PURCHASES. according to the custom of the said manor of whereof the same are holden as

Copyholds.

Yielding dues

the lord.

Direction for heir at law to surrender.

aforesaid; yielding and paying, performing and

and services to doing, unto the lord or lords, for the time being, of the said manor, all and every the fines, rents, duties, and services of right used and accustomed to be paid, done and performed, and hereafter to grow due for or in respect thereof: And the said (vendor) doth hereby request and direct the said. (heir), according to his interest therein, forthwith hereafter to surrender into the hands of the lord of the said manor of according to the custom thereof, the said copyhold messuage or tenement, hereditaments and premises, with their appurtenances, to the use of the said (purchaser), as such purchaser thereof as aforesaid, his heirs and assigns for ever, according to the custom of the said manor, by the rents and services aforesaid, to the end, intent, and purpose that the said (purchaser) may be admitted tenant of the said premises, and hold and enjoy the same to him, his heirs and assigns accordingly: And the said Vendor that he (vendor), for himself, his heirs, executors, administrators, and his and their acts and deeds, doth covenant and declare, with and to the said (purchaser) and his heirs, by these presents, that he the said (vendor) hath not at any time or times heretofore, made, done, committed, or knowingly or willingly suffered or been party or privy to any act, deed, matter, or thing whatsoever, whereby or by means whereof the said messuage or tenement, hereditaments and premises, herein

Covenant by

has not incumbered.

Copyholds.

before described, and bargained and sold, or in- PURCHASES. tended so to be, with their appurtenances or any part thereof, are, is, can, shall, or may be in any wise impeached, charged, incumbered, or prejudiced, in title, estate, or otherwise howsoever (1). IN WITNESS, &c.

(1) If the heir at law be a party, add usual covenants for the Heir a party. title, as ante, p. 196.

Dower.

Construction,

&c.

the first
our Lord

year of the reign, &c. and] in the year of BETWEEN the (vendor) of, &c.

of the one part, and (the purchaser) of, &c. of the other part (1). WHEREAS by indentures of lease and release, bearing date respectively on or about the

and

days the re

parts, and made or expressed

(1) If the wife of the vendor be entitled to dower or free bench, make her a party, and see ante, p. 232. n. (2). and post, Vol. II. No. XXXI.

If the vendor took the premises to uses to prevent dower, make the vendor's trustee for that purpose a party, and see post, No. XXXIV.

If the vendor did not so take, but the purchaser is desirous of taking to such uses, make a trustee party for that purpose, as " a trustee named and appointed by and on the part of the said (purchaser) for the purpose hereinafter mentioned of the third part," and see post, Vol. II. No. XXVIII.

If the vendor took with such limitations, and the purchaser is also desirous of so taking, see post, No. XXXV.

For the construction and reason of such parts of this precedent, upon which no observations are here made, see those subjoined to No. XV. ante, p. 122. et seq.

to be made between A. B. therein mentioned to PURCHASES.

be of, &c. and by a certain surrender made on or about the day of which was in the year

Freeholds and
Copyholds.

in pursuance of a covenant for that purpose contained in the said indenture of release, the several freehold and copyhold messuages, lands, and hereditaments hereinafter described and intended to be hereby granted, released, and covenanted to be surrendered respectively, were, for valuable considerations therein mentioned, conveyed, and assured to the use of the said (vendor) and his heirs. AND WHEREAS the said of contract for (purchaser) hath contracted (1) with the said (vendor) for the absolute purchase (2) of all and singular the said messuages, lands, and hereditaments at the sum of £ ; and hath re

quested that the same respectively may be conveyed and assured to him in the manner herein

the purchase.

of considera

after expressed. AND WHEREAS it has been Apportionment agreed by and between the said (vendor) and tion money. (purchaser) that the said sum of £

SO

to be paid for the whole of the said hereditaments, both freehold and copyhold, shall be apportioned (3) in the manner following (that is to

(1) If the estate was sold by public auction, or otherwise than Auction, &c. by private contract, see ante, No. XVI. p. 163. n. (4).

(2) Where the vendor is entitled to a moiety or other un

divided part of the estate, see post, No. XXVI.

Moiety, &c.

money.

(3) It is required by the late stamp acts, that when lands Apportionment contracted to be sold at one entire price, are conveyed in of consideration separate parcels by different instruments, a distinct consideration for each part be set forth in the principal instrument of conveyance, but the consideration money may be apportioned in such manner as the parties please.

PURCHASES. Say) that the sum of £

Freeholds and
Copyholds.

WITNESS,

the vendor in

money.

part thereof shall be considered as and for the value and purchase of such part of the said hereditaments as are of a freehold nature, and the sum of £ other and the remaining part thereof, as and for the value and purchase of such parts of the said hereditaments as are of customary or copyhold tenure (1). Now THIS INconsideration of DENTURE WITNESSETH, that in pursuance and exethe purchase cution of the said contract, so far as concerns the freehold part of the said hereditaments, and in consideration of the sum of £ of lawful money (2) of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid (3) by the said (purchaser) at or immediately before the sealing and delivery of these presents, the receipt whereof [and that the same is in full for the absolute purchase of the messuages, lands, tenements, and hereditaments, hereinafter described, as well freehold as copyhold], the said (vendor) doth hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, discharge, and exonerate

Surrender already made.

Consideration.

Consideration of copyhold.

(1) If a surrender of the copyholds has been previously made, see ante, No. XVIII. p. 233. n. 3.

(2) If the consideration be any other than money paid down on the execution of the conveyance, see ante, No. XVI. p. 165. 167. 185.

(3) If the estimated value of the freehold part of the premises only is to be paid, on the execution of the present deed, and the rest on the completion of the surrender of the copyholds, say, part of the said sum of so agreed to be paid for the," &c. as in the text, and see No. XVIII. p. 235.

"In

n. (2).