UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY

 
 fa. i? ~G . 
 -4L 
 
 ZS^ >?by fCff/,. 
 
 INSTKUCTIONS 
 
 FOR PREPARING 
 
 ABSTEACTS OF TITLES.
 
 INSTRUCTIONS 
 
 FOE PREPARING 
 
 ABSTEACTS OF TITLES, 
 
 AFTER THE 
 
 iHost Emprobrti System of (Eminent (JEonbrnanrcrs, 
 
 TO WHICH IS ADDED 
 
 A COLLECTION OF PRECEDENTS, 
 
 THE METHOD — NOT ONLY OF ABSTRACTING EVERT SPECIES OF DEEDS, BUT 
 
 ALSO OF SO CONNECTING THEM TOGETHER, BY COLLATERAL 
 
 DOCUMENTS, AS TO FORM A COMPLETE TITLE. 
 
 By HENRY MOORE, Esq., 
 
 AUTHOR OF " THE COUNTRY ATTORNEY'S POCKET REMEMBRANCER,' 
 
 "THE SOLICITOR'S BOOK OF PRACTICAL FORMS," 
 
 AND EDITOR OF "THE LAWYER'S COMPANION," 1859 TO 1863. 
 
 Indocti discant, et ament meminisse periti. 
 
 FOURTH EDITION, 
 
 WITH CONSIDERABLE ADDITIONS. 
 
 REGINALD MEEIVALE, B.A., and NORMAN PEARSON, B.A., 
 
 Of Lincoln's Inn, Barristers-at-Law. 
 
 LONDON : 
 
 WILLIAM CLOWES AND SONS, LIMITED, 
 
 27, Fleet Street. 
 
 1886.
 
 T 
 
 LONDON: 
 PRINTED BY WILLIAM CLOWES AND SONS, Limited, 
 
 STAMFORD STREET ANI> CHARING CROSS.
 
 ML 
 
 EDITOR'S PREFACE 
 
 TO 
 
 THE FOUKTH EDITION. 
 
 Since the appearance of the last (third) edition of 
 this work, some extensive changes have heen made in 
 the law on the subject, and these changes have 
 necessitated corresponding alterations in the treatise. 
 The Editors have endeavoured to retain as far as 
 possible the author's original text, departing from it 
 only when accuracy or clearness has seemed to 
 require this, course. They have made, however, 
 considerable additions to the text, the notes, and the 
 forms, which it is hoped will render the present 
 Edition substantially in accordance with modern 
 practice. 
 
 Reginald Merivale. 
 Norman Peasron. 
 
 Lincoln's Inn, 
 October 29, 1885. 
 
 ?80y?g>
 
 PREFACE 
 
 THE FIKST EDITION. 
 
 Abstracts of Titles have long been the subject of 
 complaint, not less on account of the confused and 
 ambiguous manner in which the material parts of the 
 deeds and instruments are commonly stated, than 
 the inartificial mode of arrangement adopted ; both 
 of which occasion considerable trouble and embar- 
 rassment to persons perusing them. Conveyancers 
 have, therefore, repeatedly suggested the necessity 
 of observing a more careful and systematic prepara- 
 tion of these documents, and have pointed out the 
 many advantages that would result therefrom, not 
 only to the profession, but to the parties interested. 
 But from some cause or other, not readily conceived, 
 unless it may be attributed to the want of some 
 general precedent, those suggestions have hitherto 
 been attended with little success. 
 
 Titles, however, are now required to be so strictly 
 scrutinised upon all occasions of transfer of property, 
 and the responsibilities of counsel in advising upon
 
 IV PEEPACB TO THE FIRST EDITION. 
 
 them arc become so considerable, that it is still more 
 expedient to remove the cause of complaint before 
 alluded to, and, at the same time, to reduce those 
 responsibilities, by adopting generally the system so 
 frequently recommended. 
 
 With a view, therefore, of promoting this end, 
 the author of the following pages is induced to lay 
 them before the profession ; trusting that they will 
 be found to contain a model of such system, and that 
 they will, consequently, have the desired effect.
 
 TABLE OF CONTENTS. 
 
 Introductory Chapter on Title (by Editors of the Fourth 
 Edition) 
 
 Original Introduction 
 
 PART I. 
 
 PART II. 
 
 Abstracts of Title to — 
 
 
 
 12 
 
 II. Copyholds and Customary Freeholds 
 
 > 23 
 
 III. Leaseholds — 
 
 
 (1) For Lives 
 
 29 
 
 (2) For Years 
 
 31 
 
 (3) Under Corporate bodies 
 
 33 
 
 PART III. 
 
 
 1. The heading of the Abstract 
 
 30 
 
 2. The method of abstracting clauses in ordinary deeds 
 
 38 
 
 3. The mode of abstracting particular documents 
 
 66 
 
 PART IV. 
 
 
 General precedent of an Abstract of Titles to — 
 
 
 Advowson and Glebe Lands 
 
 83 
 
 Tithes 
 
 91 
 
 Freeholds 
 
 99 
 
 Copyholds 
 
 101 
 
 
 181 
 
 Exchanges of Freeholds 
 
 195
 
 VI 
 
 TABLE "I oiNTEXTS. 
 
 APPENDIX. 
 
 Abstract of a Charter 
 
 Ancient Feoffment (By a Guild) 
 
 Contract 
 
 Contract and Conditions of Sale ... 
 
 Deed enlarging long term 
 
 I • yance under Settled Land Act, 1S82 
 
 Table for ascertaining dates of Acts of Parliament 
 
 (ilossary of Contractions 
 
 Index i 
 
 PAGE 
 
 209 
 210 
 212 
 213 
 215 
 216 
 218 
 219 
 22G
 
 INTRODUCTORY CHAPTER 
 
 BY THE 
 
 EDITORS OF THE FOUBTI1 EDITION. 
 
 ON TITLE. 
 
 Is approaching the subject of titles to land, it is 
 necessary to hear in mind the extreme artificiality 
 of the legal rules which relate to them. It is 
 obvious, of course, from its imperishable character, 
 that any given piece of land may have passed 
 through a practically infinite succession of hands; 
 and a priori there is no reason why any one link in 
 this chain of possession should be treated as of greater 
 validity than the others. To require a vendor, 
 however, to show an interminable title to the land 
 he proposes to sell would be a palpable absurdity, 
 and consequently it became necessary that some 
 conventional limit of antiquity should be fixed, 
 beyond which the validity of the title should lie 
 presumed. In the case of freehold and copyhold 
 lands, sixty years gradually came to be the recog- 
 nised limit at which the enquiries of a purchaser 
 must ordinarily cease; but this period has lately 
 been reduced to forty years (Vendor and Purchaser 
 Act, 1874), and it seems possible that before long it 
 may be still further shortened. 
 
 It is important, however, to understand what is
 
 2 INTRODUCTORY ('HAFTER. 
 
 the real nature and value of the conventional limit 
 nised 1 >y law, whatever its precise extent may be. 
 
 Now, in tin- firsi place, this conventional limit does 
 not in itself give as indefeasible validity to a title ; 
 nor is it a barrier which is never to be passed. The 
 old rule prescribing sixty years as the limit did not 
 rest on the assumption that a ,title shown for this 
 period gave an absolute security against eviction. 
 It fully admitted that such a title might still be 
 the subject of eviction, but it assumed that, after 
 M.\tv years, there was a moral certainty that no 
 facts existed by which eviction could be supported. 
 | Parr v. Lovegrove, -1 Drewry, 170.) The same con- 
 struction must be applied to the existing rule which 
 requires a vendor to show a forty years' title, though 
 this period is fixed not by custom, but by statute. 
 
 Here, then, we have (in the case of an open contract) 
 on the one hand, the purchaser's clear right to insist 
 upon the best title which it is in the vendor's 
 power to give; and on the other, the vendor 
 protected by the statute against being called upon 
 for a title of more than forty years' duration. It is 
 from the partial conflict of these rights that many 
 of the common difficulties between vendor and 
 purchaser arise. 
 
 It would be far beyond the scope of the present 
 work to enter in any detail into the legal principles 
 by which these claims are adjusted; we need only 
 refer to them bo far as they affect the question before 
 us. Stilted broadly, their effect is t bat the minimum 
 which the purchaser is entitled to require, as well 
 as thai which the vendor is bound to give, is a 
 " marketable " title, i.e. " a title which, so far as its 
 lutecedents are concerned, may at all times, and 
 under all circumstances be forced on an unwilling
 
 INTRODUCTORY CHAPTER. 6 
 
 1 purchaser.' " (Dart, Vendors and Purchasers, 5th ed. 
 vol. 2. 1107.) 
 
 It is necessary that this should be carefully borne 
 in mind in the selection of the deeds which are to 
 find place in an abstract, inasmuch as the insertion 
 of an unnecessary deed may prove not only super- 
 fluous but prejudicial. Thus, for instance, if an 
 expired lease be set out in the abstract, its insertion 
 is in any case needless (see infra, p. 50 n.), and hence 
 objectionable. But if any of its recitals contain 
 references to deeds earlier than the commencement 
 of the abstract, this may lead to a possibly incon- 
 venient demand by the purchaser for the inspection, 
 at any rate, of such earlier deeds (see infra, p. 14). 
 
 It will be further observed that while the Vendor 
 and Purchaser Act, 1874, requires a vendor on an 
 open contract to show a forty years' title, the Eeal 
 Property Limitation Act, 1874 (which came into 
 operation on Jan. 1st, 1879), provides that no action 
 shall be brought for the recovery of land but within 
 twelve years from the time when the right accrued. 
 A similar difference existed between the old rule 
 requiring a sixty years' title and the former Statute 
 of Limitations (3 & 4 W. 4. c. 27) ; and it was at one 
 time doubted whether the effect of this last mentioned 
 Act had not been to shorten the period for which a 
 good title must be shewn. This contention, however, 
 was disposed of by Cooper v. Emery, 1 Phil. 380 ; 
 and it is submitted that the reasons which guided 
 that decision still hold good (see infra, p. 12). But 
 apart from this there are special provisions in the 
 Eeal Property Limitation Act, 1874 (as in the 
 earlier statute), for extending the twelve years' period 
 in cases of disability ; and the allowance made for 
 disabilities may extend to a total period of thirty
 
 4 INTRODUCTORY CHAPTER 
 
 . before the title under this AH would become 
 indefeasible. Prom this it is plain that aparl iV.nu 
 the V. A- P. Act, 1874, something over a thirty 
 years' title is a practical necessity, (a) 
 
 It should be observed here that, though mere 
 possession does not confer an indefeasible title until 
 the statutory period lias elapsed, yet it does confer 
 a certain definite interest, which may even be in- 
 herited, devised, or conveyed (Asher v. Whiilock, 
 L. 11. 1 Q. B. 1). The possessor's title, in fact, is 
 good against every one but the rightful owner ; and 
 though such a title will, of course, be quite insufficient 
 to satisfy a purchaser, it has a certain value which 
 cannot be completely ignored. 
 
 It will be understood, of course, that the difficulties 
 pointed out in this chapter arise chiefly in connection 
 witli sales upon an.opai contract. In other cases, 
 where difficulties of this kind are apprehended by 
 the vendor, they are usually precluded by express 
 stipulation, either in the preliminary contract, or in 
 the conditions of sale. These stipulations, no doubt, 
 do not always hold good ; and where this is so, the 
 general rules of law resume their jurisdiction. Upon 
 this matte]-, however, we have no need to enter, and 
 we may pass at once to the proper subject of this 
 work. 
 
 II. M. 
 X." P. 
 
 (n) it may be added thai the Court would probabl) find no 
 difficulty in >\s in lnililiiiL'. if necessary, thai each of these A.cts 
 respectivt ly is intended i<> apply to a different Be1 of circum- 
 stances; /.'..that tin- forty years' title presented by the Y. & 
 P. Act, L 874, applies o'nlj to a title by devolution, not. depend- 
 ing npon adverse possession ; while the shorter pi riods required 
 by lli' 1.'. I'. I.. An. 1874, arc good only in (In.- ea.>u dt' a title 
 acquired by adverse possession. — Ed*.
 
 INSTRUCTIONS 
 
 FOR PREPARING 
 
 ABSTRACTS OF TITLES. 
 
 PART I. (a) 
 
 INTRODUCTION. 
 
 Abstracts of Titles have been uniformly considered, 
 by modern conveyancers, to be important docu- 
 ments ; for upon them the true development, if not 
 the security of titles mainly depends. It is not, there- 
 fore, surprising to find in almost every work on the 
 subject of conveyancing either a dissertation on, or 
 a chapter devoted to them. 
 
 On one point all the authors agree and it is 
 this — that these compilations require careful pre- 
 paration, combining skill and judgment with brevity 
 and truthfulness. And there is another point on 
 which most agree, namely, that an abstract should 
 be, unlike those prepared by unskilful hands, a 
 clear connected history of the title ; and that the 
 essential parts of the deeds and documents set out, 
 should be so systematically arranged as to convey to 
 
 (a) This chapter was the Author's original Introduction, and 
 appears as such in previous editions. — Eds 
 
 C
 
 6 ABSTRACTS OF TITLES. 
 
 the mind as it passes over them, their precise efficacy 
 ui'l effect (or). 
 
 But in how few instances do we find brevity and 
 perspicuity or even arrangement or neatness properly 
 regarded? — Instead of the records, forming links of 
 the title, being strung up so as to show a continuous 
 and complete chain, and of a judicious abridgment 
 being made of them, how often are they to be found 
 jumbled together, and important clauses wholly 
 omitted, sadly curtailed, or obscurely set out, and 
 the unimportant ones absurdly elongated? Take 
 the receipt in the testatum clause as an example of 
 curtailment almost equal to entire omission. This 
 is often dispatched, whatever may be its importance, 
 with the words — " the receipt, &c," instead of shew- 
 ing what the receipt professes to discharge. So 
 with respect to the Covenants. They are frequently 
 disposed of, however modern, by the words — "usual 
 Covenants for title " — or, " usual mortgage Cove- 
 nants," — without shewing the qualifications or 
 restrictions they contain. Again : words of repre- 
 sentation are thus stated — " his heirs &c." — or, " his 
 executors, &c." — instead of the true words of the 
 deed, whether correct or not, by which it may be 
 seen that the proper parties are bound by them. 
 So again, with respect to Powers and indemnity 
 clauses. They are usually rendered thus — "Usual 
 power of sale in default," whether exercised or 
 not: and—" usual indemnity to trustees," without 
 reference to the objects of these clauses; which, 
 although generally similar, not being stereotyped, 
 are not always alike. 
 
 (a) Tli- object is much aided l>y means of margins; for 
 the] m rve to aired the eye, and show, quicker than any other 
 device, the sufficiency or waul of the usual and proper clauses.
 
 ABSTRACTS OF TITLES. 7 
 
 Now, it may be asked, how is it possiblo for a 
 counsel or attorney, who is an entire stranger to the 
 title and the circumstances connected with it, to 
 acquire the necessary knowledge to enable him to 
 form a satisfactory opinion, much less safely advise 
 on it, where such scanty evidence and such meagre 
 sentences are given in the abstract ? He must, if he 
 discharges his duty conscientiously, either call for a 
 more perfect statement of the title, raise questions 
 which that statement may have avoided, or give his 
 opinion with caution and reserve and so lessen its 
 value. For want of these precautions, the one may 
 incur after-reflections, and the other responsibility ; 
 for when any thing goes wrong, the counsel or 
 attorney engaged is sure to get the blame of not 
 having discovered this or that omission or defect. 
 But it is as ungenerous as it is unfair to impose 
 such a disagreeable duty, much less such a responsi- 
 bility, upon any man, whenever materials are at 
 hand for avoiding it. 
 
 Time, labour, and expense too, may often be 
 avoided by devoting proper attention to the careful 
 preparation of an abstract. By a methodical 
 arrangement of the deeds and evidences as to dates, 
 in the first instance, and a careful perusal of each 
 before the pen is used for the work ; the draughts- 
 man may become acquainted with the very essence 
 of it ; so that when he begins an abstract he would 
 know, as nearly as may be, what parts to set out 
 and what to omit or condense. 
 
 One great fault tending to the evils and disadvan- 
 tages before noticed, is the circumstance of the 
 work being trusted to the nearest tyro professing to 
 be able to prepare abstracts, instead of the chief or 
 really competent clerk. It may be true that the 
 
 c 2
 
 S ABSTRACTS OF TITLES. 
 
 superiors revise and settle the performances of the 
 former ; but it is seldom done with the same 
 accuracy as that which attends the original pre- 
 paration by those having clear and thoughtful 
 minds. 
 
 Another cause often operates in the same way. 
 Even principals are not unfrequently disposed to 
 treat abstracts with less concern for their accuracy 
 and completeness than they really deserve; assum- 
 ing, perhaps, that the imperfections would ho 
 brought out by the opposite counsel or solicitor. 
 But tins is a great fault, and most unjust; for it not 
 only throws the additional labour and expense of 
 perfecting them upon the party who has no right to 
 bear them, but also sometimes occasions serious 
 litigation : for which there is no reasonable excuse 
 whenever they can be perfected in the first instance. 
 Leaving omissions for complaints, and defects to be 
 drawn out by requisitions, is, moreover, as slovenly 
 and tedious a mode of proceeding as it is un- 
 warrantable. And why the party receiving an 
 abstract should be put to the additional expense 
 of making discoveries or objections so as to sup- 
 ply the carelessness or want of judgment of the 
 party preparing it, is not easy, on principle, to 
 understand. 
 
 Under these circumstances, however, it is re- 
 commended by the best of authors that all 
 abstracts of title should be thoroughly perfected 
 in tho first instance, and before their delivery to 
 the other party, whether he be a mortgagee's or a 
 purchaser's solicitor. And so strong is the necessity 
 for this, that it has been held, where a purchaser 
 is required to deliver requisitions on the title 
 within a prescribed time, that time does not begin
 
 ABSTRACTS OF TITLES. 9 
 
 to rim until a perfect abstract has been fur- 
 nished, (a) 
 
 Of course, in speaking of a perfect abstract, it 
 must be understood to mean — one that is so far 
 perfect as it lies in the vendor's or mortgagor's 
 power to make it so. If only an imperfect title can 
 be shewn it would be simple nonsense to say a 
 perfect one must be deduced. All that is required 
 is that the title shall be properly and truthfully 
 developed from the records of it, whatever they 
 may be, in the possession or power of the party 
 making and furnishing it. But even this must be 
 done with all the imperfections as well as the 
 perfections attending them ; for if there should be 
 any concealment, the startling word " Fraud " may 
 be sounded the moment it is discovered ; and should 
 the suppression prove material, serious consequences 
 might ensue. 
 
 In all respects, therefore, every draughtsman 
 should not only be skilful and careful, but honest 
 and unflinching in the discharge of this onerous 
 duty : on the one hand omitting nothing which is 
 material ; nor, on the other, introducing superfluous 
 matter, which may tend to perplex or mislead, or 
 dilated clauses of a common and formal nature, 
 which occasion additional expense without doing 
 any possible good. 
 
 The chief object of the following parts will be to 
 show — not only the periods of deducing titles and 
 stringing up the records so as to reduce them into a 
 formal and historical shape, in the mode before 
 referred to; but also their proper roots in, and 
 ramifications through different kinds of property ; — 
 
 (a) Eobson v. Bell, 2 Beav. 17 ; Dart, 5th ed. p. 12G.
 
 10 ABSTRACTS OF TITLES. 
 
 to point out, as far as may be, the essential from the 
 non-essential clauses; and — finally, to illustrate the 
 whole by means of a general precedent (much 
 enlarged since the first edition of this work :) thus 
 showing, at the same time, the margins and contrac- 
 tions for the use of beginners, and leading the more 
 experienced into a systematic method of preparing 
 abstracts of titles.
 
 ( 11 ) 
 
 PART II. 
 
 al evidence 
 and facts 
 must be 
 given. 
 
 ABSTRACTS OF TITLE TO 
 
 I. Freeholds. 
 
 II. COVYHOLDS AND CUSTOMARY FREEHOLDS. 
 
 III. Leaseholds — 
 
 1. For Lives. 
 
 2. For Years. 
 
 In preparing Abstracts of Titles in general, the All materi- 
 chief thing to be attended to, is (as before stated), 
 neither to suppress such evidence or facts as may- 
 be proper to be given in support of the titles, on 
 the one hand, nor to give such as may lead to un- 
 necessary inquiry, and consequently, to trouble and 
 expense on the other. 
 
 Id the exercise of this discretion, however, great 
 caution is necessary, as the solicitor for a vendor or 
 mortgagor would be personally liable (a) for the 
 consequences, if he were to suppress or keep back 
 any deed or document disclosing incumbrances, or 
 which would show a defective, or not the true state 
 of the title. 
 
 But almost all titles are differently circumstanced, 
 both as to their commencement and state of per- 
 fection ; — some may be regularly deduced for more 
 than a century, whilst others cannot be traced, by 
 
 (a) Criminally as well as civilly, under 22 & 23 Vict. 'c. 35. 
 —Eds.
 
 12 ABSTRACTS OF TITLES. 
 
 deeds at least, above a fourth of that period ; — some, 
 in, are perfectly clear up, or down to particular 
 date, and afterwards materially defective. 
 
 Considerable skill and attention is, therefore, 
 necessary to be employed in order to avoid the two 
 extremes, and to prepare abstracts correctly. It is 
 not, however, intended, at present, to attempt to lay 
 down any precise rules for the attainment of tlds 
 object in every case; for that would be running 
 beyond the design and scope of this work. All that 
 appears to be proper and useful in this part is, — To 
 show, as briefly as possible, (1) the time for which 
 different titles should be deduced ; — (2) the deed or 
 documents proper to be selected for the roots of such 
 titles ; and — (3) some of the most important points 
 to be observed in deducing Titles. 
 
 I. As to Freeholds. 
 
 Freeholds. Every title to this kind of property should be 
 deduced forty years at the least. 
 
 Statute of For some time after the passing of the Statute of 
 
 Rale as'tcT Limitations (3 & 4 W. 4, c. 27), it was considered 
 irs. that the period then necessary, i.e., sixty years, had 
 been .shortened by that Act. But all doubts on the 
 point were ultimately removed by express decisions, 
 which showed that a sixty years' title could be 
 insisted upon. Cooper v. Emery, 1 Phill. 388; 
 Hodgkimon v. Cooper, (5 L. T. 451 (a). 
 
 Ufasonsfor The decisions above referred to appear to have 
 proceeded upon the old rule with reference to the 
 duration of human life, rather than from any inten- 
 
 (n) It is conceived that the principle of the above decision 
 and tin- observations of Lord Lyiidhnrst still apply, BO as to 
 e ader a forty years' title necessary, in spite of '67 & 88 Vict, 
 c. 57(Ucal Property Limitation Act, 1874). See pp. i> and 4, ante. 
 
 rule.
 
 ABSTRACTS OF TITLES. 13 
 
 tion to enlarge the operation of the Act. And it 
 is obvious that such rule cannot be entirely dis- 
 regarded ; for a tenant by the curtesy might, previously 
 to the Act referred to, have enfeoffed a stranger, and 
 levied a fine, and thus, in the course of forty or fifty 
 years, during which he might live, confer upon the 
 feoifeo or those claiming under him an apparently 
 marketable title, although at his death the heir could 
 evict a bond fide purchaser for a valuable consideration. 
 So with respect to any other tenant for life, (a) 
 
 Eecent legislation has done much to dispense with 
 the necessity for exact evidence on minor points, Exact evi- 
 and, where the title is free from suspicion, statutory 
 declarations may often be accepted with safety. 
 
 But, though a forty years' title at least is usually Proper 
 necessary in an open contract, it does not follow that ment ()f 
 every deed of forty years old will form a suitable title. 
 commencement of the abstract. So it is proper, in 
 selecting a document for this purpose, to avoid such 
 as refer to any anterior assurance (b) ; because, 
 whenever an abstract begins with a deed or instru- 
 ment, which depends for its validity or accuracy 
 upon, or gives notice, by recital or otherwise, of an 
 absent deed or instrument or any circumstance 
 which throws some reasonable doubt upon the title, 
 
 But, if the equitable title is shewn, with power to get in the 
 legal estate, the devolution of the legal estate need not be shewn. 
 < 'tintht rir< 11 i aid South Loudon Building Society v. Bolloway, 
 13 Gh. I). 754.— Eds. I 
 
 (a) The above case is improbable under modern methods of 
 conveyaucing. It may tie remarked lure that a tenant by 
 curtesy is a tenant for life under' the S. L. Act, 1882. — Eds. 
 
 (//) In the ease of deeds purporting to exercise a power, the 
 production of the deed creating the power, if anterior to the 
 time prescribed by law(V. & P. Act 1874) or stipulated for com- 
 mencement of the title, cannot now be required by a purchaser. 
 (Conv. Act, 1881, s.3, ss. 3. See Wolstenholme's 3rded., p. 20, 
 as to defects in prior title shewn on the abstract.)
 
 14 ABSTRACTS OF TITLES. 
 
 such deed or instrument must be produced and form 
 part of the abstract. In the absence, however, 
 of reasonable doubt, mere recitals of earlier deeds do 
 not entitle the purchaser to require such deeds to be 
 abstracted, though, possibly, he might require their 
 production if in the Vendor's possession. 
 
 A Will. Fur this reason some practitioners choose a will 
 
 for the foundation of the abstract, these documents 
 seldom referring to the prior title. Others, on tbe 
 contrary, prefer a mortgage, because it is presumed 
 
 A mort- that the mortgagee had inquired into the title, and 
 would not have advanced his money upon one which 
 was unmarketable. And when these documents 
 involve no previous suspicion or inquiry they are 
 equally eligible for the purpose ; but otherwise, the 
 former is decidedly preferable, (a) 
 
 [We have thought proper to leave the author's 
 text on this point intact, but by many high authori- 
 ties a will is not considered a good root of title, 
 inasmuch as it does not shew seisin ; and, if a w T ill 
 is taken for this purpose, it is frequently necessary 
 to prove seisin independently. With regard to what 
 constitutes evidence of seisin, in Bolton v. London 
 School Board, 7 Ch. D. 766, it was decided that a 
 recital of seisin in fee in a deed twenty years old, 
 was, under sec. 2 of the Vendor and Purchasers' Act, 
 1874, a sufficient proof of title, and that therefore no 
 evidence of prior title was needed. But it is submitted 
 that this decision is doubtful, for a recital that A. is 
 seised in fee is clearly a recital of law, and not of fact, 
 to w T hich alone the above section relates.] — Eds. 
 But sometimes a selection cannot be made, and 
 
 (a) Neither n disentailing deed, nor a deed executing a power 
 ar. .-ati.-l'actorv roots of title. Quxre, as to a voluntary deed. 
 Set 24 Ch. D. 11.- Ess.
 
 ABSTRACTS OF TITLES. 
 
 15 
 
 tho Title must, consequently, be deduced for mor<? 
 than forty years ; and, sometimes, on the contrary, 
 it cannot (as before observed) be traced, by deeds at 
 least, through so long a period. We shall now there- 
 fore proceed to treat of each of these classes of cases. 
 I. The title should be carried back beyond forty 
 years. 
 
 1. When the deed chosen for the foundation of 
 it happens to be a settlement made in pursuance 
 of previous articles, and the title depends either 
 wholly or in part upon the trusts of the settlement 
 in order to shew that such settlement was prepared 
 conformably to the articles. This was the old rule, 
 and notwithstanding sec. 3, sub.-s. 3 of the Convey- 
 ancing Act, 1881, it seems probable that it will still 
 hold good where a defect in the prior title appears 
 on the face of the abstract. (Wolstenholme's Conv. 
 Act, 1881, ed. 3rd, p. 20.) 
 
 2. So, also, when deeds leading or declaring the 
 uses of previous deeds, or of fines or recoveries, 
 levied or suffered for barring entails or disentailing 
 deeds or passing the estates of married women, are 
 selected for this purpose, if any doubts exist as to 
 the estate or interest which the parties levying or 
 suffering the fines and recoveries or executing the 
 disentailing deeds had in the property comprised 
 therein ; (a) or, when such deeds disclose information 
 derogatory to the title, as that there were other parties 
 interested who had not conctirred in the assurance, or 
 the like : the title should be taken up at such remoter 
 period as will be sufficient to explain and remove 
 
 / 
 
 When title 
 should be 
 carried 
 back more 
 than 40 
 years. 
 
 Deeds de- 
 pending on 
 previous 
 deeds. 
 
 Deeds re- 
 ferring to 
 previous 
 deeds. 
 
 (a) Thus when a title depends on an estate tail, or a re- 
 mainder in fee, which was created more than forty years ago, and 
 has fallen into possession at a recent date, the deed creating the 
 estate tail or limiting the remainder must be abstracted.— Ens.
 
 16 
 
 i I : ACTS OF TITLES. 
 
 Charters, 
 
 Tithes and 
 Grants 
 
 tr.'in the 
 Crown. 
 
 those doubts. So, when the parcels are described by 
 reference to some prior deed, such deed, if not recited, 
 sin mid be abstracted for the purpose of identity. 
 
 3. The title should also be shewn for more than 
 forty years ( 1 ) When it relates to lands or tithes 
 held by charter or grants from, or under the crown, so 
 as that it may be seen whether there be any reserva- 
 tion of rent, or remainder or reversion to the crown, 
 which was not barrable by fine or recovery. With 
 regard to tithes, moreover, a doubt arises whether 
 being incorporeal hereditaments they are included 
 in the Vendors and Purchasers' Act, 1874, sec. 1, as 
 land, and consequently, whether this is not an addi- 
 t it mal reason for taking the title back more than forty 
 years. («) In the cases of titles to lay -impropriate 
 tithes, it should also be shewn if possible, when, and 
 how they were severed from the rectory of which 
 they were parcel, and that the grant was in fee ; 
 and, if evidence can be obtained of the possession, 
 or receipt uf the tithes, or the rents of them, and of 
 the titles not being affected by the wills or settle- 
 ments of the successive owners, it should be procured 
 and abstracted, (b) It should likewise be ascertained 
 and slated that the apportionment has been properly 
 registered according to the Tithe Commutation Act, 
 & 7 W. 4, c. 71. — (2) When it relates to advowsons, 
 Advowsons. in which case the title must be carried back for 
 three incumbencies, which must include a period of 
 
 (a) In a very recent decision it was held that tithes being in- 
 corporeal hereditaments are within s. 2, sub.-s. 10 of the Settled 
 Land Act, 1882. In r< Esdaile, Weekly Notes, 1886, p. 47. — Eds. 
 
 (b) The period for establishing claims in respect of tithes 
 has, by the 3 & 4 Vict c. 100, been reduced, except when 
 decided by ihe Tithe Commissioners, under the 5 & <; Vict 
 c. II,.-. L0; but evidence of right or exemption is .-till required 
 as before the passing of that Act: SaUceld v. Johnson, a.o. 
 \ Bare, L96; G Jur. 210.
 
 ABSTRACTS OF TITLES. 17 
 
 sixty years at least; but a hundred years' title is 
 indefeasible, whether it includes three incumbencies 
 or not. The abstract should be accompanied by a 
 list of the presentations during the period over 
 which it extends. The rule, it is conceived, is the 
 same, whether the advowson be sold as in gross or 
 appendant; for although a sixty (or now forty) years' 
 title might bo sufficient, if it could be shewn that 
 the advowson was in fact appendant to the principal 
 estate, yet the purchaser, it may be contended, has 
 a right to see that no destruction of the appendancy 
 by severance of the advowson, is disclosed by the 
 earlier title. (Dart's Vendors and Purchasers, 5th ed. 
 p. 293.) And — (3) when it relates to pews and 
 
 U ■ 1 1 * * * Pews and 
 
 vaults m churches, appurtenant to a messuage ; Vaults, 
 because a possessory title, although it presumes a 
 faculty, is personal, and may be lost by the occupier 
 residing out of the parish, and by his death. In all 
 these cases, the original charters, grants, and 
 faculties must, for the several reasons just mentioned, 
 be abstracted ; but it is not necessary to give the 
 intermediate title prior to forty years, (a) except in 
 cases of advowsons, in which the title should be 
 deduced for three incumbencies or one hundred years, 
 and the successive presentations must be shewn. 
 
 Where the title discloses the existence of a term Terms of 
 of years alleged to be satisfied, the deed creating y eara 
 the term should be fully abstracted, even though f free- 
 such term, as being satisfied, falls within the opera- hol(ls 
 tion of 8 & 9 Vict. c. 112, in order to afford the 
 purchaser the means of ascertaining that it is satis- 
 fied. But, where the term is very old, it will be 
 sufficient to abstract the deed creating it fully, and 
 either to omit all mention of modern mesne assign- 
 (a) 3 Jiligh, 240.
 
 18 ABSTRACTS OF TITLES. 
 
 merits up to a forty year period, or to abstract them 
 very concisely. (See Dart's Vendors and Purchasers, 
 5th ed. p. 289. Prideaux Prec. Conv. 12th ed., vol. 1, 
 j). 142.) But where production of the original is 
 difficult or impracticable, in the absence of any 
 special grounds for suspicion, the recital of the deed 
 creating the term in any subsequent deed at least 
 twenty years old which forms part of the title will 
 probably be accepted as sufficient. It may be ob- 
 served that 8 & 9 Vict. c. 112, does not seem to apply 
 to copyholds, customary freeholds, or leaseholds. 
 Reversion- Upon the sale of a reversionary interest, whatever 
 ary inter- ma y ]j G its antiquity, the abstract must shew its 
 creation, and that possession of the estate has been 
 enjoyed conformably with the deed creating the 
 term. But the rule applies only to reversionary 
 interests commonly so called, and not to an estate 
 subject to an attendant term, in which latter case a 
 forty years' title to the freehold and to the possession 
 of the term, abstracting also the deed creating the 
 trim, is sufficient. If this deed be lost, it is said to 
 be immaterial. (See Dart, V. & P. 5th ed. p. 294.) 
 Vendor in (^-) Again, the title should be carried back beyond 
 forty years, where in a deed, or instrument of the 
 pau j. requisite age, and otherwise suitable as a commence- 
 ment of title, the vendor, or mortgagor, purports to 
 act as — 1. An heir-at-law; for he might not have been 
 the eldest son, or he might have been illegitimate : — 
 2. A devisee ; for upon a true construction of the 
 will by which he claimed, he might have taken quite 
 a different estate to that purported to be conveyed 
 or mortgaged : or, 3. A trustee, an executor, or the 
 like; for he might have exceeded his power or 
 authority, and the concurrence of other parties, may 
 have been necessary. This evidence, however is
 
 ABSTRACTS OF TITLES. 19 
 
 seldom, or never, required when a fine has been 
 levied by the proper parties, with proclamations 
 upon which the statute of non-claim has operated. 
 
 If tho subject of the abstract be a rent-charge, Rent- 
 annuity, or jointure, a forty years' title must pre- charge, 
 sumably be deduced to the property on which it is jointure, 
 charged to shew that it is safely secured on that 
 property ; for if it were charged on property already 
 incumbered, it might be wholly defeated. To the 
 rent-charge, annuity, or jointure themselves, a sixty years' 
 title seems to be necessary still, as the V. & P. Act, 
 1874, sec. 1, does not include incorporeal heredita- 
 ments. The deed creating the rent-charge, annuity, 
 or jointure, must of course be abstracted fully what- 
 ever its date may be. 
 
 II. When the vendor or mortgagor cannot shew a When a 
 
 title for the last forty years by the ordinary means of 4 ,° . , 
 
 . i-i-T • years titl 
 
 title deeds, m consequence of their having been lost cannot be 
 
 or destroyed, or of his ancestors, or other previous shewn. 
 owners having parted with them upon a prior sale 
 of part of the property held under the same title, 
 without taking copies thereof, or the usual covenant 
 to produce them; or, from any other cause; he must 
 adduce the best evidence that he can in support of 
 it. For, although a purchaser cannot reject a title 
 for want of deeds where its origin can be shewn, 
 and there has been an undisturbed possession for 
 thirty or forty years ; yet he is entitled to all the 
 information respecting it which the vendor or 
 mortgagor can render him. (a) It seems that the pur- 
 chaser in such a case can, in strictness, require 
 
 (a) Where the statutory forty years title is restricted by 
 special stipulation, a full aud fair description must be given of 
 the deed forming the root of title. In re Marsh and Earl of 
 Granville, 21 Ch. D. 11.— Eds.
 
 20 ABSTRACTS OF TITLES. 
 
 evidence of all facts material to the title from the 
 date at which its deduction should properly com- 
 mence. Such facts are, (1) Facts which must he 
 proved, or assumed, in order to establish the vendor's 
 title affirmatively, as, e.g., the heirship of a vendor 
 who claims by descent. (2) Facts which must he 
 either proved, or assumed, in order to negative, any 
 presumptive title in other persons, as e.g., the de- 
 termination, or release of a prior estate, or incum- 
 brance, which either exists in fact, or maybe legally 
 presumed to exist. But where a prima facie title is 
 shewn, tlie purchaser cannot require any evidence 
 not in the vendor's possession or power, to negative 
 any matter the existence of which may not be pre- 
 sumed either from the abstracted documents, or by 
 the ordinary rules of law or equity. (See Dart's 
 V. & F. 4th ed. pp., 328, 329.) All the recitals there- 
 fore in the deeds which the vendor may happen to 
 possess, should he fully abstracted ; and he should 
 also set forth (and be prepared to furnish the pur- 
 chaser or mortgagee, on the completion of the 
 purchase or mortgage with) all such evidence in 
 support of them as a conveyancer can accept. 
 
 Common 
 law Kx 
 
 Exchanges, A few observations may here be made as to the 
 i artitions, m0( i e f abstracting titles derived through, or under 
 
 ires. ° _ & ' 
 
 exchanges, deeds of partition, and inclosures, those 
 tiths being generally of a freehold nature. 
 
 In the case of a property which had been the sub- 
 ject of a common law exchange, it was formerly 
 necessary that the titles to both the property given 
 and takes prior to the exchange, should be deduced 
 land in separate abstracts) ; because, in consequence 
 of tlie warranty incident to such an exchange prior 
 to the passing of the Act presently referred to, if
 
 ABSTRACTS OF TITLES. 21 
 
 the title of cither party proved defective, the other 
 party, upon eviction, might have recovered the land 
 he exchanged, even though subsequently sold and 
 conveyed to a bond fide purchaser. The same rule 
 extended to an exchange with mutual conveyances Mutual 
 with eviction clauses. But by the 4 & 5 W. 4, c. 30, ances 
 ss. 24 & 25, the right of eviction as to exchanges with evic- 
 of lands in common field was abolished ; and by the c j°° ges< 
 8 & 9 Vict. c. 106, the warranty or right of re-entry 
 incident as above-mentioned to common law ex- 
 changes was also abolished. 
 
 [Inasmuch, however, as forty years, the period now 
 necessary for the deduction of title, has elapsed since 
 the passing of the last of the above-mentioned Acts, 
 it is conceived that for the future it will be only 
 necessary to shew a title to the property actually 
 proposed to be sold. — Eds.] 
 
 With respect to titles derived under deeds of Partitions, 
 partition, to which the same implied warranty and 
 right of re-entry was annexed } it is conceived that 
 the above remarks as to exchanges apply, and that 
 for the future, a proper title to the property actually 
 proposed to be sold is all that will be necessary. Exchanges 
 Where the property has been taken in exchange wlthout 
 
 eviction 
 
 under mutual conveyances without eviction clauses, clauses. 
 a proper title to this only need be shown. 
 
 In the case of land which has been within the Under 
 period of forty years, the subject of an exchange 
 under the Inclosure Aet s, and, consequently, under 
 the provisions of those Acts, has become changed 
 with all the ejiuifcio s and incumbrances of the land 
 exchanged forit^the abstract must shew the title of 
 tlie latter down to the period of the exchange, and 
 subsequently to that period the title to the former. 
 
 Where the exchange is made under auy Act (other Exchanges 
 
 p. under Acts. 
 
 Incdosure 
 Acts.
 
 oo 
 
 ABSTRACTS OF TITLES. 
 
 W aste 
 lands. 
 
 than the Inrlosure Acts) by which certain formalities 
 or consents are made necessary, the title to both 
 lands, when the exchange is less than forty years 
 old, should be abstracted down to the date of the 
 exchange, to shew that such formalities or consents 
 have been observed or obtained. And, in all cases, 
 the Act of Parliament authorising the inclosuro 
 should be abstracted, so far, at least, as to shew the 
 powers of the commissioners, or a copy thereof sent 
 with the abstract. The same rule should be observed 
 in cases of sales to Railways and other Companies 
 under Acts of Parliament. 
 
 Abstracts of titles to strips of waste land lying 
 between highways and the adjoining lands should 
 shew the title to such adjoining lands ; to which 
 they, in general, belong, as well as the subsequent 
 title relating to them. 
 Easements. With regard to Easements granted by deed, the 
 abstract must shew the title to the land in respect 
 of which they are granted. But where titles depend 
 upon, adverse possession, the abstract must set out 
 the statutory declarations, shewing the requisite 
 period and continuity of enjoyment, if there be no 
 deeds or wills relating to them : but when they 
 have passed by descents, letters of administration 
 accompanied by such declarations or verified cer- 
 tificates, should be abstracted. • 
 
 So as to encroachments acquired by adverse 
 poss< ssion. 
 
 Purchases and redemptions of land tax are regu- 
 
 by 38 Geo. III. c. 60, and 42 Geo. III. c. 116. 
 
 The abstract should set out fully the certificate of 
 
 contract, in order to shew whether the option neces- 
 
 sary bo some cases under the above Acts to prevent 
 
 r of the charge, has been duly exercised and 
 
 i ncroach- 
 
 I 
 
 Land tax.
 
 ABSTRACTS OF TITLES. 23 
 
 inserted therein. It should he observed that land 
 tax redeemed under 38 Geo. III. c. 60, goes to the 
 personal representatives of the purchaser, while land 
 tax, or a fee-farm rent in lieu of land tax, purchased 
 under 42 Geo. III. c. 1 1 G is realty, and goes to the heirs. 
 
 Sometimes dower is prevented by settlement Dower, 
 before marriage or barred afterwards. In these cases 
 the deed preventing or barring it should be briefly ■ 
 abstracted. So, when it has been released by a 
 separate deed, the release should be set out. 
 
 II. As to Copyholds and Customary Freeholds. 
 
 Many of the foregoing observations are applicable 
 to copyhold property. But these titles, being sub- 
 ject to local registration, are, in general (though 
 sometimes complicated in themselves), less liable to 
 defects than those by which the other species of 
 property are held ; and are also more easily deduced. 
 
 Before, however, abstracts of these titles can be 
 accurately prepared, it is necessary to know the 
 nature of the tenure, as well as the custom of the 
 particular manor in which the property is situate ; 
 because the assurances depend greatly, and in many 
 instances entirely, upon it. Fur this purpose, the 
 following distinctions between the several tenures 
 or holdings should be borne in mind : -(1) That 
 which is held by fealty and office or symbol (a spur 
 or a horn or the like), as are the great manors held 
 under the Crown, passes in fee, not " at the will of 
 the lord," but by descent ; the widow's estate being, 
 as in pure freeholds, called " dower " ; and the 
 tenure is, therefore, properly termed " Copyhold of 
 inheritance " :— (2) That which is held of the lord of 
 the manor, is the ancient villenage and pure copy- 
 
 d 2 
 
 k/
 
 24 
 
 ABSTRACTS OF TITLES. 
 
 Custom 
 Manors, 
 
 Descent. 
 
 Fines. 
 
 Hcriots 
 
 Timber. 
 
 hold tenure, it being held " at the will of the lord, 
 according to the custom of the manor"; the widow's 
 interest being called " widowhood," and the tenure 
 Lb, therefore, termed " Copyhold " — generally :— And 
 (3) that which is held of the manor — not of the Lord 
 of the manor — passes " according to the custom of 
 the manor " and not at the " will of the lord ac- 
 cording to the custom of the manor," as in the last 
 case ; the widow's interest being called " Free- 
 bench" or "Thirds;" and this tenure is, therefore, 
 termed " Customary freehold." These distinctions, 
 though important, are, like the tenures, often con- 
 founded, and serious consequences result; they 
 should, therefore, be scrupulously regarded. 
 f And, for the same reason, the custom of the manor 
 likewise should be particularly regarded and stated 
 in the abstract ; or, at least, so much of it as may be 
 material to each particular title ; such as (for one 
 example) the course of descent ; for it may be like 
 Borough English or Gavelkind. It should also be 
 ascertained and stated whether the widow is entitled 
 to dower, or widowhood, or freebench or thirds ; and 
 whether the widow of the last tenant dying in 
 possession, or of the first purchaser is so entitled. So 
 as to fines : — what fine is payable on renewal, and 
 whether on the dropping of the last or all the lives ; 
 whether certain or arbitrary; and if certain, the 
 amount, and if arbitrary, how it is estimated. So as 
 to heriots; whether they are payable on the death 
 of the tenant or tenants or nominees, or each of or 
 tin- survivor of them ; whether pecuniary, and if so, 
 the amount, and if not, whether it is the "best 
 
 beast' or the "bes1 g I." And so as to timber ; 
 
 w bel her it can be cut or is assignable for repairs or 
 building. And again as to forfeiture; whether
 
 ABSTRACTS OF TITLES. 
 
 25 
 
 Entire cus- 
 tom of 
 manor. 
 
 alienation without licence, the neglecting to repair, Forfeiture, 
 the alterations of buildings, or the like, creates a 
 forfeiture of the whole, or only tho aggressor's estate. 
 In short, the entire custom of the manor affecting 
 the property should be clearly ascertained and 
 defined in order to complete the abstract; especially 
 as the customs of almost all manors differ, and in too 
 man}- instances are, and have been complicated by 
 non-professional stewards, who neither have, nor can 
 be expected to have sufficient knowledge of this 
 antiquated law to enable them to avoid it. (a) 
 
 These particulars ought to be attainable by appli- 
 cation to the steward of the manor ; but if any 
 doubt is felt, the court rolls and presentments should 
 be referred to, as, for the reasons just given, their 
 definitions cannot, in non-professional cases at least, 
 be depended upon, (b) 
 
 ^Vhen the necessary information has been ob- 
 tained (c) and stated, the points chiefly to be at- points to be 
 tended to in the course of the title, bearing these observed 
 distinctions in mind, are : — ■ 
 
 1. That the grants, and all the intermediate surren- 
 ders, whether absolute or conditional, were duly made, 
 and that admittances follow them when necessary. (d) 
 
 Chief 
 
 (a) The author is, in justice, also bound to state that in the 
 course of his practice he has found some professional brethren 
 wauling in knowledge of that branch of the law, especially 
 with respect to widowhood; as to which, in no less than six 
 recent cases has he, on reference to the ancient presentments, 
 found them mistaken, aud established his clients' rights. 
 
 (b) It is computed that no less than four thousand different 
 manorial customs exist iu this kingdom. 
 
 (c) This can generally be procured from the steward of the 
 manor, or upon an inspection of the court rolls and documents. 
 
 (d) Admittance is not necessary in the case of trustees in 
 bankruptcy, or of mortgagees, unless the latter wish to enforce 
 their securities. Payment however of the mortgage debt should 
 be shewn by an entry of satisfaction in the court rolls.
 
 26 
 
 ATTRACTS OF TITLES. 
 
 Commence- 
 ment of 
 abstracts 
 of copy- 
 holds. 
 
 The 
 Grants. 
 
 Limitation 
 for lives. 
 
 ■_'. That a\\ entails created of the property have 
 been barred according to the customary mode of 
 barring them. 
 
 3. That the heirs admitted were legitimate. 
 
 4. That the legal as well as the equitable estate 
 was vested in the surrenderer; and 
 
 5. That no forfeiture has been committed by 
 alienation contrary to the custom or otherwise. 
 Even the granting of leases for an absolute term of 
 more than one year will generally effect forfeiture. 
 These points are material to be noticed in the first 
 instance, in order to have any irregularities which 
 may appear rectified, and the necessary stipulations 
 respecting them made before the property is sub- 
 mitted to sale, or is mortgaged ; and, indeed, before 
 incurring the preliminary expenses attending the 
 investigation of the title, by which both time and 
 disappointment are frequently saved. 
 
 An abstract of copyholds should commence with 
 the last grant of the premises. But if such grant 
 dates back for more than forty years, the abstract 
 should begin with the first absolute surrender above 
 that date; for, although there may not be much risk 
 in deducing the title even beyond such period when 
 it appears tolerably clear, yet it is proper in all cases 
 not to load the abstract with unnecessary matter, 
 and thus to put parties to needless expense. 
 
 In abstracting the grant it must always be shewn 
 whether it passes an immediate estate or an estate in 
 reversion : and, if it is for lives, the names and ages 
 of the nominees should be mentioned. It should also 
 be shewn, although not material, whether they were 
 made in or out of court. 
 
 It Dot un frequently happens that the estate is 
 limited to the grantee for the lives of himself and
 
 ABSTRACTS OF TITLES. 
 
 27 
 
 Conditions. 
 
 Admit- 
 tances. 
 
 Surren- 
 ders. 
 
 two others and the life of the survivor of them, by 
 which he only takes a life estate, instead of being 
 limited to him, " his heirs and assigns," or to him, 
 "his executors, administrators and assigns" (accord- 
 ing to the tenure), during those lives, by which he 
 would take (as intended) the absolute interest in the 
 property. This part of the grant ought, therefore, 
 to be carefully noticed and set out. 
 
 The conditions also, if any, upon which the pro- 
 perty is held, should be stated. 
 
 So, in abstracting Admittances, it must likewise 
 be stated by whom the fines, and what sums are to 
 be paid thereon, since the doctrine of advancement 
 often conies in question in these titles. 
 
 Surrenders should be so abstracted as to shew, 
 when practicable, whether they are for lives or for 
 years, whether absolute or conditional, and whether to 
 purchasers or to the use of wills, in order that it 
 may be seen how far the admittances accord with 
 them ; and, in the latter case, the wills should 
 likewise be abstracted ; but these surrenders, having 
 been rendered unnecessary by 55 Geo. III. c. 192, are 
 now seldom found in modern titles. It should also 
 be shewn, although not now material, whether they 
 were made in or out of court. 
 
 Some of the before mentioned deeds, prepared by clauses to 
 ni m-professional or unskilful hands, are found to be set < out- 
 contain clauses both unusual and incongruous with 
 the nature of the tenure ; such as uses and trusts, 
 restrictions with respect to dower, alteration of the 
 ancient rents or fines, &c. Others, in case of mort- 
 gages, are loaded like an ordinary mortgage of free- 
 hold, with trusts for sale, conditions, &c. In all 
 these cases the clauses should be set out in order 
 that it may be ascertained how far, if at all,
 
 28 
 
 ABSTRACTS OF TITLES. 
 
 Enfran- 
 chisement. 
 
 Will, pro- 
 bates, &;c. 
 
 Names, 
 kc, of 
 Nominees. 
 
 they are warranted by law or the custom of the 
 
 manor. 
 
 In cases of enfranchisement, the title prior, as 
 well as subsequent to the enfranchisement, must be 
 sIkwu. It was formerly necessary to deduce the 
 title of the Lord of the Manor to the freehold, but 
 this necessity lias now been done away with by the 
 Conv. Act, 1881, s. 3, sub-s. 2. 
 
 The intermediate links of a title, as wills, probates, 
 registers, and the like, must of course be supplied in 
 these as in other titles. 
 
 The names, ages, residences, and callings of each 
 of the persons by whose lives the property is held 
 should be fully and accurately stated ; so that 
 the purchaser or mortgagee may satisfy himself 
 as to the heal tli of the parties, and the desirable- 
 ness of effecting an insurance on the lives of any 
 of them ; and be able to trace any of them, if abroad, 
 and to prove them to be living if called upon to do 
 so under the custom of the manor. 
 
 This statement may be made after the names 
 thus : — " said John Long, then aged about 36 years, 
 now residing at No. 10 Piccadilly, London, and 
 carrying on the business of a grocer ; John Long, his 
 son, then aged ,; years, who is a wine merchant, and 
 s at No. 2 High Street, Norwood, Surrey; 
 and Wm. Long, then aged 4 years, now residing at 
 No. 7 Wall Street, New York, America, and carry- 
 ing on the business of a sharebroker." 
 
 A mistake in the age of either party may entail 
 serious consequences. 
 
 It may bo as well to point out hero, that by 
 Conv. Act, 1881, s. 30, where an estate or interest 
 of inheritance in any tenements, or hereditaments, 
 corporeal, or incorporeal, is vested on any trust, or by
 
 ABSTRACTS OF TITLES. 
 
 29 
 
 way of mortgage in any person solely, the same on 
 liis death, notwithstanding any testamentary dis- 
 position, devolves on, and becomes vested in, his 
 personal representatives, or representative, for the 
 time being. The abstract, therefore, should shew in 
 all such cases who the personal representatives are. 
 
 III. As to Leaseholds. 
 1. For Lives. 
 
 Titles to leaseholds for lives must be regularly 
 deduced from the original leases. 
 
 If the original lease or deed be lost, the counter- 
 part or an attested copy of it should, if possible, be 
 procured and abstracted. But when the former is 
 fully recited in the subsequent deeds, and the pos- 
 >rj lias followed according to them, such recitals 
 are, after a lapse of some years, considered satisfactory 
 evidence of the facts they disclose. (See Doe v. 
 Maple, 3 Bing. N.C. 832.) 
 
 When the surrender of a prior or existing lease is 
 made the consideration, or a part of the consideration 
 of a new one, the old lease and the mesne assignments 
 of it and settlements (if any), must be abstracted, 
 since the new lease would be no protection against 
 incumbrances affecting the property under the latter. 
 
 It may not be amiss to state here that the ha- 
 bendunis should in every case be accurately set forth, 
 in order that it may be seen whether the estate is 
 limited to the lessee, his executors, administrators 
 and assigns, for a term, if the nominees should so 
 long live, or to him, his heirs and assigns for a life 
 or lives, which is very material; because in the 
 one case it is personal estate, and distributable 
 
 For lives. 
 
 Where 
 original 
 lease is lost. 
 
 Snrrender 
 of lease. 
 
 Haben- 
 ilums to be 
 set out 
 fully.
 
 30 
 
 ABSTRACTS OF TITLES. 
 
 or Bi ser- 
 ration. 
 
 Renewed 
 leases. 
 
 Lessor's 
 title. 
 
 amongst his representatives; and in the other, a 
 freehold interest descendible to the heir, (a) 
 
 So also any exception or reservation should be set 
 out. 1 d iii< rat cases of assignment by way of mortgage 
 or underlease, the last day or some small portion of the 
 original term is excepted, in order that the assignee 
 may not become liable to the covenants in the lease, (a) 
 
 Whenever the leases have been renewed in the 
 course of a title, it should, if possible, be seen that the 
 prior leases had properly expired, (b) or were duly 
 surrendered (<•) upon each renewal, and that the new 
 leases were granted to the persons who possessed the 
 legal as well as the equitable interest under the old 
 ones ; and if not, both titles must be shewn. For if 
 two interests were subsisting in different persons 
 at the same time, the title would be defective, and 
 counsel will expect to be allowed an opportunity of 
 judging as to the most eligible means of curing such 
 defect. A case of this kind might happen (and 
 within the author's experience has happened) by a 
 lessee mortgaging his interest under an existing lease, 
 and obtaining a new one, without surrender, before 
 the term granted by the former had expired, (a) 
 
 Leaseholds for lives are not included in the pro- 
 visions of the V. and P. Act, 1874, s. 2, and pre- 
 sumably therefore, on a sale of such leaseholds, the 
 lessor's title may still be called for. But, in the 
 case of a lease dated more than forty years back, 
 will probably be unnecessary. 
 
 00 It may be observed that this rule applies to all leases. — 
 Eds. 
 
 6) e.g. Tn leases for lives a question sometimes arises 
 whether the proper period for renewal is the dropping of the 
 first or the surviving life. 
 
 (c) By the 8 & 9 Vict. e. 106, s. 2, this must be done by 
 deed, and therefore the surrender should likewise he abstracted.
 
 ABSTRACTS OF TITLES. 
 
 31 
 
 The names, ages, residences, and callings of each Names, 
 of the persons by whose lives the property is held * ge ^ 
 should he carefully and accurately stated; for the gi ven . 
 reasons before given. (See p. 28.) In regard to 
 leasehold property these reasons are, if possible, 
 more cogent; for in leases for lives, or for terms 
 depending upon lives, there is sometimes inserted a 
 proviso — that if the existence of either of the parties 
 by whose lives the property is held cannot, when 
 called upon under such proviso, he proved, the 
 lease shall become void and the lessee's interest 
 forfeited. (See page 28.) 
 
 Subdivision and apportionments of rents should 
 also be shown. 
 
 2. For Years. 
 
 Titles to leasehold property held for long terms Terms of 
 of years, should be deduced from the original lease yea 
 or deed creating them, and the abstract should 
 commence accordingly. The abstract should also 
 shew all necessary mesne assignments. With regard 
 however to these, where the lease is a very old one, 
 it is conceived that the mesne assignments need not 
 be abstracted for more than the last forty years. 
 
 And where neither the creation of the term, 
 nor the mesne assignments of it, can be shewn, 
 in any other way than by recitals in subsequent 
 deeds, their loss may in some cases be supplied by 
 those recitals, and in this case also the regularity of 
 the title prior to the last forty years, will, in the 
 absence of suspicion, and when the possession has 
 been agreeable to them, generally be presumed. 
 
 The abstract, will, therefore, in such a case, 
 commence with the first assignment in the vendor's 
 possession, and all the recitals and statements 
 
 Where 
 
 deeds lost.
 
 32 ABSTRACTS OF TITLES. 
 
 relating - to the term ami the prior assurances must 
 be very fully set forth. 
 
 "When leases are granted under powers, such 
 under powers must be abstracted, in order to shew that 
 
 the former are prepared in strict conformity with 
 them, that circumstance being very material to 
 their validity. 
 Limitations It should be remarked, that, in leases, the haben- 
 in iLiben- dunis, through strange inadvertence, are frequently 
 inaccurate in this, that they limit the estate " from 
 the day of the date " instead of from " thenceforth," 
 or from the time of the sealing and delivering of 
 them. This is of importance in leases granted 
 under powers, since it is essential to their validity 
 that they should commence in present!, and not in 
 futuro; and as it has been decided that this form of 
 limitation may be taken either to include or exclude 
 the day on which the deed is dated, (see Pugh v. 
 The Dulce of Leeds, Cowp. 714; Freeman v. West, 
 2 Wils. 165 ;) it often seems to be sufficient to 
 render their validity somewhat questionable. Great 
 care must, therefore, be observed in stating this 
 part of the deed correctly, (a) 
 Lessor and By Conv. Act, 1882, s. 4, it is provided that 
 Cinder- where a lease is made under a power, any preliminary 
 Titles. contract, for, or relating to such lease, shall not 
 
 form part or evidence of the title, and, with regard 
 to other leases for terms of years, by the V. and P. 
 Act, 1874, s. 2, the purchaser of a lease was pre- 
 cluded from calling for the lessor's title; and by 
 Conv. Act, 1881, s. 3, tho same restriction was 
 imposed upon the sale of an underlease, as to the 
 
 (a) Sec, however, 12 & 13 Vict c. 26, s. 4, wLich provides for 
 curing auch defects in certain cases.
 
 ABSTRACTS OF TITLES. 33 
 
 nnderlessor's title. It may be mentioned that by 
 Conv. Act, 1881, s. 3, sub-ss. 4, 5, the production of 
 the receipt for last payment of rent, whether in the 
 case of a lease, or underlease, is made sufficient proof 
 of the performance of all covenants. 
 
 In the case of the sale of an old term, such as 01d Terms, 
 those commonly created by way of mortgage, or 
 for raising portions, or other limited purposes, it 
 seems that the abstract should commence with the 
 instrument creating the term, and should also as far 
 as possible set out any documents, which shew that 
 it has become absolute, as e.g. a decree of foreclosure. 
 (Dart, V. and P. 5th ed. 294). For the future, 
 however, it is probable that, in the case of such long 
 terms, recourse will be had to the provisions of the Conversion 
 Conv. Act, 1881, s. 65, for enlarging these into fee- of old 
 simple estates. Where this has been done, the 
 abstract should shew that a proper deed has been 
 executed. 
 
 3. Held under Corporate bodies. 
 
 In abstracting titles to property held under the ^ eld under 
 Crown, deans and chapters, hospitals, and other B jie' s .' 
 corporate bodies, it is proper to ascertain and set 
 forth, if possible, the contents of such leases as may 
 have been surrendered, (a) "if they are made the 
 consideration, or part of the consideration, of the 
 new leases (as is very commonly done) : for the 
 purchaser, thus having notice of them, would take 
 the estate subject to the equity of the previous 
 owners of it, and counsel would consequently 
 require them to be abstracted. Trusts affecting this 
 kind of property are, however, seldom enforced after 
 
 (a) See ante, p. 30, n. (b)
 
 34 
 
 ABSTRACTS OF TITLES. 
 
 a lapse of thirty or forty years, when the possession 
 has been conformable to the several changes in it, 
 and therefore the title need not, in general, be carried 
 further back than this period. 
 
 Collateral 
 documents. 
 
 Heirships, 
 &c. 
 
 Pi- 
 evidence. 
 
 roper 
 
 It should be always remembered, that all collateral 
 documents, such as administrations, registers, &c. 
 connecting or supporting, as well as judgments, &c. 
 disparaging the title, must be stated in the order in 
 which they occur and are referred to in the deeds 
 or instruments reciting them. 
 
 So all evidences of heirships and seisin ; (a) all 
 changes of tenancies ; and all means of identifying 
 persons as well as property, and losses of title deeds 
 or documents should, when the title deeds themselves 
 do not serve the purpose, be carefully ascertained 
 and stated, either in the margin or in some con- 
 spicuous part of the abstract ; but for short notes 
 the margin is best. So all doubts and discrepancies 
 should be thus explained ; all mistakes and irregu- 
 larities cleared up. 
 
 But this must be done not simply by mere state- 
 ments, but by evidence, according to the nature and 
 importance of each. For these purposes, family 
 pedigrees, with statutory declarations and certificates 
 verifying them, extracts from church and poor 
 rates, land tax assessments, and monuments, grave 
 and tomb stones, are sometimes found useful, (b) 
 In short, all such documents and memorandums as 
 
 (a) It Bhould be borne in mind that by the 3 & 4 W. 4, 
 c. 100 (1st January, 1834), the course of descent us well as 
 (by s. lo.v the law of dower whs altered. 
 
 (/*) For further information on this point, see Dart's V. & P., 
 5th ed.. p. 348.
 
 Abstracts. 
 
 ABSTRACTS OF TITLES. 35 
 
 arc calculated to shew an absolute seisin in, or an 
 uninterrupted possession by the vendor or his 
 ancestors for the preceding forty years and upwards, 
 should, if possible, lie procured and abstracted in 
 support of such statements. This evidence is, as 
 before stated, now generally deemed by conveyancers 
 to be satisfactory when the title is free from sus- 
 picion ; and especially when they relate to events 
 and circumstances beyond the last twenty years, (a) Preston on 
 
 The method of abstracting each of the before- 
 mentioned titles is shewn, and many other par- 
 ticulars respecting them are given in the subsequent 
 pages; so that it is unnecessary to add here any 
 further remarks. But if the reader should discover 
 any omission, or if his inclination or necessities 
 should prompt him to seek further information 
 upon this subject, he is referred to Mr. Preston's 
 valuable Treatise upon Abstracts, (b) from which 
 the one may be supplied, and where the other will 
 be found. 
 
 (a) See Fort v. Clarice, 1 Kuss. Gil. 
 
 (//) To which may be added Dart on Vendors and Purchasers, 
 and the notes to Mr. Davidson's Collection of Precedents.
 
