UNIVERSITY
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EVERY-DAY
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COLLECTION OF PRACTICAL FORMS
Jiesignefc for professional
AND SUITED TO
THE EMERGENCIES OF ACTUAL PRACTICE.
WITH NOTES
AND
A TABLE OF STAMP DUTIES,
BY
THOMAS WILKINSON, ESQ.,
FORMEBLY OF LIVEEPOOL, SOLICITOR OF THE SUPREME COUET, AND
CLERK TO THE JUSTICES FOE* THE BOROUGH AND COUNTY OF
NEWCASTLE-UPON-TTNE.
Parchemins inventes pour faire souvenir ou pour convaincre
les homm.es de leur parole. LA BBUYEEE.
THIRD EDITION, RE-EDITED AND ENLARGED.
LONDON :
HORACE COX,
; LAW TIMES OFFICE," 10, WELLINGTON STEEET, STEAND, W.C.
1881.
LONDON :
PBINTED BY HOBACE COX, 10, WELLINGTON STREET, STRAND, W.C.
c-
u.
to tfje Eijtrti Litton,
IN the preparation of this Edition for the press I have
spared no pains to make the work increasingly useful.
The text throughout has been carefully revised ; obsolete
matter expunged, and alterations in type and arrangement
everywhere effected. Notably, several new and, I hope,
serviceable forms have been inserted.
The later Case-law, as well as the provisions of recent
Statutes, where relevant to the subject matter, will be
found to be incorporated with, or cited in the various
notes.
With such emendations I am encouraged to believe
that the volume may, at least in the minutiae of drafting,
facilitate the Practitioner's labours while benefiting, in
a greater degree, the Conveyancing tyro for whom the
publication was primarily intended.
T. W.
Central Police Court, Newcastle-upon-Tyne,
May 28th, 1881.
a 2
na
(Extract from flje Preface to tfte Jftrst Litton.
THIS work originated in an earnest desire to furnish the
Profession with a collection of Precedents in the by-paths
of Conveyancing, which might be found useful when time
or expense (or both) prevents the employment of more
formal and elaborate instruments, or the occasion merely
demands a simple form not found in larger and more
learned volumes.
In the execution of this intention, it was suggested that
some Precedents, in strictness formal, elaborate, and costly,
might, from their peculiar character or provisions, be
inserted without any great detriment to my design, while
adding considerably to the completeness of the work and
its usefulness in practice. In deference to which suggestion
must be attributed such forms found herein as border the
great highway of property-alienation.
To those students articled in offices where the practice
is of a miscellaneous or kaleidoscopic rather than of a
specific or conservative character (and such are ' ' legion ")
I venture to hope some forms will be of considerable
assistance. It is sufficiently perplexing to peruse in
Davidson or Prideaux strict settlements with their ela-
borate provisions for jointure, pin-money, portions, and
PREFACE.
the complicated machinery of remainders and cross-
remainders, and to find in actual practice that your prosaic
client wishes his settlement to comprise shares in a barge
or a building society, a life policy, some furniture, and a
renewable leasehold, without having altogether to rely upon
one's unaided efforts to frame so heterogeneous a document ;
yet in every- day life perhaps the family estates are the
exception, and the very mixed personalty the rule !
Law Association Buildings, Liverpool,
March 2Sth, 1870.
CafaU 0! Contents.
PAGE
TABLE OF CASES . six
PRECEDENTS.
ACKNOWLEDGMENTS.
1. Acknowledgment by a Mortgagee of the Receipt of Title
Deeds 1
2. of Title 2
3. of a Statute-barred Debt 2
4. that an Irrevocable Voluntary Settlement
has been Explained ... 3
5. that a Surrender of Copyholds to Mort-
gagees never acknowledged 3
6. by a Mortgagor that he is Tenant to Mort-
gagee 4
AGREEMENTS.
7. Agreement to let a Dwelling House by the Month 4
8. to let a Cellar by the Year 5
9. to let a Furnished House by the Month 5
10. to let an Office by the Tear... 7
11. to let a Field by the Year with Special Conditions
as to the Mode of User ... ... ... ... 8
12. for the Hire of a Steam Engine and Apparatus
with the Option of Purchase ... 10
13. to let a House and Shop by the Year, the Bent
being Payable in Advance, and the Tenant to
have the Option of purchasing the Landlord's
Lease ... 12
14. to let a Slaughter House by the Year 14
15. to let a Theatre for a Term, Surety Guaran-
teeing Bent, &c. ... ... ... ... ... 14
16. for the Sale of a Dwelling House in Course of
Erection, and the Benefit of an Agreement for a
Lease ... ... ... 19
17. for the Sale of a Leasehold Dwelling House in
the Occupation of a Tenant 20
TABLE OF CONTENTS.
PAGE
18. Agreement for the Sale of a Smallware Business, Stock-in-
Trade, Fixtures, and Effects 20
19. for the Purchase of a Public-house Lease and for
Services as Barman meanwhile ... 21
20. for the Sale of a Public-house Lease, Goodwill,
and Fixtures ... 23
21. for the Sale of Freehold Land 26
22. for the sale of Freehold Land, Incorporating by
Reference Public Sale Conditions of a Local
Law Society (concise form) ... ... ... 30
23. to rescind a Contract ... ... 31
24. altering Terms of an Agreement ... ... ... 32
25. giving the Option of Purchasing a Share in a
Partnership and for Services meanwhile ... 33
26. for the Services of a Foreman and General
Manager with House rent free ... ... ... 36
27. for the Services of a Foreman, General Manager,
and Overlooker at a Weekly Salary and per-
centage on profits ... 39
28. for the Services of an Agricultural Superintendent
for an Estate Abroad ... ... 42
29. for an Ale and Porter Agency ... 45
30. between Co-owners for the Management of a Mer-
chant Vessel ... ... ... ... ... 47
31. for Testing and "Working a Patented Invention ... 52
32. for the Services of an Assistant ... ... ... 55
33. for the Services of Husband and Wife at a Con-
cert Hall : 56
34. for the Services of a Commission Agent ... ... 58
35. to refer to a Sole Arbitrator (concise form) ... 60
36. ' to refer Disputes touching the Construction of
Agreements ... ... 62
37. to refer the Terms of a Dissolution of a Partner-
ship to two Arbitrators and an Umpire... ... 64
38. under Seal declaring the User of Lights to be on
Sufferance 66
39. on paying an Execution out of a Dwelling House 68
40. between Partners that they are jointly interested
in a Lease ... ... ... ... 69
ASSIGNMENTS.
41. Absolute Assignment of a Leasehold Dwelling House ... 70
42. of a Public-house Lease, Licences and
Fixtures 72
TABLE OF CONTENTS.
PAGE
43. Absolute Assignment of Household Furniture and Effects in
Part Satisfaction of a Judgment
Debt 75
44. Assignment by Creditors of their Debts in Consideration of
an Immediate Composition ... ... ... 77
45.. of Shares in a Building Society ... ... ... 80
ATTESTATIONS.
(I.) Deeds.
46. Attestation, Common Form ... ... ... ... ... 81
47. by an Attorney 82
48. by a Blind Party 82
49. by a Deaf and Dumb Party 82
50. by a Marksman ... ... ... 82
51. where Obliterations or Erasures ... ... ... 83
52. where Interlineations ... ... ... ... 83
53. where Alterations ... ... ... ... ... 83
54.- of a Surrender of Copyholds ... ... ... 83
55. by a Company ... ... ... ... ... 84
56. of a Bill of Sale 84
(II.) Wills.
57. Common Form ... ... ... ... ... 84
58. where the Testator is Deaf and Dumb ... ... 85
59. where the Testator is Blind 86
60. where Another signs for the Testator ... ... 86
61. where the Testator Acknowledges Will 86
62. where the Testator a Marksman ... ... ... 87
AUTHORITIES.
63. Authority to hold Furniture assignedby a BiU of Sale ... 87
64. to convey Land in respect of 1 Stare's ... ... 88
65. to use Notices for transferring Licences 88
66. to pay Consideration Money to a Solicitor ... ... 89
67. by Cestui que Trusts to Trustees to postpone Sale 89
68. to a Trustee and Executor to Sell ... ... ... 91
69. by a Wife to Trustees to advance Husband Money 92
70. to Distrain for Rent 93
CONTRACTS.
71. Building Contract 94
72. Contract for the Erection of Dwelling Houses 102
73. with a Sub-Contractor Ill
74. for altering Premises ... ... ... ... ... 112
75. for pulling down Premises ... ... 113
TABLE OF CONTENTS.
PAGE
DECLARATIONS OF TRUST.
76. Declaration of a Person's Name being used in Trust for
another ... ... ... ... 115
77. as to Shares in a British Ship being held in
Trust 116
78. by an Executor of Pilot-boat Shares being held
in Trust for himself and Co-executors . . . 116
79. by a Mortgagee of Mortgage Money being
Trust Money 117
EQUITABLE MORTGAGES.
80. Equitable Mortgage of Interest under Contract to secure
existing Debt and future Advances 118
81. by Partners of Premises subject to a
prior Legal Mortgage ... ... 121
82. by a Mortgagee of Interest under
Mortgage, and giving priority ... 123
83. by a Deposit of Deeds 124
84. ' of Deeds given with a Promissory
Note 125
85. Letter accompanying a Deposit of Title Deeds with
Bankers for securing a Floating Balance of
Account ... ... ... ... ... ... 127
86. Equitable Mortgage by a Publican to a Brewer with whom
he Deposits a Copy of his Lease . . . 128
87. Further Charge for a present and future
Advances ... 133
GUARANTIES.
88. Guaranty for a Loan 135
89. for Payment of Bent 136
90. for Payment of a Debt in respect of Goods ... 136
91. for the due Performance of a Manager's Duties... 137
92. toaBank 139
INDEMNITIES.
93. Indemnity to a Surety of a Composition ... ... ... 140
94. to a Person permitting the Use of his Name in
carrying on a Business 141
LEASES.
95. Lease of Building Land ... 142
96. of a Dwelling House 147
97. of a Dwelling House and Fixtures (concise form) ... 151
98. of a Public House by a Freeholder 152
TABLE OF CONTENTS.
PAGE
99. Lease of a Public House, Fixtures, and Music Hall by a
Leaseholder (the Rent increasing and being Pay-
able in Advance, and the Tenancy Determinable
at the End of any Tear) 157
LETTERS OF LICENCE.
100. Letter of Licence to a Debtor froin his Creditors .
1A1 '- A A TV i i J? '"xl ' T j.
101. to two Debtors from their Joint
Creditors 165
LICENCES.
102. Licence from a Lessor to assign absolutely ... 168
103. from a Lessor to assign by way of Mortgage ... 168
104. by Mortgagees to grant a Lease ... ... ... 169
MEMORIALS.
105. Memorial to the Commissioners of Inland Revenue to stamp
a Deed without or with a mitigated Penalty . . . 170
106. to the Commissioners of Inland Revenue to stamp
a Deed after an alteration in the Date 171
107. for the Grant of a Certificate of Naturalization ... 172
NOTICES.
108. Notice to a Yearly Tenant to quit 174
109. to a Lessee to repair ... ... ... ... ... 175
110. by a Landlord to Sheriff of Unsatisfied claim for
Rent 176
111. by a Lessor to determine a Lease for Breach of
Covenants and Non-payment of Rent ... ... 176
112. by Vendors to Tenant of a Purchaser (who failed to
perform his Contract) to pay Rent to them ... 177
113. of an Application to Justices to eject a Tenant
holding over ... ... ... ... ... ... 178
114. of the Dissolution of a Partnership for the Gazette 179
115. by a Mortgagee to a Tenant to pay Rent to him ... 180
116. by Executors to Creditors to send in Claims, and to
Persons indebted to pay (concise form) ... ... 181
117. to Creditors under 22 & 23 Yict. c. 35, s. 29 ... 181
118. a shorter Form of a similar Notice ... ... ... 183
119. of the Adoption of an Additional Surname ... ... 183
120. to an Executor of an Assignment of Interest under
Will ... 184
121. of an absolute Assignment of Interest in a Life
Policy ... 184
122. of an Assignment of the Equity in a Life Policy ... 185
123. of a Mortgage of a Life Policy 185 ,
xii TABLE OF CONTENTS.
PAGE
124. Notice to a Mortgagee of a Second Mortgage of Freeholds 186 .
125. to a Depositary of a Charge on a Lease ... 187
126. demanding Payment of Money (payable on demand)
under a Bill of Sale 187
127. demanding Possession of Goods ... ... ... 188
128. of Claim to Goods seized under a Bill of Sale, or a
Writ of Execution 189
129. to a Builder to proceed according to his Contract ... 189
130. to determine a Partnership ... ... ... ... 190
131. to Carriers by a Yendor of Goods not to deliver
same to the Purchaser ... ... ... ... 190
132. of the Transfer of a Mortgage Debt by a Marriage
Settlement 191
133. to a Trustee of an Appointment by a Married
Woman of her Share and Interest under Will . . . 193
134 to a Yendor of Land contracted to be sold of Charge
by the Purchaser ... ... ... 193
135. to Yendors of Land contracted to be sold of Further
Charge by the Purchaser ... ... 194
PARTNERSHIP ARRANGEMENTS.
136. .Articles of Partnership ... ... ... ... ... 195
137. Receipt for the Purchase Money of Half-interest in a
Business, and explaining Articles of Partnership 201
138. Memorandum cancelling Articles of Partnership ... ... 202
139. Deed of Dissolution of Partnership ... 203
POWERS -OF ATTORNEY.
140. Power of Attorney from Partner to draw Bills (concise form) 208
141. to obtain Letters of Administration to
two Estates 209
142. to dissolve a Partnership... ... ... 210
143. from Partners to manage their Business
Abroad 212
144. from a Mortgagee of Hereditaments
Abroad to enter and sell 214
145. from Trustees under a Deed of Assign-
ment to collect Portions of the Trust
Estate 216
146. from an Owner as to the Sale and
Management of a Merchant Yessel . . . 217
147. from Cestui que Trust to act in respect
of his Share under Will 218
148. from Partners to recover a Debt due
from a foreign firm ... 220
TABLE OF CONTENTS.
PAGE
RECEIPTS.
149. Receipt for Consideration Money ... ... ... ... 223
150. for the Purchase Money of Stock-in-Trade and
Effects 223
151. for a Composition on a Debt, and Undertaking to
execute Release ... ... ... ... ... 224
152. for a Composition paid by a Trustee, and Under-
taking by Creditors to execute Release ... ... 224
153. for a Dividend paid by Trustees under a Deed of
Assignment to Creditors ... ... ... ... 225
154. by a Mortgagee for Deeds ... ... ... ... 226
155. by a Legatee for his Share of Residuary Estate . . . 226
156. for Moneys secured on Mortgage and Undertaking
to transfer ... ... ... ... ... ... 227
RECITALS.
157. Recital of a Lease 227
158. of a Mortgage of a Lease ... ... 228
159. of a Second Mortgage of a Lease ... ... ... 228
160. of a Transfer of a Second Mortgage of a Lease . . . 229
161. of no Sale having taken Place under a Mortgage ... 230
162. of no Reconveyance having been Executed ... ... 230
163. -of a Contract and Sub-contract for Sale ... ... 230
164. of Amounts due on Mortgages and Agreement to
pay off same out of Purchase Money
165. of a Contract with a Party deceased...
166. of a Will and Devise of Residue
167. of Codicils not affecting a General Devise
168. of a Death and Probate of a Will and Codicils
169. of a Death and Probate of a Will and Codicil the
latter whereof did not affect the Will as recited 233
170. of a Request to Convey 233
171. of a Judgment obtained against a Mortgagor . . . 233
172. of aii Action having been commenced against a
Mortgagor 233
173. of Liability on Promissory Notes ... 234
174. of a Policy of Life Assurance ... ... ... 234
175. of a Mortgage of a Policy of Life Assurance ... 235
176. of a Contract for Purchase of a Policy of Life
Assurance ... ... 235
177. of an Appointment of Leaseholds by a Will ... 235
178. - - of a Death and Probate of a Will by one Executor 236
179. of Executor's Assent to a Bequest ... ... ... 236
180. of a Deposit of a Lease ... ... ... ... 236
181. of a Mortgage of Leaseholds to a Building Society 236
xiv TABLE OF CONTENTS.
PAGE
182. Recital of a Memorandum of Further Charge to a Building
Society 237
183. of a Contract for Sale of Freeholds in Considera-
tion of an Annuity ... ... ... ... ... 238
184. of a Bond given as collateral Security 238
185. of Indebtedness on an Award... ... 238
186.- - of a Deposit of Deeds 239
187. of an Agreement that Purchase Money should be
paid to Mortgagees in Part Satisfaction ... ... 239
188. of Mortgagees having consented to release Land ... 239
189. of an Auction Sale of Leaseholds by Executors ... 240
190. of a Purchase having been made on a Joint Account 240
191.- - of a Partnership 240
192. of a Disclaimer 241
193.- - of Ownership of Fixtures, &c 241
194. as to Production of Deeds 241
195. - of a Lease being Partnership Property 242
196. of an Agreement to assign a Lease on the Dissolu-
tion of a Partnership ... ... ... ... 242
197. of an Agreement for a Partition of Freeholds ... 242
198. of the Dissolution of a Partnership ... ... ... 243
199. of an Agreement to accept a Surrender of Lease-
holds 243
200. of an assignment for Benefit of Creditors ... ... 244
201. of an Enfranchisement under the Copyhold Acts . . . 245
202. of a Conveyance to Uses to bar Dower subject to
Reservations and Restrictions ... ... ... 246
203. ' of a Reconveyance ... ... ... 246
RELEASES.
204. "Release by Creditors of an Intestate on Payment of a Com-
position by Administrator ... ... ... ... 247
205. by Creditors to Attorney of their Debts against his
Principal on Payment of a Composition ... ... 249
206. from a Debt owing by a Firm ... ... ... 251
207. between a Purchaser and a Vendor ... 252
208. to a Mortgagee of the Equity of Redemption in
Freeholds by the Parties entitled under the Will
of a deceased Mortgagor 253
^09. of an Annuity charged on Land ... ... ... 255
STATUTORY DECLAEATIONS.
210. Declaration by an Attesting Witness to a Notice of Disso-
lution of Partnership ... ... ... ... 257
TABLE OF CONTENTS.
PAGE
211. Declaration by an Attesting "Witness to the Execution of a
Deed 258
212. by a Vendor that Hereditaments to be comprised
in Conveyance are Unincumbered ... ... 259
213. by a Mortgagor of Chattels that they^are Unin-
cumbered... ... 259
214. as to the Identity of a Plot of Land 260
215. by a Husband that his Deceased Wife had no
Separate Estate ... ... ... ... ... 261
216. by an Attesting Witness to the Execution of a
Power of Attorney 262
217. in Proof of Debt to accompany a Power of
Attorney 262
218. as to change of a Building Society's Trustees... 263
219 as to a Death 265
220. in Proof of Heirship 265
221. verifying a Certificate of Baptism, Marriage,
or Death, and the Identity of the Person
named therein ... ... 268
222. in Verification of a Memorial 268
223. by a Memorialist verifying the Statements in
his Memorial for the Grant of a Certificate of
Naturalization ... ... ... ... ... 269
224. by four Householders vouching for the Respect-
ability and Loyalty of a Memorialist for the
Grant of a Certificate of Naturalization . . . 269
SURRENDERS.
225. Surrender of a Lease from Mortgagor, Mortgagee, and
Purchaser to a Corporation ... ... 271
226. of a Portion of the Premises comprised in a -
Lease, an Abatement being made in the
Rent 275
227. of an Existing Right of Way in Exchange for
a New Right of Way ; ... 277
TESTIMONITJMS.
(I.) Simple Contracts.
228. Testimonium, Common Form 279
229. by a Company 279
(II.) Deeds.
230. Common Form 279
231. to Lease and Counterpart ... ... ... 279
232. to a Deed Poll . 280
xvi TABLE OF CONTENTS.
PAGE
233. Testimouium to au Indenture executed by an Attorney . . . 280
234. by a Company 280
235. by a Corporation ... ... 280
(IU.) Wills.
236. Common Form 280
237. where Will written on several Sheets of Paper 281
UNDERTAKINGS.
238. Undertaking by Creditors to accept a Composition and to
execute a Release or an Assignment of their
Debts 281
239. to Stamp a Deed 282
240. to Deposit an Agreement for Tenancy and to
execute a Mortgage ... ... ... ... 282
241. by a Borrower to pay a Lender's Costs, if Loan
gooff 282
242. by Solicitors in a Bankruptcy to a Landlord on
his withdrawing Bailiffs ... 285
243. by Members of a Land Society on their Direc-
tors allotting the Shares in Anticipation of
the Period for Winding-up ... ... ... 286
244. by a Mortgagee on a Mortgagor suffering
Judgment in Ejectment as Collateral Secu-
rity 287
245. by a Mortgagor on a Second Mortgagee dis-
charging a Building Society's First Mort-
gage ... ... 288
WILLS.
246. Will of Real and Personal Estate. All to Testator's Wife
absolutely (concise form) ... 289
247. of Personal Estate only. Pecuniary Legacies. Residue
to Grandchildren on Condition that none of them
marry into a certain Family with Gift over . . . 290
248. of Real and Personal Estate. Unconverted to
Daughter at twenty-one. If she die before attain-
ing that Age for Sale and Division in specified
Shares among a Cousin, a Nephew, and two Brothers 291
249. of Real and Personal Estate. Furniture and House-
hold Effects to two Sisters until Marriage or Death
of one, and then entirety to the other. Pecuniary
Legacy to a Niece at Twenty-one or Marriage.
Residue for Sale and Investment. Income to Sisters
until Marriage of one and then entirety to the
TABLE OF CONTENTS. xvii
PAGE
other. If both Sisters marry, Income to be
divided into Three Parts and paid to them and
Niece during Life. Ultimate Division of Capital
and Income into Shares among their Issue, and in
Default to Brothers and their Issue. .. 293
250. Will of a Married Woman under a Power contained in her
Father's Will, appointing Property in Favour of
her Children and Grandchildren at Twenty-one or
Marriage. In Default to Husband 296
251. of Real and Personal Estate. Furniture to Wife.
Trusts for Sale and Investment. Income to Wife
for Life, and afterwards Capital and Income to
Children equally. Ultimate trust for Sisters and
Brothers 298
252. of Widow of Real and Personal Estate. Trust for
Sale and immediate Division of Proceeds after
Payment of a pecuniary Legacy and Debts ... 300
253. of Real and Personal estate in Favour of Natural
Children. Ultimate Trust for Executors ... ... 301
254. of Widow of Real and Personal Estate. Trust for
Sale and Investment. Income to be divided
between two Daughters for separate Use for Life,
and afterwards Capital to be divided between their
Children. If one Daughter die in the Lifetime of
the other without Issue, whole Income to Survivor
and Capital to Survivor's Children. If both die
without Issue, to Next of Kin. Provision for
Payment or Deduction of Debt due from one
Daughter's Husband to Testatrix ... 303
255. of Widow exercising a Power contained in her
Marriage Settlement appointing Property com-
prised therein, and devising other Property to
Trustees. Trust for Sale. Bequest of numerous
pecuniary Legacies with Provision against Lapse.
Residue to Brother 305
256. of Real and Personal Estate. Provisions for carry-
ing on Business, and for Sale to Sons. Annuity
or Income (in the Event of Sale) to Wife. Ulti-
mate Division of Capital and Income into Shares
among Children and Grandchildren. Full Powers
of Investment, and other usual Trustee Clauses . . . 309
257. Codicil reviving a Will revoked by Marriage, and revoking
two pecuniary Bequests, and giving an addi-
tional Legacy to two Brothers ... ... 319
6
xviii TABLE OF CONTENTS.
PAGE
258. Codicil of Widow putting a married Daughter living with
her apart from her husband on a Footing with
her unmarried or widowed Sisters, and excluding
her from Sharing in the Residue 320
259. bequeathing lapsed Legacies, and reducing and in-
creasing other Bequests ... ... 322
260. of Widow giving one of two Daughters a Power of
Appointment over her Moiety, and defeating
Right of Survivorship as declared by Will . . . 323
MISCELLANEOUS.
261. Articles of Marriage ... ... ... ... ... ... 324
262. Bond to secure faithful Discharge by an Agent of his
Duties 326
263. Certificate on Attested Copy of a Document ... ... 328
264. Conveyance to a Member of a Land Society ... ... ... 328
265. Deed of Separation. Husband to take the Children, and
allow Maintenance to Wife, who is to see Children
once a Week ... 332
266. Indenture of Apprenticeship ... 335
267. Reconveyance of Freeholds by Mortgagee to Mortgagor on
Repayment of Loan 337
268. Bill of Sale to secure a Debt and present Loan 338
269. Second further Charge by a Mortgagor to Mortgagees to
secure a Debt and further Advances ... ... ... 342
270. Post-Nuptial Settlement of a Life Policy, and Furniture for
Benefit of Wife and Children . 345
APPENDIX :
Table of Stamp Duties 353
INDEX , 366
0f Casts.
A. PAGE
Allen, Be 85
Amiss, In the Goods of 85
Anderson v. Anderson ... 85
, Whiteheadv 191
Ashton v. Blackshaw ... ... 351
Attenborough and Commissioners of Inland Revenue ... ... 124
B.
Bachelor, Brown v. .. 139
Backhouse v. Hall 139
Bailey, Be 86
Bailey v. Collett 209
Banks v. Gibson 199
Barclay, Hill v. ... 148
Barlow v. Bateman 183
Barrett, Ludbrook v. ... 106
Barrow v. Wadkin 173
Bartlett v. Pickersgill 240
Bateman, Barlow v ... 183
, Brown v. ... ... 98
Batterbury v. Vyse ... ... 106
Bayliss, Meek v. ... ... 124
Bellv. Nevin 190
Bellamy v. Saull 357
Bigge, Treloar v. 148
Bingham v. Corbitt 139
Bishop, Cox v 130
Black, Wicks v ... 81
Blackshaw, Ashton v 351
Bradbury v. Morgan 139
Bradlaugh v. De Rin 354
Bridge, Phillips v 155
Brightly v. Norton 187
Bristow v. Secqueville 222
Britnor, Re Ex parte Royle 155
Brooks v. Stuart 247
Brown v. Bachelor 139
v. Bateman ... ... 98
Bryce, In the goods of ... ... 86
Burchell v. Clark 151
Burgess v. Eve ... 139
Butler v. Hunter 112
b 2
TABLE OF CASES.
G. PAGE
Carter v. Wake 125
Casmore, Re ... ... ... ... ... ... ... ... 87
Castle v. Wilkinson ... ... ... ... ... 255
Catherwood, James v.... ... ... ... ... 222
Cattv. Tourle 160
Cave v. Mackenzie ... ... ... ... ... 240
Cavendish (Lord G-.), Doe dem. Devonshire (Duke of) v. ... 217
Chalmers v. Victors ... ... ... 139
Chaplin, Yiney v. ... ... 89
Charlesworth v. Holt 334
Cherry v. Heming ... ... ... ... ... ... ... 81
Christie v. Commissioners of Inland Revenue ... ... ... 208
Claridge, Seal v. ... ... ... 84
Clark, BurcheU v 151
Clegg v. Rowland ... ... ... ... ... ... ... 182
Cole, Holland v 159
Collard v. Sampson ... ... ... ... ... 84
CoUett, Bailey v 209
Collis v. Stack 3
Commissioners of Inland Revenue and Attenborough 124
, Christie v 208
, Phillips v 208
, Potters 208
Cooper v. Twibill 160
Corbitt, Bingham v. ... ... ... 139
CottreU, Melbourne v 284
Cowley, Littu 191
Cox v. Bishop 130
Cuyler, White v ... 81
D.
Darlington v. Hamilton ... ... ... ... ... ... 149
Davies v. Lowndes ... ... ... 183
Davies, Morgan v. ... ... ... ... ... ... ... 175
Davis v. Goodman ... ... ... ... ... 84
Dawber, Foster v 224
Delaney v. Fox 175
Deffell v. Miles 84
Dennis, Luker v. ... ... ...' ... ... 161
De Rin, Bradlaugh v 354
De St. Sauveur, Sharp v 173
Dickin, Ex parte ; Ee Waugh 98
Dobb, Westr 148,150
Dobson v. Espie 247
Doe dem. Courtail v. Thomas ... ... ... ... ... 271
Devonshire (Duke of) v. Cavendish (Lord G-.) 217
Egremont (Earl of) v. Pulman ... ... 151
Mansfield v. Peach 81
Richmond (Mayor of) v. Morphitt 174
v. Scott 175
Drybrough, Robinson v.
Dumpor's Case,., ,,. ... ... ... ... ... 168
TABLE OF CASES.
E. PAGE
Enyon, In the goods of 86
Espie, Dobson v. ... 247
Evans, Richardson v 168
Eve, Burgess v. 139
F.
Few v. Perkins 175
Fish, Longchamp v. ... ... ... ... ... ... ... 86
Foster v. Dawber 224
Fowler v. ... ... ... 351
Shawv 125,193
Fowler v. Foster 351
Fox, Delaney v. 179
Freeman, Pasley v ... ... 106
Furber, Warrington v. ... 135
G.
G-andy, Gott t> 149
Garry v. Sharratt 122
Gibson, Banks v. ... ... 199
Glover v. Halkett 135
Goodman, Davis v ... 84
Goss v. Nugent (Lord) 247
Gottv. Gandy 149
Gregg, Moore v. 130
Gurney v. Gurney 85
Gye, Lumley v. 106
H.
Halkett, Glover v 135
Hall, Backhouse v 139
v. Hall 3
, Keech v 169
Hamilton, Darlington v. ... ... ... ... ... ... 149
v. Hector 334
Hayman, Remon v. ... ... ... ... ... ... ... 355
Harrison, Re ; Ex parte Jay 101
Meads 98
Hartley, Phillips v 354
Haynes, Be ; Ex parte National Mercantile Bank 84
Heard v. Pilley 240
Homing, Cherry v 81
Hector, Hamilton v. ... 334
Henderson, Oastler v 271
Hewson, Holcombe v 160
Higgins, Lyall v 137
Hifl v. Barclay 148
Hirst v. Horn 175
Holcombe v. Hewson ... ... ... 160
Hollands Cole 159
, Littler v 247
Hollingsworth, Vicarino v 87
xxii TABLE OF CASES.
PAGE
Holt, Charlesworth v 334
Hopwood, Howe v. ... ... 2
Horn, Hirst v ... 175
House Property Investment Company, Sear v. 148
Hunt v. Hunt 333
Hunter, Butler v ... ... 112
Hyde v. Warden 150
I.
Isaac, Mayers 139
J.
Jackson v. Nichol ... ... ... 191
Peases 288
James v. Catherwood 222
v. James ... ... 125
Jay, Ex parte ; Be Harrison ... ... ... ... 101
Jenkins, In the goods of ... ... ... ... ... ... 86
Johnson v. Nicholls ... ... ... ... ... 139
Jones v. Mills 174
K.
Keechv. Hall 169
King, Watson v 209
L.
Lake, Williams v 135
La Riviere, Stokes v. ... ... ... 191
Laurie P. O. of the Union Bank v. Scholefield 139
Lehmann v. Me Arthur ... 148
Litt v. Cowley 191
Littler v. Holland 247
London and North Western Railway Company v. Walker 100, 189
Longchamp v. Fish ... 86
Lowndes, Davies v. ... ... 183
Ludbrook v. Barrett 106
Luker v. Dennis ... 161
Lumley v. Gye ... ... 106
Lumley, Ward (Lord) v 271
Lyall V. Higgins ... 137
M.
Me Arthur v. Lehmann ... ... 148
Mackenzie v. Cave ... 240
Makin v. Watkinson ... ... 175
Martin v. Wright 139
Massey v. Sladden and others 187
Mayer v. Isaac 139
Meads, Ex parte ; Re Harrison 98
Meakin, Eeg. v. ... 259
Meek v. Bayliss ... ... 124
Melbourne v. Cottrell ... 284
TABLE OF CASES.
PAGE
Midland Banking Company, Ex parte ; Re Sellers 140
Miles, Deffell v 84
Mills, Jones v. ... ... ... ... ... 174
Moore v. Gregg ... ... ... ... ... ... ... 130
Morgan, Bradbury v. ... ... ... ... ... ... ... 139
v. Davies ... ... ... ... ... ... ... 175
Morphitt, Doe dem. Richmond (Mayor of) v. ... 174
N.
National Mercantile Bank, Ex parte ; Be Haynes ... ... 84
Nevin, Bell v ... 190
Newton v. Sherry 182
Nichol, Jackson v ... 191
Nlcholls, Johnson v. ... ... ... 139
Norman v. Thompson 224
Norton, Brightly v 187
v.Powell 137
Nugent (Lord), Gross v. ... 247
O.
Oastler v. Henderson 271
Olive, Stephens v. ... ... ... 335
Owston, Be ... 85
P.
Pasley v. Freeman ... ... 106
Peach, Doe dem. Mansfield v. 81
Pease v. Jackson ... ... ... ... 288
Peckham v. Taylor 115
Perkins, Few v. 175
Phene v. Popplewell 271
Phillips v. Bridge 155
Phillips v. Commissioners of Inland Revenue ... 208
v. Hartley 354
PickersgiU v. Bartlett 240
Pilley, Heard v 240
Popplewell, Phene v. 271
Potter v. Commissioners of Inland Revenue 208
Powell, Norton v 137
Priestner, Wood and another v 139
Prosser v. Rice 288
Pulman, Doe dem. Egremont (Earl of) v 151
R.
Ray, West v 84
Rayner, Saffron Walden Second Benefit Building Society v. ... 192
Reg. v. Meakin ... ... 259
Remon v. Hayman ... 355
Rice, Prosser v. ... ... ...
Richardson v. Evans ... 168
Roberts, Smith v. ...
Robinson v. Drybrough ... 355
Rowe v. Hopwood ... 2
xiiv TABLE OF CASES.
PAGE
Rowland, Clegg v 182
Scott v 199
Rowlinson, Timmins v. ... ... ... ... 174
Boyle, Ex parte ; Re Britnor ... ... ... 155
Bussel v. Bussel ... ... ... 134
Russell, Webb v ... 169
S.
Saffron Walden Second Benefit Building Society v. Bayner . . . 192
Sampson, Collard v. ... ... ... ... ... ... ... 84
Sanders, Smart v ... ... ... 209
Saull, BeUamy v 357
Scholefield, Laurie P.O. of the Union Bank v 139
Scott, Doe v 175
v. Bowland 199
Seal v. Claridge ... ... ... ... ... ... ... 84
Sear v. House Property Investment Company ... 148
Secqueville, Bristow v. ... ... ... ... ... ... 222
Sellers, Re ; Ex parte Midland Banking Company ... ... 140
Sharratt, Garry v 122
Shaw V.Foster 125,193
Sharp v. De St. Sauveur ,. . 173
Sherry, Newton v, ... ... ... ... ... ... ... 182
Sladden and others, Massey v. 187
Smarts. Sanders ... ... 209
Smith v. Boberts ... 86
Smith, Tatlock v 224
Solvency Mutual Guarantee Company v. York 139
Stack, Collisv 3
Stapilton v. Stapilton ... 89
Stephens v. Olive 335
Stokes v. La Biviere ... ... ... ... 191
Stuart, Brooks v. ... ... ... 247
T.
Tatlock v. Smith 224
Taylor, Peckham v ... 115
Tempest v. Tempest 85
Thomas, Doe dem. Courtail v. ... 271
Thompson, Norman v ... 224
Timmins v. Bowlinson ... 174
Toms v. Wilson 187
Tourle, Catt v 160
Treloar v. Bigge 148
Twibill, Cooper v. ... ... 160
V.
Vansittart v. Vansittart 334
Vicarino v. Hollingsworth 87
Victors, Chalmers v. ... ... 139
Viney v. Chaplin 89
Vyse, Batterbury v 106
TABLE OF CASES.
W. PAGE
Wadkin, Barrow v. ... ... ... ... 173
Wake, Carter v 125
Wakeford, Wright v 81
Walker, In the goods of ... ... ... ... ... ... 87
v. London and North Western Railway Company 100, 189
Walrond v. Walrond ... 334,335
Walsh v. Whitcomb 208
Ward (Lord) v. Lumley 271
Warden, Hyde v 150
Warrington v. Furber 135
Watkinson, Makin v. ... ... ... ... ... ... ... 175
Watson v. King 209
Watton, Wharton v 135
Waugh, Be; Ex part e Dickin ... 98
Webb, Re 85
Webb v. Russell 169
Weightman, Wood v. . . . ... ... ... ... ... ... 182
Wests. Dobb 148,150
West v.Ray 84
Wharton v. Watton 135
Whitcomb, Walsh v 208
White v. Cuyler 81
Whitehead v. Anderson 191
Wicks v. Black 81
Wilkinsons. Castle ... ... ... ... ... ... ... 255
Williams?;. Lake 135
Wilson, Toms v 187
Wintle,Ee 266
Wood and another v. Priestner 139
Wood v. Weightman 182
Wright, Martin v 139
v. Wakeford 81
T.
York, Solvency Mutual Guarantee Company v ... 139
Page 180, note (a), add "The Gazette authorities have now
arranged to dispense with the declaration of identity in those cases
where the notice of dissolution is attested by a country solicitor whose
name appears in the current Law List."
EVERY-DAY PRECEDENTS
CONYEYANCINGL
1. Acknowledgment by a Mortgagee of the Receipt Precedent
of Title Deeds. JL
A SCHEDULE of Title Deeds and documents relating to Receipt for
hold hereditaments situate at , in the
county of , belonging to A.B., of &c. [mortgagor] ,
and mortgaged by him to me for securing and
interest.
[Here insert the dates and descriptions of and the
parties to the various title deeds and documents in
chronological order.]
I HEREBY ACKNOWLEDGE that I hold the above-mentioned
deeds and documents as mortgagee, (a) and undertake to
(a) A mortgagee is not bound to produce his mortgage deed, or,
indeed, any of the deeds in his possession, to the mortgagor, or any
person claiming under him, until payment of the principal and
interest due and his costs, though the application be made bond fide
only to obtain information with a view to paying off the mortgage :
(Smith's Man. of Eq. 12th ed., 330.)
B
PRECEDENTS IN CONVEYANCING.
return the same to the said A.B., his heirs [appointees]
or assigns [or, if leasehold, his executors, administrators,
or assigns], on payment of the principal and other
moneys secured (damage by fire or inevitable accident
excepted) .
DATED the day of 18 .
C.D. [mortgagee}.
Precedent 2. Acknowledgment of Title.
2.
To A.B. of &c. [owner] .
Acknowiedg- J HEEEBY ACKNOWLEDGE that the piece of land situate at
ment of title. ,, , , .
, in the county ot , and now in my
occupation, and used by me for the purpose of &c. [state
user"], is occupied and used by your permission. AND I
UNDERTAKE to deliver up possession thereof to you at any
time on demand, (a)
DATED the day of 18 .
C.D. [occupier] .
Precedent 3. Acknowledgment of a Statute-barred Debt.(b]
3.
Acknowledg-
ment of a
statute-
barred debt.
To A.B., of &c. [creditor'] .
I HEEEBY ACKNOWLEDGE that I am indebted to you in the
sum of , with [if so] interest thereon after the
rate of per cent, per annum, for &c. [here
(a) See 3 & 4 Will. 4, c. 27, s. 14, and 37 & 38 Viet. c. 57.
(&) See 9 Geo. 4, c. 14, which enacts that no acknowledgment or
promise by words only shall be deemed sufficient, and that the
acknowledgment must be in writing, signed by the party charge-
able. As to the construction of which statute, see Rowe v. Hop-
wood (38 L. J. Q. B. 1 ; L. Rep. 4 Q. B. 1). By 19 & 20 Viet. o.
97, s. 13, however, an acknowledgment is good if signed by the duly
authorised agent of the principal. As to ratification of an infant's
contract, see 37 & 38 Viet. c. 62.
A CKNO WLEDGMENTS.
insert consideration], AND I UNDERTAKE to pay the same
on request, (a)
DATED the day of 18 .
C.D. [debtor].
4. Acknowledgment that an Irrevocable Voluntary precedent
Settlement has been Explained. (Written 4 -
on the fold of the draft and signed by the
client.) (b)
I HEREBY ACKNOWLEDGE that the deed, Of which this is the Acknowledg-
draft, has been carefully read over to me by Mr. W., who settlement
has fully explained the provisions of the same, which are ex P lained -
according to my wishes. I understand that the said
deed is irrevocable, and I do not desire to reserve to
myself any power of revoking or altering the trusts of
such deed.
Dated the day of 18 .
A.B. [settlor].
5. Acknowledgment that a Surrender of Copy- Precedent
holds to Mortgagees never Acknowledged. 5m
(Endorsed on the engrossment of the cove-
nant to surrender.)
We, the within-named A.B. and C.D. [mortgagees'] Acknowiedg-
hereby admit and acknowledge that the surrender in the surrender not
within written indenture mentioned as prepared and ackn owledged.
engrossed was not in fact ever acknowledged, and that
(a) This latter clause is not absolutely necessary if the acknow-
ledgment is so distinct that a promise to pay may be reasonably
inferred: (Collis v. Stack, 1 H. & N. 605; 26 L. J. Ex. 138.)
(6) See on this subject Hall v. Hall (42 L. J. Ch. 444 ; L.
Rep. 8 Ch. 430) ; also Smith's Man. of Eq. 12th ed., 117, as to the
duty of the solicitor to the settlor, or for both parties in the matter
of such settlements.
B 2
4 PRECEDENTS IN CONVEYANCING.
all the principal moneys and interests intended to have
been secured by such surrender have been fully paid and
discharged.
Dated the day of 18 .
A.B.
C.D.
Precedent 6. Acknowledgment by a Mortgagor that he is
6 Tenant to Mortgagee.
To A.B., of &c. [mortgagee] .
Attornment I HEREBY ATTORN and become tenant to you of ALL THAT
& c - [parcels], with the appurtenances thereunto belong-
ing, at the yearly rent of , payable in advance, for
the purpose of enabling you forthwith to obtain a judg-
ment in the Queen's Bench Division of the High Court
of Justice in an action of ejectment, to be commenced
by you as landlord against me as tenant. AND I UNDER-
TAKE to suffer judgment to go by default in the said
action, and that I will not at any time seek or attempt
to set aside the said judgment or any writ of possession
or other execution to be issued thereunder.
DATED the day of 18 .
C.D. [mortgagor'] .
Precedent 7. Agreement to let a Dwelling House by the
7 - Month.
Parties. AN AGREEMENT made, &C., BETWEEN A.B., of &C. [land-
lord], of the one part and C.D. of &c. [tenant], of the
other part. WHEREBY the said landlord lets, and the
said tenant takes, the DWELLING HOUSE, No. in
Parcels. Street, in the parish of , from the date
AGREEMENTS.
hereof, as tenant from month to month, at the rent of
, per calendar month, payable always in advance, Rent.
clear of all deductions except property tax. AND IT is
AGEEED that the said tenant shall make good all damage Tenant to
done to the windows, doors, shutters, and other fixtures dMnag^?
belonging to the said dwelling house while in his occu-
pation (reasonable wear and wear and accidents through
fire and tempest only excepted) . AND THAT the tenancy Notice to
hereby created shall be determinable at one calendar determme -
month's notice in writing by either landlord or tenant.
As WITNESS, &c.
8. Agreement to let a Cellar by the Year. Precedent
P
AN AGREEMENT made, &c., BETWEEN A.B., of &c. [land- L
lord'}, of the one part, and C.D., of &c. [tenant}, of the Parties '
, , - m -j A T, i T. i , -1 IT. j Witnesseth.
other part. THE said A.B. hereby lets, and the said
C.D. takes, THE CELLAR, No. , in Street, Parcels.
from the day of 18 , as tenant
from year to year, at the rent of per year, payable Kent.
quarterly in advance, the said C.D. paying all rates,
taxes and assessments in respect thereof, except property
tax, and making good all damage done to the said cellar Tenant to
during his tenancy (reasonable wear and tear and acci- d
dents from fire excepted) (a). As WITNESS, &c.
9. Agreement to let a Furnished House by the Precedent
Month. 9 -
AN AGREEMENT made, &c., BETWEEN A.B. of &c. [land- Parties.
lord~\, of the one part, and C.D. of &c. [tenant], of the
(a) If the cellar is likely to be used for the purpose of storing
combustible or explosive goods, it would be prudent to limit the
exception to " wear and tear," unless additional rent be paid for the
risk.
I
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Parcels.
Eent.
Tenant to
deliver up
premises.
Notice to
determine.
Proviso for
re-entry.
other part. WITNESSETH that the said A.B. hereby lets,
and the said C.D. takes, THE DWELLING HOUSE No. , in
Terrace, with the appurtenances and
the furniture, articles, and effects therein, which are
specified in a schedule or inventory thereof now signed
by the said parties hereto, from the day of
, as tenant from lunar month to lunar month, at the
rent of per week, payable every lunar month in
advance, the first of the said monthly payments being
due on the signing hereof, the said A.B. paying all rates
and taxes in respect of the said dwelling house except
the gas and water rates. AND IT is AGREED that the said
C.D. shall deliver up the said premises and furniture,
articles, and effects at the expiration of the said tenancy
in as good a condition as the same are now in (reason-
able wear and tear and damage by fire and tempest only
excepted), and shall and will duly replace and repair all
such parts thereof as may be destroyed or injured by the
said C.D., his family or servants, during his occupation
of the said premises. AND THAT the tenancy hereby
created shall be determinable at one lunar month's notice
by either the said A.B. or C.D. AND THAT if any
monthly payment of the said rent shall be in arrear and
unpaid for days after the same shall have accrued
due, it shall be lawful for the said A.B. to re-enter upon
the said premises and to use and pursue all such ways
and means and adopt all such measures as may be
deemed necessary or expedient for the purpose of effect-
ing such entry by force or otherwise, as occasion may
require, and without the necessity of commencing any
action of ejectment or other action whatsoever, to expel
and remove the said C.D. and all other occupiers of the
said premises, and his and their goods, chattels, and
effects, without being liable for any loss, costs, damages
or expenses, action or suit, for so doing, and the said
premises to have again and enjoy as if these presents
AGREEMENTS.
had not been made ; and thereupon this agreement shall
cease and determine, but such entry shall not impeach,
defeat, or prejudice any claim or right of action or other
remedy for arrears of rent which the said A.B. might by
law have had if no such entry had been made, anything
herein contained to the contrary notwithstanding. As
WITNESS, &c.
10. Agreement to let an Office by the Year. precedent
MEMORANDUM OF AGREEMENT made, &c., WHEREBY the
undersigned A.B. [landlord] agrees to let, and the Parties.
undersigned C.D. [tenant] agrees to take, THE DOUBLE
OFFICE belonging to the said A.B., and now in the occu- Parcels,
pation of the said C.D., in the building at the corner of
Street and Arcade, being at the back
of shop No. in Street, , aforesaid,
at the yearly rent of , payable quarterly, on the Rent.
day of , the day of ,
the day of , and the day of
in every year, the first quarter's rent being payable on Tenant to
the day of next. THE said C.D. is to j^s^ 68 and
pay all rates and taxes payable in respect of the premises
during his tenancy, and to keep the said premises in
good and tenantable order and repair, and in such good TO repair,
order and repair to leave them at the end of his tenancy
(reasonable wear and tear and damage from inevitable
accident excepted), and not to make any alteration in the Not to make
said premises during his tenancy without the previous a
written consent of the said A.B. nor to assign, underlet, Nor assign,
or otherwise part with the possession of the said pre-
mises, or any part thereof, without such consent as afore-
said. AND IT is AGREED that the tenancy of the said Notice to
C.D. may be determined at the end of any of the before- *
mentioned quarter days by either party giving to the
other three months' previous written notice of his inten-
8
PRECEDENTS IN CONVEYANCING.
Proviso for
re-entry.
tion to determine the same. AND THAT if the said C.D.
shall during his tenancy assign, underlet, or otherwise
part with the possession of the said premises, or any
part thereof, to any person or persons without such
consent as aforesaid ; or if the said C.D. shall become
bankrupt, or execute any deed of assignment for the
benefit of, or compound with, his creditors, or shall have
any execution issued against him, then, on any of such
events occurring, the tenancy hereby created in the
said premises shall wholly and absolutely cease and be
at an end ; and the said A.B. shall have full right and
power to re-enter and take possession of the said pre-
mises, and therefrom to remove and put out the said
C.D., or any person or persons claiming through him.
AS WITNESS, &C.
Parties.
Witnesseth.
Precedent 11. Agreement to let a Field by the Year with
11- Special Conditions as to the Mode of User.
AN AGEEBMENT made, &c., BETWEEN A.B., of &c. [land-
lord], of the one part, and C.D., of &c. \tenant~\ } of the
other part. WHEEEBY the said parties hereto agree the
one with the other of them, as follows :
1. The said A.B. shall let and the said C.D. shall
take from the day of 18 , as
yearly tenant, the field or piece of ground belong-
to the said A.B., situate at and leading out
of Lane, in the country of , at
the annual rent of clear of all deduc-
tions (except property tax), payable quarterly,
in advance, the first of such payments being due
on the signing hereof, except and always reserving
unto the said A.B., his heirs, assigns, and under-
tenants, such portion of the said field as is at
present fenced off and used as a kitchen garden
Parcels.
Bent.
Exception.
AGREEMENTS. 9
by the occupier of Villa, and the hen-
neries and outhouses belonging thereto.
2. The said C.D. shall, during the whole of his Tenant t
tenancy, at his own expense, repair and keep in re
repair the gates, fences, and hedges of the said
field, and empty, cleanse, and scour the drains
and ditches thereof, and at all times exclusively
use the gateway at the side of the said
field, leading out of Road, for the pur-
pose of ingress and egress, both for cattle, servants,
and others, and shall forthwith securely fasten
up, or keep padlocked, the gate leading up out
of Lane, aforesaid.
3. The said C.D. shall not assign his present tenancy, Not to assign.
nor sub-let the said field, or any part thereof, to
any person or persons, without the -previous
written consent of the said A.B., his heirs or
assigns.
4. If any quarterly payment of the said rent shall be Power of re-
unpaid for the space of days after the en
same shall have accrued due, or if the said C.D.
shall fail to repair, and keep in repair, the said
gates, fences, and hedges, or any of them, or
neglect to empty, cleanse, and scour the said
drains or ditches, or use any gateway other than
as aforesaid, or shall assign or sublet without
written consent, or shall become bankrupt, then
on the occurrence of any such event the tenancy
hereby created shall be at an end, and the said
A.B., his heirs and assigns, shall have full right
and power to re-enter and take possession of the
said field, and therefrom to put out the said C.D.,
his chattels and servants.
5. The said C.D. shall forthwith fence off, or other- Tenant to
wise sufficiently protect against injury, the whole e xcepted
of the said henneries and outhouses, and shall P ar ts f
premises.
PRECEDENTS IN CONVEYANCING.
from time to time make good and repair any
damage done by him to the same during the
continuance of his tenancy (a) As WITNESS, &c.
Parcels.
Precedent 12. Agreement for the Hire of a Steam Engine
i?I and Apparatus, with the Option of Purchase.
Parties. AN AGREEMENT made, &C., BETWEEN A.B., of &C.
[owner], of the one part, and C.D., of &c. [hirer], of
Witnesseth. the other part. WITNESSETH that the said parties do
hereby mutually agree, the one with the other of them,
as follows :
1. The said A.B. hereby lets, and the said C.D. takes,
on hire (with the option of purchase as herein-
after mentioned), the horse power port-
able steam engine, benches, and apparatus in
connection therewith for [describe user] belonging
to the said A.B., and now being in the yard
numbered in Street
aforesaid, from the day of 18 ,
for the term of months thence next
ensuing, at the rent of per month,
the first payment to be made on the day
of next, and the remaining
payments on the first day of each suc-
ceeding month during the said term.
2. The said C.D. shall not use the said steam engine
for any purpose other than that of , and
shall use the same engine, and the benches and
apparatus belonging thereto, in a skilful and
proper manner, and shall not remove from the
(a) If the field is of less extent than two acres the provisions of
the " Agricultural Holdings Act, 1875 " (38 & 39 Viet. c. 92), will
not by sect. 58 apply, if, however, it exceeds two acres the Act will
apply unless wholly or partly negatived as provided for by s. 56.
Rent.
Hirer not to
misuse
engine.
AGREEMENTS. 11
said yard the same, or any part thereof, without
the previous consent in writing of the said A.B. ;
and the said C.D. shall at his own expense keep To keep same
the same and every part thereof in good working 1D
order and condition, and effect all necessary
repairs during the said term ; and in case he Proviso in
shall make default in so doing,' or in paying the fault,
said monthly rent, or any part thereof, when
due, the said A.B. shall thereupon be at liberty
forthwith, and without any notice whatever, to
resume and keep possession of the said engine,
benches, and apparatus, and to determine and
put an end to this agreement, and all moneys
that may have been paid by the said C.D. to the
said A.B. previously thereto shall be retained by
him for his own absolute use.
3. In the event of the said C.D. paying in cash, on Terms on
or before the expiration of such term of to become*
months, to the said A.B., his executors, adminis- P nrchaser -
trators, or assigns, such a sum of money as shall,
with the rent then paid, amount in the whole
to together with interest thereon, after
the rate of per cent, per annum, from
the said day of 18 , then the
said C.D. shall be entitled to become the pur- Option of
chaser of the said steam engine, benches, and K^SIrm
apparatus at that price ; but in case the said C.D. certain events.
shall not, within the said period of
months, declare by notice in writing to the said
A.B. his intention to purchase the same, and
shall actually pay to him in cash the said sum of
and interest as aforesaid, or such part
thereof as shall not have been paid pre-
viously to giving the said notice, then the option
of purchase by the said C.D. is to be at an end,
and the said A.B. is to be at full liberty to take
12
PRECEDENTS IN CONVEYANCING.
And owner
to re-take
possession.
possession and hold and dispose of the said steam
engine, benches, and apparatus, and to retain
such rent and monthly payments paid up to that
time for his own absolute benefit, without any
claim or interference by or on the part of the
said C.D. ; and the said C.D. shall make good all
damage done to the said steam engine, benches,
and apparatus, or any part or parts thereof, while
in his use or control (reasonable wear and tear
only excepted), and in good order and repair
deliver up the same to the said A.B., his exe-
cutors, administrators, or assigns, at the expira-
tion of the said term. As WITNESS, &c.
Precedent 13. Agreement to let a House and Shop by the
13 - Year, the Rent being Payable in Advance,
and the Tenant to have the Option of
purchasing the Landlord's Lease.
Parties. AN AGEEEMENT made, &c., BETWEEN A.B., of &c. [land-
lord'], of the one part, and C.D., of &c. [tenant], of the
Witnesseth. other part. WITNESSETH that the said A.B. hereby
agrees to let, and the said C.D. to take, from the date
Parcels. hereof, and occupy as tenant from year to year, ALL THAT
messuage or dwelling house and shop, with the appur-
tenances thereto belonging, situate and being No. , in
Square, at the clear yearly rent of
Bent. , payable quarterly in advance, on every the
day of , the day of ,
the day of , and the day of
in each year, the first of such payments to be
made on the date hereof, and every subsequent quarterly
payment to become due and payable, and be recoverable
in like manner, in advance on the first day of every
succeeding quarter. IT is AGREED that the said C.D.
AGREEMENTS. 13
shall pay and discharge all taxes and outgoings charge-
able by law upon the said premises (except the property Tenant to
tax) . AND THAT he shall not assign, underlet, or in any ^^
manner part with the possession of the said premises, or
any part thereof, to any person or persons without the
consent in writing of the said A.B., and shall at his own To repair,
cost maintain and keep the glass in the windows, the
window frames and shutters, and the fastenings, handles,,
and ornaments of doors, windows, and window shutters,
the boards of the floors, the inside doors, and all the
interior of the said premises, in good order and repair,
and in such order and repair will, at the determination of
the said tenancy, peaceably and quietly deliver up the And deliver
same to the said A.B. (reasonable wear and tear, and
damage by fire, or inevitable accident excepted), and
shall duly replace and make good all such parts of the
premises as may have been changed, altered, injured, or
destroyed during the tenancy. AND THAT if the said Proviso for
C.D. shall remove any of the fixtures from the said r
premises without the consent in writing of the said A.B.,
or shall not duly observe, perform, and keep the agree-
ments on his part herein contained, or if at any time the
said premises shall be left unoccupied for the space of
days, or if any payment of the said rent shall be
in arrear and unpaid for the space of days after
the same shall be payable, or if the peaceable possession
of the said premises shall not be delivered to the said
A.B. immediately on the determination of the tenancy by
notice to quit, it shall be lawful for the said A.B. to
re-enter upon the said premises, &c. [As in Precedent 9,
ante, p. 6]. AND the said A.B. agrees to keep the roofs, Landlord to
main walls, and main timbers of the said premises in repair 01
good and tenantable repair and condition during the said
tenancy. AND THAT in case the said C.D. shall desire to Option to
purchase his leasehold interest in the said premises at p
the sum of , and shall at any time during the
14 PRECEDENTS IN CONVEYANCING.
tenancy give to him, his executors, administrators, or
assigns, notice in writing of his desire, then and in such
case the said C.D. shall be entitled to purchase the same
for the then residue of a term of years created
by an indenture of lease bearing date, &c., and made
between Y.Z., of &c., of the one part, and the said A.B.
of the other part; and the said A.B. shall, upon payment
of the said sum of and of all rent then accrued due
under or by virtue of the agreements herein contained,
execute a proper assignment of the said lease to the said
C.D. at his expense; but the said C.D. shall not be
entitled to investigate or make any objection in respect
Title. of the title of the said Y.Z. to grant the said lease, nor to
call for any earlier title than the same indenture. IN
WITNESS, &C.
Precedent 14. Agreement to let a Slaughter House by the
^ Year.
To A.B. of, &c. [tenant] .
Agreement to I AGREE to let you THE SLAUGHTER HOUSE situate in
house. ai er Street, and numbered therein, within the parish
of , in the county of , from the
day of instant, as yearly tenant, at the annual
rent of , payable quarterly, on Lady, Midsummer,
Michaelmas, and Christmas days in each year, the first
payment to be made on Lady-day next. AND I ALSO
AGREE to keep all outside parts of the said slaughter
house in tenantable repair.
DATED the day of 18 .
C.D. [landlord].
precedent 15. Agreement to let a Theatre for a Term,
15 - Surety Guaranteeing Rent, &c.
Parties. AN AGREEMENT made, &c., BETWEEN the Theatre
Company (Limited) of the first part, C.D., of &c. [tenant'],
AGREEMENTS. 15
of the second part, and E.F., of &c. [surety], of the third
part. WlTNESSETH as follows : Witnesseth.
1. The said Company agree to let, and the said C.D. Parcels,
to take, that part of the Company's property
known as the Theatre Eoyal, being No.
in Square, within the parish of
j in aforesaid, with the scenery,
scenic accessories, lime light apparatus, mechanical
appliances and machinery, stage furniture, ward-
robe, properties, and paraphernalia belonging
thereto, and also the music scores and orchestral
arrangements in connection therewith, but re- Reservation,
serving to the said Company the refreshment
saloons and offices in the said theatre, from the
day of 18 , until the
day of 18 , both inclusive, at the rent of Rent.
payable by equal weekly instalments of
on every Monday in advance during the
tenancy, the first of such payments to be made on
the said day of 18 . And in Royalty,
addition to each weekly instalment the said C.D.
shall pay to the said Company one equal th
part of the gross nightly receipts until the said
rent of shall be fully discharged, whereon
the payment of the said weekly instalment and
nightly receipts shall cease ; but the said C.D.
shall, as well before as after the said occurrence,
pay all gas, rates, servants' wages, and expenses
of whatsoever kind chargeable in respect of the
premises during his tenancy.
2. Bach of them the said C.D. and B.F. agrees with Guarantee of
the said Company that the said C.D. shall duly Sl
pay the said rent on the days and in manner here-
inbefore mentioned, and shall nightly pay over to
the said Company on and after the said
day of 18 , one equal th part of
1G
PRECEDENTS IN CONVEYANCING.
Tenant to
conduct per-
formances in
an orderly
manner.
Prices.
the said gross nightly receipts, and pay all gas
rates, servants' wages, and expenses in manner
aforesaid.
3. The said C.D. shall conduct all entertainments to be
given within the said theatre in a chaste, proper,
and orderly manner, on lawful days, and at season-
able times, and in every respect in accordance
with the rules and regulations made, or to be
made, for the conduct and government of theatres,
whether local or universal in their application or
extent, so as to afford no ground whatever for the
infliction of fines or penalties, or for prejudicing
any licence for the time being attached to the
premises, (a) and shall not reduce the prices of
admission below the prices already agreed upon
between the said Company and the said C.D., that
is to say :
For each private box on the first tier,
For each private box on the second tier,
For each private box on the third tier,
For each admission to the Stalls, s. ; or, if
after 8.45 p.m., s. each person.
For each admission to the Dress Circle, s. ;
or, if after 8.45 p.m., s. each person.
For each admission to the Side Boxes, s. ;
or, if after 8.45 p.m., s. each person.
For each admission to the Pit, s. ; or, if
after 8.45 p.m., s. each person.
For each admission to the Gallery, s. (no
half price) .
(a) The licence must be granted to the actual and responsible
manager of the theatre, i.e., of the building, not of the " star "
company. See the Act for regulating Theatres (6 & 7 Viet. c. 68).
The 5 & 6 Will. 4, c. 30, s. 7, authorises the Excise to grant retail
licences to the proprietor to sell beer, spirits and wine in such
licensed theatres without the production of the usual justices' cer-
tificate, and this privilege is reserved by 35 & 36 Viet. c. 94, s. 72.
AGREEMENTS. 17
4. The said C.D. shall not make any alterations what- Tenant not to
,1 . 11 , , assign, &c.
ever in the premises, nor assign, sublet, or part
with the same, or any part thereof, without the
written consent of the secretary of the said
Company, nor commifc or suffer any destruction or
damage to the premises, but will keep and main-
tain the same in good and tenantable repair, and
will permit the directors and secretary of the said
Company, or any of them, to enter upon and go
through the premises at their pleasure, without
obstruction or denial, and that he, the said C.D.,
will reinstate and make good all damage done to
the premises while in his occupation or use, and
at the end of his tenancy deliver up the same in
such good order and condition as the same are now
in (reasonable wear and tear, and damage by fire,
excepted).
5. That in case the said rent or the said th Proviso for
part of the nightly receipts respectively, or any K
part thereof, shall be unpaid for the space of
days after any day hereinbefore appointed
for payment of any instalment or share (whether
demanded or not), or if the said C.D. shall be
adjudged bankrupt or execute any deed with or
for the benefit of his creditors, or liquidate or
compound with his creditors within the meaning
of any Act now or hereafter for the time being in
force in England for the relief of persons in
insolvent circumstances, or if any execution shall
be issued against him, or if he shall not perform
and observe all and singular the agreements herein
contained and on his part to be performed and
observed, or if at any time the premises shall be
closed and no public performance take place for
the space of days (not being days in
Passion Week, Holidays, or days set apart for
c
18 PRECEDENTS IN CONVEYANCING.
Public Thanksgiving), then and in any of such
cases, notwithstanding the waiver of any previous
right of re-entry, it shall be lawful for the said
Company or any of their officers, and the said
C.D. and E.F. hereby severally empowers and
licenses them, into and upon the premises or any
part thereof in the name of the whole to re-enter
and to use and pursue all such ways or means and
adopt all such measures as may be necessary or
may be deemed expedient for effecting such entry,
by force or otherwise, as occasion may require,
without the necessity of taking proceedings in
ejectment or other proceedings whatever, and
to put out the said C.D. and all other occupiers
of the same premises, and his and their goods,
chattels, furniture, properties, and effects, without
liability for any loss, cost, damages or expenses,
action or suit for so doing, and the said premises
to have again, repossess, and enjoy as if this
agreement had not been made, and thereupon
these presents shall cease ; nevertheless such re-
entry shall not defeat or prejudice any right of
action or remedy for arrears of rent or share of
receipts, or for the breach of any agreement, which
the said Company might have had against the said
C.D. and E.F., or either of them, if no such re-
entry had been made.
Limitation 6. That the liability of the said E.F. under these
of surety's
liability. presents shall not at any one time exceed the sum
of .As WITNESS, &c. (a)
(a) In agreements relating to the occupation of theatres, or in
fact of any place of public amusement, it is highly desirable to
define the terms of the tenancy as clearly and precisely as possible.
In small provincial towns, the lessees of theatres are generally
speculators, whose troupes and properties are here to-day and gone
to-morrow, and who leave confiding lessors, too often, no rent, and
a large gas bill !
AGREEMENTS. 19
16. Agreement for the Sale of a Dwelling House Precedent
in Course of Erection, and the Benefit of an 16 '
Agreement for a Lease.(b)
RECEIVED from A.B., of, &c. [purchaser] the sum of Agreement for
, as a deposit and in part payment of the sum a leasehold
of , the purchase-money of A DWELLING HOUSE
situate on the side of a new street called, or erection
about to be called Street, in , sold by
me to him on the following terms :
The tenure is leasehold under an agreement for a lease
for years, from the day of , 18 ,
at the yearly rent of
The lease to be granted by the lessor direct to the said
A.B.
The dwelling house to be finished in all respects,
externally and internally, as the one adjoining, occupied
by , and to be ready for occupation on or before
the day of 18 .
The balance of the purchase-money to be paid when
possession of the house is given.
The said A.B. to bear the expense of lease and counter-
part from the lessor, and to be satisfied with the latter's
title without investigation, on my procuring the grant of
the said lease.
In case of default in payment of the balance of pur-
chase-money as above-mentioned, the deposit to be for-
feited to me as liquidated damages, and this agreement
to be at an end without any claim by either party against
the other, and the property to be resumed by me.
DATED the day of 18 .
C.D. [vendor].
I AGREE to all the above terms.
A.B. [purchaser].
(&) Both this and the two succeeding precedents, though osten-
sibly receipts for money, are really agreements, and must be stamped
as such.
c 2
20 PRECEDENTS IN CONVEYANCING.
precedent 17. Agreement for the Sale of a Leasehold
17 - Dwelling House in the Occupation of a Tenant.
Agreement for RECEIVED on the day of 18 , from A.B. ,
leasehold of &c. [purchaser] the sum of , being a deposit
^ ^ P er cen *- on * ne purchase-money or sum of
a tenant. agreed upon between us for THE DWELLING
HOUSE and premises, No. , in . Terrace ,
now in the occupation of as tenant, at
per annum, sold by me to the said C.D. on the following
terms, and subject to these conditions, viz :
The said dwelling house and premises are held under a
lease granted by the Corporation of for a term
of years from the day of 18 ,
at a peppercorn rent.
An abstract of such lease to be furnished, and the
assignment thereof to be perused and executed by me at
my own expense.
The assignment of the lease to be prepared by ,
at the expense of the said A.B.
The balance of the purchase-money, to be paid within
days from this date, at which time the said A.B.
is to be entitled to the possession or the rents and profits
of the premises, and to have the said assignment delivered
to him.
C.D. [vendor].
I AGREE to purchase the said dwelling house and pre-
mises on the above terms, and subject to the above
conditions.
A.B. [purchaser] .
precedent 18. Agreement for the Sale of a Smallware
18 - Business, Stock -in -Trade, Fixtures, and
Effects.
Parties. AN AGREEMENT made, &c., BETWEEN A.B., of &c., [vendor'],
of the one part and C.D., of &c. [purchaser], of the other
AGREEMENTS. 23
part as follows : THE said A.B. agrees to sell to the Agreement.
said C.D., and the said C.D. agrees to purchase from
the said A.B. ALL AND SINGULAR the stock-in-trade and Parcels,
effects (consisting of toys, haberdashery, jewellery, hard-
ware, matches, blacking, and other fancy and miscel-
laneous articles) now being in and upon the premises,
number Street aforesaid, at present in the occu-
pation of the said A.B. as tenant, for the price or sum of
THE said sum of has been agreed Considera-
upon as the total value of the said goods, fixtures, and
effects, and is to be paid on or before the signing hereof, Terms of pay-
and upon such payment being made the said C.D. is to m
be at liberty forthwith, or as soon as may be convenient
to him, to remove and clear and carry away the whole or
any part of the said goods, fixtures, and effects as he
may think fit. THE said A.B. undertakes and agrees to indemnity by
indemnify the said C.D. against any claim for rent, rent,&cf a
taxes, or rates in respect of his said premises, and
against all or any other claims which may be made upon
or against the said goods, fixtures, and effects, or in
respect thereof, by any person or persons claiming by,
from, under, or in trust for the said A.B. THE said A.B.
also undertakes and agrees to execute an assignment Andtoexecnte-
or bill of sale of the said goods, fixtures, and effects to ance.
the said C.D. whenever called upon so to do, the same to
be at the sole cost and expense of the said C.D. As
WITNESS, &c.
19. Agreement for the Purchase of a Public-house Precedent
Lease, and for Services as Barman meanwhile. 19-
RECEIVED from A.B., of &c., [intended lessee] Receipt of de-
as a deposit, and on account of the sum of , option of lease,
the price of a years' lease to be granted by me
to him on such terms as may be applicable to a public-
house lease in , at the annual rental of
22
PRECEDENTS IN CONVEYANCING.
for the first years, and for the
remaining years, of the public-house and vaults
at the corner of Street aforesaid ; such
term of years to commence as from the day
To be returned of , 18 AND IT is AGREED between us that,
clined. 6 in the event of the said A.B. declining such lease (which
he is to have the option of doing), and giving up to me
the possession of the said premises, and all stock-in-
trade and property belonging to me in his charge, within
calendar months from this date, I am to return to
Agreement for him the said deposit. IT is ALSO AGREED between us that
barman mean- the said A.B. shall enter my service as barman and
while. manager of the said public-house and vaults, and shall
faithfully and honestly discharge the duties of his situa-
tion, and account to me for all stock-in-trade and pro-
perty with which he may be intrusted, and pay over to
any person I may appoint all moneys received by him
upon my account whenever required so to do ; and he
shall receive for such service wages at the rate of
shillings per week. AND THAT, in the event of my
wishing to dispense with the services of the said A.B., I
shall be at liberty to do so upon giving to him 's
notice in writing to that effect, or paying to him 's
wages in lieu thereof ; but the said A.B. shall not be at
liberty to determine this agreement for service, on his
part, until after the lapse of calendar months
from this date, unless in the meantime he shall have
procured a tenant, to be approved of by me, in
which case, or at the end of the said period of
Guaranty for calendar months, this agreement shall cease. AND
of auties. nc IT Is FURTHER AGREED that, if the said A.B. shall
decline to accept the said lease, the said sum of
shall be held by me as a guaranty for the faithful dis-
charge by the said A.B. of the duties pertaining to his
situation, and shall be accounted for by me accordingly.
Trusts of li- AJ*D the said A.B. undertakes to hold the licences for
cences.
Notice to de
termine ser-
vices.
AGREEMENTS. 23
the vending of ale, beer, wine, and spirituous liquors
upon the said premises in his name, but as a trustee only
for me, and to transfer the same to me, or to any person
I may direct, whenever thereto required ; and that the
said A.B. will not commit or suffer any act or omission
whereby any of the said licences may be prejudiced or
become void, (a)
DATED the day of 18 .
C.D. [intended lessor].
A.B. [intended lessee].
20. Agreement for the Sale of a Public-house Precedent
Lease, Goodwill, and Fixtures. 20 -
AN AGREEMENT made, &c., BETWEEN A.B., of &c. [vendor], Parties,
of the one part, and C.D., of &c. [purchaser], of the
other part. WITNESSETH that the said A.B. agrees to Witnesseth.
sell, and the said C.D. to purchase, the leasehold, interest, Parcels.
and goodwill, with the use of the licences of him the said
A.B. in the public-house and premises No. , in
Street, , now occupied by the said A.B., and
called the " Arms," together with the trade
fixtures, utensils, goods, chattels, and effects particu-
larly specified in the schedule hereto. AND IT is
MUTUALLY AGREED that the said sale and purchase shall be
upon the terms hereinafter mentioned, that is to say :
1. The price of the said leasehold interest, licences, Consideration
goodwill, trade fixtures, utensils, goods, chattels, for lease ' &c-
and effects shall be , and shall be paid
as follows : on the signing hereof
(a) It may be questioned whether licences can legally be held in
the name of another; yet, as trusts substantially framed as the
above are every-day occurrences in brewers' agreements with their
managers, such an undertaking has been inserted here in deference
to usage.
24 PRECEDENTS IN CONVEYANCING.
(whereupon the said C.D. shall be entitled to the
possession of the said premises, and shall thence-
forth pay all rent, rates, and taxes in respect of
the same, but all rent, rates, and outgoings up to
that time shall be borne and paid by the said
A.B.), further part of the said pur-
chase-money within days from the date
hereof, and , the balance hereof, within
calendar months from the date hereof,
together with interest on such sums respectively
after the rate of per cent, per annum
from the date hereof until payment.
And stock. 2. The stock-in-trade of the said A.B. now being in
and about the said public-house, shall be valued
by the parties hereto, or, in case of dispute or
difference, by a competent person or persons to be
approved of by them; and when the value thereof
is ascertained and agreed upon, the said C.D.
shall give his own acceptance for the amount of
such valuation to the said A.B., payable
days after date, and shall duly pay the same at
maturity.
Vendor to 3. The said A.B. shall forthwith procure the consent
consent G to the ^ the lessor to assign his lease to the said C.D.,
assignment. an( j w ^h a jj p rO p er parties shall peruse, execute,
and deliver to him a proper assignment of the
same at his own expense, the said C.D. preparing
and paying the cost in connection with the pre-
preparation of such deed and the due stamping
thereof; and the said A.B. shall also sign all
necessary papers for transferring all licences
attached to the said public-house to the said
C.D. ; and in the event of the lessor refusing for
any reason to consent to such assignment, the
said A.B. shall repay to the said C.D. the said
deposit ; and any further sum or sums of money
AGREEMENTS. 25
he shall have received from him (but without
interest), and shall return the said acceptance to
the said C.D., who shall give up possession of the
said public -house, and all other the said premises
to the said A.B., and shall pay in cash for such
stock as may have been consumed or disposed of
by him in the meantime at the cost price thereof,
and shall make good any portions of the said pre-
mises that may have been injured beyond reason-
able wear and tear, whereupon this agreement
shall cease.
4. The premises shall be at the risk of the said C.D. Purchaser to
solely from the date hereof.
5. The said A.B. declares that he now has good right Premises free
and full power to sell and assign the said lease cumbrances.
and premises unincumbered ; and that he will on
request execute all deeds that may be necessary
for effectually carrying into effect the terms of
this agreement, but the said C.D. shall not inquire
into or call for the title of the lessor of the said
A.B. to grant the existing lease. (a)
6. If the said sum of or , with Power to re-
interest as aforesaid, shall not be duly paid on the eve nt of the
days and in manner before mentioned, the said
deposit shall be absolutely forfeited to the said
A.B., who shall be at liberty to resell the pre-
mises either by public auction or private treaty,
at such time and place, subject to such conditions
and in such manner as he shall think fit, and the
deficiency in price (if any) arising through such
resale, together with the expenses attending the
same, shall be paid by the said C.D. to the said
(a) Sub -sect. 1 of sect. 2 of the Vendor and Purchaser Act,
1874 (37 & 38 Viet. c. 78) would not appear to extend to the title to
the leasehold, assuming the vendor's lessor to be himself a lessee,
even although for a long term of years.
26
PRECEDENTS IN CONVEYANCING.
Costs to be
borne equally.
A.B., and in default thereof shall be recoverable
by him as liquidated damages.
7. The costs of and incidental to this agreement shall
be borne by the said A.B. and C.D. in equal
moieties. As WITNESS, &c.
THE SCHEDULE referred to.
Precedent
21.
Parties.
Witnesseth.
Parcels.
21. Agreement for the Sale of Freehold Land.
AN AGREEMENT made, &c., BETWEEN A.B., of &c. [vendor],
of the one part, and C.D., of &c. [purchaser], of the
other part. WITNESSETH that the said A.B. (hereinafter
called "the vendor") agrees to sell to the said C.D., and
the said C.D. (hereinafter called "the purchaser")
Consideration, agrees to purchase from him for the sum of
per square yard the fee simple in possession of ALL, &c.
[parcels'] , together with the free use and enjoyment in
common with others entitled thereto of the said roads
and streets respectively, and together with the appur-
tenances to the said piece of land belonging. AND IT is
MUTUALLY AGREED between the said parties hereto as
follows :
The property is sold subject to the existing
tenancies, and [if so] to the following covenant
on the part of the vendor contained in the con-
veyance of the said land to him " that, &c." [set
out restrictive covenant] .
The purchaser shall on the signing hereof pay to
the vendor the sum of as a deposit and in
part payment of the said purchase-money, and
shall pay the balance thereof on or before the
day of 18, at the office of Mr.
, the vendor's solicitor, at which time
and place the purchase is to be completed, and
the purchaser shall thereupon be entitled to the
Tenancies and
restriction.
Deposit.
AGREEMENTS. 27
possession of the said premises or the rents and
profits thereof (the current rent being appor-
tioned between them) and all outgoings to that
time being cleared by the vendor.
3. The vendor shall within days from the date Commence-
hereof at his own expense deliver to the purchaser
or to Mr , his solicitor, an abstract of his
title to the premises sold, commencing with inden-
tures of lease and release dated, &c., with which
deduction of title the purchaser shall be satisfied
and shall not be entitled to call for the production
of, or to investigate or make any objection or re-
quisition in respect of, the prior title, whether it
appear by recital, covenant for production or
otherwise.
4. All recitals, statements, and implications, whether Eecitals to be
relating to matters of fact or conclusions of law in
any deed or writing, dated years or up-
wards previously to the date hereof, shall be con-
clusive evidence of the fact or implication so
recited, stated, or implied, and the purchaser shall
not be entitled to the production of any writing
so recited or stated not in the vendor's possession.
5. If the purchaser shall not within days from Kequisitions.
the delivery of the abstract to him or his solicitor,
state in writing to the vendor's solicitor, some
valid objection to the title, he shall be taken to
have accepted the same, and all objections not
delivered within that time shall be considered as
waived.
6. If the purchaser shall insist upon any objection or Power to res-
requisition as to title or abstract, or evidence of C1
title or otherwise which the vendor shall be
unable or unwilling to comply with or remove, he
may by notice in writing to the purchaser or
his solicitor, at any time rescind this contract (not-
28
PRECEDENTS IN CONVEYANCING.
Cost of inves-
tigating title.
Evidence of
identity.
Conveyance.
withstanding negotiations or litigation in respect
thereof), in which event he shall return to him
the said deposit, but without any interest, costs
of investigating the title or other compensation
whatever.
7. The purchaser shall bear the expense of producing
and examining all deeds and writings not in the
possession of the vendor, and of all journeys for
that purpose, and of obtaining, making, and pro-
ducing all attested official or other copies of, or
extracts from, proceedings in any court of law or
equity, deeds, wills, registers, or other documents,
whether of record or not, and of obtaining all
certificates of births, baptisms, marriages, or
deaths, and of all declarations he may require,
whether for the verification of the abstract, or to
accompany his title.
8. No evidence of identity shall be required beyond
such as is afforded by the deeds and evidences in
the possession of the vendor, and if any error
or mistake shall appear to have been made in the
description of the property, or of the vendor's
interest therein, the same shall not vacate the
sale, but if pointed out by either party prior to
the completion of the purchase, a compensation
or equivalent shall be given or taken by the
vendor or purchaser as the case may be.
9. The vendor shall not be required to procure the
release, by a separate instrument, of any incum-
brance affecting the property, but the party
entitled to the benefit thereof shall concur in the
conveyance to the purchaser for the purpose of
discharging the same, and on payment of the
balance of the purchase-money as aforesaid, the
vendor and all necessary parties shall execute a
proper conveyance for granting the fee simple of
AGREEMENTS. 29
the said premises unto and to the use of the pur-
chaser and his heirs, with the usual covenants for
title, such conveyance to be prepared by, and at
the expense of, the purchaser, and to be sent in
by him for execution days before the day
fixed for completion.
10. If, from any cause whatever, the balance of the interest.
said purchase-money shall not be paid on or
before the day of 18 , the pur-
chaser shall pay interest thereon, from that day
until the actual completion of the purchase, after
the rate of per cent, per annum.
11. If the balance of the purchase-money shall not be Power to re-
paid on the said day of. 18 , the evenTotthe
said deposit shall thereupon be absolutely for- purchaser's
feited to the vendor, &c. [continue as in Precedent
20, clause 6, ante, p. 25.]
12. The receipts of the vendor shall be good and effec- Eeceipts on
tual discharges for any purchase-money received
on such re-sale, and the concurrence of the pur-
chaser shall not be necessary in any sale to be
made by virtue hereof.
13. The power of sale hereinbefore contained shall not Power of re-
prejudice the right of the vendor to enforce this prejudice
contract for sale or the payment of the balance of
the said purchase-money and interest. the contract.
14. The premises shall be at the risk of the purchaser Purchaser to
from the date hereof.
15. The expenses of, and incidental to this contract Costs to be
and of the stamp thereon, shall be borne by the c
vendor and purchaser in equal moieties. As
WITNESS, &c.
30
PRECEDENTS IN CONVEYANCING.
Agreement.
Consideration,
Tenure..
And excep-
tions.
Precedent 22. Agreement for the Sale of Freehold Land
22 - Incorporating by Reference Public Sale Con-
ditions of a Local Law Society (concise
form).
IT is AGRERD between A.B. of &c. [vendor] and C.D.
of &c. [purchaser} as follows :
1. The vendor agrees to sell and the purchaser to
purchase at the sum of < , and upon the
terms and conditions hereinafter mentioned the
premises described in the schedule.
2. The premises are sold for an estate of inheritance
in fee simple in possession [if any exceptions add]
all erections, buildings, plant, machinery, and
other effects on the ground are excepted out of
the sale, and for the purpose of removing the
same, the vendor shall be entitled to access to
the premises at all times within months
from this date [or within from the date
hereinafter appointed for completion of the pur-
chase] .
3. The purchase shall be completed, and the purchase
money paid at the office of Mr. , the
vendor's solicitor, situate in aforesaid on
the day of next.
4. The vendor shall within days from the date
hereof deliver to the purchaser or his solicitor an
abstract of title commencing as to the pieces of
land firstly and secondly described with an inden-
ture dated, &c., and made, &c., and as to the
piece of land thirdly described with an indenture
dated, &c., and made, &c.
5. Objections and requisitions on the title shall be
delivered within days from the delivery
of the abstract.
Completion.
Title.
Requisitions.
AGREEMENTS. 31
6. The Public Sale Conditions of the Law Society Certain public
,, TIT in sale conditions
so tar as the same are applicable to a sale by to apply.
private treaty shall be considered as incorporated
with this agreement. As WITNESS, &c.
THE SCHEDULE referred to.
23. Agreement to rescind a Contract. Precedent
23.
AN AGREEMENT made, &c v BETWEEN A.B., of &c. [pur-
chaser], of the one part, and C.D., of &c. [vendor], of
the other part. WHEREAS the said C.D., in the month of Recital of con-
, 18 , agreed to sell to the said A.B., who
agreed to purchase from him, for the sum of ,
a certain piece or parcel of land situate in - Park,
in the county of , and then paid to the said C.D.
in part payment of the said purchase-money,
but no contract or agreement in writing was entered into
between the said parties. AND WHEREAS the said A.B., And of pur-
shortly after such purchase, entered into possession of bmtyto com-
the said piece of land and partially erected thereon a plete same -
building intended for a messuage or dwelling house, but
being unable to finish the same, or to pay the residue
of the said purchase-money to the said C.D., he has
requested him to take back to himself the said piece of
land, with the unfinished building thereon, which the
said C.D. has agreed to do upon the terms hereinafter
mentioned. Now THESE PRESENTS WITNESS that in pur- Witnesseth.
suance of the said agreement, and in order to carry into
effect the intention of the said parties, they do hereby
mutually agree, the one with the other of them, as
follows :
1 . The said contract for sale and purchase shall be Contract to be
rescinded and put an end to, and the said C.D.
shall retain the said sum of so paid as
aforesaid for his own use and benefit.
