Attestation of a Will. Signed sealed published and declared by the sd testator as and for his last will and testament in the presence of us who in his presence and at his request and in the presence of each other have hereunto subscribed our names to each sheet as witnesses thereto [and if there are two parts say, 'as we have also done to each sheet of another part of his will at the same time'] Testimonium of a Will. In Testimony (or, In Witness') whereof I the sd A B the testator have to (two parts, each part or this part, &c. of) this my last will and testament contained sheets of paper set my hand and seal namely to sheets my hand and to the and last [of each in first part or of this part] my hand and seal the day of What it is. Stamp. ATTORNMENTS. Obs. 1. Attornment is, properly, the acknowledgment by the tenant of a new lord, or the agreement of the tenant to the grant of the seignory of a rent, or of a reversion and remainder, Co. Litt. 309, a. Since the 4 and 5 Ann. c. 16, and 11 G. II. c. 19, an attornment is no longer necessary to the validity of a grant, and is therefore seldom made, except occasionally to mortgagees, or in the case of a recovery, in ejectment. 2. A mere attornment, not containing an agreement to pay such rent, as shall be agreed upon, requires no stamp. Cornish v. Searell, 8 B. and C. 47. Attornment from a Tenant to a Mortgagee in Possession by Ejectment. Know all Men that I the within-named (tenant) did on the day of last past attorn and become tenant to the within-named (mortgagee) and agree (a) to pay such rent and at such times as are therein mentioned and in testimony thof did give one shilling in the name of attornment in the presence of names are hereunto subscribed whose Attornment of several Tenants by Direction of To All, &c. A B, C D and E F send greeting Whas (a) As to the stamp, see Obs. 2. farm called, &c. and situate, &c. and C D holds, &c. and By a ComEF holds, &c. And whas the sd sevl farms are now in missioner mortgage to (mortgagee) of, &c. and the sd (mortgagor) under an is willing and desirous that the sd (mortgagee) should Inclosure have posson of the respive preses Now Know ye that Act. the sd A B, C D and E F by the direction of the sd (mortgagor) testified by his being a party to and signing these presents do hby severally agree to pay over the sevl rents due and paye for their respive farms and each of them the sd A B, C D and E F have given one shilling in the name of attornment and in pt paymt of the sd rent In Witness, &c. AWARDS. Award by a Commissioner under an Inclosure Act. Obs. As to the nature of Awards, and for other precedents, see Arbitration. To all, &c. I (commissioner) of, &c. send greeting Recital. Whas by a certain Act of Parlt made and passed in the Act of Parreign of his present Maj. entitled An Act for inclosing liament. lands within the manor of M in the parish of F and county of N Reciting among other things that there were within the sd manor of M open common fields commonable lds commons and waste grds Also reciting that IP, Esq was lord of the sd manor and as such was entitled to the soil of the commons and waste grds Also reciting that the Rt Hon Lord K, W T, Esq and ors. were owners and proprietors of divers inclosed lds tents and heredts within the sd manor and in respect thof were entitled to rights of common of pasture and or. rights in over and upon the sd open common fields commonable lds and waste grds Also reciting that an Act commonly called the General Inclosure Act was passed, &c. And after furr reciting that the sd common fields commonable Ids and waste grds were in their present state incapable of any considerable improvement but if the same were divided and allotted unto and amongst the sevl psns interested therein according to their respive ints and such allotments being inclosed the same might be greatly improved It is amongst or. Appointthings enacted that I the sd (commissioner) shd be and meat of I was thby apptd commr for dividing allotting and commisinclosing the sd open common fields commonable lds sioner uncommons and waste grds and putting the now reciting der the Act. Act. Appoint ment of a surveyor. Powers, &c. of commis sioner to award the expenses, to sell part of the land for defray ing expenses, By a Com- Act into exon subject to the rules orders and dirons missioner thereinaftr mentd and with such dirons and stipulaunder an tions as are contained in the sd therein recited general Inclosure Act which shd be applied deemed and taken as pt of the now reciting Act except in such cases only as the same were thby varied and altered And that (surveyor) of, &c. shd be and was thby apptd surveyor for the purps of the now reciting and the sd General Inclosure Acts And that I the sd (commissioner) shd and might scour out deep widen and repair all such ancient ditches, &c. And also make or cause to be made such new ditches, &c. in through over and across the sd open common fields, &c. within the sd manor of M with the previous consent of the proprietors of such inclosures or or. lds not thby directed to be divided and inclosed of such dimensions and in such places as I the sd (commissioner) shd think fit And that I the sd (commissioner) am thby directed and required by any writing under my hand or in and by my sd award to order and determine by whom and at whose expense at what time or times and in what manner the sd ditches, &c. should be made, &c. And that for providing for and defraying the costs chas and exps of obtaining passing and exting the now reciting Act and the sd Gen Act I the sd (commissioner) am thby required as soon as conveniently might be after the passing of the now reciting Act to sell and dispose of in manner as in the sd Acts directed such pcl or pels of the sd commons and waste grds as I shd judge most proper and expedient And that I the sd (commissioner) shd and I am thby required to set out allot and award unto and for the surveyors of the highways of the parish afd for the time being one or more plots of the sd commons and waste grds as I shd think proper as and for public stone and gravel pits with convenient roads to and from the same and which plot or plots of ld so to be set out as afd shd be used in common