 ( 3G ) 
 
 PART III. 
 
 HELATING TO 
 
 1. The Heading of the Abstract. 
 
 2. The Method of Abstracting Clauses in ordinary- 
 
 Deeds. 
 
 3. The Mode of Abstracting particular Documents. 
 
 A few brief remarks having been made respecting 
 the commencement of Titles, and some of the chief 
 points to be observed in deducing them, some instruc- 
 tions will now be offered for preparing Abstracts, 
 under the following; heads. 
 
 I. As to the Heading of the Abstract. 
 
 Head or Every abstract should have an introductory title 
 
 or head, and it should show — 1. The owner, his 
 residence and calling, and whether as trustee, 
 mortgagee, executor, or the like ; — 2. The nature of 
 the property to which it immediately refers, — as 
 whether it be of freehold, copyhold, gavelkind, 
 burgage, or other tenure ; the particulars as to 
 quantity, — as whether it be a moiety, a third part, 
 or the like ; tho number of acres; and the situation, 
 and the occupation of it ; — 3. The estate or interest
 
 ABSTRACTS OF TITLES. 37 
 
 of the owner in the property, as — whether it be the 
 fee, a life-estate, a term of years, or a term deter- 
 minable upon lives, &c. — and, 4. The qualification, 
 if any, with which the property is sold, — as whether 
 it be sold subject to mortgages, rents, annuities, 
 covenants, &c, or to known defects and restrictions 
 of title specified in the contract or conditions of sale. 
 It is likewise most proper to give the owner's names 
 in full, as well as his residence and calling ; and if 
 ho be not the beneficial owner, the character in which 
 he acts, as trustee, mortgagee, or the like ; for this 
 enables the purchaser's or mortgagee's solicitor 
 to complete his draft in this respect, instead of 
 leaving it in blank and causing further inquiry and 
 additional expense. 
 
 So when there are two or more persons in one Names of 
 family of the same names, as in the case of cousins, P arties aad 
 it should be carefully and clearly shewn which is 
 the party interested, as " John Slade of, &c. grocer, 
 son of George Slade, late of, &c. grocer ;" or, " John, 
 the son of Robert Slade, late of, &c. grocer." 
 
 So with respect to the parcels. Great care should Description 
 be observed, in designating here curtly the property Parcels - 
 which is the subject of the abstract, and that only ; 
 for the person about to examine the title as naturally 
 looks at this part first as he would at a title pao-e of 
 a book he intended to read. Any mistake, therefore, 
 in the tenure, quantity, or description of the property 
 is sure to lead to doubt, question, and inquiry, as 
 well as to unnecessary trouble. 
 
 So when the property is charged with any in- Charge. 
 cumbrances, or annuities, mortgages, or the like, 
 they should be briefly mentioned in this heading. 
 
 It is necessary to state all these particulars, or Reasons, 
 at least such of them as may be applicable in each 
 
 E
 
 <i .Mr. 
 Barton. 
 
 38 ABSTRACTS OF TITLES. 
 
 case, in order that the attention may, whilst the 
 abstract is being perused, be confined throughout 
 solely to the objects of it, and the parties and their 
 respective characters as well as the property and its 
 incidents and charges, may be more easily traced 
 and identified ; and also in order to prevent un- 
 necessary reference and inquiry, which involves 
 unnecessary expense ; especially where it is pre- 
 cluded by express stipulation. 
 Opinion These points claim the strictest observance ; 
 
 because (as Mr. Barton has observed) " for want 
 of a designation like this, it often happens where 
 the vendor is possessed of other estates than those 
 under consideration holden under the same title, 
 that the conveyancer is left in total ignorance as to 
 the property to which his attention is intended 
 to be applied, and is, consequently, sometimes 
 rendered incapable of advising otherwise than at 
 random on the particular object which is in the 
 view of the parties." (a) 
 
 II. As to the Method of abstracting the Clauses 
 in ordinary Deeds. 
 
 The component parts of deeds and documents to 
 be abstracted should be well understood, in order 
 to compress them, when necessary, with accuracy 
 and safety. With a view of rendering this work 
 more generally useful, it will therefore be pointed 
 out in a more particular manner how the clauses 
 found in all ordinary deeds ought to be abstracted. 
 
 (a) In practice a briefer heading is usually employed, but 
 the longer method in the text may be recommended for greater 
 clearness and accuracy. — Eds.
 
 ABSTRACTS OF TITLES. 39 
 
 Before proceeding further, however, it will bo Proper 
 proper to observe, once for all, that such parts omissIons - 
 of the deeds and instruments to be abstracted as 
 relate to other property besides that to which 
 a title is being deduced, may and in fact ought 
 to be entirely omitted, in order to avoid confu- 
 sion and embarrassment to persons perusing the 
 abstract and unnecessary expense to clients. A 
 reference should, however, be made to them so as 
 to show that they apply to such other property. 
 But, whenever the essential and irrelevant parts are 
 so inseparably connected as to render this object 
 unattainable, it is very desirable that they should 
 be so designated as that they may be clearly dis- 
 tinguished. In the case of the parcels this should 
 be done if possible by reference to plans in the 
 margin of the abstract. 
 
 It should also be suggested that the language, as Exact lan- 
 well as the arrangement of every deed and docu- § ua g e and 
 ment abstracted, however quaint or unusual, should men t to be 
 be closely followed. And when they are complex followed. 
 or doubtful, it is better to quote them literally; 
 especially in cases of wills, contracts, or the like. 
 
 1. The Commencement. 
 
 The dates should be first stated in the margin of Dates, 
 the abstract as concisely as possible. It is un- 
 necessary to state the year of the King's reign in 
 which the deeds were made, unless (as is sometimes 
 the case in old deeds,) no other date appears. It is 
 usual, however, to date charters, fines, and recoveries 
 as of the term and year of the King's reign in or as 
 of which they were levied and suffered, giving the 
 date of the year likewise. 
 
 e 2
 
 40 
 
 ABSTRACTS OF TITLES. 
 
 Description 
 ui Deed. 
 
 Feoffments. 
 
 Inrol- 
 ment of 
 bargains 
 and sales. 
 
 It is also very proper to mention the names of the 
 deeds after the words "By indentures," as "By 
 indentures of lease [and appointynent] and release," or, 
 " By indenture of mortgage," or, " By indenture of 
 assignment," &c. for this directs the attention at once 
 to the points necessary to be observed in perusing 
 them, but especially to the granting part and cove- 
 nants. But where extreme brevity is desired, these 
 names, as well as the succeeding words, " of these 
 dates " may be safely omitted. 
 
 In abstracting feoffments, it is generally advisable 
 to state at the commencement (before the parties) 
 that livery of seisin is indorsed; because at the 
 very sound of the word " feoffment," the inquiry 
 upon this head naturally starts up in the mind ; 
 and it is better to satisfy it at once than to give 
 the trouble of reference. But when seisin is 
 delivered by attorney, the foot is the better place 
 for stating it, and there it should be done more 
 fully. 
 
 And so, with respect to old bargains, and sales 
 inrolled, this seems to be the preferable place for 
 mentioning the inrolment of them. But as to those 
 of recent date, it is proper to state it more fully at 
 the foot ; shewing the date of inrolment which is 
 then important. 
 
 2. The Parties. 
 
 The residence of the parties to deeds or instru- 
 ments not immediately connected with the title, 
 such as settlements abstracted merely for the purpose 
 of shewing jointures, or that dower has been barred 
 by them, or the like, may be altogether omitted, and 
 in all other deeds and instruments after it has been
 
 ABSTRACTS OF TITLES. 
 
 41 
 
 onco given ; except when identity or distinction 
 requires them to be retained, as whero a party, 
 changing his residence, makes one deed at one place 
 and another at the place to which he removes ; or, 
 whore the same name, though of a different party, 
 occurs two or three times in the course of the 
 abstract, as is frequently the case in titles derived 
 through settlements of family estates, and then they 
 should bo designated as William, the son of Robert 
 Slade, or, son of William Slade, of &c. Esq., or, son 
 of William Slade, late of Wake, aforesaid, Esq., 
 deceased, or son of John Slade, of Wake aforesaid, 
 Esq., deceased, or more shortly, William Slade the 
 father, and William Slade the son. 
 
 So with respect to persons of rank, their titles Noblemen, 
 should be given in full at the commencement and 
 afterwards more shortly, as " s'\ Earl, B.", or " s d . Sir 
 J. Hoare," or, " Dame Marg. Hoare." 
 
 But the characters in which the parties severally Capacity 
 execute the deeds or instruments, — whether as heir 
 at law, devisee, executor, &c- — should always be 
 once accurately stated, and again as often as they 
 are changed ; for that not only assists the person 
 perusing the title in ascertaining the legal effect of 
 the assurance, and in distinguishing the parties, — 
 and especially persons of the same name and family ; 
 but also facilitates searches for incumbrances, deaths, 
 wills, and the like. 
 
 It frequently happens in old deeds leading or Partioe to 
 directing the uses of fines and recoveries, that there oltl deeds.. 
 are parties named who have no interest whatever in 
 the property which is the subject of the abstract ; 
 but are merely entitled to other property comprised 
 with it in those assurances. In these cases, neither 
 the residence, nor the characters of such parties, 
 
 &c. 
 
 in which 
 
 parties 
 
 execute.
 
 42 ABSTRACTS OF TITLES. 
 
 need be stated ; indeed it is sufficient, and, to avoid 
 confusion, perhaps better, instead of even naming 
 them at all, to say — " and several other parties not 
 interested in the property which is the subject of 
 this abstract, of the fourth, fifth, and sixth (or other') 
 parts," (or, as the case may be) ; taking care to omit 
 those names entirely afterwards, as well as the 
 parcels in which they are interested ; to which the 
 words "amongst," or " together with other property," 
 or "other hereditaments, not the subject of this 
 abstract," (according to circumstances,) are an ample 
 reference. 
 
 3. TJie Eecitals. 
 Recitals. The recitals, although not, of themselves, when 
 
 less than twenty years old, evidence'of the facts stated, 
 are, nevertheless, useful as explaining the object of 
 the deed. Sometimes they contain the substance of 
 some of the prior assurances, and sometimes only the 
 contract for sale or purchase, loan, &c. In the 
 former case, when those assurances have been pre- 
 viously abstracted, and in the latter case, when they 
 contain no special matter, they may be noticed very 
 briefly ; but when, on the other hand, they deduce 
 or elucidate the history of the title, and the title- 
 deeds are wanting, they should be abstracted very 
 fully ; they being then, if substantiated, evidence 
 against the parties themselves, (Doe v. Rogers, 3 Ad. 
 & Ell. 513 ;) and operating as between them, by way 
 of estoppel ; (Doe v. Dodd, 2 Nev. and Mann. 45, 
 S. C. ; Scott 35.) 
 
 Where however recitals, statements, and descrip- 
 tions of facts, matters, and parties are contained in 
 deeds, instruments, Acts of Parliament, or statutory 
 declarations, twenty years old at the date of the
 
 ABSTRACTS OF TITLES. 43 
 
 contract, they shall, unless and except so far as they 
 shall be proved to be inaccurate, be taken to be 
 sufficient evidence of the truth of such matters, facts, 
 and descriptions. (V. and P. Act, 1874, s. 2, subs. 2.) 
 It should be remembered, however, that the above 
 provisions refer only to recitals of fact, and not of 
 law. (See ante, p. 14. Bolton v. London School 
 Board, 7 Ch. D. 766.) 
 
 Eecitals of trusts or powers, which have been or Recitals of 
 are about to be executed or exercised, ought also to powers- 
 be fully al istracted ; and when they are specially or 
 ambiguously worded, or when the deeds creating 
 them are in the hands of the trustees or other 
 parties, it is better to transcribe them totidem verbis. 
 This is desirable, not only because such recitals will 
 enable counsel to judge as to the due performance 
 and execution of such of them as still continue or 
 subsist, and to advise as to the best mode of disposing 
 of such as may remain ; but also with a view to 
 their becoming (if made from the original deeds) 
 in the course of time evidence in support of the title, 
 in case the original deeds should ever be lost ; which 
 is not at all improbable, if they are not delivered 
 over to the mortgagee or purchaser. 
 
 The late Mr. Preston recommended that, whenever Deeds cot 
 the title depends upon deeds recited in others not in m cus ° y ' 
 the custody of the vendor or mortgagor, such re- 
 citals should be extracted, and made to precede the 
 abstract of the deeds containing them. This might 
 have been an useful point when it was first sug- 
 gested ; but now that recitals are for the most part 
 very concise, and a recital within a recital seldom 
 occurs, it is certainly less important. 
 
 There is, however, a strong objection to this 
 mode, namely, that whilst the abstract itself would
 
 44 ABSTRACTS OF TITLES. 
 
 be a mere skeleton, it would make the deeds ab- 
 stracted appear substantively, and therefore invite a 
 call for its completion and their production, (a) 
 
 4. The Testatum Clause. 
 
 Testatum. This may be abstracted concisely ; but when 
 it is vaguely expressed, as it sometimes is where 
 several parties possessing different interests join in 
 the same assurance, some attention should be paid 
 to render it as perspicuous, at least, as the deed 
 itself. 
 
 Considers- The consideration, whether nominal or not, but 
 
 tl0D- particularly in annuity deeds, where adequacy of 
 
 consideration is the essence, and in a bargain and 
 sale under the Statute of Uses, and deeds inrollecL, 
 should always be mentioned, and the parties paying 
 and receiving it, in the order in which they seve- 
 rally stand in the deed ; as this will prevent am- 
 biguity, and enable counsel at once to see that it has 
 been paid by, and to the proper parties. 
 
 So the consideration in transfer of mortgages, 
 reconveyances, releases, &c, should be fully set 
 out. 
 
 Money paid When the deed is made in pursuance of a power 
 
 out of a or -trust, requiring tho consideration money to be 
 particular . _ „ r , n i e 
 
 fund. P ai d out of a particular fund, — as trust monies, dec. 
 
 — or, to particular persons, the language of the 
 clause should be closely pursued; so as to shew 
 that the terms of the power or trust have been com- 
 plied with. 
 
 (a) In abstracting recitals conciseness within limits is, no 
 doubt, desirable. But some caution must be exercised in this 
 matter. For, inasmuch as a recital purports to be itself a 
 small abstract, a well-tlrawn recital should neither require nor 
 be capable of much curtailmeut. — Eds.
 
 ABSTRACTS OF TITLES. 
 
 45 
 
 Receipt. 
 
 So, also, whore the consideration money is a debt 
 due, or a debt partly due and to become due, or the 
 floating balance of a bank account, and where it is 
 made jiayablo in a particular manner, — as by de- 
 ducting it from an account current, &c. ; and when 
 the deed is made for particular purposes, as for lead- 
 ing or declaring the uses of fines and recoveries ; or 
 for settling a jointure in lieu of dower or the like, — 
 tho words, and not merely the effect of the clause, 
 ehould be given. 
 
 In deeds executed before 1882 the clause acknow- 
 ledging the receipt of the consideration money, not 
 being alone evidence of payment of it, need not be 
 noticed at all ; except when there is no receipt in- 
 dorsed on the deed, or when the money is expressed 
 to have been paid at a previous time, or for a par- 
 ticular purpose, as in discharge of a mortgage, bond, 
 portion, legacy, or the like ; or in a particular man- 
 ner, as by deducting it from an account current, &c. 
 But by sees. 54 & 55 of the Conveyancing Act, 1881, 
 in deeds made after that year, a receipt either in the 
 body of the deed, or indorsed thereon, is made suffi- 
 cient evidence of payment, and should therefore be 
 abstracted. 
 
 If the deed be in exercise or execution of a power 
 or trust, the clause referring to such power or trust 
 
 power or 
 
 should be stated in words as nearly as may be to trust. 
 the language of the deed itself; and when such 
 clause is couched in ambiguous language, it must 
 be transcribed literally. It ought also to be stated 
 when trustees or mortgagees, &c, join in a deed, by 
 and with whose privity, direction, or appointment 
 they execute it ; and in deeds after 1881 the capacity, 
 where stated, of any party, as, e.g. settlor, beneficial 
 owner, &c. (Conveyancing Act, 1881, s. 7.) 
 
 Deed in 
 exercise of
 
 46 ABSTRACTS OF TITLES. 
 
 So in abstracting deeds under 4 & 5 Vict. c. 21 (a) 
 the references to the Act should he shewn, and in 
 the place where they appear in the deed. 
 
 So likewise with respect to deeds acknowledged by 
 married women, under the 3 & 4 W. 4, c. 74, the 
 reference to such Act, if any, should he noticed. And, 
 in general, where any reference to a special Act is 
 made in this part of the deed, it should be abstracted. 
 Operative The operative words in each granting part must 
 always be expressed in the same order as they stand 
 in the deed, and only varied by changing them into 
 the past tense, as these words are of the essence 
 of the assurance, and the operation of it greatly 
 depends upon them, (b) And the name of the grantee 
 or assignee, and the following words, "and his 
 heirs," or " his heirs and assigns," or " his executors, 
 administrators and assigns," should also be stated 
 as they appear. 
 
 In abstracting a release the reference to the 
 bargain and sale (c) should be shortly noticed, in 
 order to shew that it is recited there; because 
 in that case, if the original lease were lost, such 
 recital, after a due lapse of time, would be evidence 
 of its having existed. 
 
 5. The Parcels. 
 
 Parcels. ' The parcels must be transcribed from the first deed 
 
 abstracted, whether their description is contained in 
 
 (a) An Act to render a release only, an effectual mode of 
 conveyance of freeholds. This Act has been since abolished by 
 Stat. Law Rev. Act, 1874 (No. 2).— Eds. 
 
 (h) By the Conv. Act, 1881, s. 49, the word "grant" in con- 
 veyances, whether marie before or after the Act, has been 
 deprived of any specific value, except, probably, where it 
 implies covenants under any Act, as, e.g. Lauds Clauses Cons. 
 Act, 1845, s. 132.— Eds. 
 
 (c) Abolished by 4 & 5 Vict. c. 21 (1841).
 
 ABSTRACTS OF TITLES. 47 
 
 the body of the deed, or in a schedule thereto, in- 
 chiding descriptions of boundaries, tenancies, pos- 
 sessors, charges, heirships, or the like ; and, as often 
 as they intimately correspond with that description 
 in the subsequent deeds, a short reference to it is 
 sufficient; but the names of the tenants should 
 should always be given for the purpose of identity. 
 Where the parcels are identified by reference to a 
 map, the map, or a copy of it, should be sent with 
 the abstract. 
 
 But whenever any variations or more particular Variation 
 descriptions occur, they must, in like manner, be ^ on e ^ nP " 
 fully set forth. When any ambiguity occurs in the parcels, 
 description, or doubt arises as to the identity of the 
 parcels, by reason of alterations in, or additions to 
 buildings, or of the conversion of one field into 
 several, or several into one, or by reason of any 
 other circumstances; it should be explained and 
 reconciled by proper evidence, which, if feasible, may 
 be furnished by a marginal note (See ante, p. 34). 
 Counterparts of old leases, maps, terriers, &c, and 
 statutory declarations of persons who have long 
 known the property and assisted in making such 
 alterations or additions, or are well acquainted with 
 the facts of their having been made, are the best 
 kind of evidence for this purpose. 
 
 So, also, when the parcels have passed under Identity to 
 a residuary devise, or have been affected by an 
 inclosure Act, their identity should be particularly 
 attended to and shewn. 
 
 Where the parcels are comprised with other pro- Parcels 
 perty in any deed forming part of the abstracts, a short ^ Mother 
 reference to such other property will be sufficient; property. 
 as, e.g. — "unto s d . A.B. and his heirs, inter alia," — 
 or, " together with other property not the subject of
 
 48 
 
 ABSTRACTS OF TITLES. 
 
 Part only 
 of estate 
 conveyed. 
 
 Release, 
 
 remainder, 
 
 reversion. 
 
 Parcels 
 described 
 by refer- 
 ence. 
 
 Recitals at 
 the end of 
 the Parcels. 
 
 this abstract ; " — or, " together with other property 
 lately forming part of s d . abst ld . premises, but 
 now sold and conveyed to CD. of &c, grocer:" 
 a description of the parcels following in each 
 case. 
 
 So also where exchanges have taken place, similar 
 remarks should be made, and the quantities of the 
 properties exchanged should be shown. (See ante, 
 pp. 20-1.) 
 
 And when a deed purports to be a conveyance 
 of a moiety or other particular part of an estate, 
 the language in which the parcels are described 
 should be strictly adhered to ; and great care 
 afterwards observed in keeping up a distinct 
 view of the portion conveyed, so as to avoid doubt 
 and inquiry respecting the identity of it. 
 
 So, also, in abstracting a release or conveyance 
 of a remainder or reversion, the clause describing 
 the quality (as " all that the remainder or reversion 
 expectant," &c.) as well as the quantity of the pro- 
 perty conveyed, must be stated, since a slight error 
 in this description may occasion much trouble and 
 delay, as well as inconvenience, in getting it 
 rectified. 
 
 Where the parcels are described by reference to a 
 recital, or, in the case of an indorsed or supplemental 
 deed, to a principal deed, they should be set out 
 fully in the recital, and the references in both cases 
 should also be abstracted at length. 
 
 All recitals (commonly given in ancient deeds) 
 immediately after the descriptions of the parcels, 
 should be set out fully ; particularly when the deeds 
 are wanting, and they deduce the title or afford any 
 material information in support of it, or respecting 
 the possession or tenancy of the property ; because
 
 General 
 words. 
 
 ABSTRACTS OF TITLES. 49 
 
 such recitals are evidence against the parties to the 
 doeds, and persons claiming under them. 
 
 G. The General Words. 
 This clanso is most commonly abstracted very 
 concisely ; but sometimes it is necessary to give it 
 more at length. And this should be done whenever 
 any doubt is entertained as to any particular part 
 of the property which it is desired to convey, having 
 passed under the preceding particular description ; 
 or whenever it will assist or exemplify such par- 
 ticular description. General words having been 
 rendered needless, except under special circum- 
 stance, by the Conv. Act, 1881, s. 6., should be fully 
 abstracted when found in deeds after that Act. 
 
 7. The Exceptions and Beservatiom. 
 All exceptions and reservations in deeds, especially Exceptions, 
 in leases, should be fully and correctly stated ; c " 
 such as, exceptions of minerals, &c, reservations 
 of rights of way, and other easements. (See title 
 " Covenants."*) 
 
 8. The Sweeping Clauses. 
 The sweeping clauses — " and the reversion, &c, Sweeping 
 and all the estate, &c, and all deeds, &c," are, for the 
 most part, so uniform that they may be stated as 
 concisely as possible ; for in general itr is sufficient 
 to know that they are not omitted in the deed or 
 instrument, (a) If, however, they at any time 
 materially vary from the common forms, or contain 
 any qualification or exception, such variation, 
 qualification or exception should be shewn. 
 
 (a) See Conv. Act, 1881, s. 63. 
 
 clauses.
 
 50 ABSTRACTS OF TITLES. 
 
 9. The Hdbendums. 
 
 Haben- The habendum s should be abstracted fully and 
 
 dum. very accurately ; and not in the loose and unsatis- 
 
 factory manner in which they are frequently stated, 
 as — " To hold unto said A.B., his heirs, &c," or " To 
 hold to said A.B., his executors, &c." The abstract 
 ought always to give the exact words of the limita- 
 tion to show whether it is simply to the grantee " and 
 his heirs," or " his heirs and assigns," or " unto and 
 to the me " of the grantee, " his heirs and assigns ; " 
 or in deeds subsequent to the Conv. Act, 1881, in " fee 
 simple," " in tail," &c., absolutely or conditionally, 
 because the title often depends upon the special 
 wording particularly where there are posteriylr uses. 
 And it should also shew where it is so stated, 
 whether the limitation be two or more/persons as 
 joint tenants; or as tenants in common; or whether 
 it be of a life-estate, or of a remainder, reversion, or 
 the like ; and the charges to which the property is 
 liable, or is discharged from, as chief-rents, mortgages, 
 annuities or the like, and any leases to which the 
 property may be subject, and the apportionments of 
 rent, if any, in connection with such leases ; and, 
 in leasehold titles for lives, the terms and the 
 names, ages, residences, and callings of the persons 
 for whose lives the leases were granted, should be 
 stated, (a) 
 
 10. Tlie Reddendum. 
 
 , This material clause may, in general, be abstracted 
 
 dum. very briefly ; but when the rent is made payable 
 
 from any particular part of the property, or by, or 
 
 to particular persons ; or, when it is to be specially 
 
 appropriated : it should be done more at large. And 
 
 (a) It may here be remarked that expired leases ought not to be 
 set out in the abstract. — Eds.
 
 ABSTRACTS OF TITLES. 51 
 
 it should at alLptimes be stated what rents, rates. Rates and 
 taxes, and other outgoings, and also what covenants taxes - 
 and conditions (if any) tho property is subject to, 
 or exempted from. 
 
 11. The Uses. 
 
 All limitations of uses should be explicitly given, „ 
 and, as near as may be, in the language of the 
 deeds. In the case of uses to bar dower this is 
 particularly important, since the forms frequently 
 differ, and instances have occurred where (according 
 to the opinions of some eminent conveyancers) the 
 latter have been insufficient for the purpose intended. 
 This is also necessary in order to shew that the 
 power of appointment, if exercised, has been exercised 
 properly. Where, however, the power has not been 
 exercised, or, by the death of the donee, has been 
 extinguished, the limitation of the uses may be 
 shortly abstracted. 
 
 With respect to limitations of the uses in marriage 
 settlements, these should be rather transcribed than 
 abstracted at all, especially if the remoter ones have 
 already taken, or are likely to take effect. But in 
 all cases, however, they should be so fully stated as 
 to shew — whether the trustees, to preserve con- 
 tingent remainders, took a sufficient, or a greater or 
 less estate than was necessary to support the sub- 
 sequent estates, — whether they are vested or con- 
 tingent, springing or shifting uses, — and, whether 
 the ultimate remainder or reversion was properly 
 barred, or let in by the same means as were used to 
 destroy it. 
 
 12. The Trusts. 
 
 All trusts to which the property is subject which Tiusts. 
 have been or are intended to be performed, as
 
 52 
 
 ABSTRACTS OF TITLES. 
 
 trusts for securing jointures or raising portions, for 
 sale, for exchange, and the like, must be so stated as 
 to shew by whose request, with whose consent, at 
 what time, under what circumstances, in what (if 
 any) particular manner, and for whose benefit, they 
 were or are to be executed. But when it is clear 
 that they have not or cannot be exercised, or are 
 not intended to be carried into effect, it will be 
 sufficient to state shortly that there are such trusts 
 in the deed. 
 
 Powers. 
 
 Provisoes, 
 &c. 
 
 13. TJie Powers. 
 
 Powers to direct or appoint the fee, or other estate 
 or interest, — to exchange, sell, or convey with the 
 consent of particular persons, or on the happening 
 of certain events, or with prescribed ceremonies, (a) 
 &c, must, when they have been exercised or executed, 
 be very fully set forth ; and when they are about to be 
 exercised or executed, they should be given verbatim, 
 as the validity of the title under them essentially 
 rests upon the manner and circumstances of their 
 execution. But such powers as certainly have 
 not been, and cannot be acted upon, or do not 
 affect the property in question, may be very briefly 
 noticed. 
 
 14. The Provisoes and Conditions. 
 
 Provisoes, conditions, defeazances, and all other 
 special clauses, inserted for the purpose of defeating, 
 qualifying, or abridging any particular estate or 
 interest created by the deed, must likewise be so 
 abstracted as to show whether they are precedent 
 
 (a) By 22 & 23 Vict. s. ] 2, special formalities in the execution 
 or attestation of a power of appointment by deed or writing 
 (but not by will), are dispensed with.
 
 ABSTRACTS OF TITLES. 53 
 
 or subsequent, and in what degree and to what 
 extent they may operate ; and by what mode they 
 may be discharged or avoided ; and if they have 
 been performed or satisfied, the material circum- 
 stances should also be stated, so that an opinion 
 may be formed whether the condition has been duly 
 discharged or performed, or not. (D'Eyncourt v. 
 Gregory, 1 Ch. D. 441.) 
 
 In abstracting provisoes for redemption, if the 
 mortgage money should be still due, it should be 
 mentioned by whom, and to whom, the money is 
 to be paid, and their representatives, at what (if 
 any) particular place, the amount, the rate of 
 interest, and the time of payment. But when the 
 money has been paid, they may be noticed shortly. 
 The clause for re-conveyance, and, if the mortgage 
 be by demise, for cesser and re-assignment of the 
 term, should, when to be acted upon, be also set 
 forth ; so as to shew upon what terms, and to whom 
 such re-conveyance or re-assignment is to be made. 
 
 And so, likewise, in abstracting a deed by which ^ . 
 a term has been created, it is necessary to state, not creating 
 only the purpose and object of its creation, and the a term - 
 event upon which, and the time from which it was 
 to commence, but also its ultimate destination, — as 
 cesser, re-assignment, or to attend the inheritance, 
 &c. ; as this is the only means counsel has of 
 ascertaining whether it ever arose or not, and, if 
 so, whether it be still outstanding ; and of advising 
 in that case as to the best mode of disposing of it. 
 
 In abstracts of leases it is very common to find p rov i so f OT 
 the proviso for re-entry merely noticed in these re-entry, 
 words, — " proviso for re-entry," or " proviso for re- 
 entry on breach of covenants, &c. ; " which is as 
 unsatisfactory as it is insignificant; for it rather 
 
 F
 
 54 
 
 ABSTBACTS OF TITLES. 
 
 Declara- 
 tions. 
 
 Declara- 
 tions to 
 bar dower. 
 
 Covenants. 
 
 raises than prevents inquiry upon one of the most 
 important clauses in the deed. This proviso must, 
 therefore, be abridged with more care, and the 
 times, the acts, or the events upon which the for- 
 feiture is to take place, clearly shown. 
 
 15. The Declarations. 
 
 All declarations for making trustees', assignees', 
 or executors' receipts, good discharges to persons 
 purchasing their trust property ; for exonerating 
 purchasers from the necessity of seeing to the appli- 
 cation, or being answerable for the mis-application 
 or non-application of the purchase money; fur in- 
 demnifying trustees, &c. ; may be abstracted very 
 concisely ; except where any trusts to which such 
 declarations may refer have been exercised, or a 
 change of trustees has taken place, or the like ; 
 when they may be more fully set forth. Declara- 
 tions to bar dower, however, should be set out in the 
 exact words of the deed, so that it may be seen 
 whether or not they are consistent with the 3 & 4 
 W. 4, c. 105, there being several different forms in 
 use. (See ante, p. 51.) 
 
 16. The Covenants. 
 
 The covenants are commonly stated merely by 
 their titles : and although, in cases where there are 
 but two parties to a deed, this may be sufficient; 
 yet it is better in all cases, and particularly when 
 there are several parties to it, to state by, and with 
 whom they are entered into, and what class of 
 representatives are bound by them ; so as to show 
 whether they are real or personal covenants, and, at 
 the same time, who are the parties entitled to sue 
 and to be sued upon them.
 
 ABSTRACTS OF TITLES. 
 
 55 
 
 Abstracts of covenants to levy fines and suffer Fines and 
 recoveries, should shew the parties by and between recoveries, 
 whom they were intended to be levied and suffered ; 
 the wife's assent thereto, if expressed, at whose 
 expense, and in what term they were to be levied or 
 suffered ; the description of fine or recovery to be 
 passed — as whether sur conuzance, &c, or sur concessit, 
 sur disseisin, &c. ; — and if any particular description 
 of the parcels to be comprised in them be adopted in 
 the covenants, such description should be set forth 
 in the abstract, in order that it might be seen that 
 these particulars agree with the assurances prepared 
 in pursuance of them, (a) 
 
 When the form of such covenants as are termed Usual 
 " usual covenants " differ from the language in covenants, 
 which they are ordinarily framed, as is sometimes - m ' lons 
 the case, such difference should be stated. 
 
 The usual covenants for title are now, by the 
 Conveyancing Act, 1881, sec. 7, included, without 
 special mention, in all conveyances subsequent to 
 that Act, such covenants varying according to the 
 expressed capacity of the conveying parties, as, e.g., 
 "beneficial owner," &c. (See ante, pp. 41 & 45.) Accord- 
 ingly, where any such deeds contain express cove- 
 nants, it may be presumed that they are inserted for 
 some special purpose, and should therefore be fully 
 abstracted or very carefully abridged. 
 
 And so, when the covenant for quiet enjoyment 
 contains any exception, as of a right of common, 
 a right of way, a right of fishing, &c. ; or when, 
 instead of being confined to the claims of the vendor 
 or mortgagor, and his heirs or representatives, and 
 persons claiming under him or them, it is made 
 
 (a) These fines and recoveries are now rarely found in titles. 
 
 F 2
 
 56 
 
 ABSTRACTS OF TITLES. 
 
 Covenant 
 against 
 incum- 
 brances. 
 
 Leases, &< . 
 
 Title deeds 
 
 Warranty 
 in feoff- 
 meats. 
 
 to extend to persons claiming through his ancestors 
 or other particular persons, or to the claims of all 
 other persons whatever, the distinction must he 
 shown. 
 
 The covenant against incumhrances should he 
 carefully examined ; and, if it contain (as it fre- 
 quently does) an exception at the end of it, whether 
 it be of an actual incumbrance, such as a mortgage, 
 judgment, etc., or of an outstanding interest, as a term, 
 a lease, &c, such exception must also he shown. 
 
 In ahstracting leases and titles to leasehold 
 property, every covenant should he strictly ex- 
 amined, and the essence of it carefully collected and 
 stated, so as that it may appear whether they are 
 onerous or hurdensome, — as when they recpiire large 
 fines to he paid for altering buildings, breaking up 
 pasture lands, &c, or particular acts to be performed 
 by the lessee for the lessor, gratis ; or restrictive, — 
 as when they require things not to be done, as not 
 to assign without licence, &c. The abstract of 
 covenants to repair, also, should shew whether the 
 property is to be kept in complete or only tenantable 
 repair. 
 
 As covenants to produce title deeds frequently 
 vary, as well in their language as their terms, the 
 substance of them, at least, should be stated ; and, 
 in strictness perhaps, the schedule should seldom be 
 abridged, but rather copied verbatim ; though this is 
 commonly disregarded. As, however, they are con- 
 structive notices of incumbrances, it may be prudent 
 to see, if possible, that they disclose none before the 
 abstract is delivered. 
 
 In feoffments a short clause of warranty is usually 
 introduced instead of covenants for title. This 
 should be abstracted so as to shew by whom and
 
 ABSTRACTS OF TITLES. 57 
 
 against whom the warranty extends. And it should 
 be shewn whether or not tho feoffee is an infant. 
 
 All short conveyances, pursuant to the 8 <fc 8 & 9 Vict. 
 Vict. c. 119, should be set out as nearly as may be c ' • 
 in the words of the Act itself. But in important 
 and recent cases, when brevity is not an object, the 
 testatum and covenants should be set out verbatim, 
 within inverted commas, in order that it may be 
 seen that they are in strict accordance with the form 
 prescribed by the Act. The provisions of this Act 
 were found to be practically useless, and it has been 
 formally repealed by the Conveyancing Act, 1881. 
 
 17. The Execution. 
 
 It should be particularly stated by whom the By whom 
 deeds are executed, when they are not signed by all executed. 
 the parties, in order that it may be seen whether 
 they have been executed by the necessary parties, (a) 
 otherwise it is sufficient to state that the deed has 
 been executed by all parties. And so when they 
 are executed by proxy, that circumstance should 
 also be mentioned ; thus — " executed by the said 
 A. B., by C. D. his attorney ; " or " by C. D. his 
 attorney thereunto lawfully authorized " (according 
 to the words adopted by the attorney, or used in the 
 attestation), (b) The power of attorney authorizing 
 the agent must, in these cases, be abstracted. 
 
 Any variation between the names of the parties 
 as appearing in the deed, and their signatures in the 
 execution, should be noticed. 
 
 (a) Conveyances containing declarations to bar dower, and 
 mortgages containing mutual declarations, are sometimes nob 
 executed by the purchaser or mortgagee. 
 
 (//) But see Conveyancing Act, 1881, s. 46, as to the necessity 
 of this for the future.
 
 58 
 
 ABSTRACTS OF TITLES. 
 
 Number of 
 witnesses. 
 
 Altera- 
 tions. 
 
 Power of 
 attorney to 
 execute. 
 
 Age, if 
 necessary, 
 of party. 
 
 Parties 
 
 executing 
 
 infirm. 
 
 18. The Attestation. 
 
 The attestations are, and, in general, may be 
 stated concisely ; but when deeds are required to be 
 attested by two or more witnesses, the number of 
 subscribing witnesses to each should be stated. So, 
 also, the attestation to deeds in exercise of powers 
 requiring a specific form of execution, prior to 23 
 & 24 Vict. c. 35, should be given verbatim (the 
 names and additions of the witnesses excepted) ; for 
 unless this be in conformity with the power, the 
 declaration to that effect in the deed itself is nuga- 
 tory and unavailing (but see ante, p. 52, note (a)). 
 
 If any alterations in the deed are mentioned in 
 the attestation, the latter should be copied ; but if 
 merely referred to, the parts referred to should be 
 extracted from the deed and shewn on the abstract. 
 
 Attestations to deeds executed by virtue of a 
 power of attorney, and shewing the fact (as they 
 ought) should be set out fully. (See ante, p. 57, 
 note (&)•) 
 
 So when deeds are executed by persons on attaining 
 a given age, the facts and times are to be recorded. 
 
 So when the attestations shew that either party 
 was deaf, blind, or under any other infirmity 
 requiring especial caution or care in regard to their 
 understanding or execution of deeds, such attesta- 
 tions should be set out fully. 
 
 The attestation of a will should always be stated. 
 
 19. The Receipt. 
 
 Receipt. This should be noticed, — not by stating, as is 
 
 usually done, that a " receipt for consideration money 
 is indorsed," — but so as that the sum expressed to 
 be received, and the party receiving it, may appear ;
 
 Lbstkacts of titles. 59 
 
 for it is material to shew that the receipt agrees 
 with the averment in the deed, in order to rebut a 
 j hi sumption of fraud, (a) 
 
 If the receipt should be incomplete either as to 
 execution, attestation, or otherwise, it should be 
 shewn in what respect it is so. And when they are 
 special, they should be copied. 
 
 20. Other Indorsements. 
 The purport of all other indorsements, — such as All other 
 
 indorse 
 ments. 
 
 commissioners' certificates of acknowledgment by ' 
 
 married women (b) — of payment of mortgage monies 
 when there has been no reconveyance, and to build- 
 ing societies, — memorandums of inrolment of deeds 
 and awards, — of registration, — livery of seisin, 
 schedules, or collateral agreements between the 
 parties, &c. — appearing on the deeds, should be 
 stated, and in cases of special matters copied ver- 
 batim. Copies of all plans indorsed on, and referred 
 to in the deeds, should be copied, and either accom- 
 pany or be inserted in the abstract. 
 
 It sometimes happens that memorandums of Cancel- 
 cancelment of deeds are found indorsed on them. ™ en . ° 
 Whenever they occur, they should be copied rather 
 than abstracted, so that their exact import and 
 effect might be rightly considered. 
 
 And memorandums of covenants to produce deeds Covenants 
 
 to produce 
 
 (n) In deeds made subsequently to Conveyancing Act, 1881, 
 this indorsement may probably be dispensed with. — Eds. 
 
 ('0 By sec. 7 of the Conveyancing Act, 1882, it is provided, 
 that, in deeds executed by married women subsequently to that 
 Act, an acknowledgment before one Commissioner only shall 
 be sufficient, and, that the indorsement of such acknowledgment 
 shall be sufficient evidence, without any separate certificate 
 being filed. 
 
 deeds.
 
 GO ABSTRACTS OF TITLES. 
 
 are still more frequently indorsed. These should 
 be mentioned in the abstract, as they afford notice 
 of such covenants to parties into whose hands the 
 deeds are passed, and sometimes disclose the exist- 
 ence of absent documents. 
 
 III. As to the Mode of Abstracting 
 
 PARTICULAR DOCUMENTS. 
 
 1. Of Wills. 
 
 The eminent conveyancer, Mr. Barton, used to 
 say that he could scarcely admit of a will being 
 abstracted at all, and strongly recommended it to 
 be copied instead, in order that counsel might have 
 an opportunity of judging by the context as well as 
 by the particular words of the devise or bequest. 
 
 To oppose such an authority as this, may appear 
 somewhat presumptuous ; but it is submitted with 
 confidence, that all wills, both ancient and modern, 
 may be more or less abridged without in the 
 slightest degree perverting the sense of their 
 subject-matter. 
 
 It is not uncommon to find in wills, especially in 
 wills of ancient date, a preamble dedicating the testa- 
 tors' souls to God,— expressing the soundness of 
 their minds, — the health or debility of their bodies, 
 — the sentiments they possess of the goodness of 
 Providence in giving them something to bestow, — 
 directing the place or manner of fcheif interment, — 
 charging their relations or executors to observe or 
 perform particular offices or duties towards their 
 willows and children, — directing the latter to be 
 made wards in Chancery, or appointing other guar- 
 dians of them, — giving small pecuniary legacies not
 
 ABSTRACTS OF TITLES. Gl 
 
 charged upon the property mentioned in the ab- 
 stract, and legacies of articles of household furniture, 
 apparel, A;c. — directing his debts to be paid at stated 
 times ; — or some one or more of these objects : all of 
 which, it must be confessed, have no necessary 
 connection with, or relation to the subject of the 
 abstract, and may therefore be safely omitted. And 
 again, the usual clauses for indemnifying trustees Trustees 
 and executors, for appointing new ones, for revoking clauses, 
 former wills, and other clauses, powers and trusts, 
 which have not been acted upon, and have neither 
 taken nor can take effect, it is also submitted may 
 be merely named or very briefly abstracted. 
 
 The omission of these different parts of the wills, 
 which a person of little experience may easily dis- 
 tinguish, how long soever or complex the wills 
 may be, will, however, effect a considerable saving 
 (especially when the documents are voluminous) to 
 the person furnishing the abstract, without in the 
 least degree hazarding his interest ; and an abridg- 
 ment accordingly ought, therefore, unhesitatingly 
 to be made. 
 
 All essential parts of wills, however, it is readily Doubtful 
 conceded, should be copiously given, and in this it or confused 
 is better to err on the side of redundance, — to tran- aD ' 
 6cribe those parts, but especially the residuary clause 
 and such as are in confused or dubious language, 
 literally, and, by means of inverted commas, to show 
 that such is the case, rather than risk any evil con- 
 sequence by curtailment. 
 
 But what may be deemed essential parts of a 
 will, depends entirely upon the manner in which 
 it affects the property to which the title is being 
 deduced ; for sometimes one part applies to it, and 
 sometimes another. Generally speaking, it may be
 
 62 ABSTRACTS OF TITLES. 
 
 said that such limitations, trusts, powers, and pro- 
 visoes, as have been acted upon, or are intended to 
 be executed or exercised, as well as all the declara- 
 tions and other clauses connected with them, are of 
 this description, (a) Thus, when property is speci- 
 fically devised to trustees upon trust for sale, not 
 only the actual devise, but also the trusts, and the 
 clauses declaring that the trustees' receipts should 
 be good discharges for the purchase-monies, and 
 exonerating purchasers from the necessity of seeing 
 to the application, and from liability for the mis- 
 application or non-application of them, are material 
 to the title, and must be stated, (fc) And so, also when 
 the property is sold for the payment of annuities, 
 legacies, debts, and the like, it should be stated. 
 Annuities. And whenever any doubts are entertained as to 
 the effect, operation, or exercise of any clauses, and 
 .particularly with respect to annuities affecting the 
 property, it is better to insert them at once than to 
 risk the necessity of their being afterwards called for. 
 
 (a) Mr. Preston says (with reference to the method of abstract- 
 ing wills), "that the points to be attended to, are to shew, to 
 whom the lands arc devised; the words used in description of 
 the lands ; the words of limitation by which the estate is 
 devised ; the power, if any, in pursuance of which the devise is 
 made ; the words of modification, or of severance of the tenancy, 
 if there be any ; the words of qualification which may abridge 
 or defeat the estate; the uses and trusts, if any are created ; the 
 conditions, or conditional limitations by way of executory devise, 
 or otherwise, annexed to thedeviseor appointment; the charges 
 imposed on the devisee; the indemnity, if any. against seeing to 
 the application of the purchase-money, or mortgage-money; 
 such powers, if any, as are material to the title : and when lease- 
 hold hinds are the subject of the title, the appointment of 
 executors." — Prest. Abst. p. 180. 
 
 (//) It has been thought desirable to leave the text here un- 
 altered, but by the regular practice of the Courts as well as by 
 din ei legislation (e.g.. C. A. 1S81, s. 3G), the trustee clauses have 
 been rendered practically unimportant. — Eds.
 
 ABSTRACTS OF TITLES. 
 
 G3 
 
 So codicils affecting the property to which the Codicils, 
 title is being deduced, should in like manner be set 
 forth. 
 
 In abstracting old wills, it is invariably necessary Old wills. 
 to mention whether they are attested by one, two, Number ol 
 
 J r- -i i witnesses. 
 
 or more witnesses ; for the statute of frauds makes 
 their efficacy, with respects to freeholds, to depend 
 entirely upon this distinction ; and the late Will 
 Act (1 & 2 Vict. c. 2G) makes their validity to 
 depend upon their being two witnesses under all 
 circumstances, subject however to the exception in 
 favour of soldiers in active service and sailors at sea 
 provided by sec. 11. So, also, when a devisee or 
 legatee is one of the subscribing witnesses, the fact 
 must be mentioned. 
 
 It is not requisite that wills, so far as they relate Probate of 
 to ordinary freehold property, should be proved : ^^"^j 
 consequently, it is unnecessary, even when they property. 
 have been proved, to mention the probate in the 
 abstract. But it is desirable that it should be men- 
 tioned in all cases, whether of freehold or leasehold 
 property, because it facilitates searches for the wills 
 and registers of the testators' deaths, of which they 
 are generally considered, in conveyancing, satis- 
 factory evidence. 
 
 Moreover, in the case of wills taking effect after 
 1881, all trust or mortgage estates of the testator 
 pass to his personal representatives, notwithstanding 
 any testamentary disposition to the contrary. Ac- 
 cordingly, when the title to any such estates is 
 involved, the abstract should contain a proper 
 mention of the probate, in order to shew the title 
 of the personal representatives to deal with them. 
 
 It should be stated who are the executors, in 
 what court the wills were proved, as well as the
 
 64 
 
 ABSTRACTS OF TITLES. 
 
 Give names 
 of execu- 
 tors. 
 
 Proceed- 
 ings to set 
 aside pro- 
 bate. 
 
 Root of 
 title and 
 will. 
 
 dates of the probates, and by whom they were 
 proved. And if they have not been proved, the 
 fact should be mentioned. And where wills relate 
 to lands lying in a Begister-county, the fact and 
 date of registry should be stated. 
 
 When any proceedings have been taken in the 
 ecclesiastical or other courts, to restrain the grant 
 of probate of, or to set aside any will material to 
 the title, or to have the estate administered by the 
 court, the fact should be stated and the decree or 
 order abstracted. 
 
 When the root or foundation of the title happens 
 to lie a will, the abstract should state (within 
 brackets) if it be the fact, that the testator was 
 then seised in fee : thus — " By Will of this date, 
 A. B. of, &c, Grocer, who was then seised to him 
 and his heirs in fee, of the Heredits hrinafter ment d ., 
 gave, &c." In the cases of wills of old date, the fact 
 of seisin would probably be presumed after a period 
 of twenty years, if the possession has been con- 
 sistent with it and the right unquestioned, or 
 rather, not disputed, but in every case some kind of 
 evidence of seisin is commonly required, (a) 
 
 Adminis- 
 tration. 
 
 2. Administrations. 
 It will be sufficient, in ordinary administrations, to 
 state the dates, to whom they were granted, by what 
 court, and the sum under which the effects ai - e sworn. 
 But in cases of special and limited administrations, 
 such as administrations durante minoritate, de bonis nan, 
 &c. — it is proper also to shew, when practicable, 
 the purposes for which they were granted ; which, in 
 most cases, can be collected from their contents. 
 
 (a) See Parr v. Lovearove, 4 Drew 17U.
 
 ABSTRACTS OF TITLES. 65 
 
 Letters of administration are sometimes recalled, Recall of 
 upon the finding of a will or the like. Whenever letters. 
 this is the case, and the will affects the title deduced, 
 it should be mentioned, and the will abstracted. 
 
 3. Descents. 
 
 These should he shewn by pedigrees (a) supported Pedigrees, 
 by certificates of marriages, births, and deaths, and p°^ e j' p 
 should be inserted in order of date. If certificates 
 cannot be procured (which, from the loss or imper- 
 fect state of registers, and other circumstances, is 
 sometimes the case), entries in the Eoyal College of 
 Arms, in the Navy office, as to seamen in Her 
 Majesty's service, — in family Bibles, or books, on 
 monuments, tombs, and grave stones, and the solemn 
 declarations of family solicitors, tenants, workmen, 
 and parties acquainted with circumstances and facts, 
 should be procured and set out in the abstract, (b) 
 
 Failure of issue should be proved by the statutory Issue, 
 declarations of persons who are members of, or em- 
 ployed by, or acquainted with the family, or by 
 facts or circumstances which go to refute the 
 supposition of their being any issue of the 
 particular ancestor ; and legitimacy, by a certificate 
 of the marriage of the parents, or other evidence 
 to establish their marriage relation. 
 
 4. Of Fines, (c) 
 
 Abstracts of fines should shew — the term in, or as Fines. 
 of which they are levied, — the particular description 
 
 (a) See Index, tit. " Pedigree." 
 
 (b) As to the evidential value of a statement of the date of 
 birth on a baptismal certificate, see In re Turner, 29 Ch. D. 985. 
 — Eds. 
 
 (c) These having been abolished, are now but seldom found 
 in modem titles.
 
 66 
 
 ABSTRACTS OF TITLES. 
 
 of fine, as whether it be sur conuzance dc droit, &c, or 
 sur concessit, &c. — whether, if it be of the former 
 kind, proclamations are indorsed pursuant to the 
 statute of non-claim — the cognizees or plaintiffs, 
 and cognizors or defendants, and — the parcels, if 
 abstracted, may be transcribed verbatim, particularly 
 as no change of the tense is required. 
 
 5. Of Recoveries, (a) 
 
 Recoveries. Exemplifications of recoveries are abstracted very 
 similar to fines. The term, the nature of the re- 
 covery, the demandant, the tenant to the praecipe, 
 the vouchers and the parcels should be set out as 
 before mentioned. 
 
 Acknow- 
 ledgements 
 by married 
 women. 
 
 6. Certificates of Acknowledgements by Married 
 Women. 
 
 These may be shortly abstracted. The mark or 
 letter on the deed should be stated for the sake of 
 identity with the official certificate. The commis- 
 sioners' names should also be stated, so that it may 
 be seen that they were duly qualified. (6) If the 
 deed be acknowledged by several persons, the names 
 of all should appear, and the dates of each acknow- 
 ledgment. 
 
 It is also proper when any provision is made for 
 the married women making the acknowledgment 
 in lieu of the estate to which the abstract refers, to 
 shew shortly, whenever it can be done, the nature 
 
 (a) See ante, p. 65, n. (r). 
 
 ('-) I5y the Conveyancing Act, 1882, sec. 7, only the name of one 
 Commissioner is required for this purpose, and an indorsement of 
 the acknowledgment on the deed is substituted for the official 
 certificate.
 
 ABSTRACTS OF TITLES. 67 
 
 of such provision, especially, if it bo a provision out 
 of that estate, which is sometimes made under 
 family settlements, a life estate, for instance, in- 
 stead of the wife's estate in fee. 
 
 7. Proceedings in Bankruptcy. 
 
 [It has been thought better to leave the text of 
 sees. 7 & 8 unaltered, but it is probable for the 
 future that they will have but little bearing upon 
 abstracts of title, owing to the length of time that 
 has now elapsed since most of the procedure to which 
 they refer, ceased to have any operation. Bank- 
 ruptcy proceedings are now regulated by the Act 
 of 1883, and it is conceived that for the future an 
 abstract of title need only shew the adjudication of 
 Bankruptcy, the appointment of the trustee, and any 
 dealings by the trustee with the property. — Eds.] 
 
 The bargains and sales, and assignments in 
 bankruptcy (a) are, of course, abstracted precisely 
 in the same manner as other deeds. The substance 
 of the recitals in them should be set out so as to 
 shew the commission, the trading, the petitioning 
 creditor's debt, the act of bankruptcy, the appoint- 
 ment of assignees, the sale by them, and, if made 
 under the direction of the court, the petition and 
 order for that purpose. 
 
 But it is necessary, under old fiats, to be particular 
 in stating in the abstract, not only the day on which 
 the party was declared bankrupt, but also the day 
 on which the act of bankruptcy was committed ; 
 because the vesting of the bankrupt's estate in the 
 commissioners, and the assignees' title, previously 
 
 (a) See ante, p. 65, n. (c).
 
 68 ABSTRACTS OF TITLES. 
 
 to the 1 & 2 Will. 4, c. 50, related solely to the 
 latter day ; and, as the deeds would be ineffectual if 
 dated prior to that event, so would the bankrupt's 
 wife be deprived of her dower if the marriage took 
 place subsequently to it, although the commission 
 had not then issued. 
 
 It should also be shewn that the bargain and 
 sales (a) have been duly inrolled ; for these, unlike 
 others, take effect from the time of inrolment, and 
 not from their dates ; so that it is very questionable 
 whether, if either of the assignees died before the 
 inrolment, the deeds would not be inoperative. 
 
 8. Insolvency. 
 
 In cases of insolvency prior to the 1 & 2 Vict. c. 110, 
 the conveyance and assignment to, and by the pro- 
 visional assignee, (a) must be abstracted, and the 
 time of presenting and filing the petition shewn. 
 But subsequently to the passing of that statute, by 
 which the provisional and general conveyances and 
 assignments are likewise abolished, the vesting order 
 and the ajipointment of tbe trade assignee must be 
 abstracted, and the dates carefully set out. 
 
 So in protection cases, (6) the petition, appoint- 
 ment of the trade assignee, and final order, should 
 be fully abstracted, as well as the resolutions of the 
 meeting of creditors, authorizing sales of that part 
 of the bankrupt's property to which the abstract 
 relates: Sidebothcmv. Barington, 4 Beav. 110; Wright 
 v. Maunder, ibid. 512. 
 
 (a) These are abolisbed by tho 1 & 2 "Will. 4,c. 5G (1831). 
 {b) See 5 & 6 Vict. c. 11G; 7 & 8 Vict. c. 96, and 10 & 11 
 Vict. c. 102.
 
 and Orders 
 of Court. 
 
 ABSTRACTS OF TITLES. 69 
 
 9. Decrees and Orders of Court. 
 
 Proceedings in any court affecting the titles Decrees 
 should he always carefully abstracted. They are 
 generally fully described in the recitals of some of 
 the deeds, 1 nit are not of easy access. In these cases 
 it is better to set out those recitals so far as they go, 
 than to abstract the documents themselves ; not 
 only because it is more difficult for beginners to 
 extract their essence with judgment and precision ; 
 but also because the material facts are much more 
 nicely connected in this, than they could be in any 
 other shape. 
 
 AY hen, however, a distinct form is necessary, the 
 documents must be copiously abstracted in the order 
 of their dates, and care always taken to mention the 
 names of parties, dates, and sums correctly, so as to 
 facilitate searches for, and references to the records, 
 if requisite, at any future period. 
 
 Certificates by the master or chief clerk of 
 approval of proceedings, &c, particularly in cases of 
 sales before them, should always be stated, as well 
 as the decrees or orders of court. 
 
 10. Judgments and other Charges. 
 
 Judgments, crown debts, lis pendens, annuities, Searches 
 and other similar charges, should be set out in the for J ud S" 
 abstract. In the case however of judgments, crown 
 debts, and lis pendens, the abstracts, practically, 
 need only show those which date five years back, in 
 the names of all persons who have been owners since 
 the last purchase or mortgage. And in no case will 
 it be necessaiy, practically to go back beyond the 
 last preceding sale or mortgage ; it being presumed 
 
 G
 
 70 ABSTRACTS OF TITLES. 
 
 that the then purchasers or mortgagees had satisfied 
 themselves on this point as to the antecedent period. 
 It seems, however, that in the Kegistries of York- 
 shire, Middlesex, and Ireland a stricter rule is 
 observed. 
 
 When searches have been made, the fact and 
 result should be stated. Certificates of search under 
 the Conveyancing Act, 1882, s. 2, should in future 
 be abstracted. 
 
 So where succession duties are payable, the fact 
 of payment or non-payment of these should be stated, 
 for they are charges upon the estate in respect of 
 which they are payable. 
 
 11. Acts of Parliament. 
 
 Acts of Par- In abstracting Acts of Parliament passed for 
 ment. private purpose (as for exchanging or inclosing 
 lands, &c.) operating as conveyances, their titles, as 
 well as the time of their passing and commencing, 
 should be mentioned. The particular clauses — 
 appointing the commissioners — authorizing them to 
 allot, inclose, or exchange, &c. — giving the lands 
 received the same qualities of title, and making 
 them subject to the same charges as those received 
 in exchange previously possessed or were subject to 
 at the time of making the award— giving wills 
 made previously the same force over the former as 
 they had over the latter — and also the saving clause, 
 should be rather fully set out, and, when they are 
 concise, or in dubious language, verbatim, (a) 
 
 (a) It is perhaps more usually the practice to give a short 
 reference in the abstract and send a copy of the Act. — Eds.
 
 ABSTRACTS OF TITLES. 71 
 
 12. Contracts and Conditions of Sale. 
 
 Although contracts or conditions of sale are but Contracts 
 ■very seldom introduced into abstracts of title ; an<1 con(ll ~ 
 
 i i -7i i • x- tions. 
 
 yet, when they are special, and contain exceptions 
 
 or restrictions affecting the title or the property 
 which do not appear elsewhere, an abstract can 
 hardly be complete without them ; and a pur- 
 chaser is, therefore, entitled to have it perfected, 
 at the vendor's expense, by their being properly 
 inserted. 
 
 They clearly have to be regarded in the perusal 
 of the abstract like other documents circumscribing 
 or charging the property to be conveyed; for they 
 generally contain reservations or restrictions affect- 
 ing it or the title, or impose some onerous obliga- 
 tions, especially with reference to easements. 
 
 Moreover, copies of these documents are rarely 
 treated as worthy of a place amongst the title deeds, 
 and are, therefore, liable to loss, however material. 
 This, therefore, is another reason for their being 
 abstracted, — to say nothing of the desirableness of 
 their being preserved, — in order to show that the 
 solicitor acting under them had not neglected his 
 duty by dispensing with evidence apparently 
 requisite but precluded by them, and also the reason 
 for its not being adduced, (a) 
 
 13. Registered Titles. 
 
 When a title has been registered under the Land Registra- 
 Registry Act, 25 & 26 Vict. c. 23, the abstract should tion - 
 
 (a) In practice a copy is always sent in these cases if there 
 is one in the vendor's possession. 
 
 G 2
 
 72 ABSTRACTS OF TITLES. 
 
 shew the subsisting state of the title by a copy of 
 the entries upon the . Eegister, without touching 
 upon its antecedent history. Sometimes, however, 
 these entries are so intimately connected with the 
 title prior to the registration, as to necessitate an 
 abstract of such prior title. 
 
 In regard to deeds in a Eegister-county, the 
 abstract should show the fact and the dates and 
 place of their registry. 
 
 Titlejdeedfl Title Deeds.']— Whenever any of the title deeds or 
 documents are know to be in the hands of third 
 parties — whether mortgagees, trustees or others, — it 
 is a good plan to state either in the margin or at the 
 foot of the abstract of each deed or document where 
 it is to be found and examined with the abstract ; 
 and it would be well to give the names and places 
 of business of the solicitors for the parties holding 
 them, if known, as that obviates inquiry, and, 
 consequently, saves time trouble and expense both 
 upon the particular occasion for which the abstract 
 is delivered, and for future occasions. When deeds 
 are, as they frequently are, in long titles, held 
 by different parties, all having their own solicitors, 
 the want of these statements causes, upon almost 
 every change of solicitor, a repetition of the inquiries, 
 which their presence would readily prevent. And 
 in cases of loss of any of the deeds, such entries 
 may also be of considerable service and impor- 
 tance. 
 
 Attested Attested Cojries.] — Abstracts are sometimes partly 
 
 copies. an( j sometimes wholly prepared from attested copies 
 
 of deeds ; the originals not being in the hands of the
 
 ABSTRACTS OF TITLES. 73 
 
 vendor. In these cases the facts should be mentioned 
 in the margins, (a) 
 
 Attested copies seldom show, as they ought, the 
 stamp on the original deeds. When this is not 
 the case, the stamps on modern deeds should, if 
 possible, be ascertained and shown on the abstract. 
 
 Fair Copy.] — The fair copy should be made in a 
 clear, good hand, and not, as it frequently is, in a 
 careless, slovenly manner; for this facilitates the 
 persual of it. 
 
 . Each sheet should contain ten folios, the same as a 
 brief sheet, the contractions being supposed to make 
 up the loss occasioned by the margins. Eight folios 
 'are allowed on taxation, or, in contested cases, the 
 abstract is counted throughout and apportioned 
 after this ratio, (b) Some abstracts are, by means 
 of loose writing alone, spread out to unwarrantable 
 lengths ; but this the conscientious practitioner takes 
 care to avoid. 
 
 Lost Deeds.] — If any deeds of less than forty Lost deeds, 
 years' date should be lost, evidence of the loss and 
 secondary evidence of their contents and execution, 
 should be procured and abstracted before the abstract 
 is considered complete. For this purpose copies 
 (attested or plain), drafts, extracts, and even entries 
 in a deceased solicitor's books, are admitted (see 
 Slcipwith v. Shirley, 11 Ves. 64) (as to the value of 
 recitals as evidence, see ante, p. 42). But the cir- 
 cumstances attending the loss of the originals — 
 such as destructions by fire, vermin, or the like — 
 
 (a) See post p. 103. < 
 
 (b) The old scale of 6s. 8d. for perusal of every three brief 
 6heets each has not been altered by the Solicitor's Kemivneration 
 Act, 1881. In re I'arher, 29 Ch. D. 199.
 
 74 
 
 ABSTRACTS OF TITLES. 
 
 Cancella- 
 tions, &c. 
 
 and the finding and custody of the secondary evi- 
 dence, should he mentioned. 
 
 Cancellations, &c.~\ — All cancellations, erasures, and 
 interlineations, of a material, but especially those of a 
 suspicious kind, as well as omissions and errors, or 
 supposed omissions and errors, appearing in any of 
 the deeds or documents abstracted and not duly 
 mentioned in the attestations, ought to be noticed 
 and counsel's attention drawn to them by concise 
 notes, either within brackets or in the margin, 
 when, and as they occur ; for they might be 
 important, and it may occasion him trouble and 
 embarrassment to refer back whilst he is forming, 
 or after he has formed his opinion, to the several 
 points of this nature which may happen to be 
 found. 
 
 Stamps. 
 
 On lost 
 deed. 
 
 Stamps.'] — The nature and amount of the stamps 
 to every modern deed, at least, should be particu- 
 larly noticed ; since it frequently happens that (in 
 consequence, perhaps, of the ambiguity of the stamp 
 act) deeds are very imperfect in this respect : and 
 whenever any defects of this kind appear, they should 
 be pointed out in the margin of the abstract for 
 counsel's observation whilst he is perusing the title. 
 It will be presumed, in the absence of special cir- 
 cumstances forbidding such a conclusion, that a lost 
 instrument, which has been duly executed, was also 
 duly stamped. 
 
