Third Person,

£

PURCHASES. the demise so hereinbefore made to him as aforePurchase Money said), that in the mean time and until default advanced by a shall be made in payment of the said sum of and interest, agreeably to the proviso or agreement for redemption hereinbefore contained, it shall be lawful for the said (purchaser) his heirs and assigns, to have, hold, occupy, and enjoy, all and singular the messuage or tenement, lands and hereditaments, hereby granted and released, or otherwise assured, or mentioned or intended so to be, and every part and parcel of the same, and receive, take, and retain the rents, issues, and profits thereof, to and for his and their own proper use and benefit, without any hindrance, molestation, or interruption whatsoever, of, from, or by the said (mortgagee) his executors, administrators, or assigns, or any person or persons now or hereafter lawfully and rightfully claiming, or entitled to claim any estate or interest, in, to, or concerning the same premises, by, from, under, or in trust for him, them, or any or either of them (1). IN WITNESS, &c.

Copy hold.

(1) If part of the premises be copyhold, the following covenant may be added for the security of the mortgagee.

"AND THIS INDENTURE FURTHER WITNESSETH, that in consideration of the said sum of £ so advanced by the said (mortgagee) to the said (vendor) at the request of the said (purchaser) as aforesaid, and for better securing to the said (mortgagee) the repayment thereof with interest, at the time and in the manner hereinbefore mentioned, he the said (purchaser) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree,

Purchase Money advanced by a Third Person.

to and with the said (mortgagee) his heirs, executors, ad- PURCHASES. ministrators, and assigns, that immediately upon or as soon as conveniently can or may be after the copyhold or customary hereditaments, hereinbefore covenanted to be surrendered to the use of him the said (purchaser) his heirs or assigns, shall be so surrendered, he and they shall and will at his and their own proper costs and charges, procure himself and themselves to be admitted thereto, and duly and effectually surrender the same, with the appurtenances, into the hands of the lord or lady of the manor, of which the same are holden, according to the custom thereof, to the use of the said (mortgagee) his heirs and assigns, to be holden by copy of court roll at the will of the lord, according to the custom of the said manor, subject nevertheless to a proviso or agreement for making void the said surrender, on payment by the said (purchaser) his heirs, executors, or administrators, to the said (mortgagee) his executors, administrators, or assigns, of the said sum of £

and

interest, after the rate, at the time, and in the manner hereinbefore mentioned or appointed for payment of the same." IN WITNESS, &c.

PURCHASES.

Plantations.

No. LIII.

A Conveyance of Plantations in the West Indies by
Owner in Fee, to a Purchaser by Bargain and
Sale.

Variations where it is by Lease and Release.
Where the Vendor was Tenant in Tail.
Where the Wife is interested.

Parties.

Recital of contract for the purchase.

part. WHEREAS the said (purchaser) has contracted with (2) the said (vendor) for the absolute

Wife.

Auction.

(1) If the wife of the vendor have a title to dower out of the land to be conveyed, make her a party, and vary the form as ante, No. XXXI.

(2) If the estate was sold by public auction, make the recital of the contract, and of the payment of the purchase money, conformable to No. XXXI. p. 4.

purchase (1) of the messuages or tenements, PURCHASES. lands, and hereditaments hereinafter described, Plantations. with the negroes, slaves, cattle, stock, implements, utensils, and appurtenances upon or belonging to the same, at or for the price or sum of £ and the same are now intended to be conveyed to him in the manner hereinafter expressed. Now THIS IN- WITNESS, DENTURE WITNESSETH, that in pursuance and consideration of execution of the said contract, and in consider- money. ation of the sum of £ . of lawful and

current money of that part of the United Kingdom of Great Britain and Ireland, called England, to the said (vendor) in hand well and truly paid 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 or tenements, plantations, lands, and hereditaments, and other the property hereinafter described, the said (vendor) doth hereby acknowledge, [and of and from the same doth fully and absolutely acquit, release, exonerate, and for ever discharge the said (purchaser) his heirs, executors, and administrators, and also the property and hereditaments, as well by these presents as by the receipt

the vendor in

the purchase

If the consideration be a transfer of money in the funds, see Consideration, No. XXXI. p. 5.

transfer of stock.

If the estate be sold by direction of the court of Chancery, Sale before a see ibid.

master.

(1) If the conveyance be of a moiety or other portion only Moiety. of the estate, see Vol. I. No. XXVI.

Plantations.

Grants, &c.

PURCHASES. or acknowledgment for the same sum hereupon indorsed.] He the said (vendor) HATH granted, bargained, and sold, and assigned and transferred, and by these presents DOTH grant, bargain, and sell, and assign, transfer, and confirm unto the said (purchaser) his heirs, executors, administrators, and assigns respectively, according to the nature of the property hereinafter described; ALL (1) that the plantation or parcel of land called the situated, lying, and

Parcels.

General words. less, bounded &c. &c. together with all and singular the messuages or dwelling-houses, edifices, boiling-houses, sugar-houses, still-houses, curing. houses, windmills, cattle-stalls, structures, fabrics, buildings, cisterns, coppers, furnaces, worms, worm-tubs, stills, still-heads, coolers, and other utensils, implements and chattels, in, upon, or belonging to the said plantation, and premises, or to issue or proceed from, or in respect of the same or any part thereof: AND also all those several negroes or slaves, horses, mules, and cattle and stock which are particularly described or mentioned in the schedule hereunder written or hereunto annexed, and all other negroes and slaves, horses, mules, cattle and stock, which are

Moiety, &c.

Remainder, &c.

(1) If the conveyance be of a moiety, or other portion of the estate, see Vol. I. No. XXVI.

If of a remainder or reversion, see ib. No. XXIV.