32
PRECEDENTS IN CONVEYANCING.
Vendor to re-
sume posses-
sion of land.
Purchaser to
discharge all
existing liabili-
ties.
Mutual re-
lease.
Purchaser to
execute
further assur-
ance.
2. The said C.D. shall resume possession of the said
piece of land, and shall retain and keep as his
own property the said unfinished dwelling house,
and all building materials, articles, and things
upon the said land for the purpose of erecting the
same.
8. The said A.B. shall pay and discharge all debts and
liabilities incurred by him for materials or other-
wise in the erection of the said dwelling house or
in relation thereto.
4. The said A.B. and C.D. hereby release each other
from the performance of the said contract, and
from all actions, suits, and demands which either
of them has or may have against the other in
respect thereof, and from all costs, losses, damages,
and expenses (except as in clause 3 is mentioned)
already incurred, or to be hereafter incurred, in
relation to the same.
5. Lastly, that the said A.B. shall, whenever requested,
at the cost of the said C.D., his heirs or assigns,
execute and do every such further assurance and
thing for better assuring the said piece of land,
dwelling house, and premises unto him or them,
as he or they shall require. As WITNESS, &c.
precedent 24. Agreement altering Terms of an Agreement
24- (Endorsed on original).
Parties. MEMORANDUM OP AGREEMENT made, &c., between the
within-named [or the said] A.B. of the one part and the
within-named [or the said] C.D. of the other part.
Eecitalof WHEREAS since the date of the within-written [or the
agreement to foregoing ] agreement the said A.B. and C.D. have
mutually agreed to alter and vary the same so far as
regards the amount payable and the respective times of
AGREEMENTS. 33
paying the remaining instalments of the unpaid purchase-
money therein expressed to be due from the said C.D. to
the said A.B. Now THESE PRESENTS WITNESS that the witnesseth.
said A.B. agrees to accept and the said C.D. to pay in Consideration,
lieu of the balance of purchase-money remaining due and
owing to the said A.B. from him and in full discharge
thereof the sum of , payable by the instalments
and in manner hereinafter mentioned ; that is to say,
on the day of next,
further on the, &c. [and so on, specifying times and
amounts] , and on the signing hereof the said C.D. shall
make and deliver to the said A.B. his promissory notes
for the above-mentioned instalments, bearing even date
herewith payable on the days aforesaid, and shall duly
pay each of the said notes at maturity. As WITNESS,
&c.
25. Agreement giving the Option of Purchasing a Precedent
Share in a Partnership, and for Services 25>
meanwhile.
AN AGREEMENT made, &c., BETWEEN A.B., of &c. Parties.
[vendor] , and C.D., of &c. [purchaser] , of the other part.
WHEREAS the said A.B. has for some time past carried on Eecital as to
the business of , in Street, burineaBana
under the style or firm of "A.B. and Co." and has jfy* con -
employed the said C.D. therein as his foreman to manage
the said business for him, but no partnership of any
kind has subsisted between them, and all the capital,
tools, utensils, stock-in-trade, credits, and effects, and
the tenant's interest in the premises and goodwill of the
business thereof were and are the sole property of the
said A.B. as the said C.D. hereby acknowledges, and all
the debts due and owing in respect of the said business
are the personal obligations of the said A.B. ANDAndagree-
WHEREAS the said A.B. has agreed with the said C.D. to ose of share
to foreman.
34
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Consideration
for sale.
Option to be
exercised
within a given
time.
Agreement to
employ pur-
chaser as
foreman pend-
ing exercise
of option.
give him the option of purchasing one equal half part or
share or lesser part or share of and in the said business
and all properties thereof, and until the expiration of the
time hereinafter allowed for the exercise of such option
of purchase by the said C.D. to continue to employ him
as his foreman at the wages and commission hereinafter
mentioned. Now IT is HEREBY MUTUALLY AGREED be-
tween the said parties as follows :
1. In the event of the said C.D. paying to the said
A.B. in cash on or before the day of
,18 , the value of such share in the
said business, as he shall elect to purchase (not
exceeding one moiety of the entire interest of the
said A.B. for the time being therein), such value
to be ascertained from the books thereof at the
time of such election, the said C.D. shall be
entitled to be the purchaser of such share ; and the
said A.B. shall sell and assign it to him, and
thereupon the said parties shall immediately enter
into and execute articles of partnership (con-
taining all usual and proper stipulations and
agreements), to be prepared and executed at their
joint expense.
2. If the said C.D. shall not before the said
day of 18 , exercise the said option of
purchase, and actually pay on or before that date
the said purchase-money, then the said option is
to be at an end, and the said A.B., is to be at full
liberty to hold or dispose of the said business as
he may think fit, without any claim or inter-
ference on the part of the said C.D.
3. Until the said C.D. shall purchase or forfeit by
lapse of time the option of so doing, the said A.B.
shall continue to employ the said C.D. as foreman,
and he shall obey all the orders and directions of
the said A.B., and shall discharge his duties faitli-
AGREEMENTS. 35
fully and honestly in that capacity, and devote his
whole time and attention exclusively thereto at the
salary of per week ; and in addition to
such weekly salary, he shall be allowed and paid
for so acting a commission of per cent, on
all net profits arising from the said business, after
deducting such weekly salary, and all other out-
goings and expenses of whatever kind or nature
soever, such commission to be ascertained and paid
on the amount of cash which shall up to that
period have been actually received by the said
A.B., and in respect of which the said commission
shall not have been previously paid or allowed to
the said C.D., or at the option of the said C.D.,
the ascertained amount of such commission shall
be placed to his credit in the books of the said
business, and be considered a debt payable on
demand to him by the said A.B., with interest
thereon, from the time of the amount of the said
commission being ascertained until payment after
the rate of per cent, per annum.
4. The said C.D. shall keep proper books, to be pro- Books oi'ac-
vided by the said A.B., and whenever required kept byf ore-
shall render a faithful account of all business man>
done by him, and of all goods sold and delivered,
of all moneys paid and received by him, and of
all stock in hand, in such form as the said A.B.
shall require, and shall pay over to him on demand
all sums of money that may from time to time be
in his hands, and deliver over at any time on
request all stock-in-trade and other effects under
his control.
5. The said C.D. shall take proper care of everything foreman to
intrusted to his charge, and to the utmost of his ote busi "
ness.
skill and knowledge promote and extend the busi-
ness, and shall keep a perfect supervision over all
D 2
36
PRECEDENTS IN CONVEYANCING.
Vendor to be
at liberty to
take other
partners.
Eeceipt of
profits not to
be deemed
to make fore-
man a part-
ner.
servants at any time employed therein, and him-
self report to the said A.B. any irregularities or
defalcations that the said C.D. may observe or
discover.
6. Nothing herein contained shall prevent, or be con-
strued to prevent, the said A.B. from engaging
alone, or in co-partnership with any person or
persons, in any other trade or business than the
said street business, either in or
elsewhere nor, if the said A.B. shall so choose,
from admitting any other person or persons as
partner or partners with him in the said
street business.
7. And, lastly, the receipt by the said C.D. of a por-
tion of the profits of the said business by way of
commission, as aforesaid, shall not, nor shall any
other matter or thing herein contained, be deemed
to constitute or render him liable as a partner
with the said A.B. (a). As WITNESS, &c.
precedent 26. Agreement for the Services of a Foreman and
! General Manager, with House rent free.
Parties. AN AGREEMENT made, &c., BETWEEN A.B. of &c. [em-
ployer}, of the one part, and C.D., of &c. [servant],
of the other part. WHEREAS, the said A.B., has com-
menced business in and upon the shop and premises,
Number Street, in aforesaid, and has
proposed to engage the said C.D. as Manager thereof,
upon the terms hereinafter mentioned, to which proposal
the said C.D. has assented. Now, THEREFORE, in con-
sideration of the premises and of the agreement herein-
after contained on the part of the said C.D., he, the
said A.B., for himself, his executors, and administrators,
Recital of
agreement to
employ.
Witnesseth.
(a) See 28 & 29 Viet. c. 86.
AGREEMENTS. 37
doth hereby agree with the said C.D., his executors,
and administrators, that he, the said A.B., will and Terms of en-
by these presents doth hire and engage the said C.D. gi
as his foreman and general manager of the business or
businesses, which now is, or are, or shall, at any time
within the term of years from the day
of instant, be carried on by the said A.B., either
in his own name or in, or by any other name, style, or
description in or upon the said shop and premises,
Number Street aforesaid, or in or upon any other
shop and premises, in aforesaid, such hiring and
engagement to continue for the said term of years. Duration.
AND for the services of the said C.D., as such foreman Remnnera-
and general manager he, the said A.B., will pay him a
salary of per annum, by equal quarterly pay-
ments on every the day of , the
day of , the , day of , and the
day of , in each year, and will also allow
him and his family the use of the house at the back part And use of
of the sad shop, free from all rent, taxes, and outgoings.
AND the said A.B., further agrees that the duties, powers, Duties, &c.,
and responsibilities of the said C.D., as such foreman andmanager.
and general manager, as aforesaid, shall consist in
buying all and whatsoever goods, stock, and articles of
trade he may from time to time think proper for the
purposes of the said business or businesses, and either to
buy such goods, stock, and articles, for cash, or to
pledge the credit of the said A.B., for the price thereof,
and also to take the sole and entire management of the
sale of all such goods, stock, and articles, either for
ready money or on credit, and with or without any
security for payment thereof, and particularly when he
shall in his discretion think proper to sell by public
auction the whole or any part or parts of such goods,
stock, and articles, as for the time being may be in or
upon any of the business premises upon such terms and
38 PRECEDENTS IN CONVEYANCING.
conditions as he may think proper without the inter-
ference of the said A.B., his executors or administrators,
and also to receive and pay all moneys that may be or
become due, receivable or payable, in respect of the said
business or businesses, with full power to deduct there-
out from time to time the amount of his salary when and
as each quarterly payment shall become due, and also to
engage and employ upon such terms as he may think
proper all such servants, clerks, and assistants as he may
think necessary for carrying on the said business or
businesses, and dismiss them or any of them at his own
will and pleasure, and to make all needful disbursements
in respect of the said business or businesses, and do all
things that to him may seem expedient for the conduct
Power to use and management thereof. AND for all or any of the
name. *" purposes aforesaid to use the proper name of the said
A.B., or the name, style, or description, which may be
from time to time adopted by the said A.B., in relation
to the said business or businesses, he, the said A.B.,
hereby granting to the said C.D. as well during the
absence as in the presence of the said A.B., his full
power and authority in the conduct and management of
the said business and businesses, subject only to the
right of the said A.B. to call for an account of the
state thereof, and of the moneys received, paid, and
disbursed by the said C.D., in connection therewith.
Agreement by AND, in consideration of the agreement hereinbefore
manager'to contained on the part of the said A.B., he the said
temuf SUCh C.D., for himself, his executors, and administrators, doth
hereby with the said A.B., his executors and adminis-
trators, that he, the said C.D., will for and during the said
term of years, from the , day of
instant, undertake and discharge the duties and responsi-
bilities of foreman and general manager of the said
business or businesses of the said A.B., as hereinbefore
mentioned or referred to. THAT he will accept the said
AGREEMENTS. 39
salary of , per annum, payable quarterly as
aforesaid, and the free use of the said house at the back
of the said shop, in full remuneration for his services as
such foreman and general manager. AND THAT he will, And render
whenever thereunto called and required by the said required.
A.B., from time to time, render to him a faithful account
aud statement in writing of all things pertaining to the
said business or businesses, and the assets, working
management, liabilities, state, and condition thereof, and
especially of all moneys received paid and disbursed by
the said C.D. on account thereof. As WITNESS, &c.
27. Agreement for the Services of a Foreman precedent
General Manager and Overlooker, at a 27 -
Weekly Salary and per-centage on Profits.
AN AGREEMENT made, &c., BETWEEN A.B. and C.D., Parties.
both of &c. [employers] and co-partners (carrying on
business under the style or firm of " A.B. and Co.") of
the one part, and E.F., of &c. [servant], of the other part.
WHEREAS the said A.B., has for some time past carried Recital of
. 1-T , existing en-
on business in as on ms sole account, gagement with
under the said style of " A.B. and Co.," and the said old firrn "
E.F. has acted as his foreman in the management of
the said business at a salary or wages of
per week. AND WHEREAS the said A.B., and C.D., Of alteration
having lately entered into partnership for the purpose tion thereof,
of carrying on the said business hitherto carried on by
the said A.B., solely as aforesaid, it has been mutually
agreed between them and the said E.F., that they shall
retain the services of the said E.F., as foreman in the
management of the said business upon the terms and
conditions hereinafter appearing. Now THEREFORE Witnesseth.
THESE PRESENTS WITNESS that in consideration of the
agreement hereinafter contained on the part of the said
40 PRECEDENTS IN CONVEYANCING.
E.F., they, the said A.B. and C.D., shall and will and
Terms of new by these presents do hire, engage, retain and employ,
the said E.F., as their foreman or general manager and
overlooker in their said partnership, business, and shall
and will pay and remunerate him for such services at
Eemunera- the rate of per week, to be paid weekly at
the end of each current week of the said hiring, and
shall and will, in addition to the said fixed salary or
sum of per week to be paid as aforesaid, pay
to the said E.F., during the said hiring a commission
or percentage calculated at the rate of per cent.
on the net ascertained profits (if any) of the said partner-
ship business, after paying all expenses and outgoings
thereof or appertaining thereto, such commission or per-
centage to be paid to the said E.F., within
calendar months next after the taking or balancing
of the said partnership accounts at the end of each
Agreement by year. AND in consideration of the agreement herein -
manager and after contained on the part of the said A.B. and C.D.,
he > the said E - F -> doth n ereby agree with the said A.B.
terms. an( i C.D., that he, the said E.F., shall and will forth-
with enter into the service and employment of the said
A.B. and C.D., as their foreman, manager, and general
overlooker in the conduct and management of their said
partnership business, subject to the general direction,
supervision, and approval, of the said A.B. and C.D.,
and shall and will at all times conduct and manage the
duties of his said employment and service fully and
faithfully in all respects, and obey, perform, and fulfil the
directions and orders of the said A.B. and C.D., in
relation thereto, and shall and will, if required, keep
proper and sufficient books wherein he will from time
to time make due and regular entries of all matters
relating to or concerning such part of the said business
as shall be committed to his charge, and shall and will
whenever required submit the same to the said A.B. and
AGREEMENTS. 41
C.D., or either of them for their approval. AND that so And not to
i J.T- -j i n i- engage in any
long as the said, employment and service shall continue other busi-
he will not engage, or be interested or concerned, nes8 '
directly or indirectly, in any other business whatsoever,
but will give the whole of his time and attention dili-
gently to the said employment and service, and to the
conduct of the said business to the best and fullest
advantage thereof. AND the said parties hereto do Events upon
iipi n i -i i ,L which agree-
hereby further mutually agree that the said employment menttobe
and service shall cease, and determine, and this agree- v<
ment and every clause, matter, and thing herein con-
tained (except so far as may be necessary to enable any
one or more of the said parties to sue the other or others
of them for breach of this agreement) shall be null and
void in any of the events or cases following; that is to
say : In the event of, and upon, and concurring with
the dissolution or determination by any means, or from
any cause whatsoever of the partnership now subsisting
between the said A.B. and C.D., or upon a month's
notice in writing being given to either of the said parties
by the other at any time during the said partnership
of their or his intention to determine the said employ-
ment and service. AND IT is FURTHER AGREED that the Payment of
proportion of net profits (if any) which shall be ascer-
tained or found to be due to the said E.F., up to the
date of the determination of the said employment and
service shall be paid to the said E.F., within
calendar months after the end of the current year, within
which such notice shall have been given as aforesaid.
AND, lastly, in case of any dispute or difference arising Disputes to be
between the said parties or their respective represen- arbitration,
tatives at any time, concerning any matter relating to
these presents such matter in dispute shall, on the request
of either of the said parties, or their or his representatives,
be referred to the decision of three disinterested
persons, one of whom shall be chosen by each of the
42
PRECEDENTS IN CONVEYANCING.
parties in difference, and the third by the persons so
chosen. And whatsoever award the said arbitrators, or
any two of them shall make and deliver in writing under
their hands within days after such reference, or
within such further time as the said arbitrators or any
two of them shall direct, shall be binding and con-
clusive upon and between the said parties and their
representatives. And if either of the said parties, or
their representatives shall delay or refuse to name a
referee as aforesaid upon reasonable request, the other
or others of them shall be at liberty forthwith to name
the two original referees, giving seven days prior notice
of such nomination to the party or representatives so
delaying or refusing. And for enforcing the performance
of any award to be made as aforesaid such award, ami
the submission thereto herein contained or to be entered
into by any separate instrument, shall from time to time
be made a rule of any Court of Record in England on the
application of either of the said parties or their
respective representatives, if such court shall so please.
As WITNESS, &c.
Precedent 28. Agreement for the Services of an Agricultural
28 - Superintendent for an Estate Abroad.
Parties. AN AGEEEMENT made, &C., BETWEEN A.B. of &C. [ein-
pioyer], but at present residing, &c., of the one part,
Witnessetb. and C.D., of &c. [servant], of the other part. THE said
A.B., for himself, his executors, and administrators,
hereby agrees with the said C.D., his executors and ad-
ministrators, that he, the said A.B., will take the said C.D.
into his service and employment. And the said C.D., for
himself, his executors, and administrators, hereby agrees
with the said A.B., his executors, and administrators,
that he, the said C.D., will enter into the service and
AGREEMENTS. 43
employment of the said A.B., as the agricultural superin-
tendent of the estate of him, the said A.B., called the
Estate, situate, &c. And such service and Terms.
employment shall be upon the terms and subject to the
conditions hereinafter contained, that is to say :
1. The said service and employment shall be considered Duration.
as commencing on the day of next,
and shall continue thenceforward for the term of
years (subject nevertheless as hereinafter
appearing) .
2. The duties of the said C.D. shall consist in directing Duties.
the cultivation and superintending the general
agricultural management of the said estate, and
of the stock and cattle thereof, and for that pur-
pose he shall have the custody and care of all
agricultural implements, and the control of all
agricultural servants and labourers, and the
general charge of all matters incident to such
direction, superintendence, and management.
3. The said C.D. shall at all times yield prompt and Superinten-
faithful observance to the orders of the said A.B.,
or his lawfully constituted agent or agents for the his time>
time being, and shall give the whole of his time
and attention to the said service and the duties
pertaining thereto, and shall not nor will during
any part of the said term embark, engage, or be
interested in any other business or employment,
or in any speculation or adventure whatsoever,
either on his own account or as the agent or
representative of any other person or persons
whomsoever.
4. The said A.B. shall pay to the said C.D. a salary at Eemunera-
the rate of sterling per annum, such
salary to be payable quarterly on the day
of , the day of , the
day of , and the day of
44
PRECEDENTS IN CONVEYANCING.
How payabl.
Passage out
to be paid.
House to be
found with cer-
tain privileges.
Misbehaviour
of superinten-
dent to deter-
mine service.
Provision for
determining
agreement in
the event of
climate being
unsuitable.
in each year, the first quarterly payment to be
due on the day of next.
5. One half of each quarterly payment of salary shall
be made by a bill on some responsible house in
aforesaid, payable after sight,
and the other half thereof in such manner and
form as the said C.D. shall from time to time
reasonably choose.
6. The said A.B. shall and will pay the passage money
of the said C.D. from to the said
estate.
7. The said A.B. shall and will find and provide the said
C.D. with a house on or near the said estate free
of rent, and that the said C.D. shall and may use
for his own consumption a sufficient and neces-
sary portion of the vegetables, poultry, eggs,
milk, butter, and other eatables (except flesh
meat) grown or produced in or upon the said
estate, but that all other expenses of living and
other outgoings of the said C.D. shall be borne
and paid by him personally at his own proper
costs and charges.
8. It at any time during the said term the said C.D.
shall be guilty of drunkenness, dishonesty, wilful
disobedience, or other gross misconduct, it shall
be lawful for the said A.B., or his lawfully
authorised agent or agents for the time being, to
dismiss the said C.D. forthwith from the said
service and employment, and the said C.D. shall
thereupon forfeit all benefit and claim whatsoever
under or by virtue of this agreement.
9. If at any time during the said term the said C.D.
shall produce and show to the said A.B., or to his
lawfully authorised agent or agents for the time
being, a medical certificate to the effect that the
climate of the place where the said C.D. shall
AGREEMENTS. 45
reside, and where his said service and employment
shall be carried on, is dangerous to the health of
the said C.D., then the said C.D. shall thereupon
have full power to cancel and annul this agree-
ment forthwith by giving a written notice to the
said A.B., his executors or administrators, or to
such lawfully authorised agent or agents as afore-
said; and on such notice being given the said
term and the said service and employment shall
cease and be at an end, and this agreement and
every clause, matter, and thing therein contained
shall be null and void, except so far as to enable
either party to sue the other for a former breach
thereof, and so far as to enable the said C.D. to
recover the amount or proportion of salary that
may be due to him up to the day of the date of
such notice. As WITNESS, &c.
29. Agreement for an Ale and Porter Agency. Precedent
29.
AN AGREEMENT made, &c., BETWEEN A.B. and C.D., both
of &c. [brewers'], of the one part, and B.F., of &c.
[agent], of the other part. WHEREBY the said A.B. and Witnesseth.
C.D. agree to employ the said E.F., and the said E.F. Employment
agrees to act as the sole agent at aforesaid of the
said A.B. and C.D., and the survivor of them and their or
his future partner or partners in trade for the sale and
delivery in , and the neighbourhood of , ale and
porter, to be brewed by the said A.B. and C.D., or their
firm, for the time being. AND the said A.B. and C.D.,
for themselves and the survivor of them and their and
his future partner and partners, agree with the said E.F.
to allow to him, for and in respect of all moneys which he
may receive from the sales under the said agency, a com-
mission at the rate of per centum on the gross Amount of
commission.
46
PRECEDENTS IN CONVEYANCING.
Agent to bo
sole agent,
And sole
collector.
Terms on
which sales
may be made.
Agent not to
be liable for
bad debts.
Notice to
determine
agency.
amount of the moneys actually received, and also for the
cartage delivery of the full and return of the empty
casks, the sums following, that is to say, for
every hogshead, for every barrel, and
for every half barrel. AND further, that during the
continuance of the said agency they will not employ
or authorise any other agent or representative than the
said E.F. for the sale of their ale and porter in
aforesaid or the neighbourhood. AND also that they will
not at any time collect or receive or employ or authorise
any other person than the said E.F. to collect or receive
any moneys whatever arising from or due or payable in
respect of sales effected by the agency of the said E.F.
AND the said parties hereto further mutually agree that
the sales to be effected by the said E.F. may either be
for cash or on credit (not exceeding months) in
the discretion of the said E.F. That out of the moneys
received by him from time to time he shall deduct the
commission and cartage allowance aforesaid, and shall
once a pay the balance in his hands into the
bank at aforesaid, to the credit of the
account of the said A.B. and C.D., or their firm for the
time being, at the said bank, and shall at the same time
send to the brewery of the said A.B. and C.D., or their
firm for the time being, an account showing from whom
the money so paid into the bank has been received. THAT
the said E.F. shall not be answerable for bad debts nor
for any loss or damage that may happen to the goods to
be sent to him for sale or delivery before the same shall
come to his hands or custody. AND that either of the
parties hereto shall be at liberty to put an end to this
agreement upon giving to the other of them
calendar months' notice, in writing, of their or his inten-
tion so to do, such notice to be sent by post to, or
delivered at the place of business for the time being of,
the party to whom it shall be addressed. As WITNESS, &c.
AGREEMENTS. 47
30. Agreement between Co-owners for the Manage- Precedent
ment of a Merchant Vessel
ARTICLES OF AGREEMENT made, &c., BETWEEN A.B., of &c. Parties.
[one part-owner] , of the one part, and C.D., late of &c.
[other part-owner], but at present at, &c. (about to
proceed to sea), of the other part. WHEREAS the said Eecitai of
parties are owners of the ship or vessel called the o^vesse!?*
," of , of tons register, in the
following shares and proportions, that is to say, the said
A.B. is entitled to parts or shares, and the said
C.D. to the remaining parts or shares thereof. (a)
AND WHEREAS for the good management of the said ship And of deter-
or vessel the parties hereto have determined to enter into enter into
the agreement hereinafter contained ; Now THEREFORE
they the said parties hereto do hereby, and each of them ment.
doth for himself, his heirs, executors, and administrators
agree with the other of them, his executors and adminis-
trators in manner following, that is to say, THAT the said One co-owner
A.B., his executors and administrators shall at all times husband,
hereafter have the management, ordering, and direction
of the said vessel in every respect, and shall and may
enter into such contracts for freighting, loading, and
repairing the said vessel as he or they shall think proper
for the mutual benefit of the said parties hereto. AND And have cus-
ALSO that the said A.B. , his executors or administrators papers, &c P S
shall have the custody of all the books, papers, writings,
contracts, accounts, and agreements belonging or relating
to the said vessel, to all of which nevertheless he, the
said C.D., his executors, administrators, or assigns shall
be allowed at all times to have free access for inspecting
or taking copies thereof. AND THAT all damages and Losses, &c.,
to be borne
proportion-
(a) The property in a ship is to be considered as divided into ately.
sixty-four shares, but no fractional part of a share can be registered,
nor can more than thirty-two persons be registered as owners at one
time : (17 & 18 Viet. c. 104, s. 37.)
48 PRECEDENTS IN CONVEYANCING.
losses which shall or may happen to the said vessel in
every respect* or the accounts thereof, or otherwise how-
soever shall be borne and paid by the said A.B. and C.D .,
or their respective executors and administrators in pro-
portion and according to their respective parts which
they shall respectively hold in the said vessel, and they
and each of them and each of their executors and admi-
nistrators shall and will respectively advance and pay the
Neither owner same at any time when thereunto requested. AND that
the said A.B. and C.D., and their respective executors
or administrators shall not and* will not, directly or
indirectly, do or suffer to be done any act, matter, or
thing whatsoever whereby the said vessel shall or may
be seised or charged, but shall and will at all times
during the continuance of this agreement use their and
each of their utmost care to preserve the said vessel, with
Ship's bus- the appurtenances, from all spoil and damage. AND
countatstated THAT so long as he the said A.B., his executors or
administrators, shall be and act as ship's husband, and
have the custody and management of the said ship's
accounts, he and they shall and will at the close of every
year, or as soon after the expiration of the voyage on
which the vessel may then be engaged as practicable,
make ready and exhibit to the said C.D., his executors,
administrators and assigns a full, just and true account
in writing of all the freights, earnings and profits that
shall then have arisen from or grown due for or in
respect of the said vessel, and also of all losses and
damages which shall or may have happened since the
then preceding settlement to or on account of the said
vessel and for all matters and things whatsoever relating
And pay or thereto. AND IT IS HEREBY FURTHER AGREED that the
balance ap- said A.B., his executors or administrators shall and will,
gearing there- p rev j ous ^ o each periodical settlement of his said accounts
as aforesaid, pay and discharge all the debts due or on
account of the said vessel in case there shall be sufficient
AGREEMENTS. 49
money in his hands for that purposes, and shall and will
pay or cause to be paid unto the said C.D., his executors or
administrators, his or their representative proportion of
all such freights, earnings, profits and benefits ; but if
any loss or damage shall appear to have happened during
the then preceding year, that then and in that case, on
the settlement of such accounts as aforesaid, the said
C.D., his executors and administrators shall and will
advance and pay, according to the share he may hold in
the said vessel, his or their proportion of such loss upon
demand unto the said A.B., his executors and adminis-
trators. AND that he the said A.B., his executors and Power to
administrators shall and may from time to time insure the
whole of the said vessel in such association, clubs, or
insurance offices or otherwise and to such amount as the
t
said A.B., his executors or administrators, shall think
proper, and shall likewise pay all such sum or sums of
money as shall from time to time become due or payable
for or in respect of any premiums of insurance or of any
policy or policies of insurance made on the said vessel or
on any cargo or cargoes to be taken therein or on the
freight of the said vessel. AND IT is HEREBY MUTUALLY For joint
DECLARED AND AGREED by and between the said parties
hereto that all such insurances as shall from time to time
and at all times be made or effected upon the said vessel
and premises shall be for the benefit of the said owners,
parties hereto, in such proportions as aforesaid, and that
the said insurance shall from time to time be received
and enjoyed by the said owners, parties hereto, in the
like proportions. AND FURTHER that if the said A.B. and Provision in
C.D., or either of 'them, their or any of their executors by^ithe/to
or administrators shall at any time hereafter be minded
or desirous to sell and dispose of his part or share of the vessel,
said vessel and premises, then and in such case the
person so desirous to sell shall give days' notice
in writing of such his intention to the other of them the
E
50 PRECEDENTS IN CONVEYANCING.
said parties hereto, his executors or administrators, to be
left with him or them respectively, or at his or their
usual places or place of abode, and shall at the same time
offer to sell his or their shares or share to the other oi
the said parties hereto, his executors or administrators,
at a fair price or valuation to be fixed thereon by three
indifferent professional valuers, one of them to be chosen
by the said party, to whom such notice of sale has been
given, his executors or administrators, one other of them
by the party or parties giving such notice of sale, and
the third or other of them by the two indifferent valuers
At expiration to be chosen as aforesaid. AND THAT such valuation
>yage. g^g^i j. a k e p] ace immediately on the arrival of the said
vessel from off the voyage on which she shall at the time
of such notice being given be engaged ; and in case the
owner or owners to whom such notice shall have been
given shall neglect or refuse to purchase the same at such
valuation within days from the making of the
same, or shall within days from the arrival from
the said vessel from off the voyage on which she shall be
engaged at the time of giving such notice as aforesaid,
neglect to appoint a valuer, then at the expiration of
either of the said periods of days respectively
the whole of the said vessel called the " ," with
the materials and appurtenances, shall be sold by public
auction at aforesaid or such other convenient
place as shall be fixed upon by the said parties hereto,
their respective executors or administrators, for the best
price that can be reasonably had or gotten for the same.
Liberty for AND THAT the owners, parties hereto, or either of them,
their executors or administrators, shall and may be at
liberty to bid for and become the purchaser of the said
Conditions of vessel. AND THAT also that the said owners, parties
hereto, and each of them, their and each of their
executors or administrators, shall and will join in and
agree to the usual conditions for the sale of the said
AGREEMENTS. 51
vessel, and in giving and delivering peaceable and quiet
possession thereof to the purchaser or purchasers. AND Seller to exe-
ALSO shall and will upon demand execute the assignment CT
or transfer of the said vessel and premises unto the
purchasers thereof. AND THAT the expenses of and
preparatory to and attendant on the completion of such
sale or otherwise in relation thereto shall be borne and
paid by both the said parties hereto, their respective
executors and administrators, in proportion to the shares
they respectively hold in the said vessel. AND LASTLY Disputes to
the said owners, parties hereto, do and each of them arbitration.
doth hereby for himself promise and agree to and with
each other that if any doubt, question, difference, or.
dispute shall happen to arise between them, the said
owners, parties hereto, touching or concerning the said
vessel or the accounts thereof or any way relating thereto,
the same shall within calendar months after such
difference or dispute shall arise be referred unto three
indifferent persons, arbitrators, one of whom shall be
chosen by each of the parties in difference and one other
of them by the said referees so to be chosen as aforesaid,
to be by them, the said arbitrators, or any two of them,
ended and determined, and that each of them, the said
parties hereto, their executors and administrators, shall
and will stand to, abide by, perform, fulfil, and keep
such award so as the same be rendered and given under
the hands of the arbitrators, or any two of them, within
calendar months next after their appointment.
AND THAT such agreement of reference, arbitration, bond,
or submission deed, and the award to be made in pur-
suance thereof shall be naade a rule of Her Majesty's
High Court of Justice, to the intent that the said parties
may be finally bound and concluded thereby. As WIT-
NESS, &c.
E 2
52
PRECEDENTS IN CONVEYANCING.
Precedent
31.
Parties.
Recital of in-
vention.
And agree-
ment as to
trial.
Witnesseth.
Inventor to
permit trial.
31. Agreement for Testing and Working a
Patented Invention.
AN AGREEMENT made, &c. BETWEEN A.B., of &c. [inventor] ,
of the one part, and C.D., of &c., E.F., of &c., and Gr.H.,
of &c. [speculators] , of the other part. WHEREAS the
said A.B. has from the Office for Registry of Patents a
certificate of protection bearing date the day of
in respect of the use and exercise of his certain
invention for converting, &c. [here describe invention] .
AND WHEREAS the said invention has not yet been tried,
and the said A.B. being desirous that it should be tried
forthwith, has applied to the said C.D., B.F., and G.H.,
who have agreed with him and with each other to take
the necessary steps for testing and ascertaining the
value of the said invention with the ulterior view (in the
event of a satisfactory result of the experiment) to a
joint mutual adventure of all the said parties hereto in
the objects and purposes of the said invention, but
nevertheless upon the terms and conditions hereinafter
appearing. Now THEREFORE the said A.B., for himself,
his executors, and administrators, in consideration of the
agreement hereinafter contained on the part of the said
C.D., E.F., and G.H., doth hereby agree with the said
C.D., E.F., and Gr.H., and with each of them and their
respective executors and administrators, that he, the
said A.B., shall and will forthwith permit and suffer
the said C.D., E.F., and G.H. to take all necessary
measures and proceedings for the purpose of fully and
fairly testing and trying the utility and value of the said
invention and its application to the purposes for which it
was designed, and that in order thereto he will from
time to time give to them and each of them every
information relative to the said invention and the nature,
operation, and results thereof, and render to them and
each of them every assistance in his power with the view
AGREEMENTS. 53
of having the said invention so fully and fairly tested and
tried as aforesaid. AND FURTHEE that in case such trial And if success-
shall in the judgment and opinion of the said C.D., E.F., spectators in
and G.H. prove to be successful, and the said invention workin s same -
be by them ascertained to be of utility and value for the
purposes for which it was designed, then he the said
A.B. will join with the said C.D., E.F., and G.H. in the
working thereof for their mutual and equal benefit as
hereinafter mentioned. AND the said C.D., E.F., and Speculators to
G.H., each for himself severally and his respective a t their own
executors and administrators, in consideration of the cost<
agreement hereinbefore contained on the part of the said
A.B., hereby agree with the said A.B., his executors,
and administrators that they will forthwith proceed by
all due and proper means to have the said invention
fairly and fully tested and tried, and will from time to
time find and provide the funds and take, use, and
adopt all such means, processes, and appliances as may
be necessary for that purpose. And that in case the And buy same
said invention shall upon such full and fair trial prove, in
the judgment and opinion of the said C.D., E.F., and
G.H., successful and of full utility and value for the pur-
poses for which it was designed, they will pay to the
said A.B. the sum of as the consideration or
purchase-money of or for a permanent joint interest in
the said invention and the future results thereof, and
will thereupon join with the said A.B. in working the
said invention for their mutual and equal benefit. AND Ample time to
each of them the said A.B., C.D., E.F., and G.H., for '
himself, his executors, and administrators, hereby agrees
with the others and each other of them, their and his
respective executors and administrators, that full and
ample time shall be taken and allowed in testing and
trying the said invention, but so nevertheless that there
be no unnecessary delay in the use and adoption of the
means, processes, and appliances necessary thereto;
54 PRECEDENTS IN CONVEYANCING.
Eesultof test that the judgment and opinion of the said C.D., E.F.,
within a given and G.H. with reference to the result of the said testing
and trial shall be declared within calendar
months after such result shall have been ascertained;
Invention to that if such result be satisfactory, and it shall appear to
be patented if , ., . , ., . .
successful. the said parties hereto that the said invention is ot
sufficient value and utility to carry the same into full
prosecution and use, then letters patent for the said
invention shall be immediately taken out in the name of
the said A.B., but at the joint equal expense of all the
Parties to be said parties hereto, and the said parties hereto shall be
thenceforward _ . . . .
jointly into- thenceforward engaged and interested in a joint adven-
SSuSLfiossi. ture for working, exercising, and carrying on the said
invention under the letters patent so to be obtained as
aforesaid for their joint benefit in equal proportions, and
shall so continue for the then entire residue of the term
to be granted in the said letters patent ; that the said
parties will in like manner bear in equal proportions the
And special losses of the said joint adventure ; that the said joint
be signed. adventure shall be prosecuted in such manner, upon such
terms, and with and under such conditions and regu-
lations as to the management thereof in all matters of
detail as the said parties hereto shall mutually agree
upon, and which shall be embodied in a special agree-
ment to be then prepared and signed in substitution of
these presents; that such agreement shall expressly
provide against the assignment or transfer of or other
dealing with the share or interest of any of the parties in
the said joint adventure to or for the benefit of any other
person or persons whomsoever, without the full know-
lege and consent of all the other parties thereto ; AND that
if the said parties shall decide to take out a patent or
patents for any foreign country, all the said parties shall
Speculators to have an equal interest in such patent or patents ; AND,
Fo? testing. 1167 LASTLY, each of them the said C.D., E.F., and G.H., for
himself, his executors, and administrators, hereby agrees
AGREEMENTS. 55
with the others and each other of them, their, and his
respective executors and administrators, that they will
contribute and pay the costs and expenses of and
attending the said testing and trial, AND also the said And purchas-
ing in equal
sum of in equal shares and proportions. As shares.
WITNESS, &C.
32. Agreement for the Services of an Assistant. Precedent
32.
To A.B., of &c. [servant].
IN CONSIDERATION of your faithfully discharging the Proposal,
duties tha.t may devolve upon you whilst in our estab-
lishment, we agree to engage and to continue to employ
you as one of our assistants in our business of
now carried on by us in , on the terms following, Terms,
that is to say : THAT you shall devote the whole of your Assistant to
time and to the utmost of your power promote and extend ^ ^
our business, obey all orders and directions given by us
or our managers, and discharge the duties of your situa-
tion faithfully and honestly, for the period of Term,
years to be computed from the day of
18 , determinable as hereinafter mentioned, and for so
doing, we agree to allow and pay to you the remunera- Eemnnera-
tion following, in lieu of salary, viz. : For the
year of the said term, a percentage after the rate of
per cent, per annum upon the net profits
actually realised by us in our business, after deducting
all expenses of, and incidental to the same, including
rent, salaries, taxes, interest upon capital, losses from
bad debts, and all other outgoings ; for the year
of the said term, a percentage of, &c. [and so on, speci-
fying year and commission] . IT is, HOWEVER, expressly Payment of
stipulated that such percentage upon profits shall not not to create a
create or be held to constitute a partnership, and that P artnersl "P-
none, express or implied, shall subsist between us. You To be per-
shall be permitted to draw such sums on account of your draw on
account.
56
PRECEDENTS IN CONVEYANCING.
Assistant to
supervise es-
tablishment.
Notice to de-
termine ser-
Acceptation.
Precedent
33.
Proposal.
remuneration and at such times as you may please, not
exceeding per calendar month; which sums
shall be charged to your account, and the balance (if any)
found to be due to you on ascertaining our net profits,
shall be paid to you on demand ; but in the event of you
having overdrawn your percentage, you shall repay the
excess when ascertained. IT is ALSO AGREED that you
shall take proper care of everything belonging to us
intrusted to your charge, and keep a perfect supervision
over all assistants or servants placed under you in our
establishment, and immediately report to us any irregu-
larities or defalcations you may discover in your own
department ; and that you shall not carry on or be
interested in any other business whatever. AND the
service herein mentioned shall be determinable at any
time by either of us giving to the other calendar
months previous notice, in writing, for that purpose ;
and in case it shall expire at a time other than the usual
annual period of ascertaining any profits, the percentage
payable to you for the period between the previous
annual balancing and the expiration of such notice shall
be calculated on the amount of the net profits of the pre-
ceding year ending at the time of the prior yearly
balancing.
DATED the day of , 18 .
C.D. and E.F. [employers].
I AGREE to the above-mentioned terms, and undertake
faithfully to abide thereby, and to comply with and carry
out the same.
A.B. [servant].
33. Agreement for the Services of Husband and
Wife at a Concert Hall.
To A.B. and C.D., of &c. [proprietors].
IN CONSIDERATION of your employing me and my wife
F.F., at the respective salaries hereinafter mentioned, I
AGREEMENTS. 57
agree, on my own behalf and on behalf of my said wife,
that we will enter your service for a period of Terms,
years from the day of 18 , and dis-
charge our respective duties as hereinafter denned :
1 . I will become and act as principal basso and Husband to
manager of the stage, mechanical, theatrical, and an a stage
musical department of the Concert Hall, mana er -
and take upon myself the entire supervision and
management in that department, subject to your
direction and approval, and devote my whole time
and energies thereto ; but it is understood that I
am not to be called upon to appear in theatrical
costume, or otherwise than in plain dress, in
respect of which services you are to pay me' a
salary of per week, payable every
Saturday.
2. My wife shall become and act as principal mezzo Wife to act as
soprano, and take upon herself and duly perform B0
whatever duties may be incidental to her said
service, or otherwise, as vocalist in the musical
selections performed at the said concert hall, she
also being not called upon to appear in character-
istic costume, and in respect of whose services you
are to pay me a salary of per week,
payable as aforesaid.
S. We will attend at the said concert hall from Hours of
i-ii -i attendance.
to o clock every working evening,
unless prevented from illness, and give our
utmost attention to rehearsals, and to the due
performance of our respective vocations faithfully
and regularly according to professional custom or
usage.
4. I will keep the books, papers, and writings pertain- Husband in
ing to the business of my employment in a proper other"auties
manner, and will attend at the office of the said * keep the
books, &c.
concert hall at all reasonable times during the day
58 PRECEDENTS IN CONVEYANCING.
for the due transaction of my various duties, and
whenever required I will render a true statement
of all business done, and of everything belonging
to you in the possession or control of myself or
my wife, and deliver up the same, and in the
meantime will take proper care of all things
intrusted to my keeping, and will not conceal,
waste, or make away with, obliterate, or deface,
nor permit (so far as I am able to prevent it) the
same to be done by others, any property or things
in my care as aforesaid in connection with my
said employment; and when I cease to be in your
service I will desist from interfering therein, and
from holding myself out as your manager or
servant.
Neither sala- 5. No salary is to be payable to me or to my wife
incase of P during such time (if any) as we or either of us
sickness. shall be absent through sickness or otherwise.
DATED the day of 18 .
E.F. [husband].
Acceptation. WE AGREE to accept Mr. and Mrs. E.F. on the terms
and conditions above specified.
A.B. and C.D. [proprietors'] .
precedent 34 Agreement for the Services of a Commission
^ Agent.
Parties. AN AGREEMENT made, &C., BETWEEN A.B., of &C.
[agent], of the one part, and C.D. and E.F., of &c.
Witnesseth. [principals] , of the other part. IT is HEREBY AGREED
between and by the said parties hereto as follows :
Duties of 1. That the said A.B. shall be employed and act for
r?uneration. " * ne 8& ^ G.D. and E.F. as their agent for the sale
of sold by them, and shall faithfully and
honestly execute and perform the duties of his
AGREEMENTS. 59
employment as such agent to the utmost of his
skill and knowledge, and promote their interests,
and from time to time, on request, render a just
and true account in such manner as they shall
require, of all his dealings and transaction as
such agent, and he shall be paid and allowed for
so acting the commission of for every
hundredweight, and so in proportion for every
quarter or less quantity of goods and stores sold
by him for and on account of the said C.D. and
E.F., such commission to be paid to the said A. B.
at the end of each on the amount of
cash that shall up to that period have been
actually received by the said C.D. and E.F. in
respect of goods sold by the said A.B., and in
respect of which the said commission shall not
have been previously paid or allowed to him, and
the said A.B. shall bear and pay his own travel-
ling expenses.
2. That the said A.B. shall collect and receive the Agent to
accounts and debts to become due and owing to
the said C.D. and E.F. for goods, stores, and
merchandise, supplied through his agency, except
in cases where the said C.D. and E.F., shall, by
notice to the said A.B., elect to draw bills or cash
orders on the purchaser direct, and he shall pay
over to the said C.D. and E.F., in cash on
and in every the moneys received
by him on their account as aforesaid.
3. That the said C.D. and E.F. shall not be bound to Principals not
execute any orders received through the said A.B. execute
unless they shall think fit, and the said A.B. shall orders -
not sell goods on credit to any person or persons
whom the said C.D. and E.F. shall previously
have forbidden him to trust, and shall personally
make good all loss sustained by them by reason
60
PRECEDENTS IN CONVEYANCING.
Agent to be at
liberty to take
other commis-
sions of a dif-
ferent descrip-
tion.
Notice to
determine
agency.
of any breach of this stipulation, or of any of the
conditions herein contained.
4. That the said A.B. shall be at full liberty, during
the continuance of this agreement, to sell and
dispose of, by commission or otherwise, any goods,
wares, or merchandise of a different description to
that sold by the said C.D. and E.F., for any
person or persons whomsoever.
5. That the agency hereby created shall be determin-
able by either party giving to the other or others
of them a notice in writing to that effect, and on
the delivery of such notice the said A.B. shall
give up to the said C.D. and E.F. all books,
papers, and property in his possession or control
belonging to them, and shall thenceforth desist
from using their names in anywise, or acting or
holding himself out as their agent, and this agree-
ment shall then be at an end, except in respect of
any claim which either of the said parties may
have against the other of them for any previous
breach of the agreements herein contained. As
WITNESS, &c.
Precedent
35.
35. Agreement to refer to a Sole Arbitrator
(concise form).
AN AGREEMENT made, &c., BETWEEN A.B., of &c., of the
one part, and C.D. and E.F., of &c., of the other part.
WHEREAS the said A.B. claims a considerable sum of
money to be due to him from the said parties hereto of
the second part, under and in respect of, &c. [set out the
fact]. AND WHEREAS the said C.D. and E.F. dispute
such claim, and for determining the said dispute the
parties hereto have agreed to refer the same as herein-
Witnesseth. after mentioned. Now THESE PRESENTS WITNESS that the
said parties agree to refer all questions as to the said
Parties.
Eecital of
claim.
And agree-
ment to refer
AGREEMENTS. 61
dispute to the certificate or award of Y.Z, of, &c. Appointment
[arbitrator] , so that such certificate or award be made in of arbltrator -
writing on or before the day of next, or
such further time as the arbitrator by writing under his
hand (whether before or after the said day) shall from
time to time appoint. AND THAT each party shall produce Each party
before the arbitrator all deeds, contracts, plans, notices, deeds', &c &
books, or documents relating to the premises, and that
they shall perform and keep the certificate or award, and
shall not bring any writ of error, or commence or prose-
cute any action in any court whatever against the others
or other of them, or against the arbitrator for any matter
(save enforcing the certificate or award) relative hereto.
AND THAT the parties and their witnesses shall be And give
examined on oath if required, and that if any of the evidence -
parties impede the arbitrator from making such certificate
or award by affected or wilful delay, or by non-atten-
dance after reasonable notice, and without satisfactory
excuse, then the arbitrator may proceed ex parte. AND Award may be
IT is AGREED that this submission may be made a rule of ' ar t. a *
any of Her Majesty's Courts of Record in England, and
that the costs of this agreement, of the certificate or Costs,
award, of- proceeding thereon, and of the expenses of
making this submission a rule of court, shall be in the
discretion of the arbitrator. As WITNESS, &c.(a)
(a) It is advisable, when practicable, that the execution of an
agreement to refer should be attested, either by an independent
witness or by the adverse solicitor (if such a term may be applied)
to each party, so that should the award have to be made a rule of
court the affidavit of execution by the party against whom the
award is given may be made without difficulty.
62
PRECEDENTS IN CONVEYANCING.
Precedent
36.
Parties.
Recital of dis
putes and
agreement to
refer.
Witnesseth.
Appointment
of arbitrator.
Award to be
conclusive.
36. Agreement to refer Disputes touching the
Construction of Agreements.
AN AGREEMENT made, &c. BETWEEN A.B., C.D., and B.F.,
all of &c., of the one part, and G.H., of &c., of the other
part. WHEREAS disputes and differences have arisen and
do now exist between the said parties touching their
respective rights, duties, and liabilities under or in
respect of three several agreements, one of which is
dated, &c., and made between the said G.H. of the one
part and the said parties hereto of the first part of the
other part, another of which is dated, &c., and made
between the said parties hereto of the first and second
parts, and one, J.K., of the other part, and the third is
dated, &c. and made between the said parties hereto of
the first and second parts and one L.M., and touching
the preparation of the said three agreements and the
purport, meaning, intention, and construction of the
same respectively, and for the purpose of adjusting the
said disputes and differences and all other matters in
difference (if any) between the said parties hereto the
reference hereinafter agreed to has been arranged. Now
THESE PRESENTS WITNESS, and the said parties hereto do
hereby mutually agree to refer the said disputes and
differences, and all other matters in difference (if any)
between them, to the certificate or award of Y.Z., of &c.
[arbitrator] , so that such certificate or award be made in
writing on or before the day of next, or
such further time as the said Y.Z., by any writing signed
by him (whether before or after the said day), shall from
time to time appoint. AND IT is AGREED that the certi-
ficate or award of the said Y.Z. shall be final and con-
clusive in the premises. AND THAT such certificate or
award the said Y.Z. shall have power to make notwith-
standing the death of all or any of the said parties in
difference. AND THAT the said parties respectively shall
AGREEMENTS. 63
and will well and truly obey and perform the certificate
or award of the said arbitrator touching the matters in
dispute. AND THAT the said parties respectively and their Parties to
respective witnesses shall and will attend the said arbi-
trator and submit to be examined touching the matters
in dispute upon oath or otherwise as the said arbitrator
shall direct. AND THAT the said parties respectively shall TO produce
produce and show forth to the said arbitrator all deeds, ' )ds ' &c '
contracts, writings, plans, notices, books, accounts,
letters, papers, and documents touching the matters in
dispute which shall be in their or any of their custody,
possession, or power, if thought necessary by the said
arbitrator. AND FURTHER, that if any of the said parties Power to pro-
to this submission shall prevent or obstruct the said arbi- ce ex parte '
trator from making an award or certificate in the pre-
mises by non-attendance before him or by non-produc-
tion of any deeds, contracts, writings, plans, notices,
books, accounts, letters, or documents in their custody,
possession, or power which may be material or necessary
in the judgment of the said arbitrator, or otherwise,
after such notice as the said arbitrator shall deem reason-
able for that purpose, then the said arbitrator shall be at
liberty to proceed in the said reference ex parte. AND No action to
THAT no writ of error or action whatever shall be com- respect of the
menced or prosecuted by the said parties or any of them ^Jf ct ~ f th
against the said arbitrator, or against the other or others agreement,
of them for or relating to the matters hereby referred,
except for the purpose of enforcing the certificate or
award to be made in pursuance hereof. AND THAT this Award may be
submission may be made a rule of any of Her Majesty's urt. a r
Courts of Record in England if required by the said
parties or any of them. AND THAT the costs of and inci- Costs of refe-
dent to this agreement of the said reference and arbi- re lce ' '
trator and his certificate or award shall be in the dis-
cretion of the said arbitrator, who may direct to and by
whom and in what manner and when the same or any
64 PRECEDENTS IN CONVEYANCING.
And of making part thereof shall be paid. AND THAT, if by reason of
court. any default in performance of the said certificate or
award to be made in pursuance hereof by any of the said
parties, the others, or other of them, shall procure this
agreement to be made a rule of court, then the costs of
making the same such rule of court shall be borne and
paid by the party making default, unless the court shall
Provision in otherwise order. AND, LASTLY, it is agreed that if the
award defec- certificate or award of the said arbitrator shall be bad or
defective in any respect, so that the same shall or may be
set aside on that account, the authority of the said arbi-
trator shall thereupon revive, and it shall be competent
for the said arbitrator to make a new certificate or
award, either upon the original evidence laid before him,
or upon such re-examination of the parties and their
respective witnesses or any of them, and of their papers
and documents, as the said arbitrator may deem neces-
sary, and so toties quoties until a good and sufficient cer-
tificate or award shall be made by the said arbitrator in
respect of the matters hereby referred. As WITNESS, &c.
Precedent 37. Agreement to refer the Terms of a Dissolu-
37 - tion of Partnership to two Arbitrators and
an Umpire.
Parties. AN AGREEMENT made, &C. BETWEEN A.B., of &C., of the
Eecitaiof one part, and C.D., of &c., of the other part. WHEREAS
partnership. the gaid pari ies hereto on the day of
18 , entered into partnership together as at
which business they have since carried on, but
no articles of agreement were executed by the said
parties, defining the terms or conduct of the said partner-
And disputes ship. AND WHEREAS disputes and differences having
menUjcnrefer arisen between the said parties in respect of the said
8ame - partnership they have mutually determined to dissolve
AGREEMENTS. 65
the said partnership; but, being unable to agree upon
the terms of such dissolution and the security to be
given for the discharge of the debts and liabilities of the
said partnership, they have agreed to refer all such
disputes and differences, and the terms of such disso-
lution, and the security to be given for the discharge of
the said debts and liabilities, and all other matters in
difference (if any) between them to arbitration as herein-
after mentioned. Now THESE PRESENTS WITNESS that the Witnesseth.
said parties hereby refer all disputes and matters as
aforesaid in difference between them to the certificate or
award of W.X. and Y.Z., both of &c. [arbitrators], and Appointment
such third person as the said arbitrators shall, by writing an( j mnpire.
before proceeding upon the said reference, appoint as
umpire, with full powers for the said arbitrators, or any
two of them, to certify or award the dissolution of the said
partnership and the mode of realising and distributing
the assets thereof, and to certify or award which (if
either) of the said parties shall be entitled to the business,
and upon what terms as to price or otherwise, and to
approve of or reject any sureties or security to be
proposed or offered by the said parties respectively for
the discharge of the debts and liabilities of the said
partnership, and to certify or award the execution by
the said parties hereto, or either of them, of such deeds or
writings as the said arbitrators, or any two of them, shall
think proper, for terminating all disputes and differences
between the said parties, and closing the affairs of the
said partnership, so that such certificate or award be
made in writing on or before the day of
next, or such further time as the said arbitrators, or any
two of them, by writing under their hands, shall, before
or after that day, from time to time appoint. AND THAT Parties to pro-
the said parties respectively shall produce before the & c .
said arbitrators, or any two of them, all books, docu-
ments, or writings relating to the premises, and shall
F
66 PRECEDENTS IN CONVEYANCING.
perform and keep the certificate or award of the said
arbitrators, or any two of them, and shall not bring any
writ of error, nor commence or prosecute any action
whatever against the other or against the arbitrators, or
any of them, for any matters relating hereto, save for
enforcing (if necessary) the said certificate or award.
And give AND IT is HEREBY AGREED that the said arbitrators, or any
two of them, are empowered and authorised to examine
the said parties, or either of them, and all or any persons
or person produced as a witness or witnesses by such
parties upon oath or otherwise, as they or any of them
Power to pro- shall direct. AND if either party impede the said arbi-
trators, or any two of them, from making such certificate
or award by affected or wilful delay, or by not attending
after reasonable notice, then they may proceed in his
Award may be absence if they shall think proper so to do. AND IT is
made a rule of , , . , . ' ,
court. FURTHER AGREED that this present submission may be
made a rule of any of Her Majesty's English Courts of
Costs. Record, and that the costs as between solicitor and client
of and incident to the negotiation between the said
parties, resulting in this agreement, of this agreement,
and of making it a rule of court, of the reference and
certificate or award, and of all deeds and writings to be
executed by the said parties or either of them, and the
expenses of proceeding upon the certificate or award,
shall be in the discretion of the said arbitrators, or any
two of them [or shall abide the event] . As WITNESS, &c.
precedent 38. Agreement under Seal declaring the User of
38 - Lights to be on Sufferance.
Parties. AN AGREEMENT made, &C., BETWEEN A.B., of &C., of the
Recital of one part, and C.D., of &c., of the other part. WHEREAS
3 p ' the said C.D. is the owner of a dwelling house, with
a farmyard, garden, and premises thereto belonging,
AGREEMENTS. 67
situate, &c., and the said A.B. is the owner of a house
or houses which was or were built in the year 18 , and
adjoin and abut on the above-mentioned farmyard and
garden of the said C.D., and certain of the windows in
the said house or houses of the said A.B. overlook such
farmyard and garden. Now THIS INDENTURE WITNESSETH Witnesseth.
that in consideration of the agreements hereinafter con-
tained on the part of the said C.D., the said A.B. doth A.B. to enjoy
hereby agree with the said C.D. that the use and enjoyment ^ sufferance.
for any period, however long, of the said windows in the
said house or houses of the said A.B. which overlook the
said farmyard and garden of the said C.D. shall not give
to or confer upon the said A.B., his heirs or assigns, or
his tenants, any claim, right or title to ancient lights ;
but the same windows or lights shall at all times here-
after be considered as on sufferance only, and be made
up and closed by the said A.B. on notice as hereafter
mentioned. AND FURTHER that the said A.B. shall and To pay yearly
will, so long as the said windows shall be permitted to ment.
remain as aforesaid, pay to the said C.D., his heirs or
assigns, on the day of in every year the
sum of as an acknowledgment that the said
windows are on sufferance as aforesaid. AND LASTLY, in And to close
case the said C.D., his heirs or assigns, shall at any time notice?
be desirous that the said windows should be closed, and
shall give notice in writing of such his or their desire to
the said A.B., his heirs or assigns, or leave the same at
his or their last known place of abode ; then the said
A.B., his heirs or assigns, shall and will, at his or their
own expense, within months after the service of
the said notice, build or make up the said windows and
effectually close the same. AND in consideration of the Qualified
agreements hereinbefore contained on the part of the
said A.B. the said C.D. doth hereby declare and agree to *>ymnt
and with the said A.B. that the said C.D., his heirs or
assigns, shall not nor will in any manner obstruct or inter-
P 2
I
68 PRECEDENTS IN CONVEYANCING.
fere with the said A.B. or his tenants in the use and
enjoyment of the aforesaid windows until he or they
shall have given such notice as aforesaid, and the said
A.B., his heirs or assigns, shall have refused or omitted
to comply with the same. IN WITNESS, &c.
Precedent 39. Agreement on paying an Execution out of a
39 - Dwelling House.
To A.B., of &c. [lender'] .
Agreement on IN CONSIDERATION of your, at my request, paying the sum
of to Mr. Y.Z., the owner of the household
furniture and effects in my dwelling house in ,
under a bill of sale thereof, dated &c., executed by me
to him, under which the goods are now in his possession
in my said dwelling house (such sum of being
paid in full by you for the purchase of the same goods),
I HEREBY CONSENT to, and authorise you and your agents
or servants to enter and remain in my said dwelling house
as long as you think proper, and to retain and keep pos-
session of all the said goods purchased by you as afore-
said, and to sell the same on the premises by either public
auction or private treaty, it being understood between us
that out of the proceeds of the said sale you are to pay
all costs, charges, and expenses of every kind, including
the usual commission on sale and costs of keeping pos-
session, and repay to yourself the said sum of
together with for interest thereon, as agreed
for weeks, and then pay over to me any surplus
that may remain in your hands, such sale to take place
not earlier than the day of 18 , and
not later than the day of 18 .
DATED the day of 18 .
C.D. [borrower].
AGREEMENTS. 69
40. Agreement between Partners that they are Precedent
jointly interested in a Lease. "
AN AGEEEMENT made, &c., BETWEEN A.B., of &c., of the Parties.
one part, and C.D., of &c., of the other part. WHEREAS Kecital of lease
the said C.D. is the owner of a piece of land, with the to the other
messuages, or dwelling houses and shops, situate on the par
side of Street, in aforesaid, and
by an indenture of lease dated &c., and made between
the said C.D. of the one part, and the said A.B. of the
other part, in consideration of the rent and covenants
therein contained, the said C.D. demised the said premises
unto the said A.B., his executors, administrators, and
assigns, for the term of years, to be computed
from the day of 18 , with a covenant
for renewal as therein mentioned. AND WHEREAS the And of their
said C.D. and A.B. carry on business as at and agreement
aforesaid, in partnership together, and on the
treaty for the said lease it was agreed that the premises
thereby demised should be held by the said A.B. during
the continuance of the said term, as part of the partner-
ship estate of the said partners. Now THESE PRESENTS Witnesseth.
WITNESS that, in pursuance of such agreement, the said A.B.
hereby declares and admits that the said C.D. is jointly Declaration
interested with him as part of their partnership estate interest.
in the said lease and premises thereby demised, subject
to the rent and covenants thereby reserved and contained.
AND THAT the said A.B. shall be possessed of the said Lessee to be
lease and premises, subject as aforesaid, and of all lease as a
benefits and advantages to be derived therefrom, as a asset. 61 '
trustee for the benefit and on the joint account of the
said C.D. and A.B. as such partners as aforesaid in the
shares in which they are respectively interested in their
said partnership estate. As WITNESS, &c.
70
PRECEDENTS IN CONVEYANCING.
Precedent
41.
Parties.
Recital of
lease.
Of the erection
of a dwelling-
house.
Vesting ef
premises in
vendor.
And contract
for sale.
Witnesseth.
Consideration.
Receipt.
'Assignment.
Parcels.
41. Absolute Assignment of a Leasehold Dwelling
House.
THIS INDENTURE made, &c., BETWEEN A.B. of &c. [vendor],
of the one part, and C.D., of &c. [ purchaser] , of the
other part. WHEREAS by an indenture of lease, dated,
&c., and made between W.X. [lessor'], of the one part,
and Y.Z. \lessee], of the other part, all that, &c. [parcels],
with the appurtenances, and [if so] subject to the excep-
tions therein mentioned, was demised unto the said Y.Z.,
his executors, administrators, and assigns, for the term
of years from the day of 18 ,
at the yearly rent of , and subject to covenants
by the lessee, and conditions therein contained, AND
WHEREAS since the date of the said lease the said Y.Z.
erected a messuage or dwelling-house on the said plot of
land, AND WHEREAS the said premises are now vested in
the said A.B. for the residue of the said term of years,
AND WHEREAS the said A.B. has agreed with the said
C.D. for the sale to him, for the sum of , of
the premises aforesaid for the residue of the said term,
free from incumbrances, Now THIS INDENTURE WIT-
NESSETH that in pursuance of the said agreement, and in
consideration of the sum of , this day paid by
the said C.D. to the said A.B. (the receipt whereof the
said A.B. doth hereby acknowledge), he, the said A.B.,.
doth hereby assign unto the said C.D., his executors,
administrators, and assigns, ALL THAT the said plot or
piece of land, hereditaments, and premises comprised in
and expressed to be demised by the hereinbefore recited
indenture of lease, with the messuage or dwelling-house
ASSIGNMENTS. 71
and other erections and buildings now erected and
standing upon the same plot of land, TOGETHER with all General
rights, easements, and appurtenances thereto belonging
except [if so] as in the said lease is excepted) . AND all
the estate, right, title, term, and interest of him, the said
A.B., in and to the same premises, To HOLD the said Habendum.
premises expressed to be hereby assigned, with the appur-
tenances (except as aforesaid), unto the said C.D., his
executors, administrators, and assigns, henceforth for the
residue now unexpired of the said term of years,
at the rent reserved by and subject to the covenants by
the lessee, and conditions contained in the said lease, and
henceforth to be paid, performed, and observed. AND Covenant by
the said A.B., for himself, his heirs, executors, and i eaiac va iid.
administrators, hereby COVENANTS with the said C.D.,
his executors, administrators, and assigns, that notwith-
standing anything by the said A.B., done, omitted, or
knowingly suffered, the hereinbefore recited indenture of
lease is now a valid and subsisting lease of the said
premises hereinbefore expressed to be hereby assigned,
and is nowise void or voidable ; AND THAT, notwithstand- Rent paid and
1 , 1 . T . , -| , covenants ob-
mg any such thing as aforesaid, the rent reserved by served.
and the covenants by the lessee, and conditions con-
tained in the said lease, have been respectively paid,
performed, and observed up to the date of these presents ;
AND THAT, notwithstanding any such thing as aforesaid, For power to
he, the said A.B., now hath power to assign all the said
premises unto the said C.D., his executors, adminis-
trators, and assigns, for the term aforesaid, free from
incumbrances ; AND THAT all the said premises may be Free from in
quietly entered into, and during the said term held and cc
enjoyed without any interruption by the said A.B., his
executors or administrators, or any person claiming
through or in trust for him. AND THAT he, the said And for fnr-
A.B., his executors and administrators, and every other
person claiming through or in trust for him, will at all
72 PRECEDENTS IN CONVEYANCING.
times, at the cost of the said C.D., his executors, adminis-
trators, or assigns, execute and do all such assurances and
things for further or better assuring all or any of the said
premises unto the said C.D., his executors, administra-
tors, and assigns, for the then residue of the said term, and
in manner aforesaid as by the said C.D., his executors,
administrators, or assigns, shall be reasonably required.
Covenant by AND the said C.D., for himself, his heirs, executors, and
pay rent and administrators, hereby COVENANTS with the said A.B., his
nantsT 8 OVe ~ executors and administrators, that he, the said C.D., his
executors, administrators, or assigns, will henceforth
pay the rent by the said lease reserved, and perform all
the covenants by the lessee therein contained, and keep
Andindemnify the said A.B., his heirs, executors, and administrators,
vendor there- . , .., , . .
from. indemnified against all actions, suits, expenses, and
claims on account of the nonpayment of the said rent or
the breach or non-performance of the said covenants, or
any of them. IN WITNESS, &c.
Precedent 42. Assignment of a Public-house Lease, Licences,
A Q
" and Fixtures.
Parties. THIS INDENTURE made, &C., BETWEEN A.B., of &C.
[vendor], of the one part, and C.D. of &c. [purchaser] ,
Recital of of the other part. WHEEEAS by an indenture of lease
* *-'
dated &c., and made between Y.Z. [lessor], of the one
part, and the said A.B. of the other part, the said Y.Z.
demised unto the said A.B. all that, &c. [parcels], to
hold the same unto the said A.B., his executors, admi-
nistrators, and assigns, from the day of
18 , for the term of years, thence next ensuing,
subject, during such portion of the said term, and until
the said premises should be granted and obtain a licence
to sell by retail excisable liquors, to the rent of
per annum, without deduction, and from and after and
during the remainder of the said term as should be
ASSIGNMENTS. 73
unexpired at the time of obtaining the said licence to
the rent of per annum, without deduction
(except as therein mentioned), the said yearly rents
respectively to be payable by equal quarterly payments
in every year on the days therein mentioned, and subject
also to the observance and performance of the covenants,
conditions, and agreements therein contained; and on
the part of the lessee, his executors, administrators, and
assigns, to be observed and performed. AND WHEREAS Of grant of
the said A.B. some time since obtained the grant of a
licence to sell by retail excisable liquors on the said
premises. AND WHEREAS the said A.B. has agreed with And contract
the said C.D. for the sale to him of the same premises
demised by the said lease, with the licenses attached
thereto, and the goodwill of the business of a licensed
victualler, carried on by him therein, and the fixtures,
chattels, and things herein mentioned for the sum of
. NOW THIS INDENTURE WITNESSETH that in Witnesseth.
pursuance of the said agreement, and in consideration of Consideration.
the sum of , to the said A.B., paid by the said
C.D. on or before the execution hereof (the receipt Receipt,
whereof the said A.B. hereby acknowledges), the said
A.B. doth hereby assign unto the said C.D., his executors, Assignment,
administrators, and assigns, ALL and singular the pre- Parcels,
mises comprised in and demised by the said indenture of
lease, which are now used as a licensed public-house.
TOGETHER with the benefit of the ale and spirit licences
attached thereto, and the goodwill of the trade carried
on therein ; and all the tenant's fixtures, fittings, chattels,
and things now being in, upon, or about the said
premises. AND all the estate and interest of the said
A.B. in the premises. To HOLD the premises demised Habendum.
by the said lease, with the licences thereto belonging,
unto the said C.D., his executors, administrators, and
assigns, for all the unexpired residue of the said term of
years, subject to the rent and to the observance
74 PRECEDENTS IN CONVEYANCING.
and performance of the covenants and conditions in the
same lease reserved and contained, and on the lessee's
part to be paid, observed, and performed. AND TO HOLD
all other the premises hereby assigned unto the said C.D.
Covenant by absolutely. AND the said A.B. for himself, his heirs,
lease valid, executors, and administrators, hereby COVENANTS with the
said C.D., his executors, administrators, and assigns, that
notwithstanding any act, deed, or thing, by the said
A.B. done or knowingly suffered the said lease is now a
Ent paid and valid lease, and not void or voidable, and that the rents,
served! covenants, and conditions therein reserved and contained,
have on his part been duly paid, observed, or performed,
For power to up to the date of these presents. AND THAT, notwith-
froni^ncum- standing any such thing as aforesaid, the said A.B. now
has power to assign all the said premises hereby assigned
unto the said C.D., his executors, administrators, and
assigns, in manner aforesaid free from incumbrances.
AND THAT the same premises shall at all times during the
residue of the said term be quietly entered into held and
enjoyed by the said C.D., his executors, administrators,
or assigns, without any interruption by the said A.B., his
executors, or administrators, or any person or persons
And for claiming through him or them. AND THAT the said A.B.,
further assm- , . , .. . . _ . .
ance. his executors and administrators, and every person claim-
ing as aforesaid, shall at all times at the cost of the said
C.D., his executors, administrators, or assigns, execute
and do every such assurance and thing for further or
more perfectly assuring unto the said C.D., his executors,
administrators, and assigns, all or any of the said
premises as by him or them shall be reasonably required.
Covenant by AND the said C.D., for himself, his heirs, executors, and
pay^Tand administrators, hereby COVENANTS with the said A.B., his
observe cove- execu tors, and administrators, that the said C.D. his
nants.
executors, administrators, or assigns, will at all times
hereafter during the residue of the said term pay the rent
reserved by the said lease at the times and in the manner
ASSIGNMENTS. 75
thereby reserved, and will duly observe and perform the
covenants, conditions, and agreements therein contained,
and which on the part of the lessee, his executors,
administrators, or assigns should be paid, observed, or
performed, and keep the said A.B., his heirs, executors,
and administrators indemnified from and against all And indemnify
actions, suits, claims, and demands whatever, for, or on 1
account of the non-payment of the said rent, or the non-
observance or non-performance of the said conditions or
agreements. IN WITNESS, &c.
43. Assignment of Household Furniture and Precedent
Effects, in Part Satisfaction of a Judgment 43-
Debt.
THIS INDENTURE made, &c., BETWEEN A.B. of, &c. \_judg- Parties.
merit debtor}, of the one part, and C.D., of, &c. [creditor] ,
of the other part. WHEREAS the said A.B. is indebted to Recital of in-
the said C.D. in the sum of , upon a judgment
recovered against the said A.B. by the said C.D. in the
Queen's Bench Division of Her Majesty's High Court of
Justice, on the day of 18 AND inability to
WHEREAS the said A.B., being, as he alleges, at present poLffor P part
unable to satisfy the said judgment in full, has proposed satisfaction.
to the said C.D. to accept an assignment of the house-
hold furniture, effects, and things hereinafter mentioned,
in part satisfaction and reduction of the said judgment
debt, but without prejudice to the right of the said C.D.
to issue execution on the said judgment whenever he
shall think proper for any balance that may remain due
on the said judgment, with interest as hereinafter men-
tioned at the time when such execution shall be issued,
which proposal the said C.D. has agreed to accept, and
the said household furniture, effects, and things have
been appraised and valued at the sum of , by
Mr. Y.Z., of , licensed appraiser. Now THIS Witnesseth.
76
PRECEDENTS IN CONVEYANCING.
Consideration,
Assignment.
Parcels.
Habendum.
Covenant by
assignor for
power to
assign.
Free from in-
cumbrances
and for further
assurance.
Qualified re-
lease by as-
signee.
INDENTURE wiTNESSETH that in consideration of the
premises, and of the release of the said A.B. by the said
C.D. from the sum of , in part satisfaction and
discharge of the said judgment debt of , here-
inafter contained, the said A.B. doth hereby assign unto
the said C.D., his executors, administrators, and assigns,
ALL and singular the household furniture, fixtures, plate,
plated articles, linen, china, glass, printed books and
domestic utensils, effects and things specified in the
schedule hereunder written. AND all the estate and
interest of the said A.B. therein or thereto. To HOLD all
and singular the said premises hereinbefore expressed to
be hereby assigned unto the said C.D., his executors,
administrators, and assigns absolutely. AND the said
A.B., for himself, his heirs, executors, and administrators,
hereby COVENANTS with the said C.D., his executors,
administrators, and assigns, that, notwithstanding any-
thing by the said A.B. done or knowingly suffered, the
said A.B. now hath good right and full power and
authority to assign the said premises hereinbefore
expressed to be hereby assigned in manner aforesaid,
free from incumbrances. AND THAT the said A.B., his
heirs, executors, and administrators, and every person
having or rightfully claiming any estate, right, title, or
interest at law or in equity to the said premises, or any
part thereof, through or in trust for him or them, will
from time to time, and at all times hereafter, on the
request and at the cost of the person or persons requiring
the same, execute and do all such further acts, deeds, and
assurances in the law for more perfectly assuring all or
any of the said premises unto the said C.D., his executors,
administrators, and assigns, and enabling him or them
to obtain and retain possession of the same, as by him or
them shall be reasonably required. AND THIS INDENTURE
ALSO WITNESSETH that in consideration of the premises,
the said C.D. doth hereby release and discharge the said
ASSIGNMENTS. 77
A.B., Ms heirs, executors, and administrators, and his
and their estates and effects, lands, and tenements, from
the sum of , parcel of the said judgment debt
of , but without prejudice, nevertheless, to the
right of the said C.D., his executors, administrators, or
assigns,'to issue execution upon the said judgment when-
ever he or they shall think proper so to do for any balance
that may remain due thereon, with interest as hereinafter
mentioned, at the time when such execution may be
issued. AND the said A.B., for himself, his heirs, Covenant by
executors, and administrators, hereby COVENANTS and balancTof &
agrees with the said C.D., his executors, administrators,
and assigns, that the sum of , the balance of
the said judgment debt after deducting the said sum of
, shall bear and be chargeable with interest
from the day of , 18 , when the said
judgment was entered up to the date when the same shall
be fully paid and satisfied at the rate of per
cent, per annum, and that in any execution which may
be issued for recovering the balance of the said judgment
debt, it shall be lawful to include interest at the rate
aforesaid, in addition to the balance of principal
money due on the said judgment, any rule of law to the
contrary notwithstanding. IN WITNESS, &c.
THE SCHEDULE referred to.
44. Assignment by Creditors of their Debts in Con- precedent
sideration of an Immediate Composition. 44 -
WE the undersigned, being respectively creditors of Parties.
A.B., of &c. [debtor'}, to the amount of the several sums
of money placed opposite our respective names or the
names of our respective firms in the first column here-
under written, in consideration of the several sums of Consideration.
money placed opposite our respective names or firms in
the second column hereunder written, and paid to us
78
PRECEDENTS IN CONVEYANCING.
Assignment.
Parcels.
Power of
attorney.
Habendum.
Covenant by
creditors for
power to
assign.
respectively by C.D., of &c. [purchaser], on our respec-
tively executing these presents, being after the rate of
shillings in the pound upon the amount of our
respective debts mentioned in the said first column, and
in full for the purchase of such debts, do hereby severally
and respectively assign, transfer, and set over unto the
said C.D., his executors, administrators, and assigns, ALL
and every debts and debt, sum and sums of money, now
due and owing to us respectively, either in our own right
or in copartnership or otherwise, by the said A.B., and
which debts and sums are respectively set opposite our
respective names or firms in the said first column. AND
all dividends to be at any time declared, or to become
payable to us respectively in respect of our said several
debts. AND all securities for the same respectively legal
or equitable in the said premises. TOGETHER with power
for the said C.D., his executors, administrators, and
assigns, in our names respectively or otherwise, but for
his and their own use and benefit, and at his and their
risk and costs to sue for, recover, and receive the said
debts, sums of money, dividends, and premises, and
to sign, seal, and execute good and sufficient releases and
discharges for the same respectively in as full and bene-
ficial a manner in all respects as we ourselves respectively
could do if this assignment had not been made (a). To
HOLD the premises hereinbefore assigned or intended so to
be unto the said C.D., his executors, administrators, and
assigns, as his and their own property and effects abso-
lutely. AND each of us the said creditors for ourselves
respectively, and for our respective heirs, executors,
administrators, and partnership firms, hereby COVENANTS
with the said C.D., his executors, administrators, and
assigns, that we respectively now have good right and
(a) This power of attorney may, under the provisions of the
Judicature Act 1873 (36 & 37 Viet. c. 66, sect. 25, sub-sect. 6) be
omitted, if written notice of the assignment be given to the debtors.
ASSIGNMENTS.
79
full power to assign the said respective debts, dividends,
and premises in manner aforesaid free from incumbrances.
AND THAT we respectively will not at any time hereafter
revoke or make void the aforesaid power or authority
hereby given to the said C.D., his executors, adminis-
trators, and assigns, nor do, execute, or suffer any act or
thing whereby or by reason whereof the said C.D., his
executors, administrators, or assigns, may be in anywise
prevented or hindered from having or receiving the
said premises or any of them to and for his and their own
use and benefit. AND THAT we the said creditors respec-
tively, and all and every other persons or person claiming
under or in trust for us respectively, shall and will on
request, at the cost of the said C.D., his executors, adminis-
trators, or assigns, make and perfect all such affidavits
declarations, and furnish all such information and
accounts, and produce such books and documents in our
possession as may be required for establishing our said
debts respectively before any court of law or equity, or
otherwise. AND will at the like cost on request execute
and do all acts and deeds required for more effectually
assuring the said premises hereby assigned or intended
so to be, and for enabling the said C.D., his executors,
administrators, and assigns, to recover, and enforce pay-
ment of the same respectively to and for his and their
own use and benefit, according to the true intent and
meaning hereof. IN WITNESS, &c.
Free from in-
cumbrances.
Not to revoke
power to sue.
To assist in
establishing
debts.
And for fur-
ther assur-
ances.
Creditors'
signatures.
Seals.
1st column.
2nd column.
Signed,
sealed, and
delivered in
the presence of
Amount of
debt assigned.
Amount of
purchase-money
paid.
s.
d.
M
8.
d.
80 PRECEDENTS IN CONVEYANCING.
precedent 45. Assignment of Shares in a Building Society
I (Endorsed on scrip). (a)
Assignment of I HEREBY assign and transfer ALL my estate and interest
building in the within-mentioned shares in the ' '
Building Society/' to CD. and E.F., both of, &c.
[purchasers] .
DATED the day of , 18 .
A.B. [vendor]*
Witness, G.H.,
(Address),
(Occupation).
(a) In all well-drawn rules of building societies, provisions re-
lating to the transfer of members' unadvanced shares will be found,
and in many cases also a form of such transfer. The transfer
fees, ordinarily Is. per share, are sometimes (though but seldom)
2s. 6d., and it is almost invariably provided that no transfer shall
be valid unless approved by the board of directors, and recorded
in a book of the society kept by the secretary for the purpose.
Further, they are not liable to stamp duty: (6 & 7 Will. 4, c. 32,
s.8.)
ATTESTATIONS. 81
I. DEEDS.()
46. Common Form. Precedent
46.
SIGNED, (b) sealed, and delivered by the within [or above]
named A.B. [vendor], C.D. {purchaser], and E.F. C mmonform -
[trustee] in the presence of, &c.
Y.Z., Witness,
(Address),
(Occupation) .
(a) Under ordinary circumstances a single witness is sufficient,
though the deed would not be void even without any : (2 Black.
Com. 307, 378.) Yet if a power is to be exercised by a deed
attested by two witnesses, a deed attested by a single witness will
be insufficient : (Sug. Pow. 8th edit. 207.) But the 22 & 23 Viet.
c. 35, s. 12, provides that a deed executed after the 13th of August,
1859, in the presence of two or more witnesses in the manner in
which deeds are ordinarily executed and attested, shall, so far as
respects the execution and attestation thereof, be a valid execution
of a power of appointment by deed, or by any instrument in writing
not testamentary, notwithstanding additional or other form of
execution, attestation, or solemnity shall have been required. It is
to be observed that if the power prescribes less than the statute, it
is sufficient to comply with the terms of the power ; but if the
power prescribes more than the statute, it is sufficient to comply
with the statute : (WoodfalTs L. & T., llth edit., 192.)
(6) The omission of the word signed in the attestation to deeds
exercising a power required to be exercised by a writing under-
hand and seal attested by witnesses, and the decisions of Wright v.
Wakeford (4 Taunt. 213), Doe dem. Mansfield v. Peach (2 M. & S.
576), &c., rendered useless some scores of deeds, and required an
Act of Parliament (the 54 Geo. 3, c. 168) to cure the defect.
Ver. sap. As to the vexed question whether a deed must be
signed as well as sealed, see the case of Cherry v. Heming (19 L. JL
Ex. 63.)
82
PRECEDENTS IN CONVEYANCING.
Precedent
47.
By an
attorney.
47. By an Attorney.
SIGNED, sealed, and delivered as the act and deed of
the within [or above] named A.B. by C.D.,(a) his duly-
authorised attorney, in the presence of, &c.
Precedent
48.
By a blind
party.
48. By a Blind Party.
SIGNED, sealed, and delivered by the within [or above]
named A.B. (who being blind) the contents of the
within [or above] written indenture were first audibly
and correctly read over to him, when he seemed
perfectly to understand the same, in the presence
of, &c.
Precedent
49.
49. By a Deaf and Dumb Party.
SIGNED, sealed, and delivered by the within [or above]
named A.B. (who being deaf and dumb, but who could
read) the contents of the within [or above] written
indenture were first read over by him, when he seemed
perfectly to understand the same in the presence
of, &c.
Precedent
5O.
By a marks-
man.
50. By a Marksman.
SEALED and delivered by the within [or above] named
A.B., the contents of the within [or above] written
indenture being first correctly read over to him, when
he seemed perfectly to understand the same, and made
his mark thereto in the presence of, &c.
(a) In executing a deed for the principal, under a power of
attorney, the proper way is to sign in the name of the principal
(White v. Cuyler, 6 T. R. 176); but if that be done, it matters
not in what form of words such execution is denoted by the signa-
ture of the names : (WicJcs v. Black, 2 East, 142.)
ATTESTATIONS. 83
51. Where Obliterations or Erasures. Precedent
51
SIGNED, sealed, and delivered by the within [or above] I
named A.B. the words " " and " " [or,
if long, the words " " to " " inclusive] erasures.
on the line of the skin having been
first obliterated [or, written on erasures] in the presence
of, &c.
52. Where Interlineations. precedent
SIGNED, sealed, and delivered by the within [or above-] "
named A.B. the words " " to " " [or, Where inter-
* Imeations.
if long, the words " " to " " inclusive]
between the and lines of the
skin having been first interlined in the presence of, &c.
53. Where Alterations. precedent
and delivered by the within [or above]
named A.B. the word " " and the names
53
SIGNED, sealed, and delivered by the within [or above] _ "
.
. . . alterations.
and " originally written having
been respectively altered throughout to " " and
" " in the presence of, &c.