 Length of 
 folios. 
 
 The Folios.'] — The length of the deeds of prior 
 date to the 33 & 34 Vict. c. 97, abolishing progres- 
 sive dulies, should likewise be noticed, and the 
 words counted whenever they appear to exceed the 
 prescribed number of folios ; lest the defect should
 
 ABSTRACTS OF TITLES. 75 
 
 be discovered when the abstract comes to ho 
 examined with the deeds, and expense and delay be 
 the consequence. To some, perhaps, this precaution 
 will, at first, seem unnecessary; but when it is 
 recollected how often the contents of deeds which 
 are already barely within the proper limit, are 
 heedlessly increased by the addition of numerous 
 attestations and other endorsements not pi-eviously 
 calculated, and what the consequence of an excess 
 would be, its utility must appear. 
 
 Perfection.'] — It cannot be too strongly repeated 
 that abstracts should in every case, be fully and most 
 correctly prepared in the first instance, and par- 
 ticularly before they are sent out or laid before 
 counsel ; for, since it must otherwise be made so on 
 examining it with the deeds by the opposite party, it Examina- 
 not only prevents expense, delay, and disappoint- tlon - 
 ment, but often places the title, though defective, in 
 a more favourable light before his counsel : whereas, 
 alterations and the absence of evidence, may have 
 the effect of giving quite a different impression 
 of it. But more than that, the vendor is, in 
 equity, liable to all the costs up to the time of its 
 being perfected. By the Conveyancing Act, 1881, 
 sec. 3, certain expenses connected with documents 
 not in a vendor's possession are thrown on the 
 purchaser, (a) 
 
 It should likewise be especially remembered, that, 
 
 (a) It seems, however, that a vendor must still bear the 
 expense of procuring and abstracting any deed not in his 
 possession, which forms a necessary part of the statutory forty 
 years' title, or such shorter title as may be fixed by express 
 stipulation. See In re Johnson and Tustin, 30 Ch. D. 42. As 
 to the production of a surveyor's certificate, see In re Moody 
 and Yale's Contract, 30 Ch. D. 34-1.— Eds.
 
 facts. 
 
 76 ABSTRACTS OF TITLES. 
 
 whatever fact, material to the title, is stated in the 
 abstract, must be borne out and authenticated by 
 Proof of proof, — not necessai-ily strict legal proof, but such 
 as conveyancers usually require (a); and that the 
 onus of such proof lies on the party deducing the 
 title. And whilst, on the one hand, it is right to 
 adduce all material evidence and every material fact, 
 it is, on the other, equally proper to avoid setting 
 out that which is irrelevant and unnecessary. 
 
 Examina- Examination.'] — Abstracts should also be very care- 
 
 tion 
 
 fully examined with the deeds before they are fair 
 copied ; but most especially so when examined on 
 behalf of purchasers or mortgagees. Upon these 
 occasions accuracy rather than time should be 
 regarded ; for hasty examinations generally lead 
 to unsatisfactory results. 
 
 The examinations, too, should never be entrusted 
 to inexperienced clerks, upon whom little reflection 
 could be cast if the task were imperfectly performed 
 and loss or difficulty ensued. But it should be 
 carried on either by the principals themselves or by 
 competent and trusty clerks, who feel the re- 
 sponsibility of, and are faithful and anxious in the 
 discharge of their duties. It is a useful plan to 
 number the deeds abstracted, and to put the corre- 
 sponding numbers on the fair copy of the abstract, 
 as it facilitates the examination of it with the title 
 deeds. 
 
 Deeds, Accompaniments.'] — Abstracts should not be sent to 
 
 maps, plans, c(mnse i till they have been properly examined with 
 
 the deeds ; and then they should be accompanied by 
 
 (a) See ante, pp. 34, G3.
 
 ABSTRACTS OF TITLES. 77 
 
 maps or plans, and (if not abstracted as before re- 
 commended), copies of the conditions of sale or con- 
 tract under which the property to which they refer 
 has been purchased; so that counsel may see if 
 there be any restrictions or stipulations respecting 
 the titles, and frame his opinion accordingly. By 
 this means much valuable time is saved ; and, the 
 evidence which can be insisted upon being pointed 
 out in the ( first instance, often prevents very much 
 after-trouble and expense. 
 
 It often happens, however, that no contracts are 
 prepared, especially in small matters. In these 
 cases it is proper, for the reason last stated, to give 
 counsel the same information as the contracts, and 
 other documents last referred to would, if prepared, 
 afford him ; embracing, if he is to prepare a deed as 
 well as to advise on the title, the name and addition 
 of the intended mortgagee and the amount of the 
 mortgage money ; or, if on a sale, the name of the 
 purchaser, and, if married before 1834, the names 
 of his wife, and of his trustee, with their proper 
 descriptions, in case it should be considered desirable 
 to convey the property to uses to bar dower. 
 
 These instructions should be given on a separate Instruc- 
 sheet. Indeed many practitioners uniformly send lon ' 
 their instructions in this form, and desire the opinions 
 to be written on the same sheet. And this, 
 certainly, seems to be the most convenient plan ; for 
 opinions can then, if desired, be kept from the 
 opposite solicitor (whilst the abstract is passing to 
 and fro) till the end of the business ; and if the 
 contract should ultimately be abandoned, the abstract 
 (which would be returned) might then be made to
 
 78 ABSTRACTS OF TITLES. 
 
 answer the same purpose for the vendor or mort- 
 gagor upon a future occasion, and save him the 
 expense of another copy. 
 
 We will now proceed to the forms, carefully 
 arranged for the purpose of exemplifying the plan 
 of preparing the abstracts according to the fore- 
 going instructions ; and in which, for the better 
 distinguishing of each part of the deed, the follow- 
 ing order has been observed with respect to the — 
 
 Margins. 
 
 1 Margin."] — In the first, or outer, left-hand margin, is to 
 
 be inserted — 
 
 The date of the Deeds and Documents, 
 abstracted, — 
 
 2 Margin.'] — The parties names, and descriptions. 
 
 The Testatum Clauses, 
 
 Powers, 
 
 Provisoes, 
 
 Conditions, 
 
 Declarations, 
 
 Agreements ; 
 
 Covenants — in Deeds of Covenant, 
 
 Indorsements, 
 
 Headings relative to each Property (") 
 
 Customs of Manors, 
 
 Certificates, 
 
 Statements ; — 
 
 "Warranty, 
 
 Livery of Seisin, 
 
 3 Margin.'] — The Recitals, — 
 
 Habendums ; — 
 
 4 Margin.] — Uses, 
 
 Trusts, 
 
 Charges, 
 
 Li rag Covenants ; — 
 
 fa) If short, they are placed centrally, as in p. 83.
 
 ABSTRACTS OF TITLES.. 
 
 79 
 
 5 Margin.'] — The Parcels, 
 
 Exceptions, and Reservations, 
 Execution, Receipts, 
 Probates, Attestations ; — 
 
 6 Margin.] — The General Words, 
 
 (a) Short Covenants. 
 
 These Margins will be better understood by means of 
 the following Table: — 
 
 First margin 
 The dates. 
 
 2nd The parties, &c. (as above). 
 
 3rd The Kecitals, &c. (as above). 
 4th The Uses, &c. (as above). 
 
 5th The Parcels, &c. 
 (as above). 
 
 Gth General 
 
 Words, &c. 
 (as above). 
 
 (a) This margin is not usually ruled or shown by a crease, 
 like the others, but clauses are so placed in the following forms 
 to show them.
 
 ( 80 ) 
 
 PART IV. 
 
 Many of the following deeds are antiquated in form, and 
 obsolete in practice, but as they may still occur in 
 abstracts, it has been thought well to leave them, 
 especially as they are more useful perhaps in shelving 
 examples of proper abstracting than deeds of a more 
 modem but more concise character. Some examples 
 of modern deeds and documents will be found under 
 subdivision No. 7 ', of the following Abstract, and in, 
 the Appendix. — Eds. 
 
 Relating to Titles to 
 
 1. Advowson and Glebe Lands. 
 
 2. Tithes. 
 
 3. Freeholds, through Marriage Settlements. 
 
 4. Copyholds — Enfranchisement. 
 
 5. Leaseholds. 
 
 6. Exchanges — of Freeholds. 
 
 7. To the whole. 
 
 Jlbstrnrt of the title of THOMAS NOAKES 
 of Cliff Hall in the Parish of Wake, Kent, 
 esq r . (a) to the Advowson, Rectory, or Parish 
 Church of Wake aforesaid, with the Glebe 
 
 %* The words within brackets throughout the forms may be 
 omitted when extreme conciseness is desired. 
 
 (a) Or, "of John Watts of Wake aforesaid, esq., and 
 ThomaB Hyde of the same place, merchant." 
 
 Add if so, " as Devisees L\ r trust for sale under the will of
 
 ABSTRACTS OF TITLES. 81 
 
 Lands thereto belonging ; AND ALSO to the 
 Tithes of the said Parish ; AND ALSO to a 
 
 Freehold Mansion, (a) outbuildings & offices 
 called " Cliff Hall " aforesaid, in his own 
 occupation ; — AND ALSO to a pew and vault 
 thereto belonging in the Parish Church of 
 Wake, aforesaid; — AND ALSO to a Freehold 
 Estate in the same Parish, containing alto- 
 gether by estimation about 865 acres, now in 
 the renting and occupation of John Hoare ; — 
 AND ALSO to Freehold and Leasehold 
 Hereditaments lately purchased by him and 
 and added thereto [and now forming part 
 thereof], namely, A Close of Freehold Meadow 
 or Pasture Land, with the Appurtenances, 
 heretofore called " Sharpe's," but now called 
 "Bell's," and containing by admeasurement 
 5a. Or. l^p. and in the occupation of Silas 
 
 Thomas Noakes, late of Cliff Hall, in the parish of Wake, 
 
 Kent, esq., deceased," — 
 
 Or, "as Trustees for sale under the marriage settlement 
 
 of Thomas Noakes, of Cliff Hall, in the parish of Wake, 
 
 Kent, esq." 
 
 Or, " as Mortgagee In trust for [or, with power of] sale." 
 
 Or, " as Trustee of the estate and effects of Thomas Noakes, 
 
 of Wake, Kent, merchant, a bankrupt." 
 Or, " of John Watts, of No. 30, Basinghall-street, London, as 
 official assignee of the estate and effects of Thomas Noakes, of 
 No. 12, Mark-lane, in the City of London, corn merchant, and 
 Thomas Hyde, of No. 10, Fenchurch-street, in the City of 
 London, merchant, the trade assignee thereof." 
 
 (a) Or, if Cojiyhold, say — " Copyhold Estate [or, Property, 
 or, Tenement] situated at Wake aforesaid, containing —a. — r. 
 — p. and held of the Lord of the Manor of Wake aforesaid for 
 the lives of Amos Blink, [aged 40 years] and Simon Bull, [aged 
 37 years] Subject to the widowhood of Mary Blink, aged 70 
 years, (as the case may be) and now in the occupation of Thomas 
 Trott [or, "or several occupations of William Winkle and 
 Samuel Weller."] 
 Or, if Leasehold, say — " A Leasehold estate, comprising
 
 82 ABSTRACTS OF TITLES. 
 
 Old (a) :— AND ALSO a Freehold (formerly 
 Copyhold) Messuage or Tenement, with the 
 Outhouses, Barns, Yard, Garden, and Heredita- 
 ments thereunto belonging, called " Crooks," 
 containing by estimation 6a. lr. 6p. and in 
 the occupation of George John White (6) : — 
 AND ALSO a Close of Leasehold Arable 
 Land, called " Jackson's," containing by esti- 
 mation about 2 Acres, situate at Wake afore- 
 said, and now in the Occupation of Giles 
 Pope, or his undertenant : all which premises 
 are in Mortgage to Messrs. Tegg, lies and 
 Co., for securing a Banking Account. (Or 
 subject to an ann y . &c. see ante, p. 37.) 
 
 %* See note (c) beloic. 
 
 about 190 acres, situate at Wake aforesaid, and now determin- 
 able with the lives of (naming titan as above), aged respectively 
 40 years and 37 years." 
 
 Or, "A Leasehold estate, situate at Wake aforesaid, and 
 held for the residue of a term of 99 years absolute — or, deter- 
 minable with the lives of (naming th m as above)." 
 
 (a) If so, And also to a Freehold Water Course and Gria 
 Mill, called " The Town Mill," with the stores, out-buildings, 
 and lands, comprising about 36 acres, thereunto belonging, 
 situate at Wake aforesaid, [and, if so, add — sold under a decree 
 of the High Court of Chancery], (or the CLancery Division of 
 the High Court of Justice). 
 
 (b) Short names (although some ridiculous ones) have been 
 used throughout purely for the Bake ofbrevity. 
 
 (c) In this space it is desirable, especially when the abstract 
 is long, to insert a reference to the different headings of the 
 several properties which are the subject of it : thus — 
 
 As to the Titles to Advowson and Glebe, p. 
 The Tithes, p. 
 Cliff Hall, p. 
 Sharpe's or Bells, p. 
 Crook's, p. 
 Jacksons, p. 
 
 The exchange of Crook's and Bell's, p, 
 The whole estate, p.
 
 TO ADVOWSON AKD GLEBE. 83 
 
 As TO THE ADVOWSON AND GLEBE, (o) 
 
 BY LETTERS PATENT (h) of this date, Her Majesty 16 May, 
 
 Queen Elizabeth, in consideration, of £ to her paid by 2g 8 pj iza . 
 
 Sir John Blair, knight, of Cliff Hall, aforesaid [situate and b g th J 
 being within Her Majesty's manor or lordship of Wake, Kent, 
 (c)] one of Her Majesty's most Honourable Privy Councillors, 
 and for other i;ood causes and considerations, Her Majesty 
 thereunto moving, gave and granted unto s d . Sir J. Blair, his 
 heirs and ass 8 . 
 
 ALL THAT the advowson, right of presentation, 
 collation, donation, patronage, and free disposition of, 
 and in, and to All That the Rectory (d) or Parish 
 Church of Wake afores d . 
 
 AND ALSO All Those the Glebe lands thereunto 
 belonging situate at Wake afores 3 . containing ■ — acres 
 (more or less) and then in the posson and occon of 
 A. B. the then incumbent of s d . Rectory or his under- 
 tenants, 
 
 TOGETHER with all rights, perquisites, privileges, 
 and appurtenances to s d . Rectory and Glebe lands, 
 respectively belonging or appertaining. 
 TO HOLD the same unto s d . Sir J. Blair, his heirs and 
 assigns. 
 
 TO THE ONLY USE [and behoof] of s d . Sir J. Blair, 
 his heirs and ass", [for ever.] 
 
 THE ROYAL SEAL [of Great Britain] affixed. 
 
 THE SAID Sir John Blair, knight, married Dame Cecil de 16 May, 
 Ros, spinster, the second daughter of Sir Thomas de Ros, I 586 - 
 
 (a) Although this heading is the first given above, it is better 
 to repeat it here, so that each part may be kept separate from 
 the others and be the more readily found. 
 
 (b) Or, if so, BY CHARTER. 
 
 (c) Words within brackets can be safely omitted throughout 
 the forms. 
 
 (d) Or, " Vicarage " — or, " Parsonage."
 
 84 ABSTRACTS OF TITLES. 
 
 Rear-adm 1 . of the Blue in Her Majesty's Navy, at the Parish 
 Church of Battle, Sussex. 
 CERTIFICATE of such marriage, (a) 
 19 June, PERCY, their son, was born at Cliff Hall, aforesaid. 
 CERTIFICATE of his Baptism, (a) 
 
 15-7. 
 
 7_Feb. BY DEED POLL of this date the s d . Sir John Blair, 
 
 1589. presented, [to the lord Bishop of Rochester,] the Rev d . Jonas 
 
 Speke, of Maidstone, Kent, clerk [in holy orders,] to 
 
 THE SAID Rectory (b) or Parish Church of Wake, 
 aforesaid. 
 
 TOGETHER with the Glebe lands— and appurts. 
 
 TO BE canonically inducted into the actual and corporal 
 possession thereof. 
 
 EXECUTED by s d . Sir J. Blair, and duly attested (c). 
 27 Sepr. THE SAID Percy Blair, married Joan Grant, of "\Valmer, 
 1612. Kent, widow of the Hon. and Rev d . George Grant, then late 
 
 of the Rectory at Walmer aforesaid, clerk in holy orders, at 
 
 the Parish Church, at Walmer aforesaid. 
 
 CERTIFICATE of such marriage, (a) 
 
 29 May, ERNEST, first son of Percy and Joan Blair, was born at Cliff 
 
 1624. Hall, aforesaid. 
 
 CERTIFICATE of his Baptism, (a) 
 
 23 Sepr. BY WILL of this date the s d . Sir John Blair, gave and 
 
 1625. devised unto his grandson s d . Ernest Blair (eldest son of his 
 (s d . Testator's) son Percy,) inter alia, 
 
 (a) Certificates and similar documents should be set out in 
 full, not only for the sake of clearness, but to shew hereafter 
 that such documents were actually in the possession of the 
 persoTi furnishing the abstract. If the vendor has not the 
 certificate in his possession, the fact should be stated in the 
 abstract, with, if possible, the place of death or marriage or 
 baptism, and thus a requisition will be avoided. — Eds. 
 
 (b) Or, '• Vicarage " — or, "Parsonage" (as the case may be). 
 
 (c) See index for variations as to sealing. 
 
 In order to avoid a repetition of these documents, it must be 
 assumed that they are regularly made throughout the title.
 
 TO ADVOWSON AND GLEBE. 85 
 
 THE ADVOWSON [Rectory or Parish Church,] of 
 Wake, aforesaid. 
 
 AND ALSO the Glebe lands thereunto belonging, 
 TOGETHER with all rights— appurts. &c. 
 
 TO HOLD the same unto and to the use of him s d . Ernest 
 Blair, his heirs and ass 8 , for ever, 
 
 AND s d . Testator appointed his s' 1 . son Percy, sole exor. of 
 his s d . will (a) ; which was 
 
 EXECUTED in the presence of, and attested by 3 
 witnesses. 
 
 PROVED in the Prerogative Court [of the Archbishop] 
 of Canterbury on the od of July, 1627. (h) 
 
 THE SAID Sir John Blair died at Cliff Hall aforesaid. 2 June, 
 
 1626. 
 CERTIFICATE of his burial at Wake aforesaid. (See note a, 
 
 p. 81.) 
 
 THE SAID Ernest Blair married Rosa Hastings, third io March, 
 daughter of Sir Win. Hastings, of Rochester, Bart., at St. 1648 
 George's Church, Hanover Square, London. 
 
 CERTIFICATE of such marriage. (See note a, p. 84.) 
 
 REGINALD their first son was born at No. 10, Berkeley 21 Aug;. 
 Square, London. 1649. 
 
 CERTIFICATE of his Baptism. (See note a, p. 84.) 
 
 THE SAID Sir Percy Blair, died. 
 
 CERTIFICATE of his burial. (See note a, p. 84.) J May, 
 
 REGINALD married Ruth Grey, only daughter of Adni 1 . 2 April, 
 Sir Thus. Grey, R.N., at Essex House, Dover, Kent. 1689. 
 
 CERTIFICATE of such marriage. (See note a, p. 84). 
 
 (a) In abstracts of wills relating to Real Estates only, it is 
 unnecessary, for the purposes of title, to insert this clause, unless 
 the property be in mortgage ; but it is always desirable to insert 
 it, in order to show the person holding the probate. (See too 
 p. 63. — Eds.) 
 
 (b) It is better to insert this date here instead of the margin, 
 as it does not there follow iu chronological order us to date.
 
 86 ABSTRACTS OF TITLES 
 
 14 May, ARTHUR their first son was bom at Dover. 
 1682. 
 
 CERTIFICATE of his Baptism. (See note a, p. 84.) 
 
 2 Deer. BY WILL of this date the s d . Sir Ernest Blair, gave and 
 1693. devised unto his son Reginald (inter alia) 
 
 ALL THAT the before abst d . advowsonand glebe land 
 with the appurts &c. 
 
 TO HOLD to him s d . Reg d . Blair, and his assigns during 
 his life, — with remainder — 
 
 UNTO and to the use of his (s d . Testator's) grandson, Arthur 
 Blair, (son of s a . Rtg d .) his heirs & ass 8 , for ever. 
 
 UPON CONDITION that he, s d . A. Blair, should take, 
 bear, and use the name and arms of his maternal ancestor, 
 Sir Tho 9 . De Ros. (See ante, p. 52). 
 
 EXECUTED in the presence of, and attested by 3 
 wit 3 . ; &c. 
 
 PROVED in the Prerogative Court of Canterbury on 
 the 9th of September, 1695. 
 
 5 October, 
 1694. 
 
 THE SAID Ernest Blair died. 
 
 CERTIFICATE of his burial. (See note a, p. 84.) 
 
 4 July, REGINALD BLAIR was created a Baronet on the 4th of 
 1705. July; 1705> 
 
 11 July, THE SAID Sir Reginald Blair, Bart., died. 
 1722. 
 
 CERTIFICATE of his burial. (See note a, p. 84.) 
 
 The following is the Pedigree of the Sir John Blair's family, 
 
 (ex parte paterna) so far as respects the before abstracted 
 
 premises. It is taken from the family pedigree now in tb 
 
 possession of Sir Arthur Blair, Bart, (a) 
 
 ' 
 
 (a) Of course neither the titles nor the pedigTees are ever 
 carried so far back as this for conveyancing purposes. This is 
 therefore given at length more by way of illustration, than for 
 its actual utility to the title.
 
 TO ADVOWSON AND GLEBE. 
 
 87 
 
 Sib John Blair = Dame Cecil de Ros 
 mar. 16 May, 1586 (a) I ob. 1619. 
 
 ob. 2 Juue, 1626 
 
 Percy = Joan Grant 
 
 nat. 19 June, 1587 
 
 mar. 27 Sep'. 1612 
 
 ob. 3 May, 1662 
 
 ob. 1649 
 
 3 daughters 
 
 Ernest = Rosa Hastings. 
 
 nat. 29 May, 1624 
 
 mar. 10 Mar. 1648 
 
 ob. 3 Oct. 1694 
 
 ob. 2 Mar. 1679. 
 
 Arthur 
 
 2 daughters 
 
 Reginald = Ruth Grey 
 
 nat. 21 Aug. 1649 
 
 mar. 2 April, 1669. 
 
 ob. 11 July, 1722 
 
 Arthur 
 nat. 14 May, 1682 
 
 ob. 2 Mar. 1699 
 
 4 daughters 
 
 Archibald 
 
 BY ROYAL LICENCE under seal and sign manual, of this 
 
 date, after 
 
 RECITING that s d . Sir A. Blair, then of Cliff Hall afores d . 
 Bar', a Major-gen 1 , in Her Majesty's service, and in the 
 commission of the peace for s d . county of Kent, the only 
 son and heir-at-law of s d . Sir Reginald Blair, then late of 
 the same place, Bar', by Ruth his wife ; who was the only 
 child of Sir Tho". Grey, a Rear-Adm 1 . in Her Majesty's 
 Navy, had, in, and by his petition humbly presented, shown 
 that Sir Ernest Blair, the paternal grandfather of him s d ., 
 Sir A. Blair, did, in and by his before abst d . will, give 
 and devise (inter alia) s d . abst d . premes unto him s d . Sir 
 
 1 Mav, 
 1723. 
 
 (a) It is often desirable and, in many cases, proper to give 
 here the dates of not only the deaths of the deceased parties, 
 but also their births and marriages, as well as to state them 
 separately afterwards ; because it facilitates the perusal of the 
 pedigree by avoiding further inquiry or reference respecting 
 them. The subsequent statements give additional information 
 although not, in all cases, so important) respecting the places 
 of births, marriages, and interments, in order that it may be 
 known where the registers of them are to be found. 
 
 H 2
 
 88 ABSTKxVCTS OF TITLES 
 
 A. Blair, in fee simple (a) as in and by such will 
 appears. 
 
 AND RECITING' that s d . will contained the following 
 clause — added to s d . devise — " Upon condition that he the 
 s d . Arthur Blair, shall take, bear, and use the name and 
 arms, of his maternal ancestor Sir Tho". De Ros. (b) 
 
 AND RECITING that s". Testator died on the 5th 
 of Oct. 1694, without altering or revoking his s d . will, and 
 the same was duly proved in the Prerogative Court of the 
 Archbishop of Canterbury on the 9th of September, 1(595; 
 whereupon s d . Sir Reginald Blair became entitled to the 
 rents and profits of (inter alia) s d . abst d . premises during 
 his life. 
 
 AND RECITING that s d . petitioner's mother died on 
 the 2d of March, 1G99. 
 
 AND RECITING that s d . Sir R. Blair s d . petitioner's 
 father died on the 11th of March, 1722. 
 
 AND RECITING that as the before mention" 1 , condi- 
 tion as to the assumption of the name and arms, was 
 binding on him s d . pet r . and from grateful respect to the 
 memory of his s d . grandfather, he was desirous of taking 
 and using the surname, and arms of De Ros. 
 
 IT IS WITNESSED that Royal Licence and Authority was 
 given aud granted unto him s d . Sir A. Blair, to take and 
 thenceforth use the surname of De Ros, only ; And also to 
 bear the arms of De Ros ; — such arms being first duly 
 exemplified according to the laws of arms and recorded in 
 the records office, otherwise s d . licence should be void. 
 
 By the following memorandum written and subscribed 
 
 to s d . licence it appears that such record was duly 
 
 made. 
 
 (a) If the devise be in tail, the uses should be shown in the 
 licence; but if they are set out in the abstract of the will, they 
 need not be referred to here, but referred to a8 — " in tail-male 
 as aforesaid," instead of "in fee " &e., as ahove. 
 
 ('<) The condition, when quoted verbatim in the Licence, 
 should likewise be copied here.
 
 TO ADVOWSON AND GLEBE. 80 
 
 " RECORDED in the College of Arms, London, pursuant 
 "to a warrant from the Earl Marshal of England, the 
 " 13 th day of July, 1723." 
 
 " Robert Hart, 
 "Superscribed George R." "Registiar." 
 
 BY INDENTURE (a) of Feoffment, of this date, made 1 May, 
 between the s d . Sir Arthur De Ros, then of Cliff Hall afs d ., 17ti9 - 
 Bar'., of the one (b) part, and Ralph Styles, of Hop Hall, 
 in the parish of Maidstone, Kent, merchant, of the other 
 part — 
 RECITING- the before abst d . letters patent. 
 
 AND RECITING (c) that s d . Styles had contracted 
 with s d . Sir A. De Ros, for the absolute purchase of s d . 
 abst d . premises, free from incumbrances, at the sum of 
 
 £ . 
 
 IT IS WITNESSED that s d . Sir A. De Ros, in considera- 
 tion of £ sterling, to him then paid by s d . Styles, Did 
 
 grant and enfeoff unto s d . Styles, and his heirs. 
 
 ALL THAT the s d . Advowson, Rectory, or Parish 
 Church, of Wake afores d . [then in the cure of 
 J. Bloggs.] 
 
 (a) Many persons preparing abstracts of title begin each deed 
 thus — " Indenture made " &c. ; and at the testatum, state " It 
 was witnessed." But this is manifestly an illogical— uot to say 
 ungrammatioal — mode of expressing it. Surely the present and 
 not the past tense ought to be employed ; for it is by the existing 
 deed or document so referred to that the intention and operation 
 of it is witnessed, and not by a by-gone deed or instrument. 
 Therefore it is proper to state (as here)—" By Indenture, of 
 this date made Sec. It is witnessed," &c. 
 
 (b) Figures are usually and properly used here for the 
 purpose of economising space, and of catching the eye on the 
 perusal of the abstract, as well as on subsequent references (and 
 they often necessarily occur) to the parties to the deed. What- 
 ever tends to distinguish the material parts of a deed, tends 
 also to lessen the labour of perusing the abstract. 
 
 (c) For the reasons given in the last note, it is proper to begin 
 the first line of long clauses in the next margin to the preceding 
 (proper) one as here shown.
 
 90 ABSTRACTS OF TITLES 
 
 TOGETHER with the Glebe lands, desc d . in the 
 before abstracted letters patent and which were then 
 in the occupation of George Fry. 
 TOGETHER also with all appurts &c. 
 AND all the Estate &c. (a) 
 AND the s a . letters patent, and all deeds &c. 
 TO HOLD the same unto s d . Styles and his heirs, 
 
 TO THE USE [and behoof] of s a . Styles, his heirs and 
 ass", [for ever]. 
 WARRANTY of s d . abst d . premes by s d . Sir A. De Ros,unto 
 and to the use of s d . Styles his heirs and ass", against himself, 
 his heirs and ass", the ancestors of him s d . Sir A. De Ros, 
 and all persons, claiming through, under, or in trust for 
 them respectively. 
 
 EXECUTED by s d . Sir A. De Ros, and attested by 
 3 witnesses, and 
 
 RECEIPT for £ endorsed, signed and wit- 
 nessed (b). 
 MEMORANDUM of livery of seizin by s d . Sir A. De Ros, 
 to s d . Styles, on 3d of May, 1739, endorsed, signed, and 
 witnessed. 
 
 1 April, BY DEED POLL of this date under the hand and seal (c) of 
 the s\ Ralph Styles, then of Hop Hall, afores d . s d . R. Styles 
 presented the Rev. John Jonas to 
 
 ALL THAT the next presentation rectory (d) and 
 parish church of Wake afores 11 . with the s d . glebe 
 lands, 
 
 TOGETHER with the appurts fee. 
 
 (a) It is usual and, in long abstracts, desirable to place two 
 of these short lines in one line; thus — 
 
 "Together with all appurts. &c. — An t d all the estate 
 &c." 
 (h) When the sentences are short, some of those words should 
 be written at length, so as to nearly fill up the line. 
 
 (V) The words — " under the hand and seal,"' may, if preferred, 
 be introduced here, instead of the words — "Executed by s d . 
 Styles and duly sealed and attested" at the end of the form 
 p. 84. 
 (<l) See note (b) p. 84.
 
 TO TITHES. 01 
 
 TO BE canonically inducted into the actual and coi-poral 
 possoii thereof. 
 
 26 March, 
 By WILL of this date the s d . Ralph Styles, gave and devised 1783. 
 unto his son Tho". (inter alia), 
 
 THE before abst*. Advowson and glebe land, 
 TOGETHER with all appurts. &c. 
 TO HOLD to his s d . son Thos. Styles, his heirs and ass*, 
 for ever. 
 
 AND s 4 . testator appointed his s' 1 . son sole executor, of his 
 s d . will, («) which was, 
 
 EXECUTED in the presence of and attested by 3 
 witnesses. 
 THE SAID Ralph Styles, died. 2 May, 
 
 THE last abst d . will was proved in the Prerogative Court of 1785. 
 %' , , 12 Deer., 
 
 Canterbury. 17g5 ' 
 
 As to the Tithes. 
 
 BY LETTERS PATENT, of this date, His Majesty Cha". 16 June, 
 the 1st, in conson of a bargain and sale of the manor of r? p 
 Leigh in the Parish of Dorking, Kent, afores*. by an Indrc 
 therein ment d . to be conveyed to him, his heirs and 
 successorSj 
 
 AND in consGn of £ sterling to him then paid by Sir 
 
 Antony Gibbs, Bar', then of Charlton Hall, "Wraxall, in the 
 Coy of Somerset, a General in His Majesty's army, and one 
 of His Majesty's privy councillors, and for divers other good 
 causes and consons, his s d . Maty, gave and granted unto s d . 
 Sir A. Gibbs and his heirs (b). 
 
 (a) See note (c) p. S4. 
 
 (b) If the manor or estate should also be the subject of the 
 abstract, here insert a full description of it, thus — 
 
 ALL THAT the manor or lordship of Wake aforesaid 
 
 AND all such courts, rights, and privileges as the then 
 late Prior of the Monastery of S l . John the Baptist at 
 Canterbury, or any person or persons in the same right, 
 by virtue of letters patent or otherwise, had held, used, 
 and enjoyed the same, 
 
 AND ALSO all that the Abbey of Brindon, situate 
 within s 4 . manor and then ruinated,
 
 92 ABSTRACTS OF TITLES 
 
 ALL THOSE the tithes, tenths, obligations, and 
 
 observations, yearly arising, occurring or coming from 
 
 the Parish of Wake, Kent, afores d ., with all Rights 
 
 whatsoever incident thereto. 
 
 TO HOLD the same unto s d . Sir A. Gibbs, and Dame 
 
 Maria his [espoused] wife and the heirs and ass*, of s d . 
 
 Sir A. Gibbs for ever. 
 
 IN chief knight-service, viz. by the tenth part of one 
 
 knight's fee, and paying yearly £ 
 
 THE ROYAL SEAL affixed. 
 
 Note. There does not appear to have been any dealings 
 whatever with respect to the Tithes from the year 1642, 
 down to the year 1(577 ; so that the intermediate right and 
 title to them must have passed by descent down to, and 
 become vested in Sir Hugh Gibbs, the great grandson and 
 heir-at-law, of Sir Antony Gibbs, of Charlton Hall, aforesaid, 
 the grantee thereof. 
 
 The fact of his being the direct lineal heir of the said 
 Sir Antony is also established by entries at the Royal College 
 of Arms, recording him as the legitimate possessor of the 
 family title by direct descent ; and also by the following 
 Pedigree, (ex parte paterna) which has been copied from one 
 
 AND all rights and privileges whats r . thereto belong- 
 ing or appertaining, 
 TO BE TAKEN AND HOLDEN of His s d . Majesty, his 
 heirs and successors, in fee and common socage, and not in 
 capite or by knight's service, as by an inquisition taken after 
 the death of Sir Thomas Hastings, Knight, and by another 
 inquisition taken after the death of the Earl of Shrewsbury, 
 a prior possessor thereof, the same appears to have been held 
 and enjoyed by them respectively. 
 
 %* The inquisitions relating to estates (like those referred to 
 in the last clause) taken in ancient times were very useful and 
 important for preserving and perpetuating evidence of the 
 rights and distinguishing the ownerships of the great land- 
 proprietors of the kingdom. And if a system of periodical 
 perambulations of property, like those in well-preserved manors, 
 with proper presentments by juries (summon* d for the purpose), 
 safely recorded, could now be generally adopted, at reasonable 
 . it would be the means of preventing many bitter feuds aud 
 ruinous proceedings.
 
 TO TITIIES. 
 
 93 
 
 in the possession of, and kept by his family. («) It is also 
 confirmed by different entries found in the family re 
 
 now likewise in his possession, of which the following are 
 copies : — 
 
 Sir Antony Gibbs = Dame Maria Conyers 
 ob. 1668 | ob. 
 
 Ralph = Lady Arabella Morton Anna = Ernest Blair 
 
 nut, 1640 
 
 mar. 1604 
 
 ob. 1683 
 
 ob. 1668 
 
 Geoffrey = Agnes Pitt 
 
 nat. 1666 Augusta 
 
 mar. 1689 ob. inf. 
 
 ob. 1699 
 
 ob. 1652 | ob. 
 S. P. 
 
 Joan = Sir Tho 8- Brown 
 
 I 
 S. P. 
 
 Hugh = Eva Ashley 
 
 nat. 1691 
 
 mar. 1725 
 
 ob. 1746 
 
 ob. 1739 
 
 Several 
 daughters 
 
 Albert = Joana Svkes. 
 
 nat. 1727 
 
 mar. 1752 
 
 ob. 1782 
 
 Hugh. 
 nat. 1754 
 
 ob. 1779 
 
 Robert = Grace Smith. 
 ob. | 
 3 children 
 
 Gertrude 
 ob. inf. 
 
 Tlie folloiving are the Extracts from the 
 Family Registers (b). 
 
 RALPH, first son of Sir Antony and Dame Maria Gibbs, was 19 Jany., 
 
 born at Charlton Hall, at 3 o'clock this morning. 164 °- 
 
 HE married Lady Arabella, eldest daughter of Cuthbert, and 3 Ju ^' 
 
 Lady Jane Morton, at St. George's Church, Hanover Square> 
 
 London. 
 
 GEOFFERY, son of Ralph and Lady Arabella, was born at 
 
 Charlton Hall, this Thursday morning, at 6 o'clock, a.m. 
 
 HE married Miss Agnes Pitt, second daughter of Rear-Adm 1 . 
 
 Pitt, R.N. at Walmer Church this day. 
 
 27 March, 
 1666. 
 
 9 Not., 
 1689. 
 
 (a) See note (a) p. 86. 
 
 (b) To be within inverted commas.
 
 9-4 ABSTRACTS OF TITLES 
 
 HUGH, son of Geoffery and Agnes, was born at 9 o'clock, 
 1 ''" 1 - this niurning. 
 
 3 Nov., SIR ANTONY died at Charlton Hall, this morning at 
 
 4 o'clock, a.m. in his "1st year. He was buried in the family 
 
 vault. 
 19 May, RALPH died at Cheltenham, a martyr to the gout, at 
 
 1 o*clock this afternoon. He was buried in the family vault 
 
 at Charlton Hall. 
 
 168 
 
 It appears by the records of the Court of Assize, held at 
 Maidstone in the year 1694, that the s d . Geoffery Gibbs, 
 (then Sir Geoffery), was convicted of treason-felony, and that 
 all his estates, including the before abst d . premises, were 
 forfeited to, and held by the Crown from that time till the 
 year 1699, when he died in the Tower of London, and his 
 estates were restored to his family by means of the following 
 Act of Parliament. 
 
 3 May, GEOFFERY, son of Ralph, died in the Tower of London. 
 
 1699. His remains were interred in the family vault. 
 
 10 Geo. L, BY AX ACT of PARLIAMENT, [passed in this Session] 
 17 &*■ intituled, " An Act for vesting the Estates of s d . Sir Geoffery 
 
 Gibbs, formerly of Charlton Hall afores d . 
 
 AND RECITING that a marriage had then been agreed 
 upon, (a) & was then intended to be shortly solemnized 
 between the s d . Sir Hugh Gibbs then of Charlton Hall, 
 af >res d ., son of Geoffery Gibbs, the great grandson, of s d . 
 Testator, with Eva Ashly, second daughter of the Honble 
 Ja". Ashly, a Co 1 , in His Majesty's Army. 
 
 IT IS ENACTED (inter alia) that— 
 
 THE SEVERAL messuages, lands, tenements & 
 hereditaments, situate at Wake afores d ., including s d . 
 abst d . premises, (& other property not the subject of 
 
 (n) Or, RECrrnra a settlement dated the — day of 17 — , 
 
 made on the marriage of 8 d . Hugh Hastings with Eva Ashley, 
 daughter &c.
 
 TO TITHES. 1)5 
 
 this abstract) & comprised in the schedule thereunder 
 written, 
 TOGETHER with their appurts &c. 
 
 AND all reserv" 8 . arid reversions &c. 
 
 SHOULD, from & after s d . int' 1 . man , be vested in 
 Thomas Spring, of the Inner Temple, London^ Esq. & 
 George Winter, of 5, New Square, Lincolns' Inn, London, 
 Esq. their heirs & ass 8 . 
 
 UPON TRUST & to the intent that s". Spring, & 
 Winter, or the survivour of them or the heirs or ass 9 , of 
 such surv r . did & should with all convenient speed, [by 
 ifidres of lease and release,] by & with the consent of s d . 
 Sir Hugh Gibbs, to be signified by his being a party to, 
 & executing such indre, which shall contain all usual 
 & proper clauses, provisoes, declarations, & agreements — 
 convey, settle, & assure (with other property hereinafter 
 abst d . (a)). 
 
 ALL the tithes, tenths, & oblous, both great & small* 
 arising renewing & increasing within the Parish of 
 W r ake aforesaid. 
 
 AND all rights whats'. incident thereto. 
 
 TO THE USE of s d . Sir Hugh Gibbs, & his ass 8 , during 
 his life, sans waste, with rem r . 
 
 TO THE USE of s d . Eva Ashley, & her ass 8 , during 
 her life, if she should survive him, sans waste, — And 
 after the determination of those Estates by any means in 
 their life time respectively. 
 
 TO THE USE of s d . Spring & Winter, & the snrv r . 
 of them his heirs & ass 8 , during the life of s' 1 . Sir Hugh 
 Gibbs, In trust to preserve contingent rem". — with 
 rem r . 
 
 TO THE USE & intent that s". Eva, his wife should 
 & might have a rent charge of £ per aim. payable 
 
 (a) This reference can bo mado whenever the parcels agree, 
 and brevity is desired.
 
 9G ABSTRACTS OF TITLES 
 
 half yearly out of s d . Estates, with usual powers of 
 distress & entry for the recovery thereof, — with rem'. 
 
 TO THE USE of John Grove, of the Middle Temple, 
 London, Ksq. & George White, of Gray's Inn, London, 
 Esq. their exors, admOrs and ass 8 , for the term of 500 
 years, 
 
 IX TRUST to raise portions for younger child", of s d . 
 Sir Hugh Gibbs, as therein ment d . and after the 
 expiration or sooner determination of the s d . term. 
 
 TO THE USE of the first & other son & sons of the 
 body of s d . Sir Hugh Gibbs, on the body of s d . Eva, his 
 wife lawfully to be begotten severally successively, & in 
 rem r ., in tail-male ; And in default of such issue — 
 
 TO THE USE of the right heirs of Ralph Gibbs, for 
 ever. 
 
 PASSED the 2d of August, 1724. 
 
 The schedule above referred to. 
 
 (Jhre it is to be inserted (a).) 
 
 [Continuation of Copies from the Family Registers.'} 
 I Jan., "HUGH married Miss Eva Ashley, 2nd daur. of the Hon. 
 
 Col. Ashley, at St. James's Church, at 11 o'clock this morn- 
 ing. There was a brilliant assembly upon the occasion. 
 4 Oct* ha, A , , n , | ;T gon of Hush and E wag born at Charlton Hall, at 
 2 o'clock this morning. Dr. Green, and Nurse White present. 
 
 J J . ane > ALBERT married Miss Joan Sykes, 2d daughter of Adm 1 . 
 
 John Sykes, R.N. at St. Mary's Church, Rochester. 
 26 Octbr., HUGH, his sou, was born at Charlton Hall, at 5 o'clock, this 
 
 morning, (Friday). Great rejoicing. Dr. Fork, Nurse Mary 
 
 Spoon, attended at the birth." 
 
 it.".'; 
 
 15 July, BY WILL, of this date, the s d . Sir Hugh Gibbs, (son of 
 ( reoffery,) '.rave & devised unto his son, Albert (inter alia) — 
 
 (a) This schedule is here omitted for the sake of brevity.
 
 TO TITHES. 97 
 
 ALL THOSE the tithes, or tenths, both great & 
 small, of the Parish of Wake aforesaid. 
 
 TO HOLD & enjoy the same during his life, — with 
 remainder. 
 
 TO THE USE of his (s<\ testator's) grandson Hugh, his 
 heirs, & ass 8 , for ever. 
 
 UPON CONDITION that, upon or before his marr . 
 he (s d . Hugh) should settle the same upon himself & 
 his wife for their respective lives, with rem r . to his 
 issue in tail-male, — with rem r . to his (s d . testator's) 
 right heirs for ever, pursuant to, & in accordance with 
 the before abstracted Act of Parliament. 
 
 AND s d . testator, appointed his s d . son sole executor of his 
 
 s 4 . will ; which, revoking all others, he declared to be his 
 
 last, (a) 
 
 EXECUTED in the pres c0 of, & att d by 3 wit". 
 
 THE TESTATOR died at Charlton Hall, aforesaid, leaving 19_Augt. 
 
 two sons Albert and Robert. 17oo. 
 
 PROBATE of his will was granted to s d executor by the 6 Decmbr., 
 Prerogative Court of Canterbury. i/oo. 
 
 ALBERT GIBBS died of Fever, at St. Leonards-on-sea. He 25 £P rU » 
 
 1782 
 was buried in the family vault. 
 
 SIR HUGH GIBBS, (the testator's grandson) died un- 5 Julv > 
 married & intestate, leaving Robert Gibbs, his uncle & 
 heir-at-law, [him surviving ;] who thereupon entered into 
 possession of his Estates, including the before abst d . preines. 
 
 The first entry which can be found of the receipt of the 
 tithes granted by the before abstracted letters patent, is 
 
 (a) The fact of express revocation should be shown, as it is 
 often of importance ; especially where there are several wills 
 and codicils, or testamentary papers ; for some of them may be 
 without date. 
 
 In the case of wills after 18:J7, it is important to state the 
 revocation of codicils; forsince 1 Vict. c. 26 a codicil does not, as 
 under theold law, stand or fall with the will to which it belongs, 
 and is not necessarily revoked by the revocation of such wilL 
 See Be Savage L. R. 2 P. & JM. 78. — Ens.
 
 175' 
 
 98 ABSTRACTS OF TITLES 
 
 contained in the steward's account, of which the follow- 
 ing is a copy; hut the entries have ever since been 
 regularly made. 
 
 £ s. d. 
 
 ■ ' RECEIVED for tithes, as per terrier, 214 16 8 
 
 21 Nov - „ „ „ («) 210 4 
 
 19 June, BY INDENTURE, of bargain and sale of this date, made 
 "**" between Sir Robert Gibbs, knight, of Rochester, Kent, a 
 
 General in Her Majesty's Service, (the uncle & heir-at-law of 
 s d . Sir Hugh Gibbs, Bart., who was the eldest son & heir-at- 
 law of s d . Sir Albert Gibbs, knight, by Joana his wife, who 
 was the son & heir-at-law, of s d . Sir Hugh Gibbs, by Eva, his 
 wife,) of the one part — & Joseph Styles, eldest son of s d . Tho'. 
 Styles, (1>) of Hop Hall, in the Parish of Wake, Kent, afores d . 
 Merchant of the other part. 
 
 RECITING the before abst d . Act of Pari', (p. 94). 
 AND RECITING; the last abst d . will [of s d Sir Hugh Gibbs.] 
 AND ALSO RECITING that s d . Sir Hugh Gibbs, the 
 tenant-in-tail, under the limitations, expressed in s d Act of 
 Pari', * also the right heir of s d . testator Sir Hugh Gibbs, 
 5 July, died intestate & unmarried, s d . Sir Rob'. Hastings, his uncle, 
 
 him surviving, and he thereupon became seised of & in s d . 
 abst d . pretties as his heir-at-law. 
 
 AND ALSO RECITING that s d . Styles had cont d . with 
 him s d . Sir R. Gibbs for the absolute purchase of s d . abst d . 
 pretties at £ 
 
 IT IS WITNESSED that in conson of £ to s". Sir R. 
 
 Gibbs then paid by s d . Styles, he s d . Sir R. Gibbs, did grant, 
 
 bargain, sell & release unto s d . Styles 
 
 (a) It would be manifest that this statement, as well as the 
 foregoing lineage, is entirely suppositious. They are given 
 thus briefly simply as an illustration (though, it must be con- 
 fessed, not a very satisfactory illustration) of the instructions, 
 but it is considered desirable, imperfect as it might be, to insert 
 it in this form rather than swell the size of the work beyond 
 its prescribed limits. 
 
 (//) In lun- ith-tructs it is useful to refer here to the page 
 where the first description of the party is to be found.
 
 TO FREEHOLDS. 99 
 
 ALL TEIOSE the tithes, tenths, ohlations & obven- 
 tions, both great & small, granted by the before abst d . 
 letters patent [of the 16th of June, 1042,] & comprise! 
 in or referred to by the last ment a . Act of Pari*. & 
 WUI [of s a . Sir Hugh Hastings] (pp. 94, 95.) 
 
 AND all fruits Sec. — And the revon &c. 
 
 AND all the Estate &c. And s d . letters patent, 
 
 evid". &c. 
 TO HOLD the same unto s d . Styles, his heirs & ass 8 . 
 
 TO THE ONLY USE of s d . Styles, his heirs & ass*, for 
 ever. 
 
 IN CHIEF knight-service, by one tenth part of one 
 knight's fee, & 
 
 Subject to the paym'. yearly of £ to His 
 
 then present Majesty, his heirs & successors, if 
 demanded : 
 
 EXECUTED by s\ Sir K. Gibbs,' & duly attested, 
 and 
 
 RECEIPT for £ end d , signed, & wit d . 
 
 As to the Estate called " CLIFF HALL," with 
 
 THE PEW AND VAULT THERETO BELONGING. 
 
 BY ARTICLES of Agreement [of this date] made between ,6 Jnne > 
 
 1800 
 Joseph Styles, of " Cliff Hall," aforesaid, (a), Esq., (eldest ' 
 
 son of s d . Tho\ Stiles,) of the first part ; Kuth Biles, (a Attested 
 minor of the age of 19 years, or thereabouts,) daughter of Copy. 
 Tho a . Biles, of No. 7, Cheapside, in the City of London, 
 merchant of the 2 d . part ; — and the s d . Tho\ Biles, of the 3 d . 
 part; Being articles executed previously to, & in con- 
 templation of a marriage then intended to be solemnized 
 between s d . Styles & Ruth Biles ; — 
 
 THE SAID J. Styles covenanted with s' ! . T. Byles,— 
 That, upon the solemnization of s d . intended marriage, & 
 
 (a) Although this description is given in the title, it is better 
 to repeat it here than refer to it, so that each part may be kept 
 distinct from the other.
 
 100 ABSTRACTS OF TITLES 
 
 upon his s d . intended wife attaining her age of 21 years, ho 
 would settle and assure, 
 
 ALL THAT .Mansion or Dwellinghouse, together 
 with the Offices & Outhouses thereunto belonging, 
 called " Cliff Hall ; " with the pew & vault thereto 
 belonging in the Parish Church, of Wake, aforesaid, 
 — And also All & singular the Farmhouse, Messu- 
 ages, Tenements, Outhouses, Buildings, Meadows, 
 Feedings, Pastures, Woods, Underwoods, Lands, 
 Franchises, Rights, Liberties, Commodities, Advan- 
 tages, Hereditaments, & other the Appurtenances 
 whatsoever thereunto belonging or in anywise 
 appertaining, situate in the Parish of Wake afore- 
 said, as the same was then in the occupation of 
 him s d . Styles & Samuel Stout, — 
 
 AND ALSO the s d . Advowson or Rectory, & 
 Parish Church of Wake aforesaid, & the Glebe 
 lands theunto belonging. 
 
 AND ALSO all the Tithes arising within the 
 Parish of Wake aforesaid. 
 
 AND all reversions, &c. — 
 
 AND all the estate, &c. — 
 
 [TO THE USES, upon the trusts, & for the intents 
 & purposes, & under & subject to the powers, provisoes, 
 & declarations following, viz.] 
 
 TO THE USE of s d . J. Styles, & his assigns, during 
 his natural life, sans waste : — And in case of the deter- 
 mination of that estate in his life-time, — 
 
 TO THE USE of two or more Trustees to be named 
 by s d . J. Styles, & their heirs, during his life, In trust, 
 nevertheless, for him s' 1 . J. Styles, & his Ass', during 
 his life, and to support contingent Remainders; — And 
 after his decease, — 
 
 TO THE USE & Intent to secure to his s d . intended 
 wife, if she should then be living, one Anny or clear
 
 TO FREEHOLDS. 101 
 
 yearly sum of £200 out of s' 1 . Hergdita [& PremSs], 
 payable quarterly during the remainder of her life, by 
 way of jointure, in lieu, bar & satisfaction of all dower 
 or thirds, at common law, or otherwise ; — with the 
 usual powers & remedies, for recovering the same when 
 in arrear ; — And subject thereto, — 
 
 TO THE USE of two or more Trustees to be named 
 by s d . J. Styles, their executors, administrators & 
 assigns, for the term of 500 years, to be computed from 
 the decease of s d . J. Styles, sans waste, for raising 
 portions for younger sons of s d . intended marr*. ; — And 
 subject thereto, — 
 
 TO THE USE of the first and other sons of s d . Ruth 
 Byles, by s d . J. Styles, to be lawfully begotten, severally 
 and successively in tail-male ; And for want of such 
 Issue, — 
 
 TO THE USE of all and every the daughter & dau". 
 of s d . R. Byles, by s d . J. Styles, lawfully to be begotten, 
 equally, as tenants in common, <& the heirs of their 
 respective bodies lawfully issuing ; And in case all such 
 dau". should die, or for want of such Issue, — 
 
 TO THE USE of s d . J. Styles, his heirs and assigns 
 for ever. — 
 AND it is by the now abstracting instrument further 
 agreed, that the settlem'. so to be made in pursuance thereof 
 should contain— the usual powers of leasing the premises there- 
 in comprised for 21 years, at the most improved rent, & with- 
 out fine ; — & for appointing new trustees, & for their indem- 
 nity; — &also all other Powers, Provisoes, Declarations,Clauses 
 & Agreements, as were usually inserted in Settlem". of a 
 like nature, & which counsel should advise in that behalf: — 
 
 EXECUTED by all s d . Parties, (by s d . R. Biles & T. 
 Biles, in the name of " Byles ") & att d . by 2 Wit'. 
 
 TEE SAID int d . Marr e . was solemn", at Wake afs". (a) 19 Junc » 
 
 1 AAA 
 
 CERTIFICATE thereof. (See note a, p. 84.) 
 (a) See note b, p. 109.
 
 102 ABSTRACTS OF TITLES 
 
 BY INDENTURES of Lease & Release [of these dates], 
 July, 1802. t h e Release made between the s d . Joseph Styles of the first 
 part, — The s' 1 . Ruth Biles, (by her then name of Ruth Styles, 
 — in the before abstracted articles named & spelt " Biles ") 
 of the 2 a . part —The s d . Tho 9 . Byles, of the 3 d . part ,— Tho\ 
 ' Batt, of No. 4, Leadenhall Street, in the City of London, 
 
 Merchant, & George May, of No. 4, Cornhill, in the same 
 City, Merchant, of the 4 th . part, — & James Finch, of Hanover 
 Square, in the Parish of St. George's & County of Middlesex, 
 Esq'., & George Dodd, of No. 14, Lombard Street, in s d . City 
 of London, Esq r . of the 5 th . part ; after — 
 
 l; 1 1CITING the last abstracted Articles [as or to the effect 
 before abstracted] ; — 
 
 AND RECITING, that s d . int d . Marr". (a) was solemn 4 , 
 soon after the execution of such Articles ;— 
 
 AND ALSO RECITING, that s d . R. Styles, had then 
 attained her age of 21 years ; — 
 
 IT IS WITNESSED, that in pursuance of s d . Articles, & as 
 well in consideration of s d . Marr ., & of the Fortune received 
 by s d . Styles, in Bight of his s d . Wife thereupon ; & for 
 making a Provision for her in case she should survive him, 
 & for the Issue of s d . Marr 6 ., as also in consideration of 10". 
 therein expressed to be paid to him by s d . T. Byles, — He s d . 
 Styles, (at the request of s d . T. Byles, — [testified as therein 
 mentioned (6),] Did grant, bargain, sell, alien, release & 
 confirm unto s d . Batt & May (in their actual possession then 
 being, ft*.), & to their heirs. 
 
 (a) Whenever any of the contractions used in the following 
 forme are not clearly understood by mere beginners, for whose 
 edification they are designed, they had better refer to corre- 
 sponding clauses in the preceding forms, where, it is most 
 probable, they will be found written at length, either in the 
 samo or a similar sense. 
 
 (/<) These four words rmiko the clause read more technically ; 
 but tin v may in all cases be safely omitted, for they really 
 alford no useful information.
 
 TO FREEHOLDS. 103 
 
 ALL THOSE the HerSdits & PremSs comprised in the 
 last abst d . Articles, by the particular description of — 
 
 ALL THAT Mansion or dwelling-house, with the 
 Offices, Stable, Coach-houses, Buildings, Yards & 
 Gardens, thunto belong*., called " Cliff Hall " afores' 1 . 
 then late in the Occupation of Thos. Styles, Esq*, or 
 his undertenants, & then of s d . Jos. Styles, together 
 with the Pew & Vault thereto belonging in the 
 Parish Church of Wake aforesaid ; 
 
 AND ALSO All that Messuage or Farm-house, 
 with the Offices, Stables, Barns, Granaries, Sheds, & 
 other Buildings, Yards, Bartons, Gardens, & Orchard, 
 or Paddock of Land thereunto belonging, called the 
 " Homestall ; "- 
 
 AND ALSO All those several Closes or Fields, (a) 
 Pieces or Parcels of Land called by the several Names, 
 
 6 containing the several Quantities following, viz. : — 
 One Close or Parcel of Pasture Land, lying at or near a 
 certain place then commonly called or known by the 
 name of "Flint Bottom," called "East-field," con- 
 taining by Estimation 9a. 2r. 7p. (more or less) : — 
 A Close of Arable Land, lying near the last-ment d . 
 Close, called "The Seven Acres," contain 8 , by ad- 
 measurement 6a. 3r. 23p. — Three Closes adjoin 6 ., 
 & c . & c . & c . Which s d . Messe, Farmhouse, Lands & 
 Heredits last ment d . were then in the Occon of s d . 
 Sam'. Stout, to whom the same were demised by s*. 
 Thos. Styles deceased, by Indre. bearing date the 
 25 th . March, 1787, from thenceforth for the Term of 
 
 7 years ; (b) 
 
 (a) Sometimes they are conveyed by reference to a schedule, 
 iu which case the schedule should he copied. 
 
 (b) If any part of the property described or referred to in the 
 deed should have been previously sold or inserted by mistake, 
 state in the margin opposite the description or reference Hint 
 " These heredits are not the subject of the abstract, they having 
 been sold some time since to A.B. and included iu this deed by 
 mistake." 
 
 I 2
 
 104 ABSTRACTS OF TITLES 
 
 AND ALSO the s d . Advowson, Rectory or Parish 
 Church of Wake aforesaid. 
 
 AND ALSO all the Tithes and Tenths, both great 
 and small, arising, renewing and increasing from, over 
 & upon s d . abst d . Premes or any of them & other the 
 Lands and Heredits within the s d . Manor or Lordship 
 of Wake aforesaid. 
 
 And all Houses, &". — and all Common-rights, &*. — 
 
 AND the Reversion, & c . 
 
 AND all the Estate, & c — 
 
 AND all Deeds, & c .— 
 
 TO HOLD the same unto s d . Batt & May, their Heirs & 
 Ass 8 , (subject to s d . [Indre of] Lease) — 
 
 [TO THE USES, upon the Trusts, & for the ends, in- 
 tents & purposes following, viz.] — 
 
 TO THE USE of s d . J. Styles, & his Ass"., during his 
 life, sans waste ; And in case of the determon of that 
 Estate in his lifetime, then — 
 
 TO THE USE of s d . Batt and May & their Heirs 
 during the life of s d . J. Styles, In trust nev-eless for s a . 
 Jos. Styles, & his Ass", [during his life] and to preserve 
 the contingent Rem". thlnaft r limited from being defeated 
 or destroyed ; And after the decease of s d . J. Styles, — ■ 
 
 TO THE USE, Intent & purpose that s d . Ruth 
 Styles, if then living, and her Ass", might have & re- 
 ceive yearly during her life, & to her & their own use & 
 benefit, out of the afores d . Heredits [& Premes] one 
 Annuity or clear annual sum of £200, by equal quarterly 
 Payments [on the 25 th . day of March, the 24 th . day of 
 June, the 29 th . day of September, & the 25 th . day of De- 
 cember in every year], " the first pay 1 , whereof, or a pro- 
 portionate part thereof, was to be made on such of the s d . 
 days as should next happen after the dec , of s d . J. Styles; 
 which said Anny was to be paid to and rec d . by s d . R. 
 Styles, in lieu, satisfaction and bar of all such Dower or 
 Thirds, or other Estate at Common Law or by Custom,
 
 TO FREEHOLDS. 105 
 
 which she otherwise might have claimed, in or out off all 
 or any of the Ileredits [& PremSs] which s d . Jos. Styles, 
 was or might be seised of or entitled to during the cover- 
 ture between them." (a) 
 
 POWER of Entey & Distress upon s\ Heredits [& 
 Premes] by s d . E. Styles, for the Recovery of s d . Sum accord- 
 ingly, in case the same should be unpaid for 21 Days after 
 the same should become due as afs d . ; — And after the dec , of 
 8*. R. Styles, and in the mean time subject thereto, — 
 
 TO THE USE of s d . Finch & Dodd, their Exors, 
 Admors, & Ass 9 , for the term of 500 years, to be com- 
 puted from the dec", of s d . Jos. Styles, sans waste ; And 
 subject thereto, 
 
 TO THE USE of the first Son of s d . Jos. Styles on 
 the body of his s d . Wife lawfully begotton, & the Heirs- 
 male of such son lawfully issuing ; — And in default of 
 such issue, — 
 
 TO THE USE of the second, & other Son & Sons of 
 s\ Jos. Styles, on the body of s d . R. Styles lawfully be- 
 gotten, & the Heirs-male of such Sons respectively law- 
 fully issuing, the eldest always to be preferred before 
 the younger of such Son & Sons ; — with Rem'. 
 
 TO THE USE of all & every the Dau r . & Dau". of s d . 
 Jos. Styles, on the body of s d . R. Styles lawfully be- 
 gotten, equally, as Tenants in Common, & the heirs of 
 their respective bodies lawfully issuing ;• — And in case 
 all such Dau rs . should die without leaving lawful issue, 
 or for want of such Issue, then, — 
 
 TO THE USE of the Heirs and Ass', of s\ Jos. Styles 
 for ever. 
 
 DECLARATION & Agreement, " That the s d . term of 500 
 
 (a) When, as in this case, the Wife died before the husband, 
 and the annuity is not raised, the words within inverted 
 commas may be entirely omitted.
 
