Bill of exchange.

Grant of annuity.

When secured by a separate deed.

Transfer of stock.

and for conveying and assuring the same messuages &c. to the use of the said A. B. and his heirs in fee-simple, [or, to the uses, upon the trusts, and for the ends, intents, and purposes hereinafter expressed and declared concerning the same], and in consideration of the sum of £&c. (Vide Art. I.)

XI. In consideration of the said bill of exchange for the sum of £, so drawn and accepted as hereinbefore is mentioned, the receipt of which said bill of exchange and that the same when duly paid will be in full for the purchase money aforesaid, he the said A. B. doth hereby acknowledge (a).

XII. In consideration of the annuity or yearly rent-charge hereinafter secured to the said A. B. and C. his wife, and their assigns, for and during the natural lives of the said A. B. and C. his wife, and the life of the longer liver of them, He the said A. B. hath &c. [or, in consideration of the said annuity or yearly rent-charge of £ so secured to the said A. B. and C. his wife as aforesaid by the said hereinbefore in part recited indenture of the &c.-or, of even date herewith].

XIII. In consideration of the said sum of £ Three per cent. Consolidated Bank Annuities so transferred into

(a) Sometimes the following clause is added :—

"But the said security and acknowledgement, being without prejudice to any remedy or means for compelling payment of the said sum of £ when payable, according to the custom of merchants, or to the amount thereof being a lien and charge upon the said hereditaments until the same shall be fully paid and satisfied." Hall, p. 86.-an unpretending (but unfinished) work, of considerable merit. The vendor's lien for unpaid purchase money is not however extinguished by taking bills or promissory notes. Vide Vol. I. book ii. chap. iii.

and now standing in the joint names of the said A. B. and C. D. in the books of the Governor and Company of the Bank of England kept for entering transfers of such stock as hereinbefore is mentioned, the transfer and receipt whereof the said A. B. and C. D. do hereby respectively admit and acknowledge, and of and from the same, and every part thereof, do hereby respectively acquit, release, and discharge the said E. F., his heirs, executors, administrators, and assigns.

of bankers' acnouring bills

cepting and ho

and drafts.

XIV. In pursuance of the said agreement on the part In consideration of the said A. B., and for effectually saving harmless and keeping indemnified the said C. D., E. F., and G. H., their executors and administrators, of and from all losses, costs, charges, damages, and expenses which they or any or either of them shall or may suffer, sustain, and expend or be put unto for or by reason or means of their accepting, discharging, paying, or duly honouring the drafts or bills of exchange which he the said A. B. shall or may from time to time draw on the said C. D. &c., and in consideration &c., [nominal], He the said A. B. hath &c.

belonged to two common, and devised to trusone having died, tees for sale, surviving tenant sold the entire

as tenants in

who, with the

in common,

XV. In consideration of the sum of £ of lawful Where the land money of Great Britain, in hand well and truly paid by the said A. B. immediately before the execution of these presents, in manner following; that is to say, as to one moiety or half part thereof, to the said C. D. and E. F., to be by them held and applied upon the trusts declared by the said in part recited will and testament of the said G. H. of the money which should arise by the sales thereby authorized and ty. directed; and as to the other moiety or half part thereof, to the said E. F. for his own proper use, and which said sum of £ is in full for the absolute purchase of &c., (vide Art. I.); the receipt of one moiety of which said sum of £ the said C. D. and E. F., as such trustees as aforesaid, do hereby acknowledge, and the receipt of the other moiety of the said sum of £ the said E. F. doth hereby acknowledge, and of and from the said sum of £- they the said C. D. and E. F. Do, and each of them Doth acquit, release, &c. (Vide Art. I.)

Where the purchase is made

by trustee with

trus -money
at the instance
of cestuis que

trust.

Where conveyance is made to the heir at law

of the purchaser, payment of the purchase-mo

who died after

ney and before

conveyance.

Where part has

been already received, and residue is now paid.

XVI. In consideration of the sum of £ of lawful money of Great Britain, to the said A. B. in hand well and truly paid by the said C. D., with the privity and consent and by the direction and appointment of the said E. F. and G. H., testified by their severally executing these presents, [or, testified by this their deed or instrument in writing under their hands and seals; or otherwise, according to the terms of the settlement], He the said &c.

