Of Copy- mentd at or for the price or sum of £ (a) Now holds. this Indre Witnesseth That in pursuance of the sd agrt and also in conson of £ of, &c. to the sd (trustees) as trustees as afd in hand (with the like privity consent and approbation of the sd F H and K I and A his wife as afd testified as afd) well and truly pd by the sd (P) at or before the sealing and delivery hereof the rect of which sd sum they the sd (trustees) do resply acknge and that the same is in full of the conson money for the absolute purchase of the sd messe or tent heredts and preses with their apts free from incumbs except as hnaftr excepted and of and from the same sum of money and evy pt thof and all claims and demands in respect thof they the sd (trustees) and also the sd FH and KI and A his wife do and each and evy of them doth acquit release exonerate and for ever discharge the sd (P) her hrs exs ads and ass and evy of them by these presents They the sd (trustees) in pursuance exercise and exon of the power and trust in them reposed in and by the sd in part recited will of the sd A I decd and by virtue of all and evy or. power and authty vested in or given to them Have and each of them Hath so far as they can or lfully may according to the custom of the manor bargained and sold and by these presents Do and each and evy of them Doth so far and no furr bargain, &c. All that one copyhd or customary messe, &c. being part and pcl of the copyhold or customary estes of inheritance of the sd A I decd and by her so as afd directed to be sold and disposed of in and by her last will and testament To be had and holden by her the sd (P) her hrs and ass for ever according to the custom of the sd manor under and subject to the rent suit and services of right due and accustomed to be pd and performed according to the custom of the sd manor And the sd (trustees) for themselves severally and resply and for their sevl and respive hrs exs and ads and not the one for the or. or ors. of them or the acts deeds or defts of the or. or ors. of them but each for himself and herself only and for his and her own proper acts deeds and defts hrs exs and ads do and each and evy of them doth hby covt, &c. with the sd (P), &c. that they the sd (T) have not nor hath any or either of them at any time heretofore either togr or separately made done exted or knowingly suffered or caused to be made done exted committed or suffered nor been pties or pty or privies or privy to any act deed matter or thing whatsr whby or by reason or means whof the sd messe or tent and (a) The trustees were not admitted as tenants, see Obs.

Covenant

from trustees.

No act to incumber.

preses hnbefe bargained and sold or mentd or intended Of Timber so to be is are can shall or may be impeached charged incumbered or prejudicially affected in este right title int value or orwise whatsr And the sd F H for herself her hrs exs and ads and the sd K I for himself his hrs exs ads and ass and for the sd A his wife and her hrs do and each of them doth hby covt promise and agree with and to the sd (P) her hrs and ass That they the sd F H and K I and A his wife shall and will warrant and for ever defend unto the sd (P) her hrs and ass according to the custom of the sd manor the sd messe or tent and presses hby bargained and sold or orwise conveyed and assured with all and singr the respive rights members privileges and appts thereunto belonging agst them the sd FH and KI and A his wife and their respive hrs and agt all and evy or. psn and psns whatsr Ifully equitably or rightfully claiming or to claim by from through under or in trust for him her them or any or either of them or by from through under or in trust for the sd A I decd (a) In Witness, &c.

Bargain and Sale of Timber.

Obs. 1. Although on a sale of trees the liberty to cut and carry them away is implied by law, yet it is prudent that the intention of the parties should be expressly declared as to the extent of the power to be granted to the purchaser.

2. If the vendor of timber, who is owner of the estate, do not intend that the produce of the sale should go to his personal representatives, a declaration to that effect must be inserted in the bargain and sale, otherwise it has been held, that all timber which is agreed to be sold, and is cut after the vendor's death, will be part of his personal estate. Sugd. V. and P. 178, 8th edit. 7 Ves. 457.