 10G ABSTRACTS OF TITLES 
 
 hereinbefore limited in use to the s d . Jos. Finch & 
 Cn'<>. Podd. their Exors, AdmOrs, & Ass\ is so limited, Upon 
 Tbi St, & to, & for the ends, intents, & purposes, & under & 
 subject to the provisoes hereinafter declared or expressed 
 concerning the same, that is to say, Upon Trust, that in 
 case there shall be one or more Child or Child", of the s d . 
 ' Jos. Styles, on the body of the s a . Kuth Styles his wife to be 
 begotten, (other than & besides an eldest or only son,) they 
 the s d . J. Finch & G. Dodd, & the surv r . of them, & the 
 Exors, & Admors of such surv r ., & their & his Assigns, do 
 & shall, after the dec 6 , of the s a . Jos. Styles, and R. his 
 Wife, by Demise, Mortgage, or Sale or other disposition of 
 the several Messes, Lands, Ten". & Heredits. comp d . in the 
 s*. term of 500 years, levy & raise such sum or sums for the 
 Portion or Portions of such Child or Children as are next 
 hereinafter ment d . (that is to say,) — in case there shall be 
 but one such Child, — the sum of £3,000, of lawful money of 
 Great Britain, for the Portion of such Child (whether son or 
 dau r .) ; & in case there shall be two such younger children 
 &■ no more (whether sons or dau".), then, the sum of £5,000» 
 of such lawful money, for the portion of such two child". ; — 
 and in case there shall be three or more such younger child"., 
 (whe r . sons or dau".,) then, the sum of £9,000, of like lawful 
 money, for the portions of such three or more children ; 
 which s d . sum or sums so to be raised for the portions of such 
 younger child or child*, shall be paid & payable, & become a 
 vested Interest in such child or children resply, or in or to 
 any one or more of them, exclusively of the other or others, 
 of them, or in or to his, her, or their Issue, at & upon such 
 ages, days, or times, & in such shares & proportions, & 
 subject to such charges, provisoes, condCns, & limons over, to, 
 among, or in favor of any one or more or other or others 
 of them, & in such manner and form in all respects as 
 the s d . Jos. Styles, at any one, or more time or times, & 
 from one time to time, by any deed or deeds, or writing 
 or writings to be by him sealed & delivered in the presence 
 of & attested by two or more credible witnesses, or by 
 his last Will and Test', in writing to be signed & publ 4 . 
 by him in the pres". of & attested by three or more credible
 
 TO FREEHOLDS 107 
 
 Wit"., shall, either abs y . or with or without power of Revo- 
 cation & new appointment, direct or appoint ; — And in 
 default of such direction or appointm*., then in tbubt 
 to pay, apply, or dispose of the s d . sum of t.".,(.)()0, unto such 
 you*, child, or (as the case may be) the s' 1 . sum of £5,000, or 
 £9,000, between or amongst such you*, children, share & 
 share alike; such portion, or respective portions, or shares, 
 to be & become a vested interest, or vested interests, & be 
 paid & payable to him and them respectively, at the 
 times following, that is to say, the share or shares of sin h of 
 them as shall be a son or sons, at his or their age, or re- 
 spective ages of 21 years; & the share or shares of such of 
 them as should be a daughter or dau r3 ., iu her or them, at 
 her or their age, or resp'ive ages of 21 years, or day or 
 resp'ive days of Marriage, whichsoever shall first happen, & 
 to be paid to him, her, or them resp'ly, at the same age or 
 times, in case the same shall happen after the dec c . of the 
 snrv r . of them the s d . Jos. Styles & Ruth his wife; but in 
 case any of such you*, child"., being a son or sons, shall 
 attain his or their age, or resp'ive ages of 21 years, or being 
 a dau r . or dau*\, shall attain that age or be married in the 
 life-time of them the s d . Jos. Styles & Ruth his wife, or of 
 the surv*. of them, then the pay', of his, her, or their share 
 or shares shall be postponed until after the decease of the 
 surv*. of them the s d . Jos. Styles, & R. his wife, unless they 
 the s d . Jos. Styles, and R. his wife jointly during their lives, 
 or the surv r . of them, after the dec e . of the other of them, 
 shall, by any writing under their, his, or her Hands & Seals, 
 or Hand & Seal, direct the same or any part thereof to be 
 sooner raised & paid; And in case any or either of the s d . 
 sums or any part thereof shall be so raised in the life-time 
 of the s d . R, Styles, then the same shall be raised— subject in 
 all respects to the Annuity, or annual sum of £200 BO 
 limited to or In Trust for the s d R. Styles, as hereii 
 is ment d . " — 
 
 PROVISO for cesser of the term on Performance of the 
 
 trust ; — 
 
 PROVISO for suvivorship between the younger children ;-
 
 108 ABSTRACTS OF TITLES 
 
 PROVISION for their Maintenance and Education until 
 they should resp'ly attain [the age of] 21 [years] ; — 
 
 POWER for the Trustees to raise any part not exceeding 
 one third of the presumptive Portions of such younger 
 children for their advancement ; — 
 
 POWER of leasing all, or part of s d . Heredits [& Premes] 
 for any term not exceeding 21 years, at the most improved 
 Rents, & without Premium or Fine ; — 
 
 PROVISO & Declox & Agreement, (a) "That in case 
 the s d . Trustees or any or either of them, or any other 
 Trustee or Trustees to be appointed, under these Presents, in 
 their or his stead, should die, or become incapable or un- 
 willing to act in the afs d . Trusts, before the same shall be 
 fully executed & performed, then & so often as the same 
 shall happen, it shall & may be lawful for the s d . Jos. Styles 
 & Ruth his Wife, and the Surv r . of them, & after their dec'., 
 for the s d . Trustees, or the Surv r . of them, & for the last or 
 only acting Trustees or Trustee for the time being under 
 these Presents, or his Exors or Admors, by any Deed or 
 Writing under their, his, or her Hands & Seals or Hand & 
 Seal to be attested by two or more credible witnesses, to 
 nominate & appoint any fit person or psons to supply the 
 place or places of the Trustee or Trustees resply so dying, or 
 becoming incapable or unwilling to act as afs d . ; and that 
 unmed*. after every such Apptrn\, the s d . Trust-estates, 
 Monies, & Premes, shall be forthwith conveyed, assigned, & 
 transferred, so & in such manner as that the same shall vest 
 in such new Trustee or Trustees jointly with the surviving 
 or continuing Trustee or Trustees, or in such new Trustee or 
 Trustees solely, as the case shall or may require, subject to 
 the aforesaid Trusts ; and that such new Trustee or Trustees 
 shall exercise all >.v singular the powers & authorities hinbef. 
 ment d . in the same manner to all Intents & Purposes whats'. 
 as if he or they had been originally appointed a Trustee or 
 Trustees by these Presents in the stead of him or them in 
 whose place or places he or they shall be so substituted : " — 
 
 (a) This clause is concisely abstracted, post, p. 118.
 
 TO FREEHOLDS. 109 
 
 PROVISO for the reimbursement of Trustees, & for the 
 indemnity of Trustees & Persons paying them Monies under 
 the aforesaid Trusts, — 
 
 COVENANT by s 4 . Jos. Styles, for himself, bis Heirs, 
 ExOrs, & Admors, with s d . Batt & May their Exors, 
 Adrnors, & Ass"., — That he was lawfully seised, — 
 Had full power to convey, in manner afs' 1 ., 
 For peaceable enjoyment, — 
 
 Free from Incurub 08 ., except by s d . Iiidre of 
 Lease, (a) 
 For Further Assurance ; — 
 
 EXECUTED by all Part 8 ., & att d . by 2 witn'. 
 
 John, Son of J. & R. Styles, was born at Wake, (b) 17 April, 
 
 CERTIFICATE of his Baptism at Wake afores". (b) (See 180L 
 note a, p. 84.) 
 
 Robert — second Son of s d . Jos. & R. Styles, was born. 3 October, 
 
 CERTIFICATE of his baptism. (See note a, p. 8-1.) 1802 - 
 
 Ann — Daughter of Jos. and R. Styles, was born. 7 January, 
 
 CERTIFICATE of her Baptism. (See note a, p. 84.) 1804. 
 
 THE SAID Tho 9 . Batt died. 19 Aug., 
 CERTIFICATE of his burial at, & c . (6) (See note a, p. 84.) 
 
 1802. 
 
 BY INDENTURES of Lease & Release [of these dates,] 5 & 6 Sept., 
 — (endorsed on the last abst d . Sett'.,— the Rele made between 1802. 
 —The s d . George May, of the first part,— The s d . Jos. Styles Attested 
 & Ruth his wife, of the 2 d . part, & Rob'. Drew, of No. 12 Copies- 
 
 Pall-Mall, in s d . Co y . of Middlesex, Esq r ., of the 3 d . part, 
 
 after 
 
 RECITING, that in & by the last abst d . Settlem'. it was 
 declared & agreed, — That, &c. (stating the power precisely 
 as in the last page) ; — 
 
 (a) If it be of a deed previously abstracted, say, "the before 
 ab8tr d . Indre of the day of , 17— (p.—)" 
 
 (b) It is desirable that it should be stated, when practicable, 
 where the births occurred, and in what place these registers 
 can be found.
 
 110 ABSTRACTS OF TITLES 
 
 AND RECITING the Death of s d . Batt :— 
 
 AND ALSO RECITING, that s d . Styles & Wife had 
 chosen s d . Drew to he a Trustee of s d . Sett', in the Stead 
 of s d . Batt — 
 
 IT IS WITNESSED, that, by virtue & in exercise of the 
 Power or Authority _ r iven or reserved to them s d . Jos. Styles 
 & [R. his] Wife for that purpose by the before abst d . Sett'., 
 They s d . Jos. Styles & [R. his] Wife by the nowabst d . I nil re, 
 1 »'nl nominate, substitute, & appoint the s d . Drew to act in, 
 & execute in conjunction with s d . May the sev 1 . Trusts so 
 reposed in them Batt & May in & by s d . abst d . Sett', as afs a . ; — • 
 
 AND IT IS ALSO WITN D ., that for the purpose of 
 vesting the Messes, Lands, & Heredits hereinafter ment d . in 
 s d . Drew jointly with s d . May, & in pursu". & for the 
 purposes of s d . abst a . Sett*. ; — And in cofison of 10 s . to s d . 
 May paid by s d . Drew, HEs d . May by the dirCn & apptm'. of 
 s d . Jos. Styles & [R. his] Wife, [testified as thin ment d .,] 
 Dm bargain, sell, & release, relinquish, & quit claim unto s d . 
 Drew (in his actual posson &c.,) & to his Heirs, — 
 
 " ALL & Singular the Messes, Lands, Ten'"., Advow- 
 son, Pew, Vault, Tithes & Heredits, whatsoever 
 comprised in the within written Ifidre " (being the 
 before abst d . Settlement,) "& granted & released, or 
 otherwise conveyed or assured unto, or vested in them 
 s d . T. Batt & G. May by the s d . Ifidre of Sett'. ; "— 
 
 Tog', with all Houses, — Appurts, &c. — 
 
 And the Reversion, &c. — 
 
 And all the Estate, &c. — 
 
 TO HOLD the same unto s d . Drew, & his Heirs, — 
 
 TO THE USE of s d . May & Drew, & their Heirs, Upon 
 & for such & the same Intents cK; Purposes, & under & 
 subject to the same Powers, Provisoes, Declons, & 
 Agreem"., as were cont d . or decl d . in s d . abst d . Settlem*., 
 or such & so many of them as were then subsisting & 
 en] able of taking effect ; So & in such manner, & for the 
 Intent & Purpose, that they s d . May & Drew, & the
 
 TO FREEHOLDS. 
 
 Ill 
 
 Survivor of them, & the Heirs of such Surv*., & their 
 
 or his Ass 8 ., might be enabled to perform & execute [all 
 & every] the Trusts, & exercise the same Powers & 
 Autho". in all things as if their names had been originally 
 inserted jointly in s d . abst d . Settl'. ; — 
 
 " SIGNED, SEALED, & DELIVERED by the S d . JOS. 
 
 Styles & Ruth his wife, in the presence, of" — 2 
 
 Wit'. & 
 
 EXECUTED by s a . Drew & duly attested. 
 Thomas, third Son of s d . Jos. & Ruth Styles, was born. 
 CERTIFICATE of his Baptism. (See note a, p. 84.) 
 THE SAID Ruth Styles died. 
 CERTIFICATE of her burial. (See note a, p. 84.) 
 THE SAID Ann Styles, Dau r . of said Jos. & Ruth Styles, 
 died. — 
 CERTIFICATE of her burial. (See note a, p. 84.) 
 
 9 Februarr 
 1805. 
 
 8 Octobi r, 
 
 1806. 
 
 .lune, 
 1807. 
 
 BY INDENTURE of Bargain & Sale [of this date], made 10 May, 
 between — the s d . George May & Rob'. Drew, of the first part, 
 —The s d . Joseph Styles of the 2 d . part,— The s d . John Styles 
 of the 3 d . part,— Tho". Sims, of No. G, Chancery Lane, 
 London, Gent", of the 4 th . part,— & Rob'. Lock, of, &c. Gent", 
 of the 5 th part ; — after 
 
 RECITING the before abst d . Articles (p. 99), & Settle- 
 ment (p. 102); (a) 
 
 AND RECITING, that s d . John Styles was the eldest 
 son of s d . Jos. Styles by s d . Ruth Styles, who had some 
 time then since departed this life; — 
 
 AND ALSO RECITING that s d . John Styles having 
 then lately attained his age of 21 years, & that a Marr*. 
 having then been agreed upon by him, he [s d . John Stj les] 
 was desirous of suffering a common Recovery of s' 1 . Heredits 
 
 (a) This reference should be to the page where the date of 
 the deed appears; but the references to other parts of the Died 
 should be to the page where each particular part is tu be 
 found.
 
 112 ABSTRACTS OF TITLES 
 
 [& Premes] for the purpose of destroying all Estates-tail 
 therein, & all Remainders & Reversions thereupon expect- 
 ant, & all Conditions & collateral Limitations — affecting 
 the same premises, & also for the purpose of settling s*. 
 Heredits [& Premes] upon his intended Wife & the Issue 
 (if any) of s d . int d . Marr e . & that s d . Jos. Styles had there- 
 fore, at the request of him s d . John Styles, agreed to concur 
 in such assurance ; — 
 
 IT IS WITNESSED, that for the purpose of destroying all 
 Estates-tail of & in s d . Heredits [& Premes], & all Rem". & 
 Revons expect', thupon, & all Condons & collateral Limons 
 (if any) affecting the same, & also for conveying & assuring 
 the same Heredits [& Premes] to, upon, & for the Uses, 
 Trusts, Intents & purposes thereinafter exp d . concerning the 
 same ; — And in conson of 10s. to s d . May & Drew p d . by said 
 Sims, They s d . May & Drew at the request & by the diron as 
 well of s d . Jos. Styles as of s d . John Styles [testified as 
 therein ment d .] Did grant, bargain, sell, alien & release: — 
 And s d . Jos. Styles, & John Styles in conson of 10s. to each 
 of them also paid by s d . Sims, Did & each of them did grant, 
 bargain, sell, alien, release & confirm, unto s d . Sims (in his 
 actual posson then being &c), & to his Heirs, 
 
 THE Parcels desc d . in the before abst d . Indres of the 
 22 d & 23 d July, 1802 (p. 102) ;— 
 
 ToG r . with all Houses, &c. — Commons & Rights of 
 Com"., &c. — 
 
 And the Reversion, &c. — 
 
 And all the Estate, &c. — 
 
 TO HOLD the same unto & to the use of s d . Sims, & his 
 Heirs. — 
 
 TO THE INTENT that he [s d . Sims] might become a 
 perfect Tenant of the immediate Freehold of b d . Heredits 
 [and Premes] in order & to the end that ooe or more 
 [good &] perfect common Recovery or Recov 8 . with 
 double or more voucher or vouchers might forthwith be 
 Buffd. th.-f:— 
 
 DECLARATION & Agreement, that it should bo lawful
 
 TO FREEHOLDS. 113 
 
 for s d . Lock or some other person as Demandant, before the 
 end of the then present Hilary Term, or in some subsequent 
 Term, to sue forth & prosecute againt s d . Sims one or more 
 Writ or Writs of entry sur disseisin en le post, thereby de- 
 manding s d . Heredits [& Premes] against s d . Sims (by the 
 particular description, if one be given in the Deed, if not) by 
 such apt Names & descriptions as should be sufficient to 
 comprise and pass the same, according to the usual course in 
 such cases : — 
 
 DECLARATION & Agreement, that such Recovery or 
 Recov 8 . when perfected, & all other common Recovery & 
 Recov 8 ., & other insur'ces in the Law whats'., theretofore, or to 
 be thereafter suffered & executed of s d . Heredits [& Premes], 
 or any part thereof, by or between s d . part 8 , to the now abst 8 . 
 Ifidre, or any or either of them, should Be & Enure, — 
 
 TO THE USE & behoof of s d . Sims, his Heirs & Ass 1 ., 
 for ever : — 
 EXECUTED by all the parties, & duly att*. & 
 
 1NROLLED in [His Majesty's High Court of] 
 Chancery, on the 23 d . May, 1822.— Roll 320. (a) 
 
 EXEMPLIFICATION of a Common Recovery [sur disseisin, gjj ary 
 
 &c. (6)], wherein s d . Lock was Demandant, — s d . Sims Tenant, Term. 
 
 — & s d . Jos. Styles first Vouchee,— & s d . John Styles second 2 Geo. IV. 
 Vouchee, of, — 
 
 FOUR Messes, 20 Outhouses, 10 Stables, 10 Coach- 
 houses, 2 Pews, 2 Vaults, 5 Granaries, 10 Yards, 10 
 Bartons, 10 Gardens, 4 Orchards, 4 Paddocks, 200 
 Acres of Land, 200 Acres of Arable, 200 Acres of 
 Meadow, & 200 Acres of Pasture, 150 Acres of Down, 
 & 150 Acres of Furze and Heath, 150 Acres of Glebe 
 
 (a) Or, " Inrolled in the Court of Common Pleas at West- 
 minster, in Hil. Term. 52 Geo. III.— Roll 840." 
 
 Or, if the lands are situate in a register county, " Registered 
 in the Register Office of the county of Middlesex, on the 31st 
 day of January, 1812. — Book 4. p. 12." 
 
 (b) Or " of a Recovery sur connusance, &o.
 
 114 ABSTRACTS OF TITLES 
 
 Land, with the Appurts; And also Common of 
 Pasture for all manner of Cattle, in the parish of Wake, 
 in Kent. And also the Advowson of the Rectory, or 
 Parish Church of Wake aforesaid — And also all 
 Tithes, Oblations, & Ohventions, causing and renewing 
 within the Manor or Lordship of Wake aforesaid. 
 
 11 & 12 BY INDENTURES of Lease & Release [of these dates], 
 Jan., 1827. the latter made bet". — The said Tho s . Sims of the l 8t part, — 
 The said John Styles of the 2 nd part, — John Bird, of Chelten- 
 ham, in the Co y . of Gloucester, Esq., of the 3 d . part, — Lucy 
 Bird, of the same place, Spinster (Dau r . of s d . J. Bird,) of the 
 4 th part— Wm. Wise and Tho 8 . Dark, both of, &c. (a), Esq", 
 of the 5 th . part,— & the Rev d . Cha". Read, of, &c, Clerk, & 
 Philip Bragg, of, &c, Gent n ., of the C th part, — after 
 
 RECITING the before abst d . Articles (p. 99) & Settlem*. 
 (p. 102); 
 
 AND RECITING, that s d . Jos. Styles had issue by s a . 
 Ruth Styles, dec d ., namely, s d . John Styles, Rob'. Styles, 
 Ann Styles, dec d . and Tho 8 . Styles ; — 
 
 AND ALSO RECITING the last two abst d . Indres 
 (pp. 109, 111), & Recovery (p. 113) ; 
 
 AND ALSO RECITING, that a Marriage was then 
 intended to be shortly had & solemn d . between s d . John 
 Styles & Lucy Bird, & that upon the treaty for such Marr% 
 it was agreed that the Heredits [& Premes] therein [& here- 
 inafter] descr d ., should be settled, To the Uses, upon the 
 Trusts, & for the Intents and Purposes hereinafter 
 mentioned ; 
 
 IT IS WITNESSED, that in consOn of 10s. to said Sims 
 paid by s' 1 . Wise and Dark, at the request of s d . John Styles, 
 He' 3 d . Sims, by the diron of said John Styles [testified as 
 therein ment d .] Did grant, bargain, sell, alien & release: — 
 
 (a) As the giving of parties' additions will tend to increase 
 the .size of this work without answering any good purpose, they 
 will be designedly omitted, except in cases where it may seem 
 desirable to state them.
 
 TO FREEHOLDS. 115 
 
 In s d . John Styles, as well as in conson of B d . int d . Marr". 
 as also [of the sum] of £10,000 agreed to be paid by s' 1 . John 
 Bird to s d . John Styles upon the solem". thereof, as the Man -0 . 
 Portion of s d . L. Bird; And for making a provision for 
 her, s d . L. Bird, in case s d . int d . Marr'. should take effect, & 
 for the issue (if any) of such Marr'., — He s d . John Styles 
 Did grant, bavg n ., sell, alien, release & confirm, unto s d . Wise 
 & Dark (in their actual posson then being, &c), & to their 
 Heirs and Ass 8 ., — 
 
 THE Parcels comp d . in the last abst d . Iiidre, 
 (p. Ill) (a) 
 
 ToG r . with all Houses, &c. — Common, & Rights of 
 Com ., &c. 
 
 And the Reversions, &c. 
 And all the Estate, &c. 
 TO HOLD the same unto s d . Wise & Dark, & their 
 Heirs, — 
 
 [TO THE USES, upon the Trusts, & for the Several 
 intents & Purposes, & under & subject to the sev 1 . 
 Provisoes, Limons, Declons, & Agreern' 5 . following, viz.] 
 TO THE USE of s d . John Styles, & his Heirs, until 
 s d . int d . Marr e . should take effect ;— And after the 
 solemn", thereof, — 
 
 TO THE USE of s d . John Styles, and his Ass'., during 
 his life, sans waste ; — And in case of the determou of 
 that Estate in his life-time, then, — 
 
 TO THK USE of them s d . Wise & Dark, and their 
 Heirs, during the life of s d . John Styles, In TRUST to 
 preserve the conting'. Rem", thinafter lim d . [from being 
 defeated or dest d .] but neveless to permit [& suffer] s d . 
 John Styles, and his Ass\, to receive [& take] the Rents 
 and Profits of s d . Heredits [& Premes] during his life ; 
 And after his dec 6 ., then, — 
 
 (a) If there should have been any change of occupancy in 
 the meantime, add— "which were then in the ocou of A.B.' 
 or. u partly in the occon of s d . J. Styles and partly of A.B."
 
 116 ABSTRACTS OF TITLES 
 
 TO THE USE, intent & purpose, that, in case s d . 
 Lucy Bird should survive him [s d . John Styles], she s d . 
 Lucy Bird, and her Ass'., should [& might], after his 
 dec 6 ., have & receive to her own use, one annual Sum, or 
 yearly Pient-charge of £500, during her life ; Which 
 sum was to be issuing out of, & charged, & chargeable 
 upon s d . Heredits [& Premes] & payable to her [s d . L. 
 Bird] & her Ass*, by equal quarterly pay 18 . &c. [Here 
 read mutatis mutandis, as in a similar clause, ante, 
 p. 104.] 
 
 POWER of Entry & Distress by s d . Lucy Bird, & her 
 Ass 8 ., for the recovery of s d . Sum accord", in case the same 
 should be in arrear for 21 days after it should become due as 
 afs d . ; And subject thereto, — 
 
 TO THE USE of s d . Bead & Bragg, their Exors, 
 Admors, and Ass 8 ., for the term of 500 years, to be 
 computed from the dec 6 , of s d . John Styles, sans waste ; 
 and subject thereto, & to the before ment d . term of 500 
 years (p. 105),- — 
 
 TO THE USE of the first, or only Son of the body of 
 s d . John Styles on the body of his s d . int d . Wife 
 lawfully begotten, & the Heirs-male of such Son lawfully 
 issuing ; — And in default of such Issue, — 
 
 TO THE USE of the 2 d ., 3 d ., 4 th . & all & every other 
 Son & Sons of the body of s d . John Styles on the body of 
 his s d .int d . wife lawfully begotten, severally, succes y .& in 
 Bern', as they should be in seniority of age [and priority of 
 birth], & the respive Heirs-male of the bodies of such 
 Sons lawfully issuing ; — And in default of such Issue, — 
 
 TO THE USE of all & every the Dau r . & Dau". of 
 s d . John Styles on the body of his s d . int d . wife lawfully 
 begotten, equally, as Tenants in Common, & the several 
 Heirs of their respive bodies lawfully issuing; — But if 
 there should be but one such Dau r ., then — 
 
 TO THE USE of such only Dau r . & the Heirs of her 
 body lawfully issuing : — And if there should be more
 
 TO FREEHOLDS. 1 1 7 
 
 than one, & any or cither of them should happen to die 
 without leaving lawful Issue of his or their rgspive 
 
 bodies, then as well as to her or their original as acci 
 share or shares, — 
 
 TO THE USE of the Surv". or Surv r . of such Dau r . 
 or Dan", if more than one, equally, as Tenants in 
 Common, & the respive Heirs of their bodies lawfully 
 issuing ; — And if [there should be] but one, then, — 
 
 TO THE USE of such only surviving Dau r . & the 
 Heirs of her body lawfully issuing ; — And in default of 
 ' such Issue, — 
 
 TO THE USE of such person or psons, for such 
 Estate or Estates, Interest or Int". & for such Ends 
 Intents, & Purposes, & upon such Trusts, & charged, & 
 chargeable in such manner, and subject to such Powers 
 of Revocon, & new Apptm'. & other Powers, Provisoes, 
 Declons, & Agree 43 , as s'\ John Styles from time to time, 
 &■ at any time or times, should by any Deed or Deeds, 
 Writing or Writings with or without Power of Revocon, 
 by him sealed &delivered in the presence of, & attested 
 by two or more credible Witnesses, or by his last Will 
 & Pes', in writing, or any Codicil or Codicils thereto by 
 him signed, sealed & published in the presence of, & 
 attested by three or more credible Witn". should from 
 time to time limit, direct, or appoint cive or devise the 
 same; And for want of & until such Limdn, Diron, or 
 Apptm'. Gift or Devise, & as to so much <te such parts 
 of s d . Heredit". [& Premes] whereof no such Limon, 
 Diron, or Apptm'., Gift or Devise, should be effectually 
 made, & in case any such could not be made, then, 
 subject thereto, & when & 'so often as the Estates or 
 Interests thereby limited should resply determine, 
 
 TO THE USE of s' 1 . John Styles, his Heirs & Ass'. 
 for ever : " 
 
 DECLARATION, that s d . term of 500 years, created by the 
 now abst s . Ifidre, was so limited to s.' 1 Head & Bragg, Upon 
 Trust for raising portions for the younger Child", of s' 1 . int''. 
 Marriage ; 
 
 K
 
 US ABSTRACTS OF TITLES 
 
 PROVISO, that such Portions should be vested Interests 
 in the you r . Sons of s d . int d . Marre e . at [the age of] 21 [years], 
 & in Dau". at that age or day of Man"., whichs r . should first 
 happen ; but that the same should not be paid till after the 
 decease of s' 1 . John Styles & his s d . int d . Wife, unless they, 
 or the Surv'. of them should direct the same to be sooner 
 raised & paid; 
 
 PROVISO for Survivorship between such younger 
 Children ; 
 
 PROVISION for their Mainten". & EducOn until they 
 should resplvely come of age ; 
 
 POWER for the Trustees to raise & pay any part not ex- 
 ceeding -£ d of their presump". Portions for their Advancem'. ; 
 
 PROVISO, that the Sums so advanced should be consid d . 
 as part of the Portions of the Children for whom they should 
 be resplvely raised ; 
 
 PROVISO, that sums adv d . to such Child", by s d . John 
 Styles should be consid d . as part of their Portions. 
 
 PROVISO for Cesser of the last ment d . Term when the 
 Trusts thereof should be fully performed : 
 
 COVENANT by s d . John Styles, to keep down the 
 Int'. of Sums raised by Mortgage for Child"'. Portions, 
 in case of a deficiency in the Rents of s d . [Heredits &] 
 Premes ; 
 
 GENERAL POWER of leasing [all or any part of s d . 
 Heredits [& Pres] for any Term not exceed 6 . 21 years, at the 
 most hup d . Rents, & with'. Premium or Fine :] 
 
 GENERAL POWER of exchanging [all or any part of 
 
 the Mime Prem€s for other estates of greater value, & for 
 
 settling the same To the Uses, upon the Trusts & for the 
 
 A' Purposes afs d .] with an Indemnity to persons 
 
 malting SU ch exchange ; 
 
 l'i AVER of Appointment of New Trustees [with a clause 
 for their Indemnity & [for the indem y .] of persons paying 
 them Monies under the afs d . Trusts];
 
 TO FREEHOLDS. 119 
 
 COVENANT by b* John Styles, for himself, his 
 Heirs, ExOrs, & AdmCrs, with s' 1 . Wise & Dark, their 
 
 Exors, Admors, & Ass"., — That lie & s' 1 . Sims were, 
 or one of them was, lawfully seised, — 
 
 Had full power to convey, in manner afs' 1 ., — 
 
 For peaceable enjoyment, — 
 
 Free from Incumbs, except the Term of 500 years, 
 
 created by the hinbefe abst d . Ifidre of the 2.M d of 
 
 July, 1802 (a) 
 
 For further assurance ; 
 
 EXECUTED by all part 8 . & att d . by 2 Wit". & 
 
 KECEIPT for £10,000 end d . & signed by s d John 
 Styles, but not witu d . 
 
 THE SAID intended Marriage was solemn' 1 , between s d . 8 Feb., 
 John Styles & Lucy Bird. 1827 - 
 
 CERTIFICATE thereof. (See note a, p. 84.) 
 
 THE SAID Joseph Styles died. 
 
 CERTIFICATE of his Burial. (See note a, p. 84.) .. 1829" 
 
 BY INDENTURE of Assignment, [of this date] made be- 4 March, 
 tween— The s d . Ja 8 . Finch & Geo. Dodd, then of & c . Esq', of • = 
 the 1 st . part.,— The s d . Robert Styles, of & c ., & Tho 8 . Styles 
 of & c . of the 2 d . part,— The s d . John Styles of the 3 d . part, & 
 Cha 8 . Crane, of & c ., Gent"., of the 4 th . part ; — after 
 
 RECITING the before abst d . Articles [of the 16 th . June, 
 1800] (p. 99) ;— 
 
 AND RECITING, that the then int d . Man , between 
 
 (a) Or, more concisely, when no other term of the same de- 
 scription is referred to — "except the s d . Term of 500 years." 
 
 Or, " except a certain Indre, dated the — of 17 — , & made 
 
 between & c . whby in cofison of £ , an Aufiy of £ was 
 
 secured to be paid to G. R. of & c . Gent, during bis life (then 
 
 aged 68) & who died on the of 17 — ." Or, " whby a 
 
 Garden, which now forms part of the s d . close called ' Bean 
 Croft,' with a cottage, which formerly stood thon, was demised 
 unto G. R. for the term of 1000 years by way of mortgage, for 
 
 securing the Sum of £ & Inf., which has long .since been 
 
 fully paid, but which s d . Term is still outstanding." 
 
 v 9.
 
 120 ABSTRACTS OF TITLES 
 
 s' 1 . Jos. Styles & Ruth Biles took effect [shortly after the 
 date of such articles] ; 
 
 AND ALSO RECITING the before abst d . Indres of 
 the 22 nd . & 23 d . of July, 1802 (p. 102), and parlarly the 
 power for raising portions for younger Children, therein 
 cont d . & hlhbefore abst d . — (p. 105); 
 
 AND ALS< I RECITING, that s d . Jos. Styles bad Issue 
 by s ,J . Ruth Biles, [three Sons & one Dau r .,] namely, s d . 
 Jobn Styles, Rob'. Styles, Ann Styles, (then dec d .) & 
 Tin/. Styles; 
 
 AND ALSO RECITING, that s d . Ann Styles departed 
 this life on the 9"'. of June, 1807. 
 
 AND ALSO RECITING tbe before abst". Ifidre [of 
 Bargain & Sale] of the 10 th . of May, 1822 (p. Ill) ; 
 
 AND ALSO RECITING tbe last abst d . Indres of the 
 11 th . & 12 th . of Jan y . 1827 (p. 114) ; 
 
 AND ALSO RECITING, that s d . Rob 4 . Styles att d . his 
 age of 21 years on the 3 d . of Oct r . 1823. 
 
 AND ALSO RECITING, that s d . Jos. Styles dep d . this 
 life on tbe 13 th of Aug'., 1829, leaving s d . John Styles, 
 R.b'. Sty Irs, A' Tho s . Styles him surviving, & without 
 having in any manner exercised the Power of Apptm'. of 
 the Portions of the Child", of bis s d . Marr e . with s d . Ruth 
 Byles, cont d . in the before abst d . Ifidre of tbe 23 rd of July, 
 1802. 
 
 AND ALSO RECITING, that s". Rob*. Styles in or 
 about Michas Term, 1829, exhibited a Pill in the High 
 Court of Chancery against s d . Finch & Dodd, & s d . John 
 Styles, for the purpose of having his s d . Portion, under the 
 re abst d . Settlement of the 23 d . of July, 1802, raised & 
 paid, in purer:", of the Power therein com' 1 ., together with 
 bis Costs of Suit, by Demise, Mortgage, or Sale of s d . 
 abst d . Heredits [& PremSs] comp d . in such Settlem'. & the 
 t <Tin thereby created for raising & paying the same, or of 
 a sufficient part thereof, & that all proper parties might 
 lie decreed to join in such Demise, Sale, or Mortg c . [as by 
 the same Bill would appear]
 
 TO FREEHOLDS. 121 
 
 AND ALSO RECITING, that 8 4 . Dsfta, being Berved 
 with Process for that purpose, appeared and pu1 in thei: 
 
 several Answers to the s d . Bill ; 
 
 AND ALSO RECITING, that s d . Tim". St 3 les attained 
 his age of 21 years on the 9 th Feh y ., 1826, & had applied 
 to s*. Court for leave to make himself a Co-pit. with s d . 
 Huh'. Styles to s d . Bill ; 
 
 AND ALSO RECITING, that by a Decree or Decretal 
 Order of s d . Court made on the 3 rd of April, 1831, It was 
 ordered that s d . T. Styles should be made a Co-pit. with 
 s 1 . R*. Styles in s d . Cause, & that s d . 11'. Styles should 
 amend his s d . Bill accord 7 ; 
 
 AND ALSO RECITING, that s d . Defts, being again 
 served with process for that purpose, appeared & put in 
 their several Ans", to such amended Bill ; & s' 1 . Cause 
 being at Issue, came on to be heard before the Master of 
 the Rolls, on or about the 9 th of June, 1834, who ordered 
 & decreed it to be referred to Mr. W. B., one of the 
 Masters of the s d . Court, to take an ace 1 , of what was due 
 to the s d . Rob'. Styles & T. Styles for Brine 1 . & hit 1 , at, & 
 since the death of s d . Jos. Styles, under the before aim. 1 . 
 [Indre of] Sett'., of the 23 d . of July, 1802 ; & to tax their 
 Costs : — And it was also ordered & decreed, that what 
 should be reported to be due to s d . Rob'. Styles & T. 
 Styles for Brine 1 ., Int'., & Costs as afs d . should be raised 
 by Sale or Mortg*. of the Premes com]!' 1 , in s' 1 . Term of 500 
 years, created by s d . abst d . [Indre of] Sett'., of the 23 d . of 
 July, 1802, or a sufficient part thereof, with the appro", of 
 s' 1 . Master, & all proper Parties were to join in such Sale 
 or Mortg 8 . as s d . Master should direct;- -Am . of the 
 Monies to arise by such Sale, it was ord*. & decreed, that 
 what should be reported to be due to each of them >'. 
 Rob'. Styles & T. Styles for Brine 1 ., Int*. & Costs as afs d ., 
 should be paid to them resply accordingly ; 
 
 AND ALSO RECITING, that s d . Master by his Report 
 made in s d . Cause, bear 5 , date the 24 th . day of January 
 then last past, certified that there was then due to s d .
 
 122 ABSTKACTS OF TITLES 
 
 Rob*. Styles for Trine 1 . & Inf. under or by virtue of s d . 
 abst d . [lfidre of] Setf., of the 23 d . of July, 1802, the sum 
 of £3,265, & to s d . T. Styles under or by virtue of the 
 same Ifldre the sum of £3,221 ; 
 
 AND ALSO RECITING, that, in order to prevent 
 the same several sums being raised out of s d . Heredits 
 [& Frames]', he s d . John Styles, with the consent and 
 approli". of the s d . Master, had agreed to pay off the same 
 out of his own private Monies, and to take such assign- 
 ment of the s d . term of 500 years as thin & hereinafter 
 ment d . ; 
 
 AND ALSO RECITING, that the costs of s d . R. 
 Styles & T. Styles in s d . Cause, had been taxed & settled 
 by their Clerks in Court on both sides at the sum of 
 £136 10s. lid., which had been paid by s d . John Styles 
 to the Sol", for s d . R. Styles & T. Styles, as they s d . R. 
 Styles & T. Styles did thereby acknowT. 
 
 AND ALSO RECITING, that s d . Master had perused 
 & approved of the now abst g . Indre, [engrossed on 2 skins 
 of parch'.,] & in testimony of his approb". of the same, 
 had set his name in the margin of the 1 st ., & his name 
 & allow", in the 2 d . skin thof : (a). 
 
 IT IS WITNESSED, that in conson [of the sum] of 
 £3,225 to s d . R. Styles, & [of the sum] of £3,265 to s d . T. 
 Styles then paid by s d . John Styles, (the Rec\ of which s a . 
 2 several sums, & that the same were in full for the Portions 
 of them, s d . R. Styles & T. Styles, resply, under the last 
 ment d . Setf. & so directed to be raised as afs d . they s d . II. 
 Styles & T. Styles did by the now abst g . Indre sev y . ackn*.). 
 They s d . Finch & Dodd by the diron of s d . R. Styles, & T. 
 
 (a) Sometimes the Documents referred to in Reeitals cannot 
 be conveniently introduced in the order of the date, and their 
 introduction mi^lit. serve to interrupt rather than assist the 
 mind. Whenever this is t lie: ease, it will be better to insert 
 tliem altogether at the end of the abstract of the particular 
 deed containing them, under some such note as the following : — 
 
 "The following .Documents are adduced in support of the 
 facts recited in the last abstracted Deed [or, ' last mentioned
 
 TO FREEHOLDS. 123 
 
 Styles, & on the nominua of s d . John Styles, [testified aa 
 therein rnent*.] Did, & each of them Did, bargain, Bell, 
 assign, transfer, & set over : — And s d . E. Styles, & T. St j Lea, 
 (so far as they, either at Law or in Equity, could or might,) 
 Did bargain, sell, assign, transfer, & set over unto s d . Crane, 
 his Exors, AdrnCrs, & Ass"., — 
 
 THE parcels afs 4 . (p. 103), — being the HerSdita 
 [& Premes] comp d . in s*. abstd. [Indre of] Sett'. 
 of the 23 d . of July, 1802, & s' 1 . term of 500 years 
 thereby created, — 
 
 ToG r . with all Houses, — Appurts, &c. 
 
 And all the Estate, &c, 
 
 TO HOLD the same unto s d . Crane, his Exors, Admors, 
 & Ass 8 ., from thenceforth, for all the residue then unexp*. 
 of s d . term [of 500 years], — Freed & absoK disch d . & 
 exon d . from all and every the Trusts, Powers, Declons, 
 & Agreem". in s d . Irldre of Sett'. cont d . or implied, relative 
 to, or concer 8 . s d . Portions of s d . K. Styles & T. Styles, or 
 either of them. — 
 
 IN TRUST neve'less for s d . John Styles, his Heirs & 
 Ass 9 . & to be assigned & disposed of from time to time 
 as he or they should direct or appoint ; And in the 
 
 Pedigree of the Styles' family '] copied from a Report in the 
 Master's Office ' In Re John Styles, a Lunatic' " 
 
 CERTIFICATE of the Marriage at this date between & c . x March, 
 
 CERTIFICATE of the Baptism at this date of M. their :u May, 
 
 daughter. 177". 
 
 CERTIFICATE of the Baptism at this date of H. their other 5 E 
 
 [or, " second "] daughter. 1771. 
 
 CERTIFICATE of the Burial of C. D. at this date. 1 May, 
 
 1798. 
 
 EXTRACT from the Master's Report in the cause of <• Styles v. 9 August, 
 
 Styles," and in the cause of " Re John Styles, a Lunatic." i ■■-] 
 
 DECREE whereby it is ordered & c . '; " s •• 
 
 (Setting it out as in the Decree.)
 
 124 ABSTRACTS OF TITLES 
 
 mean time to attend the Inhance of the same [Heredits 
 &] Premes. 
 
 COVENANT (joint & several) by s d . Finch & Dodd, 
 for themselves, their Heirs, Exors, & Admors, with 
 s' 1 . Crane, his ExOrs, Admors, & Ass 3 ; 
 
 That they had done no act to incumber ; — 
 EXECUTED by all Parties, except s". Crane, & duly 
 attested, & 
 
 EECEIPTS by s d . P. Styles for £3,225, & by s a . T. 
 Styles, for £3,265, endorsed & severally signed & 
 witn d . 
 
 16 May, BY WILL, of this date,— The s d . John Styles,— after giving 
 divers specific pecuniary Legacies, but (if so) without charging 
 his Peal Estate with the paym\ thereof, & directing the 
 same to be paid out of his Pers 1 . Estate, (a) — Did, by force 
 & virtue, & in exercise of the Power or Authority given or 
 reserved to him in & by the last abst 4 . Indi-e [of Sett 1 ., of 
 the 12 th of Jan 5 '. 1827] & of all other Powers & Autho s . en- 
 abling him in that behalf, direct & appoint, give & devise — 
 
 UNTO his Nephew George Styles, 
 
 ALL THAT his Estate, Messes, Farm, Lands, Ten' 8 ., 
 & Heredits whats r ., called "Cliff Hall," then partly 
 in Lis own occQn & partly of his under-tenants, — 
 
 TOGETILEP with all appurts thunto belong 6 , 
 
 TO HOLD the same unto s d . Geo. Styles, & his Ass 8 , 
 during Ins life ; And after his decease, — 
 
 TO his Nephew, Geoffrey Styles, his Heirs & Ass 8 , for 
 evermore : — 
 
 AND s' 1 . Tcstor revoked Lis firmer Wills. 
 
 (a) Or, " after specifically disposing of a part of his Real 
 Estate not tin: subject of this abstract." 
 
 Or, "after giving an ann* of £ to bis wife, and charging 
 
 ,l " same on a*. abst a Prems, but which bequest did not take 
 cll'i ct, she having died in Lis life time."
 
 TO FREEHOLDS. 125 
 
 EXECUTED & pulil 11 . in the presce of, & attested by 
 3 wit\, & (a) 
 
 PROVED by C, D, & E, (the Exf.rs thof,) in the 
 Prerogative Court of Canterbury on the 4th of 
 Dec'., 1840. 
 
 THE SAID Lucy Styles died. 4 An 
 
 CERTIFICATE of her Burial (See note a, p. 84.) 
 
 BY INDENTURES of Lease (6) & Release, [of these 12 & 13 
 dates,] the Release made between — The s rt . Geoffrey Styles, of A p!-> 1843 
 &c., Esq r ., of the first part,— The s d . Cha 8 . Crane, of the 2 d . 
 part, — Tho 8 . Noakes, of Portland Place, Middlesex, Esq., of 
 the 3 d . part,— John Joy, of &c, Gent"., of the 4 th . part, & 
 Cha s . Roe, of &c, Merchant, of the 5 th . part, — after — 
 
 RECITING the before abst d . Indres [of Sett'.], of the 
 
 11 th . & 12 th . of Jan*., 1827. 
 
 AND RECITING, that s d . int d . Marr". between s". 
 John Styles & Lucy Bird took effect, and that s d L. Styles 
 died on the 4 th . of August, 1842, without having had 
 Issue by s d . John Styles ; 
 
 AND ALSO RECITING the last abst". Will 
 (p. 124):- 
 
 AND ALSO RECITING, that s d . Geoff 7 . Styles had 
 contracted with s d . Noakes, for the absolute Sale to him 
 of the Rem r . or Revon of & in s a . Heredits [and Premes] 
 expect', upon, & to take effect in Possun from and hnmi'd y . 
 after the decease of s d . George Styles, so devised to him 
 by the last abst' 1 . will as afs' 1 ., free from all incumb 8 ., at 
 the sum of £10,000.— 
 
 (a) If the following form of stating the death be objectionable, 
 here add— "the testator having died on the -it li Aug'. 1832,"— 
 or, if brevity be desired, or the period of death be immaterial, it 
 may be omitted altogether, as tho Probate is evidence of the 
 death. 
 
 See Index for other forms of stating this, and when the wills 
 are proved in other courts. 
 
 (b) If the lease for a year be lost, insert in the margin opposite 
 this part, or at the foot, a note, showing the fact (flee p. 128.)
 
 126 ABSTRACTS OF TITLES 
 
 IT IS WITNESSED, that in cons6n [of the sum] of 
 £10,000 to s\ Geoff. Styles then paid by s d . Noakes, (the 
 Receipt whereof, & that the same was in full for the absol 8 . 
 Pure", of the Rem r . or Revon of & in s d . Heredits [& Premes] 
 expect 1 , as afs d . he s d . Geoff. Styles thereby ackn d .) — He s d . 
 Geoff. Styles, Did grant barg n ., sell, alien, release, & confirm 
 unto s*. Noakes, (in his actual posson then being &c.,) & to 
 his Heirs, 
 
 ALL THAT the Rem', or Revon expect', upon & to 
 take effect in Posson from &immed y . after the decease 
 of s d . Geo\ Styles as afs d ., of & in — 
 
 THE parcels afores d . — (as desc a . in the before 
 abst d . Indres of the 11 th . & 12 th . of Jan y ., 1827,— 
 which were then in the occon of T. A. & J. B., or 
 their undert". — 
 
 And all Houses &c, — Common, & Rights of 
 Com"., &c. 
 
 And the Reversion, &c. 
 
 And all the Estate, &c. 
 
 And all Deeds, &c. 
 
 TO HOLD the same unto s d . Noakes, & his Heirs, 
 
 TO THE USES, upon the Trusts, & for the Intents & 
 Puqxtses following, namely, — 
 
 TO THE USE of such Person or Psons, upon such 
 Trusts, & for such Estates & Interests, Intents & 
 Purposes, & with & subject to such Powers, DeclOns, & 
 Agreem"., & so charged & chargeable as s d . Noakes, or 
 his Nominees or Appointees by any Deed, or other 
 Instrument in writing, to be signed, sealed, & delivered 
 by him in the pres c0 . of & att' 1 . by two or more credible 
 wit"., or by his last Will & Test', or any Codicil thereto, 
 to be resply signed, sealed, & delivered by him in the 
 pres". of, & att d . by 3 or more credible wit". sho a . direct 
 or appoint ; And in default [or failure] of any such diron 
 or apptm'., as to the whole or any part of s d . Heredits 
 [& Premes], or any Estate or Int'. thin, then as to
 
 
 TO FREEHOLDS. 127 
 
 such part thereof of which none sho d . be made or take 
 effect, — 
 
 TO THE USE of s a . Noakes, and his Ass*., during 
 [the term of] his nat 1 . life, with 1 . Impeach*, [or of or for 
 any manner] of waste ; And upon the determon of that 
 Estate in his life-time, 
 
 TO THE USE of s d . Joy. his ExGrs, & Admors, 
 during the life of s d . Noakes, but in trust for s u . 
 Noakes, & his Ass\ [& to prevent any widow of s d . 
 Noakes from being entitled to Dower in, or out of s d . 
 Heredits & Premes] (a), — with Rem r . — 
 
 TO THE USE, of the Heirs & Ass', of s d . Noakes 
 for ever : 
 
 DECLON by s d . Noakes that no widow of his should 
 be dowable out of s d . Pres or any part thof 
 
 COVENANT by s d . Geoff. Styles, for himself, his 
 Heirs, Exors, & Admors, with s d . Noakes his Heirs & 
 Ass 3 ., — 
 
 That he was lawfully seized, 
 
 Had good right to convey, in manner afs d ., 
 
 For cp^iet enjoyment, 
 
 Free from incumbrances, & 
 
 For further assurance : 
 AND RECITING, that it had been agreed bet". s d . Geoff. 
 Styles & s d . Noakes, that s d . term of 500 years, created by 
 the before abs d . [Indre of] Sett', of the 23 d . of July, 1K)L>, 
 & then vested in s d . Crane as afs d . should be assigned 
 to s d . Roe in manner thin & hlnafter ment' 1 . : 
 
 (a) Or, to the intent, & the s d . Noakes did thby. expi 
 declare that no widow of his should he dowable out of s*. abet*. 
 pres. or any part thof. Whero a separate Declaration is 
 inserted, the words within brackets must be here, of course, 
 omitted. 
 
 Since the 3 & 4 Will. 4, c. 105, it is proper to show whether 
 or not the purchaser has executed the deed.
 
 128 ABSTRACTS OF TITLES 
 
 IT IS ALSO WITNESSED, that for the consons afs d ., 
 & also in conson of 10s. to s J . Crane paid by s d . Roe, at 
 the req 1 . of s d . Geoff. Styles, — He s' 1 . Crane by the diron of 
 s d . Geoff. Styles, & on the nominon of s d . Noakes, [testified 
 as therein ment d .,] Did bargain sell, assign, transfer & set 
 over unto s d . Roe, his Exors, Admors, & Ass*., — 
 
 THE parcels last ment d . (see p. 103), — 
 ToG r . with all Appurt'. <S:c., thunto, belonging, — 
 And all the Estate, &c. 
 
 TO HOLD the same unto s d . Roe, his ExGrs, Admors, & 
 Ass 8 ., from thenceforth, for all the then residue of s' 1 . term 
 [of 500 years], — 
 
 IN TRUST neveless for s d . Noakes, his Heirs & Ass"., 
 & to be assigned & disposed of as he or they should 
 from time to time direct or appoint ; Axd, in the mean 
 time, to attend the Inhance of s d . [Heredits &] Premes : 
 
 EXECUTED by s' 1 . G c . Styles, Crane & Noakes, & 
 duly att". & 
 
 RECEIPT for £10,000 end d ., signed, & wit d . 
 
 N.B. The lease for a year is lost [or, if the fact be 
 uncertain, say — "the lease for a year not being with the 
 deeds, is supposed to be lust." See note b, p. 125.] 
 
 14 August, T] , E SV ] i , , ;,., , ,,. St _ vk . s dic(L 
 
 CERTIFICATE of his Burial. (See note a, p. 81.) 
 
 ISO? ""'' BY INDENTURE, [of this .late,] made between the s d . T. 
 Noakes, of the first part, — The s d . John Joy, of the 2 d . part, 
 — Mary Webb, of, &c, widow, of the 3 d . part, & Henry 
 Tripp, of, &c, Gent"., of the 4 th . part, — after — 
 
 RECITING, that s' 1 . Noakes was seised in Fee simple in 
 Posson of the Heredits [& Pres] thin & hinafter ment d . ; 
 
 AND RECITING, that s". Noakes had cont' 1 . with s d . 
 Webb for the jiurc . of an Ann 5 '., or clear yearly Sum of 
 £250, for the life of s' 1 . Webb, to be charged upon s d .
 
 TO FREEHOLDS. 129 
 
 Heredits [& Premes] & paid at the time & in manner 
 hinafter ment d ., at the sum of £3,300 ; 
 
 AND ALSO RECITING, that fur better securing the 
 due pay 1 , of s d . Ann*., he s d . Noakes had by his Bond or 
 Obligation, bearing even date with the now abst e . Ifidre, 
 bound himself, his Heirs. Exors, & AdmOrs, unto s d . 
 Webb, her Exors, AdmOrs, & Ass 9 ., in the penal sum of 
 £G,600, with a Condon thunder written for making void 
 the same on pay', of s d . Ann y . on the days & in the manner 
 thin & hinafter meni d . ; 
 
 AND ALSO EECITING, that s d . Noakes had exted a 
 certain Warr*. of Attorney, also bear 8 , even date with the 
 now abst B . Ifidre, [whereby certain Att 8 . of His Majesty's 
 Court of King's Bench were empowered] to confess a 
 Judg*. [in s d . Court] against him, in an Action of Debt, 
 [upon the last abs d . Bond, at the suit of s d . Webb, as of 
 Michas Term then last, or in as or of any subseq*. Term, 
 for [the sum of] £3,300, besides his Costs of Suit, but with 
 stay of ExecOn until default should be made in pay*, of s d . 
 Ann*., or some part thereof, as hinafter ment d . 
 
 IT IS WITNESSED, that in conson [of the sum] of 
 £3,300, to s d . Noakes, then paid by s". Webb, He B d . 
 Noakes Did, for himself, his Heirs, Exors, & AdmOrs, give 
 & grant unto s d . Webb, and his Ass 3 ., — 
 
 ONE Annuity, or clear yearly Sum of £250 sterling, 
 to be issuing and payable, & rec d ., & taken out of & 
 from, & charged & chargeable upon — 
 
 ALL & singular the Messes, Lands, Ten u ., & 
 Heredits thin & hinafter ment d ., with their reepive 
 Appurts 
 
 TO HAVE, HOLD, RECEIVE, PERCEIVE, TAKE & ENJOY the 
 
 same Ann y . unto & by her s d . Webb, & her Ass"., to & 
 fur her & ; their own use & benefit, from the day of the 
 date of the now abst g . Ifidre, [for &] during [the term of] 
 her [natural] life ;— Which s' 1 . Ann 5 '. 'was to be payable 
 & paid [in the Common Dining Hall of Lincoln's Inn,] on 
 the 25 th of March the 2-i th . of June, the 2'J ,h . of Sept'. &
 
 130 ABSTRACTS OF TITLES 
 
 24 th of Dec'., in every year, clear of all DedGns whats'.. 
 together with a due & proportnable part thereof for any 
 period which might elapse between the last day of pay', 
 preceding the death of s d . Webb, up to the day of her 
 decease, & the first pay' thof was to be made on the 25 th . 
 of March then next : 
 
 COVENANT by s d . Noakes, for himself, his Heirs, 
 ExGrs, & AdmGrs, with s d . Webb, her ExGrs, AdmGrs, 
 & Ass 8 ., — For pay*, of s d . Ann*, accord'. 
 
 AND IT IS WITNESSED, that for the consons afs d ., & 
 for more effectually securing the regular payt. of s d . Ann r . 
 on the days afs d ., He s d . Noakes, pursuant to & in 
 exercise of the Powers or Autho". to him given or res d . in & 
 by the last abst d . Indre [of Release, of the 13 th . April, 1843] & 
 [in purs". & exercise] of all other Powers or Autho 8 . in 
 anywise enabling him in that behalf, & at the request of s a . 
 Webb, Did absolutely and irrevocably direct, limit, & appoint, 
 That— 
 
 ALL & singular the Mansion, Pew, Vault, 
 Advowson, Tithes, Messes, Lands, & Heredits 
 next thin & hlnafter desc d . ; with there respive 
 Appurts, — 
 
 SHOULD Be & Enure, & that all other Assurces thereof 
 
 sho d . likewise be & enure — 
 
 Fob such term of years, upon such Trusts, & for the 
 Intents & Purp 8 . thin & hinafter expressed concerning 
 the same : 
 
 AND IT IS FURTHER WITN D . that, for the consons 
 afs d ., & for more effectually conveying & assuring the same 
 Heredits [& Premes] unto s\ Tripp, his ExGrs AdmGrs, & 
 Ass"., upon the Trusts, & for the Intents & Purposes hinalter 
 ment d . ; And also in conson of 10s. to s d . Noakes & Joy, 
 paid by s d . Tripp, They s d . Noakes & Joy, at the request, 
 & by the apptm*. of s d . Webb, [testified as therein ment d .,] 
 Dm, and each of them did, grant, bargain, sell, demise, & 
 confirm unto s d . Tripp, his ExGrs. AdmGrs, & Ass 8 ., — 
 
 THE parcels afs d . — as desc d . in the before
 
 TO FREEHOLDS. 131 
 
 abst d . Ifidres [of Sett'.] of the 11"'. & 12 th . of Jan y ., 
 
 1827, 
 
 ToG r . with all Houses, &°. — Com*. & Com". 
 
 Rights, & c . 
 
 And the Reversion, &\ 
 
 And all the Estate, &°. 
 
 TO HOLD the same unto s a . Tripp, his Exurs, Admurs, & 
 Ass 8 ., from the day next before the day of the date of the 
 now abst 8 . Iiidre, for the term of 300 years, if she, s d . 
 Webb, should so long live, sans waste, — 
 
 AT the yearly Rent of a pepper corn, [payable if 
 
 demanded,] 
 
 BUT neve'less upon the Trusts, & for the Intents 
 
 & Purp". hinafter exp d . concern 8 , the same, viz. — 
 
 UPON TRUST to permit s d . Noakes to receive & 
 retain the Rents & Profits of s d . Heredits [& Pres] for 
 his own absolute use & benefit, until default should be 
 made in pay', of s d . Ann y ., as afs d . ; — And in case s d . 
 Ann y . shall be in arrear for [the space of] 21 days next 
 after any of the days or times thin & hi'nbefore app a . 
 for pay', thereof, (altho' no demand should have been 
 made thuf,) then, — 
 
 UPON FURTHER TRUST to raise & pay the same, 
 together with all costs, damages, & expenses occas d . by 
 the non-pay', thuf, either by receiving & retaining the 
 Rents & Profits of s d . Heredits & Pres], or by demising 
 or mortg g . the same, or any part thuf, for all or any part 
 of the then residue of s d . term of 300 years; And after 
 pay', thereof, — 
 
 UPON FURTHER TRUST to pay the surplus 
 (if any) of s d . Rents or Trust-mo s , unto s d . Noakes, bis 
 Exurs, Admurs, or Ass 8 ., for his & their own absolute 
 use & benefit. 
 
 PROVISO for Cesser of s d . Term [of 300 years] upon the 
 decease of s d . Webb, & full pay', of all arrears of s d . Ann*., 
 & all Exp 9 , due in respect thereof ;
 
 132 ABSTRACTS OF TITLES. 
 
 COVENANT by s". Xoakes, for himself, his Heirs, 
 ExOrs, AdmCrs, & Ass 5 , — 
 
 That he & s d . Joy, were, or one of them was lawf . 
 
 seised, — 
 
 Ha<l power to appoint & demise as afs d ., — 
 
 For peaceable enjoym*. 
 
 Free from incumbrances, 
 
 For further assurance : 
 
 DECLARATION & Agreement, That s d . Bond & Judg'. 
 resply were intended, & should therefore be used as a 
 Collateral Security only for the pay', of s d . Ann y . & that 
 neither of them should be enforced, unless s d . Anu y . should 
 be in arrear for [the space of] 21 days after the days whereon 
 the same would become due as afs d ., & unless the same 
 should not then be duly raised under or by virtue of the afs d . 
 Trusts ; 
 
 DECLARATION & Agreement, That the Receipts of s d . 
 Trip] i, his Exr.rs, Admors, or Ass 3 ., for all monies paid by 
 him or them under or by virtue of the afs d . Trusts, should 
 be good discliGs for so much money as in such Rec'". should 
 be expressed to be received ; 
 
 AND RECITING, that upon the treaty for the pure 6 , 
 of s d . Ann 3 ', it was mutually agreed by & between s d . Noakes 
 and Webb that s d . Noakes should be at liberty to re-purc e . 
 s d . Ann 5 ', upon giving unto s d . Webb or her Ass". 6 calendar 
 months' notice in writing of his intention so todo, & upon 
 repaying the sum of £3,300 with all Arrears (if any) of s d . 
 Annuity & all expenses (if any) which she might be put 
 to in res] net thereof : 
 
 AND IT IS FURTHER WITN"., that [for effectuating 
 such agree'.] and for the consons afs d ., it was by the now 
 abet*, hull, m n ai.i.v declared & agreed by & between 
 8*. Noakes & Webb,— A»B s 1 . Webb, for herself, her Heirs, 
 ExOrs, and Admors, did thereby cov'. with s d . Noakes, his 
 Heirs, ExOfs, Admors, & Ass 8 .,— That if he s d . Noakes, his 
 Heirs, ExOrs, Admors, or Ass'., should at any time thraftor 
 be desirous of repurch R . or extinguish". s d . Ann 5 ". & should
 
 TO FREEHOLDS. 133 
 
 give unto her [s d . Webb] 6 cal r . months' notice thereof, she 
 s d . Webb, her Exors, Admors, & Ass 8 ., would receive s d . sum 
 of £3,300, tog', with all arrears (if any) of s d . Ann'., & all 
 Exp s . (if any) which she might have been put to in the 
 recovery, or otherwise in respect thereof; — And also would 
 at the req'. & exp c . of s d . Noakes, his Exors, or Admors, re- 
 assign s d . Heredits [& Pres] unto him or them or to such 
 person or psons as he or they should direct or appoint ; — 
 And also cancel s d . Bond, and ackn . satisf". on Record of the 
 Judg'. which was so to be entered up as afs d ., & also execute 
 any other Assurance that might be requisite for more effec- 
 tually releasing & extinguishing s d . Ami y ., & dischar 8 . him 
 s d . Noakes, his Heirs, Exors, Admors, & Ass'., from the 
 pay 1 , thereof: 
 
 AND FURTHER RECITING, that s d . term of 500 years, 
 created by the before abst d . Indre [of Sett'.], of the 23 d . 
 of July, 1802, (p. 102.) was by the last abst d . Indre, ass d . 
 to, & then stood vested in s d . Roe, his Exors, Admors, & 
 Ass 8 ., in trust for s d . Noakes, his Heirs & Ass 8 ., & for such 
 person or persons as he or they should direct or appoint ; 
 
 DECLARATION & Covenant by s d Noakes, for himself, 
 his Heirs, Exors. & Admors, with s d . Webb her ExCirs, 
 Admors, & Ass 8 ., — That s d . Roe, his Exors. Admors, & Ass'., 
 should stand posse*, of s d . Term In trust for s d . Webb, her 
 Exors, Admors, & Ass 8 , for better securing the pay', of s d . 
 Ann 7 . & the repay*, of s d . sum of £3,300, and subject thereto, 
 & after pay', of the same resply, In trust for s' 1 Noakes, his 
 Heirs, & Ass 8 ., or as he or they sho d ., from time to time, 
 direct or appoint, & to attend the Ifihance of s d . Premes : 
 
 "SIGNED, sealed and delivered by the s d . Tho\ 
 Noakes in the pres co . of" — 2 wit 8 . & 
 
 EXECUTED by s d . Webb, & duly attested, & 
 
 RECEIPT for £3,300 end 1 ., signed, and witu d . 
 
 BY BOND, of this date, under the hand & seal of s d . Noakes, Same date. 
 —He t. d . T. Noakes bound himself, his Heirs, ExOrs, & 
 
 L
 
 134 ABSTRACTS OF TITLES 
 
 Admurs, unto s d . Webb, her Exors, Admors, & Ass', in the 
 Penal sum of £6,600, — 
 
 UPON CONDITION, That if he [s rt Noakes] his Heirs, 
 Exors, or Admors, did & should pay, or cause to be paid 
 unto s d . Webb, & her Ass'., during her life, the s d . Ann 7 , 
 or yearly Sum of £250 sterling, when & as the same should 
 become due in pure ce . of & according to the tenor of tbe last 
 abst d . Indre, the same Obion should be void, (a) 
 
 Same date. BY DEED POLL, of this date, under the Hand & Seal of 
 s d . Noakes, after — 
 
 RECITING the last abst d . Indre — 
 HE SAID T. Noakes author d . A. K. & J. P. Attorneys of the 
 Court of King's Bench, jointly & severally or any other Att*. 
 of the same Court, to appear for him as of the then next 
 Hilary Term, or some subseq*. Term in s d . Court, & then & 
 there to receive a Declon for him in an action of Debt, upon 
 the last abst d . Bond, for the sum of £6,600 and thiipon to 
 confess the same, or to suffer a judgment [by nihil elicit, or 
 otherwise,] to pass against him in the same Action to be 
 thupon entered on Record of s d . Court, for s d . sum of £6,600 
 and Costs of Suit ; 
 
 A XI) ALSO for him s d . Noakes to execute a sum'. Rel\ 
 in the Law to s d . Webb, her Exors & Admors, of all manner 
 of Errors, & all benefit & advantage thSf, & all mis- 
 prisions of errors, 'defects, imperf""., & proceedings whats'. 
 concerning the same Judg'. 
 
 14 .July, B y AN ACT of Parliament made & passed on the 14 th . of 
 July, [in the] 22 nd . [year of the Reign of Her Majesty Queen] 
 Vict. Cap. 'J, intit d . "An Act for dividing, allotting and 
 enclosing the o| en Fields, common Lands, Wastes, and other 
 comable Places within the sev' Parishes of Wake (6)," &c. 
 
 (a) Such securities as this and the next are seldom abstracted 
 after they have been discharged. These forms are therefore 
 given rather as precedents than for their utility to this title. 
 
 (h) Or, more shortly, thus: "By an Act of Parliament (56 
 Geo. III., c. 39), intituled," &c. («*■ above).
 