54 Of a Surrender of Copyholds. precedent
54
TAKEN and accepted the day and year first-above written "
Vvir TOO Of a surrender
DV me > , of copyholds.
I./..,
Steward of the said Manor.
G 2
84 PRECEDENTS IN CONVEYANCING.
Precedent 55. By a Company.
PASSED under the common seal of the within [or above-]
By a company, named Company (Limited) in the presence of
> Directors.
Secretary.
Precedent 56. Of d BUI of Sale, (a)
'. SIGNED, sealed, and delivered by the above-named [or
Of a bill of fa e sa i<j] grantor A.B., in my presence, the effect of the
above-written bill of sale having been explained to the
said grantor before his execution thereof by me the
attesting solicitor. (6)
Y.Z.,
A Solicitor of the Supreme Court,
(Address).
II. WILLS,
precedent 57. Common Form.
SIGNED [and sealed(c)] by the said A.B. [testator'] in
Common form, the presence of us, present at the same time, who at
(a) See 41 & 42 Yict. c. 31, s. 10, sub-sect. 1. Attestation was not
a requisite under the repealed Acts: (Deffell v. Miles, 15 L. T. N. S.
293.) Nor as between grantor and grantee is it under the present
Act : (Davis v. Goodman and another, 49 L. J. (App.) C. P. 344.)
(6) The foregoing section does not require that in point of fact
the effect of the bill of sale should be explained by the attesting
solicitor to the grantor, but only that the solicitor should state that
he had done so ; and the neglect by the solicitor to perform his duty
of giving the explanation does not avoid the bill of sale either as
against the grantor himself, or any other person : (Ex parte the
National Mercantile Bank, Re Haynes, 49 L. J. Bkcy. 62.) A
solicitor who is a party cannot also attest : (Seal v. Claridge (on
App.) L. J. "Weekly Notes, March 26, 1881.)
(c) A power to appoint under hand and seal is not well exercised
by an unsealed will : (West v. Bay, Kay, 385 ; Collard v. Sampson,
4 D. M. & G. 224.)
ATTESTATIONS. 85
his request in his presence, and in the presence of each
other, (a) have hereto subscribed our names as wit-
nesses. (6)
W.X., Witness,
(Address),
(Occupation).
Y.Z., Witness.
(Address),
(Occupation).
58. Where the Testator is Deaf and Dumb.(c) Precedent
58.
SIGNED by the said A.B. [testator'] (who is deaf and
dumb) as and for his last will and testament after first tor la deaf and
carefully reading over the contents thereof in the presence
of, &c. [as in preceding form] .
(a) It is not necessary that both witnesses should sign in the
presence of each other (Re Webb, 4 W. R. 92 ; Be Allen, 2 Cnr.
331); although it is highly expedient that the attestation should
be completed before any person present leaves the room, as a
licence in this latter respect generally leads to a violation in some
essential particular.
(fe) Two or more witnesses who personally take no benefit under
the particular will they attest. As to person taking under will
attesting codicil, see Gurney v. Gurney (24 L. J. Ch. 656) ;
Tempest v. Tempest (2 Kay & J. 635), and Anderson v. Anderson
(41 L. J. Ch. 247). A will may be attested by marksmen (In the
goods of Amiss 2 Rob. 116.)
(c) If such a testator can neither read nor write, the difficulty of
attestation is of course materially increased, but, from the judgment
of the late Sir C. Cresswell (Ee Owston, 10 W. R. 410), it may be
gathered that if the instructions for a will are taken by a person
habitually conversant with deaf and dumb persons, and explained
to the testator by such person before signature and duly attested,
probate will be granted without an affidavit of due execution.
PRECEDENTS IN CONVEYANCING.
Precedent 59. Where the Testator is Blind.(a)
59.
SIGNED by the said A.B. [testator] (who is blind) as and
^ or k* s last ^U an< ^ testament (the contents thereof
having been first audibly and correctly read over to him)
in the presence of, &c.
Precedent 60. Where another signs for the Testator, (b)
SIGNED by the said A.B. [testator] as and for his last
another signs ^^ an( l testament in manner following, that is to say,
for testator, ^he said A.B. being unable to write [or incapacitated by
illness from writing, or, as the case may be~\ his name, I,
the undersigned, C.D., at his request and by his direction
in his presence wrote his name, and the said A.B. in the
presence of us all declared the foregoing to be his last
will and testament, and we at his request and by his
direction in his presence, and in the presence of each
other, have hereto subscribed our names as witnesses.
Precedent 61. Where the Testator Acknowledges Will.
61
'. SIGNED by the said A.B.(c) [testator], and acknowledged
to-^acknow^ ^ v ^ m as ^ s ^ as * w ^ an< ^ testament, in the presence of,
ledges will. &c. [as in Precedent 57, ante, p. 84.]
(a) Reading over to the testator is not absolutely necessary in the
presence of witnesses : (Longchamp v. Fish, 2 B. & P. N. R. 415.)
(6) The testator's amanuensis may also be one of the attesting
witnesses (Be Bailey, 1 Cur. 914 ; and Smith v. Roberts, 1 Rob.
262) ; but Mr. Barry, in his work on Conveyancing, p. 406, is of
opinion that it is undesirable to use a person in the double office,
and probably the opinion is a sound one and worthy of attention in
practice. Whether or not a person directed by the testator to sign
for him can sign by mark is questionable : (see In the Goods of
Jenkins, 3 Swab. & T. 93 ; but see now In the Goods of Enyon, 42
L. J. P. & M. 52.)
(c) Where the attestation clause was in the testator's own hand-
writing, and was read over and acknowledged by him in the
AUTHORITIES.
62. Where the Testator a Marksman. Precedent
62
SIGNED AND ACKNOWLEDGED by the said A.B. [testator] (he '
making his mark) (a) as his last will and testament, in
the presence of, &c. [as in Precedent 57, ante, p. 84, man -
adding], the contents of the said will having been first
audibly and correctly read over to him in our presence,
when he seemed perfectly to understand the same.
to hold Furniture assigned by a Precedent
Bill of Sale. ^
To A.B., of &c. [agent] .
I HEEEBY authorise and request you to take possession of, Authority to
and hold and retain as agent for me, the household fur- assignecTby a
niture, effects, and things comprised in and assigned to
me absolutely by a certain indenture, dated, &c., and
made between Y.Z., of &c. [assignor], of the one part
and myself of the other part, which said household fur-
niture, effects, and things are now in and upon the
premises known as " Villa," in
aforesaid. (6)
DATED the day of 18 .
C.D. [assignee].
presence of the attesting witnesses, before they subscribed their
names, and the testator's name in the attestation clause was the only
signature to the will, the court held the will was duly executed : (In
the Goods of Walker, 2 Swab. & T. 354 ; and see Be Casmore, 20
L. T. Rep. N. S. 497.)
(a) See In the Goods of Bryce (2 Cur. 325), where a mark was
held sufficient, although the name did not appear.
(6) See Vicarino v. Hollingsworth (20 L. T. Rep. N. S. 362).
88 PRECEDENTS IN CONVEYANCING.
Precedent 64 Authority to convey Land in Respect of
I Shares.
To A.B., of &c. [vendor'] .
Authority to I HEREBY request and authorise you to convey to Mr.
respect of E.F., of &c. [sub-purchaser] , to whom I have transferred
my interest in the shares recently standing in
my name in the books of the Land Society, the
allotments or pieces of land to which I have become
entitled in respect of the said shares, and of the
rules and regulations of the said society, and, in con-
sideration of your so doing, I hereby discharge you from
all responsibility, and relinquish in favour of the said
E.F., all claims to a conveyance of the said pieces of land,
and undertake to hold you indemnified against the claims
of any person or persons (other than the said E.F.),
claiming through or in trust for me, my heirs, executors,
and administrators, in respect of the said shares or the
allotments of land, or otherwise in relation thereto.
DATED the day of 18 .
C.D. [purchaser] .
Precedent 65. Authority to use Notices for transferring
6S - Licences.
To A.B., of &c. [purchaser'] .
Authority to HAVING this day assigned to you for the residue now
transferring 01 unexpired, of a term of years created by an
licences. indenture dated on or about, &c., and delivered posses-
sion to you of the public-house, situate No. , in
Street, , and also delivered to you the
licences attached thereto, and the notices for transferring
the same signed in blank, I hereby authorise you to
insert your own name, or the name of any person you
may think fit, as the transferee of such licences in the
said notices of transfer, signed in blank by me, whenever
AUTHORITIES. 89
you think proper to use the same, and in the meantime I
declare that the person in whose name the said licences
shall be held, shall be possessed thereof in trust for you,
and to be disposed of or transferred by him as you shall
direct without any further consent^ or authority from
me. (a)
DATED the day of , 18 .
C.D. [vendor].
66. Authority to pay Consideration Money to a Precedent
Solicitor, (b)
To A.B., of &c. [purchaser's or mortgagee's agent] .
PLEASE pay the purchase money (or mortgage money) Authority to
of , to which I am entitled for the considera- tion money to
tions mentioned in the annexed deed to Mr. Y.Z, on my solicitor -
behalf. And this order, and my execution of the said
deed and endorsed receipt, shall be your discharge.
DATED the day of , 18 .
C.D. [vendor, or mortgagor].
67. Authority by Cestui que Trusts to Trustees to Precedent
postpone Sale.(c) 6y -
To A.B. and C.D., of &c. [trustees].
WE, the undersigned, E.F. and F.F., his wife (for- Authority to
merly F.H., spinster), G.H.,and I.E. [cestui que trusts],
do hereby, jointly and severally, request and authorise
(a) See note (a) to Precedent 19, ante, p. 23.
(6) See Viney v. Chaplin (2 De G. & J. 468 ; 27 L. J. Ch. 434).
(c) It must be borne in mind that trustees and executors are
liable to make good losses incurred in consequence of deviating
from the terms of their trust, and " family arrangements " should
ever be watched with a jealous eye by the trustees' legal adviser ;
and the more so where some of the cestui que trusts are not sui
juris : (see Stapilton v. Stapilton, 2 Lead. Gas. Eq. 684, et seq.).
90 PRECEDENTS IN CONVEYANCING.
you not to exercise the power of sale given to you by,
and contained in a settlement dated on or about, &c., and
made between, &c., which power was directed to be
exercised on the death of our late mother, H.H., by a
sale of the real and personal estate and property com-
prised in the said settlement, in such manner as the
trustees or trustee of the said settlement should think
most advisable, and the moneys arising therefrom divided
between us, the undersigned and our late brother, A.H.,
now deceased, who died in or about the month of
,18 , leaving infant children him sur-
viving and our sister, B.H., now a minor of the age of
years or thereabouts, and our respective execu-
tors, administrators, and assigns in equal shares as
tenants in common. AND instead of so selling and
dividing the proceeds as before mentioned, we now
request and authorise you in consideration of the natural
love and affection we have and bear to our father, C.H.,
the settlor, to pay or permit him to receive the rents and
profits of the freehold hereditaments, and to have the use
and enjoyment of the household furniture and effects
comprised in the said settlement, for the term of his
natural life, without requiring any payment or other
consideration from him for so doing, or any account of
the expenditure thereof. AND we jointly and severally
undertake to save you harmless, and keep you indemni-
fied against all loss, costs, damages, and expenses, actions,
and suits for so doing, and expressly declare that your
having already delayed exercising the said power of sale,
and your now acting in accordance with this authority
by postponing and not exercising the said power of sale
shall not be chargeable against you, or either of you, as
a breach of trust, and we further undertake to bear all
responsibility in relation to the premises, and to procure
the said children of our late brother, the said
A.H., as well as our sister, the said B.H., respectively,
AUTHORITIES. 91
or their respective representatives, to sign this or a similar
authority on their respectively attaining the age of
twenty-one years, and to indemnify and save you, and
each of you, harmless from all responsibility in the event
of them, or any of them, declining to sign the same.
AND we also undertake to execute any deed or other
writing you may require for more formally testifying our
consent to and carrying into effect the arrangement con-
templated by this authority.
DATED the day of , 18 .
E.F., F.F., G.H., and I.E.
[Cestui que trusts] .
68. Authority to a Trustee and Executor to Sell Precedent
68.
To A.B., of &c. [trustee and executor] .
WE, the undersigned children of C.D., late of &c. Authority to
[testator] , deceased, are unanimously of opinion that it is to sell. '
much more just and equitable, and greatly for our
respective benefit and advantage, that the &c. [described
property], mentioned in the will of our said father,
which is at present unoccupied, and requires a large
expenditure to make it tenantable, should now be sold,
and the moneys arising from such sale, after payment of
all expenses, equally divided between us, instead of
taking our respective chances of being the survivor, and
so becoming by the terms of the said will entitled to the
entirety thereof absolutely. AND we have agreed and do
hereby jointly and severally request and authorise you to
advertise the said property for sale, and to sell the same
either by public auction or private treaty, subject to such
conditions, in such manner, and for such price as you
shall think proper, and we undertake to concur with you
in the assignment or conveyance thereof to the purchaser,
and to execute and do all acts and deeds that may be
necessary or be deemed advisable for carrying the sale
92
PRECEDENTS IN CONVEYANCING.
Precedent
69.
Authority to
trustees to
advance hus-
band money.
into effect. AND we jointly and severally undertake and
agree to save you harmless and to keep you indemnified
from and against all loss, costs, damages, and expenses,
which you may incur, sustain, or be liable unto, by
reason of your acceding to our request, and selling the
said property, and distributing the moneys arising from
such sale. AND after the sale shall be completed, we
further undertake on request to execute to you a full and
complete release and discharge in respect of the premises,
and otherwise by reason of your having acted in accord-
ance with this request.
DATED the day of 18 .
69. Authority by a Wife to Trustees to advance
Husband Money. (a)
To A.B. and C.D., of &c. [trustees] .
I HEREBY authorise you to advance and pay to my
husband, E.F., upon the security of his personal bond,
and to enable him to extend his business, the sum of
, this day received by you from the trustees
and executors of my late father, Y.Z., of &c., deceased,
under the said settlement in part payment, and on account
of my one th share of the residuaiy estate of
my said late father. AND I request that you will not
require any further security than the personal bond of
the said E.F. for the repayment of the said sum, but
such bond is to bear interest after the rate of
per cent, per annum.
DATED the day of , 18 .
F.F. [urife].
L. / j
(a) Pursuant to a power contained in a settlement to advance a
husband money on the security of his personal bond.
AUTHORITIES. 93
70. Authority to Distrain for Rent. Precedent
' )ji "" 70.
To A.B. of &c. [bailiff] and his assistants.
THESE are to desire and authorise you, each and every of Authority to
* * distrain tor
you, together with such person or persons as you shall rent,
think proper to take to your assistance, to enter legally
in and upon the dwelling house and premises now occu-
pied by Y.Z., situate and being No. Street,
in the county of , and there seizejjnj^
distrain all such ffoods and effects, householoeoods,
i^K *~lm i. .._.fl
implements of household, plate, linen and furniture, and
other effects and things as are in his possession, and as
have been within thirty days now last past clandestinely
or fraudulently removed from the same premises to avoid
being distrained, as well as for the satisfying and dis-
charging the sum of , being one quarter's [or
half a year's, or as the case may be] rent due, and in
arrear for the said premises, on the day of
last, as for the costs and charges to attend the making of
the said distress. AND unless the said. rent and charges
^mHk
aforesaid be paid, or the goods to be taken as a distress
replevied in five days from tlio making of such distress,
you arc, at the expiration of such five days to cause the
same and every part thereof to be sold as well for the
discliarg-ing the said rent aforesaid, as defraying the
Expenses attending- the making- of such distress, pursuant
to the directions of the statute in such case made and
provided ; and for your or any of your so doing, this shall
be your sufficient warrant and authority. BUT you are
hereby expressly prohibited from seizing and distraining
any goods or other effects not legally liable to a distress
for rent.
DATED the day of 18 .
C.D. [landlord],
[or C.D., by E.F., his agent.]
94
PRECEDENTS IN CONVEYANCING.
Contracts.
Precedent
71.
Parties.
Witnesseth.
Contract for
sale and pur-
chase.
Payment of
purchase-
money.
Possession.
71. Building Contract.
ARTICLES OP CONTRACT made, &c., BETWEEN A.B. and C.D.,
of &c. [vendors'] , of the one part, and E.F., of &c. [pur-
chaser], of the other part. WHEREBY IT is MUTUALLY
AGREED between the said parties hereto as follows :
1. The said A.B. and C.D. (hereinafter called "the
vendors") shall sell, and the said E.F. (herein-
after called " the purchaser ") shall purchase the
piece of land numbered on the vendors'
plan of Blackacre, as the site thereof is delineated
and coloured on the general plan deposited in the
vendors' office, and being parcel of the c ' Blackacre
Estate," belonging to the vendors, and situate,
&c., at the price of per square yard.
2. The purchaser shall pay the vendors the whole
amount of the said purchase money, and all sums
of money advanced or paid by them to him in
respect of the buildings to be erected on the said
land as hereinafter mentioned, together with
interest on such purchase money and advances
respectively after the rate and to be calculated as
specified in article 15, on the day of
18 , when the purchase is to be com-
pleted.
3. The purchaser shall have immediate possession of
the said land for the purposes and subject to the
conditions in this contract, and all rates, taxes,
and other outgoings in respect thereof, shall from
the date hereof be paid by the purchaser, all rates,
taxes, and outgoings up to this time being cleared
by the vendors.
CONTRACTS. 95
4. The purchaser shall forthwith commence and con- Houses to be
tinuously and without delay proceed with the faction of
erection, and within calendar months from vendors -
the date hereof completely finish fit for habitation,
dwelling houses in a proper and work-
manlike manner, in every respect to the satisfaction
of the vendors or their surveyor, and no building
or erection shall be placed upon any part of the
said land save the said houses.
5. The streets shown on the said plan (one-half in User of
width whereof is comprised in the said plots) 8
shall for ever hereafter be left open and un-
built upon for the free use and enjoyment of
vendors and purchaser for all tenantly purposes
in common with others having a right to the
same.
6. The purchaser shall not erect any dwelling house Portions not
or outbuilding upon the said land within the dis-
tance to the streets shown on the plan approved
by the vendors.
7. The purchaser shall pay shillings out of Surveyor's
every instalment paid to him pursuant to article 1 4 c
as his portion of the surveyor's charge for
approving the buildings.
8. Immediately after the completion of the said houses, streets abntt-
the purchaser shall properly make and form the ^repair, Tc.
parapet with curb-stones, and effectually put in
repair the streets opposite the houses so com-
pleted, and within calendar months from
the time when each street and parapet thereof
shall have been so made and formed, take all
necessary steps for obtaining the adoption thereof
by the local authorities, (a) and until so adopted
shall keep the same in good repair.
(a) As to this, see the General Highway Act (5 & 6 Will. 4,
c. 50.)
96
PRECEDENTS IN CONVEYANCING.
Cost of repair-
ing sewers.
Restrictions.
Conveyance to
contain cove-
nants to such
effect.
Title.
9. The purchaser shall on demand pay to the vendors
one-half of the cost of repairing and maintaining
coextensively with the said land or any part
thereof, all main sewers now or hereafter to be
made by the vendors in or through any of the
said streets. And shall be at liberty (but in a
proper and workmanlike manner in all respects)
to put into all or any of the main sewers from the
buildings to be erected upon the said land, after
days' previous notice in writing at least
of such intention to put into the same shall have
been given to the vendors, who may at all times
do all acts necessary for the proper construction,
maintenance, repair, or inspection of such main
sewers.
10. No noisome or offensive trade, occupation, or pro-
ceeding, nor anything that can or may be deemed
a public or private nuisance, annoyance, or incon-
venience, or any manufactory of vitriol, glass,
copper, brass, iron, or any chemical operation or
chemical works, or any school, or the trade or
business of a brickmaker, melter of fat, fustian
dresser, pipemaker, butcher, tallow chandler, inn-
keeper, beershop-keeper, retailer of beer, wine, or
spirits, shall be carried on upon the said land, nor
shall there be erected thereon any iron or brass
forge or foundry, or any furnace, fire engine, or
steam engine, or any brewery, blubber house,
rosin works, smithy, tanyard, or slaughterhouse.
11. The conveyance to the purchaser shall contain all
such covenants, clauses, and provisions on his part
to the purport and effect herein contained as the
vendors shall require.
12. The vendors shall, within days after having
been requested, at their own expense, furnish the
purchaser with an abstract of their title to the
CONTRACTS. 97
premises sold, commencing with an indenture
dated, &c., with which deduction of title the pur-
chaser shall be satisfied, and shall not require the
production of, or investigate or make any ob-
jection or requisition in respect of the prior title,
whether referred to in any abstracted document or
not.
13. The production and inspection of all deeds and Expense of
evidences not in the vendors' possession, and the evidence.^
procuring and making of all certificates attested,
official or other copies, or extracts from any docu-
ments, whether required for the verification of
the abstract or otherwise, and the getting in of all
outstanding legal estates and terms (if any), and
of searching for, or obtaining any evidence or in-
formation not in the vendors' possession, and all
requisitions of title of any description, shall be at
the sole expense of the purchaser, who shall also
bear the expense of all searches, inquiries, and
journeys, which may be required for the above
purposes, or any of them.
14. To assist the purchaser in erecting the said houses, Advances.
the vendors shall from time to time, during the
progress of the buildings, and so long as the pur-
chaser shall, on his part, observe and perform the
stipulations herein contained, advance and lend to
him such moneys as shall from time to time be
required for the completion of the said houses,
such advances to be made in the amounts, and at
the times set forth in the schedule hereunder
written, provided that the work therein referred
to is approved by the vendors or their surveyor,
whose certificate shall be final. It being clearly
understood that the total amount of such ad-
vances shall not exceed at any one time the sum
of
H
98 PRECEDENTS IN CONVEYANCING.
Lien in respect 15. F O r all moneys so advanced and for the said pur-
chase money and for all other moneys to become
due to the vendors by virtue of this present con-
tract, and the interest thereon respectively, the
vendors shall have a lien (a) and charge on all
buildings erected upon the said land, and all
building materials, and other things brought upon
or near the said land for the purpose of being used
in or about the erection of such buildings, and
such materials shall be considered as immediately
attached to or belonging to the said premises, and
no part thereof shall be removed by the said pur-
chaser without the previous consent in writing of
the vendors or their surveyor, the same being
hereby deemed to be the property of the vendors
until all moneys due to them under this present
contract shall have been fully paid off and dis-
charged by the purchaser.
Insurance. 16. The purchaser shall at all times, so long as any
moneys shall be owing to the vendors under this
present contract, keep insured all buildings erected
or in course of erection for the time being upon
the said land against loss or damage by fire in
such office as the vendors shall direct, and in a
sum sufficient at the least to cover the full amount
of all moneys for the time being owing under
these presents, and shall duly pay all premiums
or other sums necessary for keeping on foot the
said insurance, on the first day on which the same
respectively ought to be paid, and deliver to the
vendors the policy or policies of such insurance,
and the receipt for every such payment. And
that if default shall be made in keeping the said
(a) See Brown v. Bateman, 15 L. T. Hep. N. S. 658 ; 36 L. J.
C. P. 134 ; Ex parte DicTcin, re Waugh, 46 L. J. Bk 26 ; and Ex
parte Meads, re Harrison, 49, ibid. 47.
CONTRACTS. 99
buildings so insured, it snail be lawful for, but
not obligatory upon, the vendors to insure and
keep insured the same, or any part thereof, in
such a sum as they shall think fit ; and all
moneys expended by them for that purpose
shall either be repaid by the purchaser on
demand, with interest as hereinafter mentioned,
or at the vendors' option may be deducted
by them from the advances to be made to the
purchaser.
17. The purchaser shall pay to the vendors interest Interest.
after the rate of per cent, per annum,
to be calculated from the day of
next on the amount of the said purchase money,
and on all other sums of money owing to the
vendors from the purchaser in respect of this
present contract, whether advanced for insurance
or otherwise, from the time or respective times of
such sums respectively being advanced or paid by
the vendors.
18. On the completion of the said houses to the satis- Conveyance.
faction of the vendors or their surveyor within the
said period, and on payment by the purchaser of
the whole purchase money and of all advances
made by the vendors in anywise in respect of the
said houses, with interest on such purchase
money and advances respectively after the rate
and in manner hereinbefore mentioned on the
said day of 18 , the purchaser
shall (provided he shall have duly observed
and performed all and every the stipulations
and agreements on his part herein contained)
be entitled to have a conveyance (at his own
expense) of the plot of land upon which such
houses shall have been so completed and
finished.
H 2
100 PRECEDENTS IN CONVEYANCING.
Time of the 19. It is hereby declared that time is of the essence of
contract, and this contract, (a) and that upon breach, neglect,
entry? or default, by, or on the part of the purchaser of
any of the stipulations or agreements on his part
hereinbefore contained, or if he shall become
bankrupt, institute any proceedings for liquida-
tion of his affairs by arrangement, or make any
assignment or composition, with or for the benefit
of creditors, or in case he shall fail to proceed
with the execution and completion of the said
houses and buildings, or any of them, for the
space of days at any one time, or shall
make default in payment of all or any of the
principal moneys due or to become due to the
vendors under this present contract, and the
interest thereon respectively, at the expiration of
said period of calendar months, then and
immediately thereupon, or at any time there-
after,^) and notwithstanding any previous omis-
sions by or on the part of the vendors to exercise
this present power, or any waiver by them of any
former breach, neglect, or default, it shall be
lawful for the vendors, either by themselves or
their agents or servants, into and upon the said
land and dwelling houses, or any part thereof, in
the name of the whole, to re-enter and to use and
pursue all such ways and means, and adopt all
such measures as may be necessary or deemed
expedient for effecting such entry by force, or
otherwise as occasion may require, without the
necessity of commencing any action of ejectment,
or any other action whatsoever, and to expel,
remove, and put out, the said purchaser, and all
(a) See 36 & 37 Yict. c. 66, sect. 25, sub-sect. 7, and Dart's V. P.
5th ed., 420.
(6) As to this, see Walker and another v. London and North-
Western Railway Company, 36 L. T. Rep. N. S. 53.
CONTRACTS. 101
other occupiers of the premises, and to seize, take,
and retain to, and for their own use and benefit
all buildings, improvements, building materials,
and other things for the time being thereon, and
either to retain the same for their own absolute
use and benefit, freed and discharged from all
right, claims, and demands of the purchaser in
respect thereof or in any wise in relation thereto (a),
or to sell the same or any part thereof by public
auction or private contract, and to retain the pro-
duce of such sale or sales for their absolute use,
and to execute all such assurances as may be
necessary for carrying into effect any such sale.
And upon any sale purporting to be made under
this clause, the purchaser shall not be bound or
concerned to see or inquire whether any of the
cases mentioned herein as authorising a sale has
happened, but upon such re-entry as aforesaid
this present agreement, and every clause, matter,
or thing herein contained, shall cease and be void
both at law and in equity, and the purchaser shall
not be entitled to any compensation or equivalent
whatsoever in respect thereof.
20. Lastly, that the heirs, executors, and administrators Definitions,
of the vendors, and the heirs, executors, adminis-
trators, and assigns of the purchaser shall be
bound by and entitled to the benefit of this present
contract, and the stipulations and agreements
herein contained in like manner as if they had
been respectively named herein next after the
words " vendors "and " purchaser ' ; respectively
throughout as far as the same will admit, and
unless the context or the nature of the case may
require a different construction. As WITNESS, &c.
THE SCHEDULE referred to.
(a) See, however, Ex parte Jay, re Harrison, 44 J. P. 409.
102
PRECEDENTS IN CONVEYANCING.
Precedent
72.
Parties.
Recitals.
Witnesseth.
Agreement to
build.
72. Contract for the Erection of Dwelling
Houses.
AN AGREEMENT made, &c., BETWEEN A.B., of &c. (who
and whose executors and administrators are hereinafter
called " the said builder "), of the one part, and C.D.,
of &c. (who and whose executors, administrators, and
assigns are hereinafter called " the said owner "), of the
other part. WHEREAS the said owner is possessed of a
piece of ground situate in Street, in the
county of upon which he is desirous of erecting
dwelling houses and offices according to the
elevations, plans, and specifications prepared for that
purpose by Y.Z., of &c. [surveyor], under the direction
and to the satisfaction of the said Y.Z., or other sur-
veyor, for the time being, of the said owner, which said
elevation, plans, and specification, are marked with the
figures 1, 2, 3, 4, and 5, and signed by the said builder
and owner respectively. AND WHEREAS the said builder
has proposed to erect and complete the said
dwelling houses and offices, and to make and execute all
other works specified in the said elevation, plans, and
specification within the time hereinafter limited for that
purpose, and according to the stipulations and agree-
ments hereinafter contained for the sum of ,
which proposal the said owner hath agreed to accept.
Now THESE PRESENTS WITNESS that each of them, the said
builder and owner, doth hereby agree, the one with the
other of them, as follows :
1. That the said builder shall, at his own costs and
charges, within days from the date hereof,
commence, and duly and regularly proceed to
erect and complete in the most substantial and
workmanlike manner, with all proper and neces-
sary materials, workmanship, and labour of the
best kinds in every respect upon the said piece
CONTRACTS. 103
of ground, dwelling houses, and offices
behind the same, with the appurtenances and all
other works, matters, and things mentioned and
specified in the said elevation, plans, and specifi-
cation, under the direction and to the satisfaction
of the said Y.Z., or other surveyor for the time
being of the said owner, and for that purpose
shall find and provide all proper and necessary
materials, tools, scaffolding, cartage, cordage, and
other implements and machinery, and shall make
good all damage which may be occasioned either
to the said dwelling houses, offices, and works, or
any of them, or to adjoining buildings by the
execution of the same works, or any of them, and
shall cleanse all bogholes, drains, and cesspools in
or about the premises, and cart and clear away at
such times and in such manner as shall or may be
directed, by the said Y.Z., or other surveyor as
aforesaid, all surplus earth and waste or useless
materials, implements, and machinery which may
from time to time remain during the execution of
the same works, or at the completion thereof.
And also shall pay and discharge all fees now due
or hereafter to become due to the district sur-
veyor or surveyors in respect of the premises,
and shall indemnify the said owner of and from
the same fees, and all claims and demands on
account thereof, and shall, at his own costs and
charges, from time to time until the said
dwelling houses, offices, and works be erected and
completed, and the said owner shall take posses-
sion of the premises, insure, or cause to be
insured, in some office of insurance in the name of
the said owner, all and singular the erections and
buildings for the time being standing on the said
piece of land to the full value thereof, and shall
104 PRECEDENTS IN CONVEYANCING.
deliver the policy to the said owner, and shall
produce to him the receipts for the premiums and
duty attending such insurance from time to time,
when requested so to do, and that in case of fire
all moneys recovered by virtue of such insurance
shall forthwith be applied in reinstating the pre-
mises under the direction and to the approbation
of the said Y.Z. or other surveyor as afore-
said.
Time and 2. That the said builder shall complete, make, and
execute all and singular the said dwelling
houses, offices, and other works in manner afore-
said, and according to the true intent and meaning
of these presents before the day of ,
18 . And that in default thereof the said
builder shall pay to the said owner the sum of
for every week, and at the like rate for
any less period than a week, during which the
said dwelling houses, offices, and works,
or any of them, shall remain unfinished after the
said day of 18 , which sums
may be recovered as liquidated damages, or may
be deducted from the sums payable to the said
builder under this agreement. Provided always
that if the delay arise through or be caused by
the said owner or his surveyor, or through the
requiring any extra or additional work, the said
builder shall be allowed to have such additional
time for finishing the said buildings and works
beyond the said day before fixed as shall have
been lost through the delay occasioned by the said
owner or his surveyor as aforesaid, or have been
necessarily consumed in the performance of such
extra or additional work, and the said payments
for delay shall not become payable until after the
expiration of such additional time or times.
CONTRACTS. 105
3. That in case the said Y.Z., or other surveyor as Surveyor's
aforesaid, shall be dissatisfied with the conduct of p(
any workman employed by the said builder in the
said works, or with any materials used or brought
upon the said premises for the purpose of
being used in the said works, and shall give
notice in writing thereof under his hand to the
said builder, then he shall forthwith discharge
such workman from the said works, and remove
the said materials, and that in case the said
builder shall not in the judgment of the said
Y.Z., or other surveyor as aforesaid, employ a suf-
ficient number of workmen in the execution of the
said works, or have on the premises a sufficient
quantity of materials, tools, or implements of
proper quality for the said works; and the said
Y.Z., or other surveyor as aforesaid, shall, by
writing under his hand, require the said builder
to employ an additional number of workmen, or
bring upon the premises an additional quantity
of materials, tools, or implements, of proper
quality, and shall specify in such notice the
number and description of additional workmen
to be employed, and the quantity and description
of additional materials, tools or implements to be
supplied, the said builder shall forthwith employ
in the said works such additional number of work-
men, and shall forthwith bring upon the premises
such additional quantity of materials, tools, or
implements for the said works, and that in case
he shall refuse or neglect for the space of
days to comply with such notice or
request, it shall be lawful for the said Y.Z.
or other surveyor as aforesaid, to dismiss and
discharge the said builder from the further
execution of the said works, and for the said
106
PRECEDENTS IN CONVEYANCING.
Owner to make
deductions in
certain events.
Materials to
become pro-
perty of
owner.
Payments.
owner to employ some other person to complete
the same.
4. That in such case the sum agreed to be paid to
such other person to complete the said works
(such sum being approved by the said Y.Z. or
other surveyor as aforesaid) shall be deducted
from the said sum of , and the balance,
after making any other deductions which the said
owner shall be entitled to make under this agree-
ment, shall be paid by the said owner to the said
builder in full for the work done by him at the
expiration of months after the said build-
ings shall be completely finished in every respect
according to the true intent and meaning of these
presents.
5. That all materials brought upon the said piece of
land for the purpose of being used in the said
buildings, except such as shall be disapproved of
by the said Y.Z., or other surveyor as aforesaid,
shall immediately they shall be brought upon the
said premises become the property of the said
owner, and shall be used in the said works.
6. That the said owner shall pay to the said builder
for the said works the said sum of in
manner following, that is to say, a first instalment
equal to per cent, on the actual net
cost of all works then executed within
days after the said Y.Z., or other surveyor as
aforesaid, shall in writing certify (a) that the
ground has been excavated to the required depth,
(a) See Batterbury v. Vyse (32 L. J. Ex. 177), as to when action
<os against employer may be maintained if certificate improperly
withheld, and as against architect personally Ludbrook v. Barrett
(36 L. T. Rep. N. S. 616). See also as regards the latter action
Pasley v. Freeman (3 T. R. 51) and Lumley v. Gye (2 E. & B.
216).
CONTRACTS. 107
the brick walls, as well party and inside as retain-
ing walls, built to receive the ground floor joists,
and the joists of the ground floor have been laid in
their places, and all minor works up to that period
completed. A second instalment equal to
per cent, on the actual net cost of all further work
then executed (excluding the cost on which the
previous instalment shall have become payable)
within days after the said surveyor shall
in writing certify that the second floor joists are
all laid in their places, all main walls, party and
otherwise, built up to height of second floor, and
all minor works necessary for that portion of the
work performed. A third instalment equal to
per cent, on the net actual cost of all
further work then executed (excluding the cost of
that part of the works in respect of which instal-
ments shall have previously become payable)
within days after the surveyor shall in
writing certify that the third floor joists have been
laid, and all main walls erected to height of third
floor, and all minor works up to that point com-
pleted. A fourth instalment equal to
per cent, on the actual net cost of all further
works then executed (excluding the cost of that
part of the works in respect of which instalments
shall have previously become payable) within
days after the said surveyor shall certify
in writing that all roof timbers have been laid in
their places ready for slating, and all outside
walls completed exclusive of coping. A fifth
instalment equal to per cent, on the
actual net cost of all further work then executed
(excluding the costs of the works in respect of
which instalments shall have previously become
payable) within days after the said sur-
108 PRECEDENTS IN CONVEYANCING.
veyor shall in writing certify that all slating has
been completed, all flooring boards laid, and
that the walls have received their first coat of
plaster. A sixth instalment equal to the full
amount of the actual net cost of all further work
then executed (exclusive of the cost of the works
in respect of which instalments shall have
previously become payable) within days
after the said surveyor shall certify in writing
that all doors and windows are constructed and
fixed (including glazing), and all walls finished
with plaster, and all chimney pieces, grates, and
ranges are fixed, and the balance of the said sum
of , after deducting the sums which the
said owner shall be entitled to deduct under this
contract, and except the sum of per
cent, on the entire contract price which shall be
retained by the said owner for calendar
months after possession of the buildings shall be
given to him, shall be paid within days
after the said surveyor shall in writing certify
that the remaining works specified herein have
been fully completed and finished according to
this contract, and possession of the premises so
completed delivered to the said owner : and out
of the said sum of per cent, shall be
made good all breakage or defects in any wise
occurring by the settling of walls or otherwise,
howsoever occurring, within calendar
months after delivery of possession to the said
owner, and the balance shall be paid to the said
builder any deficiency to be paid to the said
owner by the said builder. And it is declared
that the amount of the net cost of works on which
the before-mentioned instalments shall be payable
shall be the net cost of materials and labour
CONTRACTS. 109
which shall for the time being have been actually
used and employed in the said works, and shall
be ascertained and fixed by the said Y.Z., or
other surveyor as aforesaid, on an examination of
the accounts of the said builder in respect thereof,
for which purpose the said builder hereby agrees
to keep two books, one showing the true net
amounts paid for labour, and the other the
quantity and net prices of the materials used.
And the said owner and Y.Z., or other surveyor
as aforesaid, shall at all times have free access to
such books, and to all other books, invoices,
papers, and documents of the said builder as the
said owner or the said Y.Z., or other surveyor as
aforesaid, shall require, to ascertain such costs, and
in default thereof the said Y.Z., or other surveyor
as aforesaid, shall be at liberty to withhold his
certificate until the same shall be produced and
found accurate in every respect ; and the said
builder shall produce for examination all such
books, papers, and documents to the said owner
and Y.Z., or other surveyor as aforesaid, when-
ever requested so to do ; and at all times furnish
such true and accurate information in reference
thereto as shall be required.
7. That if the said owner shall at any time or times be Additions,
desirous of making any alterations or additions in
the erection or execution of the said dwelling
houses, offices, and other works, then and in such
case the said builder shall erect, complete, make,
and execute the said dwelling houses, offices, and
other works, with such alterations and additions
as the said owner, or the said Y.Z., or other
surveyor as aforesaid, shall from time to time
direct in writing. And the sum or sums of money
to be paid or allowed between the said parties in
110 PRECEDENTS IN CONVEYANCING.
respect of such alterations and additions shall be
settled and ascertained by the said Y.Z., or other
surveyor as aforesaid, whose determination shall
be final ; but it is agreed that in settling and
ascertaining the said sum or sums of money, the
said Y.Z. or other surveyor as aforesaid, shall not
include any charge for day work unless an account
thereof shall have been delivered to the said
owner, or to the said Y.Z. or other surveyor as
aforesaid, at the end of the week in which the
same shall have been performed, and that no such
alterations or additions shall release the said
builder from the observance and performance of
the agreements herein contained on his part, to
be observed and performed so far as relates to the
other parts of the said dwelling houses, offices,
and works, but that the same agreements shall in
all respects be observed and performed in like
manner as if no such alterations or additions had
been directed.
Provision in 8. That if the said Y.Z. shall die or cease to act as
veyor's death. the surveyor of the said owner, and the said
builder shall be dissatisfied with the surveyor for
the time being of the said owner, then it shall be
lawful for the said builder, at his own expense, to
employ a surveyor on his behalf in the adjust-
ment of the accounts to act with the surveyor for
the time being of the said owner. And in case
of disagreement between such surveyors, they
shall be at liberty to appoint a third, and they or
any two of them shall and may exercise all the
powers and discretions which the said Y.Z. could
or might have exercised under or by virtue of
these presents, if he had lived or continued to act
as the surveyor of the said owner ; but it is agreed
that if the said builder shall employ a surveyor on
CONTRACTS. Ill
his behalf, he shall be nominated within
days after the said builder be informed of the
surveyor for the time being appointed by the said
owner, to whom notice in writing shall forthwith
be given of such nomination. As WITNESS, &c.
73. Contract with a Sub-Contractor. Precedent
73
To A.B., of &c. [contractor] . "
IN CONSIDEEATION of your accepting my estimate of Contract with
for the plumber's work at the dwelling houses tractor!"
you are now erecting for Mr. Y.Z. at , I UNDER-
TAKE AND AGREE, within the time mentioned in your con-
tract with the proprietor, to find all necessary materials
and to execute the plumber's work faithfully and in
every respect according to the plans and specifications,
copies whereof have been submitted to and are now
signed by me, and to save you harmless against all loss,
costs, damages, or expenses to be sustained by you by
reason of any delay or other breach of this contract on
my part. AND in case I shall at any time make default
in duly proceeding with the said work faithfully, and to
the satisfaction of the proprietor's surveyor, of which
default the said surveyor is to be the sole judge, I em-
power you, upon notice from him, to employ such other
contractor or workmen, and to supply such materials as
may be necessary to finish or complete the work in
respect of which I shall make such default, and to deduct
the cost thereof, and all loss you may sustain, or be liable
to by such my default, from the amount (if any) which
shall be payable to me under this agreement ; and, if the
same shall be insufficient, I agree to pay to you on
demand the amount of such deficiency, and all costs to
be sustained by you in recovering the same.
DATED the day of , 18 .
C.D. [sub-contractor] .
112 PRECEDENTS IN CONVEYANCING.
precedent 74. Contract for altering Premises.
! To A.B., of &c. [proprietor] .
Contract for IN CONSIDERATION of the sum of to be paid by
y u to me as foll ws > viz-* > portion thereof
in days from the commencement of the work, or
as soon afterwards as work to the value of
shall be executed and the balance thereof on the work
being completely finished in every respect to your satis-
faction, or to that of your surveyor, I HEREBY UNDERTAKE
AND AGREE at once to commence, and duly and regularly
proceed every lawful day, with a sufficient number of
workmen to execute and finish (and have all rubbish and
other waste cleared away), on or before the
day of 18 , with the best materials of their
respective kinds, and in a good and workmanlike manner,
the whole of the excavating, building, and other works
mentioned or contained or to be reasonably inferred
from, although not specified in, the specification hereto
annexed. AND in accordance therewith I also agree to
be responsible (a) for any accident or mishap that may
occur in the execution of such works, and to remedy and
repair the same at my own expense, and generally to
save you harmless against all loss, costs, damages, and
expenses you may sustain by reason of any delay for
breach of this contract; and in the event of the said
work not being completed and finished on the said
day of , 18 , I will pay to you per
day for each day thereafter during which the same shall
remain unfinished or uncompleted, until completion, as
ascertained and liquidated damages by reason of such
delay and not by way of penalty ; and I hereby authorise
() This will be inferred unless the parties stand in the position
of master and servant ; for a person who employs another to do a
lawful act is presumed to employ him to do it in a lawful and
reasonable manner : (Butler v. Hunter, 31 L. J. Ex. 214.)
CONTRACTS. 113
you to retain the said per day out of money
that may be payable to me. AND in case I shall at any
time make default in duly proceeding with the said work
every lawful day, faithfully, and to your satisfaction, or
that of your surveyor, of which default he shall be sole
judge, I empower you to employ such other contractor
or workmen to supply, &c. [as in Precedent 73, ante, p.
Ill] . I FUETHBE AGREE that no extras shall be charged to
you or paid for, except on the written order of yourself
or your surveyor, and any extra works ordered are not
to be deemed a breach of this contract, but an extension
of time is to be allowed to me beyond the said
day of , 18 , at the rate of one day for every
of extra work.
DATED the day of , 18 .
C.D. [contractor].
75. Contract for pulling down Premises. precedent
75.
To A.B., of &c. [proprietor] .
IN CONSIDERATION of , and also in consideration Contract for
of your giving up to me, free of charge, all the old
materials (except the grates and mantel pieces) in, upon,
or about the messuage and premises situate, and being
No. in Street, , and belonging
to you, and now about to be pulled down, I HEREBY
UNDERTAKE AND AGREE forthwith to commence, and duly
and regularly proceed every working day, with such a
number of workmen, horses, and carts as can conveniently
and properly be employed on the work, and as may be
directed by your surveyor, and carefully pull down,
remove, and clear away the said messuage and buildings
belonging thereto to the foundations thereof, and daily
cart away such parts thereof as may be pulled down ;
and I will not allow any part thereof to accumulate on
the laud nor in the street, so as to cause any obstruction.
i
114 PRECEDENTS IN CONVEYANCING.
AND I UNDERTAKE to have all works in and about the
same completed, and all the old materials, rubbish, and
other waste caused by the said works, finally cleared and
carted away and the foundations laid entirely bare and
excavated to such a depth as your surveyor may reason-
ably direct for the foundations of the new building,
before the day of , 18 AND I ALSO
UNDEETAKE at my own expense forthwith to erect a barri-
cade or hoarding, inclosing the frontage to
Street of the said messuage and buildings, not less than
feet in height, and to be fixed and attached to
substantial posts or holdfasts, nevertheless to be con-
structed as to part thereof, as to be removable when
required, and as may be directed by your surveyor, such
hoarding to be erected and completed in a workmanlike
manner and to the satisfaction of the Borough Surveyor
[or other officer of local authority] . I AGREE to use the
utmost care in the performance of the works, and not to
cause any damage or injury to adjoining properties.
AND, whenever it may be necessary, I undertake properly
and effectually to shore up and support adjacent build-
ings in any wise dependent for support upon the mes-
suage and premises now to be pulled down; such shores
or other supports to be provided and set up by me, at my
own expense, and to be removed by me when your sur-
veyor shall certify to me that such support is no longer
necessary by reason of the support to be given by the new
buildings. AND I agree and bind myself to be personally
responsible for any accident, &c. [undertaking to answer
for damage, and authority to complete work as in Precedents
73 and 74, ante, pp. Ill and 112] . AND IT is AGREED that
you are to pay me the said < within
months after I shall procure and deliver to you the cer-
tificate of your surveyor that the works have been done
and materials and rubbish cleared away faithfully and
according to this contract to his satisfaction, and in case
DECLARATIONS OF TRUST. 115
any difference or dispute shall arise between us, the same
shall be referred to such surveyor, whose decision in the
matter shall he final and binding without appeal.
DATED the day of , 18 .
C.D. [contractor].
Iktlaratuma 0f Crusty
76. Declaration of a Person's Name being used in precedent
Trust for another. 76 -
WHEREAS by a surrender acknowledged on the Declaration of
day of 18 , by A.B. and C.D., of Ac. U8er of name '
in consideration of therein mentioned to be
paid by me, the undersigned E.F., of &c. [trustee], to the
said A.B. and C.D., they the said A.B. and C.D. sur-
rendered a piece of land and dwelling house, situate in
, unto and to the use of me the said E.F.,
according to the custom of the manor of . Now
I, the said E.F., do hereby acknowledge and declare that
the said sum of was the proper money of Y.Z.,
of &c. [cestui que trust], and that my name was made
use of in the said surrender, and in the deed of covenants
relating to the said land and dwelling house as a trustee
only for the said Y.Z. AND THAT I will, whenever
required by the said Y.Z., and at his expense, surrender
the hereditaments and premises to him and his heirs, or
as he or they may direct. As WITNESS, &c.
E.F. [trustee].
(a) Declarations of trust of freehold, copyhold, or leasehold land,
&c., are required by the Statute of Frauds to be evidenced by some
writing, signed by the party declaring the same. Aliter if money,
even though secured on real estate, or of chattels personal : (1 Sp.
497, 498 ; 2 Sp. 19 et seq. and 897 ; Peclcham v. Taylor, 31 Beav.
250.)
i 2
116 PRECEDENTS IN CONVEYANCING.
Precedent 77. Declaration as to Shares in a British Ship
being held in Trust. (a)
To A.B., of &c. [cestui que trust] .
Declaration as J HEREBY acknowledge and declare that you have paid and
to shares m
ship. provided parts or the purchase-money and outfit
of the barque of the official number of
which vessel is , and the bill of sale whereof, Mr.
Y.Z. [vendor], has been made out in my name alone as
purchaser, and dated, &c., and duly registered at
AND I DECLARE that I will hold and stand possessed of in
trust as you may direct equal parts or
shares of the entirety of the said vessel and her freight
and earnings, and that I will on request account for the
same, and at any time transfer the said parts or
shares to you, or to any person or persons you jnay
appoint. AND I UNDERTAKE to account in accordance
with this memorandum for the like share of the moneys
arising from any insurance of the said vessel in case of
loss.
DATED the day of 18 .
____ C.D. [trustee].
precedent 78. Declaration by an Executor of Pilot-boat
78m Shares being held in Trust for himself and
Co-executors.
To A.B. and C.D., of &c. [co-executors] .
The like of I HEREBY acknowledge and declare that the
pilot-boat. shareg in the NQ> ilot boat of
(a) No notice of any trust, express, implied, or constructive shall be
entered in the register or receivable by the registrar (17 & 18 Viet.
c. 104, 8. 43). The effect of this provision is to recognise the
existence of unregistered interests in British ships and registered
ownerships in trust for partnerships, and persons not named on the
register, thus making the registered owner personally responsible
for breach of trust in equity.
DECLARATIONS OF TRUST. 117
recently transferred to me and now standing in my
name alone in the registry of that boat are the property
of the estate of Y.Z., late of &c., deceased, [testator], and
that I am possessed thereof in trust for you conjointly
with myself, as executor and executors of the said will,
upon and for the trusts, intents, and purposes of and in
the said will expressed and declared of and concerning
the same. AND I UNDERTAKE, from time to time, to
account for and pay over to the persons entitled thereto
all proceeds to be received by me in respect of the
ownership of the said shares as and when received, and
that I will at any time, upon request, transfer the said
shares and deal with the same as you may direct. AND I
DECLARE that I have no title to, or interest in, such
shares, except as a trustee for you and except my interest
as one of the children of the said testator entitled to a
distributive share with my brothers and sisters under the
said will.
DATED the day of 18
E.F. [co-executor] .
79. Declaration by a Mortgagee of Mortgage precedent
Money being Trust Money. 79 -
I HEREBY acknowledge and declare that the principal Declaration of
sum of , mentioned in a certain indenture of mone^being
mortgage, bearing date, &c., and made between, &c., K st mone y-
which sum is expressed therein to have been lent and
paid by me to the said A.B. [mortgagor], was not, in
fact, money belonging to me, but the said sum of
formed part of the estate of Y.Z., late of &c.,
deceased.
DATED the day of 18 .
C.D. [mortgagee].
118
PRECEDENTS IN CONVEYANCING.
Precedent 80. Equitable Mortgage of Interest under Con-
80 ' tract to secure existing Debt and future
Advances.
Parties.
Recital of
contract.
AN AGREEMENT made, &c., BETWEEN A.B., of &c. [mort-
gagor], of the one part, and C.D., of &c. [mortgagee], of
the other part. WHEREAS by an agreement dated, &c.,
and made between Y.Z. [vendor], of the one part, and
the said A.B. of the other part, the said Y.Z. agreed to
sell to the said A.B. at the price of and [if so]
subject to all reservations, restrictions, and agreements,
affecting the same, All, &c. [parcel's from contract] . And
it was thereby agreed that the said A.B. should forthwith
commence and proceed with all expedition to complete
the erection on the said land of messuages or
dwelling houses, and that the said Y.Z. should advance
to him the sum of for each house to enable him
indebtedness, to complete the same. AND WHEREAS the said A.B. is
indebted to the said C.D. in the sum of , or
thereabouts, for sold and delivered by the said
C.D. to the said A.B. to enable him to proceed with and
complete the said messuages or dwelling houses
as the said A.B. doth hereby acknowledge, and he may
become further indebted to the said C.D. in respect of
the same messuages or dwelling houses. AND WHEREAS
the said C.D. having required security for the said sum
of , and such further sums as the said A.B.
may become indebted to him, the said A.B. has agreed
to give security for the same, and interest in manner
Witnesseth. hereinafter appearing. IT is WITNESSED that in pur-
And agree-
ment for
security.
EQUITABLE MORTGAGES. 119
suance of the said agreement, and in consideration of Consideration.
the premises, the said A.B. doth hereby promise and Agreement for
agree to and with the said C.D., his executors, adminis- debt further
trators, and assigns, that the said A.B., his executors, or -jffeJSJJ 8 "**
administrators, shall and will pay on demand unto the
said C.D., his executors, administrators, or assigns, the
said sum of , together with, all other sums
which may be owing at the time of such demand to the
said C.D., his executors, administrators, or assigns, upon
any account whatever relating to the said messuages or
dwelling houses with interest thereon, after the rate of
per cent, per annum to be computed as to the
said sum of , from the date hereof until
payment, and as to any other sum or sums from the date
of the same, being respectively advanced or becoming
due in cash until payment. AND FOR THE CONSIDERATION Charge.
aforesaid, the said A.B. doth hereby charge the said
piece of land messuages, or dwelling houses
hereinbefore mentioned, AND all his estate and interest Parcels.
therein ; AND all the benefit and advantage of him, the
said A.B., under the said recited agreement of, &c., with
the payment of the said sum of ; and further
sums (if any), AND DOTH DECLARE that these presents Declaration
u n / J * vi * A. ., thatthepre-
shall operate as a good equitable secunty to the said miaes shall
C.D., his executors, administrators, and assigns for the
said sums and interest. AND FURTHER that the said Agreement to
A.B., his executors or administrators shall and will, on mortgage. 8 ^
request, execute and deliver to the said C.D., his exe-
cutors, administrators, or assigns, a legal mortgage of
the said premises, and such mortgage shall be prepared
by the solicitor of the said C.D., at the expense of the
said A.B., and shall contain a covenant for payment of
the said sum of , and interest and such further
sums and interest on demand, and such power of sale
and all other usual powers as to the said C.D., his
executors, administrators, or assigns, shall require to be
120 PRECEDENTS IN CONVEYANCING.
inserted therein, having for their object to secure the
payment to the said C.D., his executors, administrators,
or assigns of the said sum of and interest,
and such further sums and interest by sale of the said
premises, either by public auction or private treaty ; and
of all expenses to be occasioned thereby, and either
subject to, or discharged from, the claims of the said
Direction to Y.Z., under the said recited agreement. AND IT is
event of a sale AGREED that in the event of a sale of the said premises
fhe^t U ract r bv the said Y ' Z - under the P ower in that Behalf contained
to pay surplus i n the said recited agreement before the said legal
moneys to the
mortgagee mortgage shall be executed to the said C.D., his execu-
tors, administrators, or assigns, the said A.B. doth hereby
direct the said Y.Z. to pay, and hereby empowers the
said C.D., his executors, administrators, or assigns, to
receive and give a valid discharge for the surplus moneys
arising from any such sale, and to adjust and settle all
accounts with the said Y.Z. in relation to the said recited
agreement; and the moneys arising from the rents and
, sale of the said premises under the powers in that behalf
Agreement as therein contained. AND IT is AGREED that in the event
to sale or sur- ,. , , . -, . 1,1 -jr\T\ J/L
plus moneys, of a sale ot the said premises by the said (J.I)., or in the
event of the payment to him of the surplus moneys in
the hands of the said Y.Z., arising from any sale or
otherwise, the said C.D., his executors, administrators,
or assigns, shall apply the moneys when received, first
in payment of all expenses he or they may be put to in
recovering the same, and then in or towards payment of
the moneys, and interest due under this agreement, and
pay over the balance (if any) to the said A.B., his exe-
cutors, administrators, or assigns, (a) As WITNESS, &c.
(a) An agreement, accompanied with a deposit of title deeds, for
making a mortgage is subject to a mortgage stamp ; but this instru-
ment having once borne the ad valorem stamp, the mortgage after-
Avards executed in pursuance of it is liable only to the stamp
applicable to a common deed : (6 Jann. Conv. 234, note)(a).
EQUITABLE MORTGAGES. 121
81. Equitable Mortgage by Partners of Premises Precedent
subject to a prior Legal Mortgage. 81<
AN AGREEMENT made, &c., BETWEEN A.B. and C.D., of Parties.
&c. [mortgagors'], of the one part, and E.F., of &c.
[mortgagee], of the other part. WHEKEAS the. said A.B. Eecitaiof
and C.D. are indebted to the said E.F. in the sum of
for money lent and advanced by him to them.
AND WHEREAS the said E.F. having required security for And agree-
the repayment of the said , the said A.B. and ty.
C.D. have agreed to give such security for the same with
interest as hereinafter appears. Now THESE PRESENTS Witnesseth.
WITNESS, that in pursuance of the said agreement, and in
consideration of the sum of , so due and owing Consideration,
as aforesaid, the said A.B. and C.D. do hereby promise Agreement for
and agree to and with the said E.F. that the said A.B. debTandin-
and C.D., or the survivor of them, shall and will, upon e
demand, well and truly pay unto the said E.F. the said
sum of , with interest thereon, from the
day of 18 , after the rate of
per cent, per annum. AND THESE PRESENTS ALSO WITNESS Witnesseth.
that for the consideration aforesaid the said A.B. and
C.D. hereby charge with the repayment of the said sum Charge,
of and interest as aforesaid, ALL that piece of
land, &c. [parcels], subject to a mortgage already sub- Parcels,
sisting thereon for securing , and interest, but
otherwise free from all charges and incumbrances what-
soever, AND all the estate and interest of the said A.B. Declaration
and C.D. respectively in the premises. AND the said S^hSTbe
A.B. and C.D. hereby declare that these presents shall a .e od 8ecu '
operate as a good equitable security to the said E.F. for
the said sum of and interest as aforesaid.
AND ALSO that the said A.B. and C.D., or the survivor of Agreement to
them, shall and will, upon request, at their expense,
execute to the said E.F. a valid legal mortgage of the
premises, and such mortgage shall contain a covenant
122
PRECEDENTS IN CONVEYANCING.
Power for
let pfemises
Direction to
byTim to pay 6
surplus
moneys to
mortgagees,
Agreement as
moneys.
for payment of the said sum of and interest as
aforesaid upon demand, and all such powers of sale and
other powers as are usually inserted in mortgage deeds
and as may be required on behalf of the said E.F.,
having for their object to secure the repayment of the
said sum of , with interest as aforesaid, by a
sale of the premises either by public auction or private
contract, and the payment of all expenses occasioned
thereby, and either subject to or discharged from the
before-mentioned mortgage security. AND IT is FURTHER
AGREED that until the said legal mortgage shall be given,
it; sha11 be lawful for the said E.F. to enter upon the said
premises and to let and manage the same, and to receive
the rents and profits thereof, and to apply them in like
manner as is hereinafter mentioned with regard to the
surplus moneys. (a) AND IT is HEREBY DECLARED that in
the event of a sale of the said premises or any part
thereof under the said mortgage security, or under any
other security to which they shall be subiect before the
said legal mortgage shall be executed to the said E.F.,
the said A.B. and C.D. direct the person or persons
making such sale to pay, and hereby empower the said
E.F. to receive and give effectual discharges for the
surplus moneys arising therefrom, and to adjust and settle
all accounts in relation to the said mortgage security,
and the moneys arising from the rents or sale of the said
premises under the powers therein contained, and the
said person or persons shall not be required to see to the
application, or be in anywise answerable for the misappli-
cation of the moneys mentioned in any such receipt. AND
LASTLY it is agreed that the said E.F. shall apply the said
surplus moneys when received first in payment of all
expenses incurred by him in recovering the same or
(a) The deposit of title deeds is a sufficient authority to the
mortgagee to receive the rents : (Garry v. Sharratt. 10 B. & C.
717).
EQUITABLE MORTGAGES. 123
otherwise incidental thereto, and then in or towards
payment of the said sum of and interest as
aforesaid, and then pay the balance (if any) to the said
A.B. and C.D. as part of their partnership estate. As
WITNESS, &c.
82. Equitable Mortgage by a Mortgagee of Interest Precedent
under Mortgage, and giving priority. 82m
To A.B., of &c. [mortgagee].
I HEEEBY acknowledge that I am indebted to you in Acknowledg-
the sum of for money lent by you to me, debtedness.
and interest thereon, and for securing part whereof
with interest at per cent, per annum, I have
already given to you security by second mortgage on
certain properties in , belonging to me. Now Consideration.
IN CONSIDEEATION of my said indebtedness, and of your
forbearing to realise your said security for calen-
dar months from this date, I AGREE to pay you the said Agreement to
sum of and interest thereon at the rate of Everest.
per cent, per annum (in lieu of interest at
the rate of per cent, per annum) within the
said period of calendar months. AND as a Charge.
further security for the due payment thereof I hereby
charge ALL my estate and interest under a certain inden- Parcels,
ture of mortgage dated, &c., and made between Y.Z. of
&c. [mortagor], of the one part, and myself of the
other part, for securing to me the sum of and
further sums and interest, which indenture contains a
prior charge for securing to you from the said Y.Z.
(with my concurrence) and interest. AND Certain
/-ITI 11 charges to
for the consideration aforesaid 1 also agree that the sum have priority,
of with interest at the rate of per
cent, per annum, from &c., owing to you by the said
Y.Z. under a further charge, dated, &c., shall, in addi-
tion to the said sum of and interest secured
124
PRECEDENTS IN CONVEYANCING.
to you by the said indenture of, &c., take precedence
of my said debt and interest, and be a charge prior
to my charge on the hereditaments mortgaged by the
said Y.Z. AND THAT you shall receive payment in. full
of all moneys and interest that may be due to you from
the said Y.Z., on a final settlement of accounts, before
I shall be entitled to receive the said sum of
and interest, or any part thereof, under the said inden-
Declaration ture of mortgage. AND I DECLAEE that you shall hold
AV j XT.- *
premises shall this charge as a good equitable security for the said sum
security* 1 ^ ^ an ^ interest as aforesaid. AND I UNDER-
Undertaking TAKE to execute to you upon request any further
legal mort- assurance of my interest under the said indenture of
mortgage that you may require.
DATED the day of , 18 .
C.D. [mortagor] .
gage.
Precedent
83.
Deposit of
deeds.
Object of
deposit.
83. Equitable Mortgage by a Deposit of Deeds.(a)
To A.B., of &c. [mortgagee'] .
HAVING deposited with you the title deeds (in a box)
relating to the Estate in belonging
to us as Trustees for the Land Society in pur-
suance of a resolution of the Society authorising us in
this behalf, WE HEEEBY DECLARE that the same title deeds
are held by you for securing to you the repayment of
all moneys which are now owing, or which may here-
after be owing to you by the said Land Society,
or by us as Trustees thereof, whether alone or jointly
with any other person or persons, or which the said
(a) A memorandum merely stating why title deeds are depo-
sited is not an a'greement for a mortgage, and needs not be
stamped (Meek v. Bayliss, 31 L. J. Ch. 448) ; neither is a
memorandum of the deposit of goods chargeable as a mortgage :
(Attenborough and the Commissioners of Inland Revenue, 25 L. J.
Ex. 22.)
EQUITABLE MORTGAGES. 125
Society may from time to time on any account, or
in any way owe or be liable to, or in a position to
become liable to pay to you, or which you may be or
become liable to pay on the Society's account, whether
otherwise secured or not, and notwithstanding time to
pay may be given by you to persons liable for the same
together with interest thereon, after the rate of
per cent, per annum. (a) AND in case the moneys hereby Power of
intended to be secured with interest as aforesaid shall
not be paid within calendar months after de-
manded, we empower you to sell and dispose of the said
estate in such way and for such price as you may think
proper, with the discretion and powers of an absolute
owner, and to execute transfers on our behalf, and to
give receipts which shall discharge purchasers from all
liability, (b)
DATED the day of 18
C.D., E.F., and G.H. [mortgagors].
84 Equitable Mortgage of Deeds given with a Precedent
Promissory Note.
AN AGKEEMENT made, &c., BETWEEN A.B., of &c. Parties.
[mortgagor] , of the one part, and C.D., of &c. [mort-
gagee], of the other part. WHEREAS by a promissory Eecital of
note under the hand of the said A.B., bearing even date
herewith, the said A.B. promised to pay unto the said
(a) Where a deposit of deeds is accompanied with a memorandum
in writing, the kind, and amount of charge intended to be created
by the deposit must be ascertained solely by reference to the written
document (Shaw v. Foster, 42 L. J. Ch. (H.L.) 49.)
(6) The proper remedy for an equitable mortgagee with a deposit
of title deeds relating to land is by a decree for foreclosure and not
a sale : (James v. James, 42 L. J. Ch. 386) ; aliter for a pledgee of
chattels who is only entitled in equity to a sale : (Carter v. Wake,
46 ibid. 841.)
126
PRECEDENTS IN CONVEYANCING.
And agree-
ment for
further secu-
rity.
Witnesseth.
Charge.
Agreement to
execute legal
mortgage.
C.D. the sum of , with interest thereon,
after the rate of per cent, per annum from
the date thereof, months after the date of the
said note, for money lent to the said A.B. by the said
C.D. AND WHEREAS it has been agreed between the said
parties that, for further securing the payment of the
said sum of , the said A.B. shall deposit,
and he hath accordingly this day deposited, with the
said C.D. the title deeds mentioned in the schedule
hereto. Now THESE PRESENTS WITNESS that, for further
and more effectually securing unto the said C.D. the pay-
ment of the said sum of and interest there-
on, after the rate of per cent, per annum, to
be computed from the date hereof, in case the said note
shall not be paid when due, the said A.B., for himself,
his executors, and administrators, doth hereby agree
and declare with and to the said C.D., his executors,
administrators, and assigns, that the said title deeds
shall remain a security unto him and them for payment
of the said sum of and interest as aforesaid,
and that until payment thereof it shall be lawful for
the said C.D., his executors, administrators, and assigns,
to retain the said deeds. AND THAT the said A.B., his
executors, and administrators, and all necessary parties,
will, whenever thereunto required, at his or their own
expense, make and perfect all such acts, deeds, and
assurances, as shall be requisite for legally and effec-
tually vesting in the said C.D., his executors, adminis-
trators, or assigns, the property comprised in the said
deeds, and for enabling him or them to sell the same,
and retain out of the proceeds the expenses attending
such sale, and the principal moneys and interest intended
to be hereby secured. As WITNESS, &c.
THE SCHEDULE referred to.
EQUITABLE MORTGAGES. 127
85. Letter accompanying a deposit of Title Deeds Precedent
with Bankers for securing Floating Balance 85 -
of Account.
To the A.B. Banking Company (Limited).
I HAVE deposited with, you the documents mentioned in Letter accom-
the schedule hereto, and I charge all my estate and interest p0 sit of deeds,
which I have now or may have in the property to which
these documents or any of them relate, and particularly
in property at [description] with the payment of all such
sum and sums of money as either alone or jointly with
any person or persons whomsoever and in whatever name
or firm I now owe and shall at any time or times here-
after owe to you, as bankers or otherwise, together with
interest, commission, banking charges, law and other
costs, charges and expenses, and this agreement shall be
a continuing security notwithstanding any settlement
of account or other thing whatsoever. AND I AGREE to
execute whenever required by you (but without prejudice
to any rights as to sale, or otherwise which may belong
to you as equitable mortgages) a legal or formal mortgage
by deed of the aforesaid property for further securing
such sums or sums as aforesaid; such mortgage to be
from and to such persons or corporations, and with such
powers of sale and other powers and provisions as your
solicitor shall advise. AND I AGREE to pay all costs and
expenses of or connected with this agreement or such
mortgage and incident thereto and consequent thereon
respectively, and I charge the aforesaid property there-
with and with interest thereon.
DATED the day of 18 .
C.D. [customer] .
THE SCHEDULE referred to.
PRECEDENTS IN CONVEYANCING.
Precedent 80. Equitable Mortgage by a Publican to a Brewer
*?; with whom he Deposits a Copy of his Lease.
Parties. AN AGREEMENT made, &c., BETWEEN A.B., of &c. [mort-
gagor], of the one part, and C.D. of &c. [mortgagee], of
Becitalof the other part. WHEREAS the said A.B. is the lessee
under an indenture of lease, dated, &c., of all that
licensed public-house and premises, called the " ,"
situate in , now in his own occupation for the
residue of a term of years, commencing on the
day of 18 , subject to the rent, cove-
nants, and conditions, therein reserved and contained.
Agreement for AND WHEREAS the said C.D., at the request of the said
to a tradewith a A.B., has agreed to lend him the sum of , and
tTgtfe a seci a * d the said A - B v "having proposed to trade with the said
rit 7- C.D. in the way of his business, may become further
indebted to the said A.B., and in order to secure the
payment of all such moneys with interest, the said C.D.
has proposed to deposit the said lease with Y.Z., of &c.
[depository], to be held for the mutual benefit of lessor
and lessee, and the said C.D., and also to charge his
interest in the premises comprised in the said lease, as
And also pro- security to the said C.D. AND WHEREAS the said A.B.
has also proposed that the said C.D. should draw upon
him a bil1 of ex change for the sum of , to bear
gagor for . even date herewith, payable months after date,
and to be from time to time renewed in part, as herein-
after mentioned, to which proposals the said C.D. has
Witnesseth. agreed. Now THESE PRESENTS WITNESS that in pursuance
Consideration, of the said agreements, and in consideration of
Eeceipt. now lent by the said C.D. to the said A.B. (the receipt
whereof he hereby acknowledges), the said parties hereto
hereby mutually agree the one with the other of them as
follows :
Deposit of 1. The said A.B. hereby deposits with the said C.D. a
decoration" 1 copy of the said lease, and declares that these
EQUITABLE MORTGAGES. 129
presents shall enure as a good equitable mortgage that the pre-
i-u j \ i a mises shaU
or the premises comprised in such lease, and in an be a good
agreement endorsed on such lease the said A.B. se
doth hereby charge the same premises, and the
goodwill in trade, fixtures, furniture, utensils, and
effects in the said public-house and hotel called the
" " and the possession thereof as a secu-
rity for the payment of the said sum of
and as a continuing security for all such other
sum or sums of money, as the said A.B. may from
time to time become indebted to the said C.D.
upon any account whatsoever, with interest on all
the said moneys, at the current rate of interest
for the time being, charged by bankers in
to customers on overdrawn accounts, such interest
to be computed from the date hereof on the said
sum of , and on all other moneys from
the time of the same being advanced or becoming
due in cash.
2. The said A.B. shall, upon request, obtain the con- Mortgagor to
sent of the lessor and execute and deliver at his
own expense to the said C.D. such legal assign- re( i ue8t '
ment or underlease by way of mortgage of the
said leasehold premises with all such powers of
sale and other powers as the said C.D. shall
require to be inserted therein, and shall also assign
to the said C.D. all and singular the articles of
furniture, fixtures, utensils, chattels, and effects,
in, upon, or belonging to the said public-house,
hotel, and premises, and used in or about the
same, in carrying on the business thereof. And
all the tenant's interest and goodwill in trade of
the said A.B. therein, and all the estate and
interest of the said A.B., therein or thereto, with
such powers of sale and other powers as aforesaid,
as a security for the payment of all the moneys
K
130
PRECEDENTS IN CONVEYANCING.
And transfer
licences.
Declaration
that lease is
valid, that
observe cove-
nants and in-
demnify mort-
spect thereof.
and interest hereinbefore mentioned and agreed
to be secured as aforesaid.
3. The said A.B. shall, upon request by the said C.D.,
. , r . , ,, ,
sign or procure such signature as shall be necessary
to any documents required for transferring the
licences belonging to the said public-house and
hotel to the said C.D., or to such person as he shall
nominate or appoint; and in case of refusal so to do,
or of the absence or disability of the said A.B., it
shall be lawful for the said C.D., and the said A.B.
expressly authorises and empowers the said C.D.,to
sign and use the name of the transferror of the
said licences to any such documents and all other
acts necessary for transferring the said licences.
4. The said A.B. hereby declares that the said lease
, 11,1 11
and agreement endorsed thereon are a good and
subsisting lease and agreement of the premises
thereby demised, and that he will duly pay the
J J r j
rent reserved, and observe, perform, and keep the
covenants, conditions, and agreements contained
in the said lease and agreement, and on the part
of the lessee, his executors, administrators, or
assigns, to be observed and performed, and save
harmless and keep indemnified the said C.D.from
all claims, demands, and expenses by reason of
any non-payment of the said rent, or non-observ-
ance or non-performance of the said covenants,
conditions, and agreements of any of them, and
will on request produce to the said C.D. the
receipts to show that the said rent has from time
to time been duly paid, (a)
(a) Though such a clause as this is more frequently than not
inserted in agreements accompanying deposits of leases, it is not
absolutely necessary, as an equitable mortgagee is not liable in
case of non-payment of rent or breach of covenant: (see Moore
v. Gregg, 2 Phil. 717 ; Cox v. Bishop, 26 L. J. Oh. 389.)
EQUITABLE MORTGAGES. 131
5; The said A.B. shall at his own expense insure from Mortgagor
damage by fire in the sum of at the m
least, all the insurable fixtures, furniture, and
fittings in the said public-house, hotel, and pre-
mises, and shall deliver the policy to the said C.D.,
and so long as any money shall be owing to him
he shall pay all premiums of insurance in respect
thereof and deliver every receipt for the premium
to the said C.D.
6. days before the maturity of the said bill Provisions as
of exchange for and also days bills of ex-
before the maturity of each of the renewed bills cliail g e -
of exchange hereinafter mentioned (except the last
thereof), but so long only as the agreements herein
contained on the part of the said A.B. shall be
well and truly performed, the said bill of exchange
shall be from time to time renewed by the said
C.D. drawing and the said A.B. accepting other
bills of exchange for such amounts, and at such
dates as may from time to time be agreed upon,
and upon each such renewal the said A.B. shall
pay in cash such sum or sums of money as shall
be required for the expenses of renewals and
bankers' charges, and reduce the amount for which
the said bills shall be drawn in such a manner as
to pay to the said C.D. in cash, on the renewal of
the first and every subsequent bill, until
the whole amount owing to the said C.D. shall be
fully discharged, and on each of the said renewals
the said A.B. shall also pay to the said C.D.
interest on the said moneys due under this agree-
ment, or so much thereof as shall for the time
being remain unpaid, at the rate and to be com-
puted as aforesaid. And in case any default shall
be made by the said A.B. in duly making the
several payments in this clause mentioned, or any
K 2
132 PRECEDENTS IN CONVEYANCING.
part thereof, or in effecting and keeping on foot
such insurances as aforesaid, the whole amount
due to the said C.D. at the happening of such
default shall become payable ; and the said A.B.
doth hereby promise and agree to pay the same
upon demand, and the said bills of exchange shall
no longer be renewed.
Reassignment 7. On all the said bills of exchange interest and
by mortgagee. , . , , . , -1,1 j e
expenses being duly paid, and the said sum or
and interest, and all such other sum or
sums as the said A.B. shall become indebted to
the said C.D. upon any account whatsoever, and
interest as aforesaid, being fully discharged, and
on all and singular the agreements herein con-
tained on the part of the said A.B. being well and
faithfully performed, the said C.D. shall, at the
request and expense of the said A.B., reassign the
said premises, and deliver up to him the said copy
lease undefaced and uninjured (inevitable accident
only excepted).
Mortgagor to 8. So long as any moneys shall be owing by the said
8^1y X with A.B. to the said C.D., the said A.B. shall not, nor
Uquors^ 66 OT ^^ directly or indirectly, sell or dispose of in the
said public-house, hotel, and premises, any cor-
dials, wines, spirits, or spirituous liquors other
than such as shall be purchased from the said
C.D., provided he shall be willing to supply the
same at the price charged to his other customers,
and of the like quality ; and in case the said A.B.
shall commit any breach of this clause, all bills of
exchange then running, although the same may
not have arrived at maturity, and all interest or
other moneys owing by the said A.B. to the said
C.D. shall immediately thereupon become payable,
and the said A.B. doth hereby promise and agree
to pay the same to the said C.D. upon demand,
EQUITABLE MORTGAGES. 133
and the said C.D. shall thenceforth be under no
obligation to renew any further bills of exchange
whatever. As WITNESS, &c.(a).
87. Equitable Further Charge for a present Loan Precedent
and future A dvances. ^
MEMORANDUM OP AGREEMENT made, &c., BETWEEN A.B., Parties,
of &c. [mortgagor], of the one part, and C.D. of &c.
[mortgagee], of the other part. WHEREAS by an agree- Recital of
ment dated, &c., the said A.B., in consideration of pl
lent and advanced by the said C.D. to him,
did thereby charge all that, &c. [parcels] in order to
secure to the said C.D., his executors, administrators, or
assigns, the repayment of the said sum of ,
with interest after the rate of per cent, per
annum until repaid ; and also all costs, charges and ex-
penses of and incidental to that agreement, or which the
said C.D., his executors, administrators, or assigns, might
incur or be put unto by reason thereof. AND WHEREAS And agree-
the said A.B., being in further want of , has fnrther"ioan
requested the said C.D. to lend him the same, which the and advance s-
said C.D. has agreed to do on having the repayment
thereof, and of such further sum or sums of money) not
exceeding ) as the said A.B. may become
indebted to him on any account whatsoever, secured in
(a) There is no doubt that, strictly, these mortgages should (where
chattels are concerned) be registered and re-registered under the
Bills of Sale Act, 1878 (41 & 42 Viet. c. 31), but in practice this
additional security is often purposely declined in deference to the
wishes of debtor and creditor, who alike find publicity prejudicial ;
but, of course, unless instructed by his client to the contrary, the
solicitor's duty is to comply with the provisions of the statute.
Notice to prior incumbrancers or interested parties is in these cases
of vital importance, and should never be neglected. Such notice
should always be given in writing, and a duplicate annexed to the
security when put away.
134
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Consideration
Receipt.
Parcels.
Further
charge.
Provisions
contained in
the prior
charge to be
applicable to
the present
security.
manner hereinafter appearing. Now THIS AGREEMENT
WITNESSETH that in pursuance of the said arrangement,
and in consideration of this day paid by the
said C.D. to the said A.B. (the receipt whereof he hereby
acknowledges), the said A.B. doth hereby promise and
agree to, and with the said C.D., that ALL the heredita-
ments and premises comprised in and expressed to be
charged by the said agreement of, &c., shall be and by
these presents are charged as well with the payment of
the said sum of [present loan] and interest
thereon after the rate of per cent, per annum,
and such other moneys (if any) as may be advanced by
or become due to the said C.D., his executors, adminis-
trators, or assigns from the said A.B., with interest after
the rate aforesaid from the time or respective times of the
same being advanced or becoming due, as also with the
payment of the said sum of [past loan] and
interest now due and to become due for the same. AND
it is hereby further declared and agreed that all the
undertakings, powers, and provisions contained in the
said agreement of &c., shall extend and be applicable so
as to be an additional security for the payment of the
said sum of , and further sums and interest in
like manner, and as if such sum and sums had formed
part of the principal money expressed and intended to be
secured by the said agreement, (a) As WITNESS, &c.
(a) It must be remembered that, although an equitable mortgage
suffices, in many cases at a nominal cost, to secure to the satisfaction
of a prudent lender the repayment of his loan, still there are
weighty objections to such u security, in the facts that an equitable
mortgagee cannot recover possession of the land by ejectment, nor
can he compel payment of the rent from a tenant. Further, he
may be postponed by a subsequent legal mortgagee without notice :
(see hereon Bussel v. Russel, I B. C. C. 269 ; 1 L. C. Eq. 541, and
notes).
GUARANTIES. 135
88. Guaranty for a Loan. Precedent
OO
To A.B.,(&) of &c. [promisee],
IN CONSIDERATION of your becoming one of the sureties Guaranty for
j .,...-, ,. a loan.
and signing the joint and several promissory note ol
ourselves and Y.Z. [borrower]) to the Loan
Society in , to be dated on or about the date
hereof, for the sum of , WE HEEEBY JOINTLY
AND SEVERALLY UNDERTAKE to pay, or see that the said
Y.Z. shall pay, all the instalments of the said Society in
respect of the said loan as and when they become due, and
to hold you harmless and keep you indemnified against all
loss, costs, damages, and expenses to be sustained by
you, by reason of your signing the said note at our
request, (c)
DATED the day of 18 .
C.D. and E.F. [promisors].
(a) Guaranties must be in writing (29 Car. 2, c. 3, s. 4) ; but the
statement of a consideration, although rendered unnecessary by th(
19 & 20 Viet. c. 97, s. 3, is more frequently retained than otherwise
in every-day practice.
(6) Although the Statute of Frauds merely requires the agree-
ment to be signed by the party to be charged therewith, the agree-
ment must contain the names of both parties : ( Williams v. Lake.
29 L. J. Q. B. 1.)
(c) Guaranties are subject to an agreement stamp: (Glover v.
Halkett, 3 Jur. N.S. 1083 ; Wharton v. Watton, 7 Q. B. 744),
unless for payment of goods sold (see Precedent 90) to an Industrial
Society : (Warrington v. Furber, 8 East. 242.)
136 PRECEDENTS IN CONVEYANCING.
Precedent 89. Guaranty for Payment of Rent.
89.
To A.B. and C.D., of &c. [promisees'].
Guaranty for "W B HEEEBY jointly and severally undertake and agree, in
rent. consideration of your accepting Mr. Y.Z. as tenant of
your house, No. , in Street, , at
the yearly rent of , payable quarterly, to be
responsible $o you for the due payment of such rent from
time to time as it falls due on each quarter day, and in
the event of the said Y.Z. making default or neglecting
to pay you such rent that we will pay the same to ypu
upon demand ; and further that this guaranty shall con-
tinue in force so long as the said Y.Z. shall remain your
tenant, or so long as any money remains due to you on
account of such rent.
DATED the day of 18 .
B.F. and G.H. [promisors'] .
precedent 90. Guaranty for Payment of a Debt in respect of
^1 Goods.
To A.B. of &c. [promisee] .
Guaranty for WHEREAS Mr. Y.Z., of &c. [debtor] is indebted to you in
debt^re - a the sum of , for goods sold and delivered by
spect of goods. vou ^ o j^ m> N OW HEREBY UNDERTAKE and agree in con-
sideration of your forbearing to sue him for payment
thereof for calendar months from this date, to
guarantee to you the due payment at the end of that
period of the said sum of , with interest
thereon after the rate of per cent, per annum
from this date, in case the said A.B. shall then make
default in payment of the same.
DATED the day of 18 .
C.D. [promisor].
GUARANTIES. 137
91. Guaranty for the due Performance of a Precedent
Manager's Duties. 91 '
To A.B., of &c. [promisee] .
