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No. CCC.

A Deed of Confirmation to a Purchaser by a Vendor to be indorsed on the Purchase Deed in pursuance of his Covenant for further Assurance (1).

CONFIRMATION.

By vendor.

[blocks in formation]

day of

WITNESS.

That in con

the vendor con

sideration, &c.

firms

in the year of the reign, &c. and in the year of our Lord 18, BETWEEN the within named (vendor) of the one part, and Parties. the within named (purchaser) of the other part. WHEREAS [recite Recitals. here the circumstances which render the confirmation necessary], wherefore the said (purchaser) hath requested the said (vendor) to execute such further assurance to him of the said within mentioned premises as hereinafter is mentioned, which the said (vendor) hath agreed to do. Now THIS INDENTURE WITNESSETH, that in pursuance and performance of the said agreement, and also for and in consideration of the sum of five shillings of lawful current money of England, to the said (vendor) in hand paid by the said (purchaser), at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged. HE, the said (vendor), HATH granted, ratified, and confirmed, and by these presents DOTH for himself and his heirs, grant, ratify, and confirm unto the said (purchaser) and his heirs, ALL and singular the messuages, the within mentioned premises. lands, tenements, hereditaments, and other the premises described and comprised in and mentioned to be granted and conveyed by the within written indenture of release, with all and every the appurtenances to the same belonging (2), AND all the estate, right, title, interest, use, trust, property, benefit, claim, and demand whatsoever, both at law and in equity, of him the said (vendor), in, to, upon,

(1) See ante, No. CCXCII. p. 323, notes.

(2) If the deed be intended to operate by way of conveyance, see ante, p. 326, n. (1) and (2).

CONFIRMATION.

By vendor.

To hold to the purchaser absolutely.

Covenant-by

vendor that he

bered.

out of, or respecting the said messuages, lands, tenements, hereditaments, and premises, and every or any of them and every or any part thereof, TO HAVE AND TO HOLD (1) the said messuages, lands, tenements, hereditaments, and all and singular other the premises in or by the within written indenture described, and thereby expressed or intended to be granted and released, and by these presents ratified and confirmed, or mentioned or intended so to be, with their and every of their respective rights, members, privileges, appendages, and appurtenances whatsoever, unto and to and for the only proper use, benefit, and behoof of the said (purchaser), his heirs and assigns for ever. AND the said (vendor), for himself, his heirs, exehath not incum-cutors, and administrators, doth hereby covenant and declare with and to the said (purchaser), his heirs and assigns, in the manner following, (that is to say) that he the said (vendor) hath not at any time or times since the execution of the within written indenture (save and except as aforesaid) made, done, executed, committed or knowingly omitted or suffered, nor been party or privy to any act, deed, matter, or thing whatsoever, whereby or by means whereof the said messuages, lands, tenements, hereditaments, and premises within mentioned to be granted, released, and conveyed or otherwise assured, and hereby granted, ratified, and confirmed, or mentioned or intended so to be as aforesaid, or any part or parcel thereof, or any estate or interest therein, are, is, can, shall, or may be in anywise impeached, charged, incumbered, or prejudicially affected in estate, title, value, or otherwise howsoever (2). IN WITNESS, &c.

Covenants for the title.

(1) See ante, p. 327. n. (1).

(2) If the vendor were at the time of executing the original purchase deed incapacitated from entering into valid stipulations for the title, &c. here may be added the usual covenants for the title and for quiet enjoyment and further assurance, in the usual form of such covenants.

No. CCCI.

*A Consent by Executors to the Bequest of Leasehold Premises or other Specific Legacy (1).

CONSENTS.

Bequest.

TO ALL TO WHOM THESE PRESENTS SHALL COME

of,

&c. and of, &c. being executors named in the last will and testament of (testator) late of, &c. deceased, SEND GREETING. WHEREAS, &c. [recite the will and bequest to the legatee, the death of the testator, and probate of the will in the usual form.] AND WHEREAS the said (legatee) in order the better to enable him to receive the benefit of the said bequest or to dispose of the said messuage, &c. [as the case may be] has requested the said (executors) to express their consent in writing to the said bequests as hereinafter mentioned, which having obtained probate of the will of the said testator, and being satisfied that all just demands upon the estate and effects of the said testator to be by them ordered or administered have been fully satisfied, they have agreed to do. Now KNOW YE, that in pursuance of the said request and agreement, They the said (executors) HAVE sent to bequest. and each and every of them HATH consented and assented to the bequest of the said, &c. so made or bequeathed to the said (legatee) in or by the said in part recited will of the said (testator) deceased. AND so far as in them lies or it behoveth them in that behalf have and hath ratified and confirmed, and by these presents do and doth ratify and confirm the same bequest and the subject matter of the same, unto

WITNESS. Executors as

(1) Notwithstanding a legacy of stock or chattels whether real or Assent of execupersonal be specifically bequeathed, yet as all the personal and chattel tors requisite. interests of the testator vest provisionally in his executors for the payment of debts and expences, the title of the legatee is not complete until the actual or virtual assent of the executor is given. Hence his express assent is frequently desirable in order to enable the legatee to assign without his concurrence, and see Andrews v. Pierce, 3 P. Wms. 12. Mead v. Orrery, 3 Atk. 238.

CONSENTS.

Bequest.

him the said (legatee), his executors, administrators and assigns, as his and their own proper messuages, &c. or estate and effects (1). IN WITNESS, &c.

Assigament.

Stamp.

(1) Sometimes an assignment by the executors is added to the consent; but this appears to be unnecessary.

No stamp seems to be necessary to an instrument of the above kind.

No. CCCII.

*A Consent by the Owner of Land to a Highway being carried over it (1).

I A. B. of

in the county of

being owner of the

lands described in the plan hereunto annexed through which part of

and

is intended to be

to be

a certain highway lying between
diverted and turned, (in consideration of the sum of £
paid to me for the said land and the soil thereof), or in consideration
of the old highway being sold, exchanged and to be vested in me,
also the sum of £
to be paid to me [as the case may be] do

hereby consent to the through my said lands.

making and continuing such new highway

Given under my hand and seal this

day of

18

CONSENTS.

Highways

(turning).

(1) In the schedule to the act of 13 Geo. 3. c. 78. the above form 55 Geo. 3. c. 68. of the consent of the owners of lands to roads being carried through them is given, but that part of the act (sec. 19.) to which the form refers is repealed by 55 Geo. 3. c. 68. without any new form being substituted; but as this appears to have arisen either from inadvertency in framing the latter act or from its being thought unnecessary to repeat the form given in the former act, I have retained it as being still a proper one in these cases. Indeed, where an act of parliament has proposed a form of any writing relative to the purposes of the act, it should be pursued as nearly as circumstances will permit; see Davidson v. Gill, 1 East's Rep. 64; and where no particular form is pointed out, it seems proper in preparing them to pursue, as nearly as may be, those which are given in other acts requiring instruments of a similar kind to carry the provisions of the act into effect.

SUP.-VOL. II.

A A

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