by the surveyors of the highways of the sd parish and by the respive proprietors of lds and estes within the sd manor and by their tenants for their own private uses and for the repairs of the public and private roads including the roads to be set out in pursuance of the sd reciting Act and the sd Gen Incl Act And that I the sd (commissioner) am authorized to set out allot and award to the lord of the sd manor one sixteenth pt of the sd commons and not to exclude any allotment or allotments which would orwise be made to him in satisfaction of or for any common of pasture upon or over the sd commons and waste grds by this Act directed to be divided and inclosed in re to set out portions of land for gravel pits. to make allotments to the lord, Award by prietors. spect of any lds or tents belonging to any such lord And in the next place that I the sd, &c. shd set out, &c. a Comunto the sd (rector) one tenth pt of the residue of the missioner. sd commons, &c. in lieu of and in recompence for the To the rectithes of the sd commons, &c. And that I the sd, tor and &c. shd aftwds set out and allot the residue and other proremr of all the sd commons and waste grds thby directed to be divided and inclosed unto and amongst all and evy psn and psns body and bodies politic and corporations collegiate having any right or rights of common or or. rights or ints in over or upon the same or any pt thof in such pts and shares and in such manner as I the sd (commissioner) shd think fit and shd adjudge and determine to be proportionate to the value of his her or their respive rights or ints in over and upon the sd commons and waste grds And also that it To make shd be lful for me the sd (commissioner) to set out and exchanges. allot and award any lds tents or heredts within the sd manor in lieu of or in exchange for any or. Ids tents and heredts in the sd manor parish hamlet or place Provided that all such exchanges be ascertained specified and decld in and by the award of me the sd (commissioner) and made with the consent of the owner or owners of the lands tents or heredts which shd be so exchanged such consent to be testified as therein mentd And that all and evy such exchanges so to be made shd be valid and effectual in law to all intents and purps whatsr And whas by the General Act It is amongst or. things enacted that no psn shd be capable of acting as a commr in the exon of any of the powers to be given by any act thereafter to be passed for dividing or allotting or inclosing any lds or grds except the power of giving notice of the first meeting and administering the oath thinaftr directed until he (or they) shd have taken such oath which oath it shd be lful for any one of the justices of the peace for the sd county within which the sd lds or grds shd be situated to administer And that the sd oath shd be annexed to and enrolled with the sd award And that such commissioner in the first place before he proceeded to make any of the divisions or allotments directed to be made by the sd Act or any such Act should set out and appt Roads to be the public carriage roads and highways through and set out. upon the lds and grds intended to be divided allotted and inclosed and to divert turn and stop up any of the roads and tracks upon and over any of the sd lds and grds as he shd judge necessy subject nevss to such examination of the sd roads and highways as is required by the sd Act or Acts and that the sd commr shd thby be em T Oath required by the General Inclosure a Com under an set out. To make an award in writing. Award by powered and required to set out and apart such private roads bridleways footways ditches drains water-courses missioner watering places quarries bridges gates, &c. in over upon and through or by the sides of the allotments to be made and set out in pursuance of such Act as he shd think requisite giving such notice and subject to such examination as in the same Acts is required And that the same shd for ever thraftr be supported and kept in repair by and at the expe of the owners and proprietors for the time being of the lds and grds directed to be divided and inclosed in such shares and proportions as the commr or commrs shd in and by his or their award order and direct And whas by the sd General Inclosure Act It is amongst or. things furr enacted That as soon as convenient might be after the division and allotment of the sd lds and grds shd be finished pursuant to the purport and dirons thof or of any such Act the sd commr or commrs shd form draw up or cause to be formed and drawn up an award in writing which shd express the quantity of acres and roods contd in the ed lds and grds and the quantity of each and evy pt thof which shd be allotted assd and exchanged and the situations and descriptions of the same resply and shd also contain a description of the roads ways footpaths watercourses, &c. set out and apptd by the sd.commr or commrs resply as afd and all such or. rules orders agrts regulations dirons and determinations as the sd commr or commrs shd think necessy proper or beneficial to the pties which sd award shd be fairly engrossed or written on parchment and shd be read and exted by the sd commr or commrs in the presence of the proprietors who might be present at a general special meeting called for that purpe conformably to such notice as therein is prescribed And also that he or they the sd commr or commrs if he or they shd think it necessy shd form or draw or cause to be formed or drawn on parchment or vellum such maps or plans of the lds or grds the better to describe the sevl new allotments or divisions and preses that shd be exchanged and express the same quantity in each allotment to the respive proprietors which sd maps and plans shd be annexed to or enrolled with the sd award And whas I the sd (commissioner) named in the first herein recited Act did cause due notices to be given of the time and place of my first and evy or. meeting for the exon of the sd Acts but before I entered upon the exon of any of the powers and authties given to and invested in me in and by the sd in Oath taken. pt recited Acts of Parlt (except as befe mentd) I did on the day of in the year of at in the sd Notices given by a commissioner. |