XVII. In consideration that the said purchase money or sum of £ was well and truly paid to the said A. B. by the said C. D. in his lifetime, the receipt and payment of which said sum of £— the said A. B. doth hereby admit and acknowledge, and of and from the same and every part thereof doth acquit, release, and discharge the said E. F. and all other the real and personal representatives of the said C. D. deceased, for ever, by these presents (a), He the said &c.

of lawful money of

XVIII. In pursuance of the said several agreements, and in consideration of the said sum of £ already paid to the said A. B. as aforesaid in part of the said sum of £and in consideration of the sum of £ Great Britain, residue of the said sum of £, to the said A. B., at the request and by the direction of the said C. D., testified by his executing these presents, well and truly paid. by the said E. F. before the execution of these presents, in full satisfaction and discharge of the balance of the purchase money now due and owing from the said C. D. to the said A. B. as aforesaid under and by virtue of the said hereinbefore recited agreement between the said C. D. and A. B. for the sale and purchase of the said messuages and hereditaments hereby released or intended so to be, the receipt of which said sums of £ and £- -, making together the purchase money or sum of £the said A. B. doth hereby

(a) Vide Vol. I. book iii. chap. i. sect. 1., "Of the contract and

its consequences."

acknowledge, and of and from the said sum of £, and every part thereof, Doth by these presents acquit, release, and discharge the said E. F. and C. D. respectively, and their respective heirs, executors, administrators, and assigns, and every of them.

are released and copyholds cove

rendered by one deed.

XIX. In consideration of the sum of £ of lawful Where freeholds money of Great Britain, being the purchase money for the said freehold hereditaments, well and truly paid to the said nanted to be surA. B. by the said C. D. immediately before the sealing and delivery of these presents, the receipt of which said sum of £and also of the sum of £ for the said copyhold hereditaments (a), making together the sum of £, the said A. B. doth hereby acknowledge, and of and from the same, and every part thereof, Doth hereby acquit, release, and for ever discharge the said C. D., his heirs, appointees, executors, administrators, and assigns, He &c.

XX. In consideration of the sum of £

of lawful When paid to

money of Great Britain, to the said A. B., as the executrix of the last will and testament of the said C. D., well and truly paid by the said E. F., immediately before the execution of these presents, with the privity, consent, and approbation of the said C. B., the husband of the said A. B., and in full for the absolute purchase of the said reversionary term of years determinable as aforesaid, the receipt of which said sum of £she the said A. B. doth hereby acknowledge, and of and from the same, and every part thereof, she, and also the said C. B., Do hereby acquit, release, and for ever discharge the said E. F., his heirs, executors, administrators, and assigns, and every of them.

executrix during

husband's life

for a reversionary interest.

(a) When copyholds are purchased with other property, of a different tenure, at an entire price for the whole, it is necessary to apportion the consideration, in order that some part of the ad valorem duty may be paid on the surrender; for that, as regards copyholds, is the "principal" instrument within the meaning of the Stamp Act, 55 Geo. 3, c. 184. For Forms of Recitals of Apportionment, see Recital Book, p. 91.

Re-purchase of annuity.

When the sale and purchase are both under the decree of the Court.

Where it is to be held upon trusts of will.

XXI. In consideration of the sum of £— of lawful money of Great Britain, to the said A. B. in hand well and truly paid by the said C. D., at the request and by the direction of the said E. F., (testified by his being a party to and executing these presents), the receipt of which said sum of £ in full for the re-purchase of the said annuity of £, the said A. B. doth hereby admit and acknowledge, and of and from the same, and every part thereof, Doth acquit, release, and discharge the said C. D., his heirs, executors, administrators, and assigns, and also the said messuages &c., by these presents.

XXII. In pursuance and obedience to the several hereinbefore recited decrees and decretal orders and proceedings of the High Court of Chancery, and for carrying the same into complete effect, and also in consideration of the said sum of £- carried over to the credit of the said cause, A. B. against C. D. as aforesaid, the application of which said sum they the said A. B. &c. do hereby acknowledge, and of and from the same, and every part thereof, as far as they are respectively entitled, Do hereby acquit, release, &c. (Vide Art. I.)

XXIII. In consideration of the sum of £ of lawful money of Great Britain, by the said A. B. well and truly paid unto the said C. D. and E. F. immediately before the execution of these presents, to be held by them upon the trusts, and for the ends, intents, and purposes in and by the Isaid last will and testament of the said A. A. declared and expressed of and concerning the monies to arise from the sales thereby directed; the receipt of which said sum of £, in full for the absolute purchase of the messuages ortenements and hereditaments hereinafter described and hereby released or otherwise assured, and the fee-simple and inheritance thereof, free from incumbrances, (except the existing leases thereof), the said C. D. and E. F. do hereby acknowledge, and of and from the same, and every part thereof, Do, and each and every of them Doth, by these presents, acquit, release,