 TO FREEHOLDS. 135 
 
 &c. (as the title is), [after reciting the Preamble, the Clauses, 
 appointing the Comm"., Umpires, & Valuers, describing the 
 boundaries of Counties, the exch". & partitions to beeffected, 
 the uses of Lands to be exch 11 . & the saving of Manorial 
 Rights, & the general saving clause,] full power & authority 
 was given by the 3 d . Sec. thereof to [George Hooper, William 
 Alexander, & Tbo*. Williams,] the Comm". therein named, 
 to divide, allot, enclose & lay in severalty certain open Fields, 
 common Lands, wastes & other coinble Places within b*. 
 parish of Wake, &c. (a), for & in lieu of certain common 
 Rights then held, exercised & enjoyed by the Inhabitants of 
 the s d . Parish in, over & upon the same. 
 
 AND by the 85 th . Sec. thereof it is enacted, That, &c. 
 \liere the Clause for allotting, marking the quality of the 
 Title, and the Saving Clause, are to be transcribed or fully 
 abstracted.] 
 
 The above Act commenced on the 11"' Oct'. 1857. 
 
 BY AN AWARD in writing, [of this date,] under the 3 
 Hands & Seals of s d . Comm". named and author 11 , in & by l859 - 
 the last abst d . Act of Pari' — The same Comm". Did set out, 
 allot, and award unto s d . Noakes, & his Heirs, For & in lieu 
 of 4 horse commons, 4 cow commons, & common for 100 
 sheep, incident to the before abst d . Heredits [& Premes,] or 
 some part or parts thereof. — 
 
 ALL THAT Piece or Parcel of Land, situate at or 
 near Flint Bottom afs d ., containing by admeas'. la. 
 lr. 5p. bounded on the East, West, and North, by 
 Lands allotted to A. B., & by a Lane called " Green- 
 Lane " on the South parts thereof, — 
 
 (a) Or, " it is enacted, that all the s d . open & common Field.-. 
 Meadows, Pastures, Downs, waste Lands, & other open & common 
 Lands & Grounds within B d . Parish ofWake, should as soon as 
 conveniently might be after the passing of the now abst B . Act. 
 be divided, set out and allotted in manner thifiafter ment d ., & 
 that G. H. of, &% W. A. of, & c ., T. W. of A .. Gen'., and their 
 successors to be app d . as thinafter mint' 1 ., should be & W( re 
 thereby app d . Comm". for the pposes afs 1 ., & for carrying the 
 now abst*. Act into exeeou." 
 
 L 2
 
 136 ABSTRACTS OF TITLES 
 
 . . . AND ALSO ali, that piece or parcel of Laud lying 
 near to the last-ment d . Close, cont B . by adnieas'. 15a. 
 2r. 18p., bounded by s d . Lane on the East, — by Lands 
 belonging to s d . A.B. on the West & South, & — by 
 Lands belong 6 , to J. 0. on the North part thereof. 
 
 EXECUTED by s d . Comm". & att d . by oue Wit 8 . & 
 
 INROLLED at the Office of the Clerk of the Peace 
 for the County of Kent, [at S.] on the 4 th day of Dec r . 
 1859. 
 
 10 Jany., BY A CERTIFICATE (No. ) under the Hauds & Seals 
 
 1861. of |- T> B & w qj two of the Comm". appointed under a 
 
 certain Act of Pari', for the Redon & Purchase of Land Tax 
 for the County of Kent, it is stated that they had contracted 
 
 with s d . T. Noakes, for the Redon by him of £ the Land 
 
 Tax charged upon (inter alia) — 
 
 THE Mansion, Farm, Closes of Land <fe Premes 
 before abst d . (a) — 
 
 IN CONSIDERATION of £ capital Stock then in the 
 
 Consolid d . or Reduced 3 per cent. Consols [or, " Bank Ann 8 ."] 
 to be transf 1 . to the Comm". for the Redon of the National 
 
 Debt, at the Bank of Eng d .,in the proportion of £ Stock 
 
 at the times thiu ment d .(6) 
 
 CERTIFICATES of the Transfer of s d . Stock,— & — 
 
 REGISTRY— indorsed No. 54321. 
 
 (a) If the redemption be a part of the property only, of course 
 that part of it should be set out, and might be in this form : — 
 
 In the tithing of A. R. 
 
 A certain close called " Broomcroft," containing 10a. 
 
 2r. 4p., in the occon of G. R.— £ . 
 
 Iu the Tithing of L. D. 
 
 Thfi s d . Mansion, Outbuilding & Premes called " Cliff 
 Hall."— iJ . 
 
 (b) Or, payable by Instalments ; all of which [Instalments] 
 had then [or, " long then since "] been paid, as appeared by 3 
 several signatures endorsed on the s d . Certificate {setting out 
 this fact according to the Certificate.')
 
 TO FREEHOLDS. 137 
 
 SEARCHES for Judgments affecting this Property within 
 the last 15 years have been made, but none, except that 
 before mentioned, were found. 
 
 AND the Succession Duties have been paid, & the account 
 discharged. 
 
 As to the Freehold Close of Meadow or Pasture 
 Land called " SHARPE'S," or " BELL'S." 
 
 This Land formed part of the Family Estate of Jonathan 
 Bell, formerly of Hoalt, in the parish of Wake, Kent, p]sq r ., 
 and are, consequently, included in the prior Title Deeds 
 relating to such Estates, and there is a term of 500 years 
 affecting this property, which was vested in Andrew Bell, 
 formerly of Wake afs d . Esq'., as trustee for his brother the 
 s\ Jon n . Bell ; but which, for want of a bequest of his 
 residuary estates & effects, did not pass by his will. 
 
 BY INDENTURES of Lease & Release, [of these dates] 14 & 15 
 the latter made between Rhuben Bell, of Hoalt, in the parish FeL > 180 °- 
 of Wake afs d ., Yeoman, (one of the two Sons, & joint 
 Devisees named in the last Will & Tes'. of s d . Jonathan Bell, 
 dec d .,) Ann his Wife, of the one part, & James Bell, of 
 Leigh, in s a . Co y . of Kent, Yeoman, (the other of s d . Sons & 
 joint Devisees named in s d . Will of s d . Jon". Bell, dec' 1 .) of 
 the other part : — 
 
 IT IS WITNESSED, that for the purpose of making 
 Partition between them s d . Rhuben Bell & Ja\ Bell, & to 
 the intent that they might th rater hold & enjoy the 
 Heredits [& Pres] therein & next hereinafter ment*.,to them 
 & their respive Heirs in severalty, & from all the Dowel 
 or right of Dower of s d . Ann Bell : — And in consoa of 10s. to 
 him s d . R. Bell paid by s d . Ja'. Bell, They s d . Rhuben Bell 
 & Ann his wife Did & each of them Did grant, bargain, sell 
 & release unto s d . Ja". Bell, (in his actual posson then beiDg 
 & c .) & to his Heirs & Ass"., — 
 
 ALL THAT Cottage or DhOuse, with the Outhouses & 
 
 Garden thunto belonging, com y . called or known by the name
 
 138 ABSTRACTS OF TITLES 
 
 of " Sharpe's," situate at Hoalt afs d ., thrtof c in the occon of 
 John Wick, afterwards of George Long, then late of s d . Jon D . 
 Bell, & then of s d . Jas. Bell, (being part of the Heredits 
 devised to them s d . R d . Bell & Ja*. Bell jointly in & by s d . 
 Will of s d . Joh n . Bell, dec d ., & mutually allotted & awarded 
 to s d . K. Bell, by way of partition, as his Moiety thereof,) — 
 
 And all Houses, Apptirts, & c . 
 
 And the Reversion, & c . 
 
 And all the Estate, & c . 
 
 And Deeds, Counterparts, & c . 
 
 TO HOLD the same unto s d . Jas. Bell, his Heirs & 
 Ass 8 ., — 
 
 TO BE HOLDEN of the Chief Lord or Lords of the Fee 
 of s d . Pres by the rents & services therefore due & of 
 right accust d . 
 
 TO THE [only proper] USE [& behoof] of sd. Jas. Bell, 
 his Heirs & Ass 8 ., for ever ; (a) freed & abs y . disched of 
 & from all the Dower & right & title to Dower of s a . 
 A. Bell ; 
 
 TO THE INTENT that the same might be held by him 
 & them, thenceforth for ever, in severalty from the 
 Heredits [& Premes] immed y . hereinafter desc d . ; 
 
 COVENANT by s d . R. Bell— That he had not 
 incumbered : 
 
 AND IT IS ALSO WITN D ., that, &\ [as before], & also in 
 conson [of the sum] of 22/. 10s. to him s d . Ja 8 . Bell, paid by 
 s d . Bell for equality of partition,— He .s d . Ja". Bell Did grant, 
 bargain, sell, & release unto s d . R. Bell (in his actual posson 
 then being &'.,) & to his Heirs & Ass 8 ., — 
 
 ALL THAT Close, Piece or Parcel of Meadow or 
 Pasture Land, commonly called " The Four Acres," 
 or " Sharpe's Mead," containing by Estimon 4a. 2r. 
 12p. (more or less), situate at Hoalt afs d ., & thrtof in 
 
 (a) When conciseness is particularly desired, this form of 
 limitation may be abridged similar to that in the next page.
 
 TO FREEHOLDS. 139 
 
 the occon of, &". fas before,']) being the other part of 
 the HerSdits[& PremSs] so devised to them s' 1 . I!. Bell 
 & Ja\ Bell in & by the Will of s d . Jon". Bell, dec"., & 
 mutually allotted & awarded to s' 1 . R. Bell, by way of 
 partition, as his Moiety thereof,) — 
 And all Ways, — Appurts, & c . 
 And the Reversion, & c . 
 And all the Estate, & e . 
 And all Deeds, Counterparts, &% 
 TO HOLD the same unto & to the use of s d . R. Bell, his 
 Heirs and Ass s . for ever, — 
 
 TO BE HOLDEN &*. (as in last page.) 
 TO THE INTENT that the same might be held by 
 him & them, thnceP. for ever, in sevlty from the 
 Heredits [& Premes] therein & hlnbef. desc d ., & 
 allotted to s d . Ja s . Bell as afs d . : 
 
 COVENANT by s d . Ja a . Bell.— That he had done no 
 act to incumber ; 
 
 EXECUTED by both parties, & duly attested, & 
 RECEIPT for 221. 10s. by s d . Ja s . Bell, endorsed, 
 signed, & witnessed. 
 
 CERTIFICATE of the acknowledgment of the last abst d . Same date. 
 
 Iiidre by s d . Ann Bell, endorsed thereon & signed by 
 
 [A. B. & C. D.] two of the perpetual Conim". for [the 
 
 county of] Kent (a) ; — 
 
 y.p K The last abst d . Deeds of Lease and Release are not 
 
 in the vendor's posson, nor can they be found. This 
 abstract of them is taken from an old one in his posson 
 
 [or, " from the recital in the Iiidre of the of 
 
 17 , hrinafter abst d . p. ),"] & is here abst d . in chief 
 
 for the sake of regularity. 
 
 (a) This certificate is set out substantively here by way of 
 example only, as the shorter forms to follow will answer tho 
 purpose as well.
 
 140 ABSTRACTS OF TITLES 
 
 T ™- • i CERTIFICATE of Marr e . of R. Bell, and A. Bell. (See note 
 1800. . v 
 
 a, p. 84.) 
 
 THE SAID Rhuben Bell died Intestate (a) leaving' John 
 Bell his eldest Son him surviving, who thereupon claimed 
 and entered into posson of s d . Cotte, Garden, and Heredits, as 
 his Heir-at-law. 
 
 CERTIFICATE of his Burial at Hoalt afs a . {See note 
 c, p. 84.) 
 
 15 Feb., BY LETTERS of limited Admtin of this date, under the 
 1802. g ea i f the Prerogative Court of the Archbishop of Canter- 
 
 bury (b), after — 
 
 RECITING- (c) that Andw. Bell had died intest*. as to 
 his Pers'. Estate, and possessed of a certain term of 500 years 
 affecting (int. al.) s a . abst a . Pres, & that, therefore, admon 
 of his effects, limited to such term, had been applied for & 
 granted to Wm. Smith, of &'., Maltster, in order', that the 
 s d . term might be effectually surrendered & be conveyed 
 in the Rev n . & Inhance of s a . abst a . Premes. 
 
 IT IS WITNESSED that s a . Court Did grant unto s*. Smith, 
 a person named by & on behalf of s d . R. Bell & Jas. Bell, & 
 
 (o) In completing purchases, if the probate of a will and 
 letters of administration are produced, they are considered satis- 
 factory evidence — the former of the death of the testator, and 
 the latter of the death and intestacy of the intestate. 
 
 (6) Or, " of the Lord Bishop of B. at C." 
 
 Or, " of the Peculiar and Exempt Jurisdiction of B. at B." 
 
 Or, « of the Archd n . of B. at C." 
 
 Or, "The Vicar General & Official Principal of the Lord 
 Bishop of B. in whom the whole of the ordinary jurisdiction of 
 the Archdeaconry of D. then vested, in consequence of the court 
 of s a . Arehd". (if* D. & all spiritual & archidiaconal jurisd". of 
 the archd y . having been inhibited & suspended by s d . Lord 
 Bishop preparatory to his visiting s d . archd y . as part of his 
 diocese, Did &c." (an above). 
 
 (c) If Deeds previously abstracted be here recited, they should 
 1» referred to in the usual way — as, " the before abst d . Indres ; " 
 but, if not, they should be here set out as they t stand in the 
 deed.
 
 TO FREEHOLDS. 141 
 
 who had heen duly sworn, full power to administer & duly 
 dispose of the goods & chattels of s d . A. Bell left unadmin d . 
 by s d . W. Bell (the sole ExOr of his s d . Will) limited so far 
 as concerns — 
 
 ALL the] Right, Title, & Inf. late of him s d . A. Bell 
 in & to s d . abst*. Premes during the residue then 
 unexpr d of s d . term of 500 years thin then to come & 
 unexp d . , 
 
 AND all benefit and advantage whats'. to be 
 derived thfrom. 
 
 And s d . Bishop [or, " Archdeacon "] deputed & constituted 
 s d . Smith AdniGr accord y of — 
 
 ALL & singular the goods & chattels of s d . A. Bell 
 left unadmin d by s d . W. Bell, & so limited as afs d . 
 
 BY INDENTURE, of surrender of this date, made between— 16 F eb -» 
 The s d . Wm. Smith, of the one part— & The s d . Rhuben Bell 1846- 
 of the other part ; 
 
 RECITING that s d . Jon n . Bell died seised of s d . Pres & 
 that s d . A. Bell had died intestate & possessed of the s d . 
 abst d . pres for the then residue of s d . Term. 
 
 AND RECITING the bef e . abst Indre and Letters of 
 AdrnGn. 
 
 AND ALSO RECITING that s d . Smith had, at the 
 req'. of s d . R. Bell, ag d . to surr r . s d . Term so far as respects 
 the s d . abst d . pres : 
 
 IT IS WITNESSED that in conson of 5s. to s d . Smith p d . by 
 s d . R. Bell, he s d . Smith did surr r . & yield up unto s d . R. 
 Bell, his Exors, Admors, & Ass s . 
 
 THE before abst d . Pres called " The Four Acres," or 
 " Sharpe's Mead ; " & secondly desc d . in the last abst d . 
 Indre, — 
 
 Together with Appurts, — 
 
 And all the Estate, & c . 
 
 TO HOLD the same unto s d . R. Bell, his Exurs, Admurs,
 
 142 ABSTRACTS OF TITLES 
 
 & Ass*, during all the residue now nnexp d . of s d . Term 
 of 500 years. 
 
 TO THE INTENT that the same sh d . & might thence- 
 forth become merged & exting d . in the Freehold Rev 11 . & 
 Inhance of & in s d . abst d . Pres. 
 
 COVENANT by s d . Smith that he had done no act 
 to incumber. 
 
 EXECUTED by s\ Smith & duly att*. 
 
 4 Novr., THE SAID John Bell, the eldest son of s d . R. Bell, was 
 
 1854. born. 
 
 CERTIFICATE of his Baptism. (See note a, p. 8L) 
 
 1 Septbr., THE SAID Simon Bell, second son of the s d . R. Bell, was 
 
 1855. born. 
 
 CERTIFICATE of his Baptism. (.See note a, p. 84.) 
 
 9 July, BY WILL of this date, [executed in the presce of & att d . by 
 
 1806. 3 Wit s .,] The s d . Jas. Bell (a) after giving a specific Legacy 
 
 of £20 to each of his nephews Simon & Timothy Bell, (the 
 
 Sons of his Brother s d . R n . Bell,) — He gave & devised (inter 
 
 aha,) — 
 
 THE SAID Close of land & Heredits so allotted to 
 him, (s d . Testor) under the last ahst d . Ihdre of Release 
 
 as afs d ., — 
 
 UNTO his other Nephew s d . John Bell, by the desc n . of — 
 
 " THE Cottage & Garden I now live in ; " 
 
 TO HOLD the same unto his (s d . Testors) s d . Nephew John 
 Bell, & his Heirs for ever, — 
 
 AND s d . TestOr charged the same Heredits [& Premes] with 
 the pay', of the two Legacies [so beq*. to s d . Simon & Tim 7 . 
 Bell as last ment d .] 
 
 (a) When the Title commences with a will, the following 
 words, " who was solely & absolutely seised of the Inhauee in 
 fee simple in possession of the premes hlnafter ahst 4 .," — should 
 be inserted here, if found in the Will.
 
 TO FREEHOLDS. 143 
 
 AXD s'\ Testor, after revok g . his former will, app*. s'\ J. B. 
 sole Exor of his s' 1 . will : 
 
 EXECUTED in the prSsce of, & att d . by 3 wit". 
 
 BE s d . Jas. Bell, died. ? Q ^ nuary ' 
 
 1807. 
 
 THE s d . John Bell proved s d . will in the Court of the Bishop 25 May, 
 of C, at B. Kent. 1807 - 
 
 BY DEED POLL [of this date] under the Hands & Seals of 1 Not., 
 
 s*. Simon Bell, He, s d . S. Bell, Did release, quit claim, & give 
 
 up unto s d . John Bell, his Heirs, Exors, Adniors, & Ass 8 ., — 
 
 AS well s d . Legacy so [given &] heq d . to him by the 
 
 last abst d . Will as afs d ., As also all Claims and 
 
 Demands in respect or on ace', of the same. 
 
 EXECUTED by s d . S n . Bell & att d . by 3 Wit*. 
 
 THE SAID John Bell died Intestate, aged 74, leaving 20 March, 
 George Bell, his eldest Son, him surviving, who claimed & 10 ~ ■ 
 thupon entered into posson of his Beal Estate as his Heir-at- 
 law. 
 
 CERTIFICATE of the Burial of s d . John Bell. (See note a, 
 p. 84.) 
 
 CERTIFICATE of the Marr e . of s d . John Bell with Ann 
 Carr, 1 st . Jan. 1826 (a). (See note a, p. 84.) 
 CERTIFICATE of the Baptism of s d . George Bell, who was 
 born on the 25 th . Oct. 1827. (See note a, p. 84.) 
 
 THE SAID Simon Bell died. ?827 gUSt ' 
 
 CERTIFICATE of his Burial. (See note a, p. 84.) 
 
 THE SAID G. Bell died a Minor & unmarried, wluipon the lg28 pn 
 
 (a) Sometimes the certificates and dates of birth are thus 
 shewn; but it is submitted that the form given in page 84 is 
 preferable, where they follow in chronological order. 
 
 Similar forms are given ; but these cannot well be dispensed 
 with, without causing some confusion in the chain of the title
 
 144 ABSTEACTS OF TITLES 
 
 s d . Cottage, Gde"n, Close of Land, & Heredits, descended to 
 his Nephew Silas Bell, the Son of Simon Bell, the Brother of 
 s d . John & Tim y . Bell, dec", his Heir-at-law, as will appear by 
 the following pedigree {here set it out as ante,) (pp. 87, 93). 
 
 CERTIFICATE of the Burial of s d . G. Bell. (See note a, I 
 p. 84.) 
 
 CERTIFICATE of the Marr e . of s d . Simon Bell with Hannah 
 Jones, on the 4 th . of March 1826. (See note a, p. 84.) 
 
 CERTIFICATE of the Baptism of s d . Silas Bell, their Son, 
 who was born on the 21". of Dec. 1826. (See note a, 
 p. 84.) 
 
 CERTIFICATE of the Baptism of Andrew Bell, Son of s*. 
 Simon & Hannah Bell, who was born on the 15 th . of Sep'. 
 
 1827. 
 
 7 April, THE SAID Silas Bell died Intestate & without issue, leaving 
 1828. Andrew Bell his only Brother him surviving, who thupon 
 
 took posson of s d . Cotte, Garden, Close of Land, & Heredits, 
 
 as his Heir-at-law. 
 
 CERTIFICATE of the Burial of s d . Silas Bell. (See note a, 
 p. 84.) 
 
 30 Deer. BY INDENTURES of Feoffment, [of this date] (with 
 1830. Livery of Seisin endorsed thereon & witn d . (a)) made be- 
 
 tween s d . Andw. Bell, then of Hoalt afs d . Labourer, (who was 
 the only Brother of s a . Silas Bell, then late of the same 
 place, Labourer, dec d ., who was the Son of Simon Bell, 
 thrtof. of, & c ., Lab r . dec d ., & Nephew & Heir-at-law of 
 George Bell, formerly of, & c ., Lab'., dec d ., who was the 
 eldest Son & Heir-at-law of John Bell, formerly of, &% 
 Husbandman, dec d ., (b) ) of the one part, & Win. Piatt, of 
 Merton, in the Parish of Stoke afs d ., Baker, & Wm. Coats, of 
 the same place, Auctioneer, of the other part ; 
 
 (a) If inserted here, the memorandum to the same effect at 
 the end of the precedents must, of course, be omitted. 
 
 (7/) When a pediprree like this, is verified by affidavit instead 
 of certificates, the affidavit should be copied at length.
 
 TO FREEHOLDS. 145 
 
 IT IS WITNESSED, that in conson of [the sum of] £450 
 to s d . Andw. Bell, & of 10s. by s d . Coats then paid by s d . 
 Piatt, He, s d . A. Bell, Did grant, bargain, sell, alien, enfeoff, 
 & confirm unto s d . Piatt & Coats, their Heirs & Ass"., — 
 
 ALL THAT Piece or Parcel of Land, being the Site 
 of s d . Cottage or DhSuse & Outho". called " Sharpe's,' 
 comp d . in the before abst Indres [of the 14th & 15th 
 of Feb y ., 1800, (p. 137)] then late in the occon of s d . 
 Andw. Bell, but which had then been lately thrown 
 into, &, with the Gden formerly thunto belong*, formed 
 part of the Close or Parcel of Land next thin & 
 hmafter desc d . ; 
 
 AND ALSO All that Close, Piece, or Parcel of 
 Meadow or Pasture Land theretofore comn ly . called 
 "The Four Acres," or "Sharpe's Mead," but then 
 better known by the name of " Bell's Close," cont g ., 
 tog r . with the beforement d . Heredits [& Premes] by 
 adraeasS 5a. Or. H\\, situate at Hoalt afs d ., & then 
 late also in the occon of s d . Andw. Bell, & then of s*. 
 Piatt ;— Which s d . piece or parcel of Land & HerSdita 
 first above desc d ., (being the site of s\ Cotte, or 
 Dhouse & Outhouses,) were formerly the Estate & 
 Inhance of s d . Khuben Bell, dec d ., from whom the 
 same descended to (his son) s d . John Bell, dec d . ;— And 
 which s d . close, piece or parcel of Land, & Heredits, 
 lastly above desc d . were anciently the Land & Inhance 
 of s d . Jas. Bell, who by his before abst' 1 . Will pave & 
 dev d . the same to s d . John Bell, & his Heirs for ever, 
 [Subject neveless (if so) to & charged with the pay*, of 
 s d . two Leg 8 , of £20 each, th'by beq d . to s d . Sim. & 
 Tim. Bell, the former of whom had since duly released 
 the same] — as afs d ., 
 Tog', with aii Houses,— Appurts, &c. 
 And the Keversion, 
 And all the Estate, &c. 
 Together with all Deeds, &c. 
 TO HOLD the same unto s d . Piatt & Coats & their 
 Heirs,
 
 14G ABSTRACTS OF TITLES 
 
 TO THE USE of s a . Piatt & Coats & the Heirs, & 
 Ass', of s d . Piatt, but as to the Estate & In', of s d . 
 Coats, 
 
 IX TRUST for s d . Piatt, his Heirs & Ass" abs y . 
 
 WARRANTY by s d . A. Bell of the sev 1 . Heredits & Prerogs 
 before desc d ., unto & to the use of s d . Piatt, his Heirs & Ass*, 
 against himself s d . A. Bell, & his Heirs, & Ancestors, & all 
 Persons claiming under him them, or any or either of 
 them (a) ; 
 
 POWER from s d . Bell to B. Piatt, of Wake afs d ., Grocer, to 
 deliver posson of s d . abs d . Pres [to s d . W. Piatt his Heirs or 
 Ass 8 .] 
 
 EXECUTED by s d . A. Bell, & duly attested, & 
 RECEIPT for £450 endorsed, signed, & witn d . 
 
 MEMORANDUM of Livery of seisin [by s d . B. Piatt] to s d . 
 W. Piatt, on the 31 of Dec r . 1830, end d . & witn d . 
 
 30 Decr , BY A STATUTORY DECLARATION of this date the s d . 
 
 1833. George Burt, of Hoalt afs d . Gentleman, solem y . declared that 
 
 he was then 81 years of age ; — That he well knew the 
 family of s d . Andrew Bell : — That s d . A. Bell, was the only 
 Brother of Silas Bell, then late of Hoalt afs d ., Labourer, dec d . ; 
 — That s d . S. Bell, was the son of Simon Bell thtofore of the 
 same place, Labourer, dec d . the Nephew & Heir-at-law, of 
 George Bell, formerly of the same place, Labourer, dec d ; — 
 AND THAT s d . G. Bell, was the eldest son & Heir-at-law, 
 of John Bell, formerly of the same place, Husbandman d . dec*. 
 AND s d . Burt solemnly & sincerely decl d . the same to be 
 true accord 15 , to the prov". of the [Act of Pari'.] 5 & 6 W. 4. 
 
 DECLARED at Maidstone, before [H. M.] a Com- 
 missioner to administer oaths in Chancery in England. 
 
 (a) Sometimes this Warranty is made to include " all other 
 pera uis whomsoever," and sometimes it stops at the preceding 
 word "Heirs." This pari should therefore always be noticed, 
 and correctly stated, in order that it may be seen how far the 
 warranty really extends.
 
 TO FREEHOLDS. 147 
 
 BY BOND, of this date, under the Band & Seal of b*. 80 Deer., 
 Andw. Bell,— He, [s d . A. Bell,] bound himself, his Heirs, ] 
 Exors, & Admors, uuto s d . Piatt, his Heirs, ExGrs, A: 
 AdmOrs, in the penal sum of £40, for indemnify him s 11 . 
 Piatt, his Heirs, Exors, & Admors, against the pay', of s\ 
 Legacy of £20, so beq d . to s d . Tiniy. Bell by the last abst d . 
 Will as afores d . 
 
 BY INDENTURES of Lease & Release, [of these dates,] 21 & 22 
 the latter made between— The s d . Wm. Piatt & Sarah his Feb -' l8S1 - 
 wife, of the first part, — Wm. Pitt, of Ryde, in the Parish of 
 Burton, in the Co. of Southampton, Grocer, of the 2 d . part — 
 Abel Dunn, of the same place, Mealman, of the 3 d . part, — & 
 several other Parties, not interested in the [property'which 
 is the] subject of this Abs 1 ., of the 4 th . & 5 th . parts,— after 
 
 RECITING the last abst Indre («) of the 30 th Dec r ., 1830 
 
 (p. 144). 
 
 AND RECITING (amongst other things irrelevant to this 
 
 Title (b) ), that s d . Pitt had cont d . with s d . Piatt for the 
 
 absolute purch e . of the Fee-simple & Inhance in poB86n of 
 
 s d . Close, Piece, or Parcel of Meadow or Pasture Land, & 
 
 Heredits, free from all Incumbs, at the sum of £500 : 
 
 IT IS WITNESSED, that in the conson [of the sum] of 
 
 £500, to s d . Piatt then paid by s d . Pitt,— He s d . Piatt & 
 
 Sarah his wife Did, & each of them Did, grant, bargain, sell, 
 
 (a) When two deeds of the same date, as a release and an 
 assignment of a term, are previously abstracted, as is sometimes 
 the case, they should be here designated as " the last abst' 1 . 
 Indre of Release " or " Assignment," &c. 
 
 (b) Or, " unconnected with this Title." Or, " whereby it 
 appeared that s d . A.B. was then possesstd of or ei titled 1" two 
 
 several sums of £ and £ due to him upon security of 
 
 certain Leasehold Premises, situate at K.. in lierks." Or, 
 " whby it appeared that under & by virtue of certain Indre.- of 
 Lease and Rele, dated, & c ., certain' Mioses & other Heredits ft 
 Pres thin desc' 1 ., situate at K. afs d ., with the appurts, then stood 
 limited— To certain uses for preventing Down thin particularly 
 ment d ." Or "that certain other pres thin particularly ment*., 
 but not included with those before desc*. bad been oonV. 
 & assured unto & to the use of s". A. 15. his Heirs A: Ass', for 
 e\er;"— ((jiving the effect of the Recital* thus cunci»< ly.)
 
 148 ABSTRACTS OF TITLES 
 
 alien, release, & confirm unto s d . Pitt (in his actual possOn 
 then being, &c.) & to his Heirs (a), — 
 
 THE parcels afs d ., — (as desc d . in the last abst d . 
 Indie, p. 145), 
 
 TOGETHER with all Ways,— Appurts, &c. (except 
 [& always reserved] unto s d . Piatt, his Heirs & Ass'., 
 a Right of Way over, along, & upon, the foot or 
 pathway now used by s d . Piatt over, along, & upon 
 s d . Heredits [& Premes] to a certain Pump & Well at 
 the northern extremity thereof; — And also except, 
 [& always reserved] unto s d . Piatt, his Heirs & Ass*., 
 the use of the s d . Pump, Well, & Water therein 
 jointly with s d . Pitt, his Heirs, & Ass'.,) 
 
 And the Reversions, &c. 
 
 And all the Estate, &c. 
 
 Together with all Deeds, &c. 
 
 TO HOLD the same (except as afs a .) unto s d . Pitt, & his 
 Heirs, — 
 
 TO THE USES, upon the Trusts, & for the intent & 
 purposes thinafter decl d . & hlnafter exp d . concerning the 
 same ; 
 
 COVENANT by s d . Piatt (amongst others) for 
 himself, & for s d . Sarah his wife, his & her Heirs, 
 ExGrs, & AdmGrs, — That he s d . Piatt & s d . Sarah his 
 wife, (she thereby consenting) would, in or as of 
 Hilary Term then last, Easter Term then next, or in 
 or as of some subseq'. Term, acknowl". & levy unto s d . 
 Pitt, & his Heirs, One or more Fine or Fines 
 Sur cognizance \de droit come ceo,'] &c, with proclam- 
 tons, of the Heredits [& PremGs] by the now abst*. 
 Ifidre conve d . & assured by the descri". of, — " Two 
 blesses, 4 Outho*., 2 Yards, 2 Orchards, 10 acres of 
 Meadow, & 10 a.:res of Pasture Land, with the 
 
 {a) Or, " [inter alia] with other property lately sold to CD." 
 (cw the case may be).
 
 TO FREEHOLDS. 149 
 
 Appurts, in the Parish of Wake, in the County of 
 Kent," — or by such other apt names & descr"' as 
 should be suffi'., comprise, & pass the same : 
 
 DECLARATION & Agreement, That s d . Fine or Fines 
 when levied, & all other Fines then ackn d . & levied, or 
 which should thlnafter be ackn d . & levied of s\ Heredits [& 
 PremGs], by or between s d . Piatt & [Sarah his] wife & >'. 
 Pitt, or any or either of them, should, as to the same 
 Heredits, Be & Enure — 
 
 TO SUCH USES (a) upon & for such Trusts, & for 
 such ends, intents, & pposes, & with, under, & subject to 
 such Powers of Revocation & new Appm*. ass' 1 , Pitt by 
 any Deed or Deeds by him duly exet d ., or by his last 
 Will & Test, in writing duly exet d ., should direct, limit, 
 & app*. ; And in default of, & until any such diron, 
 limon, or app'., & so far as the same is incomplete, should 
 not extend (b) 
 
 TO THE USE of s d . Pitt, & his Ass 9 ., during [the 
 term of] his [natural] life, sans waste; — And aftei 
 the determun of that Estate in his life-time, — 
 TO THE USE of s d . Dunn, his Exurs & AdmOrs, 
 during the life of s d . Pitt, In Trust neveless, for s d . 
 Pitt, & his Ass 8 , — with Rem r . — 
 
 TO THE USE of s d . Pitt, his Heirs, & Ass*., for 
 ever : 
 
 COVENANT by s d . Piatt (amongst others) for him- 
 self, his Heirs, Exurs, & Admurs, with s d . Pitt, his 
 Heirs & Ass 8 , (as to, the Heredits [& PremSs] before 
 abst d .) — That he, with s d . Sarah his wife, was seised 
 in his demesne as of Fee, 
 
 (a) When the Donee of the power has died without executing 
 it, the subsequent uses may be omitted, and the following sub- 
 stituted, — 
 
 "TO certain uses (for preventing Dower) therein 
 expressed." 
 (h) So when the Donee is unmarried, or was married since 
 1833, the following uses may be omitted and the last reference 
 adopted.
 
 150 ABSTRACTS OF TITLES 
 
 Had power to convey in manner afs d ., — 
 
 For peaceable enjoyment, — 
 
 Free from incumbrances, & — 
 
 For further assurance : 
 EXECUTED by s d . Piatt, & [Sarah his] wife, [& the 
 sev 1 . other pties thto of the 4 th . & 5 th . parts,] & duly 
 att '., & — 
 
 RECEIPT for £500 endorsed, signed & witn d . 
 
 Hilary INDENTURES of Fine, Sur conusance [de droit come ceo] 
 
 1°G ' jy (fee, [of this date] levied with proclamons. between s d . Pitt, 
 (1831-5 ' Pltiff, & s d . Piatt & [Sarah his] wife (& others), Deforciants, 
 of— 
 
 TWO Messes, 4 Outho 8 ., 2 Yards, 2 Gardens, 2 
 Orchards, 10 Acres of Meadow & 10 Acres of Pasture 
 Land, with the Appurts, in the Parish of Wake, in 
 Kent, & c . 
 
 3 & 4 BY INDENTURES of Lease & Appointment & Release, 
 
 March. of these dates, the latter made bet". — The s d . Wm. Pitt, 
 
 1832 - then of No. 3, High Street, Portsea, Hants, Wine Merchant, 
 
 of the 1 st . part,— The s d . Abel Dunn, of the 2". part,— & 
 
 George Jones, of Fareham, Hants, Gent n , of the 3 d . part, — 
 
 RECITING the last abst d . Indre & Fine; 
 
 AND RECITING that s d . Pitt had applied to s d . Jones 
 for a loan of £500, which he had agreed to advance on the 
 security of s d . Premes — 
 
 IT IS WITNESSED, that in conson of £500 to s d . Pitt paid 
 by s d . Jones, He s' 1 . Pitt did direct limit & appoint — 
 
 THAT all s d . abst' 1 . Premes : 
 
 SHOULD thenceforth go, remain, continue & be unto 
 s d . Jones, & his Heirs ; 
 
 TO THE USE of s d . Jones, his Heirs & Ass"., for ever, 
 freed & abs y . disch" 1 . from the last abst d . mortge, but — 
 
 SUBJECT neveless to the Proviso for RedOn thin- 
 after cont' 1 .
 
 TO FREEHOLDS. 1 .". I 
 
 AND IT IS FURTHER WITNESSED, that in conaOn of 
 
 5'. to s d . Dunn, paid by s d . Pitt, he s d . Dunn, by the dirOn of 
 s d . Pitt (test*, as thin meut' 1 .), did barg"., sell & rele, & .-:'. 
 Pitt, for the consons afs d ., did grant, barg"., sell, rele, ratify 
 & confirm unto s d . Jones — 
 
 . . . THE Parcels afs d . by the descr". cont d . in the before 
 abst d . Indies of the 30 ,h . Dec r . 1830, & 21". & 22 '. 
 of Feb 7 ., 1831 ; And also all that the M6ss*. 
 or DhOuse which had then lately been erected 
 thereon, — 
 
 And all the Houses, — Appurts, & c . 
 
 And the Revon, &". 
 
 And all the Estate, &\ 
 
 And all Deeds, & c . 
 
 TO HOLD the same unto s d . Jones, & his Heirs. 
 
 TO THE USE of s d . Junes, his Heirs & Ass'., for ever ; 
 
 SUBJECT neve'less to the Proviso thnafter 
 cont d . (a) 
 
 PROVISO, Declaration & Agreement, that if s d . Pitt, his 
 Heirs, ExOrs, Admors or Ass 8 ., should pay or cause to be 
 paid unto s d . Jones, his Exors, Admors or Ass'., the fuil sum 
 of £500, with hit*, alter the rate of £5 percent, per annum, 
 
 [with 1 , any deduction,] on the day of then next, 
 
 he s d . Jones, his Heirs, Exors, and Admors, would at the 
 request, costs & charges of s d . Jones, his Heirs, Exors or 
 Admors, reoonvey & reassure s d . Premes unto s d . Pitt, his 
 Heirs or Ass 3 , or as he or they should direct, free from all in- 
 cumbs to be committed by s' 1 . Jones, his Heirs or Ass'., in 
 the meantime. 
 
 (a) This proviso is sometimes set out iu a different form, 
 thus : 
 
 " Subject neveless to a Proviso thin cont d . for BedoQ & 
 Reconveyce," [or, if leasehold, " Beassgn', ;it the costs 
 of s' 1 . Pitt, his Heirs or Ass 8 .," or for "cesser of 6 d . term," 
 as the case may be~], ou pay'. & c ." {as flbovt , down to the 
 words "then next.") 
 
 M 2
 
 152 ABSTRACTS OF TITLES 
 
 PROVISO, (a) Declaration & Agreement, That if 
 default sho d . be made in pay', of s d . princ 1 . Sum & Inf., or 
 any part thof, contrary to the afs d . Proviso (of which non- 
 pay', the prod", of the now abst B . Indre should be at all times 
 conclusive evidence & (if so) if s d . Jones sh d . at any time 
 aftw d '. give to s\ Pitt his Heirs, Exors, Admors, or Ass 8 , or 
 any or either of them or leave at his or their last known 
 place of abode in England, notice in writing of his or their 
 intentions to exercise the now absf. power unless s d . prin e . 
 sum with all inf. & costs occas d . by the non-pay', thof sho d . 
 be paid, at the expiron of — cal d . months after the giving or 
 delivery of such notices, it should be lawful for (but not 
 incumbent on) s d . Jones, his Heirs, Exors, Admors, & Ass*., 
 then or at any time thereafter, without any further consent 
 or concur", of s d . Pitt, his Heirs, Exors, Admors or Ass 8 , to 
 sell & absol y . dispose of all or any part of the Premes, thereby 
 granted & rele d . & before abst d ., either with or without 
 special Condons or restrfms as to the Title or orwise, & either 
 by Public Auction or by Private Contract, for such sum or 
 sums of Money, as could be obtained, or he or they should 
 think fit & for this purpose to enter into all such contracts, 
 acts, mat tersA- things as sho d . be consid' 1 . exped'.; And to convey 
 & assure s d . Premes, when sold, unto the Purchaser or respive 
 Pure", thof, his Heirs, Exors, AdmOrs, or Ass'., or as he or 
 they should direct ; And as to the Monies to arise from or to 
 be produced by such Sale or Sales, [in the first place] to pay 
 all Costs & Exp 8 , attending such Sale or Sales, & to become 
 payable by virtue of the now absf. Indre ; And [in the next 
 place] to pay the s d . princ 1 . Sum of £500, & all Inf. then due 
 in respect thof; And [in the last place,] to pay the residue 
 (if any) of the s d . Monies unto s d . Pitt, his Heirs, Exors, 
 Admors or Ass". : (5) 
 
 ('i ) If this power lias not been exercised, instead of this clause, 
 say — " Poweb of Sale in default thereof — not exercised," [or, 
 " which has not been exercised."] 
 
 ('/) Tins form should follow the words of the powers. It is 
 not In re given as a general precedent, but simply to show the 
 mode of setting it out.
 
 TO FREEHOLDS. 153 
 
 FURTHER Declon & Agreement, that the Rec". of B a . 
 Jones, his Exors, Admors or Ass s ., for the Pur*, & all ether 
 Monies payable to him or them under or by virtue of the 
 now abst g . Ifidre, should effect 7 , disch*. the Purchaser & 
 Pure". & all other persons paying the same, from all reap ins*. 
 in respect of the mis-applSn or non-applon thof; And tliat 
 it should not be inenmb'. on the Purc r . or Pure", to inquire 
 into the necessity or propriety of any such Sale or Sales, or 
 whe r . any such default had been made ; — or any express 
 notices given as afs d . : nor should they be affected by express 
 notice thof: 
 
 COVENANT by s d . Pitt to pay s d . princ 1 . Sum & Inf. 
 accordingly, — 
 
 That he was lawfully seised, — 
 
 Had good right to grant, — 
 
 That s d . abst d . Pres sho d . remain to the uses & upon 
 the Trusts [for sale] afs' 1 ., & the rents & c . be rec d . 
 accordy. 
 
 Free from incumbs, — 
 
 For further assurance, & 
 
 To insure s d . Dhouse in the name of s d . Jones, bis 
 
 Exors, Admors or Ass 8 , against loss or damage by 
 
 fire to the amount of £400, — 
 PROVISO & Agreement for reducing the rate of Interest 
 from £5 to £4 per cent, if punctually paid, (a) 
 
 PROVISO & Agreement that not more than £ sho d . be 
 
 ultimately recovble under the now abst g . Iiidre. 
 
 ATTORNMENT by s d . Pitt as a yrl 7 . tenant to s d . Jones of 
 s\ abst d . Premes, at the yrl y . rent of £ payable half- 
 yearly ; — 
 
 PROVISO, Declaration & Agreement, that nothing in the 
 now abst e . Iiidre con d . sho d . abridge, prejudice, or aff 
 of the rights or remedies of s d . Jones, his Heirs, Exors, AdmOra 
 
 (a) [Or, " if paid within 28 days after it should become due."]
 
 154 ABSTRACTS OF TITLES 
 
 or Ass s . as such mortgages as afs a . ; but that he & they sho a . 
 be at lull liberty to assert & exercise such rights or remedies, 
 or any, or either of them [by foreclosure or orwI>e] like an 
 ordinary iuortg". either concurrently with or separately from 
 the Power thin he fore cont d . 
 
 EXECUTED by s d . Pitt, Dunn & Jones, & attested 
 by two witn'. & — 
 
 RECEIPT for £500 end d ., signed & witn a . 
 
 15 June, BY INDENTURE of further charge [of this date (a)] s d . 
 Wm. Pitt charged — The s a . abst a . Premes with the appurts 
 with the pay 4 , of the further sum of £50, with Int*. after the 
 rate of £5 per cent, per ann. — And he declared that the s a . 
 Premes sho d . not be redeemed or redeemable until full pay'. 
 thSf & that all the Powers,Provisoes, Declon s ., Cov". & Agree 19 ., 
 & parlarly the Power of Sale cont a . in the last abst a . Ifulre 
 should be applicable to & available for the recovery as well 
 of the s d . sum of £50 as of the s a . sum of £500 thb y . sec a . : 
 
 EXECUTED by s a . Pitt, &att d . by two witn 8 .,&— 
 Receipt for £500 end a ., signed & witn d . 
 
 15 Jan., BY AN ENDORSEMENT of this date, on the last abst d . 
 
 1 *•*■•• Ifidre signed by s d . George Jones [& duly attested], he ex- 
 
 pressly acknowledged that he had that day rec d . from s d . 
 W. Pitt the princ 1 . sum of £50^- thereby secured together 
 with all interest due in respect thereof; and undertook 
 to execute a Recofiv**. of s d . abst a . premes at the expense 
 of s a . Pitt whenever called upon to do so. 
 
 SJuly, The s d . W. Pitt committed an Act of Bankruptcy, upon 
 
 1833. 
 
 («) There are often recitals in these deeds ; whenever they 
 
 occur they should be shortly recited thus : — 
 RECITING the before abst d . Mortg". (p.— );— 
 AND RECITING that s' 1 . Jones had agreed to advance the 
 further Bum of £50 on sec*, of s' 1 . Premes: — 
 
 IT IS WITNESSED, that s". Pitt Dm, for himself, his Heirs, 
 
 Exors, & Admdrs, by the now abst g . Iudre, charge, &c. (as 
 
 above).
 
 TO FREEHOLDS. 155 
 
 which he was found & declared Bank*, on the 20"'. Dec*. 
 following (1833). (a) 
 
 BY INDENTURE of Bargain & Sale [of this date,] Uanuary, 
 made between A. B. — C. D. — & E. F. (being the major part ' 
 of the Commissioners named in the cornm". of Bank?. 
 [awarded &] issued against s' 1 . W. Pitt), of the one part, & 
 Jas. Thomas, of, &c, Grocer, & John Williams, of, &c, Tea 
 Dealer, of the other part ; — after — 
 
 RECITING, That His Majesty's Comm". under the Great 
 Seal of Great Britain, grounded upon the Statutes [made 
 &] then in force concerning Bank"., bearing date [at 
 Westminster] the 12 th . ofNov r . then last, had been [awarded 
 &] issued against s d . Pitt, directed to s d . A. B. — C. D. — & 
 E. F. Esq"., together with G. H. & I. K, Gent"., thereby 
 giving unto them [s d . Comm".], or any 4 or 3 of them, full 
 power & autho y . to execute same ; 
 
 (a) The act of Bankruptcy, unless material to the title — as, 
 for example, to shew that a deed executed shortly before the 
 Bankruptcy was in fact executed prior to the act upon which it 
 proceeded was committed, — need not be shewn ; and as now 
 there are no provisional or general assignments of Bankrupts' 
 Estates, the proceedings may, especially where brevity is 
 desired, be shortly stated, as below. But when the conditions 
 are included in the recitals in a subsequent deed, they can be 
 set out in the Abstract of such recitals, instead of being stated 
 substantively. (But see p. 67. — Eds.) 
 
 The s' 1 . W. Pitt was [on his own Pet".] declared a Bank'., & 3 July, 
 thereupon W. W., of & c ., Esq r ., became the Official Assignee of 1837. 
 his Estate & Effects, & 
 
 James Thomas, of &% Grocer, & John "Williams, of &«., Tea 24 July, 
 Dealer, were chosen the Trade [or, Creditors'] Assignees of the > s " • 
 Estate & Effects of s d . Bank 1 . 
 
 The before abst d . Pies were offered for Sale by Public Auction, 16 
 at the Crown Inn, at Portsea afs 4 ., at which *'. Wood was 1837. 
 declared the purc r . thof at £500, subject to the 6)11*. condons of 
 the sale; and thereupon he paid into the hands of the Auct r . 
 [or, Vendor's Solicitor] a Deposit of £00, in part thof accord*, to 
 such condons. 
 
 The foil 6 , are the condons above referred to (Here a I tin m 
 out.)
 
 156 ABSTRACTS OF TITLES 
 
 AND RECITING, that the major part of s d . Comm". 
 had duly qualified themselves to act in s d . Comm". [by 
 taking the Oath required for that purpose], & having begun 
 to put s d . Comm". into execon, [upon due examon of Wit*. 
 & other good proof before them taken], had found that s d . 
 Pitt, for 14 years before the date of s d . Comm"., [carried 
 on &] followed the trade of a Grocer, and during all that 
 time did [seek &] endeavour to get his livelihood thereby 
 [as others of the same trade & bus 8 , usually did], & s a . 
 Pitt so [seeking &] endeav B . to get his living thereby, had 
 become indebted to H. E., of, & c ., Merchant, in the sum of 
 £720, and being so indebted as afs\, Did, before the date 
 & suing forth of s d . Comm 11 ., in the judgm*. of the major 
 part of s d . Comm"., become Bank'., within the meaning 
 of the Stat 9 , in s d . Comm 11 . named, [or then in force] & was 
 by them found & declared Bank*. accord y . 
 
 AND ALSO RECITING, that on the day of the date 
 of the now abst 6 . Indre [being the day app d . accord*, to 
 the London Gazette, for the choice of an Assignee or Asses 
 of s d . Bank*" Estate & Effects], the s d . Comm". met at the 
 Court of Comm". of Bank' 7 ., London, & the major part in 
 value of the Creditors of the s d . Pitt (a) then present, whose 
 Debts resply amounted to £20 & upwards, Did then & 
 there [nominate &] choose s d . Thomas & William to be the 
 Asses of the Estate & Effects of s d . Pitt ; 
 
 AND ALSO RECITING, that s d . Comm". part 9 , thereto, 
 in further execon of s d . Comm"., & of the Stat 9 , therein 
 ment d ., had also [found &] discovered or it otherwise 
 appeared to them, that s d . Pitt, at the time he became 
 Bank*, as afs d ., or afterwards, was seised or pGssed of, or 
 interested in, & ent d . unto several Freehold Lands, Messes 
 or Ten'". & Estates, in s d . Co 7 , of Kent, & elsewhere : 
 
 IT IS WITNESSED, that s d . Comm"., parties to the now 
 abst*. Ifidre, in further excon of s d . Comm". & by virtue 
 thereof & of the Stat 9 , thin mcnt d . ; & in conson of 10s. to 
 
 (o) The word " Bank'." may now be substituted for the name, 
 if preferred.
 
 TO FREEHOLDS. 157 
 
 them paid by s d . Assees, Did, & each of them Din, as much 
 as in them laid & they lawfully might, order, dispose* grant, 
 bargain, sell, assign, transfer & set ever unto s\ Asses, their 
 Heirs & Ass 9 ., — 
 
 ALL THE Freehold Messes, Lands, Ten* 8 . & II credits, 
 situate [& being] in the Co y . of Kent, & elsewhere, in 
 the Kingdom of Great Britain of him s d . Pitt, — 
 
 ToG r with all Houses, Appurts, &c. 
 And all the Estate, &c., 
 
 TO HOLD the same unto s d . Asses, their Heirs & Ass*., 
 
 for ever, — 
 
 IN TRUST for the immed . preserv n . thereof, But 
 Neve'less To & for the use, benefit & advantage of 
 themselves, & all other the Cred". of s d . Pitt who had 
 then sought, or should thereafter in due time come in & 
 seek relief under or by virtue of s d . Coram"., accord 8 , to 
 the Stat 8 , therein ment d .; 
 
 COVENANT by s d . Assees, for themselves, their 
 Heirs, Exors & Admors, with s d . Comm". part', to 
 the now abst g . liidre, their Exors & Admors, — To use 
 their best endeavours, to recover the Estate & Effects 
 of s d . Bank 4 ., & when the same should come into their 
 posson, with all conv'. speed to sell & convert the 
 same into Money; And also — to collect Debts, — to 
 render Acc t3 . to Comm". when required by them so 
 to do, — to pay sums rec d . to Comm". for the general 
 benefit of s d . Cred"., & until a Dividend should be 
 made,— to pay Monies rec d ., when & as they should 
 am', to £100, into a Banker's hands,— & to indemnify 
 Comm". 
 
 EXECUTED by the Comm". (part', thoreto) & 
 
 duly att d ., &— 
 
 INROLLED in [Her Majesty's High Court of] 
 
 Chancery, the 19 th . of Jan"., 1834, Roll 295. 
 
 BY ORDER of the Court of Bankcy, of this date, the s d . 1
 
 158 ABSTRACTS OF TITLES 
 
 Trade Assees were directed to sell the before abst d . Pres by 
 auction. 
 
 2 & 3 BY INDENTURES of Lease & Release [of these dates], 
 
 Nov., 1834. the Rele made bet n .— The s d . G. Jones, of the 1 st . part — The 
 
 s d . Jas. Thomas & John Williams (as such Assees as afs d .), 
 
 of the 2 nd . part,— Paul Stone, of, &c, Gent"., of the 3 d . part, 
 
 — & Isaac Paine, of, &c, Yeoman, of the 4 th . part, — after — 
 
 RECITING the s d . Coram", of Bank*, against s d . Pitt 
 (p. 155);- 
 
 AND RECITING the before abst d . Indres [of the 3 rd & 
 4 th day of March, 1832, and the 1 st day of Jan y ., 1834 
 (pp. 150, 155) ] ;- 
 
 AND ALSO RECITING, that s d . Jones under & by 
 virtue of the Power of Sale cont d . iu the last abst d . mortge, 
 & with the privity of s d . assees, caused s d . Heredits [& 
 Pres] thin & next hmafter ment d . or referred to, to be 
 put up to Sale by Public Auction, on the 10 th . of Oct', 
 then last, at which sale s d . Stone was declared to be the 
 purc r . thuf at the sum of £500, & he thupon paid into the 
 hands of the Aucf. the sum of £60, by way of deposit, & 
 in part of s d . purc e . money, conformably to the Condons of 
 such sale then exhib' 1 ; — 
 
 AND ALSO RECITING, that s d . Pitt had then lately 
 dep d . this life, & that s d . Dunn was also dead, & that it had 
 been thfor c . agreed that s d . Heredits [& Premes] should be 
 conv d . to s d . Wood in manner thin & hlnaft'. ment d . ; — 
 
 IT IS WITNESSED, that in consGn [of the sum] of £00 so 
 paid by s d . Stone [to the auct r . in part of s' 1 . pure , money] 
 as afs d ., & [of the further sum] of £500 [the residue of s d . 
 purc e . money,] then paid by s d . Wood to s d . Jones, with the 
 a]prob n . of s d . Assees (tested as thin ment d .), [the pay', of 
 which s d . sum of £60, & the Rec 4 . of which s d . Sum of £500, 
 making tog r . the Sum of £560, & that the same were in full 
 for the abs e . purc c . of s d . Heredits [& Premes], he s d . Jones & 
 s d . AssGcs thereby ackn d .,] — They s d . Jones & Thomas & 
 Williams as such Assees as afs d . Did, & each of them Did,
 
 TO FREEHOLDS. 150 
 
 bargain, sell, alien, & release, & so iar as tbey resp'ly 
 lawfully could or ought, both by the rules of Law & Equity, 
 Did, & each of them Did, grant & confirm unto s d . Stone, & 
 his Heirs, — 
 
 THE Parcels afs d ., (as desc d . in p. 145,) — 
 
 ToG r . with all Houses,— ApptLrts, &c. — 
 (In his actual posson, then being, &c), — 
 And the Reversion, &c. 
 And all the Estate, &c, 
 And all Deeds, &c. 
 TO HOLD the same unto s d . Stone & his Heirs,— 
 
 TO THE USE of such Person or Persons, upon such 
 Trusts, for such Estates & Interests, Intents & Purposes, 
 & in such Manner, & with, under & subject to such 
 Powers, Declons, & Agree", as s d . Stone should by Deed 
 or Will duly executed direct or appoint, And in default 
 thereof, 
 
 TO THE USE of s d . Stone during his life,— And 
 after the determon of that Estate in his lifetime, — 
 
 TO THE USE of s d . Paine, his Fxors & AdmGrs, 
 during the life of, & In trust for, s d . Stone & bis 
 Ass 8 ., — with Kem r . — 
 
 TO THE USE of s d . Stone, his Heirs & Ass'., for 
 ever : — 
 
 COVENANT by s d . Jones & by s d . Assees, for 
 themselves resply, & for their respire Heirs, ExOrs, .V 
 Admors, with s d . Stone, his Heirs and Ass'.,— That 
 they had done no act to incumber ; — 
 
 COVENANT by s d . Piatt for himself, his Heirs, 
 Exors, & Admors, with s d . Stone, hi.- Heirs & Ass'.— 
 That he was lawfully seised, — ■ 
 Had good right to grant,— 
 
 For quiet enjoyment— against himself & all persoDB 
 claiming under him or his ancestors, —
 
 160 ABSTRACTS OF TITLES 
 
 Free from all Incumbs, & — 
 
 For further Assurce; 
 EXECUTED by s d . Jones & Assees, & duly att d , & 
 RECEIPT for £560 by s d . Asses end d ., signed, & witn d . 
 
 CERTIFICATE by [A.B & CD.] 2 perpetual Comm". for 
 the Co. of K. of the acknowledgment of the last abst d . Iildre 
 (marked D) by Sarah Piatt (a) endorsed thGn. 
 
 9 Deer., OFFICIAL CERTIFICATE of such acknowledgment. 
 1834. 
 
 7 April, BY INDENTURE, of this date, made in pursuce of " An 
 1857. Act of Pari', to facilitate the convnyce of Real Property," (6) 
 
 bet". The s d . Paul Stone, of the one part, & Job Wood, of 
 
 Wake afs d ., Merchant, of the other part : 
 
 IT IS WITNESSED that, in conson of £600 to s a . Stone 
 then p d . by s d . Wood, as th'by ackn d , He s d . Stone Did grant 
 unto s d . Wood, his Heirs & Ass 8 ., for ever, — 
 
 THE PARCELS aforesaid, by the desc". in p. 145. 
 
 1. The s d . Stone covtd with s d . Wood,— 
 
 2. That he had a right to convey s d . Lands to s d . 
 Wood, notwithst g . any act of s d . Stone, — 
 
 3. That s d . Wood sho d . have quiet posson of s d . 
 Lands, — 
 
 4. Free from Incumbs, — 
 
 5. And s d . Stone fur r covted with s d . Wood that 
 he wo d . ext°. such fur r . assurces of s d . Lands as 
 might be requisite. 
 
 (a) If the Deed be acknowledged by more than one parry 
 here add the names and set out the Certificates, thus : 
 
 12 Novr., OFFICIAL CERTIFICATE of the acknowledgment by a\ 
 
 1840. A. B. 
 
 16 Novr., OFFICIAL CERTIFICATE of the ackm\ by s d . C. D. 
 
 1840. (i,) 8 & 9 Vict. c. 119, since repealed by Stat. Law Rev. Act, 
 
 1874 (2).
 
 TO COrYIIOLDS. 1C1 
 
 DECLARATION That no widow of s d . Wood should be. 
 dowable out of s d . abst d . Prcs or any part thfif. 
 
 EXECUTED by both s d . parties & duly attd., &— 
 
 RECEIPT for £600 end d ., signed, & witn\ 
 
 As to the COPYHOLD part of tiie Premises 
 
 CALLED "CROOK'S." 
 
 BY the Custom of the Manor — the eldest Son shall inherit 
 the father, — the Widow [of the tenant dying seised] is 
 entitled to Free-bench, — & a Fine of £250 certain, & a fat 
 Heifer, as an Heriot, is payable on the Death of the Customary 
 Tenant. 
 
 BY COPY of Court Roll, [of this date,] of the Manor of 16 Oct , 
 Stoke, in s d . Co y . of Kent,— 183 °- 
 
 IT IS STATED, that Win. Bankes, Esq'., Lord of s d . 
 Manor, at the Gen 1 . Court Baron held in & for s d . Manor, 
 on the 16 th . of June, 1820,— 
 IN CONSIDERATION [of the sum] of £500 to him then 
 paid by s d . John Gill, of Wake, within s d . Manor, Yeoman, 
 as the Heir (claiming by custom) of s d . John Gill, late of 
 the same place, Yeoman, — Did grant unto s d . Gill, by the 
 hands of J. B., the Steward of s d . Manor [for the time being], 
 seisin, by the delivery of the Rod, accord 8 , to the custom of 
 the same Manor, of — 
 
 ALL THAT Copyhold or Customary Messe or Ten 1 ., 
 with the Outho 9 ., Barns, Yard, Garden, Orchard, or 
 Paddock thunto adjoin"., & Close or Parcel of Land 
 thunto belong* 5 ., called "Crook's," contain 8 , altog*. by 
 Estmon 6a. lr. 6p., situate [& being] within the 
 Parish of Wake & Manor afs d . th'tofore.in the occon 
 of John Crook, since of Wm. Crook, his son, then 
 late of s d . John Gill, — 
 Tog', with all Appurts, &c.
 
 1834. 
 
 162 ABSTRACTS OF TITLES 
 
 TO HOLD the same unto s d . John Gill, & his Heirs — 
 
 TO BE HOLDEN of the Lord of s d . Manor by Copy of 
 Court Roll, (a) accord 6 , to the Custom thof, by Fealty, 
 Suit of Court, Heriots, when they should happen, & the 
 ancient ami 1 . Rents, & other Customs, Duties, & Services 
 thfore due & of Right accust d . ; And so (saving the 
 Rights of the Lord,) s d . John Gill was admitted Tenant 
 thereof in manner afores d ., & his Fealty was respited, &c. 
 
 2 Sept., B Y DEED POLL, (b) [of this date,] under the Hand & Seal 
 of s d . John Gill,— He, s d . John Gill, Did make, ordain, con- 
 stitute, & appoint C. M., of &c, Gent"., his lawful Attorney, 
 for him & in his name & stead to appear at the then next, or 
 at some subseq 1 . General or special Court Baron or Customary 
 Court to be held for s d . Manor, & then & there to surr r . into 
 the hands of the Lord or Lords, Lady or Ladies, of the same 
 Manor, for the time being, by the hands & accept", of the 
 Steward or Deputy Steward there then presiding, by the 
 Rod, accord 6 , to the Custom of s d . Manor, — 
 
 ALL & singular the Copyhold or Cust y . Heredits 
 [& Pres], with the Appurts, which he then held of s d . 
 Manor, — 
 
 And the Reversion, &c. 
 
 And all the Estate, &c. 
 TO THE USE & behoof of such Person & Psons, & for 
 such Estate & Estates, Ends, Intents & Purposes, as he 
 s d . John Gill by his last Will & Test', in Writing then 
 already male, or thraf r . to be made, had given, dev' 1 . 
 directed, limited, or app d ., or should give, devise, direct, 
 limit, or appoint the same : 
 
 [AND generally, to do all such Things as should be ex- 
 
 (o) Sometimes it is held "at the will of the Lord, according 
 to the custom," &c. This distinction should always be carefully 
 shewn, in order that it may be seen whether the property is 
 actually Copyhold or Customary Freehold only ; see ante, p. 23. 
 
 (//) Surrenders to the uses of wills were abolished by 1 Vict. 
 c. 20, and therefore this and the next are given as forms only.
 
 TO COrYIIOLDS. 1G3 
 
 pedient for making such Surr r . as afs' 1 . ; which s d . John Gill 
 thereby promised to allow & confirm.] (a) 
 
 EXECUTED by s d . Gill, & att d . by 2 wit". 
 
 BY COPY of Court Roll [of this date], of s d . Manor after— 20 Oct., 
 
 1834 
 RECITING the before abst d . Grant & the last abst d . Deed 
 
 Poll [or Letter of Attorney] ; 
 IT IS STATED, That at a Court Baron held for s d . Manor, 
 t on the 16 th . of Ocf. then inst*., s d . John Gill, one of the 
 Cust y . Tent", of s d . C. M., his Att y . in that behalf [by virtue 
 of the last abst d . Deed Poll, or Power of Attorney, inrolled 
 at that Court,] lawfully constit d ., Did in open Court, sur r . 
 into the hands of the Lord of s d . Manor, by the hands & 
 accept 06 , of s d . [J. B. the] Steward [there for the time being], 
 by the Rod, accord g . to the Custom of s d . Manor, — 
 
 THE Parcels afs d .,— (as desc d . in the last abst d . Copy 
 of Court Roll, p. 1G1,) — with their Appurts, — 
 And the Reversion, &c. 
 And all the Estate, &c. 
 TO THE USE & behoof of such Person & PsCns & c . 
 [precisely as in the last form. (6)] 
 
 BY WILL of this date— The' s d . John Gill, then of Wake 25 Jany., 
 afs d ., Yeoman, gave & beq d . (inter alia) — 
 
 ALL THAT his Copyhold or Cust y . Ten 1 , called 
 " Crook's " as the same was then in his own occGn, — 
 UNTO his two Sons Mark & Luke Gill, share & share 
 alike ; — 
 
 TO HOLD the same unto them s d . Mark & Luke Gill, & 
 
 their Heirs for ever, accord*, to the Custom of s*. Manor,— 
 
 SUBJECT neveless to the Pay', of his just Debts & 
 
 (a) This clause may always be omitted, unless the particular 
 terms of the power have been necessarily exceeded. 
 
