Plantations. now resident upon or belonging to the said planta- PURCHASES, tion, lands and hereditaments, and all and every the progeny, issue, and increase of the females of the same; and all ways, paths, and other passages, wells, aqueducts, waters, water-courses, trees, woods, underwoods, and the ground and soil thereof, liberties, privileges, profits, commodities, emoluments, advantages, and appurtenances whatsoever to the said messuages or tenements, plantations, lands, hereditaments, sugar-works, and premises, or any of them, or any part or parcel thereof, belonging or in or in any wise appertaining, or with the same or any of them, holden, used, occupied, possessed, or enjoyed, or accepted, reputed, deemed, taken, or known as part or parcel thereof, or of any part thereof, or appendant or appurtenant thereto (1), and all remainders and reversions of and in the said lands, hereditaments, plantations, and premises, and the rents, issues, and profits to arise or become payable for or in respect thereof; and all the estate, right, title, interest, use, trust, property, possession, possibility, claim and demand whatsoever both at law and in equity of him the said (vendor) in, to, out of, upon, or respecting the said here sale. (1) The student will perceive that there is in this conveyance Bargain and no reference to a bargain and sale for a year; the reason of which is that such an assurance is not necessary in the conveyance of estates in the West Indies, which pass by way of grant; see Vol. I. No. XIII. p. 111. note. I have however usually referred to it in the conveyances which have come before me of West India estates; and see Horsm. 768. 3 Wms. Prec. 1053. Plantations. Grants of title deeds. And copies. PURCHASES. ditaments, property, and premises, and every part thereof. Together with all deeds, muniments, writings, and evidences whatsoever, which in any wise relate to the same premises, or any part thereof, either alone or together with other hereditaments or property of inferior value, and which now are (1) or hereafter shall or may be in the possession or lawful power of the said (vendor) his heirs or assigns, of any person or persons from whom he or they can or may procure the same without action, or suit at law or in-equity; and true and attested copies, (duly stamped), of the several deeds, muniments, and writings, comprised or mentioned in the schedule hereunder written, or hereunto annexed; and of all other deeds, muniments, and writings, (not being of record) which now are or hereafter may be so in his or their power or custody as aforesaid, in anywise relating to the same premises, or any of them, jointly with other hereditaments or property of equal or greater value; such copies when first required to be made and delivered at the expense of the said (vendor) his heirs, executors, and administrators, but all future copies to be made and taken at the expence of the person or persons reTO HAVE AND TO HOLD the said quiring the same. To hold the freeholds to the purchaser and (2) messuages or tenements, plantations, lands, and his heirs. Remainder, &c. (1) If the conveyance be of a remainder or reversion, see Vol. I. No. XXIV. (2) If the conveyance be of a moiety or other portion of the estate, see ibid. No. XXVI. Moiety, &c. Remainder, &c. If of a remainder or reversion, see ib. No. XXIV. Plantations. And chattels to cutors, &c. him, his exe hereditaments, slaves, negroes (1), and all and PURCHASES. singular such of the premises hereby granted, bargained, and sold or otherwise assured or mentioned or intended so to be, as is or are freehold, or of the nature of an estate of inheritance or of freehold, unto and to the use of the said (purchaser) his heirs and assigns, AND TO HAVE AND TO HOLD the said horses, mules, cattle, stock, utensils, implements, and such parts of the said premises hereby bargained, sold, and assigned or otherwise assured, as are of a personal estate, or of the nature of chattel interests, unto the said (purchaser), his executors, administrators, and assigns, absolutely for his and their own use and benefit (2). AND the said (vendor) for himself, his heirs, executors, and administrators, doth hereby covenant, declare, grant, and agree, with and to the said (purchaser) his heirs, executors, administrators and assigns, according to the respective natures and qualities of the estates and interests hereinbefore bargained, sold, assigned, and assured, in the manner following (3), (that is (1) Although negroes are of a nature which from analogy to property in this country might seem to be of a chattel or personal nature, they are by the laws of Jamaica deemed freehold; in some of the West India settlements, however, they are reckoned of a personal, and in others of a mixed nature. Covenant by vendor that he is seised in fec. (2) If the wife of the vendor be a party, add here a covenant Wife. to levy a fine, for the form of which see ante, No. XXXI. P. 14. (3) If the wife of the vendor be a party, make these covenants Wife accord with that circumstance, as in ante, No. XXXI. p. 20. Plantations. PURCHASES. to say) that for and notwithstanding any act, deed, matter, or thing whatsoever, at any time heretofore made, done, or executed, or knowingly occasioned, suffered, or omitted, by him the said (vendor) to the contrary, he the said (vendor) at the time of the sealing and delivery of these presents, is lawfully, rightfully and absolutely seised of or otherwise well entitled to in his own right, and to his own use, all and singular the messuages, lands, tenements, hereditaments, plantations, and premises hereinbefore granted, bargained, and sold, or mentioned or intended so to be, as of, in and for a good, perfect, clear, absolute and indefeasible estate of inheritance or of freehold respectively in possession and in severalty, and also possessed or otherwise well entitled to the personal and chattel estates and interests hereinbefore assigned, or mentioned or intended so to be, as of or for his own proper goods, chattels, and property, without any manner of trust, condition, power of revocation, or of limiting or declaring any new or other use or uses, or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may revoke, determine, abridge, qualify, alter, charge, in Moiety. Remainder. If the conveyance be of a moiety or other portion of the estate, see covenants in Vol. I. No. XXVI. If of a remainder or reversion, see ibid. No. XXIV. to convey. chaser shall cumber, or prejudicially affect the same, and PURCHASES. also that for and notwithstanding any such act, Plantations. deed, matter or thing as aforesaid, he the said (vendor) hath in himself full power, and lawful Adhath right and absolute right and title to grant, bargain, sell, assign, and confirm, all and singular the same hereditaments, property, and premises respectively, and the possession, reversion, freehold, and inheritance thereof, unto and to and for the use and behoof of the said (purchaser) his heirs, executors, administrators, and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. AND further, That the purthat he the said (purchaser) his heirs, executors, quietly enjoy. administrators, and assigns, shall or lawfully may, immediately upon the sealing and delivery of these presents, enter in and upon (1), and at all times thereafter have, hold, take, possess and enjoy, all and singular the same hereditaments, property, and premises, with their and every of their respective rights, members, privileges, appendages, and appurtenances, and receive and retain the rents, issues, profits, progeny, and proceeds thereof, to and for his and their own use and benefit, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, of or by the said (vendor) his heirs, executors, or administrators, or any person or persons, now or (1) If the conveyance be of a remainder or reversion, see Remainder. Vol. I. No. XXIV. |