(a) If instead of a warranty, covenants for title be given, then say, And the sd F H for herself, &c. and the sd K1 for himself, &c. and for the sd A his wife and her hrs Do and each of them doth covt, &c. (sce Release) That for and notwithstanding, &c. any act, &c. by them the sd F H and K I and A his wife or the sd A I decd or any, &c. the sd (trustees) now have in themselves good right full power and Iful authty to bargain and sell the sd messe, &c. in manner, &c. And also that it shall and may be Iful to and for the sd (P) her hrs and ass from time to time and at all times hraftr peaceably, &c. witht any let, &c. of from or by the sd F II and KÌ and A his wife their hrs or ass or any or either of them or any psn, &c. claiming, &c. by from under or in trust for them or any or either of them or the sd A I decd And that the same preses now are and for ever hrftr shall remain continue and be free and clear and freely, &c. by the sd FH, &c. well and sufficiently, &c. of from, &c. incumbs, made, &c. by them the sd FH, KI and A his wife or the sd AI decd or any, &c. And furr that they the sd F H and KI and A his wife resply and their respive hrs and all and evy or. psn, &c. having or Ifully or equitably claiming, &c. by &c. them or any or either of them or the sd AI decd shall and will (cort for further assurance. See Release.)

Of Timber

Testatum.

Liberty to cut down,

&c.

3. A tenant in tail cannot charge the estate after his death; if, therefore, he agree for the sale of trees growing on the inheritance, and die before they are severed, the vendee will not be perinitted to fell one tree, but the heir shall have all the trees that are not severed, as part of the inheritance. Plowd. 259; Perk. sect. 58; 11 Co. 50; Poph. 194. Some provision, therefore, for the death of the tenant in tail may be necessary, in a contract for the sale of the growing timber, by him.

4. A bargain and sale of timber need not be enrolled, unless it be conveyed with the freehold lands. 11 Co. 52.

5. As to the stamp, see Release.

This Indre, &c. Betn (vendor) of, &c. of the one pt, and (purchaser) of the other Witnesseth That in conson of the sum of £ of, &c. to the sd (V) in hand, &c. pd by the sd (P) at, &c. the rect whof, &c. He the sd (V) Hath granted bargained and sold and by, &c. unto the sd (P) his exs ads or ass All and singr the trees of oak ash birch sicamore and or. trees as they are set out and marked for sale standing and growing in the places as hnaftr mentd (parcels) Togr with full (a) liberty power and authority for the sd (P) his servants agents and workmen from the day of until the

day of at all rease times to fell cut down grub up saw and work up the sd trees and wood And also to lay and place the bark of the oak trees in convenient places for drying And to have free ingress and egress with horses waggons carts and carriages to enter into and upon the sd premises for the purpose of taking and carrying away the sd trees and wood with the bark of the oaks And also to dig and make saw-pits in convenient places in the sd grds and to cut turf and get such sods and earth as may be necessary for working and converting the sd wood into charcoal doing as little damage or spoil thereby as may be and keeping in or near such parts of the sd preses as shall be marked out Habendum. by the sd (V) or his steward or agent To Have and to Hold the sd timber and all and singr or. the preses hby bargained and sold or intended so to be with their apts unto the sd (P) his exs ads and ass absolutely to and for his and their proper use and bent and as his and their own goods and chattels And the sd (V) doth for himself his hrs, &c. hby covt, &c. with and to the s (P) his exs, &c. that he the sd (V) at the time of sealGood right ing and delivery of these prests hath in himself good right full power and Iful and absolute authty to grant bargain and sell the sd timber and or. trees hby bargd and sold or intended so to be And that he the sd (P) his exs ads and ass from time to time and at all times hraftr within the space of mths next after the

Covenants

from ven

dor.

to sell.

(a) As to this clause, see Obs. 1.

date of these prests shall and Ifully may have hold take Of Timber rece and enjoy all and singr the timber and or. trees

and preses hby granted bargd and sold or intended so For quiet to be with their and evy of their apts and fell hew and enjoyment. carry away the same witht any manner of hinderance interruption claim or demand whatsr of from or by him the sd (V) his hrs exs ads or ass or any psn or psns claiming by from through under or in trust for him or them And the sd (P) for himself his hrs, &c. doth Covenants from purhby covt, &c. with the sd (V) that he shall and will chaser. within the space of mths from the date of these prests fell hew and cut down the sd oak ash and other trees and draw and take them away with the ber, &c. boughs lops tops and bark thof And shall and will stock up around the body of the tree at the distance of at least feet all the roots belonging to the sd trees

To clear

away tim

for the purpose of clearing the ground And also shall Fill up sawand will at his or their own costs and chas fill up all pits, &c. such saw-pits as shall for the purps afd have been made by him or them And also mend and repair all the hedges and fences in and about the sd lds in all such places as shall be broken or otherwise damaged or destroyed in felling hewing or carrying away the sd timber (a) In Witness, &c.