IN CONSIDERATION of your appointing Mr. Y.Z. of &C. Guaranty for
[servant] to be your manager (a) of the Hotel, formance of a
. T manager's
situate at , in ,1 HEREBY UNDERTAKE, duties,
agree, and guarantee to you, that the said Y.Z. shall
and will from time to obey all your orders and direc-
tions, and at all times, during his continuance in your
service as such manager, faithfully, honestly, diligently,
and carefully execute, perform, and discharge the duties
pertaining to his office in every respect, to your satis-
faction, and keep "the cash account, books and papers,
belonging to or relating to such employment, or other-
wise coming under his care, in a proper and business-
like-manner, and shall and will from time to time, and
at all times whenever required by you, or any person
or persons appointed by you, render a true and just
account of all business done, of all moneys received or
paid, and of all stock then on hand, in such form as
you may desire, and on demand pay over to you or
such other person or persons as aforesaid, all sums of
money that may from time to time be in his hands,
and deliver over to you at any time on request, all
stock in trade, and other effects under his control, and
in the meantime take proper care of everything entrusted
to his charge, and diligently employ himself in your
service, and, to the utmost of his skill and knowledge,
promote and extend the business, and keep a proper
supervision over any other servants that may be em-
ployed in the said establishment, and immediately report
to you any irregularities or defalcations he may observe
or discover. THAT the said Y.Z. shall hold in his own
(a) The nature of the intended service should be accurately
described here : (Lyall v. Higgins, 4 Q. B. 538 ; Norton v. Powell,
4 M. & G. 42.)
138 PRECEDENTS IN CONVEYANCING.
name, but, as a trustee only for you, so long as lie shall
be in your service, all licences for the sale of ale, beer,
wines, spirits, or tobacco, and upon request do all
necessary acts for transferring the same to you or to
your nominee at any time, and will conduct the business
of the said hotel in a proper manner, not permitting any
act which may in anywise prejudice or endanger all or
any of the said licences, or whereby any fine shall be
imposed. THAT he shall not, nor will be, interested in
any other business whatever during such service, nor
contract any debt or obligation, whereby you may be
prejudiced, nor become bail or security for any person
whomsoever, nor embezzle, waste, or consume, make
away with, obliterate, deface, or in anywise injure, nor
permit (when he can prevent) the same to be done by
others, any moneys, goods, books, papers, or property
entrusted to his care, or coming into his possession, and
when his service expires shall desist from interfering in
your business, or holding himself out as your manager,
and immediately thereupon shall pay and deliver up to
you or your appointee, all licences, moneys, securities,
books, papers, and property, in his possession or power,
belonging to you. AND I FURTHER UNDERTAKE and agree
well and sufficiently to save you harmless, and keep you
fully indemnified against all losses, charges, damages,
and expenses which shall happen or come to you by
reason of any act, deed, matter or thing, whatsoever
done or omitted to be done by the said Y.Z. in or during
his said employment, or after the determination thereof,,
and I agree that this guaranty shall be a continuing one
until all your claims upon me, and the said Y.Z. respec-
tively, shall be fully discharged, (a)
DATED the day of 18 .
C.D. [promisee] .
(a) As to whether a guaranty is, in the absence of this, or a
similar express stipulation, continuing or for one transaction only,
GUARANTIES. 139
92. Guaranty to a Bank. precedent
92.
To the A.B. Banking Company (Limited) [promisees].
IN CONSIDERATION that you will open a banking account Guaranty to a
with C.D. and E.F. of &c. [intended customers'], and
make advances to them, and give credit to them by dis-
counting bills or otherwise, I HEREBY GUARANTEE the
payment of the balance which may on the closing of
such account be or become due to you from the said
C.D. and E.F., individually or in partnership with any
other person or persons, to the extent of
AND I AGREE that in default of payment of the. balance
due on the said banking account by the said C.D. and E.F.,
you shall be at liberty, if you shall think fit, to receive
and place to the credit of such account all such moneys,
whether in the shape of payments, dividends, or other-
wise, as may be recovered from the said C.D. and E.F.,
or from their estate, or from any collateral securities,
and after giving credit for the same the balance that
may then remain shall be recoverable under this
guaranty, and any liabilities you shall be under by
reason of your having put your names to any bills or in
any way guaranteed the same for the said C.D. and
E.F., may be reckoned as part of such balance notwith-
standing such liabilities may be outstanding at the
closing of the account. AND this guaranty is to extend
see Martin v. Wright (6 Q. B. 917), Mayer v. Isaac (6 M. & W.
605), Johnson v. Nicholls (1 C. B. 251), Brown v. Bachelor (25
L. J. Ex. 299), Solvency Mutual Guarantee Society v. York (27
L. J. Ex. 487), Bingham v. Corbitt (34 L. J. Q. B. 37), Backhouse
v. Hall (34 L. J. Q. B. 141), Wood and another v. Priestner (15
L. T. Rep. N. S. 317 ; 17 L. T. Rep. N. S. 103), Chalmers v.
Victors (18 L. T. Rep. N. S. 481), Laurie P.O. of the Union Bank
v. Scholefield (20 L. T. Rep. N. S. 852), and Burgess v. Eve (41
L. J. Ch. 515). The death of the surety does not operate as a re-
vocation of a continuing guaranty : (Bradbury v. Morgan, 31 L. J.
Ex. 462.)
140 PRECEDENTS IN CONVEYANCING.
to the house or firm of C.D. and E.F. as " C.D. and
Co." of whatsoever it may consist, (a)
DATED the day of 18 .
G.H. [promisor].
Bttiumttttus.
Precedent
93.
Indemnity to
a surety of a
composition.
93. Indemnity to a Surety of a Composition.
To A.B., of &c. [surety] .
IN CONSIDEEATION of your becoming a party to our
deed of composition, and being surety for payment of
in the pound composition to the separate
creditors of Y.Z., of &c. [debtor] , named in the schedule
to the deed, WE HEREBY AGREE AND UNDERTAKE to pro-
vide in due time the whole of the money required to pay
the said composition and all expenses, and to save you
harmless and to keep you indemnified from all claims
and demands of the said creditors, and as a further
security to you we hereby assign to you so far as we
lawfully or equitably may, and undertake and agree on
the bankruptcy against us being annulled (which is
already arranged to be done), to ratify and confirm to
you the sum of , belonging to us and now in
the hands of , on account of goods consigned
by us to him for sale on our account. AND WE FURTHER
UNDERTAKE to direct the remittance to you of the pro-
ceeds of the said goods not exceeding , and
when received you are to hold the same in trust, in the
first place to reimburse you all expenses that you may
(a) As to the relative positions, and respective rights of the
various parties in the event of the customers' insolvency, see and
consider Ex parte, the Midland Banking Company, Re Sellers :
(38 L. T. Rep. N. S. 395.)
INDEMNITIES: 141
incur on our account or by reason of your suretyship,
and in the next place to pay yourself all moneys which
you may pay on our account to the separate creditors
under the said deed, with interest thereon from the date
of payment at the rate of per cent, per
annum, and to pay the surplus (if any) unto us. AND
WE UNDERTAKE after the said bankruptcy is annulled to
execute any further instrument or writing you may
require for carrying into effect the ,terms herein stated
and incidental to this arrangement.
DATED the day of 18 .
Y.Z., C.D., and E.F. \_indemnifiers] .
94 Indemnity to a Person permitting the Use of Precedent
his Name in carrying on a Business.
To A.B., of &c. [person indemnified] .
IN CONSIDERATION of your permitting me or other the indemnity to
person or persons for the time being constituting the n
firm of " C.D. and Co." to have the exclusive right to use
your name henceforth in carrying on the business of ^e on a busi-
, in , under the style of "A.B. and
Co./' and giving me and my said firm full power and
authority to carry on the said business there, under the
said style of "A.B. and Co.," and to use your name
therein, and in all, or any matters relating thereto, or
connected therewith, in such way or ways as may
be deemed necessary or advisable for carrying on the
said business, I have placed to the credit of your account
with my firm of "C.D. and Co.," the sum of ,
as the purchase money of the said business, and the plant,
effects, and goodwill thereof. AND I HEREBY UNDER-
TAKE and agree for myself, as well as for other the person
or persons for the time being, composing the said firm
of C.D. and Co., from time to time and at all times
142 PRECEDENTS IN CONVEYANCING.
hereafter, well and sufficiently to protect, defend, and
save you harmless, and keep you, your heirs, executors,
and administrators, and your lands, tenements, goods,
and chattels indemnified from and against all debts,
claims, and demands, costs, charges, and expenses, to be
at any time sustained or incurred by you through or in
consequence of the said business in , being so
carried on by me, under the said style of " A.B. and
Co.," or for, or by reason, or in consequence of the
exercise of any of the powers given to me by you or in
anywise in relation thereto. AND I UNDERTAKE to
execute and deliver to you on request any deed or
further indemnity you may require for carrying into
effect the terms of this agreement or the arrangement
contemplated by ourselves.
DATED the day of 18 .
C.D. [indemnifier].
Precedent 95. Lease of Building Land (under a power in
95 - that behalf in a Settlement).
Parties. THIS INDENTURE made, &C., BETWEEN A.B., of &C. [sur-
viving trustee and lessor], of the first part, C.D., of &c.,
and D.D., his wife [life tenants'], of the second part, and
Witnesseth. B.F., of &c. [lessee], of the third part. WITNESSETH
that, in consideration of the rent and covenants herein-
after reserved and contained, and on the part of the said
E.F., his executors, administrators, and assigns, to be
observed and performed, he, the said A.B., pursuant to
and in execution of a power to him given by a certain
indenture of settlement, bearing date, &c., and expressed
to be made between the said D.D. (then D.B., spinster),
LEASES. 143
of the first part, the said C.D. of the second part, and
B.B. (since deceased) and the said A.B. of the third part,
and of every other power enabling him in this behalf
and with the consent of the said C.D. and D.D. his wife
(testified by their being parties to and executing these
presents), DOTH by these presents demise and lease unto
the said E.F., his executors, administrators, and assigns
ALL THAT plot of land situate and being, &c. [parcels], Parcels.
and containing in the whole by recent admeasurement
(including one-half in width of the said street and
passage, so far as the same respectively are co-extensive
with the said land, but which said halves of street and
passage are not intended to be hereby demised, but to
be for ever hereafter left open and unbuilt upon)
superficial square yards, or thereabouts, which said plot
of land is delineated and more particularly described in
the plan drawn in the margin of these presents and
therein edged , TOGETHER with the free use and And user of
enjoyment of the said street and passage in common with pa^ag^
the other lessees and occupiers of hereditaments abutting
thereupon. AND ALSO all and every the rights, ease- General
ments, and appurtenances to the said demised premises
belonging (except nevertheless and out of these presents Exception of
always reserved unto the said A.B., his heirs and assigns, m
or other the owner or owners thereof, all mines of coal
and cannel and other mines and minerals whatsoever
lying within and under the said premises, with full and
free liberty to dig and search for, get, take, and carry
away the same mines and minerals and dispose thereof
at pleasure without any liability on the part of the said
A.B., his heirs and assigns, to make any compensation to
the said E.F., his executors, administrators, or assigns,
or his or their tenants, for any damage to the surface of
the said land, or to any buildings thereon thereby to be
occasioned) TO HOLD the said premises expressed to be Habendum.
hereby demised unto the said E.F., his executors,
144
PRECEDENTS IN CONVEYANCING.
Eeddendum.
Covenant by
lessee to pay
rent.
And taxes.
And to build
houses in con
f ormity with
local regula-
tions.
administrators, and assigns from the day of
18 , for the term of years thence next
ensuing, YIELDING AND PAYING therefor during the said
term the clear yearly rent of (a) by equal half-
yearly payments on every the day of ,
and the day of in each year free from
all rates, taxes, assessments, and impositions whatsoever
(property tax only excepted), the first half-yearly pay-
ment to be made on the day of , 18
AND the said E.F. for himself, his heirs, executors,
administrators, and assigns, doth hereby COVENANT with
the said A.B., his heirs and assigns that he the said E.F.,
his executors, administrators, and assigns will pay unto
the said A.B., his heirs, or assigns the said yearly rent
at the times and in the manner aforesaid, AND will also
pay or cause to be paid all rates, taxes, charges, assess-
ments, and impositions whatsoever now or hereafter to
be imposed upon or in respect of the said hereby demised
premises. AND ALSO that he the said E.F., his execu-
tors, administrators, or assigns, will at his and their own
costs in all things, and in conformity with the regu-
lations of [here insert description of the local authority]
forthwith, in a good, substantial, and workmanlike
manner, erect, build, and completely finish fit for occu-
pation, and at all times hereafter during the said term
maintain and keep in repair upon the front of the said
plot of land to Street aforesaid or more
good and substantial dwelling house or dwelling houses,
or other erections and buildings of brick or stone, or
both, to be set with lime, mortar, and covered with
Welsh slates, which, when finished, shall be of the clear
yearly value of not less than three times the said yearly
rent hereby reserved, and; in case of fire, tempest,
(a) This form is a general reservation of the rent, so that there
can be no difficulty in the reversioner, whoever he may be, taking
advantage of it : (2 Platt on Leases, 88.)
LEASES. 145
destruction or decay of or to the buildings so to be
erected, or any of them, will from time to time rebuild
and replace the same with other such like good buildings,
so as at all times during the said term such buildings
shall remain of such clear yearly value as aforesaid.
AND ALSO that it shall be lawful for the said A.B., his And to permit
heirs, and assigns twice, or oftener, in each year at ^a exam1ne? r
seasonable times to enter upon the said hereby demised
premises to examine the condition thereof. AND ALSO Not to erect a
that he the said E.F., his executors, administrators, or of buildings,
assigns shall not nor will at any time during the said
term erect or build upon the said land, or any part
thereof, any court of dwelling houses, nor any back
dwelling house, nor permit or suffer any part of any
dwelling house or other building erected on the said
land to be occupied as a back dwelling house without
the previous consent in writing of the said A.B., his
heirs, or assigns. AND ALSO that he the said E.F., his And to pay
executors, administrators, or assigns, will, during the expenses 8 r
said term hereby granted, as often as need shall require,
pay a reasonable share and proportion towards the costs
of and expenses of making, supporting, repairing, and
cleansing the pavements, channels, fences, wy- draughts,
sewers, and drains which are now or hereafter shall be
formed or laid down in Street aforesaid, and the
passage aforesaid by the said A.B., his heirs, or assigns,
or by the said [local authority] . AND, FURTHER, that Not to carry
the said E.F., his executors, administrators, or assigns
shall not at any time during the said term exercise
or carry on, or permit or suffer to be exercised or
carried on by any person or persons whomsoever upon
the said demised premises, or any part thereof, the
trade or business of an ale or beerseller licensed
victualler or vendor of wines or spirits, nor any noisome,
dangerous, or offensive manufactory, trade, or business,
nor do or cause, nor knowingly or willingly permit or
L
146
PRECEDENTS IN CONVEYANCING.
And to con-
struct a foot-
way.
Proviso for
re-entry.
Qualified
covenant by
lessor and
C.D. for quiet
enjoyment.
suffer to be done any act, matter, or thing on the said
demised premises, or any part thereof which may here-
after be or grow to be an annoyance, damage, or disturb-
ance to the owners or occupiers of the adjoining or
adjacent property. AND ALSO that he, the said E.F., his
executors, administrators, and assigns will make a footway
of flags in front of the said hereby demised premises to
Street aforesaid, and lay a sufficient kerb thereto,
the whole to be done to the satisfaction of the said [local
authority~\, and as they shall require. PROVIDED ALWAYS
that if the said yearly rent hereby reserved or any part
thereof shall remain unpaid for the space of days
next after any or either of the said days or times herein-
before appointed for the payment thereof, and whether
demanded or not, or if default shall be made in the
observance and performance of all or any of the covenants
herein contained on the part of the said E.F., his exe-
cutors, administrators, or assigns, to be performed then
and thenceforth, and in any of the said cases it shall be
lawful for the said A.B., his heirs or assigns, into and
upon the said hereby demised premises, or any part
thereof, in the name of the whole to re-enter, and there-
upon the said term of years shall absolutely
determine. AND the said A.B., so far as relates to his
own acts and deeds, and for the purpose of binding the
estate so far as he lawfully can or may without rendering
himself personally liable for any breach of covenant
herein contained otherwise than for his own acts and
deeds, doth hereby for himself, his heirs, executors, and
administrators, AND the said C.D., so far as relates to
his own acts, deeds, and defaults, doth hereby for himself,
his heirs, executors, and administrators COVENANT with
the said E.F., his executors, administrators, and assigns,
that he the said E.F., his executors, administrators, and
assigns, paying the said yearly rent on the days and in
manner hereinbefore appointed for payment thereof and
LEASES. 147
observing and performing the several covenants by
the lessee herein contained may peaceably and quietly
hold and enjoy the said hereby demised premises, and
every part thereof, during the said term without any
interruption by the said A.B., his heirs or assigns, or
any person claiming through, or in trust for him or them.
IN WITNESS, &c.
96. Lease of a Dwelling House. precedent
96
THIS INDENTURE made, &c., BETWEEN A.B., of &c., !
[lessor'], of the one part, and C.D., of &c. (hereinafter Parties -
called "the lessee"), of the other part. WITNESSETH Witnesseth.
that the said A.B. doth hereby demise unto the said
lessee, his executors, administrators, and assigns ALL Parcels,
that dwelling house Numbered in
Road, , aforesaid with the garden, yards, out-
buildings, and ground held therewith. TOGETHER with General
all ways, lights, sewers, watercourses, rights, privileges, w
easements, advantages, and appurtenances thereto be-
longing. To HOLD the said premises unto the said Habendum.
lessee, his executors, administrators and assigns for the
term of years, from the day of
18 . YIELDING AND PAYING therefor during the said Reddendum.
term, the yearly rent of , clear of all
deductions (except property tax, and the landlord's
proportion of sewerage and water rates, if any), by
equal payments in advance on the day of ,
the day of , the day of ,
and the day of , in every year, the
first of such payments to be made on the day
of 18 AND the said lessee doth hereby for Covenant by
1 ,
himself, his heirs, executors, and administrators, COVENANT rent!* 3
with the said A.B., his executors, administrators, and
assigns, that he the said lessee, his executors, admini-
strators, or assigns, shall and will during the said term
L 2
148 PRECEDENTS IN CONVEYANCING.
pay the yearly rent hereinbefore reserved, on the days
And taxes. and in manner aforesaid. AND will pay during the said
term, all taxes, charges, rates, assessments, and im-
positions, whatsoever (except as aforesaid), and will
during the said term keep and preserve the whole of
the inside (except the roof, main walls, and main
timbers) of the saicF premises jn pood Border and
And to repair, tenantable repair (reasonable wear and tear, and. damage
by fire, storm, tempest, or inevitable accident excepted) .
And yield up AND will, at the expiration or other sooner determination
term. of the said term, deliver up the peaceable and quiet
possession of the said demised premises, with all improve-
ments or alterations which may have been made thereon,
unto the said A.B., his executors, administrators, or
assigns, in good order and condition (reasonable wear
and tear, and damage by fire, storm, tempest, or in-
And to permit evitable accident excepted). AND THAT the said A.B.,
lessor to enter , . -. . . , , i i
and examine, his executors, administrators, and assigns, and his
and their agents, and workmen, may at all seasonable
times during the said term enter upon the said demised
premises, to inspect and examine the condition of the
Not to assign same. AND THAT the said lessee, his executors, adminis-
trators, or assigns, shall not nor will assign or sublet, or
make any alterations upon, in, or about the said demised
premises, without the consent in writing of the said
A.B., his executors, administrators, or assigns, first
obtained for such purpose, (a) but such consent shall not
be unreasonably withheld if the proposed lessee or
assignee is a respectable and responsible person, or the
proposed alterations beneficial to the property. (6) AND
(a) It should be noted that an assignment without licence is
tinder such a covenant a forfeiture against which equity will not
relieve : (Hill v. Barclay, 17 Yes. 63).
(6) See Lehmann v. Me Arthur (37 L. J. Ch. 625), West v.
Dobb (39 L. J. Q. B. 190), Treloar v. Bigge (43 L. J. Ex. 95), and
Sear v. The House Propei-ty and Investment Company (50 L. J.
LEASES. 149
the said A.B. doth hereby for himself, his heirs, execu- Covenant by
tors, and administrators, COVENANT with the said lessee, q^feTenjoy-
his executors, administrators, and assigns, that upon ment -
payment of the rent and performance of the covenants,
conditions, and agreements hereinbefore reserved and
contained, the said lessee, his executors, administrators,
and assigns, shall and' may peaceably hold and enjoy the
said demised premises, with the appurtenances, during
the said term, without any let, suit, trouble, molestation,
eviction, or disturbance whatsoever, of, or from the said
A.B., his executors, administrators, or assigns, or any
person or persons claiming under him or them in any-
wise. AND ALSO that the said A.B., his executors, And to repair
administrators, or assigns, shall and will during the Ol
continuance of this demise keep the roof, main timbers
and outside parts of the said premises, in good and
tenantable repair and condition, and paint(a) the outside
wood and ironwork once every years, (b) PEO- Proviso for
,-< -p ,-i -! , abatement of
VIDED ALWAYS that it the said premises, or any part ren t j n the
thereof, shall at any time during the said term be T rent of fire>
destroyed by fire, storm, or tempest, so as to render the
same unfit for use or occupation, then and in every such
case the rent hereby reserved, or a fair proportion
thereof, shall cease to be payable until the said premises
shall be rebuilt, and rendered fit for occupation. PEO- And for re-
VIDED ALSO that if the said yearly rent, or any part en ry '
thereof, shall be in arrear, or unpaid for days
after any of the days whereon the same ought to be paid
as aforesaid, whether legally demanded or not, and no
Ch. 77) : wherein Hall, V.C. states " that the non-performance of
the stipulation leaves the lessee at liberty if the licence is
unreasonably withheld, to deal with his property as he would if no
licence were required."
(a) A covenant to repair and amend does not include a covenant
to paint : (Darlington v. Hamilton, 24 L. J. Ch. 33.)
(6) A landlord is under no obligation to repair unless he contracts
to do so : (Gott v. Gandy, 2 E. & B. 845.)
150 PRECEDENTS IN CONVEYANCING.
sufficient distress can be found upon the said demised
premises to satisfy the same, or if the said lessee, his
executors, administrators, or assigns shall commit, or
suffer any wilful or voluntary waste, spoil, or destruction,
on the said demised premises or shall assign, or sublet,
or alter the same or any part thereof, without such
written consent as aforesaid, (a) or if the said
lessee shall become bankrupt file any petition for
the liquidation of his affairs by arrangement, or
make any assignment, or enter into any composition
with, or for the benefit of creditors, or shall neglect or
fail in the due performance of all or any of the
covenants or agreements herein contained, and which
on the part of the said lessee, his executors, adminis-
trators, or assigns, are, or ought to be, done or per-
formed, then, and in any of the said cases, it shall be
lawful for the said A.B., his executors, administrators, or
assigns, into and upon the said demised premises, or any
part thereof in the name of the whole, to re-enter, and
the same, and every part thereof, to have again, repossess
and enjoy as in his and their former estate, anything
hereinbefore contained to the contrary thereof notwith-
standing. IN WITNESS, &c.(6)
(a) In West v. Dobb (ante) where the proviso was worded that
" in case the lessee should fail in the observance, or performance of
any or either of the covenants and agreements on his or their part
contained," &c., it should be lawful for the lessor to re-enter, and
one of such covenants was a covenant not to assign, semble, per
Kelly, C. B., and Channell, B., that the alleged breach of covenant
was no forfeiture as the proviso applied only to a default in the
performance of an affirmative and not of a negative covenant ; and
see judgment of Brett, L.J. in Hyde v. Warden (47 L. J. (app.)
Ex. 127), wherein he stated that the court would be prepared to
hold that the power of re-entry did not apply to a breach of a
negative covenant.
(6) On the execution of a lease and counterpart, the lease, executed
by the lessor only, is delivered to the lessee, and the counterpart, exe-
cuted by the latter only, to the lessor. The advantage of having the
LEASES. 151
97. Lease of a Dwelling House and Fixtures Precedent
(concise form). 97m
THIS LEASE made, &c., BETWEEN A.B., of &c. [lessor'], of Parties,
the one part, and C.D., of &c. [lessee], of the other part.
WITNESSETH that the said A.B. hereby demises unto the Witnesseth.
said C.D. ALL that, &c. [parcels']. TOGETHEE with the Parcels,
several fixtures, and things specified in the schedule
hereunder written. To HOLD the said premises unto the Habendum.
said CJX, his executors, administrators, and assigns,
from the day of , 18 , as tenant from
year to year. RENDEEING therefor the clear yearly rent Reddendnm.
of , to be payable by equal half-yearly pay-
ments in advance on every the day of ,
and the day of , in each year of the
tenancy ; the first of such payments to be made on the
said day of , 18 , being the day of the
commencement of the tenancy, and every subsequent
half-year's rent to be due, payable, and recoverable in
advance, on the first day of each half-year in like manner.
AND the said C.D., for himself, his heirs, executors, and Covenant by
administrators, hereby COVENANTS, with the said A.B., his ren^ 6
heirs, and assigns, that he, the said C.D., his executors,
administrators, or assigns, will pay the said rent upon
the days and in the manner before mentioned. AND And that
THAT it shall be lawful for the said A.B., his heirs, and
assigns, to distrain for rent due and payable in advance,
in like manner as for rent in arrear and with all usual
powers of distress and sale. IN WITNESS, &c.
THE SCHEDULE referred to.
counterpart executed by the lessee only, is, first, that it can be used
in evidence without giving proof of the execution of the lease (Doe
dem. Earl of Egremont v. Pulman, 3 Q. B. 622) ; and secondly,
that it avoids the necessity of having a denoting stamp affixed : (see
33 & 34 Viet. c. 97, sect. 93). A lease and counterpart must be taken
as one document, and can only be construed together : (Burchell v.
Clarle, 46 L. J. (App.) C. P. 115 ; 35 L. T. Rep. N. S. 690.)
152
PRECEDENTS IN CONVEYANCING.
Precedent
98.
Parties.
Witnesseth.
Parcels.
Habendum.
Eeddendnm.
Covenant by
lessee to pay
rent.
98. Lease of a Public House by a Freeholder.
THIS INDENTURE made, &c., BETWEEN A.B., of &c. [lessor],
of the one part, and C.D., of &c. [lessee], of the other
part. WITNESSETH that in consideration of the yearly
rent hereinafter reserved, and of the covenants, provisoes,
and agreements hereinafter contained, and on the part of
the said C.D., his executors, administrators, and assigns,
to be paid and performed, the said A.B. doth hereby
demise and lease unto the said C.D., his executors,
administrators, and assigns, ALL that, &c. [parcels],
with the outbuildings and appurtenances thereto belong-
ing, situate and being Number , in Street,
, aforesaid, now in the occupation of E.F., To
HOLD the said premises with their appurtenances unto
the said C.D., his executors, administrators, and assigns,
from the day of , 18 , for and during
the term of years then next ensuing. YIELDING
AND PAYING therefor yearly and every year unto the said
A.B., his heirs and assigns, (a) the clear yearly rent or
sum of , payable quarterly on the
day of , the day of , the
day of , and the day of , in
every year, by equal portions free and clear of and from
all taxes, rates, and assessments, parliamentary, parochial,
or otherwise (except property tax and the landlord's pro-
portion of the sewerage and water rates), the first pay-
ment to be made on the day of next.
AND the said C.D., for himself, his heirs, executors, and
administrators, hereby COVENANTS with the said A.B., his
heirs and assigns, that he the said C.D., his heirs, execu-
tors, administrators, or assigns, shall and will yearly and
every year during the said term pay unto the said A.B.,
his heirs and assigns, the said yearly rent or sum herein-
(a) See as to the better form of reddendum. note (a), to Precedent
95, ante, p. 144.
LEASES. 153
before reserved, on or at the several days or times and
in manner hereinbefore appointed for payment thereof;
AND ALSO shall and will pay and discharge all taxes, And taxes.
rates, charges, and other impositions, parliamentary,
parochial, or otherwise, which now are or hereafter
during the said term shall be assessed, rated, charged or
imposed upon, or in respect of the said premises, or upon
the said yearly rent hereinbefore reserved, or any part
thereof, or upon the landlord or tenant in respect thereof
(except property tax and the landlord's proportion of the
sewerage and water rates). AND ALSO that the said C.D., And to repair
his executors, administrators, or assigns, shall and will atenTof the
at all times during the said term, when, where, and as term -
often as occasion shall require, well and sufficiently repair
and keep repaired in a workmanlike manner and with
good materials, all the glass in the windows and the
shutters, doors, locks, fastenings, partitions, ceilings,
floors, privies, shelves, counters, drawers, cupboards,
forms, fixtures, fittings, water-closets, sinks, drains,
cisterns, pipes, watercourses, and all other the inside of
the said premises, reasonable wear and tear and damage
by fire or other inevitable accident only excepted, and in
such good and sufficient repair shall and will, at the
end or other sooner determination of the said term,
peaceably and quietly yield, surrender, and deliver up
the said demised premises unto the said A.B., his heirs
or assigns, as also all additions and improvements
whatsoever which shall at any time during the said
term be made by him or them in or upon the said
demised premises or any part thereof. AND THAT it And to permit
shall be lawful for the said A.B., his heirs and assigns,
with or without surveyors and workmen in his or their
company, at his or their discretion from time to time
in the daytime during the said term to enter upon the
said premises hereby demised to view, search, and see
the state and condition thereof, and of all decays, defects,
154 PRECEDENTS IN CONVEYANCING.
and wants of reparation and amendment of the inside of
the said demised premises which on every such view shall
be found to give or to leave notice in writing, at or upon
the said demised premises, to or for the said C.D., his
executors, administrators, or assigns to repair and amend
the same within days then next following, within
which said time or space of days next after every
such notice shall be so given or left as aforesaid the said
C.D., his executors, administrators, or assigns shall and
will repair and amend all such decays, defects, and wants
of reparation and amendment of the inside of the said
Not to assign demised premises. AND THAT the said C.D., his execu-
tors or administrators, shall not nor will, at any time
during the said term hereby granted, assign over the
present lease nor grant, assign, demise, underlet, or part
with the possession of the said demised premises, or any
part thereof, to any person or persons whomsoever,
without the special licence or consent in writing of the
said A.B., his heirs or assigns, first obtained for that
To use the purpose. AND THAT the said C.D., his executors, admi-
pubUcf-house* nistrators, or assigns shall not, nor will, at any time
only- during the continuance of this demise, convert the
hereby demised premises into a private house, nor use,
permit, or suffer the same to be used for any other
purpose than as a licensed public-house for the sale of
ale, wine, and spirituous liquors, and shall and will keep
the same open every lawful day, and conduct the business
thereof in a proper and orderly manner so as to afford
no ground or pretence for discontinuing the licences
thereof, and will not do, permit, or suffer any act, matter,
or thing, which may be a breach of the rules and regu-
lations established by law for the conducting of licensed
public-houses or be a reasonable ground for the with-
drawing or withholding of all or any of the licences for
sale of beer and ale, wine and spirituous liquor therein.
AND shall and will from time to time during the con-
LEASES. 155
tinuance of the said term apply for and do, or cause to TO renew
be done, all and whatsoever shall be requisite for obtain- ^eidThe^up
ing the renewal of such licences, and will at the end or f* end of the
term.
other sooner determination of the said term deliver up
the same licences in full force to and for the benefit
thenceforth of the said A.B., his heirs or assigns, or the
incoming tenant of the said premises, or as he or they
may direct, and for that purpose if required shall appear
personally before the justices, and sign, deliver, give
and do all such consents, transfers, acts, and things, as
may be requisite for procuring a transfer of the same
to the said A.B., his heirs or assigns, or to whom he
or they may direct, (a) PEOVIDBD ALWAYS and these proviso for
presents are upon this express condition, that if the said re
yearly rent hereinbefore reserved, or any part thereof,
shall be in arrear for the space of days next
after any of the said days whereon the same ought to be
paid as aforesaid (being demanded and not paid on
demand) (6), or if the said C.D., his executors, adminis-
trators, or assigns, shall make default in the performance
of any of the covenants, clauses, conditions, or agreements
herein contained on his or their part to be done, per-
formed, and observed, or in case the said C.D., his
executors, administrators, or assigns, or any of them, shall
become bankrupt, or shall permit the said lease or the
said demised premises, or the tenant's interest therein to
be taken in execution, or in case the said C.D., his
executors, administrators, or assigns, or his or their
under-tenants shall so misconduct the said business of
the said spirit vault as to have any fine by the justices
recorded against the same, or otherwise jeopardise the
(a) As to the validity of this covenant see Ex parte Boyle, re
Sritnor (46 L. J. Bk. 85).
(6) The demand of the rent in respect of which ejectment is
brought, must be made after, not during, the days limited in the
proviso have elapsed : ( Phillips v. Bridge. 43 L. J. C. P. 13.)
156 PRECEDENTS IN CONVEYANCING.
renewal of any of the said licences, then, and in any of
such cases thenceforth and at all times thereafter it shall
be lawful for the said A.B., his heirs or assigns into and
upon the said premises hereby demised, or any part
thereof, in the name of the whole, to re-enter, and the
same to have again, repossess, and enjoy as if these
presents had not been made, and the said C.D., his
executors, administrators, and assigns, and all other
occupiers of the said premises thereout and thence utterly
to eject, put out, and remove, this indenture or anything
herein contained to the contrary thereof in anywise not-
Covenantby withstanding. AND the said A.B., for himself, his heirs,
quiet* enjoy- executors, and administrators, hereby COVENANTS with the
said C.D., his executors, administrators, and assigns, that
he the said C.D., his executors, administrators, or assigns,
paying the said rent hereinbefore reserved in manner at
the times and according to the reservation thereof as
aforesaid, and performing, fulfilling, and observing all
and singular the covenants, provisoes, and agreements
herein contained on his and their part to be performed,
fulfilled, and observed, shall, and lawfully may, peace-
ably hold, occupy, and enjoy the said premises with the
appurtenances during the said term hereby] granted
without any lawful let, suit, trouble, molestation, or dis-
turbance whatsoever of, from, or by the said A.B., his
heirs or assigns, or any other person or persons lawfully
or equitably claiming under or in trust for him or them.
And to repair AND THAT the said A.B., his heirs or assigns, shall and
will at his or their own expense at -all times during the
said term when and as often as occasion shall require,
well and substantially repair, uphold, and keep in good
and tenantable order and repair the roof, main timbers,
main walls, and outside parts of the said hereby demised
Proviso for premises. PROVIDED ALWAYS, and it is hereby agreed,
rent in the that in case the said hereby demised premises shall at
went o fire, anv ^ me Qr ^ mes <j ur i n g the said term be destroyed or
LEASES. 157
damaged by fire or other inevitable accident, then the
rent payable in respect of the said premises, or a propor-
tionate part thereof, shall cease and be suspended so
long as the said premises shall be wholly or partially
unfit for occupation by reason thereof, (a) and in case
any dispute shall arise between the said parties in regard
to the amount of the abatement to be so made from the
said rent, or the period for which the said rent or any
part thereof shall be suspended, the same shall be
referred to arbitration. IN WITNESS, &c.
99. Lease of a Public House, Fixtures, and Music Precedent
Hall by a Leaseholder (the Rent increasing "
and being Payable in Advance, and the
Tenancy Determinable at the End of any
Year).
THIS LEASE "made, &c., between A.B., of &c. [lessor], of Parties,
the one part, and C.D., of &c. [lessee], of the other part.
WITNESSETH that in consideration of the rent and cove- Witnesseth.
uants hereinafter reserved and contained, the said A.B.
doth hereby demise unto the said C.D., his executors,
administrators, and assigns, ALL that messuage or Parcels,
dwelling house and premises used as a licensed public
(a) In cases where applicable, this proviso may be used in lieu
of the preceding : Provided always, and it is hereby agreed that in
case the said hereby demised premises shall at any time or times
during the said term be so destroyed or damaged by fire or other
inevitable accident as to be unfit for habitation, the said C.D.,
his executors, administrators, and assigns, shall not be liable to pay
any further rent except a fair proportion of the current year's rent,
it being the intention of the parties to these presents that hence-
forth both rent and term shall cease. But if the said premises shall
not be so far injured as to be rendered unfit for habitation, then
the said A.B., his heirs or assigns, shall and will immediately there-
after rebuild or repair the same, and the said rent or a proportionate
part thereof shall be suspended in the meantime, and in case, &c-
[Conclude as before.]
158
PRECEDENTS IN CONVEYANCING.
Habendnm.
Reddendum.
Covenant by
lessor to pay
rent.
And taxes.
And to repair
and yield up
at end of the
term.
house, situate and being, &c. [parcels], which premises
were lately in the occupation of E. F. TOGETHER with
the use of the licences now attached, or which may
hereafter be attached, to the premises for keeping open
the same as a licensed victualling house or tavern. AND
the fixtures, furniture, and effects in and about the
premises specified in the schedule hereto. AND all rights
and appurtenances thereto belonging. To HOLD the
said premises unto the said C.D., his executors, adminis-
ters, and assigns, from the day of 18 ,
as tenant from year to year. RENDERING therefor during
the tenancy the clear rent following, that is to say, for
the first quarter of a year payable in advance
on the execution hereof and for the second and each
succeeding quarter the clear rent of payable in
advance on the first day of the second and every
succeeding quarter during the tenancy, the said rents
to be clear of all taxes whatsoever (the property-tax
only excepted). AND the said C.D., for himself, his
heirs, executors, and administrators, hereby COVENANTS
with the said A.B., his executors, administrators, and
assigns in manner following, that is to say, that he the
said C.D., his executors, administrators, or assigns, will
pay the said rents respectively upon the days and in
manner before mentioned, AND WILL defray all outgoings
chargeable by law upon the premises (except the
property-tax), AND WILL at his and their own cost main-
tain and keep the glass in the windows, the window
frames and window shutters, the boards of the floors, the
inside doors, and all the inside of the said premises, and
the fixtures, drains, spouts, and watercourses belonging
thereto, and the furniture and effects specified in the
schedule hereto, in good order and repair ; and the same
in such good order and repair, with all licences now
attached, or which may be hereafter attached thereto,
will, at the determination of the tenancy, peaceably and
LEASES. 159
quietly yield and deliver up to the said A.B. his execu-
tors, administrators, and assigns (reasonable wear and
tear and damage by fire excepted), and will sign all
requisite documents for transferring such licences to the
said A.B. or such person as he shall appoint, and will at
his own expense personally attend before the justices
and consent to such transfer when required. AND will To use the
during the tenancy occupy the demised premises as an an inn and
inn, or public-house and music-hall, and for no other ^y
purpose ; and will keep open the same every lawful day,
and conduct the same in a proper and orderly manner,
and afford no ground whatever for being fined, or for
the withdrawal of any licence attached or to be attached
thereto ; AND WILL, whenever occasion shall require, at To renew the
the expense of the said A.B., adopt such proceedings as
shall be requisite for renewing such licences. AND will Not to alter
not make any alterations whatever in the demised
premises without the previous consent in writing of the
said A.B. AND will not, without such consent, let, Nor assign or
underlease, exchange, assign, (a) or otherwise part with '
the possession of the demised premises or any part
thereof to any person whomsoever, nor shall the same be
assignable by act or operation of law without such
consent. AND will not commit or suffer any wilful or Nor commit
voluntary destruction or damage in or to the demised
premises. AND will, during the tenancy purchase of the To purchase
said A.B., or of him and his partner or partners, or lessor*
successors in trade, all the sixpenny and lower priced
beer and ale sold and disposed of on the demised
premises. And will not, at any time, directly or in- And not to
directly, sell or dispose of on the hereby demised
premises any sixpenny or lower priced beer or ale other
than such as shall be bond fide purchased from the said
A.B., or of him and his partner or partners, or successors
(a) See Holland v. Cole (31 L. J. Ex. 481), as to execution of an
assignment for benefit of creditors being a breach of this covenant.
160
PRECEDENTS IN CONVEYANCING.
Proviso for
re-entry.
And to permit in trade, (a) AND THAT it shall be lawful for the said
enter and A.B., his executors, administrators or assigns, or his or
>exanune. their appointees, at all reasonable times to enter upon
and go through the demised premises, and to examine
the condition thereof, without any obstruction or denial
whatsoever. PROVIDED ALWAYS, and these presents are
upon this condition, that, in case the said rents respec-
tively or any part thereof respectively, shall be unpaid
for the space of days next after any of the days
hereinbefore appointed for payment thereof respectively,
whether demanded or not, or if the said C.D., his
executors, administrators, or assigns, shall be adjudged
bankrupt, file any petition for the liquidation of his
affairs by arrangement, or assign his or their estate for
the benefit of, or in trust for, creditors, or make any
general composition with creditors, or, if any execution
shall be levied upon the demised premises, or if this
lease, or the tenancy hereby created, shall be taken in
execution, or if the said C.D., his executors, adminis-
trators, or assigns, shall not perform and keep all the
covenants and agreements herein contained, and on his
and their part to be performed, or, if any fine affecting
the licences shall be recorded against the demised
premises or the occupiers thereof, or if at any time the
premises shall be left unoccupied or be not kept open for
business every lawful day, then and in any of such cases
(notwithstanding the waiver of any previous right of
entry) the covenant for quiet enjoyment hereinafter con-
tained shall cease and be void ; and it shall be lawful for
the said A.B., his executors, administrators, and assigns,
or the person or persons in whom shall be vested for the
(a) See Holcombe v. Hewson (2 Camp. 391), Cooper v. Twibill
(3 Ibid. 286), and Catt v. Tourle (20 L. T. Rep. N. S. 551 ; and on
appeal, 21 Ibid. 188), where the questions of uncertainty, mutu-
ality, and public policy, with reference to such a covenant, are fully
considered. See also note (a), post. p. 161.
LEASES. 161
time being the reversion in the said premises, imme-
diately expectant on the determination of the said tenancy
into and upon the demised premises or any part thereof,
in the name of the whole, to enter and to use and pursue
all such ways and means, and adopt all such measures as
may be necessary or deemed expedient for effecting such
entry, by force or otherwise, as occasion may require,
without the necessity of commencing any action of eject-
ment or any other action whatsoever, and to expel,
remove, and put out the said C.D., his executors,
administrators, and assigns, and all other occupiers of
the same premises, and their goods, chattels, furniture,
and effects, without being liable for any loss, costs,
damages, expenses, or action for so doing, and the same
premises to have again, repossess, and enjoy, as if these
presents had not been made, and thereupon this demise
shall become void and be at an end; but such entry
shall not defeat or prejudice any right of action or other
remedy for arrears of rent or breach of covenant which
the said A.B., his executors, administrators, or assigns,
might have had if no such entry had been made, any-
thing herein contained or any rule of law or equity to
the contrary thereof in anywise notwithstanding. AND Covenant by
the said A.B., for himself, his heirs, executors, adminis- supply beer,
trators, and assigns, hereby COVENANTS with the said
C.D. that he the said A.B., or his firm of , or
their successors in trade for the time being, will supply
the said C.D., his executors, administrators, and assigns,
with sixpenny and lower priced beer and ale of the like
good quality and at the same market price as to their
other customers. And in case of any supply being bad
in quality, on notice thereof will take and replace the
same with a similar article of good quality, (a) AND
(a) See hereon Luker v. Dennis (47 L. J. Gh. 174; 38 L. T. Rep.
N. S. 827), wherein it was held that a covenant to take all beer is
conditional on a proper supply of a marketable article, and that
K
162
PRECEDENTS IN CONVEYANCING.
Power of
attorney as
regards
licences.
And for quiet THAT the said C.D., his executors, administrators, and
enjoyment.
assigns, duly paying the said rents respectively, and per-
forming all the lessee's covenants and agreements herein
contained, may peaceably and quietly use, occupy, and
enjoy the demised premises during the said tenancy
without any interruption whatsoever by the said A.B.,
his executors, administrators, or assigns, or any person
claiming under him or them. AND for securing to the
said A.B. the delivery and transfer of all the said licences
at the expiration or determination of the said tenancy the
said C.D. doth hereby constitute and appoint the said
A.B., his executors, administrators, and assigns, the true
and lawful attorney and attorneys irrevocable of the said
C.D., in the name of the said C.D., his executors or
administrators, or otherwise, as occasion shall require, to
demand, take possession of, recover, and receive the said
licences, in whose possession soever the same shall be
found, and for and in the name of the transferror of the
said licences, or otherwise, as occasion shall require, to
sign all requisite notices, transfers, and other documents
for vesting such licences in the said A.B., his executors,
administrators, or assigns, or his or their appointees, and
to appear before all justices and officers appointed for
the granting and transferring of licences, and to do all
acts, and sign all such documents as shall be required
for obtaining a new grant or licence, or a transfer of the
licences which are now attached, or which may hereafter
be attached, to the demised premises in such manner as
shall be requisite for enabling the said A.B., his execu-
tors, administrators, or assigns efficiently to continue to
keep open and conduct the demised premises as a
licensed victualling house or tavern or music-hall after
the expiration or determination of the tenancy hereby
such a covenant as that in the text imports a condition precedent
that it will be performed in lieu of the condition otherwise
implied.
LETTERS OF LICENCE. 168
created. AND LASTLY, it is hereby agreed and declared Power for
between and by the parties hereto that the tenancy to determine
hereby created shall be determinable at the end of the
first or any subsequent year of the tenancy by either of
the said parties, his executors, administrators, or assigns,
giving to the other of them, his executors, administra-
tors, or assigns, or leaving for him or them at his or their
last known place of abode or business calendar
months' previous notice in writing determining the
tenancy, provided that such notice shall expire at the
end of the last quarter of any year of the tenancy, and
not otherwise. IN WITNESS, &c.
THE SCHEDULE referred to.
lettra nf Hi
100. Letter of Licence to a Debtor from his Precedent
Creditors. *
To ALL TO WHOM THESE PEESENTS shall come the several
persons whose names and seals are hereunto subscribed
and affixed by themselves, or their respective partners,
agents, or attorneys, being respectively creditors of A.B.,
of &c. (and hereinafter called " the creditors ") severally
send greeting. WHEREAS the said A.B. is indebted to Recital of
the creditors in several sums of money, which he is not m
at present able to pay, but which he expects to be able
to pay by the instalments following, that is to say
shillings in the pound on the day of
next, shillings in the pound on the
day of 18 [and so on, specifying times
and amounts] . Now THESE PRESENTS WITNESS, that in Witnesseth.
M 2
164
PRECEDENTS IN CONVEYANCING.
Licence.
Covenant by
creditors not
to sue.
And that
licence may
be pleaded
in bar.
consideration of the premises, they, the creditors, do and
each of them doth hereby grant unto the said A.B.
licence to come, go, pass, or repass from place to place
within the United Kingdom of Great Britain and
Ireland, where and as his vocations, or occasions, shall
require from the date of these presents, up to the said
day of 18 , the said A.B. in the mean-
time duly paying the several instalments hereinbefore
mentioned to the creditors, without being sued, arrested,
or molested in his person, or otherwise, for or on account
of any debt, sum of money, or other thing whereby, or
whereof he is, or may be in anywise charged, or charge-
able, or indebted to the creditors, or any of them, or
their or any of their respective partners. AND each of
them the creditors, so far as relates to the acts and deeds
of himself and his partners, and his and their heirs,
executors, and administrators, doth hereby for himself,
his heirs, executors, and administrators, COVENANT with
the said A.B., his executors and administrators, that
they the said covenanting parties respectively, or their
respective executors, or administrators, partner, or
partners, or any other person or persons, by, with, or
through their or any of their order, privity, or procure-
ment, will not at any time between the date of these
presents, and the said day of ,18
(provided the said instalments are duly paid from time
to time as they respectively fall due), sue, arrest, attack,
or molest the said A.B., his heirs, executors, or adminis-
trators, or his or their bodies, goods, or estates, for or on
account of any debt or sum of money which he now owes
to the creditors respectively, either solely by himself, or
jointly with or for any person, or persons, or for or on
account of any other thing, wherewith he or they now is,
or are, or shall, or may be charged, or chargeable. AND
THAT these presents may be pleaded in any court of law
or equity, as a bar, and in discharge of all and every
LETTERS OF LICENCE. 165
action, or other proceeding, judgment, and execution,
which shall or may be brought, commenced, sued, or
prosecuted, or taken against the said A.B., his heirs,
executors, or administrators, or his or their goods, or
estates, by the said covenanting parties respectively, or
any of their heirs, executors, or administrators, partner
or partners, or any other person, or persons, by, through,
or with their or any of their acts, privity, order, or pro-
curement, (a) IN WITNESS, &c.
101. Letter of Licence to two Debtors from their precedent
Joint Creditors.
To ALL TO WHOM THESE PRESENTS shall come, the several
persons, companies, and co-partnership firms, whose
names and seals are hereunto subscribed and affixed by
themselves, or their respective agents, or attorneys, being
respectively creditors of A.B. and C.D., both of &c.,
trading there in co-partnership under the style of " A.B.
and Co." (and hereinafter designated "the said cre-
ditors") send greeting. WHEREAS the said A.B. and Recital of
C.D. (hereinafter called "the said debtors") have for indel
some time past carried on business in co-partnership as
aforesaid, and in the course thereof have become indebted
to the said creditors in various sums of money, which
they are unable immediately to pay, but which they
expect to be able to pay in full within calendar
months from the day of ,18 . AND And meeting
WHEREAS at a meeting of the said creditors, held on the
day of instant, it was agreed that the
said creditors should give time to the said debtors for
payment, and execute these presents. Now THESE Witnesseth.
PRESENTS WITNESS that in pursuance of the said agree-
(a) Letters of licence from creditors are subject to an ordinary
deed stamp of 10s.
166
PRECEDENTS IN CONVEYANCING.
Licence.
Covenant by
creditors not
to sue.
merit, and in consideration of the premises, they, the said
creditors, do and each of them doth hereby grant unto
the said debtors, and unto each of them, licence to come
and go, and to pass and repass, from place to place
within the United Kingdom of Great Britain and
Ireland, when and as their respective vocations, business,
or occasions shall require, for the term of
calendar months from the day of , 18 ,
without being sued, arrested, or molested, in their, or his
person, or persons, for or on account of any debt, sum
of money, or other thing whereby or whereof they are,
or may be, in anywise charged, or chargeable, or
indebted to the said creditors, or any of them, or their
or any of their respective partners. AND each of them,
the said creditors, so far as relates to the acts and deeds
of himself, and his partner, or partners, and his or their
heirs, executors, and administrators, doth hereby for
himself, his heirs, executors, and administrators, COVE-
NANT with the said debtors, and also as a distinct and
separate covenant with each of them his respective
executors and administrators, that they the said cove-
nanting parties respectively, or their respective partners,
or partner, or any other person, or persons, by, with, or
through their or any of their order, privity, or procure-
ment will not (provided the said debtors or either of
them do not give any preference or priority, to any one
or more of the said creditors, over the other or others of
them, at any time hereafter during the said term of
calendar months), during such term sue, arrest,
impede, or molest, the said debtors or either of them, their
or either of their heirs, executors, or administrators, or
their or either of their bodies, goods, or estates, for or on
account of any debts or sums of money which they now
owe, either solely by themselves, or jointly with or as
sureties for any other person or persons, or for or on
account of anything wherewith they or he may be
LETTERS OF LICENCE.
167
charged or chargeable. AND THAT these presents may And that
be pleaded in any court of law or equity as a bar and in bTpleLied y
discharge of all and every action, or other proceeding, m ar -
judgment, or execution, which shall or may be brought,
commenced, sued, prosecuted or taken against them,
the said debtors, or either of them, by the said several
covenanting parties, or any of them, or their or any of
their heirs, executors, administrators, partners, or
partner, or any other persons or person, by, through,
or with their or any of their acts, privity, order, or
procurement. PEOVIDED ALWAYS that in case the said Proviso deter-
debtors, or either of them, shall at any time hereafter in certain
during the said term of calendar months give events -
any preference or priority to any one or more of the said
creditors over the others or other of them, the licence
hereby given shall be at an end, and no longer be avail-
able to the said debtors, or either of them, anything
hereinbefore contained notwithstanding. IN WITNESS, &c.
"THE SAID CREDITORS."
Signatures.
Seals.
Signed, sealed, and delivered in the
presence of
PRECEDENTS IN CONVEYANCING.
Precedent 102. LlCBUGQ /TO/71 0, LeSSOT to ttSSWH absolutely.
102.
To A.B., of &c. [lessee] .
Licence from IN puESUANCE OP THE LEASE granted by me to you of a
assign abso- dwelling house and premises, No. , in Street,
, and the dwelling-house No. , adjoining, now
used as a licensed public-house, I HEREBY CONSENT to your
assigning the same premises and all your interest therein
under the said lease and the licences attached to the
premises, to Mr. Y.Z., of &c., for all the residue now
unexpired of the term of years created by the
said lease ; but this consent shall be available for this
turn only, and shall not extend or be construed to extend
to authorise an assignment or underlease by the said
Y.Z. to any other person without my consent in writing
first obtained.
DATED the day of 18 .
C.D. [Zeasor].
Precedent 103. Licence from a Lessor to assign by Way of.
103 - Mortgage.
To A.B., of &c. [lessee] .
Licence from AT YOUE BEQUEST, and in pursuance of the lease granted
by me to you, bearing date on or about, &c., of a piece
a lessor to
assign by
way of mort-
gage.
(a) See 22 & 23 Yict. c. 36, s. 1, et seq. ; 23 & 24 Viet. c. 38, s.
6 ; and Dumpor's case (1 Sm. L. C. 7th ed. 41). A verbal licence
will not suffice where a written one is required (Richardson v.
Evans, 3 Madd. 218), and a written licence after breach is not good
unless by deed. See a form in Davidson's Concise Prec. 10th ed.,
303.
LICENCES. 169
of ground with the messuage thereon, situate at ,
in the county of , I HEREBY CONSENT to your
assigning or underleasing the same by way of mortgage
or security to Mr. Y.Z., of &c., either for the residue or
any less period of the term of years created by
the said lease ; but this consent shall only extend to the
assignment or underlease, hereby specifically authorised,
and shall not prevent, or be deemed to prevent, any pro-
ceeding for any subsequent assignment or underlease by
you to any other person without my consent in writing
first had and obtained.
DATED the day of 18 .
C.D. [lessor].
104. Licence by Mortgagees to grant a Lease Precedent
(endorsed), (a) ^
WE, the undersigned, being mortgagees of the property Licence by
JY CONSENT to A.B. [mortgagor
;en lease to Y.Z. [lessee] .
C.D. and E.F. [mortgagees] .
within demised, do HEREBY CONSENT to A.B. [mortgagor] to grant a
granting the within- written lease to Y.Z. [lessee] .
(a) Strictly, a lease of property in mortgage should be granted by
both mortgagor and mortgagee, the lessee covenanting with the
latter as having the legal estate (Webb v. Russell, 3 T. B. 393);
but as frequently a lease is drawn and oftentimes engrossed in the
belief that the property comprised therein is unencumbered, a
licence in some such form as the preceding is generally taken, at the
last moment, by the lessee's solicitor for the security of his client.
As to the effect of leases granted of mortgaged property by mort-
gagor or mortgagee alone, see Keech v. Hall (1 Sm. L.C. 7th ed.,
579 and notes.
170 PRECEDENTS IN CONVEYANCING.
precedent 105. Memorial to the Commissioners of Inland
105 ' Revenue to stamp a Deed without or with a
mitigated Penalty, (a)
Memorial to To the Honourable the Commissioners of Her Majesty's
without a e& Inland Revenue [or (see foot-note) To the Right
penalty. Honourable the Lords Commissioners of Her Majesty's
Treasury] .
The Memorial of A.B., of &c., Gentleman,
Solicitor for G.H., of &c.
Sheweth,
THAT YOUR MEMORIALIST was present, and did see C.D.
and E.F. on the day of , 18 , duly
execute the instrument hereunto annexed, bearing date
the day of ,18, being an indenture
of , and made between the said C.D. of the first
part, the said E.F., of the second part, and the said G.H.
of the third part.
(a) The Commissioners allow an executed instrument to be
stamped, as a general rule on payment of the duty only at any time
within two calendar months after its first execution, and they may.
if they thing fit, at any time within twelve months after the first
execution of any instrument, remit the penalty or penalties, or any
part thereof (33 & 34 Yict. c. 97, s. 15). If, however, the twelve
months have elapsed since the first execution of the instrument the
deed cannot be stamped without payment of the duty to which it is
liable and a penalty of 10 ; but by addressing the memorial, as
above, to the Treasury instead of to the Commissioners the Board
will, if such duty and penalty have been prepaid, and sufficient
cause shown to account for the omission or mistake in stamping in
the first instance, issue an order for a return of the penalty or some
part thereof.
MEMORIALS. 171
THAT since the execution of the said indenture on the
said day of , 18 , it was temporarily
lost or mislaid, and though diligent search was made
from time to time by your memorialist and others in his
employ, the said deed was not found until the
day of instant, when it was immediately pre-
sented for the purpose of being duly stamped.
THAT such omission to stamp the said deed was purely
accidental, and without fraud or intention of fraud or
evasion, and was purely occasioned by the circumstance
before stated, and not otherwise, and that this present
application is not made with any fraudulent or collusive
intent whatever.
YOUE MEMORIALIST therefore humbly prays that
your honours [or lordships] will, under the cir-
cumstances stated, be pleased [to direct the said
deed to be duly stamped, (a) and] to forego all or
part of the penalty otherwise payable as your
honours [or lordships] shall think fit.
AND YOUR MEMORIALIST will ever pray, &c.
106. Memorial to the Commissioners of Inland precedent
Revenue to stamp a Deed after an Altera- 1Q6 -
tion in the Date.(b)
To the Honourable, &c. [as in the preceding Precedent] . Memorial to
The Memorial of, &c.
alteration in
(a) Omit this reference to stamping if memorial addressed to the
Treasury.
(6) This memorial may be rendered unnecessary by the attesting
witness adding the date of the execution in the attestation clause :
thus,
SIGNED, &c., by the said A.B. and C.D., on the
day of , 18 , in the presence of, &c.
The memorial should be verified by a statutory declaration, which,
however, is exempt from stamp duty. For a form see Precedent
222, post.
172 PRECEDENTS IN CONVEYANCING.
Sheweth,
THAT, &c. [as in the first paragraph of ike preceding
Precedent] .
THAT before the said indenture was executed by any of
the said parties thereto the word " "at the
top of the first skin was inserted between the words
" " and " ," [or was altered to
," or written on an erasure, or as the fact
may be] in my presence, and that such alteration was
rendered essential and necessary through the mistake of
your Memorialist, and without any intention to evade the
stamp duty.
YOUR MEMORIALIST therefore, &c. [conclude as before,
omitting the words " and to forego," &c.] .
AND YOUR MEMORIALIST will ever pray, &c.
Precedent 107. Memorial for the Grant of a Certificate of
loy - Naturalization.(a)
Memorial for To the Right Honourable [here insert the names and titles
a Certificate (tf an y) f, the Home Secretary for the time being] Her
Majesty's Principal Secretary of State for the Home
Department.
The Humble Memorial of A.B., of &c.
(a) See hereon 33 Viet. c. 14, 33 & 34 Viet. c. 102, and 35 & 36
Viet. c. 39, and the Regulations of the Home Secretary made in
August, 1870, and January, 1871, in reference to the manner of
making and the evidence necessary to support applications for
certificates in the three cases specified in sect. 7 of "The Natu-
ralization Act, 1870," cited, supra, viz. :
1st. Any alien.
2nd. Any person who has been already naturalized.
3rd. Any person desirous of readmission to British nationality.
For the forms of declaration required in verification of
the statements contained in the applicant's memorial
see Precedents 223 and 224, post .
MEMORIALS. 173
Sheweth,
1. THAT YOUE MEMOEIALIST was born at , in
the Kingdom [or Empire, or Republic] of , and
that he is still a subject or citizen.
2. THAT your Memorialist is years of age, and
is by trade or business a , and carries on such
trade or business at , in the county of
3. THAT your Memorialist has resided at afore-
said years and upwards.
4. THAT your Memorialist is married, and has
children.
5. THAT your Memorialist is a housekeeper, and has
been such for the last years, and has a fixed
domicile at No. , Street afore-
said, where he has resided for the last years.
6. THAT your Memorialist intends to reside perma-
nently within the United Kingdom, and is loyally affected
towards Her Majesty the Queen, her Government, and
the institutions of this country.
7. THAT your Memorialist is desirous to be enabled
to become a registered owner of British ships [or as the
fact may be], and to enjoy the rights and capacities of a
natural-born British subject, except such as are by law
excepted.(a).
8. THAT your Memorialist is ready and willing to take
the oath prescribed by the Naturalization Acts, 1870.
(a) Formerly aliens might purchase, but they held for the benefit
of the Crown (Sug. V. & P. 684) ; and if real estates were devised
to British-born subjects upon trust for the benefit of aliens, the
trust was in equity executed for the benefit of the Crown : (Barrow
v. WadMn, 24 Beav. 327). But now real and personal property of
every description, except a British ship, may be taken, acquired,
held, and disposed of by an alien in the same manner in all respects
as by a natural-born British subject, and a title to such property
may be derived through, from, or in succession to an alien (33 Viet,
c. 14, ss. 2 and 14), but the Act is not retrospective : (Sharp v. De
St. Sauveur, 41 L. J. Ch. 576).
174 PRECEDENTS IN CONVEYANCING.
YOUR MEMORIALIST, therefore, humbly prays that
you will be pleased, in pursuance of the power
and authority given to you, to grant to him, upon
his taking the said oath, your certificate granting
to him all the rights and capacities of a natural-
born British subject, except the capacity of being
a member of the Privy Council or a member of
either House of Parliament, and except such other
rights and capacities as are by law excepted.
AND YOUR MEMORIALIST will ever pray, &c.
A.B.
precedent 108. Notice to a yearly Tenant to quit. (a)
108.
To A.B., of &c. [tenant] .
Notice to a I HEREBY GIVE YOU NOTICE to quit, and deliver up on
61 day next the peaceable and quiet possession of
ALL, &c. [parcels] which you hold of me as tenant from
year to year; [If date of commencement of tenancy
uncertain continue] provided your tenancy originally
commenced at day, or otherwise that you quit
and deliver up the peaceable and quiet possession of the
said premises, at the end of the (b) year of your tenancy
(a) It is not necessary that a written notice to quit should be
given unless stipulated for, or for the purpose of, enabling the land-
lord to recover double value of the premises, under 4 Geo. 2, c. 28,
s. 1. Under 11 Geo. 2, c. 19, s. 18, the notice to quit needs not be
in writing: (Timmins v. Rowlinson, 3 Burr. 1603.) As to the
requisite notice in the case of a weekly tenancy, see Jones v. Mills
(10 C. B. Rep. N. S. 788).
(&) It is better not to use the expression current year : (Doe dem.
Mayor of Richmond v. Morphitt, 7 Q. B. 577).
NOTICES. 175
which shall expire next after the end of one half year,
from the time of your receiving this notice, (a)
DATED the day of 18 .
C.D. [landlord'] .
[by (if so) Y.Z., his agent.]
109. Notice to a Lessee to Repair. (b] precedent
109.
To A.B., of &c. [lessee] .
IN PURSUANCE of an indenture of lease, dated the Notice to a
-, f IDT J.-L j lessee to
day of 18,1 HEREBY GIVE YOU NOTICE that upon repair.
a view and examination of the premises, No. in
Street, demised to you by the said
lease, I find that the repairs mentioned at the foot hereof
are required and necessary to put the said premises in
good and tenantable order, in accordance with your
covenants contained in the said lease. AND I FURTHER
GIVE YOU NOTICE that I now require you to cause the same
premises to be well and sufficiently repaired, and amended,
in a workmanlike manner with good materials, within
months next after this notice shall have been
given to, or left for you, upon the said premises. AND
on failure of your compliance herewith, I shall adopt
such proceedings against you as I may be advised.
DATED the day of 18 .
C.D. [lessor].
PARTICULARS OP REPAIRS referred to.
(a) See Hirst v. Horn (6 M. & W. 393) ; Doe v. Scott (6 Bing.
362) ; and Morgan v. Davies (3 C. P. Div. 260).
(6) See Few v. Perkins (16 L. T. Rep. N. S. 62) ; and Makin v.
WatUnson (40 L. J. Ex. 33).
176
PRECEDENTS IN CONVEYANCING.
precedent 110. Notice by a Landlord to Sheriff of Unsatis-
lla fied claim for Rent.
To the Sheriff of shire, to C.D., his officer,
and to all whom it may concern.
Notice by a TAKE NOTICE, that the sum of for rent of the
sheriffof un- premises situate in Street, , is now due
' daim to me > ^ rom m ^ tenant E -^v of whose goods and effects
you are now in possession, by virtue of a writ of execution,
and that I hereby claim the said sum of as
due to me, and still unpaid, and require its immediate
payment, (a)
DATED the day of 18 .
A.B. [landlord'].
for rent.
Precedent
111.
Notice by a
lessor to de-
termine a
lease for
breach of
covenants and
non-payment
of rent.
111. Notice by a Lessor to determine a Lease for
Breach of Covenants and Non-payment of Rent.
To A.B., of &c. [lessee], CJX, and E.F., of &c. [sub-
lessees] , and all others whom it may concern.
As SOLICITOR for and on behalf of G.H., of &c. [lessor],
I DO HEREBY GIVE YOU, and each and every of you, NOTICE
that by an indenture of lease, dated on or about the
day of 18 , and made between the
said G.H. of the one part, and the said A.B. of the other
part, the said G.H. demised unto the said A.B., his
executors, administrators, and assigns, All that, &c.
'[parcels] for the term of years, subject to the
payment of the yearly rent of , and to the
performance and observance of the covenants, conditions,
and agreements therein contained ; and in the event of
any breach thereof, the said demise contained a clause
(a) See 8 Anne, c. 14, s. 1 ; and 7 & 8 Yict. c. 96, s. 67. As to
goods taken under the warrant of a County Court, or under process
of the Admiralty Court, see 19 & 20 Viet. c. 108, s. 75 ; and 24
Yict. c. 10, s. 16.
NOTICES. 177
empowering the said G.H. to re-enter and determine the
said term. AND WHEREAS the covenants, conditions, and
agreements contained in the said lease have been broken
in several respects, and in particular by the non-payment
of the said rent of , at the times and in
manner thereby specified for payment thereof, and there
is now due and owing the sum of , being
quarters' rent, and the sum of , the
amount of one quarter's rent payable in advance. Now
I GIVE YOU NOTICE that it is the intention of the said G.H.
to re-enter and take possession of the said premises
demised by the said lease as in his former estate, and to
determine and make void the same, and the tenancy and
term thereby created. AND I GIVE YOU FUETHEB NOTICE,
and hereby require you to quit and deliver up the peace-
able possession of the said premises to the said Gr.H., or
to such person as he shall appoint, within days
from the date hereof, or in default of your so doing I
shall institute and take such proceedings against you as
I shall deem advisable.
DATED the day of 18 .
Y.Z. [solicitor to lessor].
112. Notice by Vendors to Tenant of a Purchaser Precedent
(who failed to perform his Contract) to pay 112 -
Rent to them.
To A.B., of &c. [tenant] .
WE BEG T.O GIVE YOU NOTICE that by an indenture dated, Notice by
&c., and made between M.N., of &c. [purchaser] , of the tenant of a
one part, and ourselves of the other part, the said M.N. ^
did release and quit claim to us, our heirs, executors, perform his
^ t ' contract) to
administrators, and assigns, the premises now in your pay rent to
... m them,
occupation, situate in or near Terrace,
N
178 PRECEDENTS IN CONVEYANCING.
Road, , together with other premises also situate
there, which several premises were in the year 18
contracted to be sold by us to the said M.N., which con-
tract the said M.N. failed to perform, and in respect
thereof became indebted to us to a large amount. AND
WE FURTHER GIVE YOU NOTICE not to pay any rent now
due or hereafter to become due from you for the use and
occupation of the said premises to the said M.N., or any
other person than to Mr. Y.Z., whom we have appointed
our agent to receive the same, and whose receipt shall be
your discharge.
DATED the day of , 18 .
C.D. and E.F. [vendors'].
Precedent 113. Notice of an Application to Justices to eject
113 - a Tenant holding over.
To A.B., of &c. [tenant] .
Notice of an I, C.D., of &c., owner [or agent (a) to the
* owner] do HEREBY GIVE YOU NOTICE that unless peaceable
possession of the tenement consisting of &c. [here insert
particulars] , situate which was held of me [or of
the said C.D.] under a tenancy from , which was
determined by notice to quit from me [or the said C.D.]
on day, the day of , 18 , pro-
vided your tenancy commenced on that day of the year ;
but if your tenancy commenced on any other day of the
year, then that you were thereby required to quit and
deliver up to me the possession of the said tenement and
(a) " Agent " shall be taken to signify any person usually
employed by the landlord in the letting of the premises or in the
collection of the rents thereof, or specially authorised to act in the
particular matter by writing under the hand of such landlord :
(1 & 2 Viet. c. 74, sect. 7).
NOTICES. 179
premises at the expiration of one current half-year next
after the service of that notice, and which tenement is
now held over and detained from the said last-mentioned
day be given to [the owner or agent] on or before the
expiration of seven clear days from the service of this
notice I shall on day next, the
day of instant, at o'clock in the
noon of the same day, at the police court in
Street, within the borough of aforesaid, (a) apply
to Her Majesty's justices of the peace in petty sessions
assembled and acting for the said borough, to issue
their warrant directing the constables of the said district
to enter and take possession of the said tenement, and
to eject any person therefrom. (6)
DATED the day of , 18 .
C.D. [landlord],
[or Y.Z. agent].
114. Notice of the Dissolution of a Partnership Precedent
for the Gazette. ^
NOTICE is HEREBY GIVEN that the partnership hereto- Notice of the
fore subsisting between us the undersigned A.B., C.D.,
and E.F., at , in the county of , as j! r *^f
* Gazette.
under the style or firm of "B.D. and Co.,"
was on the day of , 18 , dissolved by
mutual consent. All debts owing from or due to the
(a) The place of application should be specified: (Delaney v.
Fox, 1 C. B. N. S. 166).
(6) Summary proceedings can only be taken before two justices
where the term does not exceed seven years, nor the rent 20, no
fine being reserved (1 & 2 Viet. c. 74) ; and in a County Court
where neither the rent nor the value of the premises exceeds
50 per annum, and no fine or premium paid (19 & 20 Viet,
c. 108, s. 50). Under the first-mentioned act no costs can bo
awarded.
N 2
180
PRECEDENTS IN CONVEYANCING.
late firm will be discharged or received by the said E.F.,
who for the future will carry on the business on his own
account, (a)
DATED the day of , 18 .
A.B., C.D., and B.F. [partners].
precedent 115. Notice by a Mortgagee to a Tenant to pay
115 - Rent to him.
To A.B., of &c. [tenant] .
Notice by a I HEREBY GIVE YOU NOTICE that by an indenture dated,
a'teM.nfTo &c., and made between C.D. of the one part, and me the
pay rent to an dersigned E.F. of the other part, the hereditaments
and premises situate at , in the county of ,
and now in your occupation, were granted [or assigned]
to me, my heirs [or executors, administrators], and
assigns by the said C.D. to secure the principal sum of
, and interest thereon after the rate of
per cent, per annum on a certain day now
long past, which principal sum is still due and owing,
together with an arrear of interest thereon. Now I
HEREBY GIVE YOU FURTHER NOTICE and require you to pay
to me the rent now, and at any time hereafter to accrue
due in respect of your said occupation, and on no account
after the receipt hereof to pay any rent which may be
now due and unpaid, or at any time hereafter accrue due
in respect of the said premises to the said C.D. during
the continuance of the said mortgage security, or to any
(a) A statutory declaration verifying the signatures of all the
partners must be made before this uotice, if signed in the pro-
vinces, will be inserted in the Gazette, though if signet! in
Condon it is customary for tn'e notice to be ingfirigd^jreithout any
declaration on its being presented attested by a known practising
solicitor.
NOTICES. 181
other person or persons other than myself or my duly
authorised agent, (a)
DATED the day of 18 '.
E.F. [mortgagee].
116. Notice by Executors to Creditors to send in precedent
Claims, and to Persons indebted to pay llg -
(concise form).
A.B. [deceased'].
ALL PERSONS having claims against the estate of A.B., Notice by
late of Street, in the county of , creditors 8 to
deceased, are requested to send particulars thereof to ^ d . mcl ^ m ^'
the undersigned ; and all persons indebted to the said indebted to
estate are required to pay the same to me forthwith.
DATED the day of 18 .
Y.Z. (Address),
Solicitor for the Executors.
117. Notice to Creditors under 22 & 23 Viet. Precedent
c. 35, s. 29. (b) ^
A.B., deceased.
NOTICE is HEREBY GIVEN that all creditors and other Notice to
: creditors
(a) The legal mortgagee, who gives notice to the tenant to pay vict. c. 35,
him the rent becomes entitled to the rent which is due at the date sect - 29-
of the notice as well as to that which accrues afterwards, whether
the lease be made before or after the mortgage, for in the one case
the lease is void against the mortgagee, and in the other notice of
the mortgage to the tenant operates as an attornment by him (2
Fisher on Mortgages, 2nd ed. 867.) As to the position of the
mortgagor before notice see 36 & 37 Vict. c. 66, sect. 25, sub-sect. 5.
(6) This section of the Act requires that to obtain the indemnity
sought for the executors or administrators are to give " such notice I
as, in the opinion of the court in which such executor or adminis-
trator is sought to be charged, would have been given by the Court /
of Chancery in an administration suit." Mr. Waiters, in his tren-
182 PRECEDENTS IN CONVEYANCING.
persons (a) having any claims or demands upon or against
the estate of A.B., late of Street , in
the county of deceased (who died [if so, intes-
tate] at aforesaid, on the day of
,18 , and whose will was proved by [or letters of
administration to whose personal estate [or (if so) to
whose unadministered personal estate], and effects were
granted to] C.D., of &c., in [or by] Her Majesty's
High Court of Justice at the Principal Registry
[or the District Registry at ] of the Probate
Division thereof, on the day of 18 ),
are hereby required, pursuant to the twenty -ninth section
of the Act of Parliament of the 22 & 23 Viet. c. 35,
intituled " An Act to further amend the Law of Pro-
perty, and to relieve Trustees," to send, in writing, par-
ticulars of their claims or demands to the undersigned
Y.Z., the solicitor of the said C.D., at his office, No. ,
Street, aforesaid, on or before the
day of , after which day the said C.D.
will proceed to distribute the assets of the said A.B.
among the parties entitled thereto, having regard only
to the debts, claims, and demands of which the said C.D.
has then had notice, and that he will not be answerable
or liable for the assets, or any part thereof, so distributed
chant Treatise on the Statutes for the Amendment of the Law of
Property, says, in his comment on this portion of the section, " it
appears to be the practice of the Court of Chancery to insert the
advertisement for creditors once in the London Gazette, twice or
three times in the Times, and twice or three times in at least two of
the jmncipaT local papers where the~fcestator [or intestate] resided
or carried ou any business ; and, where there is any reason to
suppose tne testator [or intestate] resided for any time or contracted
debts abroad, the advertisement is also inserted in such foreign
newspapers. Five is the minimum number of times of inserting
the advertisement in any case including the Gazette :" (see pp. 325,
326) ; see also Clegg v. Rowland (15 L. T. Rep. N. S. 385) ; and
Wood v. Weightman (L. Rep. 13 Eq. 434).
(a) See Newton v. Sherry (1 C. P. Div. 246).
NOTICES. 183
to any person or persons of whose claim or demand the
said C.D. has not had notice at the time of such dis-
tribution.
DATED the day of 18 .
Y.Z.
Solicitor for the said C.D.
118. A shorter Form of a similar Notice. Precedent
118.
A.B. deceased.
NOTICE is HEEEBY GIVEN that all Creditors of A.B. late of A shorter
Street, in the county of who died in or similar notice,
about the month of are on or before the
day of to send particulars of their
debts or claims to the office of Mr. Y.Z. at or
in default thereof the executor [or administrator] of the
said A.B. will after the said day of dis-
tribute the assets of the said A.B. amongst the parties
entitled thereto having regard to the claims only of
which he has then notice.
DATED the day of 18.
Y.Z.
Solicitor to the Executor [or Administrator] .
119. Notice of the Adoption of an Additional Precedent
Surname. (a) 119 '
NOTICE is HEREBY GIVEN that I, A.B.C., lately called and Notice of the
known by the name of A.B., and late of &c., but now of addftionaf
&c., have taken and adopted the surname of " C." in surname -
addition to the surname of B., and that I, the said A.B.C.,
now do, and will at all times hereafter, in all deeds and
(a) See hereon Barlow v. Bateman (3 P. Wms. 65) ; Davies v.
Lowndes (1 Bing. N. C. 597) ; and Hansard, vol. clxvii. 3rd series,
p. 430.
184 PRECEDENTS IN CONVEYANCING.
writings, and in all dealings, and for all purposes on all
occasions whatsoever, use the names of B. and C., as and
for my proper surname. AND FURTHER, that I have
united the quarterings of the arms of the family of " C."
of &c., with my hereditary arms of the family of B.
DATED the day of 18 .
Precedent 120. Notice to an Executor of an Assignment of
Interest under Will
To A.B., of &c., executor of the will of C.D., de-
ceased.
Notice to an I BEG TO GIVE YOU NOTICE that by an indenture bearing
assignment^ date, &c., and made between E.F., of &c. [assignor], of
interest under t k e On0 par ^ and me $& undersigned G.H., of &c v
[assignee], of the other part, for the valuable considera-
tions therein mentioned, the said E.F. did thereby assign
unto me, the said G.H., my executors, administrators,
and assigns, ALL the interest of the said E.F., in the sum
of , appointed by the will of the said C.D.,
and in the investments thereof, with [if so] power for
me, my executors, administrators, and assigns, to demand,
sue for, recover-, and give valid receipts for the interest,
dividends, and annual income of the said trust premises,
in the name of the said E.F. AND all the estate for the
life of the said E.F., in the premises. To HOLD the same
unto me, my executors, administrators, and assigns.
DATED the day of 18 .
G.H. [assignee].
precedent 121. Notice of an absolute Assignment of Interest
121 - in a Life Policy.
To the Directors of the Company.
Notice of an IN PURSUANCE of " The Policies of Assurance Act, 1867,"
assignment I BEG T0 GIVE YOU NOTICE tnat by an indenture dated, &c.,
NOTICES. 185
and made between A.B., of &c. [assignor] , of the one of interest in
part, and myself of the other part, the said A.B. as- a
signed unto me, my executors, administrators, and
assigns, upon certain trusts therein contained, the policy
of assurance effected by the said A.B., upon his own
life, for in the Company, on the
day of 18 , and numbered , together
with all moneys payable thereunder, and with power to
me to sue for, recover, and give effectual releases and
discharges for the moneys thereby assured, (a)
DATED the day of 18 .
C.D. [assignee].
Precedent
122. Notice of an Assignment of the Equity in a 122 -
Life Policy.
To the Directors of the Company.
IN PUESUANCE of " The Policies of Assurance Act, 1867," Notice of an
T .-I.T n -ix-io assignment of
1 BEG TO GIVE YOU NOTICE that by an indenture dated &c., the equity in
and made between, &c. [parties], ALL that policy, &c. a
[parcels], was thereby assigned, by the said A.B.
[assignor], unto me, my executors, administrators, and
assigns absolutely, subject to the payment of the sum
of , then due to the said company, and charged
with interest on the said policy, and of all interest there-
after to accrue due on the same, and subject also to the
payment of all moneys thenceforth to become payable
for keeping on foot the said policy.
DATED the day of 18 .
C.D. [assignee].
123. Notice of a Mortgage of a Life Policy. Precedent
123.
To the Directors of the Company.
PUBSPANGE-of " The Policies of Assurance Act, 1867,'? Notice of a
(a) This power is now mere surplusage. See 30 & 31 Viet.
144, s. 1, and 36 & 37 Viet. e. 66, sect. 25, sub-sect. 6.
mortgage of a
life policy.
180
/
A r <-~>
PRECEDENTS IN CONVEYANCING.
Notice to a
I BEG TO GIVE YOU NOTICE, &c. [continue according to
Precedents 121 and 122, and to the facts, and proceed].
AND also that the said indenture contains a power to
sell and dispose of the said policy, moneys, and premises,
and other powers and authorities to be exercised by me,
my executors, administrators, and assigns, having for
their object to secure the repayment to me and them,
of the principal moneys and interest thereby secured, (a)
DATED the day of 18 .
C.D. [assignee].
Precedent 124. Notice to a Mortgagee of a Second Mortgage
of Freeholds.
To A.B., of &c. [first mortgagee].
PLEASE TO TAKE NOTICE that by an indenture dated &c.,
and made between Y.Z., of &c. [mortgagor], of the one
part, and me, the undersigned C.D., of &c. [second mort-
gagee], of the other part, for the consideration therein
mentioned, ALL that piece of land, &c. [parcels] mort-
gaged to you by the said Y.Z., and whereon the sum of
, or thereabouts, is now due, was, with its
appurtenances, granted by him unto and to the use of
me the said C.D., my heirs and assigns, by way of mort-
gage, with power of sale for securing and
interest. AND the said Y.Z. did thereby assign unto
me, upon certain trusts therein mentioned, all the surplus
moneys, to arise from the sale of the said premises, under
the powers or trusts contained in your said mortgage
after payment and satisfaction to you of the moneys
thereby secured.
DATED the day of 18 .
C.D. [second mortgagee] .
(a) The acknowledgment of these notices is now rendered obli-
gatory upon insurance offices, on payment of a fee not exceeding
5s. (30 & 31 Viet. c. 144, s. 6.)
freeholds f
NOTICES. 187
125. Notice to a Depositary of a Charge on a Precedent
Lease. 125 -
To A.B. of &c. [depositary] .
PLEASE TO TAKE NOTICE that by an agreement, (a) dated, Notice to a
&c., and made between C.D., of &c. [lessee], of the one aThargTona
part, and me the undersigned E.F., of &c. [mortgagee], ease-
of the other part, in consideration of , then
lent by me to the said C.D., he did thereby charge ALL
his interest in a certain indenture of lease dated, &c.,
of All that, &c. [parcels], with the appurtenances now
in his own occupation for the residue of a term of
years from the day of 18 ,
subject to the rent, covenants, and conditions therein
reserved and contained, which lease is deposited with
you, and held for the mutual benefit of lessor and lessee.
AND the said C.D. did thereby also charge the goodwill
in trade, and the fixtures, furniture, utensils, and effects,
in the said premises, and the possession thereof as a
good equitable security for the repayment to me of the
sum of < , and such further sums and interest as
therein mentioned. AND the said C.D. agreed, on
request, to execute and deliver to me a legal mortgage
of the said premises with such power of sale and other
powers as I should require to be inserted therein.
DATED the day of 18 .
E.F. [mortgagee].
126. Notice demanding Payment of Money (pay- Precedent
able on demand) under a Bill of Sale.(b)
To A.B., of &c. [mortgagor].
I HEREBY DEMAND and require you to pay on demand to Notice de-
manding pay-
(a) The precedent to which this notice has reference is Precedent mone y S (pay-
86, ante, p. 128. able on de-
(b) As to moneys payable on demand, and the requisite notice, see ^bui o? safe^
Toms v. Wilson (11 W. R. 117) ; Brightly v. Norton (Ibid. 167) ;
and Massey v. Sladden and others (38 L. J. Ex. 34.)
188 PRECEDENTS IN CONVEYANCING.
the bearer Mr. Y.Z., whom I, the undersigned C.D.
[mortgagee'] , have appointed to receive the same in my
name and for my use, the sum of , being the
amount of principal money and interest now due and
owing to me, upon or by virtue of a certain indenture
dated, &c., and made between you the said A.B. of the
one part, and myself of the other part, whereby certain
were assigned to me for securing the principal
money and interest therein mentioned. AND I GIVE YOU
NOTICE that, on failure of your complying herewith, I
shall take such steps as may be necessary for obtaining
possession of, and selling the said premises, pursuant to
the power for that purpose in the said indenture con-
tained, (a)
DATED the day of 18 .
C.D. [mortgagee].
Precedent 127. Notice demanding Possession of Goods.
^' To A.B., of &c.
Notice de- As SOLICITOR for Mr. C.D., of &c. [claimant] , and duly
ossession authorised by him in his behalf, I HEREBY GIVE YOU
of goods. NOTICE and require you forthwith to deliver to the said
C.D. the several articles of household furniture and
effects now in your possession, belonging to him, that is
to say : [here insert inventory of goods] . AND I GIVE
YOU FURTHER NOTICE that unless you forthwith deliver
possession thereof, an action will be commenced against
you for their recovery and for damages for the conver-
sion and detention thereof.
DATED the day of 18 .(&)
Y.Z. [solicitor].
