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for all damages sustained in falling such ash-underwood, timber, and other trees, (except such as are necessary and reasonable.)

Lastly, That if the purchaser shall refuse or neglect to perform the several conditions herein before stated, the deposit-money shall be forfeited to the vendor, who shall be at liberty either to enforce the present contract, or to re-sell the timber or other trees, as aforesaid, by public auction or private contract; and the deficiency, if any, of such second sale, together with the charges attending the same, shall be made good by the defaulter at this present sale.P

P Memorandum that C. D., of, &c., became and was this Memorandum day declared the highest bidder of the mentioned of purchase, to be signed and comprised [in or as lot 1] in the foregoing particulars, by vendor and at the sum of L. Now therefore the undersigned purchaser. A. B. doth hereby agree to sell unto the said C. D., and the said C. D. doth hereby agree to purchase the same, under the terms and conditions aforesaid, at and for the said sum of L. ; and at the same time the sum of L. was paid to the said A. B., as the deposit-money for the As witness, &c.

same.

Mr. A. B., auctioneer,

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ment of a bid

Take notice—that I, the undersigned A. B., of, &c., the Notice to the proprietor of the advertised to be sold by auction auctioneer of this day by you, at, &c., have appointed Mr. C. D. to bid the appointfor the same, and that if he shall buy in the same premises der to buy in at such sale, it will be solely on the account and for the use premises of of me, the said A. B., the owner thereof. Dated, &c.

Witness, &c.

Mr. A. B., auctioneer,

the owner.

Take notice that I, the undersigned C. D., have ac- Notice to be signed by the cepted the above appointment, and that if I shall bid for or person apbuy in the abovementioned premises advertised to be sold pointed to by auction by you this day, the same will be bid for, pur- buy in the chased, and bought in by me, for the sole use of the said A. premises. B., as the owner or proprietor thereof. Dated this day

of

1840. Witness, &c.

CHAPTER XX.

CONVEYANCES.

Parties.

Consideration.

Parcels.

LEASE AND RELEASE.

Lease (or Bargain and Sale for a Year) whereon to ground the Release.

THIS indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part,a witnesseth, that, in consideration of the sum of 5s. of lawful money of Great Britain, by the said C. D. to the said A. B. in hand well and truly paid, at or be fore the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he, the said A. B., hath bargained and sold, and by these presents doth bargain and sell, unto the said C. D., his executors, administrators, and assigns, all, &c., [describe the parcels, with the general words, which should correspond with the release,] and the reversion and rever

As the lease and release constitute together one assur ance, it is advisable, in most cases, to make all the conveying parties in the release parties to the bargain and sale on which it is founded.

sions, remainder and remainders, yearly and other rents, issues, and profits, of the same premises, with the appurtenances. To have and to hold the said, &c., Habendum. hereby bargained and sold, or intended so to be, with their appurtenances, unto the said C. D., his executors, administrators, and assigns, from the day next before the day of the date of these presents, for and during, and unto the full end and term of one whole year from thence next ensuing, and fully to be complete and ended; [yielding and payings therefore Reservation. unto the said A. B., his heirs and assigns, the rent of one peppercorn on the last day of the said term, (if the same shall be lawfully demanded,)] to the intent and purpose that, by virtue of these presents, and by force of the statute made for transferring uses into possession, he, the said C. D., may be in the actual possession of the said hereditaments and premises herein before mentioned, and intended to be hereby bargained and sold, and every part and parcel thereof, with the appurtenances, and may thereby be enabled to accept and take a grant and release of the same, and of the reversion" and inheritance thereof

* If the conveyance should be a life-estate, add, "if the said A. B. (or cestui que vie) shall so long live."

This reservation may be omitted, (if a money-consideration be inserted,) as this instrument is not properly a lease, but a bargain and sale raising a use, (by means of the consideration-money of 5s.,) which the statute of 27th Hen. VIII. transfers into possession; thereby enabling the bargainee to accept a release of the reversion.

say,

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* If the bargain and sale be of a reversion or remainder, 'to the intent that, by force of the statute made, &c., the remainder in fee or reversion (as the case may be) expectant, &c., of and in the said hereditaments and premises may become actually vested in him, the said C. D.; and so that he, the said C. D., may be enabled to accept and take a release of the inheritance thereof to him, the said C. D., his heirs and assigns for ever," (or, to the uses, &c.)

