and securities in or upon which the same or any part thereof shall at any time hereafter be invested, and all and every the powers and remedies, both at law and in equity, of him the said A. B., for recovering, receiving, and enforcing the payment of the same, and all benefit and advantage incident or belonging thereto; And all the right, title, &c. of him the said A. B., of, in, and to the present and future interest, dividends, and proceeds, to accrue from or be paid. or payable in respect of the said several sums of £— and £― for and during the joint natural lives of the said A. B. and C. his wife.

of terms.

XLIV. 1. All such and so many and such part and In assignment parts of the messuages, pieces, or parcels of land and other hereditaments hereinbefore mentioned to have been appointed and released to or in trust for the said A. B., his heirs, appointees, and assigns, as are comprised in the said several terms of &c. respectively, with their and every of their rights, members, and appurtenances; And all the estate, right, title, interest, term and terms of years yet to come and unexpired, trust, possession, property, possibility, claim, and demand whatsoever, both at law and in equity, of the said C. D., of, in, or to the same premises, every or any part thereof.

2. All such and so many and such part and parts of the Variations. messuages, pieces, or parcels of land and other hereditaments comprised in the said term of years as are hereinbefore appointed and released, or expressed and intended so to be, [Or, as are conveyed or intended to be conveyed by the said indenture of release of even date with these presents, and the lease for a year upon which the same is grounded], with their rights, members, and appurtenants; And all the estate &c.

3. All those the messuages &c. which were comprised in the said term of years, or became subject to

to a certain redeemable annuity or yearly sum of £300, payable on account or in respect of the investment of the sum of £10,000, in certain stock or funded property denominated the 3 per cent. Consolidated Bank Annuities. 4 Ves. 751; 9 Ves. 177. Vide Lord Goderich's speech on the National Debt.

In assignment

by a mesne

chaser.

that term, and vested in the said A. B., either by the means aforesaid, or any other means, and as were or are comprised in the said indenture of lease, bearing date on the day next before the day of the date of these presents, and indenture of release, bearing even date with these presents, and every part and parcel of the same, with the rights, members, and appurtenants; And all the estate, &c.

4. All those the said manors &c. which are comprised in the said term of &c., and are now vested in the said A. B., and which by the said hereinbefore in part recited indentures of lease and release, bearing date respectively &c., were conveyed and assured &c.

XLV. The piece or parcel of ground, messuage, or tenelessor to a pur- ment, and all and singular other the premises comprised in, and demised or intended to be demised by the said hereinbefore in part recited indenture of &c., with their appurtenants; And the reversion and reversions, and the said yearly rent of £―, and all other rents, issues, and profits thereof; And all the estate, &c.

Tithes, mo

duses, and com

of tithes.

XLVI. 1. All and all manner of tithes, tenths, oblations, positions in lieu and emoluments whatsoever, of or belonging to or parcel of the said respective rectories and parsonages of E. and T., or either of them, arising, growing, renewing, and increasing, and from henceforth for ever to arise, grow, renew, and increase, out of, upon, from, or in respect of All that &c., together with all and singular ways, rights, privileges, advantages, perquisites, commodities, profits, and appurtenances whatsoever, to the said tithes or tenths and hereditaments belonging or in anywise appertaining.

Variations.

2. All the tithes of corn, grain, hay, and pulse, moduses, compositions, customary and prescriptive rents and payments whatsoever, of and in lieu of the tithes of corn &c. yearly and otherwise coming, growing, renewing, or becoming due and payable in or within the township of &c.

3. And all and all manner of tithes, tenths, and moduses or compositions in lieu of tithes or tenths, duties, dues, and demands, oblations, obventions, and offerings of what nature, kind, or sort soever, arising, issuing, accruing, proceeding,

springing, or payable out of or in respect of the said capital messuage or tenements, land, and premises &c.

XLVII. And also all benefit and advantage to be derived In assignment from the trade now or lately carried on by the said A. B., of trade. and the good-will thereof, as far as the said A. B. can assign the same trade or good-will.

XLVIII. And also the full and free liberty, use, and enjoyment of all the water flowing and running down a certain brook called Brook, at a certain part of the said brook, lying below a mill on the said brook, called Mill, in the parish of aforesaid, for all and every use and purpose, from the hour of six o'clock in the morning of every Tuesday until the hour of six o'clock in the evening of every Saturday, for ever; And also the liberty and privilege to erect weirs, banks, and bolts in and across the brook, at the place before specified, to divert, conduct, and convey the water out of the said brook, during all the times before mentioned, along certain water-courses now being across the lands now or late of the said A. B., from the bolt or weir near to the said place called- Mill, as well into the said parcel of land above described, as also into the meadow called the &c., adjoining the &c., and the lands belonging to the said C. D., called the &c., for the purpose of irrigating the said lands, with liberty to cleanse, scour, deepen, and widen the said water-course, when and as often as occasion shall require, for the better conducting the said

water.