(a) This latter clause may be omitted, if considered inexpedient
to apprise the mortgagor of the mortgagee's intentions on non-
compliance with his demand.
(6) Some such notice as this is usually made before commencing
an action of trover in order to prove the conversion; for if the
NOTICES. 189
128. Notice of Claim to Goods seized under a Bill Precedent
of Sale, or a Writ of Execution.
To A.B., of &c., C.D., his solicitor, E.F., officer in
possession, his assistants, and others.
I HEREBY GIVE YOU, and each of you, NOTICE as solicitor Notice of
for Y.Z., of &c., that the goods, chattels, and effects,
seized by you under colour or pretence of a bill of sale,
alleged to have been given by one G.H. to the said A.B. execution.
[or, if seized under writ, say, pretence of an execution
issued at the suit of the said A.B.], belong to the said
Y.Z., and not to the said A.B. AND as such solicitor I
GIVE YOU and each of you, FURTHER NOTICE that, unless
you forthwith deliver up possession to the said Y.Z. of
the said goods, chattels, and effects, so seized by you, or
some or one of you, an action will immediately be com-
menced against you for recovery thereof and for redress.
DATED the day of 18 .
M.N. [solicitor}.
129. Notice to a Builder to proceed according to precedent
his Contract. (a) 129 -
To A.B. of &c. [builder] .
I HEREBY GIVE YOU NOTICE and require you forthwith to Notice to a
proceed diligently, and in a proper and workmanlike
manner, with the erection and completion, pursuant to your
contract with me, dated, &c., of the dwelling houses
situate, &c. AND that in case you shall neglect or refuse
to proceed with the erection and completion thereof in
defendant is in possession of the goods, and refuses to deliver them
up when demanded, such refusal is evidence to induce a jury to
presume a conversion : (Selwyn's Nisi Prius, 1375.)
(a) The contract to which this notice has reference is Precedent
72, ante, p. 102. For a more formal notice and precedent see the
case of Walker v. L. and N. W. R. Railway Company, cited, ante,
p. 100.
190
PRECEDENTS IN CONVEYANCING.
manner aforesaid for days after the service
hereof, that I shall then enter into and upon the said
premises, and employ such other builders and workmen
as may be necessary to complete and finish the said
premises, at your risk and expense, or sell the same
either finished or unfinished, as I may be advised. AND
that I shall take all such proceedings by sale, or other-
wise, as may be requisite for the purpose of completing
the said contract, and obtaining payment of all such
moneys as shall be owing to me under the said contract,
without any further notice.
DATED the day of 18 .
C.D. [proprietor.]
Precedent
130.
Notice to
determine a
partnership.
130. Notice to determine a Partnership.(a)
To A.B., of &c.
I HEEEBY GIVE YOU NOTICE, pursuant to the provision in
this behalf, contained in our partnership articles, that it
is my intention to determine our partnership on the
expiration of calendar months from the time of
your being served with this notice.
DATED the day of 18 .
C.D.
precedent 131. Notice to Carriers (b) by a Vendor of Goods
131 - not to deliver same to the Purchaser.
To the Railway Company and to A.B., their
Goods Manager, at
I BEG TO GIVE YOU NOTICE that cases of
which were delivered by me to you, at , for
Notice to
carriers by a
vendor of
goods not to
deliver same
to the pmv
chaser.
(a) As to death of partner giving such a notice before it expires,
see Bell v. Nevin (15 W. R. 85).
(&) To make a notice effective as a stoppage in transitu, it must
be given at such a time and under such circumstances that the
NOTICES. 191
carriage to , and now in your possession, and
lying at your station in Street, , un-
delivered, addressed by me to Messrs. C.D. and Co.,
of &c., for shipment, at the request of Messrs. E.F. and
Co., of &c. [purchasers] , are my own property, and that
I am the vendor thereof, and that the said goods are
now in transit, and were purchased from me by the said
E.F. and Co., by whose direction I forwarded the same
for shipment to the said C.D. and Co., and that the said
E.F. and Co. have since become insolvent and sus-
pended payment, and that the said C.D. and Co. have
no claim to or interest whatever in the said goods. AND
I FURTHER GIVE YOU NOTICE not to deliver the said cases,
or any of them, to the said C.D. and Co., or to any
other persons or person, but to hold the same to my
order and for my use. AND I hereby undertake to in-
demnify you from all loss, damages, and expenses, to be
sustained by you, by reason or in consequence of your
retaining the said goods in pursuance of this notice, and
that if you deliver the same contrary thereto I shall
hold you responsible for all loss or expenses I may sus-
tain by reason thereof.
DATED the day of 18 .
G.H. {vendor}.
132. Notice of the Transfer of a Mortgage Debt Precedent
by a Marriage Settlement. 132 -
To A.B., of Ac. {mortgagor-} .
PLEASE TO TAKE NOTICE that by an indenture dated &c.,
and made between C.D., of &c., of the first part, E.F., settlement.
company, by the exercise of reasonable diligence, may communicate
it to their servants in time to prevent the delivery of the goods to
the consignee : (Whitehead v. Anderson, 9 M. & W. 518) ; and see,
generally on this subject, Litt. v. Cowley (7 Taunt. 168) ; Stokes v.
La Riviere (cited 3 East, 397) ; and Jackson v. Nichol (5 Bing.
N. C. 518).
192 PRECEDENTS IN CONVEYANCING.
of &c., of the second part, and G.H. and J.K., of &c.,
of the third part, in consideration of the intended mar-
riage between the said C.D. and E.F., and for other
considerations therein mentioned, the said E.F., with
the privity and consent of the said C.D., did grant and
assign unto the said Gr.H. and J.K., their executors,
administrators, and assigns, ALL that sum of ,
invested with other moneys in the names of the said
E.F., and her sisters F.F. and G.F., on security of a
mortgage, dated &c., of hereditaments and premises,
situated in Street, , from you and all
interest then due, or thereafter to accrue due, upon the
same, together with full power to sue for, recover, and
receive and give effectual releases and discharges for
the same. To HOLD the said moneys unto the said G.H.
and J.K., their executors, administrators, and assigns,
upon certain trusts therein mention, (a)
DATED the day of 18 .
Y.Z. [trustees' solicitor],
(a) In reference to the service of this and similar notices to
trustees, mortgagees, &c., the Incorporated Law Society of Liver-
pool, of which the writer is a member, lately passed the subjoined
resolution :
" That the committee, having taken into consideration the effect
of the recent decision in the case of the Saffron Walden Second
Benefit Building Society \. Rayner (14 Ch. Div. 406), are of
opinion that the practice of solicitors to trustees and mortgagees,
&c., accepting service of notices of incumbrances or other assur-
ances should be discontinued.
" That in the opinion of the committee it would, in most cases,
be found convenient that the solicitor to the trustees or mortgagees
should be employed to obtain his clients' personal acceptance of
service, and that a fee of 6s. 8d. for each trustee or other person to
whom the notice is given should be paid by the person giving the
notice to the solicitor so employed, such fee to include correspon-
dence. The solicitor giving the notice to provide a copy of the
notice for each trustee, &c., a copy for the solicitor, and a copy to
return."
NOTICES. 193
133. Notice to a Trustee of an Appointment by a Precedent
Married Woman of her Share and Interest
under Will.
To A.B., of &c. [trustee] .
I BEG TO GIVE YOU NOTICE that by an indenture dated &c., Notice to a
and made between B.B., wife of A.B., of &c., of the one
part, and me the undersigned C.D., of &c., of the other
part, for the considerations therein mentioned, the said share and
T T> T -i i i -i , . , -, interest under
r>.>. did thereby direct and appoint that you or other will.
the trustee or trustees for the time being of the said will
should thenceforth, during the life of the said B.B., pay
unto me, my executors, administrators, and assigns, the
interest, dividends, and annual produce of the share of
the personal estate of the said B.B., bequeathed to her
and her children, and of the investments in which the
same might be laid out, whether such share were the
original share of the said B.B., or any accruing share on
the death of &c., and all other (if any) the estate and
interest of the said B.B., under the said will ; and the
said B.B. thereby constituted me her attorney in her
name to demand, sue for, recover, and give valid receipts
for the interest, dividends, and annual produce of her
share, both original and accruing, under the said will.
DATED the day of 18 .
C.D. [purchaser] .
134. Notice to a Vendor of Land contracted to be Precedent
sold of Charge by the Purchaser. (a)
To A.B., o* &c. [vendor] .
I BEG TO GIVE YOU NOTICE that by an agreement, dated Notice to a
&c., and made between C.D., of the one part, and me lontracted'to
be sold of
(a) For a recent and leading authority on the doctrine of notice purchaser.
between vendor and purchaser, see Shaw v. Foster (L. Rep. 5 H.
of L. 321 ; 42 L. J. (H. of L.) Ch. 49).
O
194 PRECEDENTS IN CONVEYANCING.
the undersigned E.F., of the other part, the said C.D.,
for the considerations therein mentioned, did thereby
charge all his estate and interest in a certain agreement,
dated &c., and made between yourself, of the one part,
and the said C.D., of the other part, of ALL, &c. [parcels],
together with the messuages or dwelling houses
now erected or in course of erection by the said C.D.
thereon, as a good equitable security to me the said
B.F., my executors, administrators, and assigns for pay-
ment to me or them of the sum of , and such
further sums and interest as therein mentioned. AND
the said C.D. agreed on request to execute and deliver
to me, my executors, administrators, or assigns a legal
mortgage of the said premises with such power of sale
and other usual powers as I or they should require to
be inserted therein. AND the said C.D. did thereby
direct that in the event of a sale by you of the said pre-
mises under the powers in that behalf contained in the
said agreement of the day of 18 , the
surplus moneys arising from such sale should be paid to
me, my executors, administrators, or assigns upon certain
trusts therein mentioned, and that my or their receipt
should be a sufficient discharge for the same.
DATED the day of 18 .
E.F. [mortgagee].
Precedent 135. Notice to Vendors of Land contracted to be
13S - sold of Further Charge by the Purchaser.
To A.B. and C.D., of &c. [vendors].
Notice to I BEG TO GIVE YOU NOTICE that by an agreement, dated
iandcon & c v an< l signed by E.F., of &c. [purchaser], the said
* ne considerations therein mentioned, did
ther charge for securing to me, the under-
ff l , ,
., ot &c., certain sums ot money therein
mentioned, ALL the interest of the said E.F., in a certain
charge by the thereby further charge for securing to me, the under-
pnrchaser. J ff l , ,
signed (j.H., ot &c., certain sums ot money therein
PARTNERSHIP ARRANGEMENTS. 195
contract, dated &c., and made between yourself, of the
one part, and the said E.F., of the other part, and all
the benefit, and advantage derivable from such contract,
and all the interest of the said B.F., in the piece of land
therein described, and thereby contracted to be sold by
you to the said E.F., together with all buildings since
erected thereon by the said B.F.
DATED the day of 18 .
G. H. [mortgagee].
136. Articles of Partnership. precedent
136.
AETICLES OP AGEEEMENT made, &c., BETWEEN A.B., of &c.,
of the one part, and C.D., of &c., of the other part. Parties -
WITNESSETH that the said parties, having agreed to enter Witneseeth.
into partnership, do hereby agree the one with the other
of them as follows :
1 . They shall become and remain co-partners in the Agreement to
t P . .-, f become co-
busmess of for the term of years partners,
from the day of 18 , under the
style or firm of " "
2. The business shall be carried on at No. , in Place of
Street, , of which premises the
said partners have obtained as part of their
partnership estate a lease for a term of
years, or at such other place or places as shall be
agreed upon between them.
3. The said partners shall be true and faithful to each Partners to
other, and each partner shall devote his whole time to The
time to, and diligently employ himself in, the bnsine88 -
business of the partnership, and carry on the same
o 2
196 PRECEDENTS IN CONVEYANCING.
for the greatest advantage ; and neither partner
shall directly or indirectly engage in any business
except the business of the partnership, and upon
account thereof.
Capital. 4. The capital of the said partnership shall consist of
the sum of , now brought into the
business by the said A.B., and of the sum of
now brought into the business by the
said C.D., and such further sums of money to be
advanced by the said partners in equal proportions
as shall be required from time to time for carrying
on the same, each partner to be allowed interest
after the rate of per cent, per annum
on all capital employed, advanced, or brought in
by him.
Profits and 5. The clear profits of the partnership, after paying
borne equally. thereout all rents, rates, taxes, wages, salaries, and
expenses of carrying on the business, and the
interest in respect of capital, shall be divided
equally between the said partners, and all losses
shall be borne by them in equal proportions, unless
incurred through the wilful neglect or default of
either, in which case the loss shall be made good
by the defaulting partner.
Partners to be 6. The said partners shall be at liberty to draw out of
the profits for maintenance any sum not exceeding
P er 6ach > a11 Such SUmS to be
entered in the cash-book, and to be duly accounted
for by them respectively on every settlement of
accounts and division of profits ; and any excess
of drawings beyond the profits shall be repaid
when ascertained, and, until paid, shall be con-
sidered a debt due to the partnership.
Neither 7. Neither party shall, without the written consent of
employ 1 * * ne other, employ any partnership moneys or
partnership effects, nor sign or use the name of the firm, nor
PARTNERSHIP ARRANGEMENTS. 197
engage the credit thereof, except for ordinary property other
partnership purposes ; nor, without the consent of partnership
the other, buy or enter into any contract for the P nr poses, &c.
purchase of any stock for the purpose of the
business exceeding the price of ; nor
transact any business or enter into any contract
with, or give credit to, any person after he shall
be requested by the other not to do so ; nor,
without the consent of the other, compound,
release, or discharge any debt owing to the part-
nership, or draw, accept, or indorse, any bill of
exchange or promissory note, or contract any
debt on account of the partnership out of the
regular course thereof ; nor, without such consent,
employ or discharge or enter into any engagement
with any clerk, foreman, or other servant whatso-
ever, or enter into any bond, or become bail,
surety, or security for any person.
8. Books of account shall be kept, and proper entries Books of
T ,i . -, , o TI -i -, account to be
made therein daily ot all sums received or paid, t ep t.
all work done, and all goods bought, sold, received,
or delivered, and all other transactions usually
entered into books of account, kept by persons
engaged in the like business.
9. On the day of next, and on the Half-yearly
-, f -, . accounts and
days ot and in every valuations to
subsequent year of the said term, a general be made -
account shall be made and taken of all moneys,
stock, effects, debts, and things belonging or due
and owing to the partnership, and of all moneys,
debts, and liabilities due or owing by the part-
nership, and of all other things included in like
accounts, and a just valuation made of the particu-
lars in such account capable of valuation, and two
copies of the account and valuation shall be made,
and each copy signed by both partners, who shall
198
PRECEDENTS IN CONVEYANCING.
Power to
determine the
partnership.
Provision for
ascertaining
amounts due
to the partners
at expiration
or dissolution
(other than by
death) of the
partnership.
each keep one such copy and be bound thereby ;
but if any manifest error be found therein by
either, and signified to the other within six
calendar months after the same shall have been
signed, such error shall be rectified.
10. If either of the said partners shall desire to ter-
minate the said partnership, and shall give six
calendar months' previous written notice of such
desire to the other, or leave it at the place of
business for the time being, then the partnership
shall determine at the expiration of such six
calendar months.
11. On the expiration of the said term of
years, or on the earlier dissolution of the said
partnership (as in clause 10 provided), the stock,
credits, and effects, and the debts and liabilities
of the partnership shall be forthwith ascertained,
and in case the parties cannot agree, the same
shall be valued by competent persons to be
appointed as follows : Each partner shall appoint
one such person, and the persons so appointed
shall appoint a third valuer, and the valuation of
such three persons, or any two of them, shall be
final. And in case the said partnership shall be
dissolved by notice as aforesaid, the partner to
whom such notice shall be given shall have the
option of purchasing the share and interest in the
partnership of the partner giving such notice, and
if he shall purchase it, then he shall pay and dis-
charge all the debts and liabilities of the partner-
ship, and indemnify the other therefrom ; but if
the partner to whom such notice shall be given
shall decline to purchase, then the partner giving
such notice shall have the option of purchasing
the share of the partner receiving notice, and if
he shall receive it, then he shall pay and discharge
PARTNERSHIP ARRANGEMENTS. 199
all the debts and liabilities, and indemnify the
other therefrom; but in case both partners decline
to purchase, then, and in the event of the deter-
mination of the partnership by effluxion of time,
or in any other manner than by notice or by the
death of either partner (as in clause 12 provided),
the said stock, credits, and effects, with the good-
will (a) of the said business, shall be forthwith
collected or converted into money, and thereout
all debts and partnership liabilities shall be dis-
charged, and it shall be ascertained what amount
of profits each partner shall be then entitled to,
and the surplus moneys (if any) shall be employed
in or towards payment rateably of the respective
amounts then due to the said partners.
12. If either partner shall die during the said term, The like in
the stock, credits, and effects, and the debts and partner's
liabilities of the partnership shall be forthwith death -
ascertained, and in case of difference as to the
value thereof, the same shall be valued by com-
petent persons to be appointed as follows :
Each of them, the surviving partner, and the re-
presentatives of the deceased partner, shall appoint
one such person, and the persons so appointed
shall appoint a third valuer, and the valuation of
such three persons, or any two of them, shall be
final, and the surviving partner shall have the
option of purchasing the share and interest of
the deceased partner at the amount of such valu-
ation, and if he shall so purchase them he shall
pay to the executors or administrators of the de-
ceased partner one of the purchase-money
(a) If the whole concern and the goodwill are sold, the trade-name
is sold with it (Banks v. Gibson, 34 Beav. 566) ; aliter if there is
merely a division of the common property between the partners
(Ibid.) And see Scott v. Rowland : (26 L. T. Hep. N. S. 391).
200 PRECEDENTS IN CONVEYANCING.
within calendar months after the date of
such purchase, another part thereof within
calendar months after such date, and the
balance thereof within calendar months
after the date of such purchase, with interest for
the said sums respectively after the rate of
per cent, per annum, to be computed
from the death of the partner to the date of pay-
ment, and shall give security for such purchase-
money and interest to the satisfaction of the
executors or administrators of the deceased part-
ner ; and the surviving partner shall also pay and
discharge all the debts and liabilities of the part-
nership, and indemnify the said executors or
administrators therefrom; but if the surviving
partner shall decline to purchase and secure the
payment thereof as aforesaid, then the stock,
credits, and effects with the goodwill of the same
business shall be forthwith collected or converted
into money, and thereout all debts and partner-
ship liabilities shall be discharged, and it shall be
ascertained what amount the surviving partner,
and the representatives of the deceased partner
shall be respectively entitled to, and the surplus
moneys (if any) shall be applied in or towards
payment of the respective amount then due to
such partner and representatives as aforesaid.
Power to 13. If at any time during the said term of
toarticles^ years the said partners shall find it necessary to
partnership a ^ ^o or amend these presents, or any article or
and to extend . . . * -i i i
the term. thing herein contained, or to extend the said term,
it shall be lawful for them so to do, by any
writing signed by them respectively, and such
additions, amendments, or extension of term shall
be observed and performed in the same manner
as if originally herein inserted.
PARTNERSHIP ARRANGEMENTS. 201
14. And lastly, in case any dispute shall arise on Provision for
the construction of these presents touching the pu testo arbi-
business or the conduct and management thereof, tratlon -
or the settlement of the books and accounts, or
the settling, dividing, or applying the profits or
losses of the said partnership, or any other cause,
matter, or thing relating to the same, then all
such disputes shall be referred to arbitration in
the usual manner, (a) As WITNESS, &c.
137. Receipt for the Purchase Money of Half- precedent
interest in a Business and explaining 137 -
Articles of Partnership.
KECEIVED the day of 18 , from A. B., Receipt for
of &c. [purchaser], the sum of , and his mone^of half
acceptance to my draft [or his promissory note, as the
case may be~\ for in payment of the sum of explaining
, the price as agreed on between us for the partnership.
purchase by him of one equal half part or share of the
stock-in-trade, machinery, plant, fixtures, and goodwill
of the business of , carried on by me in premises
in , the whole whereof is this day agreed and
valued between us at the sum of . AND
IT is AGEEED that, notwithstanding the arrangement
mentioned in our articles of partnership bearing even
(a) If the partnership is to be a limited one Clause 3 should be
modified and a clause to the subjoined effect should be inserted in
the articles :
This partnership shall not extend to or affect any other trade or
business now carried on by the said partners respectively at
aforesaid, or any trade or coucern whatever, now or hereafter to be
carried on by the said parties respectively, either alone, or in
partnership with any other person or persons at any place or places
other than the said joint business.
202 PRECEDENTS IN CONVEYANCING.
date herewith for the equal division of the profits and
losses between myself and the said A.B., the said A.B.
is to be entitled only to one th of the profits and
losses until the payment by him at maturity of the said
acceptance [or promissory note] for , but
from the date of payment of such the said
A.B. is to share equally with me the profits and losses
as mentioned in the said articles of partnership. AND
IT is ALSO AGREED that until the payment to me of the
said the said A.B. shall be only entitled to
draw weekly on account of profits for maintenance the
sum of in respect of every paid by
him to me on account of the said sum of
notwithstanding the arrangement in the said articles in
reference thereto.
C.D. and A.B.
precedent 138. Memorandum cancelling Articles of Partner -
138 ' ship (endorsed).
Memorandum MEMORANDUM OP AGREEMENT that we have this day
articles^)! adjusted and settled all accounts between us relating to
partnership. fa e -^thin-mentioned partnership business, and have
paid and discharged, or otherwise provided for, all the
debts and liabilities thereof, and hereby dissolve and put
an end to the within-written agreement of partnership.
AND WE AGREE that the business heretofore carried on by
us shall hereafter belong to the undersigned C.D. alone,
and he shall be entitled to the whole of the stock-in-
trade, implements, utensils and effects of the partnership,
and the goodwill thereof, and be entitled to receive all
the outstanding debts, assets, rights, and credits of the
said business, and shall pay thereout all the liabilities
(if any) of the same. AND WE FURTHER AGREE to
execute mutual releases to each other in respect of the
PARTNERSHIP ARRANGEMENTS. 203
said business, and all matters arising thereout upon
demand.
DATED the day of , 18 .
A.B. and C.D.
139. Deed of Dissolution of Partnership. Precedent
139.
THIS INDENTURE made. &c., BETWEEN A.B., of &c.
Parties.
[retiring partner] , of the one part, and C.D., of &c.
[continuing partner} , of the other part. WHEREAS the Recital of
said parties hereto on the day of , 18 ,
entered into partnership as , at , in the
county of , for the term of years thence
next ensuing, upon certain terms and conditions then
agreed upon between them, and it was among other
things agreed that they should be interested in the profits
and losses of the said partnership in equal shares, (a)
AND WHEREAS the said A.B. having determined to retire Determination
from the said partnership, and the said C.D. being willing retire.
to continue and carry on the said business on his own
account, it has been mutually agreed between the said
parties hereto that the said partnership shall be dissolved,
and the said partnership is this day dissolved accordingly,
and the said A.B. shall on the signing hereof retire from
the said concern, and a notice of such dissolution signed
by the said parties hereto is intended to be inserted in
the London Gazette. AND WHEREAS the said A.B. has And agree-
agreed to assign his share in the profits, goodwill, trade
name, fixtures, capital, stock-in-trade, credits, profits, C<D -
and effects of the said partnership, and all his interest in
the tenancies of the places of business occupied by the
(a) Or, if partnership merely verbal : Whereas the said parties
hereto in or about the month of , 18 , agreed to become
partners together as at aforesaid, but no written
articles of partnership were entered into, and they have since
carried on the said business and divided the profits and losses
between themselves in eqnal shares.
204
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Parcels.
said partnership unto the said C.D. in consideration of
the said C.D. paying to the said A.B. the sum of
in cash by instalments of
per , and accepting and delivering to him and
duly paying at maturity a certain bill of exchange for
the sum of , bearing date the day of
18 , drawn by the said A.B. on the said C.D.,
payable after date. Now THIS INDENTURE WIT-
NESSETH that in pursuance of the said recited agreements
Consideration, and in consideration of the covenant on the part of the
said C.D., for payment of the said sum of by
instalments, at each, and for payment
of the said bill of exchange hereinafter contained, the
said A.B. doth by these presents assign, transfer, and set
over, ratify, and confirm unto the said C.D., his execu-
tors, administrators, and assigns, ALL that the one equal
moiety or half part, and all other the part, share, and
interest of the said A.B., of and in all and singular the
goods, wares, merchandise, stock-in-trade, profits,
capital, credits, fixtures, goodwill, trade-name, books,
property and effects belonging or due and owing to the
said A.B. and C.D., as such partners as aforesaid. AND
all the estate and interest of the said A.B., in the tenan-
cies of the places of business occupied by the said partner-
ship. AND all the estate, right, title, and interest, both
legal and equitable, of the said A.B., of, in, and to the
hereby assigned premises, and every part thereof. To
HAVE, HOLD, KECEiVE, AND TAKE the said one equal moiety,
or half part, and all other, the part, share, or interest of
and in the said goods, stock-in-trade, profits, capital,
credits, fixtures, goodwill, trade-name, books, property,
tenancies, and effects, and all and singular other the pre-
mises, hereby assigned unto the said C.D., his executors,
administrators, and assigns, for his and their own proper
goods, chattels, credits, and effects absolutely. AND for
the better enabling the said C.D., his executors, or
Habendnm.
Power of
attorney.
PARTNERSHIP ARRANGEMENTS. 205
administrators, to recover and receive the said partner-
ship credits and effects, the said A.B. doth by these
presents constitute and appoint the said C.D., his execu-
tors, or administrators, to be the true and lawful attorney
or attorneys irrevocable of the said A.B., in the names of
the said A.B. and C.D., or in the name or names of the
said A.B., his executors, or administrators, or otherwise,
as occasion shall require, but for the exclusive benefit
and at the sole risk and cost of the said C.D., his execu-
tors, or administrators, to ask, demand, sue for, recover,
and receive of and from the person or persons to whom it
shall or may belong, to pay and deliver the same, all and
singular the credits, sum, and sums of money and effects
of the said partnership, and to give effectual receipts, or
other sufficient releases and discharges for the same, and
to employ such legal or equitable ways and means for
enforcing the payment and getting in of such credits
and effects respectively, as may be deemed expedient,
and one or more substitute or substitutes for all, any, or
either of the purposes aforesaid, to substitute or appoint,
and such substitution or appointment at pleasure to
revoke and generally to do, or cause to be done, whatso-
ever shall be necessary, for giving the said C.D., his
executors, or administrators, the full benefit of the
assignment hereby made. AND the said A.B. doth Covenant by
hereby, for himself, his heirs, executors, and adminis-
trators, covenant with the said C.D., his executors, acttopre-
. . . . . judice the
administrators, and assigns, in manner following (that is partnership.
to say), that the said A.B. hath not contracted any debt
or obligation, whereby or by means whereof the said
C.D., his executors, or administrators, or the joint stock
and effects of the said partnership, may be charged or
prejudiced. AND THAT the said A.B. hath not received Nor to incum-
or discharged any credits of the said partnership that assigned. &
have not been duly entered in the books of the said
partnership, or done, or permitted any act, deed, matter,
206
PRECEDENTS IN CONVEYANCING.
For further
assurance.
And not to
revoke the
power of
attorney.
Covenant by
C.D. to pay
consideration
money, rents,
and partner-
ship liabilities
or thing whatsoever, whereby the share of the said A.B.,
in the said premises hereby assigned, or any part
thereof, can be charged, incumbered, or prejudicially
affected. AND THAT the said A.B., his executors, and
administrators, shall, and will, from time to time, and at
all times hereafter, at the request and cost of the said
C.D., his executors, administrators, or assigns, enter into
and execute all such further assurances for the more per-
fectly or satisfactorily vesting the said premises hereby
assigned in the said CD., his executors, administrators,
and assigns, or enabling him and them to recover and
receive the same as he or they shall require. AND THAT
the said A.B., his executors or administrators, will not at
any time hereafter revoke or attempt to revoke the power
or authority hereinbefore given, nor receive, compound,
or discharge any of the said partnership credits, nor
release, disavow, become nonsuit, or in anywise interfere
in any action or suit that may be commenced or prose-
cuted by the said C.D., his executors or administrators,
in pursuance of the powers and authorities hereinbefore
contained in respect of the said hereby assigned premises.
AND the said C.D. doth hereby for himself, his heirs,
executors, and administrators, covenant with the said
A.B., his executors and administrators, that he the said
C.D., his executors, or administrators, shall and will well
and truly pay unto the said A.B., his executors, adminis-
trators, or assigns, the said sum of , by
instalments of , on the day of every
, until the whole of the said sum of
shall be fully paid and satisfied, the first payment to be
made on the day of 18 , and shall and
will duly pay at maturity to the said A.B. or other the
holder thereof the said bill of exchange hereinbefore
mentioned for the said sum of , and also shall
and will pay all rents hereafter to accrue due in respect
of the premises occupied for the purpose of the said
PARTNERSHIP ARRANGEMENTS. 207
partnership business, and will pay all the debts and
liabilities owing from the said A.B. and C.D. in
respect of the said partnership. AND will from time And to indem-
to time, and at all times hereafter, well and sum- respect
ciently protect, defend, save harmless, and keep ei
indemnified the said A.B., his heirs, executors, and
administrators, and his and their lands and tenements,
goods, and chattels, of, from, and against all costs,
damages, and expenses in respect thereof respectively
(except such debts, if any, as the said A.B. may have
contracted on the partnership account, and not entered
in the books thereof), and of, from, and against all costs,
damages, and expenses which shall or may be incurred
in or about any action, or other proceeding that shall or
may be brought or prosecuted by the said C.D., his
executors, administrators, or assigns, in the name or
names of the said A.B., his executors, or administrators,
by virtue of the power or authority hereinbefore con-
tained, or in anywise in relation thereto. AND THIS Witnessetb.
INDENTURE ALSO wiTNESSETH that in consideration of the
premises, the said A.B. doth by these presents acquit,
release, and discharge the said C.D., his heirs, execu- Release of
tors, and administrators, and his and their estates and
effects whatsoever and wheresoever (but subject never-
theless, and without prejudice, to the covenants herein
contained), from and of all actions, accounts, reckon-
ings, claims and demands whatsoever both at law
and in equity, which the said A.B., his heirs, execu-
tors, or administrators now hath or ever had, or shall
or may at any time or times hereafter have, claim,
challenge, or demand against the said C.D., his heirs,
executors, or administrators on account of the said
hereinbefore-mentioned agreement of partnership, or any
clause, agreement, matter, or thing therein contained, or
on account of any other matter or thing whatsoever
relating to the said partnership business, or in any way
208
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Release of
A.B.
connected therewith. AND THIS INDENTURE FURTHER
WITNESSETH that in consideration of the premises, the
said C.D. doth by these presents acquit, release, and
discharge the said A.B., his heirs, executors, and
administrators, and his and their estates and effects
whatsoever and wheresoever (but subject nevertheless
and without prejudice to the covenants herein contained),
from and of all actions, accounts, reckonings, claims, and
demands whatsoever, both at law and in equity, which
the said C.D., his heirs, executors, or administrators
now hath or ever had, or shall or may, at any time or
times hereafter, have, claim, challenge, or demand against
the said A.B., his heirs, executors, or administrators, on
account of the said hereinbefore-mentioned agreement of
partnership, or any clause, agreement, matter, or thing
therein contained, or on account of any other matter or
thing whatsoever relating to the said partnership busi-
ness, or in any way connected therewith. IN WITNESS,
&c.(a)
of
precedent 140. Power of Attorney from Partners to draw
14 - Bills (concise form).
Power of KNOW ALL MEN BY THESE PRESENTS that W6, A.B. and
partners to C.D., of &c., have made, constituted, and appointed, and
draw bills.
(a) These deeds are liable to ad valorem duty : (Christie v. Com-
missioners of Inland Revenue, L. Rep. 2 Ex. 46 ; and Phillips v.
Same, Ibid. 399.) Further, the good-will of a trade is property,
and its transfer is also liable to ad valorem duty : (Potter v. Same,
18 Jur. N.S. 778.)
(6) A power of attorney, if given for a valuable consideration,
appears not to be revocable (see Sug. V. & P. 438 ; Walsh v. Whit-
POWERS OF ATTORNEY. 209
by these presents do make, constitute, and appoint E.F.,
of &c., our true and lawful attorney for us, and in our
names, place, and stead, to sign, endorse, draw, accept,
make, execute, and deliver all such notes, cheques, bills,
of exchange, and other contracts or instruments in writ-
ing, with or without seal ; and such verbal contracts as
he may deem proper; giving and granting unto our said
attorney full power and authority to do and perform all
and every act and thing whatsoever requisite and neces-
sary to be done in and about the premises, as fully to all
intents and purposes as we ourselves, or either of us,
might or could do if personally present ; with full power
of substitution and revocation hereby ratifying and corn-
firming all that our said attorney or his substitute shall
lawfully do or cause to be done by virtue hereof. IN
WITNESS, (a) &c.
141. Power of Attorney to obtain Letters of Precedent
Administration to two Estates. *^L'
To ALL TO WHOM THESE PRESENTS shall come I, A.B., of Power of
&c., send greeting. WHEREAS C.B., the deceased wife
of D.B., late of &c., died intestate on or about, &c., $ admimstra-
. . tion to two
leaving the said D.B., her surviving. AND WHEREAS the estates.
said D.B. hath since also died, to wit, in or about the
month of 18 , a widower, and intestate. Now
KNOW ALL MEN BY THESE PRESENTS that I, the undersigned
A.B., the natural and lawful and only surviving child of
comb, 2 Esp. Ca. 564; Smart v. Sanders, 5 C. B. 916); but,
whether for a valuable consideration or not, it is revocable at law
by the grantor's death : ( Watson v. King, 4 Camp. 272.) See, now
for exceptions, 22 & 23 Yict. c. 35, s. 26. In equity, however, even
prior to this enactment, it appears that acts done bond fide and
without notice of the grantor's death were considered valid :
(Bailey v. Collett, 18 Beav. 179.)
(a) For the formalities which should attend the execution of
powers of attorneys, see note to Precedent 216, post.
P
210 PRECEDENTS IN CONVEYANCING.
the said D.B., at present residing in , do hereby
nominate, constitute, and appoint, and in my place and
stead put and depute W.X. and Y.Z., both of &c., to be
my true and lawful attorneys and acting jointly and
severally for me and in my name to appear before the
Right Honourable Sir James Hannen, Knight, the Presi-
dent of the Probate Division of the High Court of Justice
in England, or any principal or district registrar of the
said court or other competent judge in this behalf, and
to pray for and procure letters of administration of all
and singular the personal estate and effects of the said
D.B., my late father, deceased, to be granted or com-
mitted to them, or either of them, for my use and
benefit. AND upon obtaining such letters of adminis-
tration, or at any time afterwards, for me and in my
name, to pray for and procure letters of administration
of all and singular the personal estate and effects of the
said C.B., deceased, also for my use and benefit, and
generally to do, perform, and execute all matters and
things in and about the premises as fully and effectually
to all intents whatsoever, as I, the said A.B., might or
could do if personally present. AND also to substitute
and appoint any person or persons to act under or in
the place of the said W.X. and Y.Z., in all or any of
the matters aforesaid, and every such substitution at
pleasure to revoke; I, the said A.B., hereby agreeing
to ratify and confirm whatsoever the said W.X. and
Y.Z., or either of them, their, or either of their, sub-
stitute or substitutes shall lawfully do or cause to be
done in or about the premises by virtue hereof. IN
WITNESS, &C.
POWERS OF ATTORNEY. 211
142. Power of Attorney to dissolve a Partnership, precedent
142
KNOW ALL MEN BY THESE PRESENTS that I, A.B., of &C., "
being- about to leave England, and to be absent there- p wer of ,
. e attorney to
from for some time, for divers good causes and con- dissolve a
siderations me hereunto moving, do, by these presents, P artnershi P-
make, constitute, and appoint Y.Z., of &c., my true and
lawful attorney for me, and in my name, and on my
behalf to consent and agree to a dissolution of the part-
nership at present subsisting between myself and C.D.,
of &c., as at , under the firm of
" A. B. and Co.," and for me, and in my name and on
my behalf, to become party to, and to sign, seal, deliver,
and execute all such agreement or agreements, deed or
deeds of dissolution, instrument or instruments in
writing, as shall be considered necessary or deemed ex-
pedient by the said Y.Z., for dissolving the said part-
nership, and for me, and in my name, and on my behalf,
and at such time or times as my said attorney shall
think proper, to sign all and every notice or notices
which may be necessary for publishing and making
generally known the dissolution of the said partnership,
and to cause or concur with my said other partner in
causing such notice or notices to be inserted in the
London Gazette, and such other gazettes or newspapers
as the said attorney shall think fit, whether published
in this country or abroad. AND if the said attorney
shall think fit for me and in my name to sign and
give all fit and proper notices of such dissolution as
aforesaid to all and every person and persons with
whom the said firm has done, or has been in the habit
of doing, any business, or to any other person or persons
whomsoever. AND I DO HEEEBY AGREE to ratify and
confirm all and whatsoever my said attorney shall law-
fully do or cause to be done in the premises by virtue of
these presents. IN WITNESS, &c.
p 2
212 PRECEDENTS IN CONVEYANCING.
precedent 14-3. Power of Attorney from Partners to manage
143> their Business Abroad.
Power of KNOW ALL MEN BY THESE PRESENTS that W6, A.B. and
partners to C.D., both of &c., carrying on business there in co-part -
nership as under the style or firm of "A. B.
abroad. an( j Co.," for divers good causes and considerations us
hereunto moving, do by these presents make, constitute,
and appoint Y.Z., of &c., oar true and lawful attorney
and agent for us, and in our names, or in the name of our
said firm, and as our act or that of our said firm, to carry
on, conduct, and manage all and every our business and
concerns according to the usual and regular course thereof
as heretofore carried on at, &c., and for that purpose for
us, and in our names, or in the name of our said firm or
otherwise as occasion shall require, to draw, subscribe,
and endorse any bill or bills of exchange or promissory
note or notes in satisfaction of or on account of any debt
or claim due or payable from or to us or to our said firm.
AND also for us and in our names, or on our behalf, or in
the name and on the behalf of our said firm, to charter or
hire any vessel or vessels in or from, &c., to any port or
ports in Great Britain or Ireland, or to parts or places
beyond the seas or otherwise as occasion shall require,
and for that purpose to enter into, make, sign, and
execute all necessary agreements and charter parties with
the owner or owners of such vessels, and upon such terms
and conditions as our said attorney shall think advisable.
AND also to examine, adjust, and settle all accounts and
reckonings which shall be subsisting unsettled between
us or our said firm, and any person or persons whomso-
ever in aforesaid, and to pay or receive (as the
case may be) the balance, if any, which shall appear to
be due on the settlement of such accounts and reckonings.
AND also for us and in our names, or in the name of our
said firm, or otherwise as occasion shall require, to ask,
POWERS OF ATTORNEY. 213
demand, and receive of and from all and every persons or
person in aforesaid, all and every sum and sums
of money, goods, securities and effects due to us or to our
said firm in their or his custody or possession, or for
which such person or persons is, are, or shall be liable or
accountable to us or to our said firm in anywise, and
upon receipt thereof to give and execute effectual releases
and discharges for the same ; and also to institute such
actions, suits, or proceedings in any court or courts of
law or equity as shall be deemed necessary or advisable
for enforcing the payment or recovery thereof, and to
appear to and defend any actions, suits, or other pro-
ceedings commenced or to be commenced against us
or our said firm, and either to proceed to judgment
and execution, or to become non-suit, or to suffer judg-
ment to go by default in any such actions, suits, or
other proceedings as aforesaid, or to compromise the
same, as shall be most expedient ; and to submit to arbi-
tration any disputes or questions which may arise between
us or our said firm and any other person or persons, and
for that purpose to execute any bonds or agreements of
submission, and to perform the award to be made in pur-
suance thereof, and to take security for any debt or debts
due to us or to our said firm, or to receive payment or
satisfaction for the same in real or personal property, and
for that purpose to execute all necessary conveyances
and assurances thereof, and afterwards, if deemed expe-
dient, to sell and convert into money such property, and
to sign, seal, and deliver all necessary conveyances,
assignments, and assurances to the purchasers of the
same or any part thereof; and to give and execute valid
receipts for the purchase money, and also to compound
for any debt or debts due to us or to our said firm, if
deemed expedient. AND for all or any of the purposes afore-
said one or more attorney or attorneys, substitute or sub-
stitutes, with the whole or less power to appoint, and from
214 PRECEDENTS IN CONVEYANCING.
time to time, at pleasure, to revoke every or any such.
appointment, and other or others to appoint, and
generally to act, in the entire management and conduct
of all matters relating to or connected with our business
or the business of our said firm, and to use and pursue
all such ways and means, and make, do, and execute
all such acts, deeds, matters, and things, as may be
requisite or expedient for that purpose, in as full and
absolute a manner as we ourselves could do, perform,
and execute the same in our own proper persons. WE,
the said A.B. and C.D., hereby ratifying, allowing, and
confirming, and promising, and undertaking to ratify,
allow, and confirm all and whatsoever our said attorney
or any such substitute or substitutes shall lawfully do or
cause to be done in the premises by virtue of these
presents. WE, the said A.B. and C.D., hereby authorising
our said attorney to appear before all and every or any
the court or courts, magistrate or magistrates, officer or
officers, constituted and appointed for the registration of
deeds and documents in aforesaid, and to cause
these presents and all other instruments and writings
connected with the execution and fulfilment hereof to be
duly registered and recorded according to law. IN
WITNESS, &C.
Precedent 144. Power of Attorney from a Mortgagee of
144 - Hereditaments Abroad to enter and sell.
Power of KNOW ALL MEN BY THESE PRESENTS that I, A.B., of &C.,
a^rtgageeof nere kj constitute and appoint C.D., of &c., my true and
hereditaments lawful attorney and agent for me, and in my name, and
enter and sell, on my behalf, or otherwise, for my use, as and when he
shall think proper, to enter upon and take possession of
ALL and singular the house with the garden and appur-
tenances thereto in . AND also to enter upon
and take possession of ALL and singular, or any part or
POWERS OF ATTORNEY. 215
parts, of the lands, hereditaments, and premises com-
prised in and assured to me by way of mortgage by a
certain indenture, dated, &c., and made between Y.Z. of
&c. [mortgagor], of the one part, and myself of the other
part, and for that purpose or any other purpose connected
with the execution and fulfilment thereof, to commence
and prosecute or defend such actions, suits, or other pro-
ceedings as my said attorney shall deem expedient. AND
for me and in my name to exercise, perform, and execute
all powers of sale and other powers or authorities over or
in relation to the said house, lands, and premises, and to
execute all deeds and documents necessary for the pur-
poses aforesaid as fully and effectually as I myself could
or might lawfully exercise or execute the same if per-
sonally present. AND also for me and in my name or
otherwise for my use, to ask, demand, and receive of and
from all and every person and persons in or
elsewhere in , liable or accountable in that
behalf, all and every sum and sums of money, goods,
securities, and effects due to me, and in his or their
custody or possession, or for which such person or per-
sons is, are, or shall be liable or accountable to me in
anywise, and upon the receipt thereof to give and execute
effectual releases and discharges for the same. AND I
empower my said attorney on payment to him by the
said Y.Z., his heirs, executors, administrators, or assigns,
of the moneys secured to me by the aforesaid mortgage
to reconvey or re-assign the land and premises comprised
in the said security to the person or persons entitled
thereto. AND in default of payment to sell the same
lands and premises and every or any part thereof, and
convey and assure the same or such part or parts as shall
be sold to the purchaser or purchasers thereof, and to give
effectual receipts, releases, and discharges for the pur-
chase moneys. AND for all or any of the purposes afore-
said one or more, &c. [Power to appoint substitutes, and
216 PRECEDENTS IN CONVEYANCING.
to revoke appointments, and authority to register documents
in local courts as in Precedent 143, ante, p. 132, et seq.]
IN WITNESS, &c.
Precedent 145. Power of Attorney from Trustees under a
Deed of Assignment to collect Portions of
the Trust Estate.
Power of To ALL TO WHOM THESE PRESENTS shall come, A.B. and
trustees under C.D., of &c. [trustees'], send greeting. WHEREAS, &c.
assignment to L rec ^ e deed of assignment generally and particularly the
C rti Ct fth c ^ ause therein giving power to trustees to delegate]. Now
trust estate. THESE PRESENTS WITNESS that for better recovering and
receiving the goods and moneys hereinafter referred to,
and in pursuance of the above-mentioned power conferred
upon and vested in the said trustees, and by virtue of all
other powers us enabling in that behalf, WE, the said
A.B. and C.D., do jointly and each of us, doth separately,
by these presents hereby constitute and appoint Y.Z. a
partner in the firm of Y.Z. and Co., of &c., the attorney
of them the said debtors and each of them ; and of us
the said A.B. and C.D. and of each of us for them the
said debtors and each of them, and in their or his names
or name, and for us the said trustees, and each of us to
claim, demand, sue for, recover, receive, and take posses-
sion of all goods, chattels, and effects, accounts, books,
moneys, negotiable or other instruments or securities,
being parts of the said joint and separate estates of the
said debtors or either of them respectively which are
now due, owing, belonging, or appertaining to the said
debtors, or to either of them, or to us as aforesaid, or to
the said joint and separate estates respectively from
M.N., of &c. [debtor], and from the persons comprising
the partnership firm of " O.P. and Co." of &c. [other
debtors], and from any other firm or firms, person or
persons in , liable or accountable in that behalf,
POWERS OF ATTORNEY. 217
or which are in the possession of the said M.N. and
" O.P. and Co./' or of any person or persons in ,
and to give receipts and acquittances for the same, and
to endorse and transfer all instruments relating to or
respecting the ownership of any part of the said pro-
perty, and to appoint substitutes for all or any of the
purposes aforesaid, and to do all or any of the said acts.
WE, the said A.B. and C.D., and each of us respectively,
hereby undertaking to ratify and confirm all acts and
things to be done under the authority herein contained.
IN WITNESS, &c.(a)
146. Power of Attorney from Owner as to the precedent
Sale and Management of a Merchant Vessel. 146 -
KNOW ALL MEN BY THESE PEESENTS that I, A.B., of Power of
&c., do hereby nominate, constitute, and appoint C.D., owneTasto m
of &c., to be my true and lawful attorney for me, and management
in my name, or in his own name or otherwise, to remove of a merchant
vessel,
the present master Y.Z., of the ship [or barque] or
vessel called the " ," or any seaman or officer on
board the said vessel ; and from time to time to appoint
any other master, seamen, or officers, to the same
vessel upon such terms as to my said attorney shall
seem fit. AND also to demand and receive of and from
the present or any future master of the said vessel, or
from the officers thereof, or any other person or persons
whom it may concern, the certificate of registry, log-
(a) It should clearly appear in this and like cases, that the
persons seeking to give such a power are competent to do so, and
expressly authorised to delegate wholly or partially their trust by
the instrument under which they are acting, otherwise such a sub-
stitution would bo in contravention of the maxim, delegatus non
potest delegare, and void. Where, however, authority is given by
A. to B. to execute a power himself, or give it to another ; by so
giving it he does not delegate it. (And see Doe dem. Duke of
Devonshire v. Lord G. Cavendish, 4 T. B. 774, n.)
218 PRECEDENTS IN CONVEYANCING.
books, and other papers and documents of and relating
to the said vessel ; and all papers, documents, goods,
chattels, and effects which now are or hereafter may
become due, owing, payable, or deliverable by or from
the master, officers or crew of the said vessel or any of
them. AND upon receiving the same to give proper
receipts therefor. AND to receive from any person or
persons liable to pay the same, all freight and earnings
of the said vessel, and to give proper discharges for the
same, and for obtaining possession of the said vessel, or,
on non-payment or non-delivery of any of the premises,
to commence and prosecute all such suits, actions, or
legal proceedings as he or they may think expedient.
AND also to appear to and defend any suits or actions
against the said vessel or her owner, and also to receive
from any person or persons to whom the same vessel
may be sold, the purchase moneys for the same, and to
give proper receipts for such moneys, and generally to
do all such other acts, deeds, matters and things in and
about the premises as amply as I could do if personally
present, I hereby binding myself to ratify and confirm
whatsoever shall be lawfully done by virtue hereof. IN
WITNESS, &c.
Precedent 147. Power of Attorney from cestui que trust to
147- act in respect of his Share under Will.
Power of TO ALL TO WHOM THESE PRESENTS shall Come, I, A.B.,
. rom of &c., send greeting. WHEREAS I am entitled, under
n the wil1 of Y ' Z -' late of &c -> to a certain share and
share under interest of and in the estate and effects of the
will.
said Y.Z., who died on or about, &c. AND WHEREAS,
being about to leave England and to reside abroad
for some time, I am desirous of appointing C.D. and
E.F., of &c., my attorneys, to act for me during my
absence in respect of the said share and interest in
POWERS OF ATTORNEY. 219
manner hereinafter appearing. Now KNOW YE, that for
divers good causes and considerations me hereunto
moving, and for effectuating the said desire and pur-
pose aforesaid, I do hereby nominate, constitute, and
appoint the said C.D. and E.F., and each of them, my
true and lawful attorneys and attorney from time to
time, and at all times hereafter until the authority
herein given shall be expressly revoked by writing under
my hand endorsed on these presents for me, and in my
name, place, and stead, to ask, demand, receive, and
take possession of all moneys or property whatsoever,
which now are, or at any time or times hereafter shall
or may be, due, owing, payable, belonging, or coming to
me from the trustees and executors, or other the repre-
sentatives or representative for the time being of the
said Y.Z. deceased, or from any other person or persons
whomsoever, for or on account, or in respect of, my
share and interest of and in the estate and effects of
the said Y.Z. deceased, and whether testamentary, dis-
tributive, specific, residuary, or otherwise. AND on
receiving or obtaining payment, possession, or delivery
thereof, or of any part thereof, to give effectual receipts,
acquittances, releases, and discharges for the same. AND
also to commence, institute, and prosecute any actions,
or other proceedings, either at law or in equity, against
the said trustees and executors, representatives or repre-
sentative, or any other person or persons, on account
or in respect of the premises. AND to defend any actions,
or other proceedings which may be commenced against
me in respect of the premises, or to compromise the
same, and to call for, and demand the production of all
proper accounts, statements, and inventories of the estate
and effects of the said Y.Z., deceased, from the said
trustees and executors, or other person or persons, afore-
said, and, if necessary, to institute proceedings for compel-
ling the production or delivery thereof. AND to state,
220 PRECEDENTS IN CONVEYANCING.
settle, adjust, and agree to all accounts and reckonings
which are now, or which shall at any time or times here-
after be subsisting or unsettled between ine and the said
trustees and executors, or other person or persons afore-
said. AND also for me, and in my name, place, and
stead, and as my act and deed, to sign, seal, make, and
execute any ordinary or special release in the law to the
said trustees and executors, representatives, or represen-
tative, or other person or persons aforesaid, for or in
respect of the trust and executorship accounts relating
to the estate of the said Y.Z. deceased, or for or in
respect of the acts of the said trustees and executors, or
other person or persons aforesaid in relation thereto, and
generally to act in the premises as fully and effectually
to all intents and purposes as I the said A.B. could do if
personally present and did the same, I hereby giving and
granting to my said attorneys and to each of them my
full and absolute power and authority in the premises,
hereby ratifying, allowing, and confirming, and under-
taking to ratify, allow, and confirm all and what-
soever my said attorneys or either of them shall law-
fully do or cause to be done in or about the premises
by virtue of these presents. AND I hereby declare
that the power and authority hereby given shall be
and continue valid and effectual for all the purposes
aforesaid wheresoever I shall happen to be, and not-
withstanding that I may from time to time hereafter
return to and depart from England before the said pur-
poses and objects have been completely fulfilled. IN
WITNESS, &c.
Precedent 148. Power of Attorney from Partners to recover
148 - a Debt due from a foreign Firm.
Power of KNOW ALL MEN BY THESE PRESENTS that W6, A.B. and
partners to m C.D., of &c., trading under the style or firm of A.B. and
duefrom a 6bt ^'> ^> ^ or Divers good causes and considerations us
foreign firm.
POWERS OF ATTORNEY. 221
hereunto moving, hereby, make, constitute, and appoint
Y.Z., of the firm of Y.Z. and Co., of &c., our true and
lawful attorney for us and in our names, or in the name
of our said attorney as occasion may require, but for our
use and benefit, to ask, demand, sue for, arrest, attach,
recover, and receive of and from Messrs. M.N. & Co., of
&c., and the person or persons respectively constituting
or composing the said firm, all and every debt and debts,
sum and sums of money due and owing to us from or by
the said Messrs. M.N. and Co., or the person or persons
constituting or composing the said firm on any account
whatsoever. AND also all and every goods, merchandise,
chattels, estate, effects, and property whatsoever belong-
ing to us in the hands, custody, or possession of the said
firm of M.N. and Co., or any of the persons constituting
or composing the said firm, or any of the principals,
agents, clerks, or servants. AND upon receipt or posses-
sion of the said debts, money, goods, and effects, or of
any dividend, composition, or satisfaction for the same,
or any part thereof, for us and in our names, or in the
name of our said attorney, to give, sign, and execute
good and sufficient receipts, releases, acquittances, and
discharges for the same. AND on refusal to pay or
deliver, or on non-payment or non-delivery of what shall
appear to be justly due, payable, or belonging to us from
or by the said Messrs. M.N. and Co., or the person or
persons constituting or composing the said firm, or any
of such person or persons respectively, for us, and in our
names, or in the name of our said attorney, to take, use,
institute, and prosecute with effect all proper, needful,
and necessary, legal, or equitable ways and means for
recovering and compelling payment and delivery thereof,
and also to resist and defend any actions, suits, or pro-
ceedings that may be commenced, instituted, or prose-
cuted against us, or against our said attorney, or any of
our said property, moneys, estates, or effects. AND also
222 PRECEDENTS IN CONVEYANCING.
to compound, submit to arbitration, or otherwise agree
to all or any such accounts, reckonings, and transactions.
AND for effecting all or any of such objects, to enter into
and make and execute any deeds of composition, bonds
of arbitration, or other instruments for referring such
accounts, reckonings, and transactions, to the decision of
any person or persons to be chosen for the purpose.
AND for all or any of the purposes aforesaid, an attorney
or attorneys under the said Y.Z., from time to time to
appoint, and again at pleasure to revoke such appoint-
ment, and to substitute others, as to our said attorney
shall seem meet. AND generally to do, transact, and
manage for us in the premises as fully and effectually to
all intents and purposes whatsoever, as we ourselves or
either of us might do if personally present. WE, the
said A.B. and C.D., hereby undertaking to ratify and
confirm all lawful acts and matters to be done under the
authority herein contained, (a) IN WITNESS, &c.
(a) Powers of attorney, such as the preceding, are liable to a
stamp duty of 10s., but if for use abroad the stamp (if any) will be
regulated by the revenue laws of the country wherein the power is
to be exercised, on the general principle that no country takes
cognisance of the revenue laws of a foreign state. And see James
v. Catherwood (3 D. & B. 190). In practice we believe powers are
frequently sent out purposely unstamped. See, however, Bristol*}
v. Secqueville (19 L. J. Ex. 289), as to possible risk resulting from
such a course.
RECEIPTS. 223
Receipt for
consideration
money.
149. Receipt for Consideration Money (endorsed Precedent
on deed or engrossed at the foot thereof if
made-up hookwise.) (a)
KECEIVED the [day and year first within [or
above] written of and from the within [or
above] named C.D., [^purchaser or mortgagee]
the] sum of pounds being the con-
sideration money within [or before] ex-
pressed to be paid [by him] to me [or (if so)
to the Company Limited]. If a Bill
of Sale add : And I further acknowledge that I fully
understand the contents and effect of this security.
WITNESS,
Y.Z.
A.B. [vendor or mortgagor.]
150. Receipt for the Purchase Money of Stock-in- precedent
trade and Effects. 1 5?-
KECEIVED the day of , 18 , from Mr. Receipt for
A.B. [purchaser} the sum of the full purchase m oney r of &S
money as agreed for the several articles of household st^k-p-t
furniture, stock-in-trade, and other effects particularly
specified in the inventory at foot, this day delivered by
me to the said A.B., all which premises are my own pro-
perty and are unincumbered. AND I UNDERTAKE to
(a) Those words within heavy brackets may be omitted when
conciseness is desired.
224
PRECEDENTS IN CONVEYANCING.
execute any further assurance of the premises the said
A.B. may require at his expense and request. (a)
C.D. [vendor].
THE INVENTORY referred to.
Precedent
151.
Receipt for a
composition
on a debt and
undertaking
to execute
release.
151. Receipt for a Composition on a Debt and
Undertaking to execute Release.
RECEIVED the day of , 18 , from Mr.
A.B. [debtor], by payment of Mr. Y.Z., his solicitor, the
sum of , being a composition of in
the pound on the amount of my debt of
against the said A.B., and in full discharge of the
same. (6) AND I UNDERTAKE, upon request, to execute to
the said A.B., at his expense, a complete release and dis-
charge for my said debt.
C.D. [creditor] .
precedent 152. Receipt for a Composition paid by a Trustee
152 ' and Undertaking by Creditors to execute
Release.
Receipt for a
composition
paid by a
trustee and
undertaking
to execute
release.
WE, THE UNDERSIGNED, creditors of A.B., of &c. [debtor] ,
do hereby severally acknowledge to have received from
Mr. Y.Z., of &c., the trustee acting under a deed of
composition, dated, &c v the several sums of money placed
opposite our respective names in the second column here-
under written, being a composition of in the
pound upon the amount of our respective debts against
(a) A mere acknowledgment of payment, however formal, if not
under seal, is not conclusive ; and this, even if the parties agree
between themselves that it shall be so : ( Foster v. Dawber, 20 L. J.
Ex. 385). So that where an estoppel is desired a deed should be
used.
(b) See Norman v. Thompson (4 Exch. 755) ; TatlocJc v. Smith
(6 Bing. 339).
RECEIPTS.
225
the estate of the said A.B. mentioned opposite our names
in the first column hereunder written. AND WE SEVER-
ALLY UNDERTAKE and agree to save harmless the said Y.Z.
from all claims and demands for distributing the estate
and paying us the said sums respectively not exceeding
the sums so paid by him to us respectively, and we
hereby discharge the said Y.Z. from all claims in respect
of his trust under the said deed of composition.
Creditors' signatures.
First column.
Second column.
Amount of debt.
Amount of
composition.
s.
d.
s.
d.
153. Receipt for a Dividend paid by Trustees Precedent
under a Deed of Assignment to Creditors.
WE, THE UNDERSIGNED, Creditors of A.B., of &C. [debtor], Keceipt for a
do hereby severally acknowledge to have received from b/trustee^ 1
Messrs. W.X. and Y.Z., the trustees acting, under a u , nder . adeed
or assignment
duly registered deed of assignment, dated, &c. for the to creditors,
benefit of creditors of the said A.B., the several sums
mentioned in the second column hereunder written, being
a first and final dividend [or, as the case may be~\ of
in the pound on the amount of our respective
debts against the estate of the said A.B. mentioned and
set opposite our respective names in the first column
hereunder written. AND we hereby discharge the said
W.X. and Y.Z. from all claims, accounts, and demands
in respect of their trust under the same deed.
Q
226
PRECEDENTS IN CONVEYANCING.
Creditors' signatures.
First column.
Second column.
Amount of debt.
Amount of
dividend.
8.
d.
8.
d.
Precedent
154.
deeds.
154. Receipt by a Mortgagee for Deeds.
I HEREBY ACKNOWLEDGE that I have received from Mr.
for ^'^') ^ & c - [mortgagor], the several deeds and writings
mentioned at the foot hereof, and I undertake to keep
the same whole and uncancelled (unless prevented by
fire or other inevitable accident), and to return the same
to him, his heirs [or executors, administrators], or
assigns, on payment of the principal money and interest
owing to me, should no sale or transfer of the property
take place in the meantime, (a)
DATED the day of , 18 .
C.D. [mortgagee].
[Here insert particulars of deeds.]
Precedent
155.
155. Receipt by a Legatee for his Share of
Residuary Estate.
the day of , 18 , from the
Eeceiptbya RECEIVED
store^f resi- 8 executors of A.B., late of &c. [testator], deceased, the
duary estate. ghare Q f the res idue
of his estate, to which I am entitled as one of the
of the said A.B., and I hereby discharge the
said executors from all claims and demands so far as I
(a) See also Precedent 1, ante, p. 1.
RECITALS. 227
am personally concerned in respect of their trust and
executorship, and I undertake upon request to execute
to them a full and complete release and discharge. (a)
C.D. [legatee^.
156. Receipt for Moneys secured on Mortgage and Precedent
Undertaking to transfer.
RECEIVED from Messrs. A.B. and C.D., of &c. [intended Eeceipt for
transferees'] , by payment of Mr. Y.Z., their solicitor,
, being the full principal money (all interest
having been paid) due by E.F., on mortgage, dated, &c., to transfer,
of property in Street, to our client,
Mr. G.H. [mortgagee], which sum we are duly autho-
rised to receive on his behalf, and we deliver up the
deeds to the above-named Mr. Y.Z., and undertake that
the said G.H. shall, at the request and expense of the
said mortgagor, transfer the said debt and premises to
the said A.B. and C.D.
DATED the day of 18 .
M. and N. [mortgagee's solicitors] .
157. Recital of a Lease. precedent
WHEKEAS by an indenture of lease dated on or about, '
&c., and made between A.B. of the one part, and the Eecital of a
(a) It is to be noted that although a release is customary the
executor cannot require more than the simple receipt.
(&) As to the object, shape, and advantage of recitals gene-
rally, see Barry's Conveyancing, pp. 185-7, where the subject is
ably discussed ; also 1 Davidson's Conv. pp. 41, et seq., 49, 50 ;
pp. 557, 558.
Q 2
228 PRECEDENTS IN CONVEYANCING.
said C.D. of the other part, the said A.B. did demise
and lease unto the said C.D., his executors, adminis-
trators and assigns, All that, &c. [parcels']. To hold
the same, with the appurtenances, unto the said C.D.,
his executors, administrators, and assigns, from the
day of 18 , for the term of
years thence next ensuing, subject to the payment of
the yearly rent of , by the instalments therein
mentioned, and to the observance and performance of
the covenants and conditions therein contained, and on
the part of the lessee, his executors, administrators, and
assigns to be observed and performed.
Precedent 158. Recital of a Mortgage of a Lease.
158.
WHEREAS by an indenture dated, &c., and made
of a Between A.B. of the one part and C.D. of the other
lease. part, in consideration of paid to the said A.B.
by the said C.D., the piece of land described in and
demised by the hereinbefore-recited indenture of lease,
together with the buildings erected thereon, was as-
signed unto the said C.D., his executors, administrators,
and assigns for the residue of the said term of
years, subject to redemption on payment by the said
A.B., his executors, administrators, or assigns, to the
said C.D., his executors, administrators, or assigns, of
the said sum of , with interest for the same
after the rate at the time and in manner therein men-
tioned.
Precedent 159. Recital of a Second Mortgage of a Lease.
159.
WHEREAS by an indenture dated, &c., and made between
Recrtalofa A -g Q f the Qne par ^ an( J C D Q f the otber part> the
mortgage of a sa {^ piece or parcel of land, buildings, and premises
were assigned unto the said C.D., his executors, ad-
RECITALS. 229
ministrators, and assigns. To hold the same unto the
said C.D., his executors, administrators, and assigns,
for the then residue of the said term of years,
subject to the said hereinbefore-recited indenture of,
&c. [first mortgage], and to the payment of the said
principal sum of and interest thereby secured,
and subject also to redemption on payment by the said
A.B., his executors, administrators, or assigns, to the said
C.D., his executors, administrators, or assigns, of the said
sum of and interest after the rate at the time
and in manner therein mentioned.
160. Recital of a Transfer of a Second Mortgage Precedent
of a Lease. -
WHEREAS by an indenture, dated, &c., and made between Eecital of a
A.B. of the first part, C.D. of the second part, and second mort-
E.F. of the third part, the said A.B., with the con- gageof alease -
currence of the said C.D., did assign unto the said E.F.,
his executors, administrators, and assigns, the said prin-
cipal sum of owing to the said A.B. on the
security of the said indenture of, &c., and the interest
then due for the same, and the benefit of all securities
in respect thereof. To hold the same under the said E.F.,
his executors, administrators, and assigns, for his and
their own benefit. And by the said indenture now in
recital, it was further witnessed that the said A.B., at
the request of the said C.D., did assign, and the said
C.D. did assign and confirm unto the said E.F., his
executors, administrators, and assigns, All the said piece
of land, buildings, and premises comprised in the said
hereinbefore-recited indenture of, &c. To hold the same
unto the said E.F., his executors, administrators, and
.assigns for the residue of the said term of years,
created by the said hereinbefore-recited indenture of
230 PRECEDENTS IN CONVEYANCING.
lease, but subject to the said indenture of, &c. [first
mortgage], and to the payment of the principal moneys
and interest intended to be thereby secured upon trust,
to sell and receive the purchase moneys, and apply the
same (after satisfying the costs and expenses of the now
reciting indenture and the costs of sale) in payment of
the sum therein mentioned and interest thereon, and
also such other moneys (if any) as might be advanced
by the said E.F. to or on account of or might become
due to him from or by the said C.D., his executors or
administrators, with interest, and to pay any surplus
of the said moneys unto the said C.D., his executors,
administrators, or assigns.
precedent 161. Recital of no Sale having taken Place under
161 ' a Mortgage.
Eecital of no WHEREAS no sale has taken place under or by virtue of
the trust for sale contained in the lastly recited inden-
under a mort-
gage.
Precedent 162. Recital of no Reconveyance having been
^??" Executed.
Eecital of no WHEREAS all the principal moneys and interest intended
haTin^been 6 t ^ e secured by the hereinbefore-recited indenture have
executed. been duly paid to the said A.B., but no re-conveyance
of the said premises comprised in the same indenture
has yet been executed.
precedent 163. Recital of a Contract and Sub-contract for
' Sale.
Eecital of a WHEREAS the said A.B. has agreed with the said C.D.
sub-contract ^ or the sa l e * him of the said piece of land, buildings,
for sale. an( j p rem i ses f or the residue now unexpired of the said
RECITALS. 231
term of years, with the appurtenances free from
incumbrances at the price of , and the said
C.D., without having taken any assignment to himself,
has agreed, with the concurrence of the said A.B., to
assign all his right and interest in the premises unto the
said E.F.
164. Recital of Amounts due on Mortgages and Precedent
Agreement to pay off same out of Purchase
Money.
WHEEEAS the said respective sums of , and Recital of
n -i -iii 'TAT* i amounts due
are now due and owing to the said A.B. and on mortgages
C.D. respectively, but all interest for the same has been top^offSSS
paid up to the date of these presents, and it has been , nt of P ur -
chase money.
agreed that such sums respectively shall be paid off out
of the said purchase-money or sum of , and
that the said.A.B. and C.D. shall join in these presents
in manner hereinafter appearing.
165. Recital of a Contract with a Party Precedent
deceased. 165 -
WHEREAS the said A.B. some time since agreed with Recital of a
C.D., now deceased, for the absolute sale to him of the aparty tw
said hereditaments subject as hereinafter mentioned for de eased -
the sum of , which sum was paid by the said
C.D. in his lifetime to the said A.B. as he doth hereby
admit, but no conveyance of the said hereditaments was
made to the said C.D.
166. Recital of a Will and Devise of Residue, precedent
1 fifi
WHEREAS the said A.B. [being at the time of making his
will hereinafter recited, and thenceforward to the time Rental of a
will and devise
of his death, seised of or well entitled to the of residue
232 PRECEDENTS IN CONVEYANCING.
hold and hold hereditaments hereinafter de-
scribed (a)] duly made and executed his last will [in
manner then by law required for passing freehold estates
by devise (a)], dated, &c., whereby, after making certain
specific devises and bequests as therein contained, he
gave, devised, and bequeathed All the rest, residue, and
remainder of his estate and effects whatsoever and
wheresoever, real and personal, unto the said C.D.,
his heirs, executors, administrators, and assigns upon
certain trusts thereinafter mentioned concerning the
same, and appointed the said C.D. executor of the said
will.
precedent 167. Recital of Codicils not affecting a General
- Devise.
Eecital of WHEREAS the said testator made two codicils to his said
affecting a will, dated respectively, &c., but neither of such codicils
general devise a g ec ^ e( j the g enera l devise of the residuary real and
personal estate made by the said will.
Precedent 168. Recital of a Death and Probate of a Will
168t and Codicils.
Eecital of a WHEREAS the said testator died on the day of
Jrobate n o d fa 18 > without having altered or revoked his
wi ^. a ? <i said will, except so far as the same was altered or
codicils. r
revoked by the said codicils thereto, and without having
altered or revoked the said codicils, or either of them,
and the said will and codicils were duly proved in the
Registry of the Probate Division of the High
Court of Justice on the day of 18 , by
the said C.D.
(a) Unnecessary in the recital of a will of realty made on or since
January 1, 1838.
RECITALS. 233
169. Recital of a Death and Probate of a Will Precedent
and Codicil, the latter whereof did not affect 169 '
the Will as recited.
AND WHEEEAS the said testator died in the month of Recital of a
,18 , without having revoked or altered his probate of a
said will, so far as the same is hereinbefore recited, and C0( ji^n ; the
the said will, with a codicil thereto, was proved by the
said C.D. on the day of , 18 , in the the will as
Registry of the Probate Division of the High Court of
Justice.
170. Recital of a- Request to Convey. Precedent
AND WHEEEAS the said A.B. has requested the said C.D.
to convey and assure to him the fee simple and inheri-
tance of the hereditaments so contracted to be sold to convey.
the said B.F., deceased, which the said C.D. has agreed
to do subject as hereinafter mentioned.
171. Recital of a Judgment obtained against a precedent
Mortgagor. 171-
WHEEEAS the said A.B. is indebted to the said C.D. in Becitalof a
the sum of , for which sum the said A.B. taineTagainst
has obtained a judgment against the said C.D. in the
Queen's Bench Division of the High Court of Justice,
and the said C.D. has applied to the said A.B. to forbear
issuing an execution thereon which he has agreed to do
upon having the payment of the said debt with interest
secured in manner hereinafter appearing.
172. Recital of an Action having been commenced Precedent
against a Mortgagor. 172-
WHEEEAS the said A.B. is indebted to the said C.D. in Eecitalof
the sum of , and the said C.D. having applied
234
PRECEDENTS IN CONVEYANCING.
commenced
against a
mortgagor.
to him for payment of the same sum, but without effect,
the said C.D., on the day of ,18 , com-
menced an action against the said A.B. in the Queen's
Bench Division of the High Court of Justice, which
action the said C.D. has consented to stay, on the said
A.B. giving security for the payment of the said sum of
and interest for the same in manner herein-
after appearing.
Precedent
173.
Recital of
liability on
promissory
notes.
Precedent
174.
Recital of a
policy of life
assnrance.
173. Recital of Liability on Promissory Notes.
WHEREAS the said A.B. has become liable to Y.Z., on a
promissory note for and interest payable on
demand, at the request of and as surety for and jointly
with the said C.D., and is also liable on another pro-
missory note to the said Y.Z. for the sum of
and interest payable and made in like manner, and the
said A.B. having required security for the payment of
any moneys which he may at any time be required or
called upon to pay to the said Y.Z., or to any other per-
son or persons for or on account of the said C.D., in
respect of the said promissory notes respectively or other-
wise, the said C.D. has agreed to give such security in
manner hereinafter appearing.
174 Recital of a Policy of Life Assurance.
WHEEEAS by a policy of assurance, dated, &c., the
Assurance Company assured to the said A.B.
the sum of , to be paid to his executors, ad-
ministrators, or assigns, within calen'dar months
next after satisfactory proof of the death of the said
A.B., at or under the annual premium of
RECITALS. 235
175. Recital of a Mortgage of a Policy of Precedent
Life Assurance. 175 '
WHEEEAS by an indenture, dated, &c., and made be- Recital of a
tween the said A.B., on the one part, and C.D., of the licy oHife &
other part, in consideration of the sum of then assurance -
due by the said A.B. to the said C.D., the said A.B. did
assign and transfer unto the said C.D., his executors,
administrators, and assigns, the said policy and all sums
of money which should or might at any time become
payable under or by virtue thereof, subject to redemption
on payment by the said A.B., his executors, administra-
tors, or assigns, to the said C.D., his executors, adminis-
trators, or assigns, of the said sum of with
interest after the rate of per cent, per annum,
without deduction.
176. Recital of a Contract for Purchase of a Precedent
1 TR
Policy of Life Assurance.
WHEEEAS the said A.B. hath contracted and agreed with Recital of a
the said C.D. for the absolute sale to him of the said purchase of a
policy of assurance, and the moneys and advantages
thereby secured free from incumbrances at the price of
.
177. Recital of an Appointment of Leaseholds Precedent
by a Will. ^
WHEEEAS the said A.B. duly made and executed her last Recital of an
will, dated, &c., and in exercise of the power contained of leaseholds
in the said settlement, she thereby devised and appointed by wfll-
the premises comprised in the said lease to C.D., his
executors, administrators, and assigns, for the residue of
the said term of years. And the said testatrix
appointed the said E.F. and G.H. executors of her said
will.
236 PRECEDENTS IN CONVEYANCING.
Precedent 178. Recital of a Death and Probate of a Will
178 ' by one Executor.
Eecitalofa WHEREAS the said A.B. died on the day of
probate^ a > 18 , without having altered or revoked her
executor" 6 sa ^ w ^> an< ^ the sa ^ E.F., having renounced probate
thereof, the said will was duly proved in the
Registry of the Probate Division of the High Court of
Justice on the day of , 18 , by the said
G.H. alone.
Precedent 179. Recital of Executor's Assent to a Bequest.
179
WHEKEAS the said A.B. has assented to the bequest so
made by the will of the said testator to the said C.D.,
assent to a testified by his executing these presents.
bequest.
Precedent 180. Recital of a Deposit of a Lease.
WHEREAS the said A.B., in the month of , 18 ,
Eecitalofa deposited the said lease with the said C.D., and under-
lease, took to execute a mortgage of the property thereby
demised, as security to the said C.D., for the payment of
the amount then lent or due, or to become due to the
said C.D. from the said A.B., with interest thereon, on
which security there is now due for principal
money and interest.
Precedent 181. Recital of a Mortgage of Leaseholds to a
181 ' Building Society.
Eecital of a WHEREAS by an indenture dated, &c., and made between
the said A.B. of the one part, and C.D., E.F., and G.H.,
trustees, of the Benefit Building Society, of the
other part, after reciting that the said A.B. was a
member of the said Society, and as such entitled to
RECITALS. 237
receive out of the funds thereof the sum of ,
in respect of shares held by him therein, on
giving the security in respect thereof required by its
rules, it was witnessed that, in consideration of
then paid by the said trustees out of the funds of the
said Society to the said A.B., the premises in the said
indenture of lease, particularly mentioned and described,
with the appurtenances, were assigned unto the said
trustees, their executors, administrators, and assigns, for
the residue of the said term of years, subject to the rents
and covenants in the said lease reserved and contained
upon trust for the said A.B., his executors, adminis-
trators, and assigns, so long as he or they should duly
make and pay the said subscription moneys, fines, and
payments, and observe and perform the rules and regu-
lations made payable or prescribed in and by the rules of
the said Society, or any other rule or rules thereof for
the time being subsisting in respect of the said
shares then held by the said A.B. as aforesaid, and of
any other share or shares which he, his executors,
administrators, or assigns should or might thereafter
purchase or hold in the said Society, in respect whereof
an advance or advances, evidenced by a memorandum,
endorsed upon those presents, and signed by him or
them, should thereafter be made out of the funds of the
said Society, on security of the said premises.
182. Recital of a Memorandum of Further Charge Precedent
to a Building Society. 182 -
WHEREAS by a memorandum dated, &c., endorsed on the Recital of a
said indenture of mortgage, and signed by the said A.B., O f further
he charged the premises with the payment of
to be made in respect of other shares (which he had since society.
purchased and then held) according to the rules of the
^38 PRECEDENTS IN CONVEYANCING.
said Society, in addition to the payments to be made in
respect of the said before- mentioned shares.
precedent 183. Recital of a Contract for Sale of Freeholds
183> in Consideration of an Annuity.
Eecitalofa WHEREAS the said A.B. has agreed with the said C.D.
sale of free- f or the absolute sale to him of the hereditaments herein-
8ide d r 8 ationof after particularly described and the freehold and inherit-
an annuity. ance thereof in fee simple in possession free from incum-
brances in consideration of the annual sum or yearly
rent-charge of to be limited to the said A.B.
for his life, and to be secured to him as hereinafter
mentioned.
precedent 184. Recital of a Bond given as collateral
184- Security.
Eecitalofa WnEEEAS by a bond or deed poll dated, &c v under the
coUatfraf 11 "* hands and seal of the said A.B. and C.D., the said A.B.
as principal, and the said C.D. as surety, became jointly
and separately bound to the said E.F. in the sum of
& , conditioned to be void on the repayment to
the said E.F. of advanced and lent by him to
the said A.B., upon the deposit, by way of securities, of
two policies of life assurance, which were thereby charged
with the payment of the said sum of and
interest, after the rate and in manner therein mentioned.
precedent 185. Recital of Indebtedness on an Award.
185
WHEREAS the said A.B. is indebted to the said C.D.,
indebtedness u P on an award made by Y.Z., on a submission made by
on an award, them to his award concerning certain matters in differ-
once between them, and upon which reference the said
RECITALS. 239
Y.Z., on the day of , 18 , awarded
that the said A.B. should pay to the said C.D. ,
with interest thereon after the rate of per cent,
per annum from the date of the said award until pay-
ment; and there is also due from the said A.B. to the
said C.D. paid for the said award.
186. Recital of a Deposit of Deeds. Precedent
186.
WHEEEAS the said A.B., on the day of ,
18 , deposited the title deeds of the said piece of land, deposit of
messuage, and hereditaments with the said C.D., as deeds -
security for and interest.
187. Recital of Agreement that Purchase Money Precedent
should be paid to Mortgagees in Part Satis- ^Z'
faction.
WHEREAS upon the treaty for the said sale it was agreed Kecitai of
that the said sum of should be paid to the said that purchase
A.B. and C.D. in part discharge of the said principal
sum and interest owing 1 to them as aforesaid, and that mortgagees in
1 . part satis-
they should join in these presents in manner hereinafter faction.
appearing.
188. Recital of Mortgagees having consented to Precedent
release Land. 188 -
WHEREAS the said A.B. and C.D., being satisfied that Recital of
the other hereditaments comprised in the said indenture ha^mg corf-
of mortgage are a sufficient security for the whole of
the principal money and interest intended to be thereby
secured, have consented that the said sum of ,
shall be paid to the said E.F., and have agreed to join
in these presents in manner hereinafter appearing.
240 PRECEDENTS IN CONVEYANCING.
precedent 189. Recital of an Auction Sale of Leaseholds
^??' by Executors.
Eecitalof an WHEREAS the said A.B. and C.D., in pursuance of the
^executors, said recited will, advertised the tenant's interest in the
unexpired residue of the said term in the premises for
sale by public auction, at , on the day
of , 18 , at which sale the said E.F. became the
purchaser thereof, at the price of , and there-
upon paid to the said A.B. and C.D., by way
of deposit and in part payment of the said purchase-
money, leaving a balance of due in respect
thereof.
precedent 190. Recital of a Purchase having been made on
^!?' a Joint Account.
Eecital of a WHEREAS the said A.B. made the said purchase as the
having S been agent for and on behalf of himself and C.D., out of
mone y s belonging to them jointly, and the said A.B. has
requested the said E.F. to assign the said hereditaments
to himself and the said C.D. in manner hereinafter
appearing, (a)
Precedent 191. Recital of a Partnership.
JL91
WHEREAS by articles of agreement dated, &c., and made
partnership, between A.B. of the one part, and C.D. of the other part,
the said A.B. and C.D. agreed to become and remain co-
partners in the business of for all the residue
(a) The case of Bartlett v. Pickersgill (4 East, 577 n) is a distinct
authority for the proposition that where a person employed to buy
an estate for another, without there being any written evidence of
such employment, buys the estate in his own name and refuses to
convey to his principal, the court will not, after the execution of a
conveyance to the agent, compel him at the suit of the principal to
convey to the latter. But see Heard \. Pilley (L. Rep. 4 Ch. App.
548) and Cave v. Mackenzie (46 L. J. Ch. 564).
RECITALS. 241
then to come and unexpired of the term of ,
created by the said indenture of lease, under the style or
firm of "A.B. and Co." And it was thereby, amongst
other things, agreed that the said business should be
carried on upon the said land demised by the said lease ;
and that the said A.B. should thenceforth stand and be
possessed of the said indenture of lease as a trustee for
the said partnership, as part of the assets, and not other-
wise, and that he should, upon request, assign and
transfer the same so as to effectually vest in the said
parties thereto the said lease in equal shares.
192. Recital of a Disclaimer. precedent
192.
WHEREAS by a deed poll dated, &c., under the hand and
seal of the said A.B., the said A.B. did disclaim and
renounce all the -real and personal estate and effects,
given, devised, or bequeathed to him by the said will, and
also the respective offices of trustee and executor of the
said will, and all trusts, powers, and authorities by the
said will expressed to be reposed in or given to them the
said A.B., C.D., and E.F.
193. Recital of Ownership of Fixtures, &c. precedent
WHEREAS the said A.B. is possessed of the fixtures, goods,
and chattels specified in the schedule hereunder written, Recital of
... . ,, i -I < ownership of
which are now in and about the premises hereinafter fixtures, &c.
described.
194. Recital as to Production of Deeds. precedent
WHEREAS it has been also agreed that the several deeds
and writings specified in the schedule hereto, which Recital as to
01 . TIT! production of
relate as well to the hereditaments intended to be hereby deeds.
R
242
PRECEDENTS IN CONVEYANCING.
Precedent
195.
Recital of a
lease being
partnership
property.
granted as to other hereditaments should remain in
the custody of the said A.B., and that these presents
should contain such covenants relative thereto as are
hereinafter contained.
195. Recital of a Lease being Partnership
Property.
WHEREAS at the time of the granting of the said lease the
said A.B. was a partner with the said C.D. and E.F. in
the then existing firm of "C.D. and Co." and the said
lease was in fact the property of and held by the said
A.B. as part of the estate and effects of the said partner-
ship firm as he doth hereby admit.
precedent 196. Recital of an Agreement to assign a Lease
196 - on the Dissolution of a Partnership.
Eecitalof an WHEREAS the said A.B. sometime since retired from the
said firm of " C.D. and Co." and on the treaty for his
retirement, and as part of the arrangement for carrying
partnership. ou t the same, it was agreed between the said parties that
the said A.B. should execute such assignment of the said
premises as is hereinafter contained.
Precedent 197. Recital of an Agreement for a Partition
^ of Freeholds. *
Eecitalof an WHEREAS the said A.B. and C.D. are seised of or well
^partition of* entitled to the piece of land and hereditaments herein-
after described, with the appurtenances for an estate of
inheritance in fee simple, in possession free from incum-
brances, and they have mutually agreed to effect such
partition as is hereinafter contained.
freeholds.