 (b) This, and similar references, marked with an asterisk, 
 throughout the following Copies of Court Roll, are made merely 
 for the sake of confining this work within a prescribed limit, 
 and not for example.
 
 1G4 ABSTRACTS OF TITLES 
 
 Fun 1 . & Test 7 . Exp 8 ., (a) & the Pay'. & Perform'*, of 
 the Rent, Heriots, Customs & Services thefore due & 
 of right accust d . in respect thereof; 
 
 AND s d . Testator revoked his former wills & app d . s d . Luke 
 Gill sole ExOr of s d . will which was — 
 
 EXECUTED & publ d . [by s d . J. Gill,] in the pres". 
 of & att d . by 3 wit 8 . 
 
 NOTE. — This will [if so,] has not been proved, but it is 
 registered, so far as it relates to the before abst d . Pres on 
 the Court Polls of the s d . Manor. 
 
 26 June, THE s d . John Gill died, without revoking or altering the Last 
 abst d . Will, which was proved by Luke Gill, the sole ExGr, 
 in the Prerogative Court of Canterbury on the 7 th . of Sept',, 
 1840.— (b) 
 
 CERTIFICATE of his Burial. (-See note a, p. 84.) 
 
 30 Oct., THE HOMAGE presented the death of s d . J. Gill. 
 1844. 
 
 H±l cU ' BY COPY of Coukt Roll, [of this date] of s d . Manor after— 
 
 RECITING the last abst d . Will [of s d . John Gill]:— 
 
 IT IS STATED, That at a Court Baron that day held for s d . 
 Manor s d . Mark Gill & Luke Gill [s d . two Sons & Devis". 
 named in the last abst d . Will of s d . John Gill], attended & 
 cfeimed to hold of the Lord of s d . Manor, by virtue of s d . 
 Will, & prayed to be admitted Ten' 8 , in Fee-simple of — 
 
 THE Parcels afs d ., — (by the desc". cont d . in the 
 before abst d . Copy of Court Roll of the lG ,h . of Oct'., 
 1830, p. 161) :— 
 
 TO WHOM the Lord [of s d . Manor], by the Steward then & 
 there presiding, granted seisin thereof, by the Rod, of — 
 
 (a) Real Estates are, without express charge, made liable to 
 Debts by 11 Geo. IV. & 1 Will. IV., c. 47, but express charges 
 should thus be shewn. 
 
 (b) Sue note a, p. 97.
 
 
 TO COPYHOLDS. 1G5 
 
 . . . THE same Premes. with the Appurts ; 
 
 TO HOLD the same unto them s d . M. Gill & L. Gill, & their 
 Heirs, — 
 
 TO BE HOLDEN, & c . (*as ante, p. 162, down to) & so 
 (saving the Rights of the Lord), s d . M. Gill & L. Gill were 
 admitted ten ts . thof & paid the Lord on such admission a 
 Fine of £250 & a fat Heifer, as an Heiiot, and their fealty 
 was respited, & c . 
 
 BY COPY of Court Roll, [of this date,] of s d . Manor,— 7 March, 
 
 IT IS STATED, That s d . Mark Gill, then of &% Yeoman, 1846 - 
 who claimed to hold one moiety or half-part (the whole 
 into two equal parts being divided, or considered as 
 divided), of & in the Heredits [& Premes] last ment d ., by 
 virtue of the last abst d . Will, — at a Special Court Baron 
 held in & for s d . Manor, on the l 8t of March then inst'., — 
 
 IN CONSIDERATION of £200 to him then paid by Rob'. 
 Wye, then of, &°., Gent"., surrend d into the Hands of the 
 Lord of s d . Manor, by the hands & accept" of s d [J. B., the] 
 steward [there for the time being], accord 8 to the custom of 
 s d . Manor, — 
 
 ALL THAT his undivided moiety or half-part [the 
 whole into two equal parts being divided, or consid d . 
 as divided,] of and in — 
 
 THE Parcels afs d .— (see p. 161)— 
 
 Together with the Appurts, &'. 
 
 And all the Estate, & c . 
 
 TO THE USE & behoof of s d . Wye, his Heirs & Ass", 
 for ever, — Subject, neveless, to a — 
 
 PROVISO [or Condon] for Redon & for making void the now 
 abst g . Surr r ., on pay', by s d . M. Gill, [his Heirs, ExGrs, 
 Admors, or Ass 8 ., of the full sum] of £200 sterling, with Inf. 
 for the same after the rate of £5 per cent, per ami., on the 
 7 th of Sept', then next (being the same princ 1 . Sum & Inf. ELS 
 were ment d . to be secured by the, bond of s d . M. Gill to s 1 '. 
 Wye bear 8 , even date with the now abst 8 . Surrender). 
 
 N
 
 106 ABSTRACTS OF TITLES 
 
 Same date. BY BOND [of this date (a) s d . Mark Gill bound himself, his 
 Heirs, Exors & AdinGrs, unto s d . Wye, his Exors, AdmGrs & 
 Ass 8 ., in the Penal sum of £400, — 
 
 UPON CONDITION, that upon pay*, of s d . sum of £200 
 & Inf. accord 6 , to the last abst 4 . proviso, the same oblOn 
 should be void : 
 
 EXECUTED by a d . M. Gill & duly att d . ; the same 
 being stated to have been first audibly & distinctly 
 read over to him, he being blind, and he expressly 
 declared that he perfectly understood it (b) 
 
 Same date. BY COPY of Court Poll, [of this date,] of s d . Manor after— 
 RECITING the last abst d . Surr r .,— 
 IT IS STATED, That at the Court Baron held for s d . Manor, 
 on that day, s d . Wye came & prayed to be admitted tenant 
 
 of— 
 
 THE Parcels desc d . in the last abst d . Surr r . with the 
 
 Appurts thunto belong g : — 
 TO WHOM the Lord of s d . Manor, by the Steward there, 
 granted seizin, by the Rod, of — 
 
 THE same Heredits [& Premes], with the Appurts,— 
 TO HOLD the same unto s d . Wye & his Heirs,— 
 
 SUBJECT neveless to, & upon the condon ment d in s d . 
 last abst d . Sur r . &— 
 TO BE HOLDEN, &». (*as p. 162). 
 
 5 FeK BY COPY of Court Roll, [of this date,] of s d . Manor after— 
 
 1850. Reciting the last abst d . Surr'. & Admittance, — 
 
 (a) See note a, p. 134. 
 
 {b) If deaf or dumb, instead of the above, add—" the 6ame 
 being stated to have been first duly interpreted to him by sign, 
 (that being the usual mode of communicating with him) ; & 
 that he expressly signified he perfectly understood the same," 
 [or, " the nature & purport thereof,"] (according to the words 
 employt <l.) 
 
 It is the better way to show these special attestations when 
 they occur (which is but seldom), so that the efficacy of the deed 
 or document may be considered.
 
 TO COr-YIIOLDS. 1G7 
 
 IT IS STATED, That at a Court Baron that day held for s". 
 Manor s d . Wye, in conson of £205 (being the am', of all 
 Priuc 1 ., Inf. & other monies due to him upon or by virtue of 
 the last abst\ Sec 8 .) to him then paid by s d . M. Gill, surr d . 
 into the hands of the Lord of s d . Manor, by the hands & 
 accep". of the steward there, by the Rod, accord 8 , to the 
 custom of s d . Manor, — 
 
 THE Parcels comp d . in the last abst' 1 . Surr r . & 
 Admitt"., — 
 
 Together with the Appurts ; 
 
 And all the Estate, & c . 
 
 TO THE INTENT that the same may be regranted 
 unto & to the use [& behoof] of s d . M. Gill, his Heirs & 
 Ass 8 for ever. — [Freed & absolutely] Dische d . from the 
 Proviso or Condon for Piedon cont d . in the last abst d . 
 Surr r ., and all other Right & Equity of Redon \vhats r ., 
 — neveless 
 
 TO BE HOLDEN of the Lord of s d . Manor accord 8 , 
 to the custom of the same Manor, & c . (*as autt, p. 
 1G2). 
 
 BY COPY of Court Roll [of this date,] of s d . Manor after— 2 March. 
 
 1 S54- 
 
 RECITING the last abst d . Surr r .,— 
 
 IT IS STATED, That s d . M. Gill, at a Special Court Baron 
 that day held for s d . Manor, attended & Prayed to be re- 
 admitted tenant of — 
 
 THE same Heredits [& Premes], with the Appurts, — 
 
 TO HOLD the same unto s d . M. Gill, and his Heirs & 
 Ass 3 , for ever, — 
 
 TO BE HOLDEN of the Lord ofs d . Manor— [freed &] 
 Disched from the Proviso [or Condon] for Redon, & all 
 other right & Equity of Redon whats'., under or by virtue 
 of the before abst d . Surr r ., of the 7"' March, L846;— 
 Neveless, according to the custom of s d . Manor, &\ f*cu 
 p. 162.] 
 
 N 2
 
 168 ABSTRACTS OF TITLES 
 
 25 Octr., BY COPY of Coubt Roll [of this date,] of s d . Manor, 
 1854 - after - 
 
 RECITING the last abst d . WiU (p. 163),— 
 
 IT IS STATED, That s d . Luke Gill, who claimed the other 
 andivi*. moiety or half-part [(the whole into two equal parts 
 being divided, or consid d . as divided,)] of & in the Heredits 
 [& Premes], comp d . in the same Will, at a Court Baron that 
 day held for s d . Manor,— IN CONSIDERATION of £284 to 
 him paid by s d . M. Gill, — [He sd. L. Gill,] in open Court, 
 surr d . unto the Lord of s d . Manor, by the hands and accept". 
 of W. Wing,] the Deputy Steward then and there presiding, 
 by the Rod, accord g . to the custom of s d . Manor, — 
 
 ALL THAT his undivided Moiety, & c . (* as p. 1G5). 
 
 Together with the Appurts, &°. 
 
 And all the Estate, &<"., 
 
 TO THE USE of s d . M. Gill, & his Heirs for ever; 
 
 AND the s d . M. Gill, being pers y . present, was adm d . tenant 
 to the Heredits [& Premes] last ment d . ; 
 
 TO HOLD to him s d . M. Gill, & his Heirs for ever,— 
 
 TO BE HOLDEN of the Lord of s d . Manor by Copy of 
 Court Roll, accord 8 , to the Custom, &c. (* as jj. 162). 
 
 21 & 22 BY INDENTURE of Lease & Release, [of these dates,] 
 
 July. 1855. the latter made bet". Win. Bankes of Doncaster, in the Co y . 
 of York, Esq 1 "., (Lord of s d . Manor [of Stoke,]) of the one 
 part, & — the s d . Mark Gill, of the other part, — after 
 
 RECITING that s d . Bankes was seised to him & his Heirs 
 of s d . Manor for an Estate of Inhance in Fee-simple in 
 posson, free from all Incumbs. whats r . ; 
 
 AND RECITING the before abst d . Copy of Court Roll 
 cf the 16 th Oct r ., 1830 (p. 161),— the before abst d . Will, 
 of the 25 th Jan y ., 1839 (p. 163),— the last abst d . Copy of 
 the Court Roll [of the 25 th Oct r ., 1854] ; 
 
 AND ALSO RECITING, that the wife of s d . Bankes 
 was not entitled to Dower in, or out of s d . Heredits, the
 
 TO COPYHOLDS. If",!) 
 
 same having been barred by a Sett', exted previously to 
 their Marriage ; 
 
 AND ALSO EECITING, that s d . Bankes had, at the 
 parlar req'. of s d . M. Gill, & in conson [of the sum] 
 of £300, consented to enfranchise the Copyhold or Cust y . 
 Ten' 5 . & Heredits so held by s d . M. Gill of s d . Manor afs d . : 
 
 IT IS WITNESSED, that in conson [of the sum] of £300 
 to him s d . Bankes then paid by s d . M. Gill, He s d . Bankes 
 Did grant, bargain, sell, alien, release, enfranchise, and con- 
 firm unto s d . M. Gill, (in his actual posson then being, & c .) 
 & to his Heirs, — 
 
 ALL THOSE undiv d . moi s . or half-parts (making 
 tog r . the Entirety) of — 
 
 THE Parcels comp d [in and desc d .] in the before 
 abst d . Copy of Court BolL, of the 16 th of Oct r ., 1830 
 (p. 101),- 
 
 Together with all Houses, &c. — Bights, liberties, 
 franchises, rents, heriots, suits, services, duties, cus- 
 toms, burthens & appurts whats r . to the same Heredits 
 [& Pres], belon 8 . or in anywise incident or appert 8 . 
 
 And the Beversion, & c . 
 
 And all the Estate, & c . 
 
 ToG r . with attested copies of all Deeds, &c. 
 
 TO HOLD the same unto s d . M. Gill, his Heirs & Ass'.,— 
 
 TO THE only USE of s". M. Gill, his Beirs & Ass', for 
 ever, — Freed and absolutely acquitted, exon d , and disch*. 
 thenceforth and for ever thafter, from all mann er of cust y . 
 Fines, "Bents, Heriots, Suit of Court, Amerciamts, For- 
 feitures & other cust y . Pay"., Duties, Services, & Penalties 
 whats r ., which by, or accord 8 to the custom of s d . Manor, 
 
 (a) These general words should be set out, in order to show 
 that there is no right, or privilege, reserved to, or left in the 
 Lord ; but whenever an exception follows them, it is, of course, 
 equally proper to state that likewise. See ante p. 1!>.
 
 170 ABSTRACTS OF TITLES 
 
 the s d . Heredits [& Premes] so enfranch d ., or any part 
 thof, " were or was, or had been subject or liable to, or 
 charged with, or. which would owise be payable to, or to 
 be done & performed for the Lord or Lady, Lords or 
 Ladies for the time being of s d . Manor, for or in respect of 
 the same Heredits [& Premes], as Copyh d . holden of s*. 
 Manor : "— 
 
 DECLARATION & Agreement, That nothing in the now 
 abst g . Indre cont d . was meant to, or should enfranch 6 . any 
 other part or parts of the Copyh d . Heredits lying within s d . 
 Manor, or acquit, release or disch"., any other Heredits from 
 any fines, &c. (as within inverted commas — above.") 
 
 AND IT IS ALSO WITN D ., that for the consons 
 afs d ., & iu order to preserve to s d . M. Gill, his Heirs 
 & Ass s ., all such Eights of Common in, upon & over the Waste 
 Lands of s d . Manor or he s d . M. Gill, or any of his ancestors, 
 or predeces™., had thtof 6 . held, used, and enjoyed, as belon g . or 
 appur*. to the last abst d . Heredits [& Pies], notwithst 8 the en- 
 franchism* of the same, — He s d . Bankes Did grant & confirm 
 unto s d . M. Gill, his Heirs and Ass 8 ., for ever, — 
 
 ALL such Commonage, & Eight or Title, of, or to 
 Comfiage, of what nature or kind so r , in, upon, & 
 over all or any of the Wastes, Com*, and Comable 
 Land of, or belong to s d . Manor, as he s d . M. Gill, 
 immed 7 . previous to the execon of the now abaft 
 I mire, or any of his ancestors or predec"., held, 
 possSd or enj d . in respect of, or appur'. or belong 8 
 to, all or any of the Heredits & Premes so enfranch d . 
 as afs d ., — 
 
 And all the Freehold & Inhance of such Com'ble 
 Eights, &c. 
 
 TO HOLD the same unto s d . M. Gill, his Heirs & Ass', 
 in as ample & benefi'. a manner [to all intents and purposes] 
 as he s*. M. Gill, or any of his ancestors or predec"., had 
 thtofore used and exercised the same, or as he or his cust y . 
 Heirs could or might have used and exercised the same, if
 
 TO FREEHOLDS. 171 
 
 s d . Herdeits [& Prenies] last desc d . had not been so enfran 4 . 
 as afores 4 . ; 
 
 COVENANT by s 4 . Bankes, for himself, his Heirs, 
 Exors & Adinors, with s 4 . M. Gill, his Heirs & 
 Ass 8 ., — 
 
 That he was seised in Fee, — 
 
 Had full power to enfranchise and convey, in man- 
 ner afs 4 .,— 
 For quiet enjoyment, — 
 Free from incumbrances, — 
 For further assurance, & 
 
 To produce & show, at the costs of the party requir- 
 ing the same (a), the following Deeds, Evidences & 
 Writings, unto s d . M. Gill, his Heirs and Ass"., [or to 
 his or their Counsel, Attorney or Agent, in any Court 
 of Law or Equity, or upon any Comm"". for the 
 Examon of Wit"., &] upon every [other] reas'ble occas". 
 & to give true, neat & att d . Copies, Abst". & Extracts 
 thof; And, in the meantime, to preserve the same 
 [Deeds, Evid s . & Writings] safe, undefaced and un- 
 can 4 ., Fire, & other inevitable accidents, excepted : 
 
 PROVISO, Declaration, & Agree', that if s d . Bankes, his 
 Heirs or Ass". sho d . at any time thrfter, at his or their own 
 expense, procure from the person or psoas in whose custody 
 s d . Title Deeds, Evid 8 ., & writings sho d . then be, a similar 
 cov'. to that last abst d . and deliver the same to s 4 . Gill, his 
 Heirs, Apptes or Ass 3 ., then the last abst u . cov'. shall thence- 
 forth become void. 
 
 [The Schedule should be here copied verbatim.'] 
 EXECUTED by s d . Bankes, and duly att d . &— 
 RECEIPT for £300, ind d ., signed and witn d . 
 
 BY INDENTURES of Lease & Release, [ of these dates,] 
 
 the latter made bet" — The s d . Wm. Bankes, of the 1" part, — 2 & 3 
 
 Wm. King & Septima King, his Dau r ., (a minor of the age JIa 7» 1858> 
 
 (a) Or, " of the s d . Gill, hia Heirs, & Ass"."
 
 172 ABSTRACTS OF TITLES 
 
 of 20 years on the 10 th of Jan y . last) of the 2 d part,— Tho*. 
 Rix & Wm. Smith, of the 3 d part, — Sam 1 . Brown & John 
 White, of the 4 th part ; after — 
 
 RECITING that a Marr e . was then int a . to he solemn*. 
 
 bet". s d . Bankes & S. King, — 
 IT IS WITNESSED, that in conson. of s d . int d . Marr% And 
 also in conson of £12,000 agreed to be paid by s d . W. King to 
 s d . Bankes upon the solemn", thuf, as the Marr c Portion of s d . 
 S. King ; — And for making a prov". for her in case she should 
 surv e . s d . Bankes, & for the Issue (if any) of s d . int d . Marr e . ; 
 — And also in conson of 10s. paid to s d . Bankes by s d . Rix & 
 Smith (in their actual posson, &c.) & to their Heirs, — He s d . 
 Bankes Did grant, bargain, sell, alien and release unto s d . 
 Bis & Smith (in their actual posson, &c.) and to tbeir heirs, — 
 
 A CERTAIN Estate, situate at Doncaster in the Co 7 , 
 of York, called " Bell vue Park," with the appurts. 
 thunto belong 6 ., then in his own occon or [in the occon 
 of W. D. & W. T.] his undert' 3 . — 
 
 And the Reversion, &c. 
 
 And all the Estate, &c. 
 
 TO HOLD the same unto s d . Rix & Smith, & their Heirs, 
 To the Uses, upon the Trusts, & for the intents & 
 purposes following, viz. — 
 
 TO THE USE of s d . Bankes & his Ass 8 ., during his 
 life ; And in case of forfeiture in his lifetime, then — 
 
 TO THE USE of s d . Rix & Smith, & their Heirs, 
 during his life, In Tkust to preserve conting'. Rem™., — 
 Rem r . ; 
 
 TO THE USE & Intent that s d . S. King, if then 
 living, & her Ass 8 ., might receive thereout an Ann 7 , or 
 clear yrl y . sum of £500, payable quarR ; 
 DECLARATION & Agreement, & par'larly by & bet". s d . 
 Bankes & S. King, that such Ann*. sho d . be [taken &] 
 received by her as & in full for her Jointure, & in satisf". & 
 bar of all such Dower or Thirds, or other estate at Com". 
 Law, or by Custom, which she might have claimed in or out
 
 TO FREEHOLDS. 173 
 
 of all or any of the Freehold & Copyh' 1 . Heredits of which 
 s d . Bankes might he seised during the coverture het". them ; 
 
 WITH divers Rem", over, [as in the now abst". Indre is 
 expressed :] 
 
 EXECUTED by all parties, except s d . S. King, & 
 duly attested & by s d . S. King, on the 12"'. of 
 January, 1859. 
 
 MEMORANDUM, of [this date, of the Registry of the last 10 May, 
 abst d . Indre at York, endorsed & signed. 1856, 
 
 BY WILL of this date, the s d . Mark Gill (amongst other 5 May, 
 things) gave & devised — IB57. 
 
 ALL his Property called " Crook's," then in his own 
 occon, — 
 UNTO his son-in-law Tho 9 . Green of &c, Grocer, his 
 Heirs & Ass 8 ., for evermore : 
 AND s d . Testator, after revoking his former wills, app d . s d . T. 
 Green, sole Exor. of his s d . will : («) 
 
 EXECUTED & publ d . [by s d . M. Gill,] in the pres". 
 of, & att d . by 3 Witnesses. 
 
 BY A CODICIL annexed to the last abst d . Will & which he 
 dir d . should be [taken &] consid d . as part thof ; s". M. Gill 7 June, 
 gave & beq d . unto his nephew Henry Gill (son of his brother, 1858. 
 s d . Luke Gill),— 
 
 A Legacy [or Sum] of £100, — 
 AND Charged the same sum upon, & directed it to be paid 
 by s d . Green out of the last ment d . Prenies ;— and subject 
 thereto, & to the pay', thereof, — 
 
 SAID Testor confirmed his s d . Will in all other respects : 
 AND s d . Testor also dir d . & decl d . his Will to be,— That in 
 case s d . Green should neglect or refuse to pay the s d . Legacy to 
 s d . H. Gill within 6 cal r . months next after his dec ., then, or as 
 soon as conven y . could be thafter, his s d . Exors, Green & 
 Stone should sell & dispose of s d . Heredits [& Premes], either 
 
 (a) See p. 97.
 
 174 ABSTRACTS OF TITLES 
 
 by Public Auc". or Private Cont'., as they should think fit, 
 for the best price that could be obt d . for the same ; and also 
 that they his s rt . Exors sho d . stand possed of the Mo 8 , to arise 
 by such sale & the rents & profits (if any) rec a . by them in 
 the meantime, — 
 
 UPON TRUST, [in the first place,] to pay the Exp'. 
 attend 6 , such sale & the recovery of the Rents & Profits 
 of s d . Heredits [& Pies] ; and, [in the next place, &] 
 subject thereto, [In trust] to pay s d . Legacy [or Sum] 
 of £100 to s d . H. Gill, his Exors, Admors or Ass 8 ., or as 
 he or they sho d . direct or appoint; and [in the last 
 place, In trust] to pay the [Surplus or] Residue of such 
 Trust-monies to s d . Green, his Exors, Admors or Ass 8 ., 
 or as he or they should direct or appoint : 
 
 EXECUTED & publ d . by s d . M. Gill in the pres". of, 
 & att d . by 3 Wit 8 . 
 
 6 Jany., THE SAID M. Gill died, & his s d . Will & Codicil was duly 
 9 " proved by s d . Green, the Exor thof, in the Court of the Royal 
 
 Peculiar & Exempt Jurisdiction of D. in the Co y . of Kent, on 
 the 13 th of March following. 
 CERTIFICATE of his burial. 
 
 16 Feb., BY DEED POLL, [of this date,] under the Hand & Seal of 
 1859 - the s d . Henry Gill, then of No. 19, Rue Richelieu, in the City 
 
 of Paris, Upholsterer, He s d . Gill did [constitute <Sr] appoint 
 John Grant, his ExGr & AdmOr, his [lawful] Attorney for 
 him, s d . H. Gill, & in his name to sign, seal, & as his act & 
 deed, in due form of law, deliver — 
 
 A CERTAIN Indie, bear g . or int d . to bear date on or 
 
 about the 25 th of March then next, & to be made between 
 
 him s d . H. Gill, of the one part, & s d . Tho 8 . Green, of the 
 
 other part (as the case may be). 
 
 AND s d . H. Gill did, by the now abst*. Ifidrc, promise to 
 
 agree to ratify & confirm whats r . s d . Grant sho d . do or cause 
 
 to be done in the pres by virtue thuf. (a). 
 
 ( a) Or, " Executed in the presence of, & attested by the 
 British Consul at Paris, on the 23 d of DeC., 1S59."
 
 
 TO FREEHOLDS. 175 
 
 BY INDENTURE, [of this date,] made het n .— The s d . Henry 25 Man I., 
 
 Gill, (therein described as the Nephew & Heir-at-law, & also 18b0, 
 Legatee named in the Codicil to the Will of s' 1 . M. Gill 
 dec d .,) of the one part, — & the s d . Tho". Green (as Devisee 
 named in the s d . Will,) of the other part, after — 
 RECITING the last abst d . Will & Codicil ; 
 
 AND RECITING that s d . M, Gill died on the 6 ,h of Jan y ., 
 1859, without having altered or revoked liis last Will, 
 except as afores d ., & his s d . Will & Codicil, had then lately- 
 been proved in the Prerog Court of Cant*, by the s d . Green 
 [the Exor thof] : 
 
 AND ALSO RECITING, that s d . H. Gill was satisfied 
 
 that his uncle, being of sound mind & underst g ., fully 
 
 meant & int d . to give & devise the s d . Heredits last ment d . 
 
 to s d . Green by his s d . Will, in manner thin ment d . ; & being 
 
 thfore desir 9 . to further the intent", of s d . Testor, &'also to 
 
 prevent doubt, litigat"., & the exp°. of proving s d . Will in 
 
 the Court of Chan y ., by exam g . Wit", to perpetuate the 
 
 testimony thereof, he had, at the request of s d . Green 
 
 [consented &] agreed to [ratify &] confirm the s d . Will as 
 
 thin & hinafter ment d . : 
 
 IT IS WITNESSED, that for the pposes afs' 1 . and for 
 
 prevent 8 , all questions, controv 8 . & disputes, & all suits in 
 
 Equity whats r . concerng the validity or execon of s d . Will ; 
 
 and also in conson [of the sum] of £100 to s d . II. Gill then 
 
 paid by s d . Green, in [full pay*. &] discharge of s d . Legacy so 
 
 beq d . to him by the last abst d . Codicil as afs 4 ., Hb r; d . H. Gill 
 
 Did barg n , sell, ratify, & confirm unto s d . Green, his Heirs, & 
 
 Ass 8 ., — 
 
 ALL & SiNG r . the Heredits & Premes given & devised 
 to him s d . Green in & by the last abst d . Will [of s\ 
 M. Gill, dec-'.] 
 
 Tog', with the Appurts thunto belong 1 -'. — 
 And the Reversion, & c . 
 And all the Estate, &°. 
 TO HOLD the same unto, & to the use of s d . Green his 
 Heirs & Ass 8 : for ever.
 
 176 ABSTRACTS OF TITLES 
 
 AND IT IS ALSO WITN D ., that for the pposeg afs d ., He s d . 
 H. Gill Did, for himself & his Heirs, ratify, confirm, & 
 establish s d . Will [of s d . M. Gill, dec d .,] & the gift, devise, 
 & limon thin cont d . of the Heredits [& Premes] last above 
 desc d ., accord g . to the true mean g . thof of s d . Testor : 
 
 COVENANT by s d . H. Gill with s d . Green that he 
 had done no act to incumber ; 
 
 EXECUTED by s d . Gill, (by John Grant his s d . 
 Attorney,) [on the s d . 23 rd . of Dec'., 1859,] & duly 
 att d ., &— 
 
 KECEIPT for £100, end d ., signed & witn d . 
 
 4 July, BY INDENTURE, of this date, made in purs", of " An Act 
 1860. £ f ac iiitate the conveyce of Eeal Property," bet" the s d . 
 
 Tho". Green, of the one part, & Wm. White, of Wake, 
 
 aforesaid, Draper, of the other part : 
 
 IT IS WITNESSED, that in conson of £350 to Green then 
 p d . by s d . White (as thby ackn d .) He s d . Green Did grant 
 unto s d . White, his Heirs & Ass 8 , for ever, — 
 
 THE PARCELS afs d . (as des d . in the last abst d . 
 Iridre) which were then granted on a lease, bearing 
 date 10 th of Oct r . then last, to Amos Poore for a term 
 of 7 years commenc 8 . the next day. 
 
 Together with all Rights, Appurts, &c. 
 
 AND s d . Green covenanted with s d . White, — 
 That he had the right to convey, 
 Fok quiet enjoyment, — 
 Free from all Incumbs, — 
 And for further assurce : 
 
 DECLARATION by s d . Green that his Wife sho d . not be 
 
 Dowable out of the s d . Pres. 
 
 EXECUTED by s d . Green, & duly att d ., &— 
 RECEIPT for £300 end d ., sign d . & witn d . 
 
 18 Oct,, BY INDENTURE, of this date, made bet". b\ Thos. White, 
 1862. (a Bachelor), of the one part, & Benj n . Roberts, of Corn.*
 
 TO FKEEnOLDS. 177 
 
 Kent, Grocer, Win. Hurst, of the same place, Draper, & Wm. 
 Avon, of the same place, Maltster, of the other part, — 
 
 EECITING the before abst d . Will & Codicil & death of 
 s d . M. Gill, & of the last abst d . Deed Poll & Ifidre : 
 
 AND RECITING that s d . Roberts, Hurst, & Avon 
 were three of the Trustees of " The W. [Permanent] 
 Benefit Building Society," & that by the Rules & Regula- 
 tions of such Society, 5s. each month were to be con- 
 tributed by subscribers thereto in respect of each share in 
 the funds of such society ; 
 
 AND RECITING that s d . White, being a member of s d . 
 society, had taken up & subsc d . for 12 shares ; & that s a . 
 society had, th'fore, agreed to advance & lend him the 
 sum of £360 on security of s d . abst d . Pres. 
 
 IT IS WITNESSED that, in conson of £300 to s d . White 
 then paid by s d . Roberts, Hurst, & Avon (a), as such Trees 
 for & on behalf of s d . society, He s d . White Did grant & 
 release to s d . Roberts, Hurst, & Avon, & their Heirs, — 
 
 THE PARCELS afs d ., by the desc". cont d . in the 
 before abst d . Indres of the 21 st & 22 nd of July, 1855, 
 (p. 168). 
 
 And the RevGn, &c. 
 And all the Estate, &c. 
 And all Deeds, &c. 
 TO HOLD the same unto s d . Roberts, Hurst, & Avon, & 
 their Heirs ; 
 
 TO THE USE of s d . Roberts, Hurst, Sc Avon, & their 
 Heirs & Ass 8 , [for ever] ; 
 
 UPON TRUST so long as s d . White, his Heirs & 
 Ass 8 ., did & sho d . pay the s d . Subsc"'. & perform the 
 Rules prescribed in & by s d . recited articles .V the cov". 
 in the now abst s Indre cont d .,— to permit s d . White, his 
 
 (a) The word " Trustees " can be used instead of their name* 
 throughout the rest of the form.
 
 178 ABSTRACTS OF TITLES 
 
 Heirs & Ass 8 ., to hold & enjoy s d . abst d . Pres, to rec e . 
 the Reuts & Profits thof ; 
 
 POWERS for s d . Trees to recover & retain the Rents & 
 Profits of s\ ahst d . Pres : 
 
 POWER to sell s d . abst d . Pres, or any part th5f, in default of 
 payment [of s a . subscr n \], with Declun that the Rec' 9 . of the 
 Trees for the time being sho d . be effectual [or suff.] dis- 
 charges : 
 
 COVENANT by s d . White to pay s d . subsc 08 . accord*. ; 
 
 That he was lawfully seised ; 
 
 Had good right to grant ; 
 
 For quiet enjoyment ; 
 
 For further assume: 
 EXECUTED by s d . Green & duly att d . 
 RECEIPT for £360, end*., signed & witn d . 
 
 THE following endorsement appears in the last abst d . 
 Indre : — 
 
 " BY VIRTUE of the Act 6 & 7 W. 4, c. 32, s. 5. we the 
 undersigned, being Trustees for the time being of the within 
 ment d Benefit Building & Investment Society, Do hereby 
 acknowledge to have [this day] rec d . of & from the within 
 named S. All Monies int d . to be secured by the within 
 written deed. As witness our hands, this 22 d day of July, 
 1847." (a) 
 
 SIGNED by s d . Trustees [or, by 3 Trustees, namely, 
 Benj n . Jones, John Jeans, & Wm. Ford] & att d . 
 
 31 Aug., BY INDENTURE, of this date, made bet", the s d . Wm. 
 
 1807 
 
 White, of the 1"' part,— Wm. Warn, of No. 39, Aldersgate 
 Street, Merchant, Robt. Roe, of No. 2, Poultry, in the City 
 
 (a) Or, it may be more concisely given, thus — 
 
 " HKCEIPT by s d . Trustees, pursuant to the 6 & 7 W. 
 IV., c. 32, s. 5, for £ — , the full am', due on the last 
 abst a . Iiidre, end d ., sign d . & wit d ."
 
 TO FREEHOLDS. 179 
 
 of London, Merchant, & John Teal, of Milhrook Com., 
 Southampton, Gent., (three of the creditors of s d . White,) of 
 the 2 d part, — & The sev 1 . other persons whose names are 
 thflnto set & suhscrihed & seals affixed, also cred". of s J . 
 White,) of the 3 a part : 
 
 RECITING that s d . White was then justly indebted to 
 the sev 1 . parties thto of the 2 d & 3 d parts in the sev 1 . sums 
 set opposite their respive names in the schedule thunder 
 written, which he was unable to pay or satisfy ; 
 
 AND RECITING that he s d . White was seised of 
 (int. al.) s d . abst d . Pres, subject only the last abst d . 
 
 i mortgage. 
 AND RECITING that he s d . White being desirous that 
 all his Creditors should be paid equally as far as hi3 
 property would extend, had proposed & agreed to assign 
 s d . abst d . pres, with his personal estate & effects, to s d . 
 parties of the 2 d . part upon the trusts thinaf. exp d . 
 IT IS WITNESSED that [for the purpose of carrying s d . 
 Agree 1 , into execon, &] for the nominal conson thin exp\ 
 HE s d White Did grant and release unto s d . parties of the 2 d . 
 part (together with other property in [the Co y . of] Middlesex.) 
 ALL his Freehold Messes, Lands, & Heredits situate 
 at Wake afs d ., & then in the occon of R. D., (being the 
 before abst d . Pres,) 
 
 AND all other the Freehold Messes, Lands, & HerC- 
 dits, whats r . & wheres'. of which he * ,! . White, or any 
 person or psGns in trust for him, was or were seised or 
 possessed ; — 
 
 AND all appurts thto resply belong g . — 
 AND the Revon, &c. 
 AND all Equity of Pedon &c. 
 AND all the Estate &c. 
 
 TO HOLD the same unto s d . Warn, Roe, & Teal & their 
 Heirs. («) 
 
 (a) See note a, p. 177.
 
 180 ABSTRACTS OF TITLES 
 
 ... TO THE USE of s d . Warn, Koe, and Teal, their Heirs & 
 Ass 8 , for ever. 
 
 SUBJECT, neveles, to the s d . last abst d . mortg". 
 
 UPON TRUST with all conv'. speed to sell and abs y . 
 dispose thof either tog r . or in parcels by public 
 auction or private cont*. & either tog r . or in peels, & 
 with or with', special conditions relating to the Title 
 or orwise, for the best price or prices that cou d . be got 
 then or reasbly expected for the same ; & to convey & 
 assure the same, when sold, unto the purc r . or respive 
 pure", thof or as he or they sho d . direct : 
 
 DECLARATION & AGREEMENT that every Rec\ which 
 should be given by s d . Warn, Roe & Teal, or the Surv r \ or 
 Surv r . of them, or the Heirs or Ass 8 , of such Surv r . should 
 effectually disch e . the purc r . or purch". of s d . abst d . Pres from 
 all liability to see to the applon of the purc r . or other mo", 
 thin exp d . to have been rec d . for the misapplon or non-applon 
 thof: 
 
 INDEMNITY to the Trustees. 
 
 COVENANTS by s d . White that he was lawfully 
 seised, subject to s d . abst d . mortg e . 
 
 For quiet enjoyment, except as against s d . parties 
 of the 2 d . part, — 
 
 Free from incumbs, except s d . Mortge. 
 
 For fur r . Assurance : 
 
 EXECUTED by all s d . parties & duly att d . 
 
 20 Sept., BY AN ENDORSEMENT on the last abst d . Iiidre it 
 1867. appears that such deed was, on this date, duly registered [by 
 
 virtue of the Act (a) of Parliament for that purpose] at the 
 Registry for the County of Middlesex. [No. 8753.] 
 
 (o) This Act can be referred to by date ; thus— by virtue of 
 the stat. 7 Anue, c. 20.
 
 TO LEASEHOLDS. . 181 
 
 SEARCHES for Crown Debts, Annuities, & judgm**. 
 affecting this property within the last 5 years have been 
 made, hut none were found. 
 
 As to the LEASEHOLD Part of the said Premises 
 called " JACKSO-N'S." 
 
 L840. 
 
 BY INDENTURE of Lease, [of this date,] made bet". John 
 
 Hart, of &c, of the one part, & George Long, of &c, of the 29 Sept. 
 
 other part ; 
 
 IT IS WITNESSED, that as well in conson of the rents, 
 covenants, condons, & agreem". thinafter reserved and cont d . 
 [& hinafter ment a .], — as also in conson of £100, to s d . Hart 
 then paid by s d . Long,— He s d . Hart did grant, bargain, sell 
 and demise unto s d . Long, his exs., ads., and ass 8 . 
 
 ALL THAT piece or parcel of Land or Ground 
 whereon a Messe or Dhouse, Shop, Offices, & other 
 Outbuild 9 , then lately stood, & occup 4 . by Tho". Foe, 
 coniiily called or known by the name of " Jackson's," 
 contain 6 . altog r . by estmon la : 2r : (more or less), 
 sit e . at Wake afs d ., & then unocc ., — 
 Together with all Ways,— Appurts, &c, except a 
 certain right of way for A. B. & his ten ts ., & c . (a ttin§ 
 out the exception fully) 
 . And all the Estate, & c . 
 TO HOLD the same unto s d . Long, his Exurs, AdmSrs, & 
 Ass 9 ., from the day of the date of the now abst K . Ifidre for the 
 term of 99 years,— If he s d . Long, then aged about 33 years, 
 John his Son, then aged about G years, & Win. Long (son of 
 Philip Long then of &c), then aged 1 .wars or th&bouts, or 
 any or either ot them should happen so long to live; 
 
 AT [or under] the yearly Rent of £3, payableon the 25 th 
 of March, & the 29 th of Sep', in every year, the first pay*. 
 whof was to be made on the 25 th of March then next ; 
 
 COVENANT by s d . Long, for himself, his ExOrs, Ad- 
 mors, & Ass 9 ., with s d . Hart, his ExGrs & Admors — 
 

 
 182 ABSTEACTS OF TITLES 
 
 For pay', of s d . Ecnt accordingly, — & all Eates, Taxes, 
 & c .— 
 
 Not to assign with', the License in writing of s d . Hart, 
 his Heirs or Ass 8 ., [for that purpose first obtained,] — 
 
 Nor to open or delve on s d . Premes, except for the 
 
 purpose of build*, thou,- — 
 
 Nor to commit or permit any Nuisance thOn, — 
 
 And to leave the same [Premesj in good order, & any 
 
 build 8 *, which sho d . in the mean time be erected thon, 
 
 in good repair, at the expiron or sooner determGn of 
 
 s d . term. 
 
 PROVISO for Ee-entry (a) in case default sho d . be made in 
 
 pay', of s d . rent for 21 days after either of the days app d . for 
 
 pay', thuf as afs d ., (6) & on [non-observ". & non-perfor". of 
 
 the afs d . Cov". 
 
 COVENANT by s d . Hart, for himself, his Heirs, 
 Exors, & AdmGrs, with s d . Long, his ExGrs, AdmGrs, 
 & Ass". — For peaceable enjoym'., on pay', of the Eent 
 and perform", of the Cov". afores d . 
 
 PEOVISO (c) that as often as any quest", should arise as to 
 whe r . either of the s d . persons by whose lives, the s d . abst d . 
 Premgs are held, be dead, it should be incumbent on s d . 
 (lessee) to prove that such life is living, or in default thof he 
 should be deemed to be dead, (d). 
 
 EXECUTED by s d . Hart, & duly att d ,& 
 
 EECEIPT for £]00 end d ., but not signed or witn d . 
 
 N.B. — John Long, the son now resides at No. — High St. 
 
 (a) Or, more concisely— on non-payment of rent, — on suffer- 
 ance of waste, — & on non-performance of afs d . cov ,s . 
 
 (b) All events upon which the forfeiture is to take place 
 should be here briefly mentioned. 
 
 (c) See ante. p. 29. 
 
 (d) Or, Proviso that it sho d . be incumbent on the Lessee, if 
 required, to prove the existence of any s' 1 . lives [by which s d . 
 abet*, pres were held], & in default thof such lives sho d . be taken 
 to be dead.
 
 TO LEASEHOLDS. 183 
 
 Rochester, & is a grocer ; & Wm. Long is a Stationer, resid- 
 ing at No. — Rue S*. Honore, Paris. 
 
 BY WILL of this date, s d . Geo. Long— gave & beq d . ALL 2 April, 
 his Real & Pers 1 . Estate in the following words, 18 *" 
 namely, — 
 
 " ALL my Lands, Tenem'"., Heredits, & Real 
 Estate in Kent, Essex, &elswh e ., which 1 am any ways 
 seised of, or enti a . unto, — & all my Leaseholds Pers 1 . 
 Estate, & Mortes, Bonds, Special 3 ., & Credits whats r ." — 
 
 UNTO his friends Tho 8 . Faithful & Rich d . Goodmain, their 
 Heirs, ExGrs, AdmOrs, & Ass 8 ., [Upon the Trusts, & for the 
 intents & jxirposes foil 6 ., viz. — ] 
 
 UPON TRUST, as soon as coven y . might be after his s d . 
 Testor's dece, to call in & enforce pay', of all debts, Sum 
 & Sums of Money which sho d . be due to him upon 
 Mortg c . or other Security, — & also to sell & convert into 
 Money all such other parts of his Estate and Effects as 
 should not then consist of money, in any manner they 
 should deem most exped*., & for the most money that 
 they could obtain for the same, or as should to them 
 seem most reasble, («) 
 
 (a) The following Trusts are not material to this title; but 
 as they will be necessary in other cases, it is considered desirable 
 to abstract them here : — 
 
 AND as to the mo 8 , to be so, or in any other maimer rec\ 
 
 under or by virtue of the now abst s Will, — 
 
 UPON TRUST, [in the first place,] to pay his b*. 
 Testor's debts, funeral & testam y . Exp'., & the pecun y . 
 Leg", thlnafter ment". ; and after pay 1 thof, — 
 
 UFON TRUST, in the next place, to lay out & invest 
 the surplus [or " residue"] in their or his own narj 
 names, in the Parliamt y Stocks or Funds of G\ Britain, 
 or upon Real Sec 8 , at Inf., with liberty to alter ,v trans- 
 pose the same from time to time as often as they should 
 deem exped',— And to pay the Inf., Uivid'., & anD 1 
 
 o 2
 
 184 ABSTKACTS OF TITLES 
 
 AND s d . TestOr by the now abst E . Will decl d ., That the Eec u> 
 of his s d . Exors, or other the Trustees or Tree for the time 
 lieinj, of his s a . Will, sho d . be good disch'es to the Pure', or 
 Pure"., of all or any part of his s d . Estate & Effects, & other 
 psons paying them or him Monies under the afs d . Trusts ; — 
 And that such Pure', or Pure"., & other Psons, paying any 
 mo 8 , to them s d . Trees or either of them under s d . Trusts, & 
 taking their or his Keceipts or Rece'. accord y . should not 
 afterwds be liable to see to the applon thof, nor be aiisble for 
 the mis-applun or non-applon thof, or be obliged to inquire 
 whether such sale or sales was or were necess y . for all or any 
 of the purposes of s d . Will : 
 
 POWER for s d . Exors, or the surv r . of them, or the Exors 
 Admors, or Ass 8 , of such surv r ., to appoint any new Trustee 
 or Trees of s d . Will, &c [see similar Power, ante, p. 108] : — 
 with the usual clause for their indemnity : 
 
 AND s d . Testor after revoking his former wills app a . s d 
 Faithful & Goodmain joint Trustees & Exoors of his s d . Will, 
 which was— 
 
 Produce thereof to his wife, during her life, — & after 
 her dec ., to pay the same, or so much & such part or 
 parts thereof as they or he sho d . deem reasble, for & 
 towards the mainten 00 & educon of s d . Testor's Child"., 
 or the surv" or surv r . of them, until the youngest of 
 them sho d . attain the age of 21 years ; and then — 
 
 UPON TRUST, [in the last place], to pay, apply, & 
 divide the same, with all accumul"' (if any) thon, unto, 
 bet", & amongst all & every of his s d . Child & Child" 
 then living, & to his, her, or their Exors, Admors, & 
 Ass', share & share alike as Ten" in Common : 
 
 AND s' 1 Testor by the now abst R Will deel' 1 , That the pre- 
 suiiipt shares of his s d . Child", in s d . Trustmo 8 . should be 
 vested int". in them, when & as they sho d . resply attain the 
 age of 21 years ; — and, that the shares of such of them as, 
 f»ho d . die under that age sho d . go to & be divided amongst the 
 surv" or surv r . of them.
 
 TO LEASEHOLDS. 1 8 5 
 
 EXECUTED & publ*. in the presT. of, & att' 1 . by 2 
 Wit'., 
 
 THE s d . Testor died. 20 Oct. 
 
 CERTIFICATE of his burial. (See note b, p. 84.) 18W - 
 
 PROVED by s*. Faithful iu the Court of the Bishop 2 Dec. 
 of S. on the 2*. of Dec r . 1844 («). ' v I ' 
 
 BY DEED BOLL (b), of this date, after— 
 
 RECITING the last abst". Will,— 1S4 ''- 
 
 IT IS WITNESSED, that s d . R d . Goodman, (in the will 
 spelt Goodmain,) then of &c, for divers good causes & 
 cohsons him thunto moving, Did .disclaim, renounce, & 
 release, — 
 
 ALL Right, Title, In'., Claim, and Demand whats r . 
 in & to All & Sing', the Real & Pers 1 . Estate so 
 devised & beq d . to him jointly with s d . Faithful by 
 the last abst 4 . Will, as such Trustees & Exors thereof, 
 as afs d . ; 
 
 AND ALSO the Trusts of, & the burden of proving 
 the same Will : 
 AND s d . Goodmain app d . T. B. & C. K. of Doctors' Coin*, 
 [in s d . City of] London, Proctors, or any other proctor of the 
 Arches Court of Cant y , his lawful proct 5 . & proctor, jointly 
 & severally, for him, & in his name, to appear before the 
 Right Hofible Sir John Nichol, Knight, D. L., Keeper or 
 Commissary of s d . Prerog . Court [of CantcrlV.] (c) lawfully 
 constit d ., his Surrogate, or some other competent Judge in 
 that behalf, to exhibit his proxy, & pray & procure the 
 Renunciat". to be admitted & enacted accord' ; 
 
 (a) If one executor neither proves nor renounces the will, 
 here add— "power being reserved (if to) for .-'. (i. also to take 
 
 Probate thof." The death may be shortly hero thus—" The 
 Testor died on the 20th Oct., 1844." 
 
 {h) This is the preferable mode of al ■.-tract in- Deeds Poll 
 when they require to he attested by two or more witiie.-.-, 3. 
 
 (c) This ollice is now abolished, and renunciation would be to 
 the Probate Division of Her Majesty's High Court of Justice.
 
 1SG 
 
 ABSTRACTS OF TITLES 
 
 9 March, 
 1847. 
 
 AND generally to do all other Acts necessary to be 
 done in the premes : 
 
 EXECUTED by s d . Goodman, & att d . by 2 Wit . 
 
 BY AN INSTRUMENT, of this date, under the hand of 
 A. B., of &c. Esq., [the Lord— or, ".Steward" of s d . Manor,] 
 licence was granted to s d . . Faithful to assign- 
 
 THE s d . abs d . Pres — 
 
 UNTO George Penny, of &c. Gent, absolutely \or, "by 
 way of Morg e .,"] for all the then residue of s d . Term detble 
 as afs d . : 
 
 PROVISO that such license should not extend to any future 
 sale or assign', of s d . abst d . Pres. 
 
 11 March, 
 1847. 
 
 (./) Note, 
 lr. : .I//., 
 part of this 
 
 Jll'/t, ! 
 
 to /:. o., 4- 
 
 is now 
 fenced off. 
 
 BY INDENTURE of Assignment, [of this date,] made 
 bet".— the s d . Tho 8 . Faithful (as Exor of the last abst d . 
 Will), of the one part, & George Penny, &c, of the other 
 part, — after 
 
 RECITING the before abst d . Ihdre of Lease [of the 29 ,b 
 of Sept'., 1840,] (p. 181) ; 
 
 AND RECITING the last abst d . Will (p. 183),— the 
 
 Death of s d . Long, — the grant of Probate to s d .Faithful, — 
 & the last abst d . Deed Toll [or Renunc".]'; 
 
 AND ALSO RECITING, that s d . Penny had contr*. 
 with s' 1 . Faithful for the absolute pur", of s d . Leaseh d . 
 Premes, free from Incumbs, at the sum of £500 ; — 
 
 IT IS WITNESSED, that in conson [of the sum] of £500 
 to B d . Faithful then paid by s d . Penny.— He s d . Faithful Did 
 barg"., sell, assign, transfer, & set over unto s d . Penny, his 
 Ex firs, Admors, & Ass"., — 
 
 ALL THAT newly erected Mcsso or Dhoiise, Malth 
 Stable, & Outho . with the Yard, Garden, & Plot of 
 Pasture Land (a) thunto belong*, on the Site whCf, 
 or on some part thof, form y . stood a Public House, & 
 COmfily called or known by the sign of " The 
 Anchor," but then better known by the name of
 
 TO LEASEHOLDS. I 7 
 
 " Jackson's " situate at Wake afs 4 ., containing an 
 area of 2 acres more or less & then late iu the occGu 
 of The 8 . Foe & then of s d . Penny : 
 
 And all Houses, — Appurts, &e. 
 
 And all the Estate, &c. 
 
 ToG r . with s d . abst d . Lease, A'c. 
 
 TO HOLD the same unto s a . Penny, his ExOrs, Admors. 
 & Ass"., from thncef"'. for all the tlien Residue of s d . term 
 of 9U years, det'ble as afs d . (see p. 181) ; — 
 
 SUBJECT neveless to the pay'., observ"., & perform" 
 of the Rents, Gov"., Prov"., Condons, & Agreem". in & d . 
 [Indre of] Lease res d . & cont d . & on the Lessee's part 
 to be paid obs d . & perl*. 
 
 COVENANTS by s d . Faithful, for himself, his Heirs, 
 Exors, & Admors, with s*. Penny, his ExCrs, AdmOrs, 
 
 & Ass 8 ., — That he had done no act to encumber : — 
 
 COVENANTS by s d . Penny for pay', of rents & 
 perf". of Cov". 
 
 EXTED by s d . Faithful, & duly att d ., &— 
 
 RECEIPT for £500 end"., signed, & witnessed. 
 
 THE SAID Geo. Penny died Intestate, Leaving Henry 23 Jan. 
 Penny, of &c, Walter Penny, of &c. ;— Mary, the wife of 1848 - 
 James Saint, of &c., — Septima, the wife of Step". Perry, of 
 &c, — Maria, the widow of Tho\ Tulk then Late of &<•., — & 
 Caroline, the wife of Philip Watts, of &c., his only child". 
 him survi g . ; — And s d . II. Penny obt*. Letters of AdmOn (") 
 of his (s d . G. Penny's) Estate & Effects from the Prerog . 
 Court of Canterr/. (b), on the 17 th [day of] March, 1848. 
 Effects sworn under £5000. 
 
 ACT of Coukt on the Grant of such Admon. 17 Mar. h, 
 
 . l 
 
 (a) Durante minoritate, — or, de bonis non. 
 
 (6) Or, "the Court of the Archbishop, Bishop, or Arch- 
 deacon/' (or other Ecclesiastical Court) " of 11." (as the OOX uuty 
 be).
 
 188 ABSTRACTS OF TITLES 
 
 1852. BY INDENTURE of Assignment, [of this date,] made 
 
 be" 1 .— The s d . H. Penny (as such AdmOr. as afs d .), of the 
 one part, & Hugh Hunt, of &c., of the other part ; after — 
 RECITING, that s d . H. Penny had cont d . with s d . Hunt 
 for the absol. c Sale to him of s\ Leaseh d . Premes for the 
 then residue of s d . Term [of 99 years], det'ble as afs d . 
 (p. 181), at the sum of £500 ;— 
 IT IS WITNESSED, that in conson [of the sum] of £500 
 to s d . H. Penny then paid by s d . Hunt,— He s d . H. Penny 
 Did barg n ., sell, assign, transfer, & set over unto s d . Hunt, 
 his ExGrs, Admors, & Ass s ., — 
 
 THE Premises comp d . in the last abst'\ Indre (p. 186), 
 which were then in the occon of s d . Hunt ; — 
 
 And all Houses, — Appurts, &c. 
 
 And all the Estate, &c. 
 
 Tog f . with the before abst d . [Indre of] Lease, & all 
 
 Assign", thof, &c. 
 
 TO HOLD the same unto s d . Hunt, his Exors, &c. (*as in 
 the last form (a) ) ; 
 
 SUBJECT nev'lcss, &c. (*Ih.) : 
 
 COVENANT by s d . H. Penny, for himself, his Heirs, 
 Exors, & Admors, with s d . Hunt, his Exors, Admors, 
 & Ass"., — That he had done no act to incumber ; — 
 
 COVENANT by s". Hunt for pay 1 , of rent & perf". 
 of Cov'\ 
 
 EXTED by s". Penny, & duly att d ., &— 
 
 RECEIPT for £500 end d ., (b) signed, & witn". 
 
 (a) This, and similar references, marked with an asterisk 
 throughout the following forms, are made for the reason stated, 
 in note a, p. 1G3. 
 
 (/') Whenever a deed is written on the back of an inner skin 
 of a preceding deed, the Receipt is necessarily placed at the 
 foot. And so also when the deed is written on paper. In these 
 cases, instead of the word "endorsed," the word "subjoined" 
 would ho more cornet. In deeds made since 1881, the endorsed 
 receipt will probably be omitted in reliance on sec. 55 of the 
 Corn Act, 1881.
 
 TO LEASEHOLDS. 189 
 
 BY DEED POLL, [of this date,] The s d . Walter Penny— Samedate. 
 
 Jas. Smith & Mary his Wife, — Step". Percy & Septima bis 
 
 Wife, — Maria Tulk, & Philip Watts & Caroline his Wife, 
 
 (as the other Child". & only next of kin of B d . G. Penny, 
 
 dec d .) for divers good causes & consons them tin unto sev y . 
 
 moving, & parly in conson of 5s. to each of them paid hy s' 1 . 
 
 II. Penny, Did, & each & every of them Did (at the request 
 
 of s d . H. Penny, [tested as thin ment d .) remise, release, surr r . 
 
 quit claim, & yield up unto s d . H. Hunt, his Exors, AdmGrs, 
 
 & Ass 8 ., — 
 
 ALL & SiNG r . the premes comp d . in the last abst d . 
 Iiidre [of Assignm 1 ., of the 3 d . of May, 1852.] 
 
 And also all their Estate, Right, Title, & Inf. 
 whats r . reply therein or thereto, or in or to any.part 
 thereof; 
 
 EXECUTED by all part'., & duly att d . («), except 
 as to the execon by s d . P. Watts. 
 
 BY INDENTURE of Assignment, [of this date,] made 15 g . 
 
 bet", the s d . Hugh Hunt, of the one part, & Josiah Farthing, 186( 
 
 of &c, of the other part ; after — 
 
 RECITING, that by (the last abst d .) Iiidre [bear 6 , date 
 the 3 d . of May, 1852, & made bet". The s d . 11. Penny,ofthe 
 one part, & s d . H. Hunt, of the other part,]— He s d . H. 
 Penny, in conson of £500 to him paid by s d . Hunt,— Did 
 bargain, sell, assign, transfer, & set over untcTS*. Hunt, his 
 Exors Admors & Ass 8 ., All that [*here the parcels an 
 stated precisely as in the last abstracted Indenture] To 
 hold the same unto s d . Hunt, his Exors, Admors, & Ass'., 
 for all the then residue of s d . term [of 99 years], detble as 
 afs d ., Subject neveless to the rents, cov*\, prov\, condOns, 
 & agree", in the before abst d . [Ifidre of] Lease reserved & 
 cont d . ; 
 AND ALSO RECITING, that s d . Farthing had lent [& 
 
 (a) Or, " Signed (by a mark) & sealed by s d . M. Tulk in 
 the presce of & att d . by 2 wit 8 ."
 
 190 ABSTEACTS OF TITLES 
 
 adv d .] unto s d . Hunt [the sum of] £100,& that s d . Hunt 
 had then lately purc d . of him, s d . Farthing, Goods to the 
 am 1 , in value [of the sum] of £100 more; And that s d . 
 Hunt, having been called upon to pay the same sev 1 . sums, 
 & being unable so to do, had req d . s d . Farthing to accept 
 such sec y . for the re-pay', thof with inf., as in the now 
 abst g . Ihdre is cont d ., which he s d . Farthing had agreed to 
 do:— 
 
 IT IS WITNESSED, that in conson of s d . sum of £100 so 
 already lent [& advanced] to s d . Hunt by s d . Farthing as 
 afs d ., — And also in conson of the further sum of £100 so 
 then due & owing from him s d . Hunt to s d . Farthing [for 
 Goods sold & del d .] as afs d ., (the receipt of which first ment d . 
 sum of £100 & of divers Goods to the am', in value [of the 
 sum] of £100 more making tog r . [the sum of] £200, from s d . 
 Farthing, he s d . Hunt did, by the now abst e . Indre, expressly 
 ackn c .), He s d . Hunt Did barg"., sell, assign, transfer, & set 
 ever unto s d . Farthing, his Exors, Admors, & Ass 8 . 
 
 " ALL & sing', the newly erected Messe or Dhou.se, 
 Malth ., Stable, Outho"., Yard, Garden, Land, & 
 Premes, comp . in the thnbefore recited Indre, with 
 the Rights, Menib 8 ., & Appurts thiinto belong 8 . ; 
 
 And all the Estate, &c. — 
 
 TO HOLD the same unto s d . Farthing, his Exors, &c. 
 (*asp. 186);— 
 
 SUBJECT, &c.(* A); 
 
 . . AND ALSO SUBJECT to a— 
 
 PROVISO thlnafter cont .,— That if s d . Hunt, his ExGrs, 
 Admors, or Ass"., sho d . pay or cause to be paid unto s d . 
 Farthing, his Exors, Admors, or Ass*., [in the com", dining- 
 hall of Lincoln's Inn,] the full sum of £200 & Interest in 
 manner foil 8 , viz, the suni of £5, being half a year's Inf. 
 thuii, after the rate of £5 per cent, per ami., on the 15 th . of 
 March then next, & s d . sum of £200, tog', with the fur r . sum 
 of £5, being ano r . half-year's Int'. thon after the rate afs d ., on 
 the 15 th . of Sepf., 1868— He s d . Farthing, his Exors, 
 Admors, or Ass'., [sho d . &] wo d . then, or at any time
 
 TO LEASEHOLDS. li)l 
 
 tln'ifter, at the req'. & charges of s a . Hunt, his ExCrs, 
 Adniurs, or Ass*., re-assign & re-assure s d . [MSsse, or Dhouse, 
 Malth ., Stable, Outho ., Yard, Garden, Land, &] Prcmes, for 
 all the then residue of s d . term, unto said Hunt, his Exors, 
 Adniors, or Ass 8 ., or as he or they should direct or appoint ; 
 but if not so paid, it should be lawful for s d . Farthing, bis 
 Exors, Admors, & Ass\, to sell s d . abst d . PremSs abso 3r . («)• 
 PEOVISO & Agreement that no sale of s d . abst d . Prgs 
 should be made or advert d . until the expifon of 6 cal' 
 months' notice to be given to s d . Hunt, his Exors, Admors, 
 or Ass 8 ., to pay s d . princ 1 . sum & inf. ; nor sho d . any lease be 
 made thof, or any proceedings whatever taken for foreclosure, 
 or for the recovery of posson thof ; 
 
 COVENANT by s d . Hunt, for himself, his Heirs, 
 Exors, & Admors, with s d . Farthing, bis Exors, 
 Admors, & Ass 8 . ;— For pay', of s". princ 1 . sum [of 
 £200] & Inf. accord y . ;— 
 
 That s d . Lease was valid [for the then residue of s a . 
 term], — 
 
 That he had good right to ass"., in mfir afs d .,— 
 For peaceable enjoy', after default in pay'., — 
 Free from incumbs, & 
 For further assurance ; 
 COVENANT by s d . Farthing, for himself, his Exors, 
 Admors, & Ass 8 ., with s d . Hunt, his ExOrs. Admors, 
 & Ass .,— That s d . Hunt, his Exors, Admors, & Ass*, 
 should peaceably enjoy s d . PremSs until default in 
 pay'.;— 
 
 EXECUTED by s d . Hunt, & duly att d ., &— 
 RECEIPT for £200, in manner afs"., end"., signed 
 & witn". (6). 
 
 (a) Or, "with a power of absolute sale iu default of pay'. th5l 
 accord 7 . 
 
 (b) Or, instead of this clause, say — 
 
 The following Receipt is endorsed :— 
 
 Received &c. {Here copying it) but see note ft, 
 p. 188.)
 