"If a life-estate, say, him, the said C. D., his heirs and assigns, during the life of the said," &c.

"of the freehold and reversion to

Parties.

Witnessing part.

When the

releasee is

under a de

mise or lease.

intended to be thereof made to him, the said C. D., his heirs and assigns for ever, [or if to uses, say, to the uses, upon the trusts, and to and for such intents and purposes as shall be thereof declared and expressed in and by an indenture intended to bear date the day next after the day of the date of these presents, and to be made between, &c.,] and to and for no other use, trust, intent, and purpose whatsoever. In witness, &c.

Release from a Vendor to a Purchaser.

This indenture, made, &c., between, &c., [recite the deed or will under which the vendor is entitled, or that he is seised, &c., and the agreement for sale.] Now, this indenture witnesseth, that, &c., (see Considerations, p. 36,) he, the said (vendor,) hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth, &c., (in his actual possession, &c.,") and to his heirs and assigns, all, &c., (see Par

▾ If the conveyance be by a man and his wife, of premises to which he is seised in her right, the granting part may be thus: "They, the said (vendor,) and M. his wife, under and by virtue, and in pursuance of the powers and provisions given by and contained in an act of Parliament made and passed in the 3d and 4th years of the reign of his Majesty King Will. IV., intituled, 'An Act for the Abolition of Fines and Recoveries, and for the substitution of more simple modes of Assurance,' have, and on each of them hath,"

&c.

W

If the releasee be a tenant in possession under a lease, the reference to the possession under the same may be added in possession here thus: "Which said messuage, &c., hereby granted and released, or intended so to be, are now in the actual possession of the said (releasee,) by virtue of a demise made to him by the said (releasor,) by indenture bearing date, &c., for the term of seven years from the day of the date of the same indenture, and by force of an entry made by the said (releasee) pursuant to the same indenture." In this case the

lease is perfected by entry; but under the lease for a year, operating as a bargain and sale, the possession is transferred, by virtue of the statute of uses, without entry.

cels, p. 39,) together with all houses, &c., and the Premises. reversion, &c., and all the estate, &c. To have and Habendum. to hold, &c., (see Habendum, p. 45; add covenants; Covenants. for the title," (see pp. 14 and 85.) In witness, &c.

* For general words, see p. 40. &c., may be omitted.

The clause of all deeds, (Respecting this clause, see 1 Saund. on Uses and Trusts, 119; 2 Prest. Conv. 466; Noy, 145; Co. Litt. 6 a. n. 141; 1 Yo. and Jerv. 117; 3 Barn. and Cress. 225.)

'If the wife joins to convey or extinguish her dower, and in all cases where the wife joins, the first covenant should be by the vendor, "that these presents shall forthwith, at the costs of the (vendor,) be duly acknowledged by the said (wife;) she hereby consenting, and otherwise perfected by the solemnities prescribed by law for rendering the deeds of married women effectual to extinguish their interest in land."

If a reversion, &c., "to an indefeasible estate of inherit- That vendor ance in fee-simple in reversion or remainder expectant," &c. is seised. If a life-estate, "to an indefeasible estate of freehold in possession, for and during the natural life of," &c.

If a moiety, &c., "to grant, release, and convey the said That vendor moiety, or said undivided part, &c., of and in," &c.

If a reversion or remainder, “to grant, release, and convey the said reversion or remainder expectant, &c., as aforesaid."

has good right to con

vey.

If a life-estate, “for and during the natural life of," &c. If a moiety, &c., "to enjoy the said undivided, &c., of For quiet enand in the said," &c. joyment, free from incum

If a reversion, &c., " at all times hereafter, immediately brances. upon the decease or other sooner determination of the estate for life of, &c., (or as the case may be,) peaceably to enjoy,"

&c.

If a life-estate, "to enjoy for and during the term of the natural life of," &c.

If a moiety, &c., "into or out of the said undivided, &c., For further of and in," &c.

If a reversion or remainder, "into or out of the same remainder or reversion hereditaments and premises aforesaid."

If a life-estate, "shall and will, from time to time, and at all times hereafter during the natural life of," &c.

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Where the conveyance contains a power of appointment, the covenants should be with the releasee to uses in other

assurance.

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