Use of a watercourse or brook for the purpose of irrigation.

way.

XLIX. Give and grant, unto the said A. B. and C. D., In grant of their and each of their heirs, appointees, and assigns, owners and proprietors, for the time being, of the pieces or parcels of land, and other hereditaments, hereinbefore granted and released, or expressed and intended so to be, or any of them, or any part thereof, and their respective servants and tenants of the same premises, and their respective tradesmen, workmen, and friends, either alone, or in company with any other person or persons, full and free liberty of ingress, egress, regress, way, and passage, as well on foot as on

Parcels so as to include an accustomed right of way, (immediately following the general words).

horseback, as for carts or carriages, loaded or unloaded, into, through, over, and upon All &c. (a), into, out of, and from the said pieces or parcels of land, and other hereditaments hereinbefore released, or intended so to be, or any of them, or any part thereof, at all times, and upon all occasions, during the continuance of the term of &c., for which the said E. F. now holds the said land, and during the continuance of such further or other term or terms, estate or estates therein, as the said E. F., his heirs, executors, administrators, or assigns, shall or may, at any time or times hereafter, acquire or become entitled to therein.

L. And in particular the right of way or passage, either on foot or on horseback, or with carts or carriages, in, upon, over, through, or across All that new road which

passes over and through certain parts of the close, parcel or parcels of land called &c., as the same way or passage or road hath been used by the said parties hitherto of the first, second, third, and fourth parts, or any or either of them, their or any or either of their tenants or occupiers, for the purpose of more conveniently enjoying all, any, or either of the said messuages &c. hereby released &c.; And also and in particular the soil of all that new road, way, or passage which passes over and through certain parts of the said closes, parcel or parcels of land called &c., and hereinbefore described, and also released &c.; subject nevertheless to a right of way or passage to and for the said parties hereto of the first, second, third, and fourth parts, and every of them respectively, their and every of their heirs, tenants, and assigns, either on foot or horseback, or with carts or carriages, in, upon, over, or across the same roads, for the purpose of more conveniently enjoying all or any of the lands

(a) An accurate description of the land over which the right of way is granted ought to be given. In all cases of this kind a map is particularly useful. "Give me,' said Archimedes, 'give me but another place to stand upon, and I will give motion to the earth.'— Give me,” adds Bentham, in his own quaint style, "give me but a map to point to, and I will give rest and quiet to all that inherit this our portion of the earth's surface." Real Prop. Rep. App. iii. 49.

of the said W. H. &c., as such trustee as aforesaid, or of the said &c., as such mortgagee as aforesaid, which are situated in the said county of &c., and the same last-mentioned rights of way or passage are accordingly excepted and reserved out of the release or other assurance hereby made.

LI. All that railway or road already made over that part of In demise of a certain estate called &c., situated in the parish &c., in the railway. county &c., with full and free liberty, power, and authority for them the said A. B. and C. D., their executors, administrators, and assigns, and their agents, servants, and workmen, with horses, oxen, carts, and other carriages, to drive along and carry upon the said railway all the coal, limestone and lime, and other merchandize, materials, and things which the said A. B. and C. D., their executors, administrators, and assigns, shall or may have occasion to convey along the same, to and from their wharf at the &c., or for any other purpose whatsoever, (except and always reserving out of this present demise unto the said E. F. and G. H., their heirs and assigns, and their servants, agents, and tenants, from time to time, and at all times during the term hereby demised, full and free liberty to pass and repass along, over, and across the said railway with horses, carts, and other carriages, for the purposes of carrying away the produce of the &c., in the parish of &c. aforesaid, and of the other lands adjoining or nearly adjoining the said railway, or for driving or taking their horses or cattle to or from pasture, and also liberty to go along the same on foot or horseback for any other purpose whatsoever.)

LII. Which said eighteen acres of pasture ground are part of the lands, which, by indentures of lease and release, bearing date respectively on or about the &c., the indenture of release being tripartite, and made &c., were assured unto and to the use of the said A. B., his heirs and assigns, for ever; and the said eighteen acres of pasture ground are the lands, which, in the said last-mentioned indenture of release, were ascertained or described in the words or to the effect following, viz.—

Identity of

parcels.

LIII. Which said hereditaments were formerly described Identity of par