RECITALS. 243
198. Recital of the Dissolution of a Partnership. Precedent
1 98
WHBEEAS by an indenture dated, &c., and made between
the said A.B. of the one part, and the said C.D. of the dissolution of 6
other part, after reciting (among other things) that the a partnership,
said A.B., having determined to retire from the said
partnership, all the partnership accounts, dealings, and
transactions had been adjusted and settled between the
said parties, it had been mutually agreed that the said
partnership should be dissolved, and the said partnership
was thereby dissolved accordingly, as from the
day of 18 ; and that the said A.B. should, on
the signing thereof, retire from the said concern, and a
notice of such dissolution, signed by the said A.B. and
C.D., had been, or was intended to be, inserted in the
London Gazette, it was witnessed that for the considera-
tion therein mentioned the said A.B. did assign unto the
said C.D. the one equal half part or share, and all other
the part share and interest of the said A.B., of and in all
and singular the goods, wares, merchandise, stock-in-
trade, capital, fixtures, goodwill, trade name, property,
and effects belonging or due and owing to the said A.B.
and C.D., as such partners as aforesaid, and all the
estate and interest of the said A.B. therein. To hold
the same unto the said C.D., his executors, adminis-
trators, and assigns, for his and their own use and
benefit.
199. Recital of an Agreement to accept a Precedent
Surrender of Leaseholds.
WHEREAS the said A.B., at the request of the said C.D., Recital of an
has agreed to grant to him a new lease of the said piece a
of land and premises for a term, at a rent and subject
to certain terms and conditions already agreed upon
between them, on having a surrender of the present
lease made in manner hereinafter appearing.
R 2
244 PRECEDENTS IN CONVEYANCING.
Precedent 200. Recital of an Assignment for Benefit of
2 _??- Creditors.
Recital of an WHEREAS by an indenture dated, &c., and made between
benefitoT * A.B. of the first part, C.D. and E\F. of the second part,
and The several persons, &c. [creditors], of the third
part, the said A.B. did grant and convey unto the said
C.D. and E.F., their heirs and assigns, All and singular
the lands, messuages, tenements, hereditaments, and
real estate, whatsoever and wheresoever situate, of or to
which the said A.B. or any person or persons in trust for
him, was or were seised, possessed, or entitled, and all
leasehold and copyhold estates, lands, messuages, build-
ings, and tenements whatsoever and wheresoever situate,
with all appurtenances whatsoever to the same belonging,
and all reversions and remainders, rents, issues, and
profits thereof, and all the estate and interest of the said
A.B. therein or thereto. And the said A.B. did assign
unto the said C.D. and E.F., their executors, adminis-
trators, and assigns, all the goods, chattels, personal
estate, substance and effects whatsoever and wheresoever
of the said A.B. or wherein or whereto he or any person
or persons in trust for him was or were interested. And
it was by the indenture now in recital declared that the
said grant and assignment thereinbefore contained were
so made to the said C.D. and E.F., their heirs, executors,
administrators, and assigns respectively upon trust, that
they or the survivor of them, his heirs, executors, or
administrators, should at any time thereafter whenever
they or he should in their or his absolute discretion think
most advisable, sell, convey, transfer, assign and dispose
of all the said hereditaments and real leasehold and
copyhold estates, and all the personal estate thereinbefore
respectively granted and assigned either by public-
auction or private contract, or partly by one and partly
by the other mode, for such price or prices as they or he
RECITALS. 245
should in their or his discretion think proper; and to
stand possessed of all moneys to be received by them or
him under or by virtue of the now reciting indenture,
upon the trusts therein mentioned. And it was thereby
declared that the receipt of the said C.D. and E.F.
should be a sufficient and effectual discharge to the pur-
chaser or purchasers of the said hereditaments and pre-
mises thereby granted and assigned, or any part thereof,
for his, her, or their purchase money ; and that no pur-
chaser, his, her, or their executors, administrators, or
assigns, should afterwards be in anywise liable to see to
the application of such purchase money, or be answer-
able or accountable for the misapplication or non-appli-
cation thereof.
201. Recital of an Enfranchisement under the
Copyhold Acts.
WHEREAS by an order of enfranchisement, dated, &c.,
under the hands and seals of the Copyhold Commis- S en un( i er , :,
rj the Copyhold
sioners, the said commissioners, in pursuance of the Acts.
powers vested in them by the Copyhold Acts, did, by
that award of enfranchisement, duly enfranchise unto the
said A.B. his heirs and assigns the piece of land and
hereditaments to which the said A.B. was so admitted
as aforesaid with the appurtenances [add here, if so, save
and except all the rights reserved by " The Copyhold
Act, 1852," s. 48, or as the case may be~\. To hold the
same [save and except as aforesaid] unto and to the use
of the said A.B., his heirs and assigns as freehold,
thenceforth and for ever discharged from all fines,
heriots, reliefs, quit rents, and all other incidents what-
ever of copyhold or customary tenure.
246 PRECEDENTS IN CONVEYANCING.
Precedent 202. Recital of a Conveyance to Uses to bar
Dower subject to Reservations and Restric-
tions.
Eecital of a WHEREAS by an indenture dated, &c., and made between
useJtoTar A.B. of the one part, and C.D. of the other part, the
to reaerva? ect [pi ece or parcel of land and] (a) hereditaments herein-
tions and after described, and intended to be hereby [appointed
restrictions. . ^
and] granted, with the appurtenances [but subject to
the reservation hereinafter referred to] were assured and
limited to such uses [for such estates and in such
manner] as the said C.D. should by deed appoint, and in
default of [and until and subject to] any such appoint-
ment, to the use of the said C.D. and his assigns, during
his life, without impeachment of waste, with remainder
to the use of Y.Z., his executors, and administrators,
during the life of the said C.D., in trust for him and his
assigns, with remainder to the use of the said C.D., his
heirs and assigns. And in the indenture now in recital
were contained certain covenants on the part of the said
C.D., his heirs, executors, administrators, and assigns,
restrictive of the mode of user and enjoyment of the
said [piece or parcel of land and] hereditaments herein-
after described and intended to be hereby [appointed
and] granted.
Precedent 203. Recital of a Reconveyance.
203
WHEREAS by an indenture dated, &c., and made between
Eecital of a ^..B. of the one part, and C.D. of the other part, after
reconveyance. x
recitals by which it appeared that the sum of
only was then owing to the said A.B. upon the security
of the said indenture of, &c., it was witnessed that in
consideration of the sum of to the said A.B.,
(a) The words within brackets may be omitted when conciseness
is desired.
RELEASES. 247
paid by the said C.D. the said A.B. did thereby grant
unto the said C.D. his heirs, executors, administrators,
and assigns (amongst other things) the said premises
comprised in the said indenture of, &c. To hold the same
unto and to the use of the said C.D. his heirs, executors,
administrators, and assigns discharged from all principal
and other moneys, interest, and costs intended to be
secured by the said indenture of, &c.
204. Release by Creditors of an Intestate on Pay- Precedent
204
merit of Composition by Administrator.
WE, THE UNDERSIGNED, being 1 respectively creditors of Release by
J creditors of an
A.>., late or &c., deceased, to the amount or the several intestate on
sums of money placed opposite to our respective names
or firms in the first column hereunder written, in con- J*y Adminis-
trator.
sideration of the several sums of money placed opposite
to our respective names or firms in the second column
hereunder written, and paid to us respectively by C.D V
of &c., administrator of the said A.B., on our respec-
tively executing these presents, being after the rate of
in the pound upon the amount of our respec-
tive debts mentioned in the said first column, and in full
(a) A parol contract before breach may be released by parol :
( Goss v. Lord Nugent, 5 B. & Ad. 58.) See also, as to release after
breach, Dobson v. Espie (26 L. J. Ex. 240.) But a contract under
seal can be released only by an instrument under seal : (Brooks v.
Stuart, 9 A. & E. 8, 54; Littler v. Holland, 3 T. B. 590.)
248 PRECEDENTS IN CONVEYANCING.
satisfaction of such debts, except as is hereinafter pro-
vided, do hereby for ourselves respectively, and for our
respective heirs, executors, administrators, and partner-
ship firms, and not one of us for the other of us, or for
the acts and deeds of the others or other of us, but each
and every of us doth hereby for himself and for his
own acts, heirs, executors, administrators, and partner-
ship firms only, COVENANT with and declare to the said
C.D., his executors and administrators, that this present
covenant shall operate and enure, and may be pleaded in
bar as a good and effectual release and discharge of all
and all manner of actions, suits, bills, bonds, writings,
obligatory debts, dues, accounts, trusts, claims, and
demands whatsoever, both at law and in equity or other-
wise howsoever, which we or any of us, or our or any of
our heirs, executors, and administrators, now have or
hath, or hereafter shall or may have, challenge, claim, or
demand against the estate or effects of the said A.B.,
deceased, or against the said C.D. as such administrator
as aforesaid, his executors, or administrators, or his or
their estate or effects, or any of them, for or by reason
or on account of all and every or any of the debts to us
or to any of us, or our partnership firms respectively,
due or owing from the estate of the said A.B., deceased,
as aforesaid, or of any interest or commission due or
demandable for the same, or for or by reason or on
account of any other matter, cause, or thing whatsoever
Proviso re- in respect of the said several debts. PROVIDED ALWAYS,
a^lnsrt third 8 an d it is hereby declared, that the aforesaid release or
parties. anything herein contained shall not in anywise prejudice
or affect the rights or claims of us the said creditors, or-
any of us, against any person or persons other than the
said A.B., deceased, who are or may be or have rendered
themselves jointly liable with the said A.B., deceased,
for the amount of our respective debt or debts. IN
WITNESS, &C.
RELEASES.
249
Creditors'
signatures.
Seals.
1st column.
2nd column.
Signed,
sealed, and
delivered in
the presence of
Amount of
debt released.
Amount of
composition
paid.
s.
d.
s.
d.
205. Release by Creditors to Attorney of their Precedent
Debts against his Principal on Payment of 2O5>
a Composition.
To ALL TO WHOM THESE PRESENTS shall come the under-
signed creditors of A.B., of &c. } send greeting.
WHEREAS, &c. [recital of power of attorney^. AND Recital of
WHEREAS the said C.D. \_agent~\ has done and performed attorney,
various acts and things under and in pursuance of the
said power and authority conferred upon him by the said
recited deed-poll. AND WHEREAS a meeting of the Meeting of
creditors of the said A.B. was held on the day of resolution to
,18 , at which meeting the said C.D. was also reall8e -
present, and a resolution was then passed to the effect
that the said C.D. should instruct Mr. , accountant,
to realise the estate and effects of the said A.B. to the
best advantage, and that the assets thereof (after pay-
ment thereout of all expenses in any manner incidental
to the said realisation of the said estate and effects, and
the distribution of the said assets and all expenses
incurred in and about the said meeting of creditors, and
the carrying that resolution into effect) should be equally
distributed among the creditors of the said A.B., and
that the said creditors should thereupon execute to the
said A.B. and C.D., as such attorney as aforesaid, such
PRECEDENTS IN CONVEYANCING.
And result of release as is hereinafter contained. AND WHEREAS, in
pursuance of the said resolution, the said accountant has
realised to the best advantage the estate and effects of
the said A.B., and (after allowing and deducting such
expenses as aforesaid) the sum of , amounting
to a composition of in the pound on the amount
of the respective debts of the creditors of the said A.B.,
remains in the hands of the said accountant for distri-
Witnesseth. bution among the said creditors as aforesaid. Now
Consideration. THESE PRESENTS WITNESS that, in consideration of the
premises and of the payment to us the undersigned
creditors of the said A.B., at the time of our respectively
signing and executing these presents, of the several
sums of money placed opposite our respective names in
Eeceipt. the second column hereunder written, the receipt of
which said sums respectively we, the undersigned
creditors of the said A.B., do hereby acknowledge
and therefrom do absolutely acquit, release, and dis-
charge the said A.B., his heirs, executors, and adminis-
trators, and also the said C.D., as such attorney as afore-
said, his heirs, executors, and administrators, we the
undersigned creditors of the said A.B. do by these
Eelease. presents remise, release, discharge, and for ever quit
claim, unto the said A.B., his heirs, executors, and
administrators, and the said C.D., as such attorney as
aforesaid, his heirs, executors, and administrators, and
Debts. their respective estates and effects, ALL and all manner
of actions, suits, causes of action and suit, debts, dues,
sum and sums of money, accounts, reckonings, claims,
and demands whatsover, both at law and in equity,
which we the said creditors of the said A.B., or our or
any of our partners respectively, or any other person or
persons whom we or any of us can bind by these
presents, now have, or which we or any of us, our or
any of our heirs, executors, or administrators, but for
these presents, could, would, or might at any time or
RELEASES.
251
times hereafter have upon or against the said A.B. and
C.D., as such attorney as aforesaid, their or his heirs,
executors, or administrators, or their or his estate or
effects, or any of them, for or by reason or on account of
any matter, cause or thing whatsoever up to and inclu-
sive of the day of the date of these presents. IN
WITNESS, &c.
Creditors'
signatures.
Seals.
1st column.
2nd column.
Signed,
sealed, and
delivered in
the presence of
Amount of
purchase money
paid.
Amount of
debt released.
s.
d.
s.
d.
206. Release from a Debt owing by a Firm. Precedent
To A.B. , of &c. [debtor].
IN CONSIDERATION of your dissolving the partnership Release from a
v / i* j r debt owing by
heretofore existing between yourself and my son, D.U., a firm,
upon the terms agreed to between you on the
day of instant, I hereby discharge you, and also
the partnership firm of "A.B. and Co.," from the debt
of , or whatever the amount may be, now due
and owing by you or that firm to me, and from all claims
and demands on account thereof. AND I UNDERTAKE
to execute and deliver to you, upon request, any more
formal release or discharge from the said debt that you
may require.
DATED the day of 18 .
C.D. [creditor].
PRECEDENTS IN CONVEYANCING.
Precedent 207. Release between a Purchaser and a Vendor.
2O7.
To A.B., of &c. [vendor] .
Release REFERRING TO YOUR AGREEMENT with me, dated, &C.,
purchaser and whereby you agreed that, in the event of your becoming
the purchaser of the land and dwelling house at ,
then building by you under contract with me that you
would finish and complete the same according to the
contract, and would convey the property to me on pay-
ment to you of the amount that should be due on a final
adjustment of accounts in respect of that property, and
of interest at per cent, per annum on all
moneys paid by you from the date of payment, including
all legal charges, surveyor's fees, and other expenses,
such conveyance, and all other charges incidental thereto,
to be at my expense, and you have some time since
finished and completed the said premises accordingly, I
now find, after investigating the accounts, that I am
totally unable to purchase the property from you, or to
pay the price thereof. I THEREFORE RKQUEST you to
release and discharge me from the said agreement of
the day of . , 18 , so far as it remains
to be performed on my part, and, in consideration of
your so doing, I undertake and agree that, should you
become the purchaser of the said property, you shall
hold the same discharged from your said agreement
with me, and from every term, condition, or stipulation
therein contained, in like manner as if the same had
never been entered into; and I hereby discharge the
same accordingly, and declare that I have no further
claim whatever to, or in respect of, the said property,
or any part thereof.
DATED the day of 18 .
C.D. [purchaser] .
T AGREE to the terms above proposed, and hereby
RELEASES. 253
release and discharge the said C.D. from the said agree-
ment.
A.B. [vendor].
208. Release to a Mortgagee of the Equity of precedent
Redemption in Freeholds by the Parties 2O8 -
entitled under the Will of a deceased Mort-
gagor (endorsed).
THIS INDENTURE, made, &c., BETWEEN E.F., of &c., and Parties.
M. his wife, G.H., of &c., and N. his wife, J.K., of &c.,
and L.M., of &c. [releasors], of the one part, and the
within-named C.D. [mortgagee], of the other part.
WHEEEAS the within-named A.B. [mortgagor] duly made Recital of will
and executed his last will, dated, &c., and thereby,
after directing the payment of his just debts, funeral
and testamentary expenses, gave and bequeathed the
hereditaments comprised in the within-written inden-
ture to the said M.F., N.H., J.K., and L.M. equally
between them, share and share alike, and appointed
W.X. and Y.Z. executors of the said will. AND WHEEEAS
the within-named A.B. died 'on the d a y of
,18 , without having revoked or altered his
said will. AND WHEEEAS the said will of the within- His death and
named A.B. was on the day of , 18 a
duly proved by the said W.X. alone in the
Registry of the Probate Division of the High Court of
Justice, the said Y.Z. having first duly renounced pro-
bate thereof. AND WHEEEAS the said M.F. (being then Marriage of
. M F
M.B., spinster) in the year 18 intermarried with and
became, and still is the wife of, the said E.F. AND Marriage of
WHEEEAS the said N.H. (being then N.B., spinster) in N>H "
the year 18 intermarried with and became, and still
is the wife of, the said G.H. AND WHEEEAS the sum of Amount owing
is now due and owing to the said C.D. for
principal and interest in respect of the wit bin- written
254
PRECEDENTS IN CONVEYANCING.
Application
I n r d p th y r"a e t n of
And proposal
ficiariesto
euit tthe
mortgagee.
Witnesseth.
Consideration.
Eelease.
Parcels.
To the intent
be\e\Tbytne
mortgagee.
indenture of mortgage (as the said E.F. and M. his wife,
G.H. and N. his wife, J.K., and L.M. hereby severally
admit). AND WHEREAS the said C.D. has lately applied
to the said E.F. and M. his wife, G.H. and N. his wife,
J ' K< and L ' M -> for P a 7 ment of tlw am o unt so due to him
for principal and interest as aforesaid, and has intimated
his intention, unless the same be paid to him, of institu-
ting proceedings in the Chancery Division of the High
Court of Justice for the foreclosure of the equity of
redemption to which the said E.F. and M. his wife,
G.H. and N. his wife, J.K. and L.M., are entitled in
respect of the within-mortgaged hereditaments. AND
WHEREAS the said E.F. and M. his wife, G.H. and N.
^ s w ^ e ; 3-^-. and L.M., being unable to comply with
such request, and in order to avoid the expense of such
proceedings, have agreed and determined to execute
such release of their respective interests in the said
hereditaments and premises under the hereinbefore in
p ar t recited will as is hereinafter contained. Now THIS
INDENTURE WITNESSETH that, in pursuance of such deter-
mination and agreement, and in consideration of the
premises, they, the said E.F. and M. his wife, G.H. and
N. his wife, J.K. and L.M. do, and each of them doth,
hereby remise, release, and quit claim unto the said
C.D. and his heirs, ALL and every the parts, shares, and
interest to which they, the said E.F. and M. his wife,
G.H. and N. his wife, J.K. and L.M., or any of them,
are, is, or may be entitled under or by virtue of the said
will of the said A.B., of and in the hereditaments and
premises comprised in the within-written indenture, and
of and in the rents and profits thereof respectively. To
THE INTENT that the same may be henceforth held by the
said QJ^ an( j hig ^^ to t}ie uge of the gaid Q j) ^ hig
heirs, and assigns, free from all actions, suits, proceed-
ings, claims, and demands, of the parties hereto of the
first part, or any of them, in respect of the said here-
RELEASES.
ditaments and premises, or any part thereof, (a) IN
WITNESS, &C.
209. Release of an Annuity charged on Land. Precedent
209.
THIS INDENTURE made, &c., BETWEEN A.B. of, &c.
[annuitant and releasor], of the one part and C.D. of arties -
&c. [releasee], of the other part. WHEREAS by an Recital of deed
^ . J creating the
indenture, dated &c., and made between the said C.D. annuity.
of the one part and the said A.B. of the other part,
he the said C.D. conveyed and assured the piece of land,
messuage, and dwelling-house hereinafter described, and
intended to be hereby granted unto the said A.B. and
his heirs to the use that an annual rent charge of
to be computed from the day of
,18 , should be charged upon the said
hereditaments and received by the said C.D. and his
assigns during his life and subject thereto to the use of
the said A.B. , his heirs, and assigns. And by the same
indenture the said A.B. for himself, his heirs, executors,
and administrators, covenanted with the said C.D. that
he the said A.B. his heirs, executors, or administrators
would pay to the said C.D. and his assigns during his
life one annuity or yearly sum of by equal
quarterly payments in advance on the day of
, the day of , the day of
, and the day of , in every year,
a proportionate part of the first quarterly payment of
the said annuity computed from the day of
to the day of , to be made on
the day of the date of the indenture now in recital, and
the whole of the second of such quarterly payments on
(a) This deed must be acknowledged by the married woman (3 & 4
Will. 4, c. 74, s. 77), for to bind interests of married women out of
court, although merely equitable, some deed should be executed and
acknowledged: (Wilkinson v. Castle, 16 W. E. 501.)
25(5 PRECEDENTS IN CONVEYANCING.
the day of and the whole of every
subsequent quarterly payment to be made in advance in
like manner on the day whereon the same should accrue
Of payments due. AND WHEREAS the payments of the said annuity
under. accruing due on the day of and the
day of have been paid by the said A.B. in
accordance with the covenant to that effect contained in
the said recited indenture, as the said A.B. hereby
And of agree- admits. AND WHEREAS the said A.B. has agreed with
release. the said C.D. to convey to him the piece of land,
messuage, or dwelling house hereinafter described, and
the inheritance thereof in fee simple upon being released
from the said annuity or yearly rent charge in future in
Witnesseth. manner hereinafter appearing. Now THIS INDENTURE
Consideration. WITNESSETH that in consideration of the release herein-
Grant. after contained he the said A.B. hereby grants unto
Parcels. the said C.D., his heirs, and assigns. ALL TFAT, &c.
Habendum. [parcels] . To HOLD the same unto and to the use of the
And to the said C.D., his heirs and assigns. AND to the intent that
intent that , .
annuity may the said annuity or yearly rent charge may be
gnished." extinguished. AND the said C.D. in consideration of
Kelease. the premises hereby releases and discharges the said
A.B., his heirs, executors, and administrators, from all
actions, suits, claims, and demands, which he the said
C.D. now has, or otherwise might have against the said
A.B. his heirs, executors, or administrators, by reason or
on account of the said annuity or yearly rentcharge of
or anything contained in the said recited
Covenant by indenture of, &c. AND the said A.B., for himself, his
incnmTrances. heirs, executors, and administrators, hereby COVENANTS
with the said C.D., his heirs, and assigns that he the
said A.B. has not done or knowingly suffered anything
whereby the said premises are or may be impeached,
affected, or incumbered. IN WITNESS, &c.
STATUTORY DECLARATIONS. 257
210. Declaration by an Attesting Witness to a Precedent
Notice of Dissolution of Partnership.(a) 210 '
I, A.B., of &c. [attesting witness] } do solemnly and Declaration by
sincerely declare that I was present and did see M.N.
and O.P., both of &c., the partners mentioned in the
notice of dissolution of partnership hereunto annexed, partnership.
marked " A.," and whose names are signed thereto,
respectively sign the same. AND that the names " M.N."
and " O.P." set and subscribed thereto are of the proper
handwritings of each of them the said M.N. and O.P.,
and that the name " A.B." set and subscribed thereto as
the witness attesting the signatures thereto, is of the
proper handwriting of me the said A.B. AND I make
this solemn Declaration conscientiously believing the same
to be true, and by virtue of the Provisions of an Act made
and passed in the sixth Year (6) of the Reign of His late
Majesty King William the Fourth, intituled " An Act to
repeal an Act of the present Session of Parliament,
intituled 'An Act for the more effectual Abolition of
Oaths and Affirmations taken and made in various
Departments of the State, and to substitute Declarations
in lieu thereof, and for the more entire Suppression of
(a) See Precedent 114, ante, p. 179, and note (a), p. 180.
( 6) " The blank in the schedule ought to be filled up with the
word ' sixth ' only. No single Act of Parliament can be passed in
two years of the King's reign." Extract from a written opinion
of the late Lord Campbell. More frequently than not it will be
found that practitioners and precedents alike differ from the ex-
chancellor's dictum.
B
258 PRECEDENTS IN CONVEYANCING.
voluntary and extra-judicial Oaths and Affidavits, and to
make other Provisions for the Abolition of unnecessary
Oaths/"
DECLARED and subscribed (a) at , in t
County of , this day of ,18
T
Before me,
Y.Z.,
A Commissioner to administer Oaths in the Supreme
Court of Judicature in England.
Or, A Justice of the Peace in and for the said County
[City, or Borough] of
Precedent 211. Declaration by an Attesting Witness to the
ail> Execution of a Deed.
Declaration by I, A.B., of &c. [attesting witness], do solemnly and
witness to the sincerely declare that I was present and did see C.D., of
deed? a & c -> *he person named in the notice hereunto annexed
marked " A.," sign, seal, and as his act and deed deliver
the deed of therein referred to. AND that the
name " C.D." set and subscribed to the said deed, is of
the proper handwriting of the said C.D. ; and that the
name " A.B." set and subscribed thereto as the witness
attesting the execution thereof, is of the proper hand-
writing of me this deponent. AND I make, &c. [statutory
conclusion] .
(a) As a rule it is not necessary that a declarant should actually
subscribe as well as declare to the truth of his declaration in the
presence of the party taking it, but in naturalization applications he
should do so, and as some importance may be attached in foreign
countries to the additional formality, it is prudent also to adopt this
form in the case of declarations taken for use abroad.
STATUTORY DECLARATIONS. 259
212. Declaration by a Vendor that Hereditaments Precedent
to be comprised in Conveyance are Unin- 212>
cumbered.
I, A.B., of &c. [vendor], do solemnly and sincerely Declaration
declare that I have not committed any act whereby I am that heredita-
liable to be adjudicated a bankrupt, nor have I at any j^*^^-^
time heretofore petitioned any court for the liquidation of conveyance
c .L-L i i arennin-
my anairs, or assigned my estate tor the benefit or or in cumbered.
trust for creditors, and that I am not in anywise indebted
to Her Majesty Queen Victoria, and that there are no
Crown debts, judgments, writs, or other process of execu-
tion, pending suits, or incumbrances of any kind whatso-
ever registered or recorded against me in anywise affect-
ing the piece of land and buildings thereon erected,
situate in Street aforesaid, recently sold and
agreed to be conveyed by myself [and others] to C.D., of
&c. [purchaser] , for , the conveyance whereof
is already engrossed and is intended to bear even date
herewith. AND I declare that I [and my mortgagees]
have full and absolute power to grant and convey the said
hereditaments and premises to the said C.D., so that the
same may be held by him, his heirs, and assigns, free
from all incumbrances whatsoever [except, if so, the
restrictive covenants affecting the same] , created or occa-
sioned by me, or any person or persons claiming through,
under, or in trust for me. (a) AND I make, &c. [statu-
tory conclusion} .
213. Declaration by a Mortgagor of Chattels that Precedent
they are Unincumbered.(b) 213>
I, A.B., of &c. [mortgagor'], do solemnly and sincerely Declaration
declare that I have not committed any act whereby I am
chattels that
(a) See as to judgments 1 & 2 Yict. c. 110 ; 2 & 3 Viet. c. 11 ; they are nnin-
18 & 19 Yict. c. 15 ; 23 & 24 Yict. c. 38 ; and 27 & 28 Yict. c. 112. Cl
(&) See hereon Reg. v. Meakin (20 L. T. Rep. N. S. 544).
9 2
260 PRECEDENTS IN CONVEYANCING.
liable to be adjudicated bankrupt, nor at any time here-
tofore petitioned any Court for the liquidation of my
affairs, or assigned my estate for the benefit of or in
trust for creditors, and that there are no j udgments, writs,
or other process of execution, pending suits, or incum-
brances of any kind, affecting the fixtures, furniture,
effects and things now in, upon, or about the dwelling
house and premises in Street aforesaid, occupied
by me, which I have this day assigned by way of
mortgage to C.D., of &c. [mortgagee], for securing to
him the repayment of , and interest thereon,
which mortgage bears even date herewith. AND I declare
that I have good right and full power to assign the said
fixtures, furniture, effects, and things to the said C.D.,
his executors, administrators, and assigns, in manner
aforesaid ; and that the same may be held by him and
them free from incumbrances. AND I declare that so
long as any money shall be due to the said C.D. on the
said security I will not do or commit any act or thing
whereby the said security may be prejudiced or affected,
or remove, conceal, or dispose of any of the property
therein comprised, without the previous written consent
of the said C.D. AND I make, &c. [statutory con-
clusion] .
Precedent 214. Declaration as to the Identity of a Plot of
2 _^- Land.
Declaration as I, A.B., of &c. [declarant], do solemnly and sincerely
Sa h plot e of titydeclare that the P lot of land coloured in the
land - plan hereto annexed, marked " A," is the plot of land
now intended to be conveyed by C.D., of &c. [vendor],
to B.F., of &c. [purchaser], and is a portion of a certain
piece of freehold land on the side of ,
in aforesaid, containing square yards,
STATUTORY DECLARATIONS. 261
and of a piece of freehold land immediately adjoining,
containing square yards, which two pieces of
land were, by indenture, dated, &c., conveyed by
to . AND I further say that the piece of land
firstly described in and conveyed by the said indenture
of, &c., is shown on the said plan as to a portion thereof
by being coloured , and as to the other portion
thereof secondly described in and conveyed by the said
indenture of, &c., by being coloured . AND I
make, &c. [statutory conclusion] .
215. Declaration by a Husband that his Deceased Precedent
Wife had no Separate Estate.(a) 2 _^L'
I, A.B., of &c. [husband'], do solemnly and sincerely Declaration
declare that I intermarried with my late wife C., then that his
O.D., of &c., spinster, on the day of
18 , at , and continued to live with her until rate estate -
her death, which happened on the day of
,18 . AND I say that my said wife C. was
not, nor was or were any person or persons in trust for
her, seised, possessed of, or entitled to any real or per-
sonal estate or property of any kind or nature whatever
to or for her sole and separate use at any time during the
said coverture, or at the time of her said death, as I
know of my own knowledge. AND I make, &c. [statu-
tory conclusion].
(a) This, or a similar declaration, is required by some insurance
offices before paying over policy moneys due to the represen-
tatives of a married woman at her death, and in their instructions
they generally require it to be taken before a justice of the
peace.
262 PRECEDENTS IN CONVEYANCING.
Precedent 216. Declaration by an Attesting Witness to the
?i?" Execution of a Power of Attorney. (a)
Declaration by Borough of , in the County of , to wit.
I> A.B., of &c. [attesting witness], do solemnly and sin-
f * Cerel 7 declare that I was present and did see E.F. duly
attorney. sign, seal, and as his act and deed deliver the paper
writing or power of attorney hereunto annexed. AND that
the name E.F. thereto subscribed is of the proper hand-
writing of the said E.F., and that the names "A.B/'
and "C.D." thereto subscribed as witnesses attesting
the execution thereof are of the respective proper hand-
writings of me this declarant and of the said C.D. AND
I make, [statutory conclusion] .
Precedent 217. Declaration in Proof of Debt to accompany
217- a Power of Attorney. (b)
Declaration in I A.B.. of &c. [declarant], do solemnly and sincerely
proof of debt ' ' L i 1 . J
to accompany declare that 1 carry on the business ot , in
a power of
(a) In sending out a power of attorney to act in foreign countries,
it is customary for the party to execute it in the presence of two
attesting witnesses, if two can be conveniently had, and to cause it
to be verified by an attesting witness by a declaration of the due
execution, and also to cause a notarial certificate, authenticating it,
under the signature and seal of a notary, to accompany the declara-
tion and power. Further, it is in general recommended to get the
latter also authenticated, when it can be done, under the seal of the
consul of a foreign country. If a power of attorney be sent out to
a British colony or possession, it is more frequent to have the
declaration of due execution made before, and authenticated under
the seal of, the mayor of the place where it is administered, if it
can be conveniently done, than by a notary : (Brooke on the Office
of a Notary, 187, 189.) The mayor's fee for taking each declaration
is usually Is. and 5s. for causing the Corporate Seal to be affixed.
The Consul's fee varies ; ex. gr. the United States Consul's fee is
10s. 4id., while the Italian Consul only exacts 4s. lOeZ.
(6) The power of attorney to which this declaration has particular
reference is Precedent 148, ante, p. 220.
STATUTORY DECLARATIONS. 263
partnership with C.D., at aforesaid, under the
style or firm of " A.B. and Co./' and that Messrs. M. N.
and Co., of &c., and the person or persons constituting
or composing the said firm are justly and truly indebted
to me and my said partner in the sum of
for [here insert cause of indebtedness accurately and fully,
as in a statement of claim ] , the full particulars whereof,
with dates and items, are truly and accurately set forth in
the paper writing, or account hereunto annexed, marked
A. (a) I declare that the prices charged in the said paper
writing, or account, are fair and reasonable, and such as
are usually charged by in on similar
transactions, and that the items of disbursement therein
mentioned and expressed to have been paid or advanced
were paid or advanced as thereby appeared. AND I
declare that the whole of the before-mentioned sum of
is now justly due and owing to me and my
said partner on the account aforesaid ; and that neither
I nor my said partner, nor any person or persons by our
or either of our order, or for our or either of our use,
hath or have received any security or satisfaction what-
soever for the same or any part thereof. AND I make, &c.
[statutory conclusion] .
218. Declaration as to change of a Building Precedent
Society's Trustees. ??
I, A.B., of &c. [declarant], do solemnly and sincerely Declaration as
declare as follows, that is to say : building 6 '
(a) The account should be exhibited thus :
This is the account marked A. referred to in the declaration of
A.B. hereunto annexed, declared and subscribed this day
of ,18 .
Before me,
T.Z.,
A Commissioner, &c.
society's
trustees.
264 PRECEDENTS IN CONVEYANCING.
1. I am now and have been ever since its establish-
ment at aforesaid, on or about the
day of , 18 , the Secretary of the
Permanent Benefit Building Society, the rules
whereof have been duly certified and enrolled
according to law [or (1), A Benefit Building
Society called the Building Society was
formed at aforesaid on the day of
,18 , and the rules of such society were
duly allowed, certified, and deposited with the
Clerk of the Peace in and for the said county,
in conformity with the statute in that behalf
made and provided, and shortly after the for-
mation of the said Society I was duly appointed,
and still continue, the Secretary of the said
Society] .
2. On the formation of the said Society, C.D., E.F.,
G.H., and I.K. were duly appointed trustees of
the said Permanent Benefit Building
Society.
3. The said G.H. and I.K., being desirous to be dis-
charged from the office of trustee, respectively
held by them in the said Society, respectively
tendered on the day of 18 ,
their resignation thereof, and they respectively
thenceforth ceased to be trustees as aforesaid;
and at a General Meeting of the said Society held
on the day of 18 , and con-
vened for that and other purposes, the said resig-
nations were accepted and duly recorded in the
books of the said Society, and the said G.H. and
I.K. were respectively removed from the office
of trustee in conformity with the rule of
the said Society [or, if the alteration have been
occasioned by death, (3) The said G.H. died on
the day of , 18 , and the said
STATUTORY DECLARATIONS. 265
I.K. died on the day of , 18 , and
such, deaths respectively have been duly recorded
in the books of the said Society] .
4. The said CJD. and E.F., being the remaining or
continuing trustees of the said Society, did by a
writing under their hands dated, &c., in confor-
mity with the rule of the said Society,
nominate and appoint W.X. and Y.Z., both of
&c., respectively to be trustees of the said Society
in the place and stead of the said G.H. and I.K.
respectively.
5. The said C.D., E.F., W.X., and Y.Z. are the only
and present trustees of the said Society. AND I
make, &c. [statutory conclusion] .
219. Declaration as to a Death. precedent
219
I, A.B., of &c. [declarant], do solemnly and sincerely
declare that I am the lawful widow and relict of the Declaration as
to a death.
late B.B., of &c., who departed this life at the city of
, in the Empire of , on or about the
day of 18 , and was interred in the
Protestant Burial Ground at , aforesaid, and that
I saw the said B.B. when dead, and was present at his
funeral. AND I make, &c. [statutory conclusion] .
220. Declaration in Proof of Heirship. Precedent
220.
I, A.B., of &c. [declarant], do solemnly and sincerely
declare and state as follows :
1. That I am now years of age. shi P-
2. That on the day of , 18 , I inter-
married with C.D., of &c., spinster, and the
ceremony was solemnised in the Parochial Chapel
of St , in , aforesaid.
266 PRECEDENTS IN CONVEYANCING.
3. That the certificate hereunto annexed marked
" A." is a true and proper certificate of my said
marriage, (a)
(a) As certificates of births, marriages, and deaths are so fre-
quently called into requisition in daily practice to prove or afford
prima facie evidence of certain facts in conveyancing matters, the
following information may be of service :
(1.) Births are evidenced by certified extracts from the General
Register, established by 6 & 7 Will. 4, c. 86 (Aug. 17, 1836),
amended by,* 1 Viet. c. 22. But, semble, these extracts
afford only evidence of the fact, and not of the date, of
birth : (Per Romilly, M.R., in Be Wintle, 21 L. T. Rep.
N. S. 781).
(2.) Baptisms are evidenced by certified extracts from the
Parochial Register.
(3.) Marriages by certified extracts from either of the two pre-
ceding Registers.
(4.) Deaths are evidenced in the same manner as births ; and
(5.) Burials are evidenced by certified extracts from the Burial
Registers, established by 16 & 17 Viet. c. 134, s. 8 (Aug. 20,
1853).
As regards these two last events, the Bank of England refuses
to accept the certificate of the Registrar General as proof of the
death of a proprietor of Government stock, in order to protect
itself against certain classes of fraud, but will, however, accept a
certificate of burial as sufficient.
The fees payable for such certified extracts, under 6 & 7 Will. 4,
c. 86, are
To the rector, vicar, or curate, &c. (s. 35) : . d.
For every search over not more than one year 1
additional year 6
single certificate 2 6
To the Superintendent General (s. 36) : s. d.
For every general search 5
particular 1
,, certified copy 2 6
At the General Register Office (s. 37) : s. d.
For every general search of the indexes ... 1
particular ... 1
certified copy 026
A receipt stamp is also required to be provided by the applicant.
Thus, practically, every certificate costs 3s. Id., as the Registrar
STATUTORY DECLARATIONS. 267
4. That I had four children by such marriage, and no
more viz., B.B., C.B., D.B., and E.B.
5. That B.B., the first of my said children, was born
on the day of , 18 , and died
on the day of , 18 , a bachelor
and of full age, and was interred at the Parish
Church of , in the same month of
6. That my second child, C.B., was born on the
day of , 18 , and died when only
months old, and was interred in the
same grave with his brother B.B. shortly after-
wards, and that the certificates hereunto annexed
respectively marked "B." and " C." are true and
proper certificates of the birth and death of my
said son, C.B.
7. That my daughter, D.B., was born on the
day of , and died on the day of
,18 , an infant and unmarried, and
was interred at the Cemetery, at
aforesaid, and that the certificate hereunto annexed
marked " D." is a true and proper certificate of
the death of my said daughter, D.B.
8. That my fourth child, E.B., was born on the
day of ,18 , and is the only surviving
child of my said marriage; and the certificate
hereunto annexed, marked " E.," is a true and
proper certificate of the birth of my said son,
E.B.
9. That my said son, E.B., attained his majority on
the day of last. AND I make,
&c. [statutory conclusion}.
General defends the practice of charging the one shilling search,
even if all the particulars be given, and this custom also obtains in
many local and district registries.
268 PRECEDENTS IN CONVEYANCING.
precedent 221. Declaration verifying a Certificate of Bap-
221< tism, Marriage, or Death, and the Identity
of the Person named therein.
Declaration I, A.B., of &c. [declarant] , do solemnly and sincerely
certificate^ declare that the paper writing hereunto annexed, marked
marriage or " ^" contains a true copy of an entry made in the book
death, and the f or registering baptisms [or marriages or burials] , for the
person named parish of , so far as the same relates to the'
baptism [or marriage or burial] of C.D., of &c. [I
having, on the day of carefully examined
and compared the same with the original entry thereof
in the said book (a)]. AND [if so], I further say that I
knew [or know], and was [or am] well acquainted with
the said C.D., and that he is the same person as
named in the said paper writing (o) . AND I make, &c.
[statutory conclusion] .
Precedent 222. Declaration in verification of a Memorial.
222.
I, A.B., of &c. [declarant], do solemnly and sincerely
verification m declare that all the statements contained in [or the
of a memorial. con t e nts of ] the memorial hereunto annexed, and to
which I have subscribed my name, are true (c). AND I
make, &c. [statutory conclusion] .
(a) This paragraph may be omitted in the case of copies certified
by the incumbent : (see 14 & 15 Yict. c. 99, s. 14.)
(b) The register or copy only proves the fact of the baptism,
marriage, or death of the person therein named, and is no evidence
of the identity of a party : (Powell on Evidence, 3rd edit. 420.)
(c) See Precedent 106, ante, p. 171.
STATUTORY DECLARATIONS. 269
223. Declaration by a Memorialist verifying the Precedent
Statements in his Memorial for the Grant of 223<
a Certificate of Naturalization.
I, A.B., of &c. [declarant], do solemnly and sincerely Declaration
(\ ftnl a rft by a memorial -
aeciare . ist ver ifying
1. THAT I was born at , in the Kingdom [or * he , statements
L in his memo-
Empire or Republic! of , and that I am rial for the
,. M- -u- grant of a
Still a Citizen or subject. certificate of
2. THAT I am years of age, and by trade or ^ t n uraliza -
business a } and carry on such trade or
business at , aforesaid.
3. THAT I have resided in , aforesaid,
years and upwards, and I am married and have
children.
4. THAT I am and have been a householder, and have
paid rates and taxes for the last years,
and I have a fixed domicile at No. ,
Street, , aforesaid, and I intend to reside
permantly within the United Kingdom.
5. THAT I am desirous to be enabled to become a
registered owner of British ships [or as the fact
may be] and to enjoy the rights and capacities
of a natural-born British subject except such as
are by law excepted. AND I make, &c. [statutory
conclusion] .
224. Declaration by four Householders vouching precedent
for the Respectability and Loyalty of a 224 -
Memorialist for the Grant of a Certificate
of Naturalization.
WE, C.D., of &C., E.F., of &C., Gr.H., of &C., and I.K., Declaration
of &c. [declarants], do severally, solemnly, and sincerely householders
declare (a} : vouching for
x ' ______ the respect-
(o) These declarants must be British-born subjects, and if it is loyalty ^f a
inconvenient for them to make the declaration at the same time
each declarant may make a separate declaration.
270
PRECEDENTS IN CONVEYANCING.
memorialist
for the grant
of a certificate
of natnraliza-
tion.
1. THAT we are well acquainted with A.B., of &c.,
the person applying for the grant of a certificate
of naturalization.
2. THAT the said A.B. is a gentleman well known,
of good standing and respectability, and of loyal
principles and conduct towards Her Majesty the
Queen and the Government and Constitution of
the United Kingdom.
3. THAT the said A.B. was born at , in the
Kingdom [or Empire or Eepublic] of ,
and is still, as we have heard and verily believe, a
citizen or subject.
4. THAT the said A.B. is years of age as we
have also heard and verily believe, and he is by
trade or business a , and carries on such
trade or business at , aforesaid.
5. THAT the said A.B. has resided in , afore-
said, years and upwards, and he is
married, and has children.
6. THAT the said A.B. is a householder, and has a
fixed domicile at No. , Street aforesaid,
where he has resided for the last years.
7. THAT it is the wish and intention of the said A.B. >
as we have heard and verily believe, to reside
permanently within the United Kingdom.
8. THAT the said A.B. is desirous, as we verily believe,
of obtaining the grant of a certificate of naturali-
zation, not only from a feeling of strong attach-
ment to the Crown, but also with the desire of
being enabled to become a registered owner of
British ships, [or as the case may be~\ .
AND I, the said C.D., for myself further declare :
9. THAT I am a British-born subject and a house-
holder, at No. , Street aforesaid, and
have personally known the said A.B. for the last
years.
SURRENDERS. 271
AND I, the said E.F., for myself further declare :
10. THAT [here repeat preceding allegation according to
the facts, and so with regard to G.H. and I.KJ\
AND we the said C.D., E.F., Gr.EL, and I.E. severally
make, &c. [statutory conclusion}.
225. Surrender of a Lease from Mortgagor, Mort- Precedent
gagee, and Purchaser to a Corporation. 22S -
THIS INDENTURE, made, &c., BETWEEN A.B., of &c. Parties.
[mortgagee], of the first part, C.D., &c., of &c. [mort-
gagor], of the second part, E.F V of &c. [purchaser] , of
the third part, and the Mayor, Aldermen, and Burgesses
of the Borough of , of the fourth part. WHEREAS Eecital of
by an indenture of lease, dated, &c. and expressed to be
made between the said Mayor, Aldermen, and Burgesses
of the one part, and W.X. and Y.Z. both of &c. [lessees'],
of the other part, for the considerations therein men-
tioned, the piece of land hereinafter described, and in-
tended to be hereby surrendered, was, with other here-
ditaments, demised unto the said W.X. and Y.Z., their
executors, administrators, and assigns, for and during
(a) See 29 Car. 2, c. 3, s. 3, and 8 & 9 Yict. c. 106, s. 3 ; and the
cases of Doe dem. Courtail v. Thomas (9 B. & C. 288) ; and Lord
Ward v. Lumley (5 H. & N. 87). But taking a new lease is a
surrender of the existing lease within the exception mentioned in
the first cited statute (Phene v. Popplewell, 31 L. J. C. P. 235),
explained by Oastler v. Henderson (46 Ibid. Q. B. 607).
272
PRECEDENTS IN CONVEYANCING.
Vesting of
premises in
mortgagor.
and unto the full end and term of years thence
next ensuing, at a peppercorn rent if demanded, and
subject to covenants, conditions, and agreements in the
said indenture of lease contained, and on the part of the
lessees, their executors, administrators, and assigns, to
be observed and performed. AND WHEREAS, after divers
mesne assignments and acts in the law, the said piece of
land, with a dwelling house erected and built thereon,
became and was vested in the said C.D., his executors,
administrators, and assigns, for all the residue unexpired
Of mortgage, of the said term of years. AND WHEREAS by an
indenture, dated, &c., and made between the said C.D.
of the one part, and the said A.B. of the other part, in
consideration of to the said C.D. paid by the
said A.B., the said C.D. did assign unto the said A.B.,
his executors, administrators, and assigns, the piece of
land, dwelling house, and premises hereinafter described
and intended to be hereby surrendered. To hold the
same unto the said A.B., his executors, administrators,
and assigns, thenceforth for the residue of the said
term of years, subject to a proviso in the now
reciting indenture contained for redemption of the
same premises on payment by the said C.D. on the
day of then next of the said sum of
and interest after the rate of per
centum per annum. AND WHEREAS the said E.F. has
agreed with the said C.D. for the purchase of the
said piece of land, and the dwelling-house erected thereon,
for the sum of *. AND WHEREAS the said sum
of is still due and owing to the said A.B. on the
security of the said recited indenture of the day
of , 18 , but all interest for the same has been
paid up to the day of the date of these presents, and upon
the treaty for the said purchase it was agreed that the
said sum of should be paid to the said A.B. out
of the said purchase money, or sum of . AND
Of contract of
Bale.
Of amount
owing on the
mortgage.
8UEBENDEE8. 273
WHEREAS the said E.F. has applied to the said Mayor, And of agree-
Aldermen, and Burgesses to grant to him a new lease of ^render,
the said piece of land, dwelling house, hereditaments, and
premises for the term of years in the usual
manner of granting such leases by them, and the said
Mayor, Aldermen, and Burgesses on such application
have agreed to grant such new lease accordingly, and in
pursuance of such contract for sale as aforesaid the said
A.B. and C.D. have agreed to surrender the said premises
to the said Mayor, Aldermen, and Burgesses in manner
hereinafter mentioned, to the intent that the said new
lease may be granted to the said E.F. Now THIS INDEN- Witnesseth.
TUBE WITNESSETH that, in consideration of the said agree- Consideration,
ments, and of the sum of on or before the
execution hereof, paid to the said A.B. by the said E.F.
at the request and by the direction of the said C.D., the
receipt whereof the said A.B. doth hereby acknowledge, Receipt.
and doth declare the same to be in full satisfaction and
discharge of all principal moneys and interest now due
and owing to him, on the security of the said recited
indenture of the day of , 18 , and of
and from the same and every part thereof doth hereby
release and for ever discharge, as well the said C.D., his
heirs, executors, and administrators, as also the said
E.F., his heirs, executors, and administrators, and every
of them, for ever, by these presents, and also in considera-
tion of the sum of to the said C.D. at the same
time paid by the said E.F., the payment and receipt
respectively in manner aforesaid of which said several
sums of and (making together the
said purchase money or sum of ) the said C.D.
doth hereby acknowledge, and of and from the same and
every part thereof doth acquit, release, and discharge the
said E.F. for ever by these presents, and also in con-
sideration of shillings by the said Mayor, Alder-
men, and Burgesses, paid to each of them the said A.B.,
T
274 PRECEDENTS IN CONVEYANCING.
C.D., and E.F., the receipt whereof is hereby acknow-
ledged, He, the said A.B., at the request and by the
direction of the said C.D. and B.F. respectively, doth by
Surrender. these presents surrender and yield up, and the said C.D.
and E.F. respectively, doth by these presents surrender
and yield up, and the said C.D. doth by these presents
surrender, yield up, and confirm, and the said E.F. doth
hereby ratify and confirm unto the said Mayor, Aldermen,
Parcels. and Burgesses, and their successors, ALL that, &c. [parcels] ,
words. TOGETHER with all rights, members, and appurtenances
to the said piece of land, hereditaments, and premises
belonging or in anywise appertaining. AND all the estate,
term, and interest of the said A.B., C.D., and E.F., and
To the intent each of them therein or thereto. To HOLD the same
residue of the premises TO THE INTENT that the residue of the said term
may^frge? 11 ^ years, created by the hereinbefore recited
indenture of lease of the day of , 18 ,
may be merged and extinguished in the reversion in fee
simple and inheritance of the said piece of land, dwelling -
And that anew house, and premises hereby surrendered. AND TO THE
^ntedUo the FUETHEE INTENT that the said Mayor, Aldermen, and
purchaser. Burgesses, or their successors, do and shall forthwith
make and grant a good and valid lease to the said E.F.,
his executors, administrators, or assigns, of the said piece
of land, dwelling house, and premises, for the term of
years, subject to a peppercorn rent, and to such
covenants, conditions, and agreements as are already
agreed upon, and in like cases usually contained in, and
with all the rights and privileges granted by the leases of
Covenant by the said Mayor, Aldermen, and Burgesses. AND each of
purchaser an them the said A.B. and E.F. doth hereby for himself,
^ s heirs, executors, and administrators, COVENANT with
the said Mayor, Aldermen, and Burgesses, their succes-
sors and assigns, that they, the said A.B. and E.F.
respectively, have not at any time, heretofore made, done,
committed, or executed, or knowingly or willingly per-
SURRENDERS. 275
xnitted or suffered, or been party or privy to any act,
deed, matter, or thing whereby or by reason whereof the
premises hereinbefore expressed to be hereby surrendered,
or any part thereof, are, is, can, shall, or may be im-
peached, charged, affected, or incumbered, in title, estate
or otherwise howsoever, or whereby or by reason whereof
the said A.B. and B.F. respectively are in anywise pre-
vented from surrendering the same premises, or any part
thereof, in manner aforesaid. AND the said C.D. doth Covenant by
hereby for himself, his heirs, executors, and adminis- right to
trators, COVENANT with the said Mayor, Aldermen, and m
Burgesses, their successors and assigns, that notwith-
standing any act by the said C.D. done or suffered to
the contrary, they, the said A.B., C.D., and E.F., or
some or one of them, now have or hath, in themselves or
himself, good right to surrender the said premises in
manner hereby done. AND THAT the said C.D., his And for
executors, and administrators, and all persons lawfully a n ce . er
claiming through, under, or in trust for him or them,
shall and will at all times hereafter, at the request and
expense of the said Mayor, Aldermen, and Burgesses,
their successors and assigns, execute and do all further
acts, deeds, and assurances for better and more perfectly
surrendering and assuring the said piece of land, dwel-
ling house, and premises unto the said Mayor, Aldermen,
and Burgesses, their successors, and assigns, as by them
or their counsel in the law may be reasonably required.
IN WITNESS, &c.
226. Surrender of a Portion of the Premises Precedent
comprised in a Lease, an Abatement being
made in the Rent.
THIS INDENTURE, made, &c., BETWEEN A.B., of &c. Parties.
[lessee], of the one part, and C.D., of &c. [lessor], of
the other part. WHEREAS the said A.B., at the request
T 2
276 PRECEDENTS IN CONVEYANCING.
Eecital of o f the said C.D., has agreed in consideration of the
agreement for .
a partial release hereinafter contained, to surrender to him the
workshops and premises adjoining the dwelling house
expressed by an indenture dated, &c., to be demised to
him, with certain other hereditaments therein described,
for all the residue now unexpired of the said term of
Witnesseth. years. NOW THIS INDENTURE WITNESSETH that in
Consideration, pursuance of the said agreement, and in consideration of
Surrender. the premises, he, the said A.B., doth hereby surrender
Parcels. an( j yield up unto the said C.D. and his heirs, THE said
workship and premises adjoining the dwelling house
demised by the said lease, with the appurtenances thereto
belonging. AND all the estate, term, and interest of the
To the intent said A.B., therein or thereto. To HOLD the same premises
may merge. TO THE INTENT that the residue of the said term of
years in the same may be extinguished in the reversion
and inheritance of and in the said workshop and pre-
Witnesseth. mises. AND THIS INDENTURE ALSO WITNESSETH that in
consideration of the premises the said C.D. doth hereby
Belease of release and discharge the said A.B., his executors,
rent. 00 administrators, and assigns, from the payment of
parcel of the annual rent reserved by the
said lease, and from all claims, demands, and remedies
Agreement as on account of the same. AND DOTH DECLARE AND AGREE
future rent, that the annual rent of and no more shall
henceforth be payable quarterly on the days therein
mentioned in respect of the premises retained by the said
And confirma- A.B. for the residue of the said term. AND IT is FURTHER
subject to pre- AGREED by the said parties "hereto that the said lease shall
variations ^e rea ^ an< ^ construed as if the annual rent of
only had been thereby reserved, and not , and
as if the said workshop and premises had not been
included in the said demise, and save as aforesaid the
said lease is hereby confirmed in all other respects. IN
WITNESS, &C.
SURRENDERS. 277
227. Surrender of an Existing Right of Way in Precedent
Exchange for a New Right of Way (en- 227<
dorsed in duplicate on the original lease
and counterpart).
THIS INDENTURE, made, &c. BETWEEN A.B. and C.D., of Parties.
&c. [assignees of original term], of the one part, and the
within-named E.F. and G.H. [lessors'], of the other part.
WHEREAS the piece or parcel of land, cottages, and pre- Recital of
mises demised by the within-written indenture, with the Ixistmgright
right of way shown in the plan in the margin thereof, n J c y i) n A B
are now vested in the said A.B. and C.D. for the residue
of the within-mentioned term of years, and
subject to the covenants by the lessee and conditions
therein contained. AND WHEREAS, by an indenture Of conveyance
bearing even date herewith, and made between the said G.H.ofadjoin-
E.F. and G.H., of the one part, and the said A.B. and K^ncf
C.D., of the other part^ the piece of land, with the rnes- C - I) -
suage or tenement now standing thereon, lying on the
side of the hereditaments demised by the
within -written indenture, together with one half in
width of a passage of feet wide on the
side thereof so 'far as the same is coextensive with the
said land, has been conveyed unto and to the use of the
said A.B. and C.D. AND WHEREAS it was part of theAndagree-
agreement for the said conveyance that the said A.B. surrender of
and C.D. should surrender and yield up unto the said
E.F. and G.H. the said right of way demised by .the
within- written indenture in consideration of the premises
and of such substituted right of way as is hereinafter
contained. Now THIS INDENTURE WITNESSETH that in witnesseth.
pursuance of the said agreement in this behalf and in
consideration of the premises, they the said A.B. and Consideration.
C.D. do and each of them doth hereby surrender and Surrender.
yield up unto the said E.F. and G.H., their executors,
administrators, and assigns ALL the existing right of way Of existing
way.
278
PRECEDENTS IN CONVEYANCING.
To the intent
that the term
in the existing
way may
merge.
And that a new
way may be
demised to
A.B. and C.D.
Witnesseth.
Consideration.
Demise.
Of new way.
Habendum.
or passage over and across the the road of yards
wide, shown in the plan drawn in the margin of and
referred to and described in the within indenture, TO THE
INTENT that the residue of the said term of years
expressed to be granted by the within-written indenture,
so far as concerns the said right of way or passage, may
be merged and absolutely extinguished in the reversion
expectant thereon, AND TO THE FURTHER INTENT that the
said E.F. and G.H. shall forthwith execute the demise
hereinafter contained. AND THIS INDENTURE ALSO WIT-
NESSETH that in consideration of the premises they the
said E.F. and G.H. do and each of them doth hereby
demise unto the said A.B. and C.D., their executors,
administrators, and assigns a right of way or passage
over and across the passage of feet wide granted
by the hereinbefore-recited indenture of even date in
continuance thereof from Street to there
situate, so far as the same is coextensive with the here-
ditaments demised by the within-written indenture, TO
HOLD the said premises expressed to be hereby demised
unto the said A.B. and C.D., their executors, adminis-
trators, and assigns as from the day of
18 , for the term of years thence next ensuing
in the place and stead of and in substitution for the said
right of road demised by the within-written indenture,
but at the rent and subject to the covenants by the
lessee and conditions in such indenture reserved and
contained and henceforth to be paid, performed, and
observed. IN WITNESS, &c."
TESTIMONIUMS. 279
I. SIMPLE CONTKACTS.
228. Common Form. Precedent
228.
As WITNESS the hands of the said parties the day and
year first above written. Common form.
229. By a Company. precedent
229
As WITNESS the hands of the said A.B. and of C.D. and
E.F., on behalf of the said Company (Limited) By a company,
the day and year first above written.
II. DEEDS.
230. Common Form. Precedent
23O.
IN WITNESS whereof the said parties to these presents
have hereunto set their hands and seals the day and year Commonform.
first above written.
231. To Lease and Counterpart. Precedent
231
IN WITNESS whereof the said A.B. to one part of these
presents delivered to the said C.D., and the said C.D. to
another part thereof remaining with the said A.B., have
hereunto interchangeably set their hands and seals the
day and year first above written.
280 PRECEDENTS IN CONVEYANCING.
Precedent 232. To Deed Poll.
232
' IN WITNESS whereof the said A.B. has hereunto set his
To a deed poll, hand and seal this day of one thousand
eight hundred and eighty
Precedent 233. To an Indenture Executed bu an Attorney.
233
' IN WITNESS whereof the said A.B. has hereunto set his
Toaninden- hand and seal, and by virtue of the power of attorney
tore executed . .
byanattomey. thereto enabling him (a copy wherof is annexed to these
presents), Y.Z. has hereunto set the hand and seal of the
said C.D. the day and year first above written. (a)
Precedent 234 By a Company.
IN WITNESS whereof the said Company (Limited)
By a company, have to these presents caused their common seal to be
affixed, and the said other parties hereto have hereunto
set their respective hands and seals the day and year
first above written.
Precedent 235. By a Corporation.
235. J N YVTTNESS whereof the said Mayor, Aldermen, and
By a corpora- Burgesses have caused their corporate seal to be here-
unto affixed, and the said other parties hereto have
hereunto set their respective hands and seals the day
and year first above written.
III. WILLS.
Precedent 236. Common Form.
236
IN WITNESS whereof I, the said A.B. [the testator], have
Common form, hereunto set my hand this day of , one
thousand eight hundred and eighty
(a) See note to Precedent 47, ante, p. 82.
UNDERTAKINGS.
281
Precedent
237.
237. Where Will written on several sheets
of Paper.
IN WITNESS whereof I, the said A.B. -[the tes tator} , Where will
have to this my last will [or codicil to my last will, as several sheets
the case may be] contained in this and the pre- paper -
ceding sheets of paper set, &c. [as in preceding form~\ .
SEttbntakittp,
238. Undertaking by Creditors to accept a Com-
position, and to execute a Release or an
Assignment of their Debts.
WE, THE UNDERSIGNED, creditors of A.B., of &c. [debtor],
do hereby severally undertake to accept a composition of
in the pound upon the amount of our respec-
tive debts, and in full discharge thereof. AND upon
such payment being made WE SEVERALLY UNDERTAKE to
execute to the person making such payment an assign-
ment of our respective debts, or, if required, a complete
release and discharge to the estate of the said A.B. in
respect thereof, such assignment or release to be pre-
pared at the expense of the person requiring the same.
Precedent
238.
Undertaking
by creditors to
accept a com-
position, and
to execute a
release or an
assignment of
their debts.
Creditors' signatures.
Amount of
debt.
Witness.
8.
d.
282
PRECEDENTS IN CONVEYANCING.
precedent 239. Undertaking to Stamp a Deed.
239.
To A.B., of &c. [mortgagor] .
Undertaking IN CONSIDERATION of your paying to me the sum of
deed!" 11 , principal money and interest due to my
client, Mr. C.D., of &c. [mortgagee], on mortgage of
hereditaments in Road, , I HEREBY
UNDERTAKE to get the transfer of such mortgage to him
(which has been through inadvertence insufficiently
stamped) duly stamped, and to pay any penalty that
may be required by the Commissioners of Inland
Revenue, and to deliver such transfer so properly
stamped to you, free of all expense; or, in default
thereof, within weeks from this date I will
return you the said in exchange for the deeds
this day delivered to you.
DATED the day of , 18 .
Precedent
240.
Undertaking
to deposit an
agreement for
tenancy and
to execute a
mortgage.
240. Undertaking to Deposit an Agreement for
Tenancy and to execute a Mortgage.
To A.B., of &c. [promisee'].
IN CONSIDERATION of your lending to me the sum of
towards enabling me to purchase the goodwill
in trade, fixtures, fittings, and effects, in and attached to
the licensed public-house and premises known as ,
situate in Street, into which I am now
about to remove (the receipt of which sum I hereby
acknowledge), I UNDERTAKE AND AGREE to deposit in your
hands as soon as I receive the same an agreement
between myself and B.F., of &c. [landlord], for my
occupation of the said public -house and premises as
tenant from year to year. AND I AUTHORISE YOU at any
time in my name to apply for and do all acts necessary
for obtaining possession of such agreement at my
UNDERTAKINGS. 283
expense ; AND I HEREBY AUTHORISE AND REQUEST the said
E.F. to deliver the said agreement to you without any
further authority from me; AND I AGREE that you shall
hold the same agreement, and I hereby charge the pre-
mises comprised therein, and the licences, fixtures,
fittings, furniture, and effects belonging to me, and now
or hereafter to be fixed to, placed upon or in the said
public-house and premises, as a security for the repay-
ment to you, on the day of 18 , of the
said with interest thereon from this date, after
the rate of per cent, per annum. AND I
FURTHER UNDERTAKE AND AGREE that I Will, at my Own
expense upon your request, obtain the consent of the
said E.F., and execute and deliver to you an assignment
by way of mortgage of my interest in the said public-
house and premises, and the said fixtures, fittings, furni-
ture, and effects, such mortgage to contain all such
powers of sale and other powers as you shall require to
be inserted therein for securing to you the possession of
the said premises, and a transfer of the licences as well
as the repayment of the said sum of and
interest as aforesaid, and that in the meantime I will
stand and be possessed of the said premises as a trustee
for you. AND I AGREE that so long as any money shall
be owing to you in respect of the said loan of
and interest, it shall be lawful for you or your agent at
any time hereafter, whether default shall or shall not
have been made in payment of the same, or any part
thereof, to enter upon the said public-house and pre-
mises, and to seize and take possession of the said fix-
tures, fittings, furniture, and effects without any further
consent on my part, and thereupon or at any time after-
wards when you shall think fit to sell the same or any
part thereof in any manner you think proper without
responsibility for any loss occasioned thereby, and to
give valid receipts for the purchase moneys thereof and
284 PRECEDENTS IN CONVEYANCING.
thereout, after reimbursing yourself the cost and expenses
incurred in obtaining and keeping possession, and in
effecting such sale, to pay to yourself the said sum of
and the interest thereon, or so much thereof
as shall then remain owing, and pay the surplus (if any)
unto me, my executors, administrators, or assigns. AND
I UNDERTAKE that during the continuance of this security
I will duly pay the rent reserved by, and observe and
keep the stipulations in the said agreement of tenancy
contained, and on my part to be observed and performed
and produce and deliver to you upon request the receipt
for each quarter's payment of rent hereafter to accrue due
of the said premises (a), and that I will not remove, or
take away, or suffer to be removed or taken away, any
part of the said fixtures, fittings, furniture, and effects
without your consent in writing first obtained.
DATED the day of , 18 .
C.D. [promissor~\ .
Precedent 241. Undertaking by a Borrower to pay a Lender's
?li" Costs, if Loan go off. (b)
To A.B., of &c. [intended mortgagee] .
Undertaking HAVING applied to you for the loan of the sum of
by a borrower . , . .. , , ,
to pay a , upon mortgage or the piece or hold
dwelling houses thereon, situate in
Street, at per cent, per annum
interest, I HEREBY UNDERTAKE AND AGREE that in the
event of such mortgage going off by reason or in con-
sequence of matters of title or on any other point than
your own default, I will pay to you on demand all costs you
may have incurred or be liable to pay in connection with
(a) See note (a) to Precedent 86, ante, p. 130.
(6) This or a similar undertaking should always be obtained by
an intended mortgagee or his solicitor on his behalf : (see Melbourne
v. Cottrell, 29 L. T. Rep. N.S. 293.)
UNDERTAKINGS. 285
the negotiation of the said loan, or the investigation of
my title to the said premises, and the valuation of the
property, or otherwise incidental thereto.
DATED the day of 18 .
C.D. [intended mortgagor'].
242. Undertaking by Solicitors in a Bankruptcy Precedent
to a Landlord on his withdrawing Bailiffs.
To A.B., of &c. [landlord] .
IN CONSIDERATION of your not selling at our request the Undertaking
goods and chattels distrained by you for rent a bankruptcy
claimed to be due to you from C.D. in respect of the O n hi*"
occupation by him of your dwelling house and premises
called Villa (the said C.D. being now a
bankrupt) until after the appointment of trustees in the
bankruptcy, WE UNDERTAKE that you shall be at liberty to
retain possession of the goods distrained until the said
appointment, and so long thereafter as may be necessary
to effect a sale, and that your doing so shall not be
deemed to be a trespass, nor in any way prejudice your
right to sell the said goods at any time notwithstanding
that the five days allowed (a) to landlords for keeping
possession shall have expired previously to the said sale.
AND, in the event of such sale taking place, you are to be
at liberty to retain out of the purchase moneys all
charges of and incidental to the said sale, and of keeping
such possession as aforesaid, together with all other
usual and proper charges.
DATED the day of , 18 .
E.F. and G-.H. [solicitors].
(a) See 2 Win. & M., Sess. 1, c. 5, s. 2.
286 PRECEDENTS IN CONVEYANCING.
Precedent 243. Undertaking by Members of a Land Society
on their Directors allotting the Shares in
Anticipation of the Period for Winding-up.
To the Directors of the Land Society.
Undertaking MEMORANDUM. THAT THE UNDERSIGNED members of the
by members of -,. n
a land society above-named bociety having severally paid to the trea-
aTrectors surer thereof the sum of per share in respect
shares in the society, and being now desirous of
cipation of the having the shares severally allotted and conveyed to
period for , . i T
winding.up. them respectively, or as they shall respectively direct,
without waiting for the final closing and balancing of
the accounts of the Society (it being considered probable
that further moneys may be required beyond the sum of
in respect of each share to cover expenses of
road making, sewering, allotment, surveyor's fees, law
charges, and other expenses), HEREBY SEVERALLY UNDER-
TAKE AND AGREE, on having their allotments conveyed as
aforesaid, to deposit in your hands the sum of
per share as a fund to be applied in addition to the said
sum of per share in or towards the several
items of expenditure hereinbefore mentioned, and all
other expenses (if any) incidental to the final winding-
up and closing the affairs of the said Society, and re-
leasing the trustees thereof ; and in case the said
per share shall not be sufficient for the pur-
poses aforesaid, WE HEREBY SEVERALLY AGREE to pay to
you or other the directora for the time being of the said
Society such further contribution or equal sum or sums
of money per share on the shares now held by us respec-
tively as may be required to meet the deficiency, and
until payment thereof the same, when ascertained, shall
be and continue an equitable charge upon the land con-
veyed to the member or members making default, and
all persons claiming under him or them; AND in case
any surplus shall remain in your hands on a final adjust-
UNDERTAKINGS.
287
ment and closing of accounts, such surplus is to be re-
turned to us respectively in the proportions to which we
are respectively entitled to the same; AND WE HEEEBY
SEVEKALLT BEQUEST and direct you and the survivors or
survivor of you, or his heirs, or your or his assigns, to
convey to us the several allotments of land to which we
are respectively entitled according to the ballot which
has already taken place, and subject to such restrictions
affecting the land and mode of building on and user
thereof, as heretofore adopted at a General Meeting of
the said Society, it being hereby declared that the said
sum of per share already paid is the full and
true consideration money, to be inserted in the convey-
ance as the purchase money for each allotment of land
without reference to the said expenses or other out-
goings.
Signatures of
members.
No. of shares
or
allotments.
Amount paid as
deposit under
this undertaking.
Witness.
s.
d.
244. Undertaking by a Mortgagee on a Mortgagor
suffering Judgment in Ejectment as Col-
lateral Security.
To A.B., of &c. [mortgagor] .
IN CONSIDERATION of your suffering judgment to go by
default in an action of ejectment to be commenced by
me, the undersigned C.D., against you in the Queen's
Bench Division of the High Court of Justice, I HEREBY
UNDERTAKE that I will not issue any writ of possession,
Precedent
244.
Undertaking
by a mortga-
gee on a
mortgagor
suffering
judgment in
ejectment as
collateral
security.
288 PRECEDENTS IN CONVEYANCING.
or other execution on the said judgment, unless and
until default shall be made by you in payment to me of
the principal moneys and interest for the time being,
owing on the security of an indenture of mortgage,
dated, &c., and made between you the said A.B. of the
one part, and myself of the other part, pursuant to the
terms of the said indenture.
DATED the day of , 18 .
C.D. [mortgagee}.
precedent 245. Undertaking by a Mortgagor on a Second
Mortgagee discharging a Building Society's
First Mortgage.
To A.B., of &c. [second mortgagee} .
Undertaking IN CONSIDERATION of your advancing and paying off for
gor^nTsecond me a ^ m 7 request the sum of to the trustees
discnar g -n a of tte Permanent Benefit Building Society,
building being the amount now due to the said Society in respect
mortgage. of shares held by me therein, and in full satis-
faction and discharge of all subscription moneys, fines,
and payments remaining due and secured by an inden-
ture of mortgage dated, &c., and made between myself
of the one part, and the then trustees of the said Society
of the other part [and, if so, a memorandum of further
charge dated, &c., endorsed on the foregoing indenture] .
Now I HEREBY AUTHORISE the said trustees to endorse the
usual statutory receipt for the said sum on the said
mortgage vesting the legal estate in the said mortgage
property in you. (a) AND I direct the said trustees to
(a) It is not necesssary that the receipt should specify the per-
son by whom the money has been paid. The person entitled to the
reconveyance is the person who is empowered to call upon the
holder of the legal estate and to demand a reconveyance from him
of such estate : (Barry's Law of Building Societies, 114. And see
Prosser v. Rice, 28 Beav. 68, and Pease v. Jackson, L. Rep. 1 Ch.
576.)
WILLS. 289
deliver to you all title deeds and writings in their
custody or control, belonging to me, and I request you
to hold the same, and the property therein comprised, as
security for the repayment of the said sum of ,
as well as for the moneys I am already indebted to you
by a mortgage, dated, &c., of the same property. AND
I UNDERTAKE AND AGREE that the power of sale and other
powers contained in the last-mentioned mortgage shall
be available to you, as well for the money thereby
secured as for the said sum of now advanced,
and the interest thereon. AND I AGREE on request to
execute and deliver to you at my own expense any
further mortgage or security you may require for
securing the said sum of and interest from
this date at the rate of per cent, per annum.
DATED the day of , 18 .
C . D . \mortgag or] .
246. Will of Real and Personal Estate. All to Precedent
Testator's Wife absolutely (concise form). 246<
I. A.B., of &c., REVOKE every testamentary writing by Devise and
me heretofore made, and DECLARE this to be my last to wife.
will. I DEVISE AND BEQUEATH all the real and personal
estate to which I shall be entitled at the time of my
death, or which I shall then have any power to
appoint or dispose of by will, unto my dear wife B.B.
(a) For the statutory enactments affecting wills, see 12 Car. 2.
e. 24 ; 1 Yict. c. 26 ; 15 & 16 Viet. c. 24 ; 24 & 25 Viet. c. 114 ;
and 24 & 25 Viet. c. 121.
U
290 PRECEDENTS IN CONVEYANCING.
absolutely, subject as to trust and mortgage estates to
Appointment the equities affecting the same respectively. AND I
of executor. . , . . . . < , i -n T
APPOINT my said wire executrix or this my will. IN
WITNESS, &c.(a)
precedent 247. Will of Personal Estate only. Pecuniary
* Legacies. Residue to Grandchildren on
Condition that none of them Marry into a
Certain Family with Gift over.
THIS is THE LAST WILL of me, A.B., of &c. I REVOKE
every testamentary instrument by me heretofore made,
Appointment AND I APPOINT C.D., and E.F., of &c., trustees and execu-
eieratSs! aild tors of tnis m J wil1 - J DIRECT the payment of all my just
Bequests to debts, funeral, and testamentary expenses. I BEQUEATH
to my niece G.H. the sum of , and such articles
of my household furniture as my daughter M. shall think
Legacy to son. proper to allow her to select. I BEQUEATH to my son
B.B. the sum of , as an acknowledgment for
Direction to the presents and kindness I have received from him. I
for benent S of m DIRECT that in case my grandson C.B., son of the said
grandson. B.B., shall be living at my death, my trustees shall set
apart and invest on any security they think proper, the
sum of , AND shall accumulate the same and
pay the said legacy and accumulations to the said B.B.
at any time after my said grandson shall attain the age
of years, to be applied by the said B.B. in or
towards finishing the education of my said grandson or
otherwise for his benefit ; but if my said grandson shall
die before attaining the age of years, the said
legacy and accumulations shall be IN TRUST for all the
children, or any the child of my son H.B., living at the
time of the death of my said grandson, and if more than
(a) For forms of testimonium, see Precedents 236 and 237, ante,
pp. 280, 281 ; and of attestation, Precedents 57 to 62, ante, pp.
8487.
WILLS. 291
one in equal shares. I BEQUEATH all the residue of General
my personal estate and property unto the said C.D. residue for
and E.F. in trust for all the children, or any the child ^ r h a n S dren
of my said daughter M., who shall be of or shall attain * w t n ty'
J one and shall
attain the age of twenty-one years, and who shall not not previously
previously to attaining that age have married directly into a certain
into the blood of the Y. family, and if more than one in family -
equal shares. AND I DECLARE that if any child of my Gift over on
said daughter shall marry directly into the blood of the condition.
Y. family contrary to my will, such child shall thereupon
lose all share and interest under my will, and the share
of such child shall go to the child or children of my said
daughter who shall not so marry, and if more than one in
equal shares ; but if all the children of my said daughter
shall die before attaining the said age, or shall have all
married directly into the blood of the Y. family con-
trary to my will, then, and in either of such cases, the
said trustees shall be possessed of the said residue of my
personal estate and property IN TEUST for such of the
children of my said son H.B. as shall be living at the
time when the preceding trust in favour of the children
of my daughter M. shall fail, and, if more than one, in
equal shares. IN WITNESS, &c.
248. Will of Real and Personal Estate. Uncon- Precedent
verted to Daughter at twenty-one. If she 248>
die before attaining that Age for Sale and
Division in specified Shares among a Cousin,
a Nephew, and two Brothers.
THIS is THE LAST WILL of me, A.B., of &c. I REVOKE
every testamentary instrument by me heretofore made,
AND I APPOINT C.D. and B.F., of &c., trustees and execu- Appointment
tors of this my will. I DIRECT the payment of all my
u 2
292 PRECEDENTS IN CONVEYANCING.
General devise just debts, funeral, and testamentary expenses. I DEVISE
AND BEQUEATH unto the said C.D. and E.F. all the real
and personal estate and property of or to which I shall at
my death be seised, possessed, or entitled, or which I
shall then have any power to appoint or dispose of by
will. To hold the same UNTO and to the use of my said
trustees, their heirs, executors, administrators, and
assigns, according to the tenures and legal natures of
In trust for the same respectively, IN TRUST for my daughter B.B.
shall attain 8 ^ sne shall be or shall attain the age of twenty-one years,
twenty-one, j^ jf ^Q s h a }i ft{ e under that age then UPON TRUST that
In default in .
trust for sale, my said trustees or the survivor of them, his heirs, exe-
cutors, or administrators, shall sell the said real and
personal estate and property, either together or in
parcels, and either by public auction or private contract,
and shall be possessed of the moneys arising therefrom,
Proceeds to be AS TO part thereof IN TRUST for my cousin E.F.,
amongst a AS TO & further part thereof IN TRUST for my
nephew \nd ne P new Gr.H., and AS TO all the residue of the said trust
two brothers, money IN TRUST for my brothers I.B. and K.B. in equal
Deviseoftrust shares. I DEVISE AND BEQUEATH all estates vested in me
gagecfestates. u P n trust or mortgage unto the said C.D. and E.F.,
their heirs and assigns, upon the trusts, and subject to
the equity of redemption subsisting therein respectively.
Power to AND I HEREBY DECLARE that the power of appointing a
trustees. 110 new trustee or trustees of this my will shall be exercis-
able by the surviving or continuing trustee for the time
being, or the executors or executor, administrators or
administrator, of the last surviving or continuing trustee,
or by the last retiring trustees or trustee, and upon any
such appointment the number of trustees may be aug-
mented or reduced. IN WITNESS, &c.
WILLS. 293
249. Will of Real and Personal Estate. Fur- Precedent
niture and Household Effects to two Sisters *
until Marriage or Death of one and then
entirety to the other. Pecuniary Legacy to
a Niece at Twenty-one or Marriage. Resi-
due for Sale and Investment. Income to
Sisters until Marriage of one, and then
entirety to the other. If loth Sisters marry
Income to be divided into Three Parts and
paid to them and Niece during Life. Ulti-
mate Division of Capital and Income into
Shares among their Issue, and in Default to
Brothers and their Issue.
THIS IS THE LAST WILL of me, A.B., of &C. I BEQUEATH Bequest of
all my plate, furniture, and other household effects to my houTehofd^
sisters B.B., and C.B., until one of them shall marry or g*^ *
die, and after the marriage or death of one of them my
said sisters, I give the whole of such plate, furniture, and
other household effects to the other of them for her abso-
lute use. I DEVISE AND BEQUEATH One share of Bequest to
the gross value of all my estate at my decease, except m
the said plate, furniture, and household effects, without
making any deductions for debts or expenses of any kind,
to my niece G.H., on her attaining the age of twenty-one
years, or marrying before such age ; but, in case of her
death before the age of twenty- one years, and unmarried,
the said one share shall fall into the residue of
my estate. I DEVISE AND BEQUEATH all the residue of my General
estate, real and personal, to my said sisters B.B. and C.B.,
their heirs, executors, administrators, and assigns, UPON residue -
TRUST that the said B.B. and C.B., or the survivor of sale.
them, or the heirs, executors, or administrators of such
survivor, shall sell the same either together or in parcels,
and either by public auction or private contract, and
294 PRECEDENTS IN CONVEYANCING.
Trusts of shall out of the moneys arising from such sale or sales,
and the money of which I shall be possessed at my
To pay funeral death, pay my funeral and testamentary expenses and
deEts 1 , and debts, and the legacy hereinbefore bequeathed to the
invest residue sa ^ Gr.H. on her attaining the age of twenty-one years,
or marrying whichever shall first happen, and shall invest
the residue of the said moneys in the names or name of
the said trustees or trustee for the time being of this my
will in any of the public stocks or funds, or Government
securities, of the United Kingdom, or upon freehold or
leasehold securities in England or Wales, or upon the
shares or securities of any Company or Corporation,
whether commercial, municipal, or otherwise, carrying on
business, or constituted for any purpose in the United
Power to vary Kingdom. AND I DECLARE that the said trustees or
trustee may vary the said stocks, funds, shares, and
securities at their or her discretion, and shall pay the
Trusts of income of the said trust premises unto the said B.B. and
sisters 8 ' C.B., in equal shares so long as both remain unmarried,
and after the marriage of either of them, shall pay the
whole of the income of the said trust premises unto the
other of them during her life, or until she shall marry,
and in case of the marriage of the second of my said
sisters, then after her marriage the said trustees or trustee
shall pay the income of one-third part of the said trust
premises unto the said B.B. during her life, and the
income of another third part of the said trust premises
unto the said C.B. during her life, and the income of the
remaining third part unto the said G.H. during her life.
Subject AND, subiect to the trusts hereinbefore expressed and
theretototheir / . J r
children who contained, 1 BEQUEATH one-third part or the said trust
twenty-on^in investments (hereinbefore called " the said trust pre-
thirds. mises ") unto all the children or any the child of the said
B.B. who shall attain the age of twenty-one years, and if
more than one in equal shares ; AND subject to the trusts
hereinbefore expressed and contained, I BEQUEATH another
WILLS. 295
third part of the said trust investments unto all the
children or any the child of the said C.B., who shall
attain the age of twenty-one years, and if more than one
in equal shares ; AND subject to the trusts hereinbefore
expressed and declared, I BEQUEATH the remaining third
part of the said trust investments unto all the children
or any the child of the said Gr.H. who shall attain the age
of twenty-one years, and if more than one in equal
shares ; AND if any of them the said B.B., C.B., and G.H., And in default
shall die without issue, or shall die leaving issue who
shall not attain the age of twenty-one years, then I
BEQUEATH the share or shares of the said trust invest-
ments, which otherwise would have gone to her or their
children or child under the trusts aforesaid, unto my
brothers E.B. and F.B. in equal shares, or in case of the
death of either of them without issue at the time of the
death of any of them the said B.B., C.B., and Gr.H.
without issue, then the whole of such share or shares
respectively shall go to the other of my said brothers, or
if he shall then be dead, to his children in equal shares,
and if he shall have but one child, then to such child
absolutely. PROVIDED ALWAYS, that the said trustees or Advancement
trustee may raise any part not exceeding one-half of the c
then expectant presumptive or vested share of any child
under the trusts hereinbefore declared, and apply the
same for his or her advancement or benefit. I DECLARE Power to
that the said trustees or trustee may permit my personal sonaTgstate to
estate or anv part thereof to remain in its actual state of f^ 11 " 1 on the
J r f investments
investment at the time of my death for such period of subsisting at
time as they or she shall think fit. AND I DECLARE that death.
the said trustees or trustee shall apply the whole or such Maintenance
part as they or she shall think proper of the annual
income of the share to which any child shall for the time
being be entitled in expectancy under the trusts herein-
before declared for or towards the maintenance or educa-
tion of such child, either directly or to his or her guardian
296 PRECEDENTS IN CONVEYANCING.
or guardians without seeing to the application, or being
accountable for the misapplication or nonapplication
thereof, and shall accumulate any residue by investing
it in any of the modes hereinbefore mentioned, with power
for the said trustees or trustee to resort to the accumula-
tions of any preceding year or years, and apply such accu-
mulations for or towards the maintenance or education
of the child for the time being presumptively entitled
to the same respectively. [Devise of trust and mortgage
estates to B.B. and C.B., and power to appoint new
Appointment trustees as in the preceding Precedent. ~\ AND I APPOINT
the said B.B. and C.B. executrixes of this my will. IN
WITNESS, &C.
Precedent 250. Will of a Married Woman under a Power
25 - contained in her Father's Will, appointing
Property in Favour of her Children and
Grandchildren at Twenty-one or Marriage.