 192 ABSTEACTS OF TITLES 
 
 13 May, BY INDENTURE, [of this date,] endorsed on the last 
 180 '- abst d . Assign'., & made bei n .— The s d . Hugh Hunt, of the 
 
 one part, & The s d . Josiah Farthing of the other part; 
 
 after — 
 
 RECITING the last abst a . Ifldre [of Assign 1 .] p. 189) ;— 
 
 AXD RECmNG, that s d . Hunt having occasion for a 
 
 further sum of £50, had applied to s d . Farthing to advance 
 him the same, which he had agreed to do upon having 
 such further Assur". for secur g . the re-pay', thof, as thin 
 & hlnafter ment d . : — 
 
 IT IS WITNESSED, that in conson [of the sum] of £50 to 
 s\ Hunt then paid by s d . Farthing, he s d . Hunt Did, by the 
 now abst g . Iiidre, cov'., grant, & agree with & to s d . Farthing, 
 his Exors, Admors, & Ass d ., That — 
 
 " ALL & singular the Messe or Dhouse, Malth e ., 
 Stable, Outh e ., Yard, Garden, Land, & Premes, comp d . 
 in & by the within written Indre, assigned, & trans d ., 
 or orwise assured, or ment d . or int d . so to be, unto the 
 s d . Jos\ Farthing, his Exors, Admors, & Ass*., by 
 way of mortg 6 ., with their & every of their Appurts, 
 & every part & parcel of the same resply," — 
 
 SHOULD stand charged & chable with [& continue] & be a 
 security unto him s d . Farthing, his Exors, Admors, & Ass 8 ., 
 not only for s d . sum of £200, & Int'. due & to become due 
 for the same, as in s d . last abst d . iiidre ment d ., but also for 
 pay', of s d . sum of £50 so then [lent &] advanced to s d . Hunt 
 as afs d . ; tog r . with Int*. then after the rate of £5 per Cent, 
 per Ann. until re-pay', of the same sums resply ; — 
 
 AXD THAT s d . [Messe or Dhouse, Malth ., Stable, Outho 6 ., 
 Yard, Garden, Land, &] Premes, or any part thereof, should 
 not be redeemed or redmble, either at law or in Equity, 
 until full pay'. sho d . be made, as well of s d . sum of £200 & 
 Int'., as of s d . sum of £50 & Int*. as afs 4 ., & also of all Costs, 
 Damages, & Exp', which s d . Farthing, his Exors, Admors or 
 Ass*. sho d . sustain or expend in the recovery, or orwise in 
 respect of the same sums resply : —
 
 TO LEASEHOLDS. 193 
 
 COVENANT by s d . Hunt [for himself, his Heirs, 
 Exors, & Admors, with s a . Farthing, his Exors, 
 Admors, & Ass 8 .,] — For paym*. « > t s a . sum of £50 & 
 
 Int\, & all such Costs, Dam 8 ., & Exp*, (if any) as 
 afs' 1 ., in the comil dining-hall of Lincoln's Inn, 
 London, on the 13 th of Nov r . then next : — 
 
 EXECUTED by s d . Hunt, & duly att d . &— 
 
 KECEIPT for £50 end' 1 ., signed, cV- witn". 
 
 BY INDENTURE of Assignment, [of this date,] made T January, 
 bet".— The s d . Josiah Farthing, of the 1 st . ] .art.— The s d . 1869. 
 Hugh Hunt, of the 2 d . part,— & The s d . Tho 8 . Noakes, of the 
 3 d . part ; after — 
 
 RECITING the two last alist' 1 . Iildres ; 
 
 AND RECITING-, that s d . princ 1 . sums were not paid 
 
 accord 8 , to the last abst d . Prov ., whby the Estate & Int'. 
 
 of s d . Farthing in s d . Prernes had become abso at Law ;. 
 
 AND ALSO RECITING, that there was then due to s d . 
 Farthing upon the two last abst d . Indies, s d . princ 1 . sum 
 of £250 & no more, [all Inf. due thon having been 
 
 disched up to the day of the date thof]; 
 
 AND ALSO RECITING, that s d . Hunt had cout d . with 
 s d . Noakes for the absolute sale to him of s d . PivmOs lor 
 the then residue of s d . term detble as afs' 1 . (p. ISO), at the 
 Sum of £500, & it had been agreed, thai S d . sum of £250 
 so due to b d . Farthing, as afs' 1 . sho' 1 . lie paid thfint, & that 
 he sho d . join in & execute the Assign', of s' 1 . Pros thin & 
 hinafter ment d . : 
 
 IT IS WITNESSED, that in conson [of the sum] oi I 
 to s d . Farthing then paid by s' 1 . Noakes,(al the request of >'. 
 Hunt, [tested as thin ment d .,]) the Rec\ whOf, & thai the 
 same was in full of all Princ 1 ., Interest, .V' other Monies due 
 to him upon or by virtue of the last ahst 1 '. [flare, he B*. 
 Farthing did thereby expressly ackn\, He s' 1 . Farthing, (at 
 the request & by the diron of s d . Hunt, [testified as alV 1 .,]) 
 Did bargain, sell, assign, trai sfer, & set over ; And in consGu
 
 194 ABSTRACTS OF TITLES 
 
 thereof, & also [in consOn] of the further sum of £300 by s d . 
 Noakes paid to s d . Huut, (the receipt whereof, & that the 
 same sev 1 . Sums were in full for absolute pure , of s d . Premes, 
 he s d . Hunt did thereby expressly ackn .,) — He s d . Hunt 
 Did bargaiu, sell, assign, transfer, & set over, ratify & 
 confirm unto s d . Noakes, his ExOrs, AdmOrs, and Ass 8 . ; 
 
 THE Parcels afs d ., — as desc d . in the before abst d . 
 Ihdre, p. 186),— 
 
 And all Houses. — Appurts, &c. 
 
 And all the Estate, &c. 
 
 Tog', with all Deeds, &c, in the custody or power 
 of s d . Farthing & Hunt, or either of them ; — 
 
 TO HOLD the same unto s d . Noakes, his ExOrs, &c. (* 
 as ante p. 187,) [Freed, & absolutely] Disched of & from 
 the Proviso [or Condon] for Redon cont d . in the last abst d . 
 Ifidre, & all other Right & Equity of Redon whats r . by 
 virtue thereof, but — 
 
 SUBJECT neveless, &c., (* as in p. 187), 
 
 COVENANT by s d . Farthing, for himself, his Heirs, 
 ExOrs, & AdmOrs, with s d . Noakes, his ExOrs, AdmOrs, 
 
 & Ass 8 ., — 
 
 That he had done no act to incumber; 
 
 COVENANT by s d . Hunt, for himself, his Heirs, 
 Exors, & AdmOrs, with s d . Noakes, his ExOrs.AdmOrs, 
 & Ass 8 ., — That s d . Lease was valid for the then 
 residue of s d . term, — 
 
 That he s d . Hunt & Farthing, or one of them, had 
 full power to assign, in manner afs d ., — 
 
 [ For peaceable enjoyment, — 
 
 Free from incumbrances, & 
 
 For further assurance ; 
 
 COVENANT by s d . Noakes, for himself, his Heirs, 
 ExOrs, cfc AdmOrs, with s d . Hunt, his ExOrs, AdmOrs, 
 & Ass'.,— For pay", of the Rent & Perform", of the 
 Cov"., Condons, Prov 8 . & Agree' 8 ., in the before abst d .
 
 UNDER EXCHANGES. 19 5 
 
 [Ifidre of] Lease reserved & cont d . ; — and to indemnify 
 s d . Hunt thfrSm ; 
 
 EXECUTED by all Parties, & duly att 1 ., & 
 
 KECEIPT for £200 by s". Farthing, cnd d ., Bigned, 
 & witnessed, & for £300 by s d . Hunt end d . & 
 signed, but not witn' 1 . 
 
 .As to the EXCHANGE of a Piece or Parcel of 
 Arable Land, being part of the Here'dits (here- 
 tofore Copyhold) called "CROOK'S," (p. 161), for 
 the Close of Meadow Land called " BELL'S 
 CLOSE," (p. 137.) 
 
 BY INDENTURES of Lease & Release, [of these dates,] x & 2 Oct., 
 the latter made bet". — The s d . Paul Stone (a), (see p. 137), 1840 
 of the 1 st . part, — The s d . Isaac Paine (seep. 158), of the 2 d . 
 part,— The s d . Job Wood, of the 3 d . part,— & the s d . Thos. 
 Noakes, then of Cliff Hall afs d ., Esq/, of the 4 ,h part; 
 after — 
 
 RECITING, that s d Wood was, with s d Paine, seised in 
 Fee-simple of the Close of Meadow Land Sc Heredits 
 thinbef & thinafter parlarly ment d . called " Bell's Close," 
 under or by virtue of the before abst d . Iildres [of Lease & 
 Release] of the 2 d & 3 d of Nov r ., 1834, (p. 158): 
 
 AND RECITING, that s d Noakes was also seised in 
 Fee-simple of the Piece or Parcel of Arable Land thinafter 
 more parlarly ment d . called "Crook's," being part of the 
 Heredits & Premes comp d . in & devised to s d . Thos. Green by 
 the before abst d . Will of the 5 th of May, 1857, (p. 173) 
 
 AND ALSO RECITING, that s d .Close of Meadow Land 
 was almost surrounded by Lands belong* to s a . Noakes, & 
 that s d Piece or Parcel of Arabic Land adjoined Other 
 
 (a) It is very convenient and proper in long abstracts to refer 
 to the page where the names and additions of parties occur in 
 the previous part of the abstract are to be found.
 
 196 ABSTRACTS OF TITLES 
 
 Lands belong 6 to s d . Wood, & that therefore, they s d . Noakes 
 & Wood had mutually ag d . to exch c the same, upon the 
 terms hinafter ment d . ; 
 
 AND ALSO RECITING, that they had, with the 
 
 assistance of their respive Surveyors, meas d . the s d . Close of 
 
 Meadow or Pasture Land called " Bell's Close," & found it 
 
 to contain 5a : Or : lip. — & also s d . Piece or Parcel of 
 
 Arable Land called " Crook's," ar >d found that to contain 
 
 3a : 3r : 27p., & that they had mutually estimated the value 
 
 of the former over & above the latter Heredits [& Premes], 
 
 at [the sum of] £84, — with which Valuat" s d . Noakes & 
 
 Wood were fully satisf d .; 
 
 IT IS WITN D ., that in conson of 5s. to s d . Stone, & of the 
 
 exch e for the Piece or Parcel of Arable Land hnafter parlarly 
 
 desc d ., & conv d . & assured to him s d . Wood by s d . Noakes, & 
 
 also in conson [of the sum] of £84 to him s d . Wood then p d . 
 
 by s d . Noakes (being the diff". in the value of the Heredits 
 
 [& Premes] t hinafter exch d . & hinafter desc .,) He s d . Stone. 
 
 at the feq*. of s d . Wood, & in purs", of the Power or Auth y , 
 
 given or reserved to him in & by the before abst d . Indr. [of 
 
 Rele] of the 3 d . of Nov'. 1834, & of all or any other Power or 
 
 Powers, Auth y . or Autho". in him vested, or in anywise 
 
 enabling in that behalf, Did direct, limit, & appoint, That — 
 
 ALL & sing', the Close of Meadow or Pasture Land 
 
 called " Hell's Close,'' Heredits & Premes next thin & 
 
 hinafter ment d . with their Appurts, — 
 
 SHOULD— Be & Enure unto s d . Noakes, & his II. -irs, — 
 
 TO THE USES, upon the Trusts, & fur the Intents & 
 pposes thinafter exp' 1 . concern* 1 , the same: 
 AND IT IS ALSO WITN"., that s d . Paine for the nominal 
 cofisons therein ment d ., at the request of s d . Noakes, & by the 
 dirOQ of s d . Stone [testified as thin ment d .,] Did (by way of 
 Convey", only & nol of Warranty of Title, bargain, sell, alien 
 & release ; — And s d . Wood for the cofisons afs d ., Did grant, 
 bargain, sell, alien, release and confirm unto s d . Noakes, (in 
 his actual possun then being, &c.,) & to his Heirs, — 
 
 ALL THAT the s d . Close, Piece or Parcel of Meadow 
 or Pasture Land thtoforo called "Sharpe's Mead," but
 
 UNDER EXCHANGES. 197 
 
 then better known by the name of " Bell's Close, 
 situate at Wake afs d ., & contain', by Admeas'., inclu- 
 sive of the hedges on the North & East parts I 
 5a : or : l^p. as afs d . ; which s d . Close was then in the 
 occon of s d . Noakes, or his underten"., and bounded on 
 the North, East, & West sides thereof by Lands 
 belong g . to s d . Noakes, & by a Meadow called 
 " Peake's," belong 8 , to C. G., on the South side thof ; — 
 Together with all ways, — Appurts, &c. then or at 
 any time theretofore held, used, occupied, or enjoyed 
 therewith, & taken or known to be part, parcel, or 
 member thereof; — 
 
 And the Ee version, &c. 
 And all the Estate, &c. 
 Together with all Deeds, &c. 
 TO HOLD the same unto s d . Noakes, & his Heirs, 
 
 TO THE USE & behoof of s d . Noakes, & his Eeirs & 
 Ass*. for ever : 
 DECLARATION by s d . Noakes, [who was married in the 
 year 1835,] tnat no widow of his should be entitled to dower 
 out of s d abst. Pies or any part thereof: — 
 
 COVENANTS by s d . Wood, for himself, his Heiff, 
 Exors, & Admors, witn s d . Noakes, his Ueiis & 
 Ass"., — For Title — (* as ante > P- 159 )- 
 AND IT IS ALSO WITN D ., that in further purs" of s d . 
 Agree 1 , & for perfecting s d int d Exch , And as well in cofiflon 
 of, & in exch for s d Close of Meadow or Pasture Land, 
 Heredits [& Premes] so conv d to him as afs 4 ., as also in 
 conson of 10s. to him paid by s d Wood,— He b' Noakes Dm 
 grant, bargain, sell, alien, rele, & confirm unto him s' Wood, 
 (in his actual posson then being, & c .,) & to his Heirs, — 
 
 (a) When brevity is desired, and both sets of Covenants run in 
 the same order and are trained iu similar language, as is 
 frequently the case where property has quickly passed through 
 several hands, a reference of this kind may he Bafely made ; but, 
 when, on the contrary, any material variation occurs, the b< ad 
 of each covenant should be mentioned and the difference ahowm 
 
 P
 
 198 ABSTRACTS OF TITLES 
 
 . . . ALL THAT s d . Piece or Parcel of Arable Land called 
 " Crook's," situate at Wake afs 4 ., (being part of the 
 Heredits [& Premes] comp d in, & so devised to s d . 
 Noakes by the before abst" Will of the 5 th of May, 
 1857, (p. 173) as contain 6 by adrneas 4 ., includ g the 
 fence or boundary at the Western extremity, & exclu- 
 sive of the hedges but inclusive of the ditches at the 
 East & Southern extremity thof, 3 a : 3 r : 27 p. as 
 afs d . ; which s d Heredits [& Premes] were then in the 
 occon of s d Wood & bounded — by other Lands belong* 
 to s d . Wood on the North, — by other Lands belong 8 
 to s d . Koakes on the East, — & by Lands belong 8 
 to 0. P. on the South & Wests parts thereof; 
 
 Together with all Ways, Appurts, &c. (*as in last 
 form) ;— 
 
 And the Eeversions, &c. 
 And all the Estate. &c. 
 Together with att d . Copies of all Deeds, &c. 
 TO HOLD the same unto s d . Wood & his Heirs, 
 TO THE USE & behoof of s a . Wood & his Heirs & Ass 8 . 
 for ever ; 
 
 SUBJECT neveless to the payment of a yearly quit 
 rent of Is. to s d . Noakes, his Heirs & Ass 8 , for ever (a), 
 in lieu and full satisfaction of a yearly quit rent of 10s. 
 charged on, or payable in respect of the s d . abst d . Pros 
 with other property. 
 
 COVENANTS by s' 1 . Noakes, for himself, his Heirs, 
 Exors, & Admors, with s d . Wood, his Heirs & Ass'., — 
 
 That he was lawfully seised, — 
 
 Had full power to convey in manner afs d . — 
 
 For peaceable enjoyment, — 
 
 (a) Or, " for a perpetual right of way over & along a Close 
 called 'Green Close,' belonging to s d . Noakes as the same is 
 now, & has long been used by a' 1 . Wood & his ancestors " ; (cr 
 as (he case may be.)
 
 TO FREEHOLDS. 199 
 
 . . . Free from inoumbs, except s d . quit rent, — 
 For further assurance : 
 SIGNED, sealed, & delivered by the s d . "Win. 
 Wood & Abel Dunn (having been first duly stamped) 
 in the presce of 2 Wit 9 ., & 
 
 EXECUTED by s d . Noakes, (by the name of 
 " Nokes ") & duly att d — & 
 
 RECEIPT for £84 by s d . Wood, end"., signed, & 
 witn". 
 
 BY INDENTURE, of this date, made between— The s d . 
 
 Tho". Noakes, of the one part, & — The s d . Wm. Wood, of 1858. ' 
 
 the other part, — after 
 
 RECITING the last abst a . Indre [of Rele] ;— 
 AND RECITING that the sev 1 . Title Deeds, Evid'. & 
 Writings, relating to s d . Piece or Parcel of Arable Land 
 last above desc d ., related as well thto as also to other 
 Heredits [& Premes] of s d . Noakes of greater value, & that 
 it had thfore been mutu y . agreed bet". s d . parties upon the 
 treaty for s a . exch c . that the same Title Deeds, Evid"., and 
 Writings. sho d . remain in the Custody of s d . Noakes upon 
 his entering into the cov*. for the prod", thereof thfiaf. 
 cont d . & hmafter ment d . ; — 
 
 IT IS WITNESSED, that in conson of the premes & of 10s. 
 to s d . Noakes paid by s d . Wood, — He s d .jNoakes Did thereby, 
 
 for himself, his Heirs, Exors, & Admors, cov'. with s' 1 . \Y 1, 
 
 his Heirs & Ass 8 ., — That he s d . Noakes, his Heirs, ExGrs, 
 Admors, or Ass 8 ., [sho d . &] would at any time [or times") 
 thraff., at the [reasble request & costs of s d . Wood, his Heirs 
 or Ass 8 ., (unless prevented by Fire or other inevitable 
 accident,) produce & show, or cause to be prod*. & shown 
 [to him or them, or to his or their Counsel, Attorney, Sol 1 ". 
 or agents, in any Court of Law or Equity, or] upon [1 
 Examon of Wit 3 ., or] any [other] reasble & proper occas"., 
 all or any of the sev 1 . Title Deeds, Evid". & Writings, men? 1 . 
 in the Sched e . thunder written or thunto ann d . («)], for the 
 
 (o) Or, — the several before abst d . Iiidres— (as the case iwuj 
 be.) 
 
 P 2
 
 200 ABSTRACTS OF TITLES 
 
 purpose of having them compared or exam d . with any Copy, 
 Absf., or Extract thereof or thfrom, or for the better or 
 more satisfacf. evidenc 6 ., support 8 ., & proving the Title of 
 him s d . Wood, his Heirs or Ass 8 , to the same Heredits [& 
 Premes] ; — 
 
 AND [ALSO at the like request, costs, & charges of s a . 
 Noakes, his Heirs & Ass 8 .,] make & deliver unto him or them 
 true & attested copies [of all or any] of the same [sev 1 . Title 
 Deeds, Evid 8 . & Writings] resply, And, in the mean time 
 preserve them safe, unoblif 5 . & uncancelled, fire & other 
 inevit 1 . accidents excepted ; 
 
 PROVISO, Declaration & Agreement, that if s d . Wood 
 sho d . at any time thafter, at his own cost & expense, procure 
 any future purchaser or owmer of the property retained by 
 him & to which s d . Title Deeds, Evid 8 . & Writings relate, to 
 enter into a similar cov\ to that hmbefore cont d ., with s d . 
 Noakes, his Heirs & Ass 8 ., he s d . Noakes, his Heirs or Ass 8 ., 
 would [cancel &] deliver up the s d . now abst g . Indre to s d . 
 Wood, his Heirs or Ass 8 . 
 
 EXECUTED by s d . Noakes, & duly attested. 
 
 [77/e Schedule of the Deeds, &c. relating to this property & 
 before abstracted are to be here enumerated.] 
 
 AS TO THE WHOLE OF THE BEFORE ABSTRACTED PREMISES. 
 
 5 June, MEMORANDUM, of this date, showing that the s d . Tho". 
 
 1882. Noakes, — in conson of £1000 to him then lent & advanced 
 
 by Henry Jones, of Greenwich, Kent, Gent", agreed to deposit 
 the before abst d . Indres relating to [the before abst d . Pres 
 called] "Bell's Close," with s d . Jones for sec g . s d . Princ 1 . Sum 
 with Inf. fchSn after the rate of £5 per cent, per ann. on the 
 5 th . of Jan', then next. 
 
 AND the s d . Noakes as beneficial owner thby charged (the 
 before abst 1 . Pre*) with the repay', of the s d . sum of £1000 
 & interest.
 
 TO ALL TIIE PREMISES. 201 
 
 AND s d . Noakes also undertook for himself, his Heirs, 
 Exors, or Adruors, at his or their own cost, in all things, to 
 exte, when required, such valid mortge of s d . abst d . Pres to 
 him s d . Jones for sec g . same accord 7 , as s d . Jones, his ExOrs, 
 Adrnors or Ass"., or his or their counsel, sho d . require : 
 
 IRREVOCABLE POWER of attorney to s d . Jones, his 
 Exors, Adrnors, & Ass 8 , to convey the legal estate on a 
 sale, (a) 
 
 SIGNED by s d . Noakes & witn d . 
 
 \TIere add Schedule, if it comprises other Deeds, than those 
 abstracted.'] 
 
 BY WILL of this date the s d . H y . Jones gave & dev d . — ] March/'*) 
 
 ALL his Real & Pers 1 . Estate & Effects whats'. & 1883, 
 
 wheres r ., — 
 UNTO his wife Mary absolutely. 
 AND he appointed her sole Extrix of his s d . Will ; which 
 was — 
 
 EXECUTED by Tho" Smith of Greenwich afe d . 
 
 Gent", by the diron of s d . Testor, in the presce of, 
 
 & att d . by 2wit 8 ; &— 
 
 PROVED by s d . Extrix in the Principal Registry 
 
 of the Probate Division of the High Court of 
 
 Justice on the 9th of Sept. 1883. 
 
 THE SAID Mary Jones intermarried with s d . Thos. Smith, c July, 
 CERTIFICATE thereof, (see note a, p. 84). 
 
 BY A MEMORANDUM of this date, endorsed on the last 7 ' 
 abst d . Agreement s d . Mary Smith ackn d . to have rec d . of s d . lg 83. 
 T. Noakes, s d . [Princ 1 .] sum of £1000, with all Inf. {& costs] 
 due in respect thereof: 
 
 SIGNED by s d . M. Smith & witn a . (c) 
 
 (n) Under Conveyancing Act, 18S1, sec. 8. 
 
 (b) Married Women's Property Act, 1882, came into operation 
 on Jan. 1, 1883. 
 
 (c) Mary Smith's receipt in respect of property coming to her 
 after 1882 is sufficient.
 
 202 ABSTRACTS OF TITLES 
 
 23 Dec, BY INDENTURE of this date made bet".— The s d . Mary 
 1883. W ebb (p. 128), of the 1 st . part.— The s d . Henry Tripp (since 
 
 dec d .), (p. 128), of the 2 nd . part— The s d . Tho 9 . Noakes, of 
 the 3 d . part, — & Philip Tegg, Sam 1 . lies (since dec d .), John 
 Cole & Wm. Smart, Bankers, then & now carrying on the 
 same Business in Coptship, in Lombard Street, in the City 
 of London, under the Firm of " Tegg, lies, & Co.," (thrinar. 
 called " the Bankers " of the 4 th part ; after— 
 
 RECITING that s d . Noakes was seised in Fee-simple — 
 under or by virtue of the before abst d . Ifidres, of the 12 th 
 & 13 th of April, 1843, (p. 125), of the Heredits [& Premes] 
 therein comp d . called "Cliff Hall," subject only to s d . 
 Aun y . [granted & sec d . to s d . Webb by the before abst". 
 Iiidre of the 23 d of Dec r ., 1855, (p. 128) ], & to a term of 
 500 years for securing the same vested in the s d . Tripp. 
 
 AND RECITING, that he was also seised in Fee- 
 simple under or by virtue of the before abst d . Will of the 
 5th of May, 1857 (p. 173), of the Heredits [& Premes] 
 therein comp d . called " Crook's " except such part thereof 
 as had then lately been so exch d . with, & conv d . to s d . 
 Wm. Wood as afs d . ; — and under or by virtue of the 
 before abst d . Indres [of Lease & Release] of the 1 st & 2 d of 
 Oct r . 1840 (p. 195), to the Close of Meadow or Pasture 
 Land & Heredits therein conip d . called " Bell's Close : " — 
 
 AND ALSO RECITING, that under or by virtue of 
 the before abst d . Indre of the 1 st . of Jan y . 1869, (p. 193), 
 he was possessed of, or [well & sufficiently] entitled to the 
 before abst d . Leasehold Heredits for the then residue of s d . 
 term of 99 years. (See p. 181), which was then detble 
 with the lives of s d . John Long, & Wm. Long, s d . G. Long 
 being then dead ; 
 
 AND RECITING the before abst d . Indres [of Lg & 
 Rele] of the 23 d . of Dec'., 1855 (p. 128) & that there was 
 then due from s d . Noakes, to s d . Webb thupon, the sum of 
 £3425 ; 
 
 AND ALSO RECITING, that s d . Noakes then stood 
 indebted to s d . Teggs, lies, Cole, & Smart, as his Bankers
 
 TO ALL THE PREMISES. 203 
 
 ill the sum of £1200, upon a Bal c0 . of Ace", that day 
 struck bet", them, as he s d . Noakes thereby ackn d . ; — And 
 in order to secure to them the re-pay', thereof, as also of 
 all other Sums or Sum of Money which should or might 
 be or become thaft\ due [& owing] from him to them, as 
 his Bankers, upon Bal ce . of Ace"., not exceed*, in the whole 
 the Sum of £8000, he had proposed & agreed to convey, 
 assign, & assure all & every the Freeh d , & Leaseh d . 
 Heredits & Premes thin & hiubefore inent d . unto them, as 
 therein and hinafter exp d . ; 
 
 AND ALSO RECITING, thats d . Webb & s d . Tripp had 
 agreed, at the req\ of s d . Noakes & for the conson hrinrar 
 rnent d . to concur in an order to re-assign & extinguish the 
 s d . anty & term of 500 years, pursu*. to the Cov'. for that 
 purpose cont d . in the before abst d . Ifidre, (p. 128) but 
 without requiring any formal or further notice thereof ; 
 
 AND RECITING that the s d . Noakes had agreed to enter 
 into the covenant thrinar contained with regard to succes- 
 sion duty payable upon the decease of the s d . Webb. (<;)• 
 IT IS WITNESSED, that in conson of £3425 to s d . Webb, 
 then paid by s d . Bankers, at the request & by the diron of 
 s a . Noakes, [tested as therein ment d .J (the Receipt whereof, 
 & that the same was in full discharge of s d . Ann y ., & all 
 Princ 1 ., Interest, & other Monies due to her upon, or by 
 virtue of the before abst d . Ifidre of the 23 d of Dec'. 1855, 
 (p. 128), in respect thereof, she s d . Webb did thereby ackn*., 
 & of & from the same resply did thereby acquit, exonS., & 
 disch 6 ., s d . Noakes, his Heirs, Exors, AdmOrs, & Ass". & 
 also s d . sev 1 . Heredits & Premes by the now abst g . [fidn ) 
 released, assigned & conveyed, and in conson of the sum of 
 £1200 so then due from s d . Noakes to the s d . Bankers as a Is 1 . 
 —The s d . Webb as such annuitant afs d . and the s' 1 . T. at the 
 request & by the diron of the s d . Noakes & the s' 1 . Trtpp as 
 trustee and at the request & by the diron of as web" the s' 1 . 
 Webb as the s d . Noakes did thby release surrender & assign 
 
 (a) This is merely put in as an example of a special covenant 
 which still has to be inserted in the deed.
 
 204 ABSTRACTS OF TITLES 
 
 and the s d . Noakes as Beneficial owner did thby convey & 
 confirm unto the s d . Bankers. 
 
 FIRSTLY,— ALL THAT Mansion, Messe, or DhGuse, 
 with the Offices, Stable, Coach-ho s , Build 8 *., Yards 
 & Gdens thunto belong 8 ., called " Cliff Hall " afs d . 
 thtof 6 . in the occon of s d . Jos. Styles, afterw d8 . of s d . 
 John Styles, & then of s d . T. Noakes ; tog r . with the 
 Pew & Vault in the Parish Church of "Wake afs d . ; 
 
 AND ALSO all that Messe or Farmhouse, with 
 the Offices, Stables, Barns, Granaries, Sheds & other 
 Buildings, Yards, Bartons, Gdens & Orchard or 
 Paddock of Land thunto belong 8 , called the " Home- 
 stall ; " — and also all those several Pieces or 
 Parcels of Arable Meadow & Pasture Land, situate at 
 Wake afs. & contain 8 altog r ., by Estimon, with the 
 before meut d . Heredits, 284 Acres (more or less), & 
 which were then in the occon of S. 0. (see p. 103) 
 
 («); 
 
 AND ALSO all those 2 several Allotm' 8 ., Pieces 
 or Parcels of Arable Land, contain 8 , by Admeas'. 
 19a : 3r : 23p. situate at a certain place called " Flint 
 bottom," within the Parish of Wake afs d ., & then 
 also in the occon of B d . S. 0. ; — which s d . Allormen'. 
 were allotted to s a . Noakes under or by virtue of the 
 before abst d . Act of Pari'. & Award, as afs d ., (p. 135) ; 
 
 SECONDLY,— ALL THAT Messe or Dhouse, with 
 the Outho'., Barns, Yards, Garden & Orch d . or Pad- 
 dock of Land thunto adjoin 8 . & belong 8 , thtofore 
 known by the name of " Crook's," contain 8 , by EstmGn 
 6a : lr : 6p., (more or less), situate at Wake afs d ., & 
 then also in the occon of s d . S. 0. (p. 161); — which 
 s d . Premes were formerly copyh d . & were dev d . to s d . 
 Green by the Will of s d . Mark Gilt as afs d . (p. 173) ; 
 
 (a) Of course a more particular description than this is given 
 in the deed ; but as the parcels are to be transcribed at length 
 whenever any variation occurs, it will answer no good purpose 
 to set it out more fully here.
 
 TO ALL THE PREMISES. 205 
 
 . . . THIRDLY,— ALL THAT Piece or Parcel of M 
 
 or Pasture Land called " Bell's Close," contain*. 4a : 
 
 2r : 12p., or tliabouts, situate at Wake afs 4 ., & then 
 
 also in the occonofs d . S. 0. ; (p. 161) — which s d . Prfia 
 
 were conv d . to s d . Noakes by s d . Wood, by way of 
 
 Exch e . by the last abst d . Indres of Le & Rele [of the 
 
 1 st & 2 d of Oct'., 1849 (p. 105)] ; 
 
 TO HOLD the same unto s a . Bankers, in fee simple, freed and 
 
 discharged so far as the same were affected thby from the s d . 
 
 annuity of £250 per annum and the term for securing the 
 
 same ; — 
 
 BUT SUBJECT neveless to the Proviso for Redon & Re- 
 convey 00 , of the same [several Heredits & Premes] 
 therein & kmafter cont d . : — 
 AND IT IS FURTHER WITN D ., That for the consons afs°\, 
 He s d . Noakes as Beneficial owner did thby convey & assign, 
 unto s d . Bankers, — 
 
 ALL THAT Messe or Dwelling-ho ., Store-ho . (thto- 
 fore used as a MalthoV), Stable, & Outho ., with tin; 
 Yard, Garden & Plot of Pasture Land thunto adjoin 8 . 
 & belong 15 ., comly called " Jackson's," contain*, altog'- 
 la : 2r : 32p., or tliabouts, sit 6 , in the West Street in 
 Wake afores", & then in the occon of P. S. ; — 
 And all Houses, — Appurts, &c. — 
 And all the Estate, &c. — 
 TO HOLD the same unto s d . Bankers, from thncef 1 *. f r 
 all the then Residue of s d . term of 99 years, dStble with 
 the Lives of s d . John Long & Wm. Long as afores J . 
 (p. 187),- 
 
 subject, &c. c<* s *» p- 187 ) ;— 
 
 AND ALSO SUBJECT to a— 
 
 PROVISO for Redmon on payton the day of then next 
 
 by s d . Noakes or psns deriving title under him to B*. Bankers 
 or psns deriving title under them of all such Sum or Sums of 
 Mon y . as sho d . be then due from him s d . Noakes, in 
 Bankers, upon Balance of Ace"., not exceeding in the whole 
 the Sum of £8000 the before abst d . freehold & leasehold hdts
 
 206 ABSTRACTS OF TITLES 
 
 & pmes sh d . be re-conveyed or re-assigned unto him the s d . 
 Noakes or the prsns deriving title under him in such manner 
 as he or they should direct or appoint, («). 
 
 COVENANT by s d . Noakes with the s d . Bankers to 
 keep them their hr 8 ., ex 3 ., ad 8 ., & ass 8 , effectually 
 indemnified against succession duty as afs d . (As to 
 other covenauts, &c, see note (6) infra.') 
 
 EXECUTED by s d . Webb, Tripp, & Noakes, & duly 
 
 attested. 
 January, 
 1869. B y DEED-POLL, or Policy of Assur". (c) of his dated after— 
 
 RECITING, that s d .| Noakes had made a proposal in 
 writing for an assurce with "The Clerical, Medical, & 
 Gen 1 . Life Assurce Society," in the sum of £300, upon the 
 life of s d . John Long [or, " of A. B. of &c, gentV] ; & as a 
 basis of the cont 4 . of the s d . assurce, a declon in writing had 
 been made & deliv d at the office of the s d . Society, bear 8 . 
 date the s d . 23 d of Dec'. 1868, setting forth that s d . Noakes 
 had an int\ in Long's life, to the full am', of £300 ; — that 
 his (Long's) age did not exceed 65 y". ;— that s d . Long was 
 then in good health, — had the smallpox (d), — had not had 
 the cow pox, — had not had the gout, — had not been 
 afflicted with asthma, spitting of blood, convuls 8 . or 
 insanity — had not had a rupture or any fit, — was of sober 
 & temperate habits, — & free from any disease tending to 
 shorten life ; 
 
 AND RECITING that s d . Noakes had then paid s d Society 
 
 (a) By Conveyancing Act, 1881, s. 15, the mortgagee is 
 obliged to transfer instead of reconveying straight to the 
 mortgagor on the latter's request. — Eds. 
 
 (6) By Conveyancing Act, 1881, s. 7., covenants for title, and 
 by S3. 19, 20, 21. powers of sale at 3 months' notice, insurance 
 &c. are supplied. The covenant in the text is ahstracted as 
 being a special one. See ante, p. 54. — Ens. 
 
 (c) This abstract of a policy of assurance has been left in as 
 an example. 
 
 (d) Or, more concisely — had the small pox, but not the cow 
 pox, gout, asthma, spitting of blood, convulsions, insanity 
 rupture, or any fit, &c.
 
 TO ALL THE PREMISES. 207 
 
 £ as a prom for such assures for one year, from the day 
 
 of the date of the now abst d . Policy. 
 
 IT IS WITNESSED, that 3 Directors of s d . S 
 subscribe the now abst g . Policy, Did thby declare on the 
 behalf of s d . Society, that if s d . Long sho 4 . die before or on the 
 6 th of Jan y . 1870, or if he lived beyond that day, & > '. N< >akes. 
 his ExOrs, Admors, or Ass 8 . sho d . pay at the office for the 
 time being of s d . Society during the life of s d . Long, the like 
 
 Ann 1 . Prem of £ , on or before the 6 th of Jan y . in each 
 
 succeeding year, Then the Funds & property of s d . Society 
 sho d . (accord g . to the provisions of their Deed of Settl'.) be 
 subject & liable to pay unto s d . Noakes, his Ex 8 ., Ad 8 , or Ass'., 
 within 3 cal r . months next after due proof to the satisP. of 
 the Directors for the time being of the death of s d . Long, the 
 sum of £300 sterling : 
 
 PROVISO, that if any thing in s d . declon sho d . be untrue, 
 deceptive, or fraudulent, — Or, in case the sev 1 . Letters, 
 Testimonials, or other Docuin' 8 . addressed to & deposited 
 with s d . Society sho d . be found unauthentic in themselves, or 
 fraudulent or collusive in the matters thin cont d ., — Or sho d . 
 not be fully explan y . of every requisite the Dirors ought to be 
 apprised of in granting the assur 00 . Then the now 
 Policy sho d . be void, & all mo 8 . p d . thou forfeited to the 
 Society. 
 
 PEOVISO that the now abst g . Policy sho a . bo subject & 
 liable to the sev 1 . Condons, & Regul n . thupon end d . so far as 
 [the same might be] applicable, in the same manner & as 
 effect 7 , as if incorpor d . thin : 
 
 PROVISO & DECLARATION, that the funds & property 
 of s d . Society (subject nev 8 . to prior Claims & Demands) 
 sho d . alone be liable to satisfy any Claims or Demands upon 
 6 d . Society in respect of the now abst g . Policy, & that no 
 [DirSr or other Proprietor of s d . Society, or his or her Heirs, 
 Exor or Admor, sho d . be in anywise individ'. subject or liable 
 thto beyond the am', then unpaid of his or her share or 
 shares in the Capital of s d . Society ; & no other] pson or 
 psons sho d . be in anywise subject or hable thereto.
 
 208 ABSTRACTS OF TITLES. 
 
 . . . EXECUTED by G. S. Merriman, John Dixon, & 
 Geo. G. Babington, & duly att a . (a). 
 
 1 March, 
 
 1884. Office Copy Certificate of Searches in Central Office of 
 
 Supreme Court of Judicature. 
 
 (Abstract fully showing all charges discoverable on the 
 property) (6). 
 
 (o) Policies of assurance are seldom abstracted at all, and 
 when they are, it is generally done in a very concise manner. 
 But it is submitted, that when they are the subject of a sale, or 
 form part of a security, they should, like every other Document, 
 be abstracted in full, so as to enable the purchaser or mortgagee 
 to see the conditions and contingencies affecting them, which 
 in the several offices, essentially differ; and to make any 
 inquiries he may consider desirable respecting their validity. 
 
 (b) This certificate can be procured in pursuance of the Con- 
 veyancing Act, 1882, s. 2.
 
 ( 209 ) 
 
 APPENDIX, (a) 
 
 ABSTRACT OP A CHARTER. 
 
 BY CHARTER, of this date, the Taylors of the City of S. 14 Dec, 
 were ordained & estab 4 . as a Brotherhood or Guild, in the 1 Edw. 1. 
 Chapel of S*. John the Baptist, in the Parish Church of S*. ( 1272 -) 
 Thomas, in s a . City, & were auth*. & licensed to choose & 
 app'. ann ly . of their own Conip y . 2 wardens to govern s d . 
 Mystery, Fellowship, Brotherhood, or Guild. 
 
 AND it is directed — That the Wardens & Fellows sho d . 
 have contin 1 . succession & a common seal for their affairs to 
 serve for ever ; — 
 
 That they & their successors might rece, admit, & accept 
 any psons, as well men as women, to be Bros & Sisters of s d . 
 Guild from time to time & to be called " The Wardens & 
 Fellows of the Mystery &Brothers & Sisters of the Brotherhood 
 or Guild of St. John the Baptist"; & by that name aho d . be 
 capable in law of receiving in Fee & perpetuity the Lands & 
 Rents & other possons whats'., to be holdcn of them & their 
 successors for ever ; 
 
 And that they might sue & implead in the Courts & 
 places & prosecute & defend according to the laws & customs 
 of the Realm, & hold assemblies & make stat*. & ordinam 
 for the gov', of s d . Brotherhood or Guild, & purchase Lands, 
 
 Tenen' . & possons in demense & revon to the value of £ 
 
 a year : 
 
 (a) Forms of abstracts of two modern deeds (oinco 1SS1) aro 
 added.— En.
 
 210 APPENDIX. 
 
 TO HOLD to them & their successors, they finding of a 
 Chaplain to celehrate Divine Services at the Altar of S'- 
 John the Baptist in s a . Church every day for the good state 
 of the then King's progenitors, & for the maintaining other 
 works of charity according to the ordinance, will, & 
 pleasure of s d . Wardens & Fellows & their successors for 
 ever ; the stat. of mortmain notwithst g . : 
 
 A^d by the now abst 6 . Charter it is further directed that s d . 
 "Wardens & Fellows should have power with the licenco & 
 approb". of the Lord Bp. of S. for the time being to grant 
 leases of the Lands to be so pure 4 , for any term not exceeding 
 100 years detble with 3 lives ; so that the most improved 
 rents sho d . be reserved by such leases for the mainten". & 
 improv'. of s d . Charity — 
 
 THE ROYAL Seal of Great Britain affixed. 
 
 Feast of BY CHARTER, of this date, the before abst d . Charter was 
 
 St. Hilarv ratified by Bich d . (Beaucbamp) Bp. of S. & confirmed by 
 
 2 E'lw. 1. the Dean & Chapter. 
 (1273.) 
 
 BY ANOTHER CHARTER, of this date, the last abst d 
 1 Marv'l. Charter was also ratified & confirmed by Queen Mary the 
 (1553.) First, 
 
 BY ANOTHER CHARTER, of this date, both the before 
 
 12 pec, a bst a . Charters were further ratified & confirmed by Queen 
 1 Ehz. J ^ 
 
 (1558.) 
 
 Eliz" 
 
 ANCIENT FEOFFMENT. (By a Guild.) 
 
 BY INDENTURE of FEOFFMENT, of this date, & made 
 12 May, b et n < j^ Taylor, f the City of R., Mercer, of the one part 
 & The s d . Wardens <fc Fellows of the other part : 
 
 IT IS WITNESSED that s d . Taylor, in conson of £900 to 
 him p d . by s d . Wardens & Fellows, Did grant, barg"., 
 sell, & enfeoff unto s d . Wardens & Fellows, & their suc- 
 cessors, — 
 
 ALL THAT Burgage-ten*. or Dhouse, situate in
 
 APPENDIX. 21] 
 
 . . . West St., in s d . City of B., & then in occdn of Jeremy 
 Didler, or his undertenants ; 
 
 AND ALSO all that the Storeho". or Wareh'., 
 Yard, & Heredits thto adjoin 5 . & belong 8 . & then in 
 the occon of Timothy Twist ; 
 
 And the Kevons, &c. 
 
 And all the Estate, &c. 
 
 And all Deeds, &c. 
 
 TO HOLD the same unto s d . Wardens & Fellows, & then- 
 successors for ever : 
 
 WAKEANTY by s d . Taylor of s d . abst d . Pres unto s d . 
 Wardens & Fellows & their successors ag' s d . Taylor 
 & his Heirs & AdmGrs. 
 
 EXECUTED by s d . Taylor & duly att d . 
 
 EECEIPT for £900 end d ., signed, & witn d . 
 
 The deeds relating to the abst 4 . Pres'are lost, but by entries 
 in the minute book of the proceedings of the Corporation it 
 appears that the Leases of the Pres for 99 years, dStble with 
 3 lives, have, with the Licence of the Bishop for the time 
 being, been regularly granted by them ever since the pur- 
 chase ; & they have regularly received the rents, fines for 
 renewals, and other profits of the property, & applied them 
 for the support of the Chaplin & other purposes of s d 
 Guild. 
 
 The following is an abst' of the licence for the first Lea?e 
 thof. : — 
 
 BY DEED POLL, of this date, under the hand & episcopal lt5 jj arc h, 
 seal of John, Lord Bishop of S., after — 
 
 EECITING the before abst d . Charter. 
 
 The s d . Bp, for the better mainten". & continu . 
 Corporate of Taylors, Did give full licence & consent to s d . 
 Wardens & Fellows to grant & demise — 
 
 All that, &c. (Description.)
 
 212 APPENDIX. 
 
 For any Term or Terms of years not exceeding 99, 
 detble with 3 lives, at the most imp d . rent. 
 
 EXECUTED by s a . J., Lord Bp of S., & 
 
 EPISCOPAL Seal affixed. 
 
 The Corporation is now reduced to a small number; & it 
 does not appear that any particular duties or functions are 
 incumbent on them beyond the ordinary municipal regula- 
 tions ; nor that the property is affected by any eleemosynary 
 grant, or is subject to any charitable or other specific use, 
 than that stated in the Charters. 
 
 CONTRACT. 
 
 I Oct. BY CONTRACT, of this date, made between the s d . Joseph 
 
 1872. Dart, of the one part, & George Dunn, of No. — , Piccadilly, 
 
 London, Gent'., of the other part ; 
 THE s d . Dart agreed to sell to s d . Dunn at the sum of 
 
 £ 
 
 THE fee simple & Inhilnce in posson, free from all 
 incumbs, of & in — 
 
 THE before abst d . Premises (a). 
 
 AND s d . Dart fur* agree to deduce & furnish at his own 
 expense, a [good &] marketable title thereto in Fee (b), free 
 from all incumbs whats* (c). 
 
 AND ALSO at the expense of s d . Dunn to convey & 
 assure s d . Premes unto him, his Heirs & Ass 8 ., or as he or 
 they sho d . direct, on pay 1 , of s d . princ 1 . money. 
 
 (a) If only a part of the property before described be sold, 
 the description in the Contract should be fully set out here, 
 adding — ■" WHICH B d . premes are a part of those before abst d . 
 
 (P- - )•" 
 
 {b) If there be any restriction as to the commencement of the 
 Title to be deduced, it should be shown, thus — " That the Title 
 to a*, [absf.] Pi ernes sho d . commence with an Ifidre [or, ' Will,' 
 or othir document,'] bearing date the — day of — 18—." 
 
 (c) If any exception or reservation be made, here set it out 
 fully.
 
 APPENDIX. 2 1 3 
 
 AND SAID Dunn agreed to pure* s d . Pre"s (a) accord' — to 
 pay the residue of s d . pure* money — & to pay same, to s 4 . 
 Dart, or as he sho d . direct, at the time thinafter appointed : 
 
 MUTUAL AGREEMENT that a deposit of £10 per cent, 
 on s 4 . pure" money sho d . be paid by s d . Dunn on execon of 
 .the now abst* Ins' 8 ., — That all outgoings in respect 
 Premes sho d . be defrayed by s d . Dart ; — That the puree sho 4 . 
 
 be completed on the day of then next ; — That (b) s d . 
 
 Dart sho 4 . at the expense of s 4 . Dunn, enter into the usual 
 Cov\ to produce the Title Deeds to him & to furnish copies, 
 plain or attested, of, or extracts from the same resply ; — 
 That all Documentary & other Evidence req 4 . by s d . Dunn 
 sho 4 , be procured, prod 4 ., & furn 4 . at his expense. 
 
 SIGNED by both parties [on a 6d. stamp] & duly 
 att d . & 
 
 RECEIPT for £ [paid by way of deposit,] end d . 
 
 signed & witn d . 
 
 CONTRACT AND CONDITIONS OF SALE. 
 
 BY CONTRACT, of this date, the s 4 . Dart [at an Auction, 1 0ct) 
 held this day at the Crown Inn, Wake, Kent,] agreed to 1872. 
 puree at £ , ( Sum P 6 '> 
 
 THE before abst 4 . Premes (c) with the timber 
 
 thon (d). 
 
 (a) Or, " s 4 . last ment 4 . Premes " — or, " the Preines last before 
 desc d ." 
 
 (b) If there be any restriction as to the Covenants t.. be 
 entered into by the Vendor, it should be set out in the order in 
 which the clause stands in the Contract ; thus—" That b*. Dart, 
 being only a Trustee for sale,— [or, ' assignee.'] shall not be 
 bound [or compellable] to enter into any Cov". tor Title "—or % 
 "any other Cov' 8 . than that he has done no act to inoumbl r " 
 (Jolloicing the words of the. Contract.) 
 
 So as to quantities :— •' That the quantities, being taken from 
 the Tithe Survey, (or other source) were believed to be, & sho*. 
 betaken to be correctly stated, & no abatement sho'. be required 
 if any error sho d . be discov 1 '. thin." 
 
 (c) If only a part be sold, see ante, p. 212, n. (a). 
 
 (d) Or, the Fixtures & Fittings therein." 
 
 Q
 
 214 APPENDIX. 
 
 SUBJECT to the following conditions — 
 
 . That the Puree sho d . pay a deposit of £10 per cent, on, & 
 in part of his puree money. 
 
 2. That (a) the Title to s d . Premes sho d . commence with an 
 
 Indre [or, " Will " or other document] dated the day 
 
 of 18 ; (b) 
 
 3. That the Purer sho d . take at a fair valuation & pay for 
 
 all the timber (c) on s d . Pres down to Is. per stick 
 inclusive ; 
 
 4. That the Purer should pay the costs of procuring, pro- 
 
 ducing, & furnishing all Documentary & other Evid e . 
 whats r . 
 
 5. That on pay', of the residue of the puree money, on 
 
 the day of then next, the Vendor would at 
 
 the espence of the purer, convey & assure (d) s d . Pres 
 to him, his Heirs or Assigns or as he sho d . direct ; 
 
 6. That no abatem'. sho d . be req d . in respect of any error in 
 
 the desc". of the property or orwise (e). 
 
 (a) All such conditions as relate simply to the Auction need 
 not be set out; nor those relating to furnishing the abstract, 
 requisitions ou the title, preparation of deeds, tillages, or the like. 
 But those relating to the title, — its commencement, restrictions 
 as to persons, covenants, or the like, and those relating also to 
 rights of way, lights, or other easements; as well as those 
 relating to covenants to produce deeds, quantities, boundaries, 
 tenancies, or the like, should be set out fully. 
 
 (b) Conditions of tliis nature are the most important as 
 regards the abstracts and should be stated fully. 
 
 (c) Or, " all the Fixtures & Fittings." 
 
 ' (d) If the property be Copyhold or Leasehold for lives, — 
 " convey [or, ' surrender '] & assure s d . Premes during the lives 
 of A. B., aged — years, & C. D., aged — years." 
 
 If Leasehold for years determinable with lives, say — " assign 
 & assure s d . Pres unto the Purc r . for the residue of a term of — 
 years, granted by an Ifidre of lease, dated the — day of — 
 18 — (according to the fact), & detble with the lives of A. B., aged 
 — years, & C. D., aged — years." 
 
 If Leasehold, say — " assign & assure s d . Premes abs y . during 
 the residue of a term of — years, granted by an Ifidre of lease 
 dated &c. (as above). 
 
 (e) This form is given as a mere skeleton, so as to show tho
 
 APPENDIX. 215 
 
 SIGNED by s d . Dunn, & by R. S., [the auct\, on 
 behalf of] the Vendor, & attested ; & — 
 
 RECEIPT for £ , deposit money, end 11 , signed & 
 
 witn". 
 
 ABSTRACT OF DEED BY TENANT FOR)! LIFE OF 
 SETTLED ESTATES UNDER A WILL, ENLARG- 
 ING A LONG TERM INTO A FEE SIMPLE UNDKIt 
 THE CONV. ACTS, 1881 & 1882, & CONVEYANCE 
 TO USES OF SUCH WILL (a). 
 
 BY INDENTURE of this date made between s d . A. B. 2 March, 
 of the 1". part s". C. D. & E. F. of the 2". part and s d . L. M. 1885. 
 of the 3 rd . part (&). 
 
 RECITING that under before abstracted will of G. II. 
 dec 4 . s d . A. B. was beneficially entitled in right of s d . 
 term of 1000 years created by the before abst d . [ndre of 
 the 1 st . of July 1600, to the rents & profits of (inter alia) 
 s d . abst d . h dt8 ., the legal estate in such h dt8 . being vested in 
 s d . C. D. & E. F. for the residue of s d . term. 
 
 AND RECITING that the s d . A. B. was desirous of 
 
 enlarging s d . term of 1000 years into a fee simple & 
 
 that s d . C. D. & E. F. had agreed with s d . A. B. to 
 
 settle the fee simple so to be acquired by enlargement 
 
 in manner thnar appearing. 
 
 IT IS WITNESSED that in conson of the premSs s"' 
 
 A. B. by virtue of the powers of the Conv g . Acts 1881 & 
 
 1882 Did thb y . declare that from & after the execo". of 
 
 those presents s d . term of 1000 years created by s d . Indre of 
 
 mode of setting out these documents, and, at the same time, with 
 a view of saving space and consequent expense. Where, how- 
 ever, it may be considered necessary to abstract conditions of 
 sale, (having reference to the observations made iu p. 71 respect- 
 ing them,) they can, of course, be set out more fully, or, to 
 prevent doubt or question, literally. 
 
 (a) This deed is made in exercise of the Conv. Act, 18S1, sec. 
 65. 
 
 (h) The parties are (1) the tenant for life, (2) the trustees oj 
 a will under widen he takes, and (3) the grantee to uses, and the 
 deed is supposed to occur in the course of an abstract, the will 
 being referred to as the before abstracted will. 
 
 Q2
 
 216 APPENDIX. 
 
 July l 8t . 1600, should as to all the h a ". & premes comprised 
 thin be & the same was thby enlarged into a fee simple. 
 
 AND IT IS ALSO WITN D . that in purse of s d . recited 
 agreement in that behalf & in conson of the premes s d . 
 C. D. & E. F. as trustees at the request of s d . A. B. did 
 thby grant and s d . A. B. did thby grant & confirm unto s d . 
 L. M. & his heirs. 
 
 ALL s d . abst d . hd t9 . & premes which by virtue of 
 the enlargement thnbf contained were then held 
 in fee simple. 
 TO H( )LD the same unto s d . L. M. & his hrs. to the 
 uses upon the trusts & with & subject to the powers 
 & provons applicable thto by virtue of the before abst d . 
 will of the s d . G. H. 
 
 EXECUTED by all parties & attested. 
 
 CONVEYANCE BY TENANT FOR LIFE OF FREE- 
 HOLDS, (a) THE PURCHASE-MONEY BEING PAID 
 TO TRUSTEES APPOINTED BY THE COURT FOR 
 THE PURPOSES OF THE SETTLED LAND ACT. 
 
 BY INDENTURE of this date made between s d . A. B. 
 
 of the 1". part s d . M. & N. of the 2 d . part and C. D. of 
 
 of the 3 d . part. (6) 
 
 RECITING before abst d . will dated June 1" 1883 of s d . 
 E. F. and that thby s d . abst d . hdt*. were (inter alia) 
 devised subject to s d . term of 1000 years to the use of s d . 
 A. B. for his life with remainders over, but that s d . will 
 contained no power of sale of the testator's real estate 
 & no person was by his will appointed trustee thereof 
 for the purposes of the S. L. Act 1882. 
 
 AND RECITING the death, (c) probate of the will & 
 seisin of the testator. 
 
 (a) This deed is made under sees. 3 and 38 of the S. L. Act 
 1882 and is presumed to occur in an abstract. 
 
 (b) The parties are (1) tenant for life, (2) new trustees, (3) 
 purchaser. 
 
 (o) The certificates must be abstracted separately as shown in 
 previous forms.
 
 APPENDIX. 217 
 
 AND ALSO EECITING that by an order of the 
 Chancery Division of the High Court of Justice, dated 
 the 4 th day of Deer. 1884 and made by the Honble M r . 
 Justice Pearson. In the matter of the estate situate at 
 Inch in the Coy. of Essex settled by the before abut*. 
 will of E. F. And in the matter of the S. L. Act 1882, 
 on the applicon of s d . A. B., s d . M. & N. were appointed 
 trustees under the s d . recited will for the purposes of the 
 Act (a). 
 
 AND ALSO RECITING that no money had been 
 raised under trusts of s d . term of 1000 years and ihat s d . 
 A. B. as tenant for life in possession had agreed to sell 
 to s d . C. D. for the sum of £1000 s d . abst d . premes in fee 
 simple free from incumbres. 
 IT IS WITNESSED that in purse of s d . agmt & in conson 
 of the sum of £1000 by the diron of s d . A. B. paid to s d . M. & 
 N. as such trees as afrs d . by s d . C. D. (the receipt whereof 
 s d . M. & N. thby acknowledged) s d . A. B. in exercise of 
 the power for that purpose conferred on him by the S. L. Act 
 1882 & of every other power enabling him and as Beneficial 
 owner thby conveyed unto s d . C. D. 
 ALL (s d . abst d . premes). 
 TO HOLD the same unto & to the use of s d . C. D. in 
 fee simple discharged from (here follow the inewmbrances 
 affecting the property whether under s d . will or otherwise 
 from which it is no iv freed.) 
 
 (b) PROVISO restricting covenants for title by A. B. to acts 
 or defaults of himself, his heirs and persons claiming under 
 him or them. 
 
 (c) ACKNOWLEDGMENT by A. B. of right to production 
 of title deeds and undertaking for safe custody thereof. 
 
 EXECUTED by s d . A. B. & M. & N. & attested. 
 
 (a) This would be a sufficient abstract of the order. 
 
 (b) These covenants are supplied by the Cony. Act, 1881, but 
 a provo may be inserted for restricting them as in the form. 
 
 (c) This acknowledgment and undertaking will always be 
 used in ordinary cases henceforth, where deeds are retained by 
 the vendor.
 
 ( 218 ) 
 
 By the following Table, the Sessional C«) date of any Act of 
 Parliament, from the 1 Geo. III. to the present date, can be 
 readily ascertained ; and it is therefore considered a useful 
 appendage to this work. 
 
 George III. began to 
 reign iictnhir 9R T7fin 
 
 George IV. 
 began to reign 
 
 William IV. 
 began to reign 
 
 Victoria 
 began to reign 
 
 
 
 
 
 Jan. 29, 1820. 
 
 June 26, 1830. 
 
 June 20, 1837. 
 
 1761 
 
 1 
 
 1791 
 
 31 
 
 1820 
 
 1 
 
 183o{ 
 
 11 G. 4 
 
 1837} 
 
 7 W. 4 & 
 
 1762 
 
 2 
 
 7 1792 
 
 32 
 
 
 
 &1W.4 
 
 1 Vict. 
 
 1763 
 
 3 
 
 1793 
 
 33 
 
 1821 
 
 2 
 
 
 
 1838 
 
 1 k 2 
 
 1764 
 
 4 
 
 1794 
 
 34 
 
 
 
 
 
 1839 
 
 2 & 3 
 
 1765 
 
 5 
 
 1795 
 
 35 
 
 
 
 1831 
 
 1 & 2 
 
 1840 
 
 3 & 4 
 
 1766 
 
 6 
 
 1796 
 
 36 
 
 1822 
 
 3 
 
 
 
 1841 
 
 4 & 5 
 
 1767 
 
 7 
 
 1797 
 
 37 
 
 
 
 
 
 1842 
 
 5 & 6 
 
 1768 
 
 8 
 
 1798 
 
 38 
 
 
 
 
 
 1843 
 
 6 & 7 
 
 1769 
 
 9 
 
 1799 
 
 39 
 
 1823 
 
 4 
 
 1832 
 
 2 & 3 
 
 1844 
 
 7 & 8 
 
 1770 
 
 10 
 
 1800 
 
 40 
 
 
 
 
 
 1845 
 
 8 & 9 
 
 1771 
 
 11 
 
 1801 
 
 41 
 
 
 
 
 
 1846 
 
 9 & 10 
 
 1772 
 
 12 
 
 1802 
 
 42 
 
 1824 
 
 5 
 
 
 
 1847 
 
 10 k 11 
 
 1773 
 
 13 
 
 1803 
 
 43 
 
 
 
 1833 
 
 3 & 4 
 
 1848 
 
 11 & 12 
 
 1774 
 
 14 
 
 1804 
 
 44 
 
 
 
 
 
 1849 
 
 12 k 13 
 
 1775 
 
 15 
 
 1805 
 
 45 
 
 1825 
 
 6 
 
 
 
 1850 
 
 13 k 14 
 
 1776 
 
 16 
 
 1806 
 
 46 
 
 
 
 
 
 1851 
 
 14 & 15 
 
 1777 
 
 17 
 
 1807 
 
 47 
 
 
 
 1834 
 
 4 & 5 
 
 1852 
 
 15 & 16 
 
 1778 
 
 18 
 
 1808 
 
 48 
 
 1826 
 
 7 
 
 
 
 1853 
 
 16 & 17 
 
 1779 
 
 19 
 
 1809 
 
 49 
 
 
 
 
 
 1854 
 
 17 k 18 
 
 1780 
 
 20 
 
 1810 
 
 50 
 
 
 
 
 
 1855 
 
 18 & 19 
 
 1781 
 
 21 
 
 1811 
 
 51 
 
 1827 
 
 8 
 
 1835 
 
 5 & 6 
 
 1856 
 
 19 & 20 
 
 1782 
 
 22 
 
 1812 
 
 52 
 
 
 
 
 
 1857 
 
 20 & 21 
 
 1783 
 
 23 
 
 1813 
 
 53 
 
 
 
 
 
 1858 
 
 21 & 22 
 
 1784 
 
 24 
 
 1814 
 
 54 
 
 1828 
 
 9 
 
 
 
 1859 
 
 22 & 23 
 
 1785 
 
 25 
 
 1815 
 
 55 
 
 
 
 1836 
 
 6 & 7 
 
 1860 
 
 23 & 24 
 
 1786 
 
 26 
 
 18^6 
 
 56 
 
 
 
 
 
 1861 
 
 24 & 25 
 
 1787 
 
 27 
 
 1817 
 
 57 
 
 1829 
 
 10 
 
 
 
 1862 
 
 25 & 26 
 
 1788 
 
 28 
 
 1818 
 
 58 
 
 
 
 
 7& 
 1 Vict. 
 
 1863 
 
 26 k 27 
 
 1789 
 
 29 
 
 1819 
 
 59 
 
 
 
 1837J 
 
 1864 
 
 27 & 28 
 
 1790 
 
 30 
 
 1820 
 
 60 
 
 1830 
 
 11 k \ 
 1W.4J 
 
 1865 
 
 28 & 29 
 
 
 
 
 
 
 
 
 1866 
 
 29 k 30 
 
 
 
 
 
 
 
 
 
 1867 
 
 30 & 31 
 
 
 
 
 
 
 
 
 
 1888 
 
 31 & 32 
 
 
 
 
 
 
 
 
 
 1869 
 
 32 & 33 
 
 
 
 
 
 
 
 
 
 1870 
 
 33 & 34 
 
 
 
 
 
 
 
 
 
 1871 
 
 34 & 35 
 
 
 
 
 
 
 
 
 
 1872 
 
 35 & 36 
 
 
 
 
 
 
 
 
 
 1873 
 
 36 & 37 
 
 
 
 
 
 
 
 
 
 1874 
 
 37 & 38 
 
 
 
 
 
 
 
 
 
 1875 
 
 38 & 39 
 
 
 
 
 
 
 
 
 
 1876 
 
 39 & 40 
 
 
 
 
 
 
 
 
 
 1877 
 
 40 & 41 
 
 
 
 
 
 
 
 
 
 1878 
 
 41 k 42 
 
 
 
 
 
 
 
 
 
 1879, 
 
 42 k 43 
 
 
 
 
 
 
 
 
 
 1880 
 
 43 & 44 
 
 
 
 
 
 
 
 
 
 1881 
 
 44 & 45 
 
 
 
 
 
 
 
 
 
 1882 
 
 45 & 46 
 
 
 
 
 
 
 
 
 
 1883 
 
 46 k 47 
 
 
 
 
 
 
 
 
 
 1884 
 
 47 & 48 
 
 
 
 
 
 
 
 
 
 1885 
 
 48 & 49 
 
 (a) The regal date is of course the year preceding, 
 the first of the sessional is the second of the regal year. 
 
 Thus,
 
 ( 219 ) 
 
 GLOSSARY 
 
 OF CONTRACTIONS USED IN THE FORMS (a) 
 
 Absolutely 
 
 Abstract-ed-ing 
 
 according-lt 
 
 Account ... 
 
 acknowledge-d 
 
 Adjoin-ed-ing 
 
 Adjourn-ed-ing 
 
 Admeasurement 
 
 Administer 
 
 Administrator 
 
 Advance-ed 
 Advertisement 
 Affidavit ... 
 Affirmation 
 Aforesaid ... 
 Afterwards 
 Against 
 Agreement 
 
 Allotted ... 
 Altogether 
 Annexed ... 
 Annual 
 
 . . . abs r . 
 
 ... abst\, abst d ., abst e . 
 
 ... accord 15 ., accord y . 
 
 ... ace 1 . 
 
 ... ackn ., ackn d . 
 
 ... adj"., adjn' 1 ., adjn B . 
 
