FREEHOLDS AND COPY HOLDS-PART CHASE-MONEY REMAINING Covenants by vendor. -for title. and assigns (e), for ever, according to the custom of the said manor, and to be holden by and under the suits, services, rents, fines, and heriots, therefore due and of right accustomed: AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his heirs and assigns, and also as a separate covenant, and so far as relates to the said copyhold or customary hereditaments, with the said E. F., his heirs and assigns, in manner following (that is to say), that, for and notwithstanding any act, deed, matter, or thing whatsoever, by him the said A. B., or any of his ancestors, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, he the said A. B., at the time of the sealing and delivery of these presents, is lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to, the said hereditaments hereinbefore granted and released, 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 in possession, and of, and in or to the said hereditaments hereinbefore covenanted to be surrendered, and every part thereof, for a good, sure, perfect, absolute, and indefeasible estate of inheritance, to him and his heirs, in possession, according to the custom of the said manor of, and by and under the suits, services, rents, fines, and heriots, therefore due and of right accustomed, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder, or limitation of any use or uses, or any other restraint, cause, matter, or thing (e) The copyholds are surrendered to a trustee, and not to the purchaser himself, in order to avoid vesting the legal estate in the purchaser. See a different form of accomplishing the same object, in the case of a conveyance of freeholds, leaseholds, and copyholds, with a mortgage to secure part of the purchase-money, infra, Precedent XXXIX. The form in the Precedent referred to is the one most to be recommended for use; for, since the stat. 1 & 2 Vict. c. 110, (s. 113), a judgment might be held to be binding on the momentary equitable estate of the purchaser. FREEHOLDS AND COPY OF THE PUR- REMAINING for right to surrender. convey and whatsoever, to alter, charge, defeat, incumber, revoke, or make void the same estates, or either of them: AND THAT, HOLDS-PART for and notwithstanding any such act, deed, matter, or thing whatsoever as aforesaid, he, the said A. B., now hath in himself good right, full power, and absolute authority to grant, alien, release, and confirm the said hereditaments hereinbefore granted, aliened, released, and confirmed, or expressed and intended so to be, to the uses and in manner aforesaid, according to the true intent and meaning of these presents; and also to surrender the said hereditaments and premises hereinbefore covenanted to be surrendered to the use of the said E. F., his heirs and assigns, according to the custom of the said manor and in manner aforesaid, according to the true intent and meaning of these presents: AND for quiet enjoyment. THAT THE SAID hereditaments and premises herein before granted and released, or expressed and intended so to be, shall and may, from time to time and at all times hereafter, go, remain, and be to the uses hereinbefore limited, expressed, and declared, of and concerning the same, and that the said hereditaments and premises hereinbefore covenanted to be surrendered shall and may, from time to time, and at all times hereafter, go, remain, and be to the use of the said E. F., his heirs and assigns, and that as well the said hereditaments hereinbefore granted and released, or expressed and intended so to be, as the said hereditaments herein before covenanted to be surrendered, shall and may, at all times hereafter, be peaceably and quietly entered into and upon, and be held, occupied, possessed, and enjoyed, and the rents, issues, and profits thereof respectively had, received, and taken accordingly, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of or by the said A. B. or his heirs, or of or by any other person or persons, lawfully or equitably claiming or to claim by, from, or under, or in trust for him, them, or any of them, or his or any of his ancestors, [free free from infrom incumbrances. See supra, p. 203]: AND FURTHER, THAT HE THE SAID A. B., and his heirs, and all and every assurance. other person or persons claiming, or who shall or may have or claim, any estate, right, title, interest, inheritance, use, cumbrances. -for further FREEHOLDS AND COPYHOLDS-PART CHASE-MONEY REMAINING UNPAID. trust, property, claim, or demand whatsoever, either at law or in equity, of, in, to, or out of the said hereditaments and OF THE PUR- premises hereinbefore granted and released, and covenanted to be surrendered respectively, or expressed and intended so to be, or any of them, or any part thereof, by, from, or under or in trust for him the said A. B., or his heirs, or any of his ancestors, shall and will, from time to time, and at all times hereafter, upon every reasonable request, to be made for that purpose, by the said C. D., his heirs, appointees, or assigns, or by any other person or persons for the time being interested in the said premises or any of them, under and by virtue of these presents, and at the proper costs and charges in the law of the person or persons requiring the same, make, do, acknowledge, and execute, or cause and procure to be made, done, acknowledged, and executed, all and every such further and other lawful acts, deeds, things, devices, conveyances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, surrendering, and assuring of the said hereditaments and premises herein before granted and released, and covenanted to be surrendered respectively, or expressed and