In Default to Husband.
THIS is THE LAST WILL of me, A.B., wife of C.B. of &c.
Recital of WHEREAS under the will of my late father, Y.Z., of &c.,
power. a deceased, I am entitled to a share of the moneys to
arise from the sale and collection of his real and per-
sonal estate and the accumulations thereof, and such
share stands limited in trust as to the income thereof for
myself for my separate use for life, and after my death
in trust as to the capital and income for all or any one or
more of my children and issue in such proportions and
subject to such conditions and limitations over in favour
of any other or others of the said children and issue, and
with such regulations for maintenance, education, and
advancement, and to be paid or transferred at such age
or ages, either absolutely or upon contingencies, as I,
whether covert or sole, should at any time, or from time
WILLS. 297
to time, by deed or by will or codicil, direct or appoint.
Now, in exercise and execution of all and every power
and authority, powers and authorities whatsoever to me
given or enabling me in this behalf, whether special,
general, or otherwise, I APPOINT, BEQUEATH, AND DIRECT Appointment.
that all and every the said trust moneys directed to be
held in trust for me and my children and issue as in my
said father's will mentioned, and over which I have any
power of appointment, shall from and after my decease
remain and be, and the trustees or trustee for the time
being of my said father's will shall stand possessed
thereof and of the annual income thereof IN TRUST for all In trust for
my children or any my child, and for all the children or grandchildren.
any the child then living of any children or child of mine
as shall die before obtaining a vested interest under the
trusts of my said father's will, who being males or a
male shall be of or shall attain the age of twenty-one
years, or being females or a female shall be of or shall
attain that age or marry, and if more than one in equal
shares, but so that any grandchildren of mine shall take
only the share which their deceased parent would have
taken if living. AND I DIRECT the trustees or trustee for Maintenance
the time being of my said father's will to pay the annual
income of the share to which any minor shall after my
death for the time being be presumptively entitled in
expectancy under the trusts contained in my said father's
will to my said husband, C.B., or other the guardian or
guardians of such minor, to be applied by him or them
in or towards the maintenance or education of such
minor, without requiring any account of the expenditure
thereof. AND I ALSO DIRECT such trustees or trustee to Advancement
raise any part or parts of the then expectant presumptive c
or vested share of any minor under the same trusts, and
to pay the same to my said husband or other the guardian
or guardians of such minor, to be applied by him or them
for the advancement or benefit of such minor, without
298 PRECEDENTS IN CONVEYANCING.
Receipts of requiring any account of the expenditure thereof. AND
guardians to T ,-1.1 , < -j i i j
begooddis- 1 DECLARE that the receipts of my said husband or of
such guardian or guardians for any money paid or trans-
ferred to him or them by virtue hereof shall effectually
discharge the person or persons paying or transferring
the same from all liability to see to the application thereof.
BUT IN CASE there shall be no child or children of mine
living at my death, or any issue then living of any child
or children of mine previously deceased as shall live to
obtain a vested interest under the trusts of my said
Appointment father's will, then I APPOINT, GIVE, AND BEQUEATH to my
husband C.B. the whole of the share to which I am
takin 8 en titled under my said father's will, and the unapplied
effect. ' income (if any) thereof for his own use absolutely.
Appointment AND I APPOINT my said husband executor of this my will.
of executor. T " '
IN WITNESS, &C.
Precedent 251. Will of Real and Personal Estate. Furni-
2gl - ture to Wife. Trusts for Sale and Invest-
ment. Income to Wife for Life, and after-
wards Capital and Income to Children
equally. Ultimate Trust for Sisters and
Brothers.
THIS is THE LAST WILL of me, A.B., of &c. I REVOKE
every testamentary instrument by me heretofore made,
Appointment AND I APPOINT C.D. and E.F., of &c., to be trustees and
executors. executors of this my will. I BEQUEATH all my household
Bequest of furniture, plate, jewellery, linen, china, glass, pictures,
household engravings, personal and household ornaments, house-
effects to wife. , . . , . . , . , , ,, T
keeping stores, wines, and provisions which shall be in
and about my dwelling house at the time of my death, to
my dear wife C.B., for her own use, and subject thereto
Generaldevise I DEVISE AND BEQUEATH unto my said trustees hereinbe-
WILLS. 299
fore named all the real and personal estate and property, and bequest of
of or to which I shall at my decease be seised, possessed,
or entitled, or which I shall then have any power to
appoint or dispose of by will, to hold the same UNTO and
to the use of my said trustees, their heirs, executors,
administrators, and assigns, according to the tenures and
legal natures of the same respectively, upon the trusts
hereinafter expressed concerning the same, that is to say,
UPON TKUST to sell the same either together or in parcels, In trust for
and either by public auction or private contract, with
power to make such stipulations and conditions con-
cerning any sale as such trustees or trustee shall think
reasonable, and out of the moneys arising from such sale Trusts of
or sales, and the moneys of which I shall be possessed at
my death, to pay my funeral and testamentary expenses
and debts. AND I DIRECT the trustees or trustee for the To pay
time being of this my will to invest all the residue and p ^nses and
remainder of my estate in their or his names or name in, vestreddue"
&c. [continue trust for investment and power to vary
securities as in Precedent 249, ante, p. 294]. AND shall Trusts of in-
pay the income of the said trust investments unto my f or iif e .
said wife C.B. during her life and after her death as to
the principal of the said trust premises, with the future
income thereof, IN TRUST for all my children or any my Afterwards
child who, being sons or a son, shall be of or shall attain a t twenty-one
the age of twenty-one years, or, being daughters or a or mama & e -
daughter, shall be of or shall attain that age, or marry,
and if more than one in equal shares as tenants in
common. BUT IN CASE there shall be no child or
children of mine living at my death, or any issue then
living of any child or children of mine then dead, I
DIRECT that the said trustees or trustee shall be possessed
of the said trust investment, and the annual income
thereof, or such part thereof as shall not have become
vested or been applied under any of the trusts herein
contained, IN TRUST for such of my three sisters, D.B.,
300 PRECEDENTS IN CONVEYANCING.
In default for E.B., and F.B., as shall be living at the time when the
unmarried .. ... . 1-11
sisters. aforesaid trust in favour of my children and their issue
shall fail or become incapable of taking effect, and if
more than one of my said sisters shall be then living and
Ultimate unmarried in equal shares. AND if all my said three
brothers and sisters shall then be or have been married, IN TRUST for
and to be equally divided between and amongst all my
brothers and sisters then living, and the issue then living
of any brother or sister of mine then dead, such issue
nevertheless, if more than one, taking equally between
them the share to which the deceased parent of such
Advancement issue would have been entitled if living. AND I DECLARE
that the said trustees or trustee may after the death of
my said wife raise any part not exceeding one-half of the
then expectant or presumptive share of any minor under
the trusts hereinbefore declared for his or her advance-
ment or benefit. AND I DECLARE that the said trustees or
trustee shall after the death of my said wife apply, &c.
[continue maintenance and accumulation clauses using the
the word "minor" in lieu of "child," as in Precedent
249, and add a devise of trust and mortgage estates, and
power to appoint new trustees, as in Precedent 248 ante,
p. 292] . IN WITNESS, &c.
Precedent 252. Will of Widow of Real and Personal Estate.
252 ~ Trust for Sale and immediate Division of
Proceeds after Payment of a pecuniary
Legacy and Debts.
THIS is THE LAST WILL of me, A.B., of &c. I REVOKE
every testamentary writing by me heretofore made, and
Generaldevise I GIVE, DEVISE, AND BEQUEATH unto C.D., of &C., all, &C.,
^ trust for [continue trust for sale down to payment of debts as in
sale, &c.
WILLS. 301
preceding Precedent, then proceed], and the expenses
attending the execution of this my will, and pay to
E.F., at present residing with the said C.D., the legacy
or sum of , and to be possessed of the residue of
the said trust moneys, AS TO four-ninths thereof IN TRUST Pecuniary
for G.H., of &c.. if living at the time of my decease, or. i! &a . c /" ,
& * Eesidne for
if then dead, for all her children, or any her child, who, immediate
being sons or a son, shall be of or shall attain the age among speti-
of twenty-one years, or, being daughters or a daughter, fied P ersons -
shall be of or shall attain that age, or marry, and, if
more than one, in equal shares as tenants in common abso-
lutely, and AS TO three equal ninth parts of the residue of
the said trust moneys, IN TRUST for J.K., of &c., if living,
&c. \_as in preceding limitation}, and AS TO the re-
maining two equal ninth parts of the said residuary,
trust moneys IN TRUST for L.M., of &c., if living at the
time of my decease, or, if then dead, unto her daughter
N.M. AND I DIRECT my said trustee or trustees to in- Power to in-
vest any money which shall be in his or their hands and
not immediately payable to any person or persons in,
&c. [continue, according to the references in the preceding
Precedent, trust for investment and power to vary secu-
rities ; advancement, maintenance, and accumulation
clauses, using the word " minor" in lieu of "child;"
devise of trust and mortgage estates, and appointment
of C.D. as executor], IN WITNESS, &c.
253. Will of Real and Personal Estate in Favour precedent
of Natural Children. Ultimate Trust for 253 -
Executors.
THIS is THE LAST WILL of me, A.B., of &c. I REVOKE
every testamentary instrument by me heretofore made,
302
PRECEDENTS IN CONVEYANCING.
Appointment
of trnstees,
executors, and
guardians.
General
devise and
bequest.
Trust of pro-
ceeds.
For main-
tenance of
natural
children until
twenty -one
and after-
wards for
division be-
tween them.
Ultimate
trust for
executors.
Direction as
to religions
education of
children.
AND I APPOINT C.D. and E.F., of &c., to be executors and
trustees of this my will and guardians of my illegitimate
infant children hereinafter mentioned, during their re-
spective minorities. I DEVISE AND BEQUEATH unto the
said C.D. and E.F. all the real and personal estate, and
property of or to which I shall be seised, possessed, or
entitled at the time of my decease, or which I shall
then have any power to appoint or dispose of by will, to
hold the same UNTO and to the use of the said C.D. and
E.F., their heirs, executors, administrators, and assigns,
according to the tenures and legal natures thereof, UPON
TRUST, to pay and apply the net proceeds thereof for or
towards the maintenance, education, and preferment of
my two illegitimate children, known by the names of
B.B. and C.B., until they shall respectively attain the
age of twenty-one years. AND upon the younger of the
said children attaining the age of twenty-one years, to
divide in equal shares between them, or pay to the
survivor of them, any balance that may not have been
applied in the maintenance, education, and advancement,
of the said children respectively. BUT IN CASE both the
said children shall die under the age of twenty-one
years, then I DIRECT that such part of my said estate
and effects as shall not have been previously applied in
the maintenance, education, and advancement of my
said children, shall be divided equally between the said
C.D. and E.F., and their respective executors, adminis-
trators and assigns ; and I give and bequeath the same
to them accordingly. I DIRECT that my said children
shall be educated in the Protestant faith. IN WIT-
NESS, &c.
WILLS. 303
254. Will of Widow of Real and Personal Estate. Precedent
Trust for Sale and Investment. Income ?5f"
to be divided between two Daughters for
Separate Use for Life, and afterwards
Capital to be divided between their Chil- .
dren. If one Daughter die in the Lifetime
of the other without Issue, whole Income to
Survivor and Capital to Survivor's Children.
If both die without Issue, to Next of Kin.
Provision for Payment or Deduction of
Debt due from one Daughter's Husband to
Testatrix.
THIS IS THE LAST WILL of me, A.B., of &C. I REVOKE General devise
every testamentary writing by me heretofore made, AND ai
I GIVE, DEVISE, AND BEQUEATH Unto C.D., of &C., all &C.
[continue trust for sale down to payment of debts as in
Precedent 251, ante, p. 299, then proceed] , and shall invest
the residue of the said moneys in the name or names of
the trustee or trustees, for the time being of this my
will in or upon any securities he or they may deem ad-
visable, whether authorised by statute or not, with power
from time to time to alter, vary, or transfer all or any of
such investments for others of a like nature, or to con-
tinue any investments subsisting at the time of my
death, and shall pay one moiety or equal half part of
the income of the said trust premises unto my daughter Trusts of pro-
E.F., the wife of F.F., of &c., during her life; and shall One nwfefc. d
pay the other moiety, or equal half part thereof, unto ^ C01 ? for one
my daughter G.B., during her life. AND I DECLARE that remaining
the respective shares of my said daughters shall be for her y
their respective separate use, without power of anticipa- dan & hter -
tion, and their receipts alone shall be sufficient dis-
charges for the same respectively. AND subject to the Subject to
trusts hereinbefore expressed and declared, I GIVE AND trust capital
304 PRECEDENTS IN CONVEYANCING.
to each of BEQUEATH one moiety, or equal half part of the said trust
with gift over, investments unto all the children, or any the child, of the
said E.F., and if more than one in equal shares. AND
subject to the trusts hereinbefore expressed and declared,
I GIVE AND BEQUEATH the other moiety, or equal half
part, of the said trust investments unto all the children,
or any the child, of the said G.H., and if more than
one in equal shares. BUT IN CASE of the death of either
of my said daughters without issue, then I HEREBY WILL
AND DECLARE that the moiety of such daughter so dying,
and the accumulations and income thereof, shall be held
IN TRUST for the other of them my said daughters during
her life, and after her death for any her children or
child in like manner as the original moiety is herein -
Ultimate before given to her and them. BUT IN CASE both my
testator's said daughters shall die without issue, then I GIVE AND
next of kin. BEQUEATH the whole of the said trust investments and
the accumulations and income thereof unto my next of
kin according to the statutes for the distribution of the
Provision as effects of intestates. AND WHEREAS the said F.F. is
to testator" 18 ' indebted to me in for money lent by me to him.
*"*** Now I DECLARE that if such loan shall not be repaid
in my lifetime, the same shall be deemed an advance to
the said E.F. on account of her share, but if the said
debt, or any part thereof, shall be repaid in my lifetime,
then I direct that the said F.F. shall have so much
more added to her share as will make up her share
Declaration equal to that of her said sister. AND I DECLARE that the
' 0611 * sliare to which anv cllild of m J said daughters shall be
entitled under the trust aforesaid shall be paid (if a
son) on his attaining twenty-one, or (if a daughter) at
that age or marriage [add advancement, maintenance,
and accumulation clauses ; devise of trust and mortgage
estates ; and appointment of C.D. as executor} . IN WIT-
NESS, &c.
WILLS. 305
255. Will of Widow exercising a Power con- Precedent
tained in her Marriage Settlement appoint-
ing Property comprised therein, and devising
other Property to Trustees. Trust for S,ale.
Bequest of numerous pecuniary Legacies
with Provision against Lapse. Residue to
Brother.
THIS is THE LAST WILL of me, A.B., of &c. WHEREAS by Eecitai of
an indenture dated, &c., and made between myself (then
A.C., spinster) of the first part, B.B. of the second part,
and W.X. and Y.Z. (trustees) of the third part (being a even date,
settlement made in consideration of the marriage shortly
afterwards solemnised between myself and the said
B.B.), certain hereditaments and premises were granted
and conveyed unto the said W.X. and Y.Z., their heirs
and assigns upon trust after the solemnisation of my
marriage with the said B.B., that they, or the survivor of
them, or the executors or administrators of such sur-
vivor, should, with my consent, during my life, and after
my decease at the sole discretion of the said trustees
make sale of the said hereditaments and premises in
manner therein mentioned, and should stand possessed of
the moneys to arise from such sale (after payment
thereout of all expenses) upon such, and the same trusts,
and subject to such, and the same powers and in such
manner in all respects, as were or should be declared of
and concerning a certain sum of in and by a
certain indenture, bearing even date with the now
reciting indenture. AND WHEREAS by another indenture, Of settlement
also dated, &c., and made between M.N. of the first
part, the said W.X. and Y.Z. of the second part, myself
of the third part, and the said B.B., of the fourth part,
it was thereby agreed and declared between and by all
the said parties thereto, that the said W.X. and Y.Z.,
their executors, administrators, and assigns, should stand
x
306 PRECEDENTS IN CONVEYANCING.
possessed of the said sum of , upon trust that
they or the survivor of them, and the executors or
administrators of such survivor, should, as soon as con-
veniently might be after the execution of those presents,
lay but and invest the same in their or his names or
name, in or upon the securities therein authorised, in
trust as to the income thereof for myself, for my separate
use for life, without power of anticipation, and after my
death in trust as to both capital and income as I should,
And of tes- by my last will and testament, appoint. AND WHEBEAS I
tator's desire -.
to exercise am desirous or exercising the power given or reserved
to me by the lastly-recited indenture, and of devis-
ing and bequeathing all my property, both real and
personal, in manner hereinafter mentioned. Now by
virtue and in execution of all and every power and
authority, powers and authorities, whatsoever to me
given or enabling me in this behalf, whether special,
Appointment, general, or otherwise, I HEEEBY APPOINT the said here-
ditaments and premises comprised in the hereinbefore
firstly-recited indenture, if remaining unsold at the time
of my decease, or, if then sold, the moneys which shall
have arisen from the sale thereof ; and the investments
of the same, and the accumulations and income, or so
much thereof respectively as shall not have been applied
under any of the trusts or powers in the hereinbefore
secondly-recited indenture contained. AND also all and
singular the said sum of , and the stocks,
funds, and securities for the same, and the dividends and
annual produce thereof TO THE USE of the said W.X. and
Y.Z., their heirs, executors, and administrators, UPON
THE TEUSTS and subject to the powers hereinafter
expressed concerning the same. I GIVE, DEVISE, AND
BEQUEATH all the real and personal estate and property of
or to which I shall at my decease be seised, possessed, or
entitled, or which I shall then have any power to appoint
or dispose of by will, irrespective of and in addition to
WILLS. 307
the said trust premises, subject to the trusts of the
hereinbefore recited indentures of, &c., respectively
UNTO and to the use of the said W.X. and Y.Z., their
heirs, executors, administrators, and assigns, according
to the tenures and legal natures of the same respectively,
upon the trusts hereinafter expressed concerning the
same ; that is to say, UPON TRUST that the said W.X. and in trust for
Y.Z., or the survivor of them, or the heirs, executors, or 8ae '
administrators of such survivor, shall sell the same, and
the property, stocks, funds, and securities for the time
being, subject to or held under the said hereinbefore
recited indentures of, &c., or either of such indentures,
together or in parcels, and either by public auction or by
private contract, with power to make such stipulations
and conditions concerning any sale as such trustees or Trusts of
trustee shall think reasonable, and out of the moneys pro
arising therefrom, and the moneys of which I shall be
possessed at my decease, and the unapplied dividends,
interest and income of the said trust premises and the
accumulations thereof, to pay my funeral and testa- TO pay
mentary expenses and debts, and the following pecuniary p^g, debts,
legacies or sums of money to the persons hereinafter and ce } ci ^ n
* pecuniary
named, that is to say, TO the said W.X. and Y.Z. legacies.
each, as an acknowledgment for the trouble
of executing the trusts of this my will ; TO my brother,
B.C., of &c., ; to my sister, C.C., of &c.,
. ; TO my nephews, M.N., of &c., and N.N.,
of &c., each. AND I DECLARE that if the said
B.C., C.C., M.N., and N.N., or any of them, shall die
before me, leaving issue, the legacy or legacies of the
person or persons so dying shall not lapse, but as to each
of the said legatees so dying, I give his, her, or their
respective legacy or legacies unto his, her, or their
respective issue, to be paid to and divided between such
issue, if more than one, in equal shares, as tenants in
common absolutely. I BEQUEATH to the children
x 2
308 PRECEDENTS IN CONVEYANCING.
of my said brother B.C. each, if living at the
time of my decease, or if any of them shall be then dead,
the legacy or legacies of the child or children so dying
shall be paid to and divided between the survivors and
survivor of them in equal shares as tenants in
common absolutely. I BEQUEATH to my stepdaughter
, if living at the time of my decease, or if then
Legacies to be dead to her nephew P.P., of &c. AND I BEQUEATH to
dut^ndin 0m Q-Q- - THE whole of the said legacies to be
respectively paid free from legacy duty(a), and the
separate legacy of any female to be enjoyed and disposed of by
her as separate property free from marital control, and
her receipt alone shall be a sufficient discharge to my
General devise said trustees or trustee for the same. AND, subject to the
oFresfdue 38 trusts aforesaid, I GIVE AND BEQUEATH all the residue of
my estate and property (including in such residue any of
the said legacies which may fail of effect by lapse or
otherwise) unto my said brother B.C., his executors,
administrators, and assigns absolutely. [Devise of trust
and mortgage estates and power to appoint new trustees
Appointment supra.~\ AND I APPOINT the said W.X. and Y.Z. execu-
. executors. ^ Qrg Q ^. g my ^^ hereby KEVOKING every testamen-
tary writing by me at any time heretofore made. IN
WITNESS, &c.
(a) As the Legacy Duty Act (36 G-eo. 3, c. 52) has not subjected
to legacy duty money which is to be appropriated in payment of the
duty on legacies, a saving of duty is effected by directing it to be
paid out of the general estate : (Hayes & Jarm. 211.)
WILLS. 309
256. Will of Real and Personal Estate. Pro- Precedent
2 'if*
visions for carrying on Business, and for
Sale to Sons. Annuity or Income (in the
Event of Sale) to Wife. Ultimate Division
of Capital and Income into Shares among
Children and Grandchildren. Full Powers
of Investment, and other usual Trustee
Clauses.
THIS is THE LAST WILL of me, A.B., of &c. I EEVOKB
every testamentary instrument by me heretofore made,
AND I APPOINT my dear wife B.B. and C.D., &c., to be Appointment
executrix and executor and trustees of this my will. I and'executora.
DEVISE AND BEQUEATH unto the Said B.B. and C.D. all General
devise and
the real, leasehold, and personal estate and property or bequest.
or to which I shall be seised or possessed at my decease,
or of which I shall then have any power to appoint or
dispose of by will, to hold the same UNTO and to the use
of the said B.B. and C.D., their heirs, executors, admi-
nistrators, and assigns, according to the tenures and legal
natures of the same respectively, upon the trusts and for
the purposes hereinafter expressed of and concerning the
same respectively, that is to say, AS TO all my wines, Wines and
liquors, fuel, housekeeping provisions, and other con- to'vrife'abso^
sumable stores, which shall at my decease be in and lutel y-
about my dwelling house, and also my wearing apparel,
IN TRUST for my dear wife, for her own absolute benefit ; Furniture and
AND AS TO my household goods and furniture, pictures, effects 'to wife
plate, linen, china, glass, and other articles of do- for ^ B>
mestic use, furniture, or ornament, which shall be in or
about my dwelling house at my decease, IN TRUST to per-
mit my wife to have the possession and use thereof
during her life ; AND upon her decease I DIRECT that the
same shall be sold under the general trust or direction
for sale hereinafter contained, and the moneys to be
produced thereby shall be held and be upon the same
310
PRECEDENTS IN CONVEYANCING.
Power to
carry on tes-
tator's busi-
ness till
youngest son
attains
twenty-one.
trusts that are hereinafter expressed, concerning the
moneys to arise under such general trust or direction
for sale. AND I EMPOWER the trustees and trustee for
the time being of this my will, if they, she, or he, shall
think proper to do so, to carry on the business of
a now carried on by me until there shall be no
son of mine living under the age of twenty-one years.
But I expressly empower such trustees or trustee for the
time being or (when more than two), the major part of
them in their, her, or his absolute discretion, to discon-
tinue to carry on such business at any time after my
decease, whether any son or sons of mine shall be under
the age of twenty-one years or not. AND I EMPOWER
such trustees or trustee to employ in such business,
while the same is carried on as aforesaid, such amount
of capital, and to enter into such contracts and engage-
ments, and do all such acts and things relating thereto
as they, she, or he shall think proper, and to engage and
employ any of my sons or such other persons for the
purpose of carrying on the same, with such salaries
or wages as such trustees or trustee shall think fit.
And generally to transact all matters and concerns
respecting the said business, and to do or cause to be
done all acts and things relative thereto in the same
manner in all respects as if they, she, or he -were
absolutely entitled to or interested in the premises;
it being my intention to give to such trustees and trustee
for the time being full power, authority, and discretion
to carry on such business as to them, her, or him shall
seem most advantageous without being subject in any
manner to the interference or control of any person
interested under this my will. AND I EMPOWER such
trustees and trustee for the time being to ascertain and
determine from time to time the amount of the net gains
and profits of the said business while carried on as afore-
said. And no person shall call in question the propriety
WILLS. 311
of the amount thereof so ascertained. AND I DIRECT that
such gains and profits so ascertained shall, subject to the
payment thereout of the annual sum hereinafter
mentioned to my wife, from time to time be added to the
moneys to be produced by the general trust or direction
for sale hereinafter contained, and be held and be upon
the said trusts as are hereinafter expressed concerning
the same moneys. AND it is my will that when my sons Sons to have
C.B. and D.B. shall both have attained the age of chasing' *
twenty-one years, or upon the earlier discontinuance of g^^ 38 ^
the said business under the discretion in that behalf seniority,
hereinbefore given to such trustees or trustee, the said
business and the goodwill thereof, and the stock and
effects of the same or employed therein, shall be sold to
such of my said two sons as shall be desirous of pur-
chasing the same, the option of such purchase being
given to the elder of my said two sons then living^
and if he should decline to purchase, then to the other
of my said two sons. AND such son as shall become Price to be
the purchaser shall pay as the purchase money the valuation!
value of the said goodwill, stock, and effects, to be
ascertained by three indifferent persons, one to be
chosen by the trustees or trustee for the time being of
this my will, one other by such son as shall become the
purchaser, and the third by such two persons so chosen,
or as shall be ascertained by any two of such three
persons. AND such purchase money shall be paid in Terms of
years, by equal half-yearly payments, paym
the first half-yearly payment to be paid calendar
months next after the amount of purchase money shall be
ascertained as aforesaid, and such son shall also pay
interest on such purchase money, or upon such part there-
of as shall for the time being be unpaid, at the rate of
per centum per annum by half-yearly payments.
AND such son shall give such security for payment of
such purchase money and interest as aforesaid as such
312 PRECEDENTS IN CONVEYANCING.
If sons decline trustees or trustee shall reasonably require. AND in case
business^) 6 be of a n y difference between them or him and such son as
to the security to be given, the same shall be determined
in such manner as is hereinbefore directed as to the
ascertainment of the amount of purchase money to be
paid as aforesaid. AND in case neither of my said two
sons shall desire to purchase as aforesaid, or in case at the
time of such trustees or trustee declining to carry on
such business, or discontinuing the same, neither of my
said two sons shall have attained the age of twenty-one
years, then the said business and the goodwill thereof,
and the stock and effects of the same or employed
therein, shall be sold under the general trust or direction
General trust for sale hereinafter contained. AND it is my will that
the trustees or trustee for the time being hereof (having
regard to the provisions hereinbefore contained) shall
sell all the said real and leasehold estate and property,
and such parts of the said personal property as shall not
consist of money, and collect and get in all moneys due
and owing to me, and shall, out of the moneys to arise
Trusts of from such sales and to be collected and got in, and the
moneys to arise from the sale of the said business and the
goodwill thereof, and of the stock and effects of the same,
To pay funeral pay my debts, my funeral and testamentary expenses, and
debts, and the expenses incident to the execution of this my will,
an< ^ a ^ so P r vide such mourning for my dear wife and
family, and otherwise, as to such trustees or trustee
shall seem proper, and shall also pay to my wife as soon
as conveniently may be the sum of for her
And invest immediate occasions. AND, subject as aforesaid, it is
my will that such trustees or trustee shall invest in
their, her, or his names or name in or upon such
stocks, funds, or securities as are hereinafter mentioned
in that behalf, all the residue of the moneys to arise
from the sale of the said real, leasehold and personal
estate and property, and from the sale of the said
WILLS. 313
business and the goodwill thereof, and the stock and
effects therein, and of the moneys to be collected and
got in as aforesaid, and also the net gains and profits of
the said business (after payment of the annual sum
hereinafter mentioned to my wife), and all other (if any)
the moneys forming part of the capital of my trust
estate. AND such trustees and trustee shall be .possessed
of all the said moneys, stocks, funds, and securities upon
the trust following, that is to say : IN TRUST to pay the And to pay
interest, dividends, and resulting income thereof unto wife'for life
my wife during her life. AND I DIEECT that she shall,
out of such income and the annuity hereinafter men- children.
tioned, while payable, maintain and educate such of my
children, who being sons or a son shall be under the age
of twenty-one years, and who being daughters or a
daughter, shall be unmarried, whether having attained
the age of twenty-one or not; BUT I DECLARE that the
other trustees or trustee of my will shall not be con-
cerned to see that such maintenance or education is
provided by my wife. AND it is my will that such Annuity to be
trustees or trustee shall, out of the net gains and profits profitsof
of the said business, if and so long as the same shall be
carried on under the foregoing direction in that behalf similar
pay unto my wife the yearly sum of , by
equal half-yearly payments in each year, as nearly as
may be from the day of my decease, if she shall be
living. But such yearly sum shall cease to be payable
on the discontinuance of such business, or on the death
of my wife, whichever event shall first happen. AND
it is my will, that if in any year the net gains and
profits of the said business to be ascertained by my
trustees or trustee for the time being, shall not amount
to the sum of , the amount only of such
net gains and profits shall be paid to her, instead
of the whole of such yearly sum, and the deficiency
shall not be made good out of the gains and profits of
314
PRECEDENTS IN CONVEYANCING.
Subject to pre
ceding trusts
for children
who shall
attain twenty
one or marry.
Shares of
daughters to
be for their
separate use.
Advancement
clause.
any other year, or out of any other part of the said
trust premises; and, subject as aforesaid, the trustees
and trustee for the time being of this my will shall be
possessed of the said moneys, stocks, funds, securities,
and trust premises, and the interest, dividends, and
resulting income thereof, IN TRUST for such of my
children as shall survive me, and who, being sons or a
son, shall at my decease have attained, or shall after-
wards attain, the age of twenty-one years; and who, being
daughters or a daughter, shall then have attained, or shall
afterwards attain, the age of twenty-one years, or shall
have married, or shall marry under that age; and for
such of the children of any of my children who may die
before me, as shall be living at my death, and as being
male shall attain the age of twenty-one years, or being
female shall attain that age, or marry under that age,
as tenants in common. But so that the children of any
deceased child of mine respectively shall be considered
collectively as only one child or individual, and take
amongst themselves only the share to which the deceased
child of mine of whom they are issue would have been
entitled if living at my death, and having attained the
age of twenty-one years. But it is my will that the
share of each of my daughters shall be for her separate
use independently of any husband, and her receipt alone,
whether covert or sole, shall be a discharge for the same.
PROVIDED ALWAYS, and I hereby declare that it shall be
lawful for the trustees or trustee for the time being of
this my will, in the lifetime of my wife, with her
consent in writing, to raise any part, not exceeding in
the whole one-half of the share of any of my sons who
shall have attained the age of twenty-one years, or of
any of my daughters who may marry, in my residuary
estate under the foregoing trusts, and to pay or apply
the same for his, her, or their preferment, advancement
or benefit, as such trustees or trustee shall think fit ; and
WILLS. 315
the interest of my wife in the income thereof shall there-
upon cease. AND I ALSO DECLARE that such trustees or Maintenance
trustee shall, from and after the death of my wife, pay c
or apply the whole, or such part as they or he shall think
fit, of the interest, dividends, and income of the share to
which any child or grandchild of mine shall, for the
time being, be entitled in expectancy under the trusts
hereinbefore declared, for or towards his or her main-
tenance or education, whether there be any other person
bound by law to provide for such maintenance or edu-
cation, or not, and may themselves or himself so pay or
apply the same, or may pay the same to the father of
such grandchild, or to the guardian of such child or
grandchild, for the purpose aforesaid without seeing to
the application thereof, and shall accumulate the residue,
if any, of the same interest, dividends, or income for the
benefit of the person or persons who under the trusts
herein contained shall become entitled to the principal
fund from which the same respectively shall have pro-
ceeded j but with power to apply such accumulations, -or
any part thereof, for or towards the maintenance or edu-
cation of the child or grandchild for the time being pre-
sumptively entitled to the same at any future period.
I GIVE AND DEVISE all the freehold and copyhold estates, Devise of
which at my death shall be vested in me upon any^^ge
trusts, or by way of mortgage, unto the said B.B. and estates.
C.D., their heirs and assigns, UPON THE TRUSTS, and sub-
ject to the equity of redemption, which at my decease
shall be subsisting or capable of taking effect therein
respectively. AND I EMPOWER the trustees and trustee Power to
for the time being of this my will to pay and satisfy any arrange
debts owing, or claimed to be owing, by or from me or
my estate, and any liabilities to which I or my estate may
be, or may be alleged to be, subject, upon any evidence
or for any reasons such trustees or trustee may think
proper, and to accept any composition or any security
316 PRECEDENTS IN CONVEYANCING.
for any debt or debts owing to me or my estate, and to
allow such time for payment of any such debt or com-
position for "a debt, as to such trustees or trustee shall
To compound seem reasonable. AND also to compromise or compound
or submit to arbitration, and settle all debts, accounts,
transactions, matters, and things, which shall be owing,
or claimed to be owing, from or to me or my estate, or
be depending, or arise between me or such trustees or
trustee and any other person or persons, either in relation
to the said business, or otherwise howsoever, and gene-
rally to act in relation to the premises as such trustees or
To postpone trustee shall think expedient. AND I EMPOWER such
trustees and trustee for the time being to postpone the
sale of all or any part of the said real, leasehold, and
personal estate and property, and to permit any part of
the said personal property to remain in or upon any
security or investment in or upon which the same may be
at my decease for any period of time such trustees or
trustee may think proper. But all the same premises
shall, in the meantime, be considered as money, and shall
be subject to all the trusts and purposes herein declared
of and concerning the said trust-moneys and premises.
And the net rents and resulting income thereof respec-
tively, whether the same may be of a terminable,
fluctuating, or uncertain character or otherwise, shall, in
the meantime, be paid or applied to the person or persons
for the purposes and in the manner to whom and for and
in which the interest, dividends, and income of the
moneys to arise from the sale of, or collecting, or getting
in the same respectively, and the securities and invest-
ments thereof would be payable or applicable under the
trusts herein declared, if the same had been invested
(but not so as to multiply or increase any annuity or
And to lease, charge) ; AND I EMPOWEE such trustees or trustee to
demise the said real and leasehold estate and property,
or any part or parts thereof for the time being remaining
WILLS. 317
unsold, for such periods of time, at such rents, and
subject to such agreements, covenants, and conditions as
such trustees or trustee shall think proper ; and out of
the rents and profits thereof to repair, improve, and
manage the same, as such trustees or trustee shall
consider judicious; and such trustees and trustee may
employ collectors, clerks, accountants, and other persons
to collect debts, rents, and other moneys, and otherwise,
in the administration of my trust property, and in making
out and keeping the accounts thereof with such salaries
and allowances as such trustees or trustee shall think
reasonable ; AND I DECLAEE that the sales hereinbefore Mode of
directed to be made (having regard to the special pro-
visions hereinbefore contained) may be made either by
public auction or private treaty, and in such lots, parcels,
and manner as to such trustees or trustee shall seem
proper; and such trustees or trustee may make any
stipulation as to title or evidence, or commencement of
title, or otherwise ; and may buy in or rescind any con-
tract for sale, and again proceed to a sale of the premises
so bought in, or as to which the contract for sale shall
be rescinded ; and such trustees or trustee may for all
or any of the purposes hereinbefore mentioned execute
and do all such assurances and things as they, she, or he
shall think fit ; AND I DECLARE that the discretion of the Trustees in-
trustees or trustee for the time being of this my will in
relation to all or any of the matters by this my will,
either expressly or by implication committed to their, her,
or his authority, judgment, or discretion, whether made
upon a question formally or actually raised or implied in
any of the acts or proceedings of such trustees or trustee,
and every act or omission of such trustees or trustee as
to any such matters shall conclude any person claiming
under this my will, and no person shall call in question
the propriety thereof ; and any trustees or trustee shall
not be accountable for any loss or damage which may be
318
PRECEDENTS IN CONVEYANCING.
Direction as
to invest-
ments.
occasioned thereby ; AND I DECLARE that the trustees and
trustee for the time being of this my will shall invest in
their, her, or his names or name all the moneys herein-
before directed to be invested, and any other money that
in the execution of the foregoing trusts it may be proper
to invest in any of the public stocks or funds, or Govern-
ment securities of the United Kingdom, or upon free-
hold, copyhold, or leasehold securities in England or
Wales, or in or upon the stocks, debentures, mortgages,
or securities of any Corporation or public body in the
United Kingdom, expressly authorised by an Act of
Parliament to borrow money ; AND such trustees or
trustee may from time to time vary or transpose such
stocks, funds and securities into or for others of the
And receipts, same or a like nature ; AND I DECLARE that the receipt of
the trustees or trustee for the time being of this my will
for the purchase moneys of any property hereby directed
or authorised to be sold, and for any other moneys which
may be paid, and for any stocks, funds, and securities
which may be transferred to such trustees or trustee under
or by virtue of this my will, or in execution of any of the
trusts or powers hereof, shall effectually discharge the
person or persons paying or transferring the same there-
from, and from being bound to see to the application, or
being answerable for the loss or misapplication thereof.
AND it is my will that if the trustees hereby constituted
or either of them should die in my lifetime, or should at
my decease refuse or be incapable or unable to act in t'he
trusts of this my will ; or if they or either of them, or
any trustees or trustee to be appointed as hereinafter
provided, or by the Court of Chancery, should after my
decease die or desire to be discharged, or refuse or
become incapable to act in the trusts or powers aforesaid
before the same shall have been fully performed ; or if
without any vacancy it shall be considered advisable to
increase the number of trustees, then and in every such
Power to
appoint new
trustees.
WILLS. 319
case it shall be lawful for the trustees or trustee for the
time being competent and willing to act, or if there
should be none such, then for the trustees or trustee
desiring to be discharged, or being unwilling to act, in
case all the competent trustees should be dead, and
whether dying before or after me, then for the acting
executors or executor, or administrators or administrator
of the last surviving competent trustee from time to
time, by any writing to appoint any other person or
persons to be a trustee or trustees, in the place of the
trustee or trustees so dying, desiring to be discharged,
or refusing or being unable or incapable to act as afore-
said, or in increase of the number of trustees ; AND that
upon any such appointment, the number of trustees may
be either increased or diminished ; AND that upon or in
anticipation of any such appointment, or from time to
time afterwards as circumstances will permit or may
require, all the moneys and property then subject to any
of the trusts of this my will, shall be so conveyed or
transferred that the same may be vested in the surviving
or continuing trustee or trustees, jointly with such new
trustee or trustees, or in such new trustee or trustees
solely, as the case may require ; AND I DECLARE that every
trustee appointed as aforesaid may, as well before as
after the trust premises shall have been so vested, act or
assist in the execution of the trusts and powers herein
contained, as fully and effectually as if he had been
originally by this my will appointed a trustee thereof.
IN WITNESS, &c.
257. Codicil reviving a Will revoked by Marriage, Precedent
and revoking two pecuniary Bequests, and 257>
giving an additional Legacy to two Brothers.
THIS is A CODICIL to the last will of me, A.B., of &c.,
which will bears date, &c. WHEREAS since the date of
320
PRECEDENTS IN CONVEYANCING.
marriage and
revoking two
pecuniary
bequests and
giving an
additional
legacy.
Precedent
258.
Codicil
patting a
married
daughter on
a footing with
her unmarried
or widowed
sisters and
excluding her
from sharing
in the residue.
the said will my late wife therein mentioned has died,
and I have intermarried with C.B. my present wife.
Now I HEREBY revive and confirm the said will except so
far as the same is altered or varied by this codicil. I
REVOKE the bequest unto my wife of the sum of
mentioned in my will. AND I ALSO REVOKE the bequest
therein contained unto C.D. and his successors of the
sum of for the purpose specified in the said
will, and direct that the same shall not be paid. I
BEQUEATH the sum of unto my brothers D.B.
and E.B., equally to be divided between them for their
own use and benefit in addition to, and not by way of
substitution or part substitution of, the devises and
bequests already made to them respectively by the said
will. AND in all other respects I REVIVE AND CONFIRM
my said will, and declare that the same and this codicil
are to be taken as containing together my last will. IN
WITNESS, &c.
258. Codicil of Widow, putting a married
Daughter living with her apart from her
Husband on a Footing with her un-
married or widowed Sisters, and excluding
her from Sharing in the Residue.
THIS is A CODICIL, &c. WHEREAS by my said will I ap-
pointed, devised, and bequeathed certain real and per-
sonal estate unto and to the use of my trustees therein
named upon trust to pay out of the annual income thereof
(after the termination of a prior life estate therein to my
husband in case he should survive me, which trust by
his death in my lifetime has become incapable of taking
effect) to such of my daughters as should then be un-
married, and to such of them as having been or being
married should then or thereafter become widows or a
widow, the annuity or yearly sum of each
WILLS. 321
during the time such of my said daughters so unmarried
as aforesaid should remain spinsters, and during the
widowhood of my said daughters so being or at any time
becoming widows or a widow as aforesaid, such annuity
to be paid to them by equal payments
in each year ; the first payment to be made
months after the death of my said husband if he should
survive me as aforesaid, and a proportionate sum to be
paid for the fractional portion of any current at
the time of her or their marriage or death. And upon
further trust to pay and divide the residue or surplus
(if any) of such annual income between and amongst the
remainder of my said children in equal shares. AND
WHEREAS my daughter E.F., the wife of F.F., is an
invalid and totally unprovided for, and is now living
with me, apart from her said husband, to whom in all
probability she will never return. Now I DECLARE that
it is my will and I hereby direct that my trustees for the
time being shall, so long as my said daughter E.F. lives
apart from her said husband F.F., pay to her out of the
annual income of my said real and personal estate as
aforesaid the like annuity or yearly sum of ,
in the same manner as is contained in the hereinbefore
in part recited will with reference to such of my daughters
as shall be unmarried or widows. PROVIDED ALWAYS,
that so long as the said E.F. continues to receive the
said annuity or yearly sum of she shall not be
entitled to share with the remainder of my said children
in the residue and surplus (if any) of such annual income
as hereinbefore mentioned. AND in all other respects
I RATIFY AND CONFIRM, &c. [as in preceding Precedent.]
IN WITNESS, &c.
322
PRECEDENTS IN CONVEYANCING.
precedent
Codicil be-
lapsed '
quests.
259. Codicil bequeathing lapsed Legacies and
reducing and increasing other Bequests.
I, A.B., of &c., DECLARE this to be a CODICIL to my will,
dated &c. WHEREAS since the date of my said will my
sister C.D. has died, I THEREFORE REVOKE all the legacies
and bequests contained in my said will to or in favour of
my said sister, and in lieu thereof I GIVE AND BEQUEATH
unto all the children or any the child of the said C.D.
living at my death, and if more than one in equal shares
as tenants in common, the like legacies and bequests
(except the pecuniary legacy of given by my
said will, which I now direct to be reduced to )
as are contained in my said will to or in favour of my
said sister, my intention being that the children or child
of my said sister shall stand in her place, and take all
the bequests given to her by my said will, except the
said legacy of , which I have hereinbefore
directed to be reduced as aforesaid; AND I HEREBY
DIRECT such reduced legacy to be paid to such children
or child in lieu of the said legacy of .1
REDUCE the legacy of to my sister E.F., or
her children or child as the case may be, to
AND I INCREASE the sum of , by my said will
directed to be set apart and invested for the benefit of
G.G., H.G. and K.G. to the sum of . I
BEQUEATH to each of my executors W.X. and Y.Z., who
shall act in the execution of the trusts of my will, the
sum of . AND WHEREAS G.H. named in my
said will is now dead, I THEREFORE REVOKE the legacy
of thereby given to him, and in lieu thereof
I BEQUEATH a legacy of to his brother H.H.
if he shall be living at my death, such sum to be paid
to his father, and to be by him applied towards the
education of the said H.H. ; BUT if the said H.H. shall
die before me, I DIRECT the said to be paid
WILLS. 323
to his mother for her separate use in addition to any
other benefit to which she may be entitled under my
said will. AND, subject to the alterations aforesaid, I
CONFIRM my said will. IN WITNESS, &c.
260. Codicil of Widow giving one of two Daughters Precedent
a Power of Appointment over her Moiety 26 -
and defeating Right of Survivorship as de-
clared by Will.(a)
THIS is A CODICIL, &c. WHEREAS by my said will I Codicil giving
declared that in case of the death of either of my daughters a
daughters therein named without issue, that the moiety anointment
of such daughter so dying and the accumulations and over her
income thereof should be held in trust for the other of defeating
them during her life and after her death for her
children or child. Now it is my will and I HEREBY ^jjj lar
DIRECT that in case of the death of my daughter G.B.
without leaving issue, and whether such death shall
happen in the lifetime of my other daughter or after her
decease, then the moiety of the said G.B. and the accu-
mulations and income thereof shall be held by the trustee
or trustees for the time being of my said will for such
person or persons and for such purposes as the said Gr.B.,
whether covert or discovert, shall by will or codicil
appoint. AND in default of any such appointment, and
so far as any such appointment shall not extend, the
said moiety shall be held on the original trusts in the
said will expressed concerning the same. AND in all
other respects I RATIFY AND CONFIRM my said will. IN
WITNESS, &c.
(a) The will here referred to is Precedent 254, ante, p. 303.
Y 2
324 PRECEDENTS IN CONVEYANCING.
precedent 261. Articles of Marriage.
261
' ARTICLES OP AGREEMENT made, &c., BETWEEN A.B., of &c.
Parties. [intended husband], of the first part, C.D., of &c.
[intended wife], of the second part, and E.F., of &c.,
Recital of and G.H., of &c. [trustees] of the third part. WHEREAS
marriage. a marriage is intended to be shortly had and solemnised
between the said A.B. and the said C.D., and in con-
sideration and contemplation thereof the said A.B. and
the said C.D. have arranged to enter into the agreement
Witnesseth. on their parts respectively hereinafter contained. Now
these presents witness :
Agreement 1. That the said C.D. and A.B., for themselves, their
ofVroperty of heirs, executors, and administrators, agree with the said
intended wife. E.F. and G.H., their executors, administrators, and
assigns, that they and each of them will, as soon as con-
veniently can be after the solemnisation of the said
marriage, make, execute, and perfect such deed or deeds,
assurance or assurances, as shall be necessary and proper
for conveying and assuring all the property real and
personal of which the said C.D. or the said A.B., in her
right, may now or at any time hereafter become seized,
possessed of, or entitled to to the said E.F. and G.H.,
their executors, administrators, and assigns, upon the
uses and for the trusts hereinafter mentioned, that is to
Trusts to be say, UPON TRUST to hold the same during the life of the
thereof. said. C.D. to the use of the said C.D., free from the
control of the said A.B., or any future husband, and
without power of anticipation during coverture, and after
the death of the said C.D. to the use of the said A.B.
during his natural life, or until he shall become a bank-
MISCELLANEOUS. 325
rupt, or assign, charge, or incumber the same, or attempt
so to do, whichever shall first appear, and from and after
the determination of the estate or interest of the said
A.B., if he shall survive the said C.D., or from and after
the death of the said C.D. to the use of such child or
children of the said C.D. and A.B. as shall attain the age
of twenty-one, and if no child or children of the said
A.B. and C.D. shall attain that age, to the use of the
heirs, executors and administrators of the said C.D.,
according to the nature and quality thereof.
2. That the said A.B., for himself, his heirs, executors, Agreement by
and administrators, agrees with the said E.F. and G.H., husband to
their executors, administrators, and assigns, that he will, Jf f g Ure his
with all convenient speed after the solemnisation of the
said marriage, insure his life in some solvent and respect-
able life assurance office for the sum of at the
least, and will assign and convey the same as nearly as
can lawfully and effectually be done to the uses and upon
the trusts hereinbefore contained.
3. That it is agreed by and between the parties hereto Settlement to
that all deed or deeds, assurance or assurances, to be usual and
made and executed in pursuance of these articles shall covenants &c
contain all usual and proper covenants, provisoes, agree-
ments, and declarations for the indemnity and reimburse-
ment of trustees for the appointment of new trustees for
making the receipts of the trustees sufficient discharges
for the maintenance and education of children for the
sale or conversion of the property hereby agreed to be
conveyed or assigned with the consent of the person (if
any such) for the time being entitled to the produce
thereof, and the settlement of the proceeds of such sale
or conversion as nearly as may be to the uses and upon
the trusts hereinbefore contained, and for keeping in
force the said policy of assurance and all other proper
clauses for enabling the trustees to execute and perform
the trusts reposed in them. As WITNESS, &c.
326 PRECEDENTS IN CONVEYANCING.
Precedent 262. Bond to secure faithful Discharge by an
Agent of his Duties.
Bond. KNOW ALL MEN by these presents, that I, A.B., of &c.
[agent], am held and firmly bound to C.D. and E.F., of
&c. [principals], in the sum of , of lawful
money of Great Britain. AND that we, W.X. and Y.Z.,
of &c. [sureties], are held and firmly bound unto the
said C.D. and E.F. in the sum of of like,
lawful money, each such sum and sums to be paid to the
said C.D. and E.F. or their certain attorney, executors,
administrators, or assigns, FOE THE PAYMENT of which
several sums to be well and truly made we bind our-
selves jointly, and each of us binds himself separately to
the extent before mentioned, our and each of our heirs,
executors, and administrators, and every of them firmly
by these presents SEALED with our seals, and dated this
day of , 18 .
Recital of "WnEEEAS by articles of agreement, (a) bearing even
services of Or date herewith, and made between the said A.B., of the
agent. one p ar ^ an( j t ^ e sa j(j Q j) an( j E.F., of the other part,
it was agreed that the said A.B. should be employed and
act for the said C.D. and E.F. as agent for the sale of
sold by them, and should faithfully and honestly
execute and perform the duties of his employment as
such agent, and to the utmost of his skill and knowledge
promote the interests of the said C.D. and E.F.; and from,
time to time on request render to them in such form as
they should require just and true accounts of all his
dealings and transactions as such agent, upon the terms
and for the commission in the said agreement mentioned.
And it was further agreed that the said A.B. should
(except as therein mentioned) collect and receive the
accounts and debts to become due and owing to the said
(a) The agreement to which this bond has particular reference
is Precedent 34, ante, p. 58.
MISCELLANEOUS. 327
C.D. and E.F., for goods, stores, and merchandise, sup-
plied through the agency of the said A.B., and should pay
over to the said C.D. and B.F., on day and
day in every week, the moneys so to be received
by him on their account as aforesaid ; and that he should
not sell goods on credit to any person whom the said
C.D. and E.F. should previously have forbidden him to
trust ; and that he should personally make good all loss
to be sustained by the said C.D. and E.F. by reason of
any breach of that stipulation or any of the conditions
therein contained. AND WHEREAS for securing the due And agree-
payment unto the said C.D. and E.F. of all moneys to bond.
be received by the said A.B. on their account under the
said recited agreement, the said A.B. has agreed to
become bound in the sum of , and the said
W.X. and Y.Z. as his sureties and at his request have
agreed to become bound in the sum of each.
Now THE CONDITION of the above BOND or obligation is Condition on
. . which bond
such that IP the said A.B. shall from time to time and to be void.
at all time's hereafter duly and regularly pay to the said
C.D. and E.F. all moneys which shall come to his hands
under or by virtue of the said agreement, and faithfully
and honestly discharge and execute the duties of his
employment as such agent as aforesaid, and well and
truly perform all the stipulations in such agreement on
his part contained, and save harmless and keep the said
C.D. and E.F. indemnified from and against all loss,
costs, damages, and expenses to be incurred or sustained
by reason of any act or omission on the part of the said
A.B. while acting as such agent as aforesaid, or after
the determination of his agency, THEN the above written
bond or obligation shall be void, otherwise the same
shall remain in full force and virtue.
328 PRECEDENTS IN CONVEYANCING.
Precedent 263. Certificate on Attested Copy of a Document.
263
WE HEREBY CERTIFY that the writing on this and the
attested 1 copy preceding sheets [or pages] of paper to which
of a document. we have set our respective initials contains a true and
exact copy of the original deed [or agreement], of which
such writing purports to be a copy as also of the value
of the stamp duty impressed thereon, we having this
day of , 18 , carefully compared it
with the said original deed [or agreement] .
Clerks to Mr. Y. Z.,
Solicitor,
(Address.)
Precedent 264 Conveyance to a Member of a Land Society.
264.
THIS INDENTURE, made, &c. BETWEEN A.B., of &c. and
C.D., of &c. [trustees of the Land Society and vendors] ,
(hereinafter called " the said vendors ") of the one part,
and E.F., of &c. [a fully paid-up member of the Society
entitled to his conveyance] (hereinafter called " the said
Witnesseth. purchaser "), of the other part. WITNESSETH that in con-
n ' sideration of to the said vendors, now paid by
the said purchaser, for the purchase of the fee simple of
the hereditaments comprised in the Second Schedule
Eeceipt. hereunder written (the receipt whereof they hereby
acknowledge). THEY the said vendors do and each of
them doth hereby grant and convey unto the said pur-
arcels. chaser and his heirs ALL that piece of land situate in the
township of , in the county of , particu-
larly delineated and coloured in the plan thereof drawn
upon these presents and specified in the Second Schedule
hereunder written, together with the free use of the
MISCELLANEOUS. 329
several roads or ways distinguished and marked in the
said plan, AND together with all buildings, fixtures, General
rights, easements, advantages, and appurtenances what-
soever, to the same appertaining, or with the same held,
or enjoyed, or reputed as part thereof or appurtenant
thereto, reserving nevertheless to the vendors, their
heirs and assigns, and the owners and occupiers of the
adjoining lands for ever hereafter the free use and enjoy-
ment of the said several roads or ways for all tenantly
purposes. AND all the estate and interest of the said
vendors in the premises, TO HOLD the said premises unto Habendum.
and. to the use of the said purchaser, his heirs and assigns
for ever. AND each of them the said vendors, so far as Covenant by
relates to his respective acts, deeds, and defaults, for rigntto con-
himself, his heirs, executors, and administrators, hereby ^ u ^? e from
COVENANTS with the said purchaser, his heirs and assigns brances.
that, notwithstanding anything by the said vendors
respectively done or knowingly suffered, they have
power to grant and convey the premises in manner
aforesaid free from incumbrances. AND that all the For quiet en-
said premises may be quietly entered into, held, and
enjoyed by the said purchaser, his heirs and assigns,
without any interruption or disturbance by the said
vendors, or any person claiming through or in trust for
them. AND that they the said vendors, their heirs, and For further
-, . . ' ,, . T .,, ,, , . . assurance.
every person claiming as aforesaid, will at all times, at
the cost of the said purchaser, his heirs or assigns,
execute and do all such assurances and things for more
effectually assuring the said premises to the use of the
said purchaser, his heirs and assigns as by him or them
shall be reasonably required. AND the said vendors, for To produce
themselves, their heirs, executors, administrators, and (
assigns, hereby COVENANT with the said purchaser, his
heirs and assigns that they the said vendors, their heirs
or assigns will at all times hereafter (unless prevented by
fire or other inevitable accident), on the request in
330
PRECEDENTS IN CONVEYANCING.
And furnish
Covenant by
bricks, &c.
Not to erect
Not to build
3 houses
Not to build
approved. 8
writing of the said purchaser, his heirs or assigns, or
any person lawfully or equitably claiming through him
or them any estate in the said premises at the expense of
the person or persons requiring the same, produce to him
or them, or to such person as he or they shall appoint, or
in any Court of Judicature, or elsewhere in England, as
occasion shall require, the several deeds and writings
specified in the First Schedule hereunder written for the
support or manifestation of the estate or title of the said
purchaser, his heirs and assigns, and of every or any
person claiming as aforesaid. AND on such request and
at such expense as aforesaid make and deliver to the
person or persons requiring the same such true
copies, attested or unattested, of the same deeds and
writings as he or they may require, and in the meantime
keep the said deeds and writings safe, uncancelled, and
undefaced. AND the said purchaser, for himself, his
heirs, executors, administrators, and assigns, hereby
COVENANTS with the said vendors, their heirs and assigns
in manner following, that is to say, that he the said pur-
chaser, his heirs, executors, administrators, or assigns
shall not, nor will, make or burn any bricks on the said
land, nor open out or quarry any stone other than what
shall be necessary in excavating the foundations of the
dwelling houses to be built thereon. That no steam
engine, steam boiler, limekiln, sawpit, soapery, or other
offensive or noisome manufactory or building shall at any
time hereafter be set up or erected upon the said land.
THAT not more than semi-detached dwelling-
houses, or single dwelling house , with the
necessary outbuildings, shall at any time be built upon
the said land. THAT no dwelling house or other building
shall at any time be erected upon the said land until the
plans thereof shall have been submitted and approved of
by the said vendors, or the survivor of them, their, or his
heirs or assigns, or their or his surveyor. THAT no
MISCELLANEOUS. 331
dwelling house which shall be built upon the said land Not to build
shall be of less value than } exclusive of the V aTue than
site, except in the case of double villas, which shall not
be of less value than , exclusive of the site,
and that the said dwelling houses respectively, including
projections at the front, shall be set back neither more
nor less than yards from the outside of the front
boundary wall, nor shall the outer walls thereof be
nearer the boundary line of the adjoining land than
feet, and the principal floor of each house shall
be raised not less than feet above the level of
the curb immediately opposite, and that the open space
at the front of the said houses respectively shall be
enclosed to the front of the road bounding the same and
co-extensive therewith with a brick wall not exceeding
feet inches high, neatly finished with a
polished stone coping and iron railings of uniform
pattern, to be approved by the said vendors, not
exceeding feet high. THAT no cellar shall be Not to let
let or occupied as a separate habitation, or for any pur- separately,
poses of trade, nor shall any building to be erected upon
the said land be used as a beer-house or public-house, or
for the sale, retail or wholesale, of wares or merchandise
of any kind. AND THAT in case the said vendors, their And if vendors
, . -i , in desire to build
neirs, executors, administrators, or assigns shall at any a boundary
time desire to build a boundary wall or walls on the side
of either piece of land next adjoining or at the back of
the land hereby conveyed, that he the said purchaser, his to be built
heirs, executors, administrators, or assigns shall and will veyed and re-
permit the same to be built as to half in width thereof
upon the land hereby conveyed, and will repay to the
person building the same one moiety of the cost thereof,
so far as the same is co-extensive with the land hereby
conveyed, provided always that such boundary wall or
walls, by whomsoever built, shall be inches
thick, and shall not be less than nor exceed
PRECEDENTS IN CONVEYANCING.
feet high, and shall be finished with a coping
of double bull-nose bricks. IN WITNESS, &c.
Schedule I. THE FIRST SCHEDULE REFERRED TO.
[Here insert the dates and descriptions of and the parties to the
various title deeds and documents covenanted to be produced in
chronological order .]
Schedule II. THE SECOND SCHEDULE REFERRED TO.
AT.T. that piece of land numbered on the general plan of the
estate situate on the side of a new road called
Road, in the township of aforesaid, containing in
front thereto , and in breadth at the back respec-
tively, and in depth on the side , and in depth on
the side , and containing in the whole
superficial square yards be the said several dimensions and contents,
or any of them, more or less, according to the said plan.
Precedent 265. Deed of Separation. Husband to take the
265 - Children, and allow Maintenance to Wife,
who is to see Children once a Week.
Parties.
Recital of
agreement
for separa-
tion.
And allowance
by husband
for main-
tenance.
Witnesseth.
Covenant by
husband to
permit wife to
uve apart.
THIS INDENTUKE made, &c., BETWEEN A.B., of &c.,
[husband~\, of the first part, C.D., of &c. [trustee], of
the second part, and B.B., wife of the said A.B., of the
third part. WHEREAS unhappy differences have lately
arisen and still exist between the said A.B. and B. hia
wife, and they have mutually agreed to live separate
and apart from each other during the remainder of their
lives. AND WHEEEAS the said A.B. hath agreed to allow
his said wife the sum of shillings per week
during her natural life for her maintenance and support,
and the said parties hereto have agreed to enter into and
execute these presents. Now THIS INDENTURE WITNESSETH
that in pursuance of the said agreements, and in con-
sideration of the premises, the said A.B. doth hereby for
himself, his heirs, executors, and administrators, COVE-
NANT, promise, and agree to and with the said C.D., his
MISCELLANEOUS. 333
heirs, executors, and administrators, in manner following;
that is to say, that it shall and may be lawful for the
said B.B., and that the said A.B. shall and will permit,,
and suffer her from time to time, and at all times hence-
forth during her natural life, to live separate and apart
from him, and to reside and be in such place and places,
and family and families, and with such relations, f riends,,
and other persons, and to follow and carry on such trade
and business as she from time to time at her will and
pleasure (notwithstanding her present coverture, and as
if she were a single woman and unmarried) shall think
fit. AND THAT the said A.B. shall not, nor will at any Not to sue for
time or times hereafter, sue her in the Court of Divorce, conjugal
or any other Court, for living separate and apart from
him, or to compel her to cohabit with him, or sue, molest,
or disturb, or trouble her for such living separate and
apart from him), (a) or sue, molest, or trouble any other
person or persons whomsoever for receiving, harbouring,
or entertaining her. AND shall not, nor will without the Nor visit her.
consent of the said B.B., visit her, or knowingly come
into any house or place where she shall or may dwell,
reside, or be, or send or cause to be sent, any letter or
message to her. AND shall not, nor will at any time Nor claim her
hereafter, claim or demand any of the moneys, clothes, pl
linen, household goods, furniture, stock-in-trade, pro-
perty, estate or effects which the said B.B. now hath
in her custody, power, or possession, or which she shall
or may hereafter buy and purchase, or which shall be
devised or given to her, or she shall otherwise acquire,
and that she shall and may enjoy, and absolutely dispose
of the same as if she were a single woman and un-
married. AND THAT the said A.B., his heirs, executors, And to pay
or administrators, shall and will pay, or cause to be paid a nce for her
unto the said C.D., his heirs, executors, or adminis- maintenance -
(a) See Hunt v. Hunt, 39 Beav. 89 ; 31 L. J. Ch. 161.
334 PRECEDENTS IN CONVEYANCING.
trators (or unto her the said B.B., if he or they shall so
direct), the sum of shillings weekly, and every
week during the term of the natural life of the said B.B.
for her maintenance and support, (a) clear of all deduc-
tions whatsoever, the first payment thereof to be made
Proviso that on the day , 18 PROVIDED ALWAYS.
children shall j ,-,-> , -, , ,-,
reside with and it is hereby expressly agreed by and between the
said parties hereto, that all and every the children and
child of the said A.B. and B. his wife shall live in the
house of the said A.B., or in such other house as he shall
appoint, and be educated and maintained by him, and
remain entirely under his care, authority, and control. (6)
And the said B.B. shall not in any manner interfere with
regard to the said children, or child, or their maintenance
Subject to and education. NEVERTHELESS, it is hereby agreed that
to see them the said B.B. shall be at liberty, if she shall think proper,
at house of* once * n every week to see and converse with the said
trustee. children or child at the dwelling house of the said C.D.,
except during such time as the said children or child may
be unavoidably absent by reason of their being at school
at a distance, or otherwise unable to attend from any
Witnesseth. cause whatever. AND THIS INDENTURE ALSO WITNESSETH
Covenant by that, in consideration of the premises, the said C.D. doth
demnify hereby for himself, his heirs, executors, and adminis-
agains d wife's tutors, COVENANT, promise, and agree to, and with the
debts. said A.B., his heirs, executors, and administrators, that
the said C.D., his heirs, executors, and administrators,
shall and will at all times during such time as the said
A.B. and B.B. shall continue to live separate and apart
(a) If this payment is to be only continued during good behaviour,
words to that effect must be inserted. (See Charlesworth v. Holt,
43 L. J. Ex. 25).
(6) A stipulation that the wife shall have the custody of the
children is, in the absence of special circumstances, contrary to
public policy and void: (Vansittart v. Vansittart, 4 K. & J. 62;
Walrond v. Walrond, Johns. 18 ; Hamilton v. Hector, L. Rep. 13
Eq. 511.)
MISCELLANEOUS. 335
from each other, keep the said A.B., his heirs, executors,
and administrators, indemnified from and against all
debts and liabilities to be contracted or incurred by the
said B.B., after the date hereof upon any account what-
soever, and from all actions, suits, expenses, and claims
for, or on account, or in respect of such debts and
liabilities, or any of them, or any act, deed, matter, or
thing in anywise relating to the premises, (a) IN
WITNESS, &c.
266. Indenture of Apprenticeship. Precedent
266.
THIS INDENTURE made, &c., BETWEEN A.B., aged
years, son of C.B., of &c., of the first part, the said C.B. '
[father], of the second part, and Y.Z., of &c. [employer],
of the third part. WITNESSETH that the said A.B., with Witnesseth.
the approval of the said C.B., and of his own free will,
doth hereby place and bind himself an apprentice to the Apprentice-
said Y.Z., in the art, trade, or mystery of a , s
from the day of , 18 , for the term of
years. AND the said C.B. for himself, his heirs, Covenant by
executors, and administrators, hereby COVENANTS with faithful
the said Y.Z., his executors, administrators, and assigns, service of son.
that the said A.B. shall faithfully serve the said Y.Z.
during the whole of the said term, and shall not waste,
embezzle, give or lend any money or property in his
possession or control, nor at any time absent himself
from his service without first obtaining his consent
thereto, or do or suffer any act or omission whatsoever to
his prejudice, but in all t things shall behave and demean
himself as a faithful, apprentice ought to do. AND also A.nd to pro-
that the said C.B., his executors or administrators, will, ^<j c lodging,
from time to time, during the said term, duly provide
the said A.B. with proper food, lodging, and wearing
(a) As to this covenant, see Stephens v. Olive (B. C. C. 90) ; and
Walrond v. Walrond (ubi supra).
336
PRECEDENTS IN CONVEYANCING.
Witnesseth.
Covenant by
employer to
teach ap-
prentice.
Proviso for
suspension
of wages
during sick-
ness, &c.
Agreement for
determining
apprentice-
ship in case of
misbehaviour.
apparel, and the washing and mending thereof, and also
with medicine, and medical attendance (if necessary).
AND THIS INDENTURE ALSO WITNESSETH that, in considera-
tion of the premises, the said Y.Z. for himself, his heirs,
executors, and administrators, hereby COVENANTS with the
said C.B., his executors and administrators, that he the
said Y.Z. will teach the said A.B., or cause him to be
taught by the best means in his power, the art, trade, or
mystery of a , and will during the said term, if
he shall faithfully serve as aforesaid, pay to him wages
after the rate hereinafter mentioned, that is to say, for
the first year of the said term the sum of shillings
per week ; for the second year, &c. [and so on, specifying
the amount per week for each year of the term] . PROVIDED
ALWAYS, that no wages shall accrue due, or be payable for
any week or portion of a week or longer period during
which the said A.B. shall be absent through sickness or
otherwise; but that in case of such absence he shall,
after the expiration of the said term, serve such additional
time as shall, with that already served, fully complete a
working term of years. NEVERTHELESS, the said
A.B. shall only be entitled to receive therefor such wages
as he would have been entitled to receive at the time or
respective times of absenting himself had he been
present, and at work. AND IT is HEREBY EXPRESSLY
AGREED between the parties hereto that in case the said
A.B. shall at any time misbehave or absent himself with-
out leave or lawful excuse, or shall not perform and
observe the covenants hereinbefore contained, it shall be
lawful for the said Y.Z. to dismiss him from his service,
without any notice whatever ; and these presents shall
thenceforth cease and be void, (a) IN WITNESS, &c.
(a) See 38 & 39 Viet. c. 90, as. 5-7, and s. 12.
MISCELLANEOUS. 337
267. Reconveyance of Freeholds (a) by Mortgagee Precedent
to Mortgagor on Repayment of Loan (endorsed). 267 '
THIS INDENTURE made, &c., BETWEEN the within-named Parties.
C.D. [mortgagee] , of the one part, and the within-named
A.B. [mortgagor], of the other part. WHEREAS the Recital of
i PC, -,i -IT , n mortgage debt
principal sum ot , with all interest thereon having been
secured by the within- written indenture, has been fully re P aad -
paid and satisfied by the said A.B. to the said C.D., as
he doth hereby admit and acknowledge. Now THIS Witnesseth.
INDENTURE WITNESSETH that, in Consideration of the said Consideration,
payment the said C.D. doth hereby grant unto the said
A.B. and his heirs ALL and singular the hereditaments Parcels,
and premises comprised in and conveyed by the within-
written indenture, or which by any means are now vested
in the said C.D., subject to redemption by virtue of the
same indenture, TOGETHER with their rights, members, General
and appurtenances. AND all the estate and interest of
the said C.D. therein or thereto. To HOLD the said Habendum.
premises unto and to the use of the said A.B. and his
heirs FREED from the within-mentioned mortgage debt Freed from
of , and interest secured by the within- written debt" 101
indenture. AND the said C.D. for himself, his heirs, Covenant by
executors, and administrators, hereby COVENANTS with the against in-
said A.B., his heirs and assigns, that the said C.D. has cnmbrances -
never done or suffered or been party or privy to any act
(a) This form may easily be adapted to a reassignment of lease-
holds, the operative word being altered into " assign," and the
words of limitation in the hqbendum and covenant also made
appropriate to the different tenure. The mortgagee seems, in
addition, to be entitled to a covenant from the mortgagor to pay
the rent, and observe the covenants on the lessee's part contained
in the lease : (see 2 Dav. Conv. 477.) These observations have, of
course, no reference to mortgages of leaseholds made by demise
where the estate of the mortgagee is revested in the mortgagor by
surrender, and where the mortgagee never became liable to the
covenants in the lease.
338
PRECEDENTS IN CONVEYANCING.
or thing whereby the said premises or any part thereof
are, is, or may be impeached, incumbered, or prejudicially
affected in anywise howsoever. IN WITNESS, &c.
Precedent 268. Bill of Sale to secure a Debt and present
??? Loan.
Parties. THIS INDENTURE made, &c., BETWEEN A.B., of &c. [mort-
yagor}, of the one part, and C.D., of &c. [mortgaged] t of
the other part. WHEREAS the said A.B. is indebted to
the said C.D. in the sum of , for money lent
by the said C.D. to him ; and the said A.B. has applied
to the said C.D. to advance him the further sum of
which the said C.D. has agreed to do on
having the repayment of both the said sums with interest
secured in manner hereinafter appearing. Now THIS
INDENTURE wiTNESSETH that, in pursuance of the said
agreement, and in consideration of , so due
and owing as aforesaid, and of paid to the
said A.B. by the said C.D. at or immediately before the
execution of these presents (the receipt whereof is hereby
acknowledged), the said A.B. doth hereby assign unto
the said C.D., his executors, administrators, and assigns,
ALL and singular the furniture, plate, and plated articles,
linen, glass, china, books, household furniture, effects,
and articles of use and ornament, pictures, paintings,
engravings, wines, spirituous liquors, fixtures, fittings-
up, goods and chattels, which now are, or at any time
hereafter shall be, in and upon the messuage and pre-
mises, No. in Street, , now in the
occupation of the said A.B., and which are particularly
specified in the schedule hereunder written. AND all
the right and interest of the said A.B. in, to, or upon
the said premises. To HOLD all and singular the said
premises unto the said C.D., his executors, administra-
Recital of in-
debtedness
and agreement
for further
loan.
Witnesseth.
Consideration.
Receipt.
Parcels.
Habendum.
MISCELLANEOUS. 339
tors, and assigns, to and for his and their own use and
benefit, subject to the proviso for redemption' hereinafter
contained. PROVIDED ALWAYS, and it is hereby declared Proviso for
and agreed by and between the said parties hereto, that
if the said A.B., his executors, administrators, or assigns,
shall, on the day of next, pay or cause to
be paid unto the said C.D., his executors, administrators,
or assigns, the several sums of and ,
making together , and interest thereon at the
rate of per cent, per annum, to be computed
from the day of the date of these presents. AND also
all such other sum or sums of money as shall be due or
owing by the said A.B., his executors or administrators,
to the said C.D., his executors, administrators, or assigns
upon any account whatsoever, with interest thereon at
the rate aforesaid, to be computed from the day or
respective days of the same being advanced or becoming
due, all such payments to be made without any deduc-
tions or abatements whatsoever, then and in such case
the assignment hereinbefore contained, and these pre-
sents and every article, clause, and thing herein con-
tained shall cease and determine. AND IT is HEREBY Power for
DECLARED that it shall be lawful for the said C.D., his ^te/ancfta
executors, administrators, or assigns, at any time after P ssession -
the day lastly hereinbefore mentioned, while any money
shall remain owing upon the security of these presents to
enter upon the said messuage and premises, or upon any
messuage or premises belonging to or occupied by the
said A.B., or upon which any property comprised in this
security shall be or shall be supposed to be, and take
possession of all and singular the said premises ; AND for
that purpose, or for the purposes of effecting any sale
under the power in that behalf hereinafter contained, to
have full liberty of ingress, egress, and regress to and
from the said messuage and premises, and of remaining
in and upon the same at all reasonable times. But that
z 2
340 PRECEDENTS IN CONVEYANCING.
until possession shall be so taken the premises shall re-
main in the possession of the said A.B., his executors,
Power of sale, administrators, or assigns. AND IT is HEREBY DECLARED
that it shall be lawful for the said C.D., his executors,
administrators, or assigns, at any time after the said
day of next, without any further con-
sent on the part of the said A.B., his executors, adminis-
trators, or assigns, to sell the premises hereinbefore
expressed, to be hereby assigned or any part thereof by
public auction or private contract, and either together
or in lots, and either in or upon the said messuage and
premises or in any other place, and subject to such con-
ditions and in such manner as the said C.D., his executors,
administrators, or assigns shall think fit, with power to
buy in and rescind, abandon, or vary any contract for
sale, and again to proceed to a sale without being
responsible for any loss occasioned thereby. AND for all
or any of the purposes aforesaid to do, enter into, and
execute all such acts, contracts, and assurances, as he or
Purchaser not they shall think fit. AND IT is HEREBY DECLARED that
quire if any upon any sale purporting to be made in pursuance of
default made. fo e a f oresa i,j power in that behalf, the purchaser
or purchasers shall not be bound to see or inquire
whether any money remains owing upon this security, or
whether any default has been made in payment of the
moneys intended to be hereby secured as aforesaid, or as
to the necessity or expediency of the stipulations subject
to which any such sale shall have been made, or otherwise
as to the propriety or regularity of any such sale ; and
notwithstanding any impropriety or irregularity what-
soever in any such sale the same shall, so far as regards
the safety and protection of the purchaser or purchasers,
be deemed to be within the aforesaid power in that behalf,
Mortgagee's and be valid accordingly. AND IT is HEREBY DECLARED
effectual dis- 6 tnat * ne receipt of the said C.D., his executors, adminis-
C urchaser trators, or assign s for the purchase money of the pre-
MISCELLANEOUS. 341
mises sold shall effectually discharge the purchaser or
purchasers therefrom and from all responsibility in
respect of the application thereof. AND IT is HEREBY Trusts of
DECLARED that the said C.D., his executors, adminis-
trators, or assigns, shall, out of the moneys arising from
any sale, in pursuance of the aforesaid power in the first
place, thereout pay the expenses of and incidental to the
preparation, registration, and (if necessary) the re-regis-
tration from time to time of these presents, and the
expenses incurred in and about such sale or otherwise in
respect 'of the premises. AND in the next place, in or
towards satisfaction of the moneys for the time being
owing upon the security of these presents, and then pay
the surplus (if any) unto the said A.B., his executors,
administrators, or assigns. AND IT is HEREBY DECLARED Declaration
that all articles, goods, and chattels which, during the articles in or
continuance of this security, shall be in and about the
said messuage and premises in addition to or in sub- during the
. continuance of
stitution for any articles, goods, and chattels now in and the security
about the same and hereby assigned shall be comprised eluded 6 *
in this security, and be subject to the powers, provisoes, therem -
declarations, and covenants herein contained. AND the Covenant by
said A.B., for himself, his heirs, executors, and admini- '' r
strators hereby COVENANTS with the said C.D., his
executors, administrators and assigns, that he the said
A.B., his heirs, executors or administrators, will on the
day of next, pay to the said C.D., his
executors, administrators, or assigns, the said several
sums of and , making together
, with interest for the same respectively, at
the rate of per cent, per annum from the date
hereof. AND also any and every further sum and And further
sums of money which shall be due or owing by the said ST
A.B., his executors or administrators, to the said C.D.,
his executors, administrators, or assigns on any account
whatsoever, together with interest thereon at the rate
342
PRECEDENTS IN CONVEYANCING.
aforesaid from the time or respective times of the same
being due and owing, without any deduction or abate-
For good right ment whatsoever. AND THAT the said A.B. now hath good
right and full power to assign all the said premises in
Nottopreju- manner aforesaid, free from incumbrances. AND THAT
" the said A.B., his executors or administrators, shall not
at any time or times hereafter, during the subsistence
of this security, do or allow any act or deed whereby the
said premises, or any part thereof, shall be charged or
prejudicially affected. AND THAT the said A.B., his
executors, administrators, and assigns, and every person
claiming under or in trust for him, and them, will at all
times hereafter until sale under the power hereinbefore
contained at his and their own costs and charges, and
afterwards at the cost and charges of the person or
persons requiring the same, execute and do all such
assurances and acts required for perfecting the assign-
ment hereby made, and facilitating the recovery of the
said premises, or any part thereof. IN WITNESS, &c.
THE SCHEDULE referred to.
And for
further
assurance.
Precedent
269.
Parties.
Eecital of
additional
advance since
the date of
the mortgage.
And agree-
ment for
269. Second further Charge by a Mortgagor to
Mortgagees to secure a Debt and further
Advances (endorsed).
THIS INDENTURE made, &c., BETWEEN the within-named
A.B. [mortgagor], of the one part, and the within-named
C.D. and E.F. [mortgagees] , of the other part. WHEREAS
since the day of , 18 , the date of the
indenture firstly endorsed on the within-written in-
denture, the said C.D. and E.F. have lent to or paid
for the use of the said A.B. the further sum of
in addition to the therein mentioned sums of
and . AND WHEREAS the said C.D. and E.F.,
having required security for the said sum of ,
MISCELLANEOUS. 343
and for any further sum or sums of money in which the security for
said A.B. may at any time hereafter become indebted to further sums,
them, or either of them, with interest for the said sum
of , and any such further sum or sums of
money, at the rate of per cent, per annum, the
said A.B. has agreed to give such security for the same,
as hereinafter appears. Now THIS INDENTURE WITNESSETH Witnesseth.
that, in consideration of the premises, he, the said A.B., Consideration,
doth hereby, for himself, his heirs, executors, and admini-
strators COVENANT with the said C.D. and E.F., their
executors, administrators, and assigns, and doth also
direct and appoint that ALL the several pieces or parcels Parcels,
of land, messuages or dwelling houses, cottages, public-
house, shops, and hereditaments comprised in the within-
written indenture, with the appurtenances thereof ; and
also the moneys to arise from the sale or sales thereof ;
and all moneys that shall come to the hands of the said
C.D. and E.F., or the survivor of them, or the executors
or administrators of such survivor, their or his assigns,
by virtue of the powers, trusts, and authorities con-
tained in the within-written indenture, shall at all Further
times hereafter stand, remain, and continue charged
aud chargeable with, and be a security for as well
the payment of the said sum of and interest
as expressed in the within-written indenture, and
the said sums of and , making
together the sum of , and interest for the
same, as expressed in the said firstly endorsed inden-
ture, as also the payment of the said sum of
, together with interest thereon at the rate
of per cent, per annum, from the
day of last, and any and every further sum
of money in which the said A.B. may at any time
or times hereafter become indebted to the said C.D.
and E.F., or either of them, for money lent, or
upon any other account whatsoever, together with
1544
PRECEDENTS IN CONVEYANCING.
Premises not
vanc t eand 1 ad ~
further sums
repaid.
Provisions
contained in
the prior
Covenant by
Or
interest for the same at the rate of per
cent, per annum from the time or respective times
of the same or any part thereof being advanced or
becoming due. AND THAT the said premises or any
P ai% t thereof shall not be redeemed or redeemable,
nor s ^ a ^ ^e same or anv P art thereof be discharged
from the powers. trusts, and authorities contained in
. .
the within-written indenture, nor shall the moneys
to arise from the sale of the same, or which shall be
received by virtue of the within- written indenture, be
receivable by the said A.B., his heirs, executors, adminis-
trators, or assigns, until full payment and satisfaction
shall be made unto the said C.D. and E.F. respectively,
and their respective executors, administrators, or assigns,
as well of the said sums of and
respectively, and interest for the same respectively as
aforesaid, as of the said sum of , and any
and every further sum of money in which the said A.B.
shall at any time or times hereafter become indebted to
the said C.D. and B.F., or to either of them, with
interest for the same respectively, at the rate of
per cent, per annum, as aforesaid. AND THAT all the
. . .,.,.,.
powers, trusts, and authorities contained in the witmn-
written indenture shall extend and be applicable for the
secur ^y, and obtaining payment thereof. AND the
said A.B., for himself, his heirs, executors, and adminis-
trators, hereby COVENANTS with the said C.D. and E.F.,
^ ne ^ r executors, and administrators, and also as distinct
and other covenants, with each of them, and his respec-
tive executors, and administrators, that he, the said A.B.,
his heirs, executors, or administrators, will, on demand
thereof, pay to the said C.D. and E.F., their executors,
administrators, or assigns, in the proportions in which
they are respectively interested therein [or in equal
moieties, or as the case may fee], the said sum ot
, together with interest at the rate from the
MISCELLANEOUS. 345
time and in manner aforesaid. AND THAT the said And further
A.B., his heirs, executors, or administrators, will, on
demand thereof, pay unto the said C.D. and E.F.,
respectively, and their respective executors, adminis-
trators, or assigns, any and every furthur sum of money
in which the said A.B. shall at any time or times here-
after become indebted to them or either of them upon
any account whatsoever, together with interest for the
same at the rate aforesaid from the time or respective
times on which the same may be advanced or become
due. IN WITNESS, &c.
270. Post-Nuptial Settlement of a Life Policy, and Precedent
Furniture for Benefit of Wife and Children.
THIS INDENTURE made, &c., BETWEEN A.B., of &c. [Jius- Parties.
band'], of the first part, C.D., of &c. [wife], of the second
part, and E.P. and G.H., of &c. [trustees], of the third
part. WHRREAS by a policy of assurance bearing date, Recital of
&c., and numbered the Company assured
to the said A.B. the sum of to be paid to
his executors, administrators, or assigns, within three
calendar months after the decease of him, the said A.B.,
whensoever the same should happen, at or under the
yearly premium of . AND WHEREAS the That husband
said A.B. is possessed of the several articles of furniture, certain fur*
plate, and other household goods and effects, now being ni
in or about the dwelling house occupied by the said
A.B., and part whereof is specified in the schedule here-
under written. AND WHEREAS the said A.B., in con- And of his
si deration of the natural love and affection which he same O n wife
bears to his said wife and children, is desirous of assign- and chlldren -
ing the said policy of assurance, and the moneys thereby
assured, and also his said household furniture and
effects, upon and for the trusts, intents, and purposes
hereinafter declared concerning the same. Now THIS
34(5
PRECEDENTS IN CONVEYANCING.
Parcels.