 ... adjo"., adjo d ., adjra 8 . 
 
 ... admeasurern'., adrneas'. 
 
 . . . adm r . 
 
 ... admor — ad. (s added for 
 
 plural.) 
 
 ... adv"., adv d . 
 
 ... advertisem'.. adver*. 
 
 ... affid 1 ., afl\ 
 
 ... affirmat"., affirm"., afl'rm". 
 
 ... afores d ., afs d . 
 
 ... afterw da ., aft\v d \ 
 
 ... ag*. 
 
 ... agreem 1 ., agr'., agm\ (s added 
 
 for plural.) 
 
 ... all d . 
 
 ... altog\ 
 
 ... aun d . 
 ami 1 . 
 
 (o) This Glossary is, 
 gi liners. 
 
 of course, intended entirely for be-
 
 220 
 
 GLOSSAKY. 
 
 Annuity 
 
 ... aim 5 '., ann tT . 
 
 Annum 
 
 ... aim. 
 
 Answerable 
 
 ... ansble. 
 
 Application 
 
 ... applicon, apploD 
 
 Appointed 
 
 ... app a ., appt a . 
 
 Appointees 
 
 . . . apptes. 
 
 Appointment 
 
 ... appntni'., apptm 1 . 
 
 Appurtenances ... 
 
 ... appurts. 
 
 Assign-ees, Assigns 
 
 ... ass D ., assees, ass 3 . 
 
 Assignment 
 
 ... assignm'., assnm 1 ., ass\ 
 
 Assistance 
 
 ... assist". 
 
 Assurance 
 
 ... assurce, assur". 
 
 Attested 
 
 ... att a . 
 
 Authorities 
 
 ... autHo 3 . 
 
 Bargain ... 
 
 ... barg". 
 
 Belonging 
 
 ... belong 6 . 
 
 Bequeathed 
 
 ... beq a . 
 
 Between 
 
 ... bet". 
 
 Boundaries 
 
 . . . bound 3 . 
 
 Bounded 
 
 ... bd d . 
 
 Buildings 
 
 ... build'., bid 88 . 
 
 Calendar 
 
 ... cal r . 
 
 Charged 
 
 ... ched. 
 
 Chargeable 
 
 ... enable. 
 
 Children 
 
 ... child". 
 
 Common 
 
 ... com. 
 
 Comprised 
 
 ... comp a . 
 
 Concerning 
 
 ... concern 6 ., concn*. 
 
 Conditions 
 
 . . . condon. 
 
 Consecutive 
 
 ... consec*., consct*. 
 
 Consequence 
 
 ... conseq". 
 
 Consequent 
 
 ... conseq'. 
 
 Considered 
 
 ... consid a ., cons a . 
 
 Consideration 
 
 ... conson. 
 
 Consolidated 
 
 ... consolid a ., consol a . 
 
 Contained-ing 
 
 ... cont d ., contain 8 ., cont 8 . 
 
 CONTINUED-ING 
 
 ... cont d ., contin 8 .
 
 GLOSSARY. 
 
 221 
 
 Contingent 
 
 Conuzance 
 
 Conveyance 
 Conveyancing Act, 1881 
 „ 1882 
 conveyed-ing 
 County 
 Covenants.. 
 
 Damages .. 
 
 Daughter .. 
 
 Decease-ed 
 
 Declar-ed.. 
 
 Declarations 
 
 Deductions 
 
 Defendant 
 
 Default ... 
 
 Demandant 
 
 Described ... 
 
 Desired-able 
 
 Description 
 
 Determin-ed 
 
 Determinable 
 
 De vise-ed ... 
 
 DlSCHARGE-D 
 
 Discretion 
 Divided 
 
 DlVIDEND-S 
 
 During 
 dwellinghouse 
 
 Effects 
 Effectually 
 Enjoyed-ment 
 Estates ... 
 Estimate-ed 
 Estimation 
 Evidences ... 
 Examination 
 
 conting'., contng' 
 conuz". 
 
 convey", convGyce. 
 Conv. Act, 1881., C. A. 1881. 
 „ „ 1882., „ „ 1882. 
 conv d ., convey 8 ., conv*. 
 co., coy. 
 cov". 
 
 damg 8 ., dam*. 
 
 dau'., daur. 
 
 dece, dec d . 
 
 decl ., decl d . 
 
 declar""., declons. 
 
 dedons, ded n \ 
 
 deft, 
 
 deflt. 
 
 demand'., dem\ 
 
 desc d . 
 
 des d n dslrble. 
 
 descript"., descrOn., descr". 
 
 determ"., determ d ., det d . 
 
 detble, detrninble. 
 
 dev*., dev d . 
 
 dischfi, disch*., disch 4 . 
 
 discret"., descrOn. 
 
 div d . 
 
 divid 4 ., divid'., divd*. 
 
 dur e . 
 
 dwellingh*., dhouse. 
 
 eff\ 
 
 effect*. 
 
 enj d ., enjoym'. enjoy'. 
 
 est*. 
 
 esfiih\, estim d . 
 
 estmOn, estiin". 
 
 evid*. 
 
 examOn, exam".
 
 222 
 
 GLOSSARY. 
 
 Executors 
 
 ... exors, exs, ex. 
 
 Execution 
 
 . . . execon. 
 
 Exemplification ... 
 
 ... exemplif"., exempl". 
 
 Expedient 
 
 ... exped'. 
 
 ExPRESS-ED-LY 
 
 . . . exp\, exp d . expl T . 
 
 Feoffment 
 
 ... feoffmt, feoff. 
 
 Following 
 
 ... foil*. 
 
 Foreclosure 
 
 ... forecl 8 . 
 
 Formerly 
 
 ... form y . 
 
 Further 
 
 ... fur r . 
 
 Garden 
 
 ... gclen. 
 
 Government 
 
 ... governm'., gov'. 
 
 Habendum 
 
 ... habrtdm, hbndm. 
 
 Hereditaments ... 
 
 ... heredits, heres.,htdft 
 
 Heirs 
 
 ... hrs. 
 
 Incumbrances 
 
 ... incumbs. 
 
 Indemnity 
 
 ... indemn y . ind y . 
 
 Indenture 
 
 ... iridre. . , 
 
 Inheritance 
 
 ... inbance. 
 
 Intent 
 
 ... inf. 
 
 Interest 
 
 ... int. 
 
 Irrevocably 
 
 ... irrev 7 . 
 
 Judgments 
 
 ... jugm' 9 ., judg ts . 
 
 Lawful-ly 
 
 ... lfl.,lfly. 
 
 Legacy-ies 
 
 ... leg, legs. 
 
 Limitations 
 
 ... limit" 8 ., Umons. 
 
 Lordship 
 
 ... Idship. 
 
 Maintenance 
 
 ... mainten"., maint". 
 
 Marriage 
 
 ... marre, marr 8 . 
 
 Mentioned 
 
 ... ment d . 
 
 Members 
 
 ... memb 8 . 
 
 Messuages 
 
 ... messes, mess 8 . 
 
 Misapplication ... 
 
 ... misapplon.
 
 
 GLOSSARY. 
 
 Money 
 
 . . . mo. 
 
 Monies 
 
 ... mo'. 
 
 Mortgage 
 
 ... mortge, mortg*. 
 
 Mutually 
 
 ... mut y . 
 
 Necessary 
 
 ... necess 7 . 
 
 Nevertheless 
 
 ... neveless. 
 
 Nominal 
 
 ... nom 1 . 
 
 Nominate 
 
 ... nomin 6 . 
 
 Nomination 
 
 ... nominon. 
 
 Notwithstanding 
 
 ... notwithst 8 . 
 
 Oblations 
 
 ... oblat". 
 
 Obligation 
 
 ... oblig"., oblon. 
 
 Obvention 
 
 ... obvfit". 
 
 Occupation 
 
 ... occon. 
 
 Occupied 
 
 . . . occ d . 
 
 Otherwise 
 
 . . . orwise. 
 
 Outbuilding 
 
 ... outbuild"., outb gs . 
 
 Outhouses 
 
 ... outko". 
 
 Paying 
 
 ... pay 8 . 
 
 Peace able-ly 
 
 ... pcable, pcably. 
 
 Perfect-ed 
 
 ... prf., prfct* 
 
 Performed 
 
 ... perf 1 . 
 
 Personal 
 
 ... pers 1 . 
 
 Person-s 
 
 ... psun., psons., ps". 
 
 Plaintiff 
 
 ... pltf., pit, 
 
 Portions 
 
 ... iiort ns . 
 
 Possession 
 
 ... possun. 
 
 Possessed 
 
 . . . possed. 
 
 Premises 
 
 ... premes, pres, pmes. 
 
 Presumptive 
 
 ... presumpt ., prsmpt' 
 
 Principal 
 
 ... princ 1 . 
 
 Proceedings 
 
 . . . proceed 8 "., procd g *. 
 
 Property 
 
 ... propt 7 ., prop 7 . 
 
 Provisions 
 
 ... prov"". 
 
 Provisoes 
 
 ... prov*. 
 
 Purchaser-s 
 
 ... pure*., pure". 
 
 223
 
 Ti'i. 
 
 GLOSSARY. 
 
 Purposes 
 
 . . . pposes. 
 
 Pursuant 
 
 ... pursu'. 
 
 Quarterly 
 
 ... qurly, qrly. 
 
 Question 
 
 ... qest"., qst n . 
 
 Reasonable-bly ... 
 
 ... reasble, reasbly. 
 
 Receive 
 
 ... rece, rec e . 
 
 Receipt 
 
 . . . rec'. 
 
 Reciting 
 
 . . . recit g . 
 
 Recovery 
 
 ... recovy., recovy. 
 
 Redemption 
 
 ... redon., red mon . 
 
 Reduction 
 
 ... reduct\, red". 
 
 Register 
 
 ... reg r .. 
 
 Release 
 
 ... rele. 
 
 Remainder 
 
 ... rem% 
 
 Renounce 
 
 ... ren". 
 
 Repayment 
 
 ... repay'. 
 
 Residuary 
 
 ... residy. 
 
 Request , 
 
 . . . req\ 
 
 Respective-ly 
 
 ... respect 8 ., respive, resply. 
 
 Reversion 
 
 ... re von. 
 
 Said 
 
 ... s d . 
 
 Satisfaction 
 
 ... satisfact"., satisf". 
 
 Settlement 
 
 ... settlem'., sett'. 
 
 Settled Land Act, ] 
 
 882 S. L. Act, 1882. 
 
 Severally 
 
 ... sev y . 
 
 Severalty 
 
 . . . sevlty. 
 
 Should 
 
 ... sho d ., sh a . 
 
 Singular 
 
 ... sing'. 
 
 Solemnized 
 
 ... solemn 11 . 
 
 Solemnization 
 
 ... solemniz 11 ., solemn". 
 
 Specialities 
 
 ... specif., splties. 
 
 Subscribe-d 
 
 ... subsc 6 ., subsc d . 
 
 Subscription 
 
 . . . subsc". 
 
 Substitute 
 
 ... substit 6 ., subst e . 
 
 Successively 
 
 ... succ y . 
 
 Sufficient 
 
 ... suff*. 
 
 Surrender-ed 
 
 ... surr'., suit 11 . 
 
 Surrounded 
 
 ... surround, srnd d .
 
 
 GLOSSARY. 
 
 SuRVIVE-OR 
 
 surv ., sur r ., surv or . 
 
 Survivorship , 
 
 ... survrship., srvrsp. 
 
 Testator ... 
 
 ... testor. 
 
 Testatrix... 
 
 ... testrix. 
 
 Testified ... 
 
 ... tested, testf . 
 
 Thereby ... 
 
 thby. 
 
 Therein ... 
 
 ... thin. 
 
 Thereinafter 
 
 ... thiiafter, thfiaP., thrin' 
 
 Thereinbefore 
 
 thfibeP., thnbf. 
 
 Thereof ... 
 
 thof. 
 
 Thereto ... 
 
 thto. 
 
 Thereunder 
 
 ... thunder, thfider. 
 
 Thereunto 
 
 ... thrunto, thunto. 
 
 'Together ... 
 
 tog r . 
 
 Transfer ... 
 
 tfer. 
 
 Trustees ... 
 
 ... trees. 
 
 Uncancelled 
 
 uncanc d . 
 
 Undefaced 
 
 undef d . 
 
 Vendor and 
 
 PDECHASER }v.&P.Act,1874. 
 
 Act, 1874 
 
 Warrant-y 
 
 ... warr*., warrt*. 
 
 Whatsoever 
 
 whats'. 
 
 Whensoever 
 
 whens'., whfis*. 
 
 Wheresoever 
 
 ... wheres'., \vhrb r . 
 
 Whether ... 
 
 ... whe r . 
 
 Whichsoever 
 
 ... whichs r . 
 
 Witness-ed-eth wit'., witn' 1 ., witn'\ 
 
 Whosoever 
 
 ... wlios'. 
 
 225
 
 ( 226 ) 
 
 INDEX 
 
 ABSTRACTS (a) See the different headings — post, 
 generally, 5-11 
 accompaniments of, 76 
 attested copies. 72 
 cancellations, 74 
 charge for perusal of, 73 n. (b) 
 chief things to be attended to in preparation of, 1 1 
 consequences of concealment in, 9 
 curtailment dangerous, 6 
 deeds lost, 73 
 title, 72 
 deficiencies in, 6 
 examination of, 76 
 facts material, not immaterial, 3, 11 
 fair copy, 73 
 folios, 74 
 
 imperfections of title must be shewn, 9 
 margins, 78 
 
 utility of, 6 n. (a) 
 mode of saving time in preparation of, 7 
 omissions and detects not to be left to requisitions, 8 
 perfecting of, cost of, 75 
 perfection of, 9, 75 
 
 responsibilities of persons preparing, 7 
 stamps, 74 
 superfluous deeds, 3 
 mode of preparing 
 heading, 36-38 
 
 ordinary deeds, clauses in, 38-60 
 particular documents, abstract of, 60-71. 
 
 (a) The reader is referred to the following headings for the 
 Deeds and Documents he may wish to refer to, as it would un- 
 necessarily increase the size of the book to repeat them under this 
 head. 
 
 Text, pp. 1 — 79. Forms, pp. 80 — 217.
 
 INDEX. 227 
 
 ACKNOWLEDGMENTS— 
 
 by married women, certificate of, 06 
 
 abstracted, 139, 100 
 of principal and interest due on a security abstracted, 154 
 
 ACTS OF PARLIAMENT— see Special Titles. 
 abstracted, 94, 134 
 how to be abstracted, 22 
 inclosure act, 21, 134 
 vesting forfeited estates, 94 
 when to be abstracted or sent, 22, 70 n. (a) 
 
 ADMINISTRATIONS— see Letters op Administration- 
 Limited Administrations. 
 
 ADMITTANCES— see Copyholds. 
 
 ADVOWSONS— 
 
 presentation to be shewn, 17 
 title to abstracted, 83 
 
 intermediate to be shewn, 17 
 
 in parcels, 83, 85, 89, 100 
 
 length of, 10 
 
 AFFIDAVITS— 
 
 when to be copied, 144 n. (b) 
 
 AGES— 
 
 when to be stated, 28, 30 
 stated, 132 
 
 AGREEMENTS— see Contracts— Declarations and Agree- 
 ments — Provisoes. 
 
 articles of abstracted, 99 
 
 to deposit title deeds abstracted, 200 
 
 ALLOTMENTS— see Award. 
 titles to, 21, 22 
 inclosure and other acts under, 21, 22 
 
 ANNUITY— 
 
 consideration for, must be adequate, 44 
 deed creating to be abstracted, L9 
 
 abstracted, 104, 128 
 hereditament whether or not, 19 
 power of repurchasing, 132 
 title to property charged, 19 
 annuity, 19 
 
 APPENDIX— 209. 
 
 Text, pp. 1—79. Forms, pp. 80—217.
 
 228 INDEX. 
 
 APPOINTMENT— 
 
 of new trustees abstracted, 109 
 proviso for, abstracted fully, 108 
 
 shortly, 118, 184 
 
 ARTICLES — see Agreement — Marriage. 
 
 ASSIGNMENTS— see Leaseholds— Terms. 
 leaseholds of abstracted, 186, 188. 189, 193 
 by way of mortgage, 189 
 
 further charge, 192 
 power of sale under, 193 
 term of, 118 
 
 ATTESTATIONS— 
 
 alteration in deed mentioned in, 58 
 
 attorney, when deed, &c, executed by, 58 
 
 blind or deaf person, when deed executed by, 58 
 
 copied, when to be, 58 
 
 deed poll to, 143 
 
 endorsed when, 188 
 
 incomplete when, 189 
 
 marksman, 189 n. («) 
 
 party, on reaching given age by, 58 
 
 stated when to be, 58 
 
 variation in names and signatures, 58 
 
 will of, 58 
 
 executed by direction of testator, 201 
 
 ATTESTED COPIES— 
 
 preparation of, 72 
 
 shewn on abstract, 99, 102, 109 
 
 stamps on deeds should show, 72 
 
 ATTORNEY— see Power op — Solicitor. 
 
 ATTORNMENT— 
 
 by mortgagor to mortgagee, 153 
 
 AWARD — see Allotment. 
 
 under Inclosure Act, abstracted, 135 
 
 BANKRUPTCY— 
 
 bargain and sale under, abstracted, 155 and n. (a) 
 
 proceedings in, 67 
 
 sale under order of Court, 157 
 
 statement of act of, 154 
 
 BAPTISM — see Certificate. 
 
 Text, pp. 1—79. Forms, pp. 80—217.
 
 INDEX. 229 
 
 BARGAIN and SALE— see Inrolment 
 abstracted, 98, 102, 109, 111, 155 
 Act abolishing, 68 
 bankruptcy under, 155 
 declaring uses of fine, 148 
 inrolment of, 40, 07 
 
 statement of, 113 
 making tenant to praecipe, 111 
 
 BARONET— 
 
 statement of creation of, S6 
 
 BIRTH— 
 
 statement of, 84 (and passim) 
 
 place of, 109 n. (h) 
 BONDS— 
 
 annuity, for securing abstracted, 133 
 indemnity of abstracted, 147 
 mortgage of, 166 
 when discharged not abstracted, 134 n. (a) 
 
 BUILDING SOCIETIES— 
 
 mortgage to, 176 
 receipt by trustee of, 178 
 
 BURIAL — see Certificates. 
 
 CANCELLATIONS— 
 notice of, 74 
 proviso for, of deeds, 200 
 
 CERTIFICATES— 
 
 acknowledgments of, 60 
 
 abstracted, 139, 100 and n. (a) 
 baptism, S4 n. (a) 
 burial, 84 n. (a) 
 evidence as, 34, 65 
 land tax, redemption of, 136 
 marriage, 84 n. (a) 
 master or chief clerk, 69 
 search of, 208 
 surveyor of, 75 n. (6) 
 transfer of, 136 
 
 CHANCERY PROCEEDINGS— see Court. 
 
 CHARGES— 
 
 annuity of, 128 
 notice of, 37 
 
 will by, to be shewn, 164 n. (a) 
 iilistracted, 173 
 
 Text pp: 1—79. Forms pp, 80—217.
 
 230 
 
 INDEX. 
 
 CHARTERS — see Letters Patent 
 abstracted, 209 
 to be shewn, when, 16 
 
 CODICILS— 
 
 as to, 63 
 
 abstracted, 17: : ! 
 revocation of, 97 n. (b) 
 
 COLLATERAL DOCUMENTS— 
 as to, 31, 59 
 as evidence, 34 
 nature of, 31 
 
 COLLEGE OF ARMS— 
 statement of record, 89 
 
 COMMONS— see Conveyance. 
 
 COMPOSITION— 
 
 deed of abstracted, 178 
 
 CONDITION- _ 
 bond in, 134 
 
 clauses in, 211 ns. (a), (6), (e)> (d) 
 name and arms of, S(j 
 sale of as to, 71 
 
 abstracted, 213 
 
 copies of, 71 
 to settle, abstracted, 97 
 
 CONFIRMATION— 
 
 of will deed of abstracted, 175 
 
 CONSIDERATION— 
 as to, 11, 15 
 annuity deeds in, 11 
 
 discharge of, 203 
 assignment of term in, 122, 1S6, 1S8 
 cash, 192, 210, 217 
 
 „ and covenant, 1S1 
 
 „ anil debt, 190 
 contract in, 212, 211 
 Court Roll in, 161, 165 
 debt, 45 
 
 deed under 8 & 9 Vict. c. 119, 176 
 equality of exchange, 196 
 further advance, 193 
 good, 185 
 grant in, 177 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 231 
 
 CONSIDERATION— continued. 
 grant of annuity in, 129 
 laud tax certificate in, 13G 
 legacy, 175 
 Letters Patent in, S3 
 loan, 200 
 mortgage in, 150 
 nominal, 179 
 
 „ and equality of exchange, 196 
 particular fund out of, 44 
 payment of debt and further advance, 193 
 premises, 216 
 receipt of, 45 
 
 „ endorsed, 91 
 reconveyance in, 44 
 release in, 44 
 
 „ abstracted, 147, 169, 172 
 surrender in, 141 
 transfer of mortgage in, 44 
 
 CONTRACTIONS— see Glossaby, 21i" 
 
 CONTRACTS— 
 as to, 71 
 
 abstracted, 212, 213 
 clauses restrictive in, 212, 213 notes, 
 when none, 77 
 
 CONVEYANCE— 
 
 commons of, 170 
 
 Conveyancing Act, 1881, under, 215 
 
 creditors in trust for, 178 
 
 disentailing, 111 
 
 dower to uses to bar, 127 
 
 disclaimer, deed of, 185 
 
 enfranchisement of copyholds, 168 
 
 lease and release, 102, 109, 114, 125, 137, 147, 150, 158, 168 
 
 leaseholds, demise of abstracted, 181 
 
 mortgage subject to, 178 
 
 remainder of, 135 
 
 Settled Land Act, 1882, under, 216 
 
 short statutory under 8 & 9 Vict, c, 119, 57 
 
 „ abstracted. 160, 176 
 
 tithes of, 98 
 
 will, by way of confirmation of, 175 
 to uses of, 215 
 
 CONVEYANCING ACT, 1881— 13 n. (M. 15, 28, 32, 33, 15, 16 
 n. (6), 49 n. (a), 50, 55, 57, 62 n. (b), 66 n. (b), 75, 188 n. (b), 
 206 ns. (a & b), 217 n. (6). 
 
 Text pp. 1 — 79. Forms pp. 80—217. 
 
 r 2
 
 232 INDEX. 
 
 CONVEYANCING ACT, 1882—32, 59, n. (6), 70, 20S n. (b), 
 215 n. (a). 
 
 COPIES— 
 
 abstracts, fair copies of, 73 
 charge for perusal of, 73 n. (b) 
 folios in sheets of, 73 
 
 COPYHOLDS AND CUSTOMARY FREEHOLDS— see 
 
 St'RRENDER. 
 
 as to, 23-29 
 admittances, 27 
 
 abstracted, 162, 165, 167 
 clauses necessary to be abstracted, 27 
 conditions to be stated, 27 
 customs, 24 
 
 stated, 161 
 enfranchisement of, 28 
 
 under Conveyancing Act, 1881, 28 
 
 abstracted, 168 
 grants of, 26 
 
 „ abstracted, 161 
 limitations for lives in, 26 
 mortgage of, 165 
 nominees name, age, &c, 28 
 Satisfied Terms Act does not apply to, 18 
 surrenders, 27 
 
 abstracted, 163, 165, 166 
 tenures, 23 
 title of Lord of Manor, 28 
 
 CORPORATION— 
 
 statement as to condition of, 212 
 
 COUNSEL— 
 
 information to be given to, 75, 77 
 
 COUNTERPARTS— 
 of old deeds, 29 
 
 COURT — see Bankruptcy — Probate. 
 assize of, statement of records of, 94 
 Chancery proceedings, 64, 69 
 
 „ „ abstracted, 120, 121 
 
 COURT ROLLS— see Grant. 
 
 as to, 25 
 
 abstracted, 161, 163, 164, 165, 166, 167, 168 
 COVENANTS— 
 
 as to, 54, 57 
 
 abstract of what should shew, 55 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 233 
 
 CO VEN ANTS— con tinned. 
 
 annuity for payment of, 130 
 articles of marriage in, 99 
 assignees in bankruptcy by, 157 
 Conveyancing Act, 1881, effect of, 55 
 exceptions shewing, 109, 119 
 fines to levy, 55 
 
 „ abstracted, 148 
 freeholds, conveyance of, in, 127, 149, 153 
 
 „ settlement of, in, 109, 119, 171, 176, 180 
 incumbrances against, 56 
 
 „ various abstracted, 124, 138, 139, 142, 159, 
 176, 187, 188, 194 
 insure to, 153 
 interest on mortgage, to pay, 153, 191, 193 
 
 „ on portion, money to pay, 118 
 
 „ by parties having none, 149 
 joint and several, 124 
 leases in, 56 
 lessor by, 182 
 lessee by, 182 
 mortgages in, 153, 193 
 produce to, 56 
 
 „ abstracted, 171 
 
 seisin of, by vendor, 149 
 statutory deed in, under 8 & 9 Vict. c. 119, 57 
 
 „ „ abstracted, 160, 176 
 
 succession duty against, 206 
 title of restricting, 217 
 titles in, to leaseholds, 56 
 
 „ „ abstracted, 181, 182, 187, 188, 191, 
 
 193, 194 
 usual, 55 
 
 „ abstracted shortly, 109, 119, 127, 131, 159, 171, 176, 
 178, 198 
 
 CREDITORS— see Conveyance. 
 
 CROWN DEBTS— 
 as to, 69 
 
 CURTAILMENT— 
 
 as to, 6 
 
 recitals of, 44 n. (a) 
 
 CURTESY— 
 
 tenant by, 13 n. (a) 
 
 CUSTOMARY FREEHOLDS— see Copyholds. 
 CUSTOMS— see Copyholds. 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 234 INDEX. 
 
 DATES— 
 
 charters of, 83, 209 
 
 deeds of, how to he stated, 39, 122 n. (a) 
 
 fines and recoveries of, 65, 66 
 
 „ „ stated, 113 
 
 letters patent, 83 
 
 DEATHS— 
 
 statement of, 85 and passim 
 
 burial and, 94, 97 
 
 homage by presentment of, 164 
 
 intestate leaving eldest son, 143 
 
 letters of administration as evidence of, 140 n. (a) 
 
 probate as evidence of, 140 n. (a) 
 
 probate and, 174 
 
 unmarried and intestate, 97 
 
 DECLAKATIONS AND AGREEMENTS— see Proviso- 
 Uses— Covenants— Dower — Trusts — Trustees. 
 as to, 54 
 
 cancelment of deeds as to, 200 
 clauses in deed as to, 101 
 collateral securities as to, 34 
 
 „ ,, abstracted, 132 
 
 delivery up of deed as to, 200 
 dower as to, 54 
 
 „ abstracted, 127, 161, 172, 176, 197 
 enfranchisement limiting, 170 
 evidence as, 13 
 failure of issue proved by, 65 
 fines of, 149 
 
 limiting liability of assurance society, 207 
 recovering uses for suffering as to, 113 
 statutory abstracted, 146 
 trusts of, of term, 105, 117, 133 
 
 „ of term to attend inheritance, 123, 12S 
 trustees receipts as to, 132, 153, 178, 180 
 vesting period of, as to, 184 
 
 DECREES AND ORDERS— 
 as to, 69 
 
 abstracted, 94, 121, 127 
 recital of, 217 
 statement of, 122 n. (a.) 
 
 DEEDS — see Conveyances. 
 acknowledged as to, 46 
 cancelment proviso for, 200 
 custody not in, recital of, 43 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 2-V> 
 
 DEEDS — continued. 
 
 delivery up of proviso for, 200 
 
 earlier recital of, 14 
 
 enrolment of, 40 
 
 irrelevant parts of, as to, 30 
 
 language and arrangement of to be followed, 39 
 
 length of to be noticed, 74 
 
 lost, 18, 19, 29, 31, 73, 125 n. (p.), 128 
 
 names of should be stated, 40 
 
 names of holders of or their solicitors, 72 
 
 non-execution of by purchaser, 57 n. (a.), 127 n. (a.) 
 
 old parties to, 41 
 
 poll abstracted, 84, 90, 134, 143, 161, 174, 185, 189, 211 
 
 „ variations in execution of, 90 n. (c.) 
 power or trust in exercise of, 45 
 
 „ „ ,, abstracted, 111, 133 
 
 previous depending on, 15 
 prior assurance referring to, 3, 13 
 recitals reference to in, 122 n. (a.) 
 variations in names and signatures, 101 
 
 „ „ time of executed, 173 
 words of when to be counted, 74 
 
 DESCENTS— see Pedigree. 
 as to, 65 
 statement showing, 85 & sqq, 93, 143 
 
 DEVISE— see Will. 
 
 DISCLAIMER— see Conveyance. 
 
 DISENTAILING DEED— see Conveyance. 
 
 DOCUMENTS— 
 
 referred to in recitals, 59, 122 n. (a.) 
 
 DOWER — see Declaration. 
 barred or prevented, 23 
 declaration against, 127, 161, 172, 17G, 197 
 release of, 23 
 uses to prevent, 127 
 
 EASEMENTS— 
 
 as to, 22, 49 
 abstracted, 148 
 exception of, 181 
 
 ENCRO AC HMENTS— 
 
 as to, 22 
 
 Text pp. 1—79. Forms pp. SO— 217.
 
 236 jxdex. 
 
 ENDOB8EMENT8— 
 
 awards and deeds, inrolment of, 59 
 
 „ „ abstracted, 136, 180 
 
 cancelments of, 59 
 certificates of acknowledgement of married women, 59 
 
 „ d, i :;'.), L60 
 
 covenants, to produce of, 59 
 collateral, agreemenl a of, 59 
 paj ment of mortgage monies, 59 
 
 „ „ „ abstracted, 154 
 receipts abstracted, 90, 99, 124, 128, and passim. 
 by Building Society, 178 
 registration of deeds, 59 
 
 abstracted, 180 
 chedules "f, 51 
 
 in, livery of in feoffment, 40, 59 
 „ „ abstracted, 90, 1 1 1 
 
 E NFBANOHIS I1MENT— see CorvnoLns— Con vkvance. 
 
 EVIDENCE— see Declabation - Extbaots. 
 
 date of birth in baptismal certificate an, 65 n. (b.) 
 
 faci ni', 75 
 
 family Bible as, 65 
 
 I [erald'e < !oll< ge, entries in, 65 
 
 issue of (allure of, 05 
 
 legitimacy of, >'■'■< 
 
 lost deeds of, 7:; 
 
 Navy Office, 65 
 
 pedigree and descenl i in support of, 65 
 recitals as, 42, 43, 49 
 required bj < 'onveyancers, 75 
 
 EXAMINATION— 
 
 of abstract, 70 
 
 EXCEPTIONS— seo Parcels —Rkbeuvations. 
 as to, 49 
 
 abstracted, 148. 181 
 covenants in, 55 
 
 „ abstracted, 119 
 
 EXCHANGES 
 
 an to, 20, 21 
 
 abstracted, !!>•"> 
 abstracts separate, windier necessary, 20, 21 
 eviction classes in effect <>f". 21 
 warranty or right of reentry under, 21 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 237 
 
 EXECUTION— sec Attestation, Deeds, Wil I 9. 
 
 abstracted, 154, 157, 160, L61, L63, L64, 166, 171. 17::, 171. 
 170, 178, 180, 182, 185, L86, 187, 188, L89, 191, 
 193, L95, 199, 200, 206, 208, 212, 213, 215, 216, 
 
 217 
 
 non-execution by otic party, 173 
 
 testator by direction of, 201 
 attorney by, 57 
 
 variations in names and signatures, 57 
 wills old in, 63 
 whom by to be stated, 57 
 
 EXECUTOR— see Wilis. 
 
 appointment of, 63, 85 n. (a.) 
 „ abstracted, 91, 97 
 
 EXEMPLIFICATION— see Recovery. 
 
 EXEMPTIONS— 
 
 from copyhold rents and services, L69 
 
 EXTRACTS— 
 
 assessments, rate books, monuments, &c, from, 31 
 family registers from, 93, 95 
 masters' report from, 123 
 
 FAIR COPIES— see Folios. 
 
 as to, 73 
 FAMILY REGISTERS— see Certificates — Extracts- 
 Registers. 
 
 FACTS— 
 
 proof of, 75 
 
 FEOFFMENT— 
 
 as to, 40 
 
 abstracted, 89, 144, 210 
 endorsement of livery of seisin on, 40. 5'.) 
 „ „ „ abstracted, 90, 144 
 
 warranty in, 56 
 
 „ abstracted, 90, 146 
 
 FIGURES— 
 
 when to be used as to the parties, 89 n. (6.) 
 
 FINES— 
 as to, 65 
 abstracted, 150 
 parcels of, GG 
 
 FOLIOS— 
 
 of deeds when to be counted, 71 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 238 INDEX. 
 
 FREEHOLDS — see Abstract — Conveyance — Title (and other 
 special headings, and Precedents generally). 
 as to. 12. 23 
 title to, commencement of, 13 
 
 „ deeds to be selected for, 13 
 „ deed executing power as, 14 n. (a.) 
 „ disentailing deed as, 14 n. (a.) 
 „ mortgage as, 14 
 „ voluntary deed as, 14 n. (a.) 
 „ will as, ] 4 
 period for deduction of usual, 1, 12 
 „ „ when more, 15 
 
 „ „ less, 19 
 
 FURTHER CHARGE— see Mortgage 
 abstracted, 154 
 
 GENERAL WORDS— 
 
 as to. 49 
 
 abstracted, 84, 85, 90, 91, 95, 99, 100, 104, 112, 115, 126, 
 
 131, 148, 169, 197 
 effect of Conveyancing Act 1881 on, 49 
 when placed continuously, 90 n. (a.) 
 
 GLEBE — see Advowson 
 
 GLOSSARY— 219 
 
 GRANTS — see Annuity — Charter — Copyholds — Tithes. 
 annuity of, 128 
 charter of, 209 
 copyholds of 26 
 
 „ abstracted, 161 
 Crown from title under, 16 
 
 „ „ abstracted 83, 91 
 tithes of, 98 
 word effect of, 46 n. (b.) 
 
 HABENDUM— 
 
 as to, 50 
 
 annuity extinguishing, 205 
 
 by reference, 139 
 
 chief lord of, fee of, 138 
 
 discharging copyhold rigbts &c, 1G9, 170 
 „ equity of redemption, 167. 194 
 
 „ trusts incumbrances &c, 123, 217 
 
 knight service, 92 
 
 merging terms, 142 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 23<J 
 
 HABENDUM— continued. 
 
 should show exact limitations, 50 
 
 „ „ limitations to joint tenants, 50 
 „ „ names, a.^es, &c, of nominees, 50, 181, 182 
 
 subject to charges, debts, &c, 50 
 
 „ „ „ abstracted, 10:5 
 
 subject to covenants in lease, 187 
 
 „ exceptions and reservations, 118, 198 
 
 „ quit rent, 198 
 
 „ redemption, 205 
 
 „ trusts in prior deeds, 110, 21G 
 
 In various deeds, 
 annuity deed, 129 
 appointments, 130 
 
 Bankruptcy, bargain and sale in, 157 
 common recovery deed for suffering, 112 
 common rights grant of, 170 
 confirmation of will of, 175 
 conveyances, 99, 113, 138, 151, 216 
 copyholds grant of, 162, 164, 166 
 Conveyancing Act 1881 under, 50 
 disentailing, 112 
 enfranchisement, 169 
 fee in, 197 
 
 feoffment of, 90, 141 
 grants of term, 131 
 leaseholds assignment of, 187, 193 
 „ mortgage by way of, 205 
 „ release by beneficiaries, 189 
 „ under power, 194 
 „ demise of, 181 
 letters patent, 84, 92 
 mortgage, 150, 151, 205 
 partition deed, 139 
 surrenders of copyholds, 167 
 
 „ term, 141 
 tenant for life by, under settled Land Act 1882, 217 
 term assignment of, 123, 128 
 enlargment of under Conveyancing Act 1881, 216 
 
 HEADINGS— 
 
 as to, 36, 80-82 
 
 summary of when several, 82 n. (c.) 
 
 when to be repeated, 83 n. (a.) 
 
 HEIRSHIPS— see Descent— Pedigbee. 
 how shown, 34, 65 
 how traced, 84-87, 93, 94 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 240 INDEX. 
 
 IDENTITY— see Parcels. 
 as to, 34, 47, 48 
 how to be shown, 136, 186 
 
 INCLOSURES 
 
 act authorising to be abstracted or sent, 22 
 
 INCUMBRANCES— 
 
 as to, 9, 34, 35 
 
 how shown, 137, 181 
 
 INDEMNITY— see Trustees. 
 
 clause abstracted, 109, 118, 152, 180. 
 
 INDUCTION— 91 
 
 INQUISITIONS— 
 
 value of in regard to estates, 92 n.%* 
 
 INROLMENT— 
 as to, 59 
 memorandum of abstracted, 113, 136, 157 
 
 INSOLVENCY— 
 
 as to, 68 
 
 INSTALMENTS— 
 
 consideration payable in, 136 n. (b.) 
 
 INTEREST— see Proviso. 
 
 INTERLINEATIONS— 
 as to, 74 
 
 INTESTACY — see Letters of Administration. 
 how stated, 97, 140, 143, 144, 187 
 
 ISSUE — see Declarations. 
 
 failure of, how proved, 65, 97 
 
 JOINTURE— 
 
 as to, 19 
 
 JUDGMENTS— 
 
 as to, 69 
 
 abstracted, 134 
 
 searches, 137, 181, 208 n. (7/.) 
 
 LAND-TAX— 
 
 as to, 22 
 
 certificate of Commissioners for Redemption of, 136 
 
 evidence assessments of, when, 34 
 
 when realty when personalty, 23 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 241 
 
 LEASEHOLDS — see Assignment for forms of assignment — 
 Mortgage. 
 
 as to, 29-34, 
 
 exceptions and reservations to be shewn, 30 
 — -expired lease not to be set out, 3, 50, n. (a) 
 
 liabendums to be set out accurately, 29 
 
 lessor and underlessor's titles, 32 
 
 renewal of lease, 30 
 
 rents, apportionment of, 31 
 
 Satisfied Terms Act does not apply, 18 
 for lives, 
 
 names and ages of nominees to be shewn, 30, 182 
 
 period for deduction of title to, 29 
 
 renewal of lease as to, 30, 130 n. (a) 
 
 where lease lost, 29 
 for years, 
 
 commencement of abstract, 31 
 
 deeds when lost, 31 
 
 leases under powers, 32 
 
 period for deduction of title, 31 
 under corporate bodies, 
 
 title, period for deduction of, 34 
 „ what to be shewn in, 33 
 
 trusts affecting, 33 
 
 LEASE AND KELEASE— see Conveyance. 
 
 LEGACY— see Will. 
 
 charged on freeholds with power of sale, 173 
 specific gift of, 142 
 
 LETTERS OF ADMINISTRATION— 
 
 as to, G4 
 
 act of Court on grant of, 187 
 
 evidence of death and intestacy, 140 n. (a) 
 
 limited abstracted, 140 ns. (a) (b) 
 
 when recalled, 65 
 
 LETTERS PATENT— 
 as to, 16 
 abstracted, 83, 91 
 
 LICENCE— 
 
 assign leaseholds to, 186 
 condition in to be copied, 88 n. QJ) 
 demise to grant, 211 
 name and arms to bear, 87 
 
 LIMITATIONS, STATUTE OF— 
 
 as to, 3, 12 
 
 reasons for rule under, 12 n. (a), 13 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 242 INDEX. 
 
 LIMITED ADMINISTRATION— see Letters of Adminis- 
 tration-. 
 
 LIS PENDENS— 
 as to, 69 
 
 LIVERY OF SEISIN— see Feoffment. 
 memorandum of, 146 
 
 LOST DEEDS— 
 
 circumstances attending loss, 73 
 evidence of how supplied, 29, 31, 73 
 statement of, 125, n. (b), 12S, 139 
 
 MANORS — see Copyholds — Customs. 
 
 MARGINS— 
 
 object of, 6 n. (a) 
 
 tables of, 78, 79 
 
 MARGINAL NOTES— 
 
 as to, 31, 74 
 
 how made, 103, 186 
 
 MARRIAGE— 
 
 articles of, 99 
 
 certificates and statements of, 84, and passim 
 
 MARRIAGE SETTLEMENTS— 
 abstracted, 102, 114 
 dower in bar of, 23 
 
 MEMORANDUM— 
 
 agreement to deposit title deeds, 200 
 livery of seisin of, 140 
 mortgage money, receipt of, 201 
 registry of, 90, 146, 173 
 
 MISDESCRIPTION— 
 parcels of, 103 n. (b) 
 parties of, 102 
 
 MOIETY— 
 
 described in deed, 165 
 
 MONUMENTS— 
 
 as evidence, 34, 65 
 
 MORTGAGE— 
 
 freeholds of, 150 
 
 „ and leaseholds, 202 
 
 building society to, 176 
 copyholds of, 165 
 
 Text pp. 1—79. Forms pp. 80— -217.
 
 INDEX. 243 
 
 MOBTGAGE— continm d. 
 
 copyholds, admittance under, 1GG 
 further charge, 151 
 leaseholds, 189 
 
 NAMES— 
 
 as to, 28, 37, 41 
 deeds of to be stated, 40 
 deeds, holders of, 72 
 parties of inispelt, 102 
 
 NAME AND AEMS 
 condition as to, 86 
 
 NEXT PKESENTATION— see Presentation. 
 
 ORDEKS OF COURT— see Bankruptcy— Court— Insol- 
 vency. 
 
 PARCELS— 
 
 as to, 37, 46-48 
 
 ambiguities and variations in, 47 
 description by reference, 48 
 
 abstracted, 98, 103, 112, 115, 123, 126, 141, 145, 14S. 151, 
 159, 160, 163, 164, 166, 167, 168, 175, 170', 177, 188, L89 
 190 
 descent showing, 145 
 exceptions, 148, 181 
 exchanged when, 48 
 grant of lease showing, 176 
 identity, 47, 137 
 
 part only sold, 47, 48, 103, 186 n. («) 
 releases remainders and reversions on sale of, 48 
 schedule when conveyed by, 94, 103 n. (a) 
 statements at end of, 48 
 various tenures, 
 
 freeholds fully, 100, 103. 137, 138, 115, 150, 
 196. L98, 204 
 „ shortly. 112, L15, L24, L26, 151, 
 168, 175. L76, L81, L79, L89 
 copyholds, 161, 162, if.::. 166, L69, 170 
 leaseholds, 181, L86, L88, L89, 190, 192, 
 194, 205 
 in various deeds and document*, 
 
 administration limited, 1 11 
 appointment, 130 
 award, 135 
 bargain and sale, 157 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 244 INDEX. 
 
 PAECELS— continued. 
 
 common recovery, 113 
 composition, 169 
 endorsed deed, 110 
 enfranchisement, 169 
 feoffment, 113 
 fine, 150 
 grant of annuity, 129 
 
 „ common rights, 170 
 tithes, 92, 97, 9S, 104 
 letters patent of advowson and glebe, 83, 85, 
 
 86, 89 
 moiety, conveyance of, 165, 169 
 remainder conveyance of, 126 
 statutory conveyance, 160, 176 
 will of realty and personalty, 183, 201 
 
 PARTIES— see Deeds. 
 as to, 40, 42 
 
 capacity in which they execute, 41 
 characters and rank of, 41 
 deeds old to, 41 
 having no interest, 41 
 
 how distinguished when several of same name, 28, 37, 41 
 names and callings of, 40, 80 n. (a.) 
 
 „ when misspelt, 102, 185 
 lineage of, 144 
 residence of, 40 
 
 PARTITION - 
 
 as to, 21 
 
 deed abstracted, 137 
 
 PEDIGREE— 
 as to, 65 
 
 affidavits verifying, 144 n. (6.) 
 stated, 86, 87 n. (a.), 93 
 seisin, evidence of, 34, 65 
 
 PEWS— 
 
 grant of, 103 
 length of title to, 17 
 messuage appurtenant to, 17 
 
 PLANS— 
 
 as to, 59 
 
 POLICY - 
 
 of life assurance, 206 
 
 POWEES OF ATTORNEY— 
 
 where not exercised, 149 ns. (a.) & (&.) 
 
 Test pp. 1—79. Forms pp. 80—217.
 
 INDEX. 245 
 
 POWERS— 
 as to, 52 
 appointing new trustees — fully, 108 
 
 „ „ —shortly, 118, 184 
 
 „ proxy, 185 
 authorising execution, 57 
 codicil in, 173 
 copyholds to surrender, 1G2 
 creditors conveyance in trust for, 178 
 distress and entry of, 105, 116 
 exchange, 118 
 execute release to, 134 
 leasing, 108, 113, 118 
 portions for raising, 106 
 
 „ „ presumptive, 108 
 person abroad bv, 174 
 possession to deliver, 146 
 probate to take out, 185 
 rents to receive, 178 
 sale of 178, 190, 206 n. (b.) 
 surfer judgment to, 134 
 
 PRESENTATION— 
 as to, 17 
 abstracted, 90 
 
 PROBATES— 
 
 abstracted, 86, 91, 97, 125, 142, 174, 175, 185 
 evidence of death of testator, 125 n. (a.) 
 statment where none, 164 
 
 PROOFS— 
 
 of statements and facts, 34, 75 
 
 PROVISOES— see Powers. 
 as to, 52, 54 
 
 alienation without further licence, 1S6 
 appointment of new trustees, 108 
 cancelment or delivery of deeds for, 200 
 cesser of terms, 107, 118, 138 
 deed creating term in, 53 
 interest for reducing, 153 
 limiting mortgage monies, 153 
 maintenance and education for, 10S, 118 
 onus of proof for, 31, 182 
 portions advances to be part of, 118 
 
 „ „ for vesting, 118 
 presumptive shares for raising, 108, 118 
 redemption for, 151, 165, 190, 205, 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 246 INDEX. 
 
 re-entry, 53, 1S2 
 
 reassignment or sale in mortgage, 190 
 reduction of interest, 153 
 reimbursement of trustees, 109 
 reserving right of mortgage, 153 
 restraining exercise of power of sale, 191 
 restricting covenants for title, 217 
 
 „ liability^under assurance, 207 
 
 ,, licence to assign, 186 
 
 subject to conditions and rules, 207 
 survivorship between children, 107, 118, 184 
 void, making policy for fraud, 207 
 „ „ covenant to produce, 171 
 
 RATES— 
 as to, 34 
 
 REAL ESTATE 
 
 liable to debts without express charge, 164 n. (a.) 
 
 REAL PROPERTY LIMITATION ACT 1874— 
 as to, 3, 4 n. (a), 12 n. (a.) 
 
 RECEIPTS— 
 
 as to, 58, 59 
 
 abstracted, 90, 99, 124, 128, 133, 134, 139, 146, 150, 154, 
 
 160, 167, 176, 178, 182, 187, 188, 191, 193, 195, 
 
 199, 211, 213 
 endorsed on inner skin, 188 n. (&.) 
 incomplete, 119, 182, 195 
 
 mortgagees, and trustees of, a good discharge, 109, IIS, 153 
 several, 124, 128 
 since Conveyancing Act 1881, 59 n. (d.) 
 
 RECEIPT CLAUSE— see Consideration. 
 
 RECITALS— 
 as to, 42-44 
 
 administration grant of, 140 
 agreement to assign premises on trust, 179 
 
 „ „ confirm will, 175 
 
 „ „ enfranchise, 169 
 
 „ „ exchange, 195 
 
 „ „ loan for, 150 
 „ pay, 122 
 
 „ „ repurchase annuity, 132, 203 
 
 „ „ surrender, 141 
 approbation of indenture by Master, 122 
 application to Court, 121 
 attainment of full age, 102, 120 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 247 
 
 RECITALS— continued. 
 
 banking account, monies due on, 202 
 bankruptcy, proceedings in, 155, 150, 158 
 bond and warrant of attorney, 129 
 building society, rules of, 177 
 Chancery, proceedings in, 120, 121, 122 
 conditions in life policy, 206 
 conditions, name and arms, 88 
 contracts for annuity, 128 
 
 sale and purchase, 89, 98, 125, 128, 158 
 
 „ „ of reversion, 125 
 
 covenants to enter into, 203 
 curtailment, care in, 44 n. (a.) 
 custody of title deeds, 199 
 death of, 88, 120, 158 
 
 „ eldest son leaving, 111 
 
 „ without exercising power, 1 20 
 
 „ leaving issue, 120 
 
 „ probate and, 88, 175 
 
 „ probate and seisin, 216 
 
 „ without issue, 125 
 decree, 121 
 
 „ hearing and, 121 
 debt, 179, 193, 202 
 deeds, earlier, 3 
 
 „ lost, 20 
 dower, barring of, 168 
 elder son of, 111 
 evidence as, 14, 29, 31, 42, 43 
 fact of or law, 14, 42 
 further advance, 192 
 heirship, 98 
 intention of assignment, 189 
 
 „ „ enlargement of term, 215 
 
 „ „ marriage, 114, 172 
 
 „ „ recovery, suffering of, 111 
 
 „ „ testator, 175 
 intestacy, 140, 141 
 
 „ without issue, 98, 144 
 
 irrelevant, matters of, 147 
 issue, 114, 120 
 leaseholds, title to, of, 202 
 life assurance, proposal of, 206 
 loan, 90, 177, 189 
 marriage of, 102, 119, 125 
 
 „ contract of, 94 
 
 settlement of, 94 n. (a.), 102 
 mesne assignments, 133 
 
 Text pp. 1—79. Forms pp. 80—217. 
 
 S 2
 
 248 
 
 INDEX. 
 
 EECITALS — continued. 
 
 mortgage money, non-payment of, 193 
 
 payment of interest, 193 
 
 payment of premium, 206 
 
 petition, 87 
 
 prelude to objects of deed,' 42 
 
 prior deeds referring to, 122 n. (a ) 
 
 powers, 110, 120 
 
 report of master, 121 
 
 sale, exercise of power of, 158 
 
 seisin of, 98, 128, 140, 148, 168. 195. 202 
 
 „ „ subject to mortgage, 179, 202 
 surveyor's estimate of, 196 
 taxation of, 122 
 term, assignment of, 189 
 
 „ no money raised under, 217 
 „ ownership of, 202 
 „ satisfied vesting of, 127 
 „ surrender of, 141 
 trusts or powers of, 43 
 trustees appointed bv Court, 217 
 twenty years old deeds of, 42 
 will, codicil, and death, 177 
 „ and probate, 186 
 „ interest under, 215 
 „ without power of sale, 216 
 within recital, 43 
 „ objection to, 43 
 RECONVEYANCE— 
 
 clause of to be abstracted, 53 
 RECOVERY— 
 
 exemplification of, 66, 113 
 RECTORY — see Advowson. 
 
 REDDENDUM— 
 
 as to, 50 
 
 what it should show, 50, 181 
 
 REFERENCES— 
 
 to parties, 41 
 
 „ not interested, 41, 147 
 irrelevant matters, 147 
 previously abstracted deeds, 109, 111 
 
 „ named parties, 98 n. (b.) 
 
 „ described parcels, 112,126,151,108, 169, 175,189 
 
 titles different of headings, 82 n. (a.) 
 wills not proved, 61, 1G4 
 why repeated, 83 n. (a.) 
 
 Text pp. 1 — 79. Forms pp. 80 — 217.
 
 INDEX. 249 
 
 REGISTERS — sec Certificates. 
 deeds and awards, 59 
 family, 93-96 
 places of marriages, birth, and burial to be stated, 100, 
 
 109 n. (b.) 
 steward's tithe account, 97 
 of wills not proved, 16-4 
 
 RELEASE — see Conveyance. 
 
 bargain and sale, reference to in, 40 
 in leaseholds, 189 
 legacy of, 143 
 
 REMAINDER— see Conveyance. 
 
 RENT— 
 
 peppercorn, 131 
 
 RENT CHARGE— 
 as to, 19 
 
 RENUNCIATION— 
 of a will, 185 
 
 RESERVATIONS— 
 
 of right of way, 49 
 
 „ „ abstracted, 148 
 
 REVERSION— 
 
 interest iu, IS 
 
 abstracted conveyance of, 125 
 
 REVOCATION— 
 
 of former will, 97 n. (a), 124, 164, 173, 184 
 of codicil, 97 n. (b) 
 
 RIGHT OF WAY— see Reservation. 
 
 ROYAL LICENCE— 87 
 
 SALE — see Mortgage — Powers. 
 SATISFIED TERMS ACT— 17, IS 
 
 SCHEDULE— 
 
 conveyance in, 103 n. (a) 
 covenant deeds of in, 171 
 
 SEARCHES— see Judgments. 
 Crown debts for &c, 181 
 
 Text pp. 1—79. Forms pp. 80— 217.J
 
 250 INDEX. 
 
 SEISIN — see Covenants — Endorsements — Feoffment — Re- 
 citals. 
 copyholds of grant of, 164 
 how shewn and supported, 34, 87, 93 
 proof of under will when necessary, 14, G4 
 recital of, fact or law whether, 14 
 
 SETTLED LAND ACT 1882— see Conveyance 13 n. (o) 
 216 n. (a) 
 
 SETTLEMENTS— see Marriage Settlements. 
 
 SOCAGE— 
 
 abstracted, 92 
 
 SOLICITOR— 
 
 personally liable when, 11 
 
 STAMPS— 
 
 on lost deeds, 74 
 
 should be examined and why, 74 
 
 STATEMENTS — (afeiv special statements are here given). 
 attainder of 94 
 descent of, 143, 144 
 end of parcels at, 46 
 explaining loss of deeds, 73, 139 
 heir-at-law as to, 92, 143, 144 
 property devolution of, 92 
 searches of, 70, 137 
 registry, 173 
 will not proved, 164 
 
 STATUTES — see Acts of Parliament— and Special Titles. 
 
 STATUTE OF LIMITATIONS— 3, 12 
 
 STATUTORY CONVEYANCE— see Conveyance. 
 
 STATUTORY DECLARATIONS— see Evidence, 
 abstracted, 146 
 
 SUCCESSION DUTIES— 
 
 payment of to be shewn, 70 
 statement as to, 137 
 
 SURRENDER— see Copyholds— Recitals. 
 attorney, power of to, 162 
 mortgage by way of, 165 
 term or, 141 
 will to uses of abolished, 165 
 
 Test pp. 1—71. Forms pp. 80—217.
 
 INDEX. 251 
 
 SWEEPING CLAUSES— 
 as to, 49 
 estate, clause 90, 99, 100, 104, 110, 112, 115, 123, 12*!. 128 
 
 131, 138, 139, 141, 145, 148, 151, 157, [59, L62, If,:;, 165, 
 
 167, 166, 169, 172, 175, 177, 179, 187, 188, 189 (fully), 
 
 190, 194, 197, 198, 205, 211 
 equity of redemption, 179 
 reversion. 95, 99, 100, 104, 110, 112, 115, 131, 138, 139, 145, 
 
 14S, 151, 159, 162, 163, 169, 172, 175, 177, 179, 197. L98. 
 
 211 
 rights, 95, 104, 115, 139 
 
 TABLES— 
 
 for ascertaining date of Statutes, 218 
 
 TENANCY— 
 
 change of to be noticed, 47 
 
 TENURE— 
 
 socage, 92 
 knight service, 99 
 
 TERMS — see Assignment — Peoviso — Surrender. 
 as to, 17, 18, 31, 32, 33 
 assignments of to attend inheritance, 123, 124, 127 
 
 „ „ in leaseholds, 186, 188, 189, 193 
 cesser of, 131 
 
 Conveyancing Act, 1881, how it affects, 33 
 merger of, 142 
 old as to, 17, 33 
 deed enlarging, 215 
 recital of when sufficient, 18 
 satisfied as to, 1 
 
 TESTATUM— 
 
 as to, 44-46 
 
 concisely abstracted, when, 44 
 
 consideration to be stated, 44, 190, 193 
 
 „ „ paid in particular way, 44, 158, 190, 196, 197 
 curtailment of, 6 
 
 exact words to be given when, 44 
 married women, deeds acknowledged by in, 46 
 mortgagees trustees &c. joining, 158 
 operative words to be correctly stated, 46 
 present tense to be used, 89 n. (a) 
 property not subject of abstract referred to, 179 
 in various deeds and documents, 
 administration limited, 140 
 annuity grant of, 129 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 252 
 
 INDEX. 
 
 TESTATUM— continued 
 
 annuity with repurchase clause, 132 
 assignment of leaseholds, 18G, 188, 190, 193 
 bargain and sale in bankruptcy, 157 
 common rights, errant of, 170 
 composition deed, 179 
 confirmation of will, 175, 176 
 copyhold grant, 161 
 deed for delivering copies of deeds, 200 
 
 „ disentailing, 112 
 
 „ for production of deeds, 199 
 demise of' leaseholds, 181 
 enfranchisement, 169, 170 
 exchange, 196, 197 
 feoffments, 89, 115, 210 
 further charge, 192 
 lease and release, 102, 106, 110, 114, 126, 137 ,117, 150, 15S, 
 
 169 
 appointment and release, 156, 150 
 letters patent, h3, 91 
 marriage settlement, 102, 114, 172 
 mortgage, 177, 203, 205 
 
 „ paying off, 158 
 policy of assurance, 207 
 portions for raising, 122 
 proxy appointing, 185 
 remainder conveyance of, 126 
 Royal Licence, 88 
 statutory conveyance, 176 
 Settled Land Act, 1882, under, 217 
 term, assignment of, 122, 128 
 
 „ creation of, 130 
 
 „ enlarging long, 215 
 
 „ surrender of, 141 
 tithes, conveyance of, 93 
 
 TITHES— see Conveyance — Habendum — Testatum. 
 as to, 16 
 
 extracts relating to, 97 
 grant of, 91, 95, 98 
 note as to, 92 
 parcels, 95, 97, 98, 100, 104 
 
 TITHE COMMUTATION ACT— 16. 
 
 TITLES— see Special Headings. 
 as to, 1-4 
 by possession, 4 
 
 Text pp. 1 — 79. Forms pp. 80—217.
 
 INDEX. 
 
 TITLES— continued. 
 
 deduction of, for 40 years, 1, 2, 3, 12 
 
 „ „ more than 40 years, 15, 18 
 „ less than 40 years, 19, 20 
 deeds selected for roots of, 13, 14 
 
 „ when lost, 19 
 equitable, when sufficient, 12 n. (a) 
 evidence, best, must be given, 10 
 
 „ which can be strictly required, 20 
 marketable, what is, 2 
 statutory title restricted, 19 n. (o) 
 registered, how abstracted, 71 
 variation in circumstances of, 11 
 will as root of, 14 
 
 TITLE DEEDS— see Deeds. 
 as to, 72, 75 
 
 TOMBSTONES— 
 
 when evidence, 34, 65 
 
 TRUSTS— see Wills. 
 as to, 51, 52 
 recitals of, 43 
 various forms of, 
 
 acts of Parliament in, 95 
 
 after declared, 148 
 
 annuity to secure, 131 
 
 attend inheritance to, 123, 128 
 
 bargain and sale in, 157 
 
 creditors for, 157 
 
 invest to, 183 
 
 maintenance, 184 
 
 mortgage to building society, 177 
 
 one, absolutely for, 145 
 
 portions to raise, 96 
 
 rents, surplus as to, 131 
 
 „ and profits, receipt of, 131 
 sale for, 180 
 term for raising portions of, fully, 10.) 
 
 briefly, 118 
 wills in, various, 174, 183 
 will of, upon, 216 
 TRUSTEES — see Declarations — Indemnity — Toweus — 
 Trusts. 
 
 USES— see Conveyance. 
 as to, 51 
 
 Text pp 1—79. Forms pp. 80—^17.
 
 254 INDEX. 
 
 USES — continued, 
 various forms of, 
 
 acts of Parliament, 95, 96 
 
 after expressed, 106 
 
 appointees of, 117, 149, 159, 162 
 
 composition in deed of, 180 
 
 contingent remainder to preserve, 95, 104, 115, 172 
 
 dower to bar, 127 
 
 „ free from, 138 
 enfranchisement, deed of, in, 169 
 exercise in default of, 149 
 ' fee in, 149, 159 (copyholds), 165, 197, 198, 217 
 feoffment in, 90, 146 
 fine, deed leading uses of, in, 149 
 in tail male, with remainder, 101, 105, 116 . 
 letters patent in. 83, 90 ; 
 
 life for, sans waste with remainder, 95, 100, 104, 115, 
 
 127 (absolutely), 149 
 „ „ till forfeiture, 172 
 marriage until, 115 
 
 „ articles in, 100, 101 
 
 settlements in, 109, 110, 115, 116, 172 
 portions for, 101 
 
 remainder, conveyance of, in, 126 
 rents to receive, 115 
 securing annuity, 100, 104, 172 
 
 i, „ in bar of dower, 104 
 
 „ rent charge, 95, 116 
 survivors as tenant in common to, 117 
 tenants in common as to, 101, 105, 116 
 term for, 105 
 
 „ sans waste, 116 
 trust partly in, 146 
 trustees, &c, 149, 159, 177 
 will in, 86, 97 
 
 VAILTS— 
 as to, 17 
 grant of abstracted, 103, 110 
 
 VENDOR— 
 
 Conveyancing Act, effect of, as to, 75 
 liable for costs till when, 9, 75 
 special capacity in, 18 
 
 VENDOR AND PURCHASER ACT, 1874-1. 3, 4, 14, 16, 
 
 19, 30, 43 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 INDEX. 255 
 
 WAKRANT OF ATTORNEY— 
 
 abstracted, 134 
 
 WARRANTY— 
 
 in feoffment as to, 5G 
 abstracted, 90, 146 
 
 WASTE LANDS— 
 
 as to, 22 
 
 WAYS— 
 
 as to, 49 
 abstracted, 148 
 
 WILLS — see Probates — Trusts. 
 as to, 60-64 
 
 abstracted, in case of advowson and glebe, 84, 85, 86 
 copyholds, L63 
 freeholds, 124, 142, 173 
 generally, 183, 201 
 leaseholds, 183 
 old will, 63 
 abstracted in case of tithes, 97 
 
 will under power, 124 
 annuity clauses in, 62 
 appointment of executors, 64 
 
 „ „ „ how shewn, 143, 174 
 
 attestation to, 58, 63 
 codicil as to, 63 
 
 ,, revocation, 97 n. (b) 
 confirmation of, 175 
 Conveyancing Act, 1881, effect of, 63 
 death of testator, how shewn, 125 n. (a) 
 
 „ „ when omitted, 125 n. (a) 
 
 devise upon name and arms clause, si; 
 „ charging legacy, 173 
 „ settling estates tail, '.Hi 
 doubtful language in, 61 
 essential parts as to, 61 
 execution, 85, 86, 91, 164, 185 
 omitted, what may be, 60, 61 
 probate of, 63 
 
 stated, 85, 91, 12:., 142, 174, 175, 185 
 „ in various Courts, 125 n. (") 
 „ when none, 64, 164 
 proceedings relative to, ,; I 
 referring to other property, 91, 143, 173 
 registry of, 64, 164 
 
 Text pp. 1—79. Forms pp. 80—217.
 
 256 INDEX. 
 
 WILL S — con tinned. 
 
 release of interest under, 143, 185 
 
 renunciation of, 1S5 
 
 revocation of, 97 n. (a), 164, 173, 184 
 
 roots of title as, P4 
 
 seisin shewing, 14, 64, 1S3 
 
 trusts for sale in, 183 
 
 trustee clauses, 61 
 
 WILLS ACT— 63, 162 n. (&), 97 n. (b) 
 
 Text pp. 1—79. Forms pp. 80—217. 
 
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