N. O. Esq. (the said C. K. L. M. and N. O. being the joint executrix and executors of the will of the said G. H.) of the 1st part, the said A. B. of the 2nd part, and P. Q. gentleman, of the 3rd part, Reciting the several herein before-recited indentures, and that the said sum of £ was not paid at the time limited in the said proviso, and that the said G. H. was then dead, having made his will in writing, bearing date the -day of

year

in the

whereof he appointed the said C.K. L. M.

day of

and N. O. joint executrix and executors thereof, who on or about the in the same year, proved the said will in the prerogative court of the Archbishop of Canterbury; And further reciting, that there was then due on the before-mentioned securities, the principal sum of only, all interest having been paid to the date £ thereof: It is witnessed, that in consideration of the premises and of £ to the said I. K. and Catherine his wife, L. M. and N. O. paid by the said P. Q. (on the request and by the direction and appointment of the said A. B.) in full discharge of all monies due on the said securities, and in consideration of 10s. to the said A. B. paid by the said P. Q. they the said I. K. and Catherine his wife, L. M. and N. O. (on the request and by the direction and appointment of the said A. B.) did, bargain, sell, assign, transfer, and set over, and the said A. B. did ratify and confirm unto the said P. Q. All and singular the hereditaments and premises comprised in the said term of 500 years, by the said recited indentures and fine, granted, assigned, and confirmed with the appurtenances, together with, the said recited indentures and all other deeds touching or concerning the premises, To hold the same with the appurtenances unto the said P. Q. his executors, admi

nistrators, and assigns, from thenceforth for all the residue of the said term of 500 years then unexpired, discharged from the last-mentioned proviso, and all equity of redemp tion thereupon, but subject to a proviso or condition for reconveyance of all and singular the same premises on payment by the said A. B. his heirs, executors, adminis strators, or assigns, unto the said P. Q. his executors, administrators, or assigns, of the sum of ——— and interest at £5. per cent. in manner therein mentioned, AND WHEREAS the said C. D. lately contracted with the said A. B. for the absolute purchase of the said messuages, lands, and hereditaments comprised in the said recited indenture of demise, and assignment thereof for the sum of £ exclusive of the timber, which has been since valued at the sum of £ making in the whole AND WHEREAS by indenture bearing date the

day of

now last past, made between the said P. Q. of the 1st part, the said A. B. of the 2nd part, the said C. D. of the 3rd part, and R. S. Esq. of the 4th part (the same being indorsed on the herein before recited indenture of the

day of

sum of £

18-) Reciting that the principal was then due to the said P. Q. but all interest had been paid; And reciting the aforesaid contract for purchase, and that it had been agreed the said sum of should be paid out of the said purchase £. money; It is witnessed, that the said P. Q. in consideration of £ to him paid in full discharge of the said mortgage by the said C D. at the request of the said A. B. testified as therein mentioned, did, at the request of the said A. B. and on the nomination of the said C. D, bargain, sell, assign, transfer, and set over unto the said R. S. All and singular the messuages, lands, and heredita

ments comprised in the said term of 500 years with the appurtenances (except the said close called Mead) To hold the same unto the said R. S. his executors, administrators, and assigns, for all the then residue of the said term of years, in trust for the said C. D. his executors, administrators, and assigns, for securing to him and them the said sum of £ with interest till the freehold of the same premises should be conveyed to him, and from and after such conveyance should be executed, in trust for the said C. D. his heirs, and assigns, to be assigned and disposed of as he or they should direct, and in the mean time to attend the reversion, freehold, and inheritance of the premises. NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement, and for and in consideration of the sum of £. principal money, and of the sum of £ interest thereof to the said P. Q. paid by the said C. D. at the request and by the direction of the said A. B. and of the further sum of £ of lawful money of Great Britain to the said A. B. in hand at or before the sealing and delivery of these presents, paid by the said C. D. making together with the said sums of £ and the full purchase money for the fee-simple and inheritance of the hereditaments and premises herein after conveyed, the receipt whereof he the said A. B. doth hereby acknow ledge, and thereof and therefrom, and of and from every part thereof, doth acquit, release, and discharge the said C. D. his heirs, executors, administrators, and assigns, and every of them, for ever by these presents, he the said A. B. in pursuance and in exercise of the power and au thority to him given and reserved by the said recited indenture of the day of 18- and of the fine

levied in pursuance thereof, and of all other powers and authorities to him given or him thereunto enabling, hath directed, limited, and appointed, and by this deed under his hand and seal executed by him in the presence of and attested by the two credible witnesses whose names are intended to be hereon indorsed, doth direct, limit, and appoint, that all and singular the messuages, lands, and hereditaments herein after particularly described and granted, and released with the appurtenances, shall from henceforth be and enure to the only use and behoof of the said C. D. his heirs and assigns for ever, and to and for no other use, trust, intent, or purpose whatsoever: AND THIS INDENTURE FURTHER WITNESSETH, that for the considerations aforesaid, and for more effectually conveying the messuages, lands, and hereditaments herein after described, to the use of the said C. D. his heirs and assigns, be the said A. B. hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, aliene, release, and confirm unto the said C. D. (in his actual possession, now being by virtue of a bargain and sale* to him thereof made by the

*See form of bargain and sale, or lease for a year, tovest the possession: subsequently, the mode of transferring the possession of, and right or interest in lands or tenements to another, by lease and release, is the most eligible, and was first invented by Serjeant Moore, soon after the statute of uses: it is now the most common of any, and therefore not to he shaken; though very great lawyers (particularly Mr. Noy, Attorney-General to Charles I. formerly doubted its validity, 2 Mod. 252.) It is thus contrived-a lease, or rather bargain and sale, for one year,

said A. B. in consideration of 5s. by indenture bearing date the day next before the day of the date of these presents, for one whole year, commencing from the day next before the day of the date of the same indenture of bargain and sale, and by force of the statute made for transferring uses into possession) and to his heirs and assigns, ALL that messuage or tenement, and all those cottages, pieces or parcels of land, hereditaments and premises, hereinafter particularly mentioned and described, that is to say, ALL that messuage, &c. [here set the parcels out very minutely] TOGETHER with all and singular houses, out-houses, edifices, buildings, barns, stables, dove-cotes, orchards, gardens, yards, lands, meadows, pastures, feedings, commons, common of pasture, trees, woods, underwoods, and the ground and soil thereof, hedges, ditches, fences, ways, waters, watercourses, land-ends, profits, privileges, rights, members, and appurtenances whatsoever to the said several hereditaments and premises hereinbefore described, and hereby granted and released, and every

(upon some pecuniary consideration, usually five shillings,) is made by the tenant of the freehold to the lessee or bargainee: now this, without any inrollment, makes the bargainor stand seized to the use of the bargainee, and vests in the bargainee the use of the term for a year, and then the statute immediately annexes the possession. He, therefore, being thus in possession, is capable of receiving a release of the freehold and reversion, which must be made to a tenant in possession; and accordingly, the next day, a release is granted to him. This is held to supply the place of livery of seizin, which would be necessary to accompany a feoffment; and so a conveyance by lease and release is said to amount to a feoffment.-Co. Litt. 270; Cro. Jac. 604.

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