Witaeeaeth. INDENTURE wiTNESSETH that for effectuating the afore-
Consideration. sa id desire, and for the considerations aforesaid, the
said A.B. doth by these presents assign unto the said
E.F. and G.H., Firstly, ALL that the said hereinbefore
recited policy of assurance, and the said sum of
thereby assured, and all moneys, bonuses, benefits, and
advantages to be had, recovered, or obtained, under or
by virtue of the said policy. TOGETHER with full power
and authority to ask, demand, sue for, recover, and
receive and give effectual acquittances, releases, and
discharges for the same ; And secondly, ALL the house-
hold furniture and effects of him, the said A.B., in the
dwelling house now occupied by him, numbered
in Street, , which, or the principal
part of which, are specified in the schedule hereunder
written. AND all the estate and interest of the said
A.B. in the premises. To HOLD the said premises unto
the said E.F. and G.H., their executors, administrators,
and assigns, upon, and for the trusts, intents, and pur-
poses hereinafter declared concerning the same, that is
to say, AS to the said policy, moneys, and premises UPON
TRUST that the said E.F. and G.H., or the survivor of
them, his executors or administrators, or their or his
assigns, or other the trustees or trustee for the time
being of these presents (hereinafter called "the said
trustees or trustee "), do and shall, when and so soon as
the moneys which shall become payable under or by
virtue of the said policy, shall be actually received, lay
out and invest the same in or upon such stocks, funds,
and securities, as are hereinafter mentioned in that
behalf, And shall be possessed of the said investments,
IN TRUST to pay the annual income arising therefrom unto
the said C.D., during her life for her separate use, inde-
pendently of any husband and of his debts, control, and
engagements, and so that she shall not have power to
dispose or deprive herself thereof by anticipation, and
Habendnm.
Trusts of
policy.
MISCELLANEOUS. 347
her receipt alone shall be a sufficient discharge for the
same, AND after the death of the said C.D. upon and for
the trusts hereinafter declared concerning the invest-
ments to arise from the sale of the said household furni-
ture and effects, AND AS to the said household furniture
and effects, IN TKUST to permit the said C.D. to have the Trusts of
possession and enjoyment thereof during the joint lives
of herself and of the said A.B. for her separate use inde-
pendently of the said A.B., and of his debts, control, and
engagements. AND from and after the death of either of
them the said A.B. or C.D. IN TRUST to permit the survivor
of them to have the possession or enjoyment thereof
during his or her life. AND from and after the death of
such survivor in trust that the trustees or trustee for the
time being of these presents, do and shall sell the said
furniture, effects, a.nd premises, either by public auction
or private treaty, and do and shall, by and out of the
moneys which shall arise from such sale, pay the expenses
incurred in and about the same, and shall stand possessed
of the residue of the said moneys in trust, to invest the
same in or upon such stocks, funds, or securities as are
hereinafter mentioned in that behalf. AND do and shall
be possessed of the said moneys, stocks, funds and securi-
ties IN TRUST for all the children, or any the child of the
said A.B. and C.D., who, being sons or a son, shall
attain the age of twenty-one years, or being daughters,
or a daughter, shall attain that age, or marry under that
age, and, if more than one, in equal shares. AND in the
event of there being no such child, or children, of the
said A.B. and C.D. IN TRUST for such person or persons,
and generally in such manner as the survivor of them, the
said A.B. and C.D., shall, by will, direct and appoint.
AND the said A.B., for himself, his heirs, executors, and Covenant
administrators', hereby COVENANTS with the said E.F. and n otto%itLate
G.H., their executors, administrators, and assigns, that P lic y-
he the said A.B. will not at any time hereafter do or
348
PRECEDENTS IN CONVEYANCING.
To effect a
new policy if
vitiated.
To pay
premiums.
suffer any act or thing whereby the said policy of assur-
ance may, or can be vitiated or become void or voidable,
or whereby the said E.F. and G.H., their executors,
administrators, or assigns, may or can be hindered from
recovering or receiving the moneys respectively assured
by the said policy, or any of them, and that in case the
said policy, or any policy to be effected in lieu thereof,
shall by any means become voidable, the said A.B. shall
and will at his own cost and charges, forthwith procure
the same to be restored or confirmed to the satisfaction
of the said E.F. and G.H., their executors, administrators,
or assigns. AND THAT in case the said policy, or any
policy to be effected in lieu thereof, shall at any time be
vitiated or rendered void, the said A.B. shall and will
forthwith hereafter at his expense effect, or cause to be
effected, a new policy or new policies of assurance on the
life of the said A.B. in the name or names of the said
trustees or trustee for a sum or sums not less in amount
than the sum or sums assured by the policy or policies
which shall have become vitiated or rendered void as
aforesaid, and that the several trusts, powers, authorities,
and provisoes herein declared concerning the herein-
before-recited policy of assurance, and the moneys to
become payable under or by virtue thereof, shall extend
and apply to any such policy of assurance as may here-
after be effected under the covenants and provisoes here-
inbefore contained. AND THAT the said A.B., his execu-
tors, and administrators, shall and will at all times
hereafter well and truly pay, or cause to be paid, the
annual premium or premiums, sum and sums of money as
shall from time to time become payable in respect of the
said policy hereby assigned, or any new policy or policies
so to be effected as aforesaid, when and as the same
respectively shall become payable, and shall deliver the
receipts for such premiums to the said trustees or trustee.
AND the said A.B. for himself, his heirs, executors, and
MISCELLANEOUS.
administrators, hereby further COVENANTS with the said And to
E.F. and G.H., their executors and administrators, that additional
the said A.B., his executors or administrators, shall and u
will within years next, after the date of these
presents, purchase in the names or name of the said
trustees or trustee, or otherwise effectually vest in them
or him other and additional and suitable household furni-
ture and effects of the value of at the least.
AND IT IS AGREED AND DECLARED that such trustees Or Declaration
trustee shall stand possessed of the same upon the trusts
hereinbefore declared of and concerning the furniture,
effects, and premises hereinbefore expressed to be hereby already de-
clared,
assigned. AND IT is HEREBY AGREED AND DECLARED that And that
the said trustees or trustee shall not be in any manner conceTneclto
bound or concerned to interfere with the custody of anv see to th ?-
J J preservation
of the furniture or effects subiectto the trusts aforesaid, of the trust
' effects.
or to see to the preservation thereof, or in any manner to
intermeddle in relation thereto. PROVIDED ALWAYS, and Power of
it is hereby declared that it shall be lawful for the said ac
trustees or trustee, after the decease of the said C.D., to
raise any part or parts not exceeding altogether one-half
of the then expectant or presumptive share of any child
of the said A.B. and G.D., under any of the trusts here-
inbefore declared, and to pay and apply the same for his
or her preferment, advancement, or benefit, as the said
trustees or trustee shall think fit. AND IT is ALSO AGREED And main-
AND DECLARED that such trustees or trustee shall, after
the death of the said C.D., apply the whole or such part
as they or he shall think fit of the income of the share
to which any such child shall for the time being be
entitled in expectancy under any of the trusts aforesaid
for or towards his or her maintenance or education.
AND IT IS HEREBY AGREED AND DECLARED that the Said Trusts as to
trustees or trustee shall invest in their or his names or m
name the moneys hereinbefore directed to be invested
in any of the public stocks or funds or Government
:r,u PRECEDENTS IN CONVEYANCING.
securities of the United Kingdom or India, or upon
freehold, copyhold, or leasehold securities in England or
Wales, or upon the bonds, debentures, mortgages, or
securities of any Corporation or public body in the
United Kingdom ; and may from time to time vary and
transpose such stocks, funds, or securities into or for
others of the same or a like nature, whenever such trus-
Declaration tees or trustee shall think proper. AND IT is HEREBY
tees receipts 8 AGREED AND DECLARED that the receipt of the said trus-
effectnal dis- * ees or trustee ^ or anv moneys paid, and for any stocks,
charges. funds, or securities transferred to them or him by virtue
of these presents or in the execution of any of the trusts
or powers hereof, shall effectually discharge the person
or persons paying or transferring the same therefrom,
and from being bound to see to the application or being
Power to answerable for the loss or misapplication thereof. AND
trastee t s. neW IT IS HEREBY AGREED AND DECLARED that the power of
appointing a new trustee or trustees hereof shall be
exercisable by the said A.B. and C.D. during their joint
lives and by the survivor of them during his or her life,
and, after the death of such survivor, by the surviving or
continuing trustees or trustee, or the acting executors or
executor, administrators or administrator, of the last
surviving and continuing trustee, or by the last retiring
trustee; and on every or any such appointment the
number of trustees may be augmented or reduced.
Proviso that PROVIDED LASTLY, and it is hereby agreed and declared
obligatory on that it shall not be obligatory on any of the said trustees
enfor'cTthe 8 * or trustee to enforce any of the covenants hereinbefore
purchase of contained in relation to the purchase of any additional
furniture, &c. furniture or effects by the said A.B., or in relation to the
said policy, or to see that the same or any new policy is
kept on foot, and that no omission or neglect in any of
such matters by any of the said trustees or trustee shall
be chargeable as a breach of trust, and that the said
trustees or trustee, their or his executors or adminis-
MISCELLANEOUS. 351
trators, shall not be answerable for any of the said
policies becoming void through any means whatsoever,
or on account of the non-performance of any of the
covenants herein contained or otherwise howsoever in
respect of the premises. (a) IN WITNESS, &c.
THE SCHEDULE referred to.
(a) This deed will require registration and re -registration under
" The Bills of Sale Act, 1878 :" (Fowler v. Foster, 28 L. J. Q. B.
210, and Ashton v. BlacJeshaw, L. Eep. 9 Eq. 510.)i
TABLE OE STAMP DUTIES,
UNDER " THE STAMP ACT, 1870,"(a) AND " THE STAMP DUTIES
MANAGEMENT ACT, 1870."(&)
FOR USE WITH THE PRECEDENTS.
Adhesive Stamps. The use of these stamps is compulsory for
foreign bills of exchange, and promissory notes drawn or made, or
purporting so to be out of the United Kingdom. For payment of
the duty on the following documents it is optional whether
adhesive or impressed stamps are used :
Agreement under hand.
^Agreement to let a furnished house for less than a year.
*Lease of same.
*Lease or tack of the whole or part of a dwelling house or
tenement for any definite term less than a year, at a rent
not exceeding the rate of 10 per annum.
Contract Note on sale or purchase of shares.
Copy of Register of birth, baptism, death, or burial.
Charter Party.
Cost Book Mines, authority for transfer of shares.
Delivery Order.
Dock Warrant.
Draft or Order (inland) payable on demand.
Marine Policies executed abroad.
Notarial Acts and Protests.
Policy of Insurance Life.
Policy of Insurance Accident.
Policy of Insurance against loss or damage, or as indem-
nity for the same (not chargeable as life, fire, or sea
insurance).
Proxy or voting paper.
Receipt.
(a) 33 & 34 Viet. c. 97. (&) 33 & 34 Viet. c. 98.
A A
354 PRECEDENTS IN CONVEYANCING.
The instruments to which an asterisk is prefixed, must be stamped at
or before the execution thereof under a penalty of 5.
An adhesive stamp is required under a penalty of 10, to be cancelled
by the person using the same, writing on or across such stamp,
his name or initials, or the name or initials of his firm, together
with the true date of his so writing, so that the stamp may be
effectually cancelled, and rendered incapable of being used for any
other instrument (a).
Adjudication Stamp. The Commissioners may be required by any
person to express their opinion with reference to any executed
instrument upon the following questions :
(a) Whether it is chargeable with any duty :
(6) With what amount of duty it is chargeable.
If the Commissioners are of opinion that the instrument is not charge-
able with any duty, it may be stamped with a particular stamp
denoting that it is not chargeable with any duty.
If the Commissioners are of opinion that the instrument is chargeable
with duty, they shall assess the duty with which it is in their
opinion chargeable, and if or when the instrument is stamped, in
accordance therewith, it may also be denoted as before; after
which the sufficiency of the stamp cannot be questioned. Parties
dissatisfied may, within twenty-one days after the date of such
assesssment, and on payment of duty in conformity therewith
appeal to the Court of Exchequer. On applying for the opinion
of the Commissioners, an abstract of the instrument should be
sent. The fee of 10s. hitherto payable, is abolished.
Agreement, accompanied with a deposit. See " Mortgage."
Agreement for a lease or tack, or with respect to the letting of any
lands, for any term (&) not exceeding thirty-five years, is to be
charged with the same duty as if it were an actual lease, made for
the term and consideration mentioned in the agreement.
A lease or tack made subsequently to, and in conformity with, such an
agreement duly stamped, is to be charged with the duty of six-
pence only.
(a) If the stamp however, appear to have been duly cancelled, the presump-
tion is that it was so cancelled : (Bradlaugh v. De Rin, L. Sep., C. P., 286.)
(6) Formerly, if the term exceeded seven years, a 6<Z. agreement stamp
was sufficient, unless the instrument operated to create a yearly tenancy, as
well as an agreement: (Hayes's Concise Conveyancer, 3rd edit., p. 646, note
(d).) Also an agreement for a lease required heretofore, the same duty as a
lease if it contained words of present demise, unless it also contained a clause
binding the parties respectively to grant and accept a lease : (See Phillips
v. Hartley, 3 C. & P. 121.)
STAMP DUTIES. 355
Agreement or any Memorandum of an Agreement, made in
England or Ireland under hand only,(a) or made in Scotland
without any clause of registration, and not otherwise specifically
charged with any duty, whether the same be only evidence of a
contract, or obligatory upon the parties from its being a written
instrument 006
Exemptions. (1.) Agreement or memorandum the matter whereof
is not of the value of 5. (2.) Agreement or memorandum for
the hire of any labourer, artificer, manufacturer, or menial
servant. (3.) Agreement, letter, or memorandum made for or
relating to the sale of any goods, wares, or merchandise. (4.)
Agreement or memorandum made between the masters and
mariners of any ship or vessel for wages on any voyage coast-
wise from port to port in the United Kingdom.
The duty may be denoted by an adhesive stamp, which is to be can-
celled by the person by whom the agreement is first executed.
Executed agreements must be stamped within fourteen days of date,
and in the country the duty and postage may be paid at the local
stamp office during that period whence it will be transmitted to
the head office with the document to be stamped.
After the expiration of fourteen days the penalty of 10 will be
incurred.
Apprenticeship, where there is no premium or considera-
tion 026
In any other case, for every 5, and also for any fractional part of 5,
of the amount or value of the premium or consideration 050
Articles of Marriage. See " Settlement."
Articles of Partnership. See " Agreement," " Deed."
Assignment or Assignation by way of security, or of any security.
See " Mortgage," &c.
Assignment upon a sale or otherwise. See " Conveyance."
Assignment of any kind whatsoever not described ... 10
Attested Copy or Extract of or from (1.) An instrument charge-
able with any duty. (2.) An original will, testament, or codicil.
(3.) The probate or probate copy of a will or codicil. (4.) Any
letters of administration or any confirmation of a testament. (5.)
(a) An agreement under seal cannot be given in evidence unless stamped
with, a deed stamp : (Robinson v. Drybrough, 6 T. R. 31) ; Ex. gr. Precedent
38, ante, p. 66. An agreement to take a debt by instalments is liable to
stamp duty : (Remon v. Hayman, 2 A. & E. 666.)
A A 2
356 PRECEDENTS IN CONVEYANCING.
Any public register (except any register of births, baptisms, mar-
riages, deaths, or burials). (6.) The books, rolls, or records of
any court. In the case of an instrument chargeable with any
duty not amounting to one shilling. The same duty as such
instrument.
In any other case 010
Exemption. Copy or extract of any law proceedings.
An attested copy may be stamped at any time within fourteen days
after the date of the attestation.
Award in England or Ireland, and award or decreet
arbitral in Scotland, where the amount or value of the
matter in dispute does not exceed 5 3
Exceeds 5 and does not exceed 10 006
,, 10 20 010
20 30 016
30 40 020
40 50 026
50 100 050
100 200 10
200 500 15
500 750 100
750 1000 150
And where it exceeds 1000, and in any other case not above
provided for 1 15
Bill of Exchange
Payable on demand ,0 1
This duty may be denoted by an adhesive stamp, to be
cancelled by the person signing the bill before he
delivers it out of his hands.
The term " Bill of Exchange payable on demand," has
a very wide signification, and includes ordinary
cheques and orders for payment of money out of a
particular fund.
Of any other kind whatsoever (except a bank note) and
promissory note of any kind whatsoever (except a bank
note) drawn, or expressed to be payable, or actually
paid, or endorsed, or in any manner negotiated in the
United Kingdom :
Where the amount or value of the money for which
the bill or note is drawn or made does not exceed
5 001
Exceeds 5 and does not exceed 10 2
10 25 .. 003
STAMP DUTIES. 357
Exceeds 25 and does not exceed 50 6
50 75 009
75 100 010
100
For every 100, and also for any fractional part of
100, of such amount or value 010
Bill of Sale, absolute. Same duty as on a conveyance.
_.,- ("Same duty as on a bond
Bill of Sale, by Way of Security . . . [ or mor ( gage .
A copy of a bill of sale is not to be filed in any court unless the
original, duly stamped, is produced to the proper officer. But see
Bellamy v. Saull (8 L. T. Rep. N. S. 534).
Bond. See " Mortgage."
Contract. See " Agreement."
Conveyance or Transfer on sale of any property where the
amount or value of the consideration for the sale does not exceed
5 006
010
016
020
026
050
076
10
12 6
15
17 6
100
126
150
176
1 10
300, for every 50, and also for any fractional part )
of 60 of such amount or value ... J
Conveyance of Equity of Redemption. Where any property is
conveyed to any person in consideration, wholly or in part, of any
debt due to him, or subject either certainly or contingently to the
payment or transfer of any money or stock, whether being or con-
stituting a charge or incumbrance upon the property or not, such
debt money, or stock is to be deemed the whole or part, as the
3 5 and
does not
exceed 10
10
15
15
20
20
25 ...*
25
50 ...
50
75
75
100
100
125
125
150 ...
150
175
175
200
200
225
225
250
250
275
275
300
358 PRECEDENTS IN CONVEYANCING.
case may be, of the consideration in respect whereof the convey-
ance is chargeable with ad. vol. duty.
Conveyance of any kind not hereinbefore described ... 10
Copy or extract (certified) of or from any register of births, baptisms,
marriages, deaths, or burials 1
This duty is to be paid by the person requiring the copy or extract,
and may be adhesive or impressed ; if adhesive, it is to be
cancelled by the person by whom it is signed before he delivers
the same out of his hands, custody, or power.
Counterpart. See " Duplicate."
Declaration made under the provisions of 5 & 6 Will. 4,
c.62 026
Exemption (inter alia). A declaration made upon a requisition of
the Commissioners of any public board of revenue, or any of the
officers acting under them, or required by law, and made before
any justice of the peace.
Declaration of any use or trust of, or concerning any property by
any writing not being a deed or will, or an instrument chargeable
with ad vol. duty as a settlement 10
Deed of any kind whatsoever not described 10
In lieu of 35s.
Denoting Stamp. Where the duty with which an instrument is
chargeable depends in any manner upon the duty paid upon
another instrument, the payment of such last-mentioned duty
shall, if application be made to the Commissioners for that pur-
pose, and on production of both the instruments, be denoted in
such manner as the Commissioners think fit upon such first-men-
mentioned instrument. Counterparts of leases or instruments
chargeable as leases do not require Denoting Stamps unless
executed by or on behalf of any lessor or grantor.
Deposit of Title-Deeds. See " Mortgage," and Note (a) to Prece-
dent 83, ante, p. 124.
Dissolution of Partnership, Deed of. Where no payment is
made to the retiring partner 10
Where any sum paid and assets of part-~) Same duty as on a con-
nership are assigned to the remaining 1 veyance. See Note (a)
partners in consideration of such pay- f to Precedent 139, ante,
ment. p. 208.
STAMP DUTIES. 359
Duplicate or Counterpart of any instrument chargeable with any
duty.
Where such duty does not amount to five^ Same duty as the original
shillings, j instrument.
In any other case 5
A duplicate or counterpart (except the counterpart of a lease, not
being executed by or on behalf of any lessor or grantor), is not to
be deemed duly stamped, unless it is stamped as an original instru-
ment, or unless it appears by some stamp impressed thereon that
the full and proper duty has been paid upon the original
instrument.
Equitable Mortgage. See " Mortgage," and Note (a) to Prece-
dent 80, ante, p. 120. .
Further Charge. See " Mortgage."
Guaranty. See " Agreement," and Note (c) to Precedent 88, ante,
p. 135.
Lease or Tack
(1) For any definite term less than a year :
(a) Of any dwelling house or tenement, or part of a dwelling house
or tenement, at a rent not exceeding the rate of 10 per
annum 1
(fe) Of any furnished dwelling house or apartments, where the rent for
such term exceeds 25 2 6
The duty upon these or upon the duplicate or counterpart may be
denoted by an adhesive stamp, which is to be cancelled by the
person by whom the instrument is first executed. They cannot be
stamped after execution. Penalty 5.
(c) Of any lands, tenements, or heritable subjects except or otherwise
than as aforesaid. Same duty as a lease for a year at the rent
reserved for the definite term.
(2) For any other definite term or for any indefinite term.
Of any lands, tenements, or heritable subjects.
Where the consideration, or any part of the consideration, moving
either to the lessor or to any other person, consists of any money,
stock, or security :
r Same duty as a convey-
In respect of such consideration < ance on a sale for the
C same consideration.
Where the consideration or any part of the consideration is any rent :
In respect of such consideration :
360
PRECEDENTS IN CONVEYANCING.
If the rent (whether reserved as a yearly rent or otherwise) is at a rate
or average rate :
If the
term is
definite,
and does
If the
term being
definite ex-
ceeds 35
If the
term
being
not ex-
ceed 35
years, but
does not
definite
exceeds
years,
or is in-
definite.
exceed
100 years.
100 years.
s. d.
s. d.
*. d.
Not exceeding 5 per annum
6
030
060
Exceeding 5 and not
exceeding 10
1
060
12
10
15
1 6
090
18
15
20
2
12
140
20
25-
2 6
15
1 10
25
50
5
1 10
300
50
75
7 6
250
4 10
75
100
10
300
600
100
For every full sum of 50, and also for
any fractional part of 50 thereof . . .
5
1 10
300
.
Lease, assignment or surrender ot, on a sale
("Same duty as on a
)
x. C Oil v c VclllC *
Lease, assignment or surrender of by way C Same duty as on a bond
of mortgage .................. t or mortgage.
Lease of any other kind whatsoever not hereinbefore de-
scribed .............................. 10
Lease, Counterpart of. See " Duplicate."
Where the consideration consists of any produce or other goods, the
value is to be deemed a consideration in respect of which the lease
is chargeable with duty.
A lease is not to be charged with duty in respect of a penal rent, or by
reason of being made in consideration of the surrender of an
existing lease.
No lease made for any consideration in respect whereof it is charge-
able with ad vol. duty, and in further consideration, either of a
covenant by the lessee to make, or of his having previously made,
any substantial improvement of or addition to the property
demised to him, or of any covenant relating to the matter of the
lease is to be charged with any duty in respect of such further
consideration.
No lease for a life or lives not exceeding three, or for a term of years
determinable with a life or lives not exceding three, and no lease
STAMP DUTIES. 361
for a term absolute not exceeding twenty-one years, granted by an
ecclesiastical corporation, is to be charged with any higher duty
than thirty-five shillings.
Letter of Licence from creditors to a debtor 10
Licence to Assign. See "Agreement" and "Deed." (a)
Mortgage and Bond, of any kind.
(1) Being the only or principal security for the payment or repayment
of money not exceeding 25 8
Exceeding 25 and not exceeding 50 1 3
50 100 026
100 150 039
150 200 050
200 250 063
250 300 076
300
For every 100, and also for any fractional part of 100, of such
amount 026
(2) Being a collateral, or auxiliary, or additional, or substituted security,
or by way of further assurance for the above-mentioned purpose
where the principal or primary security is duly stamped :
For every 100, and also for any fractional part of 100, of the
amount secured 6
Exemption (inter alia). A mortgage by a member of a benefit
building society for securing the repayment to the society of not
exceeding 500.
Power of Attorney 010
(And see Note (a) to Precedent 148, ante, p. 222.)
Progressive Duty. Abolished.
Re-Assignment. See " Re-conveyance."
Receipt given for or upon the payment of money amounting to 2
or upwards 1
Receipts cannot be stamped after a month from date, nor within that
period without a penalty of 5 if within fourteen days, or 10 if
beyond.
A receipt given abroad may be stamped within two months after its
first arrival in the United Kingdom.
(a) As regards stamping licences to a lessor to assign, it would appear
that a common deed stamp is required if under hand and seal ; and an agree-
ment stamp, if under hand only, and they contain any proviso or restriction ;
otherwise no stamp appears to be necessary : (2 Crabb's Conv. 911).
362 PRECEDENTS IN CONVEYANCING.
Re-Conveyance. For every 100, and also for any fractional part
of 100 of the total amount or value of the money at any time
secured 006
Release or Renunciation of any property or of any right or interest
in any property upon a sale. See " Conveyance."
By way of security. See " Mortgage."
In any other case 10
Settlement. Any instrument, whether voluntary or upon valuable
consideration, other than a bond fide pecuniary consideration,
whereby any definite and certain principal sum of money (whether
charged or chargeable on lands or not, or to be laid out in the pur-
chase of lands, or not), or any definite and certain amount of
stock, or any security, is settled or agreed to be settled in any
manner whatsoever :
For every 100, and also for any fractional part of 100, of the amount
settled 050
Exemption. Instrument of appointment relating to any property in
favour of persons specially named as the objects of a power of
appointment, created by a previous settlement duly stamped, or by
will, where duty has been paid.
Where, in the case of a policy of insurance, no provision is made for
keeping up the policy, the ad vol. duty is to be charged only on
the value of the policy at the date of the instrument. If in any
such case the instrument contains a statement of such value and is
stamped in accordance with such statement, it is, so far as regards
such policy, to be deemed duly stamped, unless it is shown that
such statement is untrue.
Where any money, stock, or security, is settled by a person who has
only a reversionary interest therein, and the instrument contains a
covenant by the person entitled in possession to the interest or
dividends of such money, &c., for the payment during the con-
tinuance of such possession, of any annuity or yearly sum not
exceeding interest at the rate of four pounds per centum per
annum upon the amount, such instrument shall not be charged
with any duty in respect of such covenant.
Where several instruments are executed for effecting the settlement
of the same property, and the ad vol. duty chargeable in respect
of the settlement of such property exceeds ten shillings, one only
of such instruments is to be charged with the ad val. duty.
Where a settlement is made in pursuance of any previous agreement
upon which any ad val. settlement duty exceeding ten shillings
has been paid in respect of the same property, such settlement is
not to be charged with any ad val. settlement duty.
STAMP DUTIES. 363
In each of the aforesaid cases, the instruments not chargeable with
ad vol. duty are to be charged with the duty of ten shillings.
Spoiled Stamps. Application for allowance must be made at
the Allowance Office, Somerset House, on Tuesdays and Thursdays
from 12 to 2, and on Saturdays from 10 to 12. Country claims
must be left, with an affidavit, on Tuesdays and Thursdays before
12 or after 2, and on Saturdays from 12 to 4 ; other days from
10 to 4. The allowance ticket may be had on the following
Monday. The hours of attendance at No. 2, Great Winchester-
street Buildings, London Wall, for the allowance of Sea Policy
and General Spoiled Stamps are from 11 to 2 o'clock on Mondays,
Wednesdays, and Fridays. All applications must be made within
six months of stamps being spoiled, or first date of execution ;
and affidavit (forms provided at Somerset House) of the stamps
being spoiled must be made before the Commissioners or a
Chancery Commissioner ; i.e., a Commissioner to administer oaths
in the Supreme Court.
Stamping Executed Deeds. All unstamped or insufficiently
stamped deeds (with certain exceptions, and where stamping after
execution is absolutely prohibited), may be stamped within two
months from date free of penalty ; and also after execution, on
payment of the unpaid duty and a penalty of 10 ; also a further
penalty where the unpaid duty exceeds 10 of interest on such
duty, at the rate of 5 per cent, per annum from the day upon
which the deed was first executed, up to the time when such
interest is equal in amount to the unpaid duty. But the Commis-
sioners of Stamps are empowered at any time within twelve months
of first execution to remit all or any part of the penalty, when it
is shown to their satisfaction that the omission occurred by
accident, mistake, inadvertency, or urgent necessity, and without
any intention to defraud the revenue, or to delay or evade payment
of the duty. In such case special application must be made to
the Commissioners by memorial, stating the facts, accompanied by
a statutory declaration which it is not necessary to stamp.
Instruments executed abroad may be stamped, without penalty,
within two months after arrival in England. In all cases of
alteration of date, whether by erasure or otherwise, a statutory
declaration must be presented, stating the circumstances. See
Note (&) to Precedent 106, ante, p. 171.
Surrender of Lease. See " Lease."
Surrender not chargeable with duty as a conveyance on sale or
mortgage 10
Undertaking. See " Agreement."
364 PRECEDENTS IN CONVEYANCING.
Unstamped Instruments. Upon the production of an instrument
chargeable with any duty as evidence in any court of civil judi-
cature in any part of the United Kingdom, the officer whose duty
it is to read the instrument shall call the attention of the judge to
any omission or insufficiency of the stamp thereon, and if the
instrument is one which may legally be stamped after execution,
it may, on payment to the officer of the unpaid duty, and the
penalty payable by law on stamping the same as aforesaid, and of
a further sum of 1, be received in evidence, saving all just
exceptions on other grounds.
The large type refers to the Precedents, and the italic to the
Notes and Appendix.
ACTION : PAGE
recital of commencement of 233
ADHESIVE STAMPS:
cancellation of ... 354
use of , allowed in what cases 353
ADJUDICATION STAMP :
how obtained ... ... ... ... ... ... ... 354
ADMINISTRATION :
power of attorney to obtain letters of ... ... ... 209
ADMINISTRATOR:
release to, on payment of composition by 247
ADVANCEMENT CLAUSE : 295,297,300,314,349
AGENT :
action against for specific performance ... ... ... 240
bond to secure discharge 01 duties by 326
AGREEMENT :
altering terms of ... 32
recital of 239
release from ... ... ... ... ... ... ... 252
stamp on ... ... ... ... ... ... 354, 355
undertaking to deposit ... ... ... ... ... 282
AGRICULTURAL SUPERINTENDENT :
agreement for services of ... ... ... ... ... 42
ALE AND PORTER AGENCY :
agreement for ... N . . . ... ... ... ... ... 45
ALIEN:
law affecting ... ... 173
ALTERATIONS :
attestation of deed containing 83
contract for , 112
ANNUITY :
bequest to wife of 313
release of 255
366 PRECEDENTS IN CONVEYANCING.
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
APPOINTMENT : PAGE
codicil giving a power of ... 323
notice of 193
will in exercise of power of 296,305
APPRENTICESHIP :
indenture of ... 335
how stamped 355
ARBITRATION :
agreement to refer to 60,62,64
how it should be attested 61
ASSIGN :
licence to 168,169
how stamped 369
ASSIGNMENT :
how stamped ... ... ... ... ... ... ... 355
for benefit of creditors, recital of 244
ASSISTANT :
agreement for services of ... 55
ASSURANCE :
voluntary settlement of life policy of 345
ATTESTED COPT:
certificate on ... ... ... ... ... ... ... 328
how stamped ... ... ... ... ... ... ... 355
ATTORNEY :
attestation of execution of deed by ... 82
how deed should be executed by 82
cannot delegate powers ... ... ... ... ... 217
release to, on payment of composition by ... 249
testimonium to deed executed by ... ... ... ... 280
ATTORNMENT :
by mortgagor , 4
AUTHORITIES :
cited or referred to
Barry's Law of Building Societies 288
Treatise on Conveyancing 86,227
Blackstone's Commentaries, vol. 2 81
Brooke on the Office of a Notary ... ... 262
Campbell (Lord) 257
Crabb's Conveyancing, vol. 2 361
Cresswell (Sir C.) 85
Dart's Vendors and Purchasers ... ... ... ... 100
Davidson's Concise Precedents ... 168
Davidson's Conveyancing, vols. 1 and 2 ... ... 227, 337
Fisher on Mortgages ... ... ... ... 181
Hansard 183
INDEX. 367
The large type refers to the Precedents, and the italic to the
Notes and Appendix.
AUTHORITIES (continued] :
cited or referred to (continued) : PAGE
Hayes's and Jarman's Concise Forms of Wills 308
Hayes's Concise Conveyancer ... 354
Jarman's Conveyancing, vol. 6 ... ... 120
Platt on Leases, vol. 2 144
Powell on the Law of Evidence ... ... ... ... 268
Selwyn's Nisi Prius, vol. 2 189
Smith's Manual of Equity 1,3
Spence's Equitable Jurisdiction of the Court of Chancery 115
Sugden's Treatise on Powers ... ... ... ... 81
Sugden's Vendors and Purchasers ... ... ... ... 173
Watters on the Statutes for the Amendment of the Law
of Property 181
Woodfall's Landlord and Tenant ... ... ... ... 81
AWARD :
how stamped ... ... ... 356
recital of indebtedness on ... ... 238
BAILIFFS :
undertaking given on withdrawing ... 285
BANK:
guaranty to ... 139
BANKERS :
deposit of deeds with ... ... 127
BARMAN :
agreement for services of 21
BEQUEST :
recital of executor's assent to ... ... 236
BILL OF EXCHANGE :
how stamped 356,357
BILL OF SALE ... 338
attestation of ... ... ... 84
authority to hold chattels assigned by 87
how stamped ... ... ... ... ... ... ... 357
notice demanding payment of moneys under ... ... 187
what explanation is required under the statute ... ... 84
BIRTHS, MARRIAGES, AND DEATHS :
information as to certificates of 266
BLIND PARTY:
attestation of deed executed by 82
will signed by ... ... ... ... ... ... 86
BOND:
how stamped ... ... ... ... ... ... ... 357
recital of 238
368 PRECEDENTS IN CONVEYANCING.
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
BORROWER : PAGE
undertaking by ... ... ... 284
why it should be obtained ... ... ... ... 284
BRITISH SHIP:
declaration of trust as to shares in ... ... ... ... 116
BUILDER :
notice to, to proceed ... ... ... ... 189
BUILDING LAND:
lease of ... ... ... ... ... ... ... ... 142
BUILDING SOCIETY :
assignment of shares in ... ... ... ... ... 80
not liable to stamp duty ... ... ... ... 80
declaration as to change of trustees of ... ... ... 263
recital of mortgage of leaseholds to ... ... ... ... 236
memorandum of further charge to ... ... ... 237
undertaking by mortgagor, on second mortgagee paying
off mortgage to 288
what receipt of, should specify ... ... ... 288
CARRIER -.
notice to ... ... ... ... ... ... ... 190
CELLAR :
agreement to let ... ... ... ... ... ... 5
CERTIFICATE :
declaration verifying ... ... ... ... 268
what the copy proves ... ... ... 268
CHARGE :
notice of 187,193
CODICIL :
recital of 232,233
COMMISSION AGENT:
agreement for services of ... ... ... ... ... 58
COMPANY :
attestation of deed executed by ... ... ... ... 84
testimonium to contract executed by ... ... ... 279
deed executed by ... ... ... 280
COMPOSITION :
assignment of debts in consideration of ... 77
receipt for ... ... ... 224
undertaking to accept ... ... ... ... 281
CONCERT HALL :
agreement for services at ... 56
CONCLUSION :
to declaration, Lord Campbell's opinion on ... ... 257
INDEX. 369
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
CONSIDERATION MONET: PAGE
receipt for ... 223
CONSUMABLE STORES:
bequest of ... 309
CONTRACT :
agreement to rescind 31
building ... 94
equitable mortgage of interest under ... ... ... 118
recital of 230,231,235
testirnonium to ... ... ... ... ... ... ... 279
CONVEYANCE :
how stamped ... ... ... ... ... ... ... 357
recital of 246
COPYHOLDS :
acknowledgment that surrender of, never acknowledged ... 3
attestation of surrender of ... ... ... ... ... 83
recital of enfranchisement of 245
CORPORATION:
surrender of a lease to 271
testimonium to deed executed by 280
COUNTERPART :
how stamped ... ... ... 358
CREDITORS :
notice to ... ... ... ... ... ... ... 181
release by 247,249,251
statutory notice to ... ... ... ... ... 181,183
how advertised ... ... ... ... ... ... 181
DAUGHTER :
will of all to ... 291
DEAF AND DUMB PARTY :
attestation of deed executed by 82
will signed by ... ... ... ... ... ... ... 85
difficulty attending ... 85
DEATH :
declaration in proof of ... ... 265
recital of 232,233,236
DEBT:
acknowledgment of ... ... 2
declaration in proof of 262
guaranty of ... 136
owing to testatrix, provision in will relating to ... ... 304
release from ... ... ... ... ... ... ... 251
DEBTS :
assignment of ... 77
B B
370 PRECEDENTS IN CONVEYANCING.
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
DECLARATION OF TRUST: PAGE
how evidenced ... ... ... ... 115
how stamped ... ... ... ... ... 358
DEED:
attestation of 81,82,83,84
how stamped ... 358
memorial to stamp ... ... ... J.70, 171
testimonium to ... ... ... ... ... ... ... 279
time for stamping, when executed abroad ... ... ... 363
undertaking to stamp ... ... ... ... 282
DEED POLL:
testimonium to ... ... ... ... 279
DEEDS :
mortgage by deposit of 124,125,127
needs no stamp ... ... 124
should contain exact terms ... ... ... ... ... 125
receipt for 1,226
recital as to production of ... ... ... ... ... 241
of deposit of 239
remedy of mortgagee under deposit of ... 125
DENOTING STAMP:
how obtained ... ... ... ... ... ... ... 358
DISCLAIMER :
recital of ... ... ... ... ... 241
DIVIDEND :
receipt for ... ... ... ... ... 225
DOWER :
recital of conveyance to uses to bar ... ... ... ... 246
DUTIES :
bond for performance of ... ... ... 326
guaranty for performance of ... 137
DWELLING-HOUSE :
agreement to let ... ... ... ... ... ... 4
for sale of 19,20
on paying execution out of 68
contract for building ... ... 102
lease of 147,151
EJECTMENT :
undertaking given on suffering judgment in ... ... 287
EQUITABLE MORTGAGE :
how stamped ... ... ... ... 120, 359
of chattels, should be registered ... ... 133
why objectionable ... ... ... ... ... ... 134
EQUITABLE MORTGAGEE:
not liable for rent or breach of covenant ... ... ... 130
INDEX. 371
* The large type refers to the Precedents, and the italic to the
Notes and Appendix.
EQUITY OF REDEMPTION: PAGE
release of 253
ERASURES :
attestation of deed containing 83
ESTOPPEL :
how effected ' ... 224
EXECUTORS :
appointment of... 290,291,296,298,302,308,309
legacy to 307
ultimate trust in will for ... 302
EXHIBIT :
memorandum of ... ... ... ... ... ... 263
FIELD :
agreement to let ... .. 8
FIXTURES :
recital of ownership of ... ... ... ... ... 241
FOREMAN:
agreement for services of 36,39
FREEHOLD LAND:
agreement for sale of 26,30
reconveyance of ... ... ... ... ... ... 337
FUNERAL EXPENSES:
direction as to payment of 292,294,299,307,312
FURNISHED HOUSE :
agreement to let 5
FURNITURE :
bequest of 293,298
FURTHER CHARGE :
equitable ... ... ... ... ... ... ... 133
how stamped 359
notice of 194
second 342
OOODS :
notice demanding delivery of 188
of claim to 189,190
GOODWILL:
transfer of ', liable to ad valorem duty 208
GRANDCHILDREN :
devise of residue on condition to 291
OUARANTY :
consideration for, needs not appear 135
must be in writing ... ... ... ... ... ... 135
stamp on 135, 359
B B 2
372 PRECEDENTS IN CONVEYANCING.
%* The large type refers to the Precedents, and the italic to the
Notes and Appendix.
HEIRSHIP : PAGE
declaration in proof of ,,. ... ... ... ... 265
HOUSE AND SHOP:
agreement to let 12
HOUSEHOLD EFFECTS:
assignment of ... ... ... ... ... ... ... 75
bequest of 293,298
to wife for life 309
bill of sale of 338
voluntary settlement of ... 345
HOUSEHOLDERS :
declaration by 269
HUSBAND AND WIFE :
agreement for services of 56
separation deed between * ... 332
what stipulation void in ... ... ... ... 334
IDENTITY :
of land, declaration as to 260
INCUMBRANCES :
declaration as to ... ... ... ... ... ... 259
INSURANCE OFFICE :
notice of assignment to ... 184,185
obligatory on, to acknowledge notice 186
when declaration required by ... ... ... ... 261
INTERLINEATIONS :
attestation of deed containing 83
INTENTION:
agreement for testing and working ... 52
INVESTMENT CLAUSE : 294,303,318,349
JOINT ACCOUNT :
recital of a purchase having been made on 240
JUDGMENT :
assignment of furniture in part discharge of 75
recital of 233
JUDGMENTS .-
statutes relating to ... 259
JURAT:
form of, to declaration ... 258
JUSTICES :
certificate of, not required for sale of intoxicating liquors
in theatres ... 16
notice of application to ... 178
summary proceedings before ... ... 179
INDEX. 373
The large type refers to the Precedents, and the italic to the
Notes and Appendix.
LAND : PAGE
contract for purchase of ... ... ... ... ... 94
recital that mortgagees should release 239
LANDLORD :
under no obligation to repair 149
LAND SOCIETY:
conveyance to member of 328
undertaking by members of ... ... ... ... ... 286
LAPSE:
provision in will against ... ... ... ... ... 307
LAPSED LEGACIES:
codicil bequeathing 322
LEASE :
agreement between partners that they are jointly inte-
rested in ... ... ... ... ... ... ... 69
equitable mortgage on deposit of copy 128
how granted of property in mortgage ... ... ... 169
notice of charge on 187
to determine ... ... ... ... ... ... 176
power to, in will ... 316
recital of '. ... 227
agreement to assign 242
deposit of 236
mortgage of 228
second mortgage of 228
transfer of
stamp on ... 359, 360
why counterpart should be executed by lessee only ... 150
LEASE AND COUNTERPART:
testimonium to . . . ... ... ... ... ... ... 279
LEASEHOLDS :
assignment of 70,72
re-assignment of ... ... ... ... ... ... 262
what additional covenant mortgagee entitled to in 262
recital of agreement to accept a surrender of 243
auction sale of ... ... ... ... ... ... 240
appointment by will of 235
LEGACY :
pecuniary 290,293,301,308,312
why duty should be paid out of general estate 308
LEGATEE :
receipt by ... ... ... ... ... ... ... 226
LICENCE -.
/authority to use notices for transferring 88
doubtful whether it can be held in the name of another. . . 23
letter of 163,165
how stamped 165,361
374 PRECEDENTS IN CONVEYANCING.
%* The large type refers to the Precedents, and the italic to the
Notes and Appendix.
LIGHTS : PAGE
agreement as to 66
LOAN:
guaranty for 135
MAINTENANCE CLAUSE 295, 297, 315, 349
MARKSMAN :
attestation of execution of deed by 82
will signed by 87
MARRIAGE :
articles of 324
MARRIED WOMAN:
will of 296
MEMORIAL :
declaration of the truth of 268
verifying statements in ... 268
MERCHANT VESSEL :
agreement between co-owners for the management of ... 47
power of attorney as to 217
property in, how divided ... 47
MONTH :
tenancy from month to 4,5
MORTGAGE :
how stamped ... ... ... ... ... ... ... 361
notice of transfer of moneys secured on ... 191
receipt for moneys secured on ... ... 227
recital of amount due on ... ... ... ... ... 231
MORTGAGE ESTATES:
devise of 292,315
MORTGAGEE :
declaration of trust by ... ... ... 117
equitable mortgage by ... ... ... ... ... 123
power of attorney from ... ... ... ... ... 214
release of equity of redemption to ... ... ... ... 253
undertaking by ... ... ... ... ... ... 287
MORTGAGEES :
recital that purchase money should be paid to 239
MUSIC HALL:
lease of ... ... 157
NAME:
declaration of trust, as to use of ... 115
indemnity to person permitting use of ... ... ... 141
notice of adoption of ... ... 183
NATURAL CHILDREN :
will in favour of 301
INDEX. 375
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
NATURALIZATION : PAGE
memorial for certificate of 172
declaration verifying statements in ... 269
regulations made in reference to applications for ... 172
NEW TRUSTEES :
power to appoint 292,318,350
NEXT OF KIN :
bequest to ... 304
NOTICE:
suggestions as to service of generally ... ... ... 192
OBLITERATIONS :
attestation of deed containing ... ... 83
OFFICE :
agreement to let 7
PARTITION :
recital of agreement for ... ... 242
PARTNERS :
equitable mortgage by ... ... ... 121
power of attorney from 208,212,220
PARTNERSHIP :
agreement giving option of purchasing share in ... ... 33
articles of ... ... ... ... ... ... ... 195
clause limiting ... ... ... ... 201
deed of dissolution of ... 203
liable to ad valorem duty 208,358
memorandum cancelling articles of 202
notice to determine 190
of dissolution of 179
how verified 180
power of attorney to dissolve 210
receipt explaining articles of 201
recital of ...^ ... 240
dissolution of ... ... ... ... ... 243
that lease is property of 242
PERSONAL ESTATE :
will of 290
PILOT BOAT:
declaration of trust as to shares in ... 116
POLICY :
contract for purchase of 235
mortgage of ... ... ... ... ... ... ... 235
notice of assignment of 184,185
recital of ... 234
POWER OF ATTORNEY :
declaration by attesting witness to ... 262
how verified ... ... ... ... ... ... ... 262
if for valuable consideration not revocable 208
stamp on 222, 361
376 PRECEDENTS IN CONVEYANCING.
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
PROBATE : PAGE
recital of 232,233,236
PROGRESSIVE DUTY:
not now chargeable ... 361
PROMISSORY NOTES:
recital of liability on ... ... ... 234
PUBLIC HOUSE :
agreement for purchase of lease of ... 21, 23
assignment of ... ... ... ... ... ... ... 72
lease of 152, 157
PULLING DOWN :
premises, contract for ... ... ... ... ... ... 113
PURCHASE :
agreement giving option of ... ... ... ... ... 33
QUIT:
notice to ... ... ... ... ... ... ... 174
written notice to, not ordinarily necessary ... ... ... 174
REAL AND PERSONAL ESTATE :
will of 289,291,293,298,300,301,303,309
RECEIPT :
how stamped ... ... ... ... ... 361
RECITAL :
as to fixtures ... ... ... ... 241
production of deeds ... ... ... ... ... 241
purchase moneys... ... ... ... ... ... 239
of action 233
of agreement 231,239,242,243
of amount due on mortgage 231
of appointment by will 235
of assent to bequest ... ... ... ... ... ... 236
of assignment ... ... 244
of auction sale ... ... ... ... ... 240
of award 238
of bond 238
of codicil 232,233
of consent by mortgagees to release. .. ... ... ... 239
of contract 230,231,235,238
of conveyance ... 246
of death 232,233,236
of deposit 236,239
of disclaimer ... ... ... ... ... ... ... 241
of dissolution of partnership ... ... 243
of enfranchisement ... ... ... ... ... ... 245
of further charge 237
of judgment ... ... ... ... ... ... ... 233
of lease 227
of mortgage 228,235,236
INDEX. 377
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
RECITAL (continued) : PAGE
of partnership 240
of policy 234,235
of probate 232,236,236
of promissory notes 234
of property in lease ... ... ... ... ... ... 242
of purchase on joint account 240
of re-conveyance ... ... ... ... ... ... 246
of re-conveyance not executed ... 230
of request to convey ... ... ... ... ... ... 233
of sale not made 230
of second mortgage ... ... ... ... ... ... 228
of sub-contract. .. ... ... ... ... ... ... 230
of transfer 229
of will 231,235
RECITALS :
reference to treatises on ... ... ... ... ... 227
RECONVEYANCE :
recital of ... ... ... ... ... ... ... 246
non-execution of ... 230
REDDENDUM :
better form of ... ... ... ... ... ... ... 152
RELEASE :
executor cannot require 227
whether by parol or by deed ... ... 247
RENT:
authority to distrain for 93
guaranty for ... ... ... ... ... ... ... 136
part surrender in consideration of abatement in 275
REPAIR :
notice to lessee to ... ... ... ... ... ... 175
REQUEST :
recital of, to convey ... 233
RESIDUE :
devise of 292, 293, 308
SALE:
agreement for 19,20,23,26,30
recital of no sale under trust for ... 230
trust for 292, 293; 299
SECOND MORTGAGE :
notice of 186
SEPARATE ESTATE :
declaration that wife had no ... ... ... ... ... 261
when required ... ... ... ... ... ... ... 261
SEPARATE USE :
bequest and devise to ... ... ... ... ... ... 303
trust for, in will 314
378 PEECEDENT8 IN CONVEYANCING.
%* The large type refers to the Precedents, and the italic to the
Notes and Appendix.
SETTLEMENT : PAGE
how stamped 362,363
SHARES:
authority to convey land in respect of ... ... 88
SHERIFF :
noticeto... ... ... ... ... ... ... 176
SLAUGHTER HOUSE :
agreement to let ... ... ... ... ... ... 14
SMALL- WARE BUSINESS:
agreement for sale of ... ... ... ... ... ... 20
SOLICITORS :
authority to pay consideration money to ... ... ... 89
undertaking by ... 285
SPOILED STAMPS:
return of, how obtained ... ... ... ... ... 363
STAMP DUTY :
on agreements ... ... ... 354, 355
apprenticeship indentures ... ... ... ... ... 355
articles of marriage 355
partnership ... ... ... ... ... 355
assignments ... ... 355
attested copies ... ... ... ... ... 355
awards ... ... ... ... ... ... ... ... 356
bills of exchange ... ... ... ... ... 356, 357
bills of sale 357
bonds 357
contracts ... ... ... ... ... ... ... 357
conveyances ... ... ... 357
copies ... ... ... ... ... ... ... ... 358
counterparts ... ... ... 358
declarations of trust ... ... ... ... ... ... 358
deeds 358
deposits of title deeds ... ... ... ... 358
dissolutions of partnership ... ... ... ... ... 358
duplicates ... ... ... ... ... 359
equitable mortgages ... ... ... ... ... ... 359
further charges ... ... ... ... 359
guaranties ... ... ... 359
leases 359,360,361
letters of licence ... ... 361
mortgages ... ... ... 361
powers of attorney ... ... ... 361
re-assignments... ... ... ... ... 361
receipts ... ... ... ... ... 361
re-conveyances ... ... ... 362
releases ... ... ... ... 362
settlements ... ... ... 362
surrenders ... ... ... ... ... ... ... 363
undertakings ... ... ... ... ... 363
INDEX.
* # * The large type refers to the Precedents, and the italic to the
Notes and Appendix.
STATUTE-BARBED DEBT: PAGE
acknowledgment of 2
what a sufficient 2, 3.
STATUTES :
cited or referred to
12 Car. 2, c. 24 289
29 Car. 2, c. 3 115,135,271
2 Will. & M., sess. 1, c. 5 285-
8 Anne, c. 14 176
4Geo. 2,c.28 174
11 Geo. 2, c. 19 174
36Geo. 3, c. 52 308
54 Geo. 3, c. 168 81
9 Geo. 4, c. 14 2
3& 4 Will. 4,c.27... 2
3& 4 Will. 4, c. 74 255
5& 6 Will. 4. c. 30... 16
5& 6 Will. 4, c. 50... 95
5& 6 Will. 4. c. 62 ... 282
6& 7 Will. 5, c. 32 80-
6& 7 Will. 4, c. 86 266
IVict. c. 22 266
IVict. c. 26 289
1& 2 Viet. c. 74 178,179
1& 2 Viet. c. 110 259
2& 3 Viet. c. 11 259
6& 7 Viet. c. 68 16
7& 8 Viet. c. 96 176
8& 9 Viet. c. 106 271
14 & 15 Viet. c. 99 268
15 & 16 Viet. c. 24 289
16 & 17 Viet. c. 134 266
17 & 18 Viet. c. 104 47,116
18 & 19 Viet. c. 15 259
19 & 20 Viet. c. 97 2,135
19 & 20 Viet. c. 108 176,179
22 & 23 Viet. c. 35 81,168,209
23 & 24 Viet. c. 38 168,259
24 Viet. c. 10 176
24 & 25 Viet. c. 114 289
24 & 25 Viet. c. 121 289
27 & 28 Viet. c. 112 259
28 & 29 Viet. c. 86 36
30 & 31 Viet. c. 144 185,186
33 Viet. c. 14 172,173
33 & 34 Viet. c. 97 151,170,353
33 & 34 Viet. c. 98 353
33 & 34 Viet. c. 102 172
380 PRECEDENTS IN CONVEYANCING.
* *
The large type refers to the Precedents, and the italic to the
Notes and Appendix.
STATUTES (continued):
cited or referred to (continued) : PAGE
35 & 36 Viet. c. 39 172
35&36Yict. c. 94 16
36 & 37 Viet. c. 66 78,100,181,185
37 & 38 Viet. c. 57 2
37 & 38 Viet. c. 62 2
37 & 38 Viet. c. 78 25
38 & 39 Viet. c. 90 336
38 & 39 Viet. c. 92 ... 10
41 & 42 Viet. c. 31 ... ... ... 84,133
STATUTORY DECLARATION :
how stamped ... ... ... 358
whether it should be subscribed as well as declared . . . 258
STEAM ENGINE :
agreement for hire of ... ... ... 10
STOCK-IN-TRADE :
agreement for sale of ... ... 20
receipt for purchase money of ... ... ... ... 223
STOPPAGE IN TRANSITU :
how effected ... ... ... ... ... 190
SUB-CONTRACT :
recital of 230
SUB-CONTRACTOR :
contract with ... ... ... ... ... Ill
SURETY :
indemnity to ... ... ... ... ... 140
TENANT -.
notice to 177,178,180
THEATRE :
agreement to let ... ... 14
person to be licensed in respect of ... ... ... 16
desirable to be precise in... ... ... ... ... 18
TITLE:
acknowledgment of ... ... ... ... ... ... 2
TITLE DEEDS:
acknowledgment of receipt of ... ... ... 1, 226
mortgagee not bound to produce ... ... 1
TRADE:
provision in will for carrying on ... ... ... ... 310
TRADE NAME :
property in ... ... ... 199
TRUST:
declaration of 115,116,117
how evidenced ... ... ... ... ... ... 115
not recognised under Merchant Shipping Acts . . . 116
INDEX. 381
* The large type refers to the Precedents, and the italic to the
Notes and Appendix.
TRUSTEES : PAGE
authority to .................. 89,91,92
liable for breach of trust ... ............ 89
power of attorney from ... ............ 216
TRUST ESTATES :
devise of ... , .............. 292,315
UNSTAMPED INSTRUMENTS:
how made evidence ... ... ... ... ... ... 364
VENDOR :
declaration by ... ... ............... 259
release from ... .................. 252
VOLUNTARY SETTLEMENT ... ............ 345
acknowledgment as to explanation of ... ... ... 3
registration and re-registration of ...... ... ... 351
WAT:
surrender of right of ............... ... 277
WIDOW:
codicil of .................. 320,323
will of ..................... 300,303,305
will of all to ..................... 289
WILL:
attestation of ............ ...84,85,86,87
codicil reviving ... ... ... ... ... ... 319
how attested .................. 84,85,86
notice of appointment of interest tinder ... ... ... 193
notice of assignment of all interest under ......... 184
power of attorney to act in respect of share under . . . 218
recital of .................. 231,235
testimonium to ............... ... 280,281
WITNESS :
declaration by, as to execution of deed ... ... 258
notice ......... 257
power of attorney . . . 262
YEAR:
tenancy from year to year ......... 5, 7, 8, 12, 14
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Accumulation of Property Apportionment Assignment of Pay Bank Holidays
Bills of Exchange Bills of Lading Bills of Sale Carriers Charitable Uses, <fcc.
Cheques Church and Clergy Companies Copyright in Books Death by Negli-
gence Debts of Deceased Persons Distribution, Statutes of Dower Factors. &c. .
Fines and Becoveries Frauds, <fec. Fraudulent Conveyances OJame Improve-
ment of Land Infants Inheritance Innkeepers Interest Judgment Debtor
Judgments -Landlord and Tenant Leases Legacy Duty Life Assurance Limi-
tation of Actions Marine Assurance Married Women Master and Servant
Mercantile Law Amendment Mortgage Debt Mortgagees Naturalisation
Parliamentary Language Partition Partnership Powers of Appointment Pre-
scription Railways Real Property - Reversionary Interests -Settled Estates
Sheep and Cattle Solicitors Succession Duty Trade Marks Trustees, Executors,
and Administrators Uses Warrant of Attorney and Cognovit Wills.
PART II. Statutes Relating to the Supreme and County Courts.
Constitution, Jurisdiction, &c., of the Supreme Court Chnncery DivisionCommon
Law Divisions Probate and Divorce Sub-Divisions Evidence and Witnesses
County Courts.
PART III. Statutes Relating to Bankruptcy.
PART IV. Statutes Relating to the Criminal Law.
LAW BOOKS, Ac., PUBLISHED BY HORACE COX,
Cox's Summary Jurisdiction Act, 1879.
THE SUMMARY JURISDICTION ACT, 1879, with Analysis
and Practical Notes; The Summary Jurisdiction Act, 1848 (Jervis's
Act) incorporated therewith, to which are added The Criminal Justices
Acts, The Summary Proceedings before Justices Act, The Larceny and
Embezzlement Act, The Penal Servitude Act, The Prosecution of Offences
Act, 1879, The Prisons Act, 1879, with the New Rules and Forms. By
the late Mr. SERJEANT Cox. Price 7s. Qd.
The NEW RULES can be had separately, price 6d. [1879.
rpHE STUDENT'S STATUTES for 1879. With Table of
JL Repeals. By JOHN F. HAYNES, LL.D. Price 2s. 6d. ; by post, 2s. Id.
[1879.
HPHE STUDENT'S STATUTES for 1880. With Table of
JL Repeals. By JOHN F. HAYNES, LL.D. Price Is. ; by post, Is. Id.
[1880.
rriHE STUDENT'S GUIDE to the LAW and PRACTICE of
JL the DIVISIONAL COURTS of PROBATE and DIVORCE,
especially designed for the use of Candidates for the Final Examination of
the Incorporated Law Society. By JOHN F. HAYNES, LL.D., author of
" The Students' Statutes." Price os. [1876.
rpHE STUDENT'S GUIDE to the JURISDICTION and
JL PRACTICE of the ADMIRALTY SUB-DIVISION of the HIGH
COURT of JUSTICE, especially prepared for the use of Candidates for
the Final and Honours Examinations of the Incorporated Law Society. By
JOHN F. HAYNES, LL.D., Author of the "Student's Statutes," the
" Student's Guide to the Probate and Divorce Courts," and the " Student's
Leading Cases," &c. Demy 8vo., price 2s. 6d. ; post free, 2s. Id. [1880.
The Journal of the County Courts.
THE COUNTY COURTS CHRONICLE and GAZETTE of
BANKRUPTCY (Monthly, price Is. 6d) has been greatly improved
and enlarged in accordance with the extension of the Jurisdiction of the
County Courts under 30 & 31 Viet. c. 142.
To enable it to treat more completely of the many matters on which the
Judges, Officers, and Practitioners require to be kept regularly informed, and
to give to it the importance which, as the Journal of the County Courts, and
their long-established official organ, it is entitled to assume, it has been
enlarged to twenty-four pages, of the size and shape of the LAW TIMES, the
Reports of Cases relating to County Courts Law decided by the Superior
Courts being continued in the octavo form, as more convenient for citation
in Court.
Communications are specially invited to the department of "Queries,"
which is designed to do for the County Courts what the Justice of the Peace
does for the Magistrates' Courts.
N.B. The COUNTY COUBTS CHRONICLE was commenced with the County
Courts. It is recognised as the official organ of the Courts, the Treasury
having made an order that it shall be supplied to all the Judges.
AT-10, WELLINGTON-STREET, STRAND, W.C. 5
COX'S ARTS of BEADING, WRITING, and SPEAKING.
Letters to a Law Student. By the late Mr. SERJEANT Cox. Third
Edition (Sixth Thousand). Price 7s. 6d. [1881.
Cox's Digest of Magistrates' Cases.
A DIGEST of all the CASES decided by all the COURTS
relating to MAGISTRATES, PAROCHIAL, MUNICIPAL,
ECCLESIASTICAL, and ELECTION LAW, from 1856 to 1869. By
the late Mr. SERJEANT Cox. Price 21s. cloth. [1870.
This MAGISTRATES' LAW DIGEST comprises several hundreds of
cases arranged under the following heads :
Alehouse.
Distress. \ Medical Act
Amendment.
Dover Gas Company's Act
Metropolitan Buildings Act
Animal.
Drainage.
Metropolitan Carriage Act.
Appeal.
Easter Offerings.
Metropolis Gas Act
Apprentice.
Election Law.
Metropolis Local Manage-
Assault.
Elegit.
ment Act.
Assessed Taxes.
Escape.
Metropolitan Police Act.
Attorney-General.
Evidence.
Mortmain.
Ball.
Excise.
Municipal Corporation.
Bastard.
Extradition.
Music and Dancing.
Bastardy.
Factories Acts.
Mutiny Act.
Baths and Washhouses.
False Imprisonment.
Notice of Action.
Bedford Level Act.
Felo de se.
Nuisance.
Beerhouse.
Felon.
Office.
Begin, Right to.
Fish and Fishery.
Overseers.
Benefit Building Society.
Fixtures.
Parish Clerk.
Bigamy.
Foreign Enlistment Act
Pawnbroker.
Bleaching and Dyeing
Friendly Society.
Penalty.
Works Act
Game.
Pigeons.
Board of Works.
Gaming.
Piracy.
Borough.
Gaol.
Police.
Bread.
Gas Works Clauses Act
Police Rate.
Bribery.
Gunmakers Company.
Poor Law.
Bridge.
Gunpowder.
Poor Rate.
Burials.
Habeas Corpus.
Presumption.
Bye-Laws.
Hackney and Stage Car-
Printing Press.
Canal.
riages.
Prison.
Cattle.
Harbour Commissioners.
Prohibition.
Certiorari.
Hawker.
Public Commissioners.
Chapel.
Highway
Public Health.
Charity.
Hoi born Valley Improve-
Public Health Act.
Cheltenham Improvement
ment Act
Quaere Impedit
Act.
Horse Race.
Quarter sessions.
Church.
Inclosure.
Quo Warranto.
Church Building Acts.
Income Tax.
Refreshment House.
Church Bate.
Industrial and Provident
Replevin.
Churchwarden.
Society.
River.
Clergy.
Information.
Road.
Clerk of the Peace.
Informer (Common).
Sabbath Breaking.
Clerk to Justices.
Innkeeper.
Salvage.
Cock Fighting.
Justices.
School.
Colonial Law.
Land Drainage Company.
Sea-Shore.
Common.
Landlord and Tenant. Sequestration.
Constable.
Land Tax.
Sessions.
Contempt.
Lighting, Paving, and
Sewers.
Conviction.
Watching.
Sheriff.
Coroner.
Liverpool Waterworks Act.
Simony.
Corporation.
Loan Society.
Southampton Pier Act.
Counsel
Local Government
Spring Gun.
County Bridge.
Local Government Act
Stage Play.
County Rate.
Lodging-house Keeper.
Statute.
Court Martial.
London (City) Improve-
Street.
Criminal Information.
ment Act
Superstitions Use.
Criminal Law.
Lord's Day Observance Act
Swearing.
Crown.
Lottery.
Thames Conservancy Act.
Cruelty to Animals.
Lunacy and Lunatic.
Thames Embankment Act
Custom.
Malicious Prosecution.
Theatre.
Customs.
Mandamus.
Timber.
Dilapidations.
Markets and Fairs.
Tithes. [(Ireland).
Disorderly House-
Master and Servant. Town Commissioners Act
LAW BOOKS, Ac., PUBLISHED BY HORACE COX,
Cox's Digest of Magistrates' Cases (continued) :
Venue.
Vestry.
Vexatious Indictments Act
Watching, Lighting and
Paving.
Water.
Waterman and Lighterman.
Waterworks.
Way (Right of).
Weighmaster.
Weights and Measures.
Witness.
Work and Labour.
Cox's Principles of Punishment.
THE PRINCIPLES of PUNISHMENT, as applied in the
Administration of the Criminal Law by Judges and Magistrates.
B) the late Mr. SERJEANT Cox. Price 7s. 6rf. [1877.
Saunders's Precedents of Indictments.
PRECEDENTS OF INDICTMENTS ; with a Treatise thereon
and a Copious Body of FORMS. By THOMAS W. SAUNDERS, Esq.,
Police Magistrate. Price 7s. cloth. [1871.
"The author, on the one hand, has furnished a greater variety of Forms than are
to be found in Archbold's Pleading, his design being to supply a book for everyday use
by the practitioner. We can safely recommend this book to the profession, and it will
also be found of great use to Clerks of Assize and Clerks of the Peace." Law Journal.
Feb. 24. 1872.
1877 and 1878.
A MINUTE DIGEST of a COLLECTION of IMPORTANT
JLA. DECISIONS of the ENGLISH APPEAL COURTS, Collected and
Compiled by a SOLICITOR. Price 4s., post free 4s. 2d. [1878.
Allnutt's Wills and Administrations.
PRACTICE of WILLS and ADMINISTRATIONS. By
GEO. S. ALLNDTT, Esq., Barrister-at-Law. Fourth Edition. Pub-
lished at 21s., reduced to 5s. [1860.
A TABLE of the CONTEMPORARY REPORTS from the Year
1847 to 1865, arranged so as to show at a glance all the Reports in
which the cases decided in each year are to be found. Second Edition. Price,
on paper, 2s. [1866.
Cox's Law of Joint-Stock Companies.
The SEVENTH EDITION of the
LAW OF JOINT-STOCK COMPANIES and other Associa-
tions ; comprising the whole of the new Law relating to the Aban-
donment of Railways and the Winding-up of Railway Companies, as
contained in the Statutes relating to Joint-Stock Companies, the General
Orders and Rules of the Court of Chancery, and Decisions of the Courts of
Law and Equity; together with the Industrial and Provident Societies
Acts, and County Court Orders thereon, the Stannaries Act, and Rules,
with Notes as to the Mode of Procedure under them. By EDWARD W. Cox,
Serjeant-at-Law, Recorder of Portsmouth. Seventh Edition, by Charles
J. O'MALLET, LL.B., Barrister-at-Law, of the Middle Temple. Price 21s.
cloth. [1870.
ATW, WELLINGTON-STREET, STRAND, W.C.
THE THIRD EDITION OF
Cox and Saunders's
/CRIMINAL LAW CONSOLIDATION ACTS; with Notes of
Vy all the Cases decided on their construction, and all the Criminal
Law Statutes subsequently passed ; with an Introduction, comprising the
Principles of Punishment, Habitual Criminals, the Forfeiture for Felony
Acts by EDWARD W. Cox, S L. ; the Law of Arrest without Warrant and
the Law as to Attempts to Commit Crimes, by C. S. GREAVES, Q.C. ; and a
Table of Crimes and Punishments, by H F. PURCELL, Esq., Barrister-at-Law.
Third Edition, by the late Mr. SERJEANT Cox, and THOMAS W. SAUNDERS,
Esq., Barrister-at-Law, Police Magistrate. Price 15s. cloth. [1870.
CONTENTS:
IHTBODUCTIOK.
The Principles of Punishment By Edward W. Cox, S.L.
The Forfeiture for Felonies Act. By E. W. Cox, S.L.
The Habitual Criminals Act By E W. Cox, S.L.
The Law of Arrest without a Warrant By C. S. Greaves, Esq., Q.C.
The Law as to Attempts to commit Crimes. By C. S. Greaves, Esq., Q.C.
Table of Crimes and their Punishments. By H. F. Purcell, Barrister-at-Law.
STATUTES.
24 & 25 Viet c. 94 (Accessories and Abettors).
24 & 25 Viet c. 95 (Criminal Statutes Eepeal).
24 & 25 Viet c 96 (Larceny).
24 <fc 25 Viet c. 97 (Malicious Injuries to- Property).
24 & 25 Viet c. 98 (Forgery).
24 & 25 Viet. c. 99 (Coinage Offences).
24 & 25 Viet c. 100 (Offences against the Person).
24 Viet c. 10 (Admiralty Court Jurisdiction), s. 26.
24 & 25 Viet c. 66 (Criminal Proceedings Oath Belief).
24 & 25 Viet c. 110 (Dealers in Old Metals), ss. 3, 4, 5.
24 <fc 25 Viet c. 44 (Discharged Prisoners Aid).
25 <fe 26 Viet c. 54 (Transfer of Land), ss. 105, 106. 107, 138, 139, 140.
25 & 26 Viet. c. 63 (Merchant Shipping Act Amendment) ss. 16, 66.
25 & 26 Viet c. 64 (Naval and Victualling Stores), ss. 1, 2, 4, 5, 6, 7, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23.
25 & 26 Viet c. 65 (Jurisdiction in Homicides).
25 & 26 Viet. c. 88 (Merchandise Marks).
25 & 26 Viet c. 89 (The Companies), ss. 166, 167, 168, 169.
25 & 26 Viet c 103 (Union Assessment Committee), s. 40i
25 & 26 Viet c. 107 (The Juries Act 1862).
25 & 26 Viet c. 114 (Poaching Prevention).
26 & 27 Viet c. 103 (Misappropriation by Servants).
27 & 28 Viet c. 47 (Penal Servitude Acts Amendment).
27 & 28 Viet c. 110 (Limited Penalties).
28 Viet c. 18 (Felony and Misdemeanor, Evidence and Practice Amendment).
28 & 29 Viet c. 127 (Small Penalties).
29 & 30 Viet c. 52 (Prosecution Expenses).
29 & 30 Viet c. 117 (Reformatory Schools).
29 & 30 Viet. c. 118 (Industrial Schools).
30 & 31 Viet. c. 35 (Criminal Law Amendment)
30 & 31 Viet c 115 (Justices of the Peace).
30 & 31 Viet c. 119 (Naval Stores. No. 2).
31 Viet. c. 24 (Capital Punishment within Prisons).
31 & 32 Viet. c. 37 (Documentary Evidence).
31 & 32 Viet c. 62 (Vagrant Act Amendment).
31 & 32 Viet. c. 116 (Larceny and Embezzlement).
32 & 33 Viet. c. 62 (Debtors Act).
32 & 33 Viet c. 68 (Evidence further Amendment).
32 & 33 Viet c 99 (Habitual Criminals) .
33 & 34 Viet c. 23 (Forfeiture for Treason and Felony).
33 & K Viet c 49 (Evidence Amendment).
33 & J4 Viet c. 52 (Extradition).
33 & 31 Viet c. 50 (Forgery).
And a Copious Index.
LAW BOOKS, Ac., PUBLISHED BY HORACE COX,
Hallilay's Examination Questions. .
A DIGEST of the EXAMINATION QUESTIONS in
Common Law, Conveyancing, and Equity, from the commencement
of the Examinations in 1836 to Trinity Term, 1879, with ANSWERS ; also
the mode of proceeding, and directions to be attended to at the Exami-
nation. By RICHARD HALLILAY, Esq., Author of " The Articled Clerk's Hand-
book." Eleventh Edition, by HT. WAKKIIAM PUKKIS, Esq., Solicitor.
Price 18. [1879.
SAUNDERS'S PUBLIC HEALTH ACT, 1875, 38 & 39 Viet. ;
including the Acts incorporated therewith, and the Artizans and
Labourers' Dwellings Improvement Act, 1875. By T. W. SAUNDEBS, Esq.,
Police Magistrate. 8vo., price 10s. 6d. [1875.
Wilson's Bills of Sale Acts.
THE LAW and PEACTICE under the BILLS of SALE ACT,
1878, comprising the Act, Rules, and Forms, with Notes on the General
Law of Bills of Sale. Second Edition, enlarged. By DARUY BRUCE WILSON,
M.A., of the Inner Temple, and North-Eastern Circuit, Barrister-at-Law.
Price 5s. [1881.
COX'S MAGISTRATES', MUNICIPAL, and PAEISH LAW
CASES and APPEALS decided in all the Courts. (Published
Quarterly.) Vols. I. to XI., from 1860 to 1879. Vol. XII., part V., last
issued, price 5s. 6d.
This series is issued immediately before each Quarter Sessions.
MARITIME LAW REPORTS (New Series; published
Quarterly). By J. P. ASPINALL, Esq., Barrister-at-Law, in the
Admiralty Courts of England and Ireland, and in all the Superior Courts,
with a Selection from the Decisions of the United States Courts ; with
Notes by the Editor.
N.B. This is a continuation of the " Maritime Law Cases," placed under
responsible editorship, and will be cited as " Aspinall's Maritime Cases "
(Asp. Mar. Gas.). Quarterly, price 5s. 6d, and will be sent free by post to
subscribers.
Vol. IV., parts I., II., III., and IV., price 5s. 6d. each, issued.
COX'S CRIMINAL LAW CASES ; in the Court of Criminal
Appeal, the Superior Courts, the Central Criminal Court, at the
Assizes, and in Ireland (Published Quarterly.) Edited by JOHN
THOMPSON, Esq., Barrister-at-Law. Vol. XIV., part VIII. last issued,
price 5s. 6d.
The Parts and Volumes which commenced in 1844, can be had. It is
the only complete series of Criminal Cases published in England. An
Appendix contains a valuable collection of Precedents of Indictments.
BOUNTY COURTS, EQUITY, and BANKRUPTCY CASES,
V_y comprising the Decisions in Law and Equity administered in the
County Courts ; the Appeals from the County Courts ; the Judgments in
important Cases decided in the County Courts, and all the Cases in Bank-
ruptcy in all the Courts, from 1864 to the present time.
Sent by post to Subscribers. Published quarterly. Price 4s.
AT 10, WELLINGTON-STREET, STRAND, W.C.
NEW EDITION OF
Saunders's Practice of Magistrates' Courts.
THE PRACTICE of MAGISTRATES' COURTS, including
Petty and Special Sessions; Quarter Sessions, &c, greatly enlarged,
with all Decisions and Statutes. By J. A. FOOTK, Esq., Barrister-at-Law.
Fifth Edition. [In the Press.
Practice of the Law.
THE JUDICATURE ACTS of 1873 and 1875 (36 & 37
Viet. c. 66, and 38 & 39 Viet. c. 77), with the Rules and Orders
Regulating the Practice of the Supreme Court of Judicature, and Forms
and Precedents; together with an Appendix containing the Previous
Enactments expressly incorporated into the New Practice, and a Copious
Index. Edited, with Introductory Chapter and Annotation, by NATHANIEL
NATHAN, Esq., Barrister-at-Law. 8vo., cloth, price 18s. ; limp leather,
22s. 6rf. [1875.
THE SECOND EDITION OF
DORIA AND MACRAE'S LAW AND PRACTICE IN
BANKRUPTCY, under the provisions of the Bankruptcy Act,
1869 (32 & 33 Viet. c. 71); the Debtors Act, 1869 (32 & 33 Viet. c. 62);
and the Bankruptcy Repeal and Insolvent Court Act, 1869 (32 & 33 Viet,
c. 83) ; and all the cases and decisions of all the courts. By A. A. DORIA,
of Lincoln's Inn, Esq., B.C.L., Barrister-at-Law. 12mo, price 1. 11s. 6d.,
pp. 1120. [1874.
Bittleston's Reports in Judges' Chambers.
"DEPORTS of POINTS of PRACTICE under the JUDI-
JLV CATURE ACTS of 1873 and 1875, decided in Judges' Chambers ;
with a Copious Index and Errata to the Reports. Edited by ADAM H. BITTLB-
STON, Barrister-at-Law. Price 3s. 6rf. [1876.
Trustees Belief Act.
A READING of LORD ST. LEONARD'S TRUSTEES
RELIEF ACT, with Notes and Cases, by A. G. LAMGLET, Esq.,
Bmister-at-Law. Price 5s. 6d [1860.
Wharton's Law of Innkeepers, &c.
rpHE WHOLE LAW RELATING to INNKEEPERS,
JL LICENSED VICTUALLERS, and other LICENSED HOLDERS ;
being a Complete Practical Treatise on the Liability of Innkeepers as
Bailees, as well under the Licensing Acts ; with an Appendix containing
all the important Statutes in Force Relating to Innkeepers, a Complete Set
of Forms, and a Copious Index. By CHARLES H. M. WHARTON, Esq., Barrister-
at-Law. Post 8vo., price 10s. 6rf. [1876.
THE SECOND EDITION OF
Gibbon and Nathan's Equity in the County Courts.
PRINCIPLES and PRACTICE of the JURISDICTION of the
COUNTY COURTS in EQUITABLE PROCEEDINGS, including
the Powers given by the Friendly Societies Acts, the Charitable Trusts
Acts, &c., with a Chapter on the Probate Jurisdiction conferred by Acts of
1858 and 1873, Tables of Costs, &c. Price 12s. 6rf. cloth. [1874.
10 LAW BOOKS, Ac., PUBLISHED BY HORACE COX,
SHOETT and JONES' COUNTY COURTS ACTS, EULES,
ORDERS (Common Law and Equity). Price 13s. Qd. [1868.
Trustees and Mortgagees Act, 1860,
AEEADINQ OF THE ACT 23 & 24 VICT. Cap. 145
(28th August, 1860) to give to Trustees, Mortgagees, and others
certain powers now commonly inserted in Settlements, Mortgages, and
Wills. By ALBERT GORDON LANOLET, Esq., Barrister-at-Law. Two hun-
dred pages, with a Table of Cases and an Appendix of Precedents. Price
7s. Gd. cloth. [1862.
Shortt's Law of Copyright.
I AW BELATING to LITEEATUEE and AET, embracing
J the Law of Copyright, the Law relating to Newspapers, the Law re-
lating to Contracts between Authors, Publishers, Printers, &c., and the
Law of Libel; with the Statutes relating thereto, Terms of Agreement
between Authors, Publishers, &c., and Forms of Pleading. By JOHN
SHORTT, Esq.. Barrister-at-Law. Price 21s. [1871.
Saunders's Law of Warranties.
HTBEATISE on the LAW of WAEEANTIES and BEPEE-
J SENTATIONS upon the SALE of PERSONAL CHATTELS.
By T. W. SAUNDEBS, Esq., Police Magistrate. Price 6s. [1874.
Saunders's Law of Bastardy.
THE LAW and PEACTICE of AFFILIATION and
PROCEEDINGS in BASTARDY ; containing The Bastardy Law,
'and Amendment Acts, 1872 and 1873; including Appeals to the Sessions,
reserving a case for the Court above, and Proceedings by Certioran ;
with the Statutes and Forms issued by the Local Government Board, and
all the decisions upon the subject. By THOMAS W. SAUNDERS, Police
Magistrate. Seventh Edition. Price 6s. 6rf. cloth. [1878.
Wharton's Maxims.
LEGAL MAXIMS, with Observations and Cases. In Two
Parts. Part I. One Hundred Maxims, with Observations and Cases.
Part II. Eight Hundred Maxims, with Translations. By GEORGE FREDERICK
WHARTON, Attorney-at-Law. Price 10s. Gd. cloth. [1865.
H
ALL'S LEGAL FOEMS. Price 5s. [1865.
General Index to the Law Times Beports.
A GENEEAL INDEX to the FIRST TEN VOLUMES of the
J\_ NEW SERIES of the LAW TIMES REPORTS, 1859 to 1864.
Price 7s. 6<f. cloth ; 10s. 6d. half-calf. It comprises
L Index to Plaintiffs.
IL Index to Defendants.
1IL Index to Subjects of Cases.
IV. Index to the Statute Law from 1860 to
1864.
Also, a Table of Contemporary Reports.
[1866.
ALSO,
GENEEAL INDEX to the SECOND TEN VOLUMES
(Vols. XI. to XX), 1864 to 1869. Price 8s. 6d. cloth ; 10s. 6d. half-
calf. L 1872 -
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THE LAW TIMES:
THE JOUENAL OF THE LAW AND THE LAWYERS.
PUBLISHED EVERY FRIDAY MORNING.
LEGISLATION CONTINUES TO BRING ABOUT GREAT CHANGES in the
Practice of the Law, and the precise effect of such changes is at the outset usually
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The LAW TIMES, as the Journal of the Law and the Lawyers, has for Thirty-nine yean
striven, we venture to hope not unsuccessfully, to keep the Profession fully informed
of the many Law Reforms which have been effected during its long career, and
strenuously to maintain the interests of both branches of the Profession.
The reform of the Judicature, and the consequent revolution in the Practice of the
Law, as well as the establishment of District Registries throughout the country,
render it essential to every Practitioner that he should have a guide, which, from
week to week, not only instructs him in the new law, aud as to what extent it
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a long time follow the radical changes already accomplished.
To this duty the LAW TIMES devotes itself. Arrangements have been made for the
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The REPORTS of the LAW TIMES are too well known to need comment It is
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The CONTENTS of the LAW TIMES may be classified thus :
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LEGISLATION AND JDKISPRUDENCB. Weekly information as to all Bills in Parliament
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THE SOLICITOUS' JOURNAL The Editor of this Department (so appointed in April
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THE LAW LIBRARY. Careful Reviews of new Law Books.
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JOINT STOCK COMPANIES' LAW. All the new Decisions and Law, with Comments
relating to the Law of Joint Stock Companies.
ECCLESIASTICAL LAW. All the new Law, especially in relation to the Public Worship
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DIVORCE AND PROBATE LAW. Notes of New Decisions under the Judicature Acts and
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THE COUNTY COURTS. The Law as administered in the County Courts, with reports
of the most important cases decided in these local courts weekly.
BANKRUPTCY LAW. Reports of the cases decided in the Superior Courts, the London
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CORRESPONDENCE OF THE PROFESSION. On all subjects relating to the Law and the
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LEGAL OBITUARY. Biographies of deceased Lawyers, by EDWARD WALFORD, Esq., F.R.S.
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HOUSE OF LORDS, by C. E. Maiden, Esq., Barrister-at-Law.
PRIVY COUNCIL, by C. E. Maiden, J. P. Aspinall, and F. W. Eaikes, Eaqra., Bar-
rip ters-at-Ln,w.
SUPREME COURT OF JUDICATURE.
Court of Appeal, by E. Stewart Roche, F. Evans, P. B. Hutchins, and A. H. Bittleston,
Esqrs., Barristers-at-Law..
HIGH COURT OF JUSTICE.
Chancery Division i
Before the Master of the Rolls, by G. Welby King, and R. B. Schomberg,
Esqrs., Barristers-at-Law.
Before Vice-Chancellor Bacon, by W. C. Davies and J. G. Alexander, Esqrs., Barristers-
at-Law.
Before Vice-Chancellor ITatt, by A. B. Ellicott and R. B. Schomberg, Esqrs.,
Barristers-at-Law.
Before Mr. Justice Fry, by W. C. Bias and L. B. Sebastian, Esqrs., Barristers-at
Law.
Before Mr. Justice Kay, by F. Gould and J. R. Brooke, Esqrs., Barristers-at-Law.
Queen's Bench Division
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E. Gordon, Esqrs., Barristers-at-Law.
Probate, Divorce and Admiralty Division
Probate and Divorce Business, by W. J. Dixon, Esq., Barrister-at-Law.
Admiralty Business, by J. P. Aspinall and F. W. Raikes, Esqrs., Barristers-at-Law.
COURT OF BANKRUPTCY, by A. A. Doria, Esq., Barrister-at-Law.
CRIMINAL APPEAL COURT, by John Thompson, Esq., of the Middle Temple,
Barrister-at-Law.
COURT OF ARCHES, by C. E. Maiden and A. H. Bittleston, Esqrs., Barristers-at-Law.
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