Bargains and Sales of Goods.

Obs. 1. By the 29 Car. II. c. 3, s. 17, no contract for the sale of any goods, wares, and merchandizes, for the price of 107. sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment; or that some note or memorandum, in writing, of the sd bargain be made and signed by the parties to be charged by such contract, or their agents, lawfully thereunto authorized.

2. A bargain and sale of goods, as a separate deed, is commonly called a Bill of Sale (see Bill of Sale); but a bargain and sale, or assignment of fixtures, is frequently inserted in leases, or the assignment of leases.

Bills of Sale of Goods.

Obs. A bill of sale is, in its operation and form, precisely similar to a bargain and sale; but the bill of sale is of such things as

(a) If the vendor be tenant in tail, see Obs. 2, and if it be so agreed, add, And it is hereby further agreed and declared by and between the parties hereto that in case the sd (V) shall happen to die before the day of next ensuing and the sd (P) shall be prevented from felling and severing the sd trees Then and in such case the exs or ads of the sd (V) shall pay or allow unto the sd (P) his exs ads or ass the value of such or so many of the sd trees as shall then remain unfelled and unsevered after the rate at which the same are hereby sold.'

Of Goods, do not savour of the realty, as goods, household furniture, &c. It may be either absolute, or conditional, by way of mortgage. When it is made absolute to a person, actual possession must accompany and follow the deed,' otherwise it is void. A delivery of a single article in the name of the whole will not of itself give the purchaser such a possession as will profit him against creditors; but in the case of a conditional bill of sale, the vendor's continuing in possession will not void the deed. 3 Co. 80, Edwards v. Harben, 2 T. R. 587.

Stamp.

Grant.

Absolute Bill of Sale of Goods.

Obs. An absolute bill of sale is charged as a conveyance, with an ad valorem stamp on the consideration money. As to a conditional bill of sale, see Mortgage.

Know, &c. that I (V) of, &c. in conson of the sum of £ to me in hand pd by (P) of, &c. at, &c. the rect whof I do hby acknge Have granted bargained and sold and hy, &c. Do, &c. unto the sd (P) all the goods and household stuff and implements of husbandry and all other goods and chattels mentd in the schedule hereHabendum. unto annexed To Have, &c. all and singr the sd goods household stuff and implements of husbandry and evy of them liby bargd and sold unto and to the proper use and behoof of the sd (P) his exs ads and ass for ever freely quietly peaceably and witht any contradiction claim disturbance or hinderance of any psn whatsr and witht any acct to me or to any other whomsr to be made answered or hraftr to be rendered so that neither I (1) nor any or. psn for me or in my name any right title int or demand of to or for the sd goods, &c. or any pt or pts thof ought to exact challenge claim or demand at any time or times hraftr but from all action right este title claim demand posson and int thof shail be wholly barred and excluded by force and virtue of these prests And I the sd (V) for myself my exs and ads all and singr the sd goods and household stuff unto the sd (P) his exs ads and ass agst me the sd (V) my exs and ads and evy or. psn and psns whomsr shall and will warrant and for ever defend by these prests of which goods I the sd (V) have put the sd (P) in full posson (a) by delivering him one chair in the name of all the sd goods and chattels at the sealing and delivery hereof. In Witness, &c.

Warranty.

Signed sealed and delivered by the within-named (or above-named, as the case may be) (V) being first duly stamped and at the same time full posson of all and singr the goods chattels and effects within-mentd (or above-mentd) to be bargd and sold were given by

(a) As to the efficacy of this clause, sce Obs.