.

VIII. To have &c. the said messuages &c., and all and sin- In a release by way of partition.