intended so to be, and every part thereof, to the uses and in manner aforesaid, as by the person or persons making such request, his or their counsel in the law, shall be reasonably advised or devised and required: PROVIDED ALWAYS, nevertheless, and it on payment of is hereby agreed and declared between and by the said A. B. and C. D., and the true intent and meaning of them and of these presents, nevertheless, is, that if the said C. D., his heirs, executors, administrators, or assigns, shall and do pay, or cause to be paid, to the said A. B., his executors, administrators, or assigns, the sum of £1,000, and the sum of 40%., as and for one year's interest for the same at the rate of 47. for £100, for a year, making together the sum of £1,040, in the parts, shares, and proportions, and on or at the days or times hereinafter mentioned; (that is to say), the sum of £20, being half a year's interest for the said sum of £1,000 at the rate aforesaid, on the day of, and the sum of £1,020 residue Proviso for cesser of term mortgage money. thereof, being the whole of the said principal sum of £1,000 and another half year's interest for the same at the rate aforesaid, on the day of FREEHOLDS AND COPY HOLDS-PART CHASE-MONEY UNPAID, Witness eth, Thirdly, Covenant by purchaser for surcopyhold, to secure unpaid purchasemoney. render of the without any deduction OF THE PURwhatsoever for any present or future taxes or impositions, or any other matter, cause, or thing whatsoever, then and in such case, and from and immediately after such payment shall be so made as aforesaid, the said term of one thousand years shall cease, determine, and be absolutely void, to all intents and purposes whatever (f): AND THIS INDENTURE ALSO WITNESSETH, that, for further securing the payment of the said sum of £1,000, and the interest thereof, to the said A. B., his executors, administrators, or assigns, the said C. D. doth hereby for himself, his heirs, executors, and administrators, covenant with the said A. B., his heirs and assigns, by these presents, that he the said C. D., or his heirs, shall and will, at the costs and charges of him the said C. D., his heirs, executors, or administrators, immediately after the said copyhold, or customary hereditaments, hereinafter mentioned to be surrendered, shall have been surrendered accordingly, to the use of the said E. F., his heirs and assigns, cause and procure the said E. F. to be admitted to the said copyhold or customary hereditaments, and, upon his admission thereto, to surrender the same into the hands of the lord or lady, lords or ladies of the said manor, according to the custom of the said manor, to the use of the said A. B., his heirs and assigns (g), but subject, nevertheless, to a condition for making such surrender void on payment by the said E. F., his heirs or assigns, or by the said C. D., his heirs, executors, administrators, or assigns, unto the said A. B., his executors, administrators, or assigns, of the said sum of £1,040, in the parts and at the times, and in manner in the pro (f) Longer forms of this proviso will be found in the Precedents of mortgages, infra. (g) Terms of years in copy holds may be created by surrender (Earl of Bath v. Abney, 1 Burr. 206); but the practice is not usual. (Burton's Law of Real Property, p. 436; Art. 1314). Hence, in the text, the surrender is to be to the vendor, his heirs and assigns. FREEHOLDS AND COPY HOLDS-PART OF THE PURCHASE-MONEY REMAINING Covenant by purchaser for payment of the money remain ing on mortgage. viso for redemption hereinbefore contained appointed for the payment of the same: AND THE SAID C. D. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors and adminisUNPAID. trators, that he, the said C. D., his heirs, executors, or administrators, shall and will pay, or cause to be paid, to the said A. B., his heirs, executors, or administrators, the aforesaid sum of £1,040, in the parts, shares, and proportions, and on or at the days or times in the aforesaid proviso or agreement mentioned or appointed for payment thereof, without any deduction or abatement whatsoever, according to the true intent and meaning of these presents; and in case the said principal sum of £1,000 shall not be paid at the time hereinbefore mentioned or appointed for payment thereof, shall and will, so long as the same or any part thereof shall remain due on the security of these presents, pay, or cause to be paid, to the said A. B., his executors, administrators, or assigns, interest for the said. sum of £1,000, or for so much thereof as for the time being shall remain unpaid, after the rate of 41. for £100 for a year, by equal half-yearly payments, on the -and of the interest. Covenants by purchaser. -for quiet enjoyment after default. day of and the day of in every year: AND THE SAID C. D. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors, administrators, and assigns, and also as a separate covenant, and so far as relates to the said copyhold or customary hereditaments, with the said A. B., his heirs and assigns, that if default shall be made in payment of the said sum of £1,040, or any part thereof, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent and meaning of these presents, then and in such case it shall be lawful for the said A. B., his executors, administrators, or assigns, at any time or times thereafter, during the continuance of the said term of one thousand years, into and upon all and every the said hereditaments and premises hereinbefore released or expressed, and intended so to be, or any of them, or any part or parts thereof, to enter, and the same from thenceforth peaceably and quietly to have, hold, occupy, and enjoy, and receive |