Has right to convey. him, made, done, committed, or executed, or knowingly or willingly suffered to the contrary, (except as appears by these presents), he the said C. D. is, at the time of the sealing and delivery of these presents, lawfully, rightfully, and absolutely seised of and in, or well and sufficiently entitled to the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, and every of them, and every part thereof, with their appurtenances, of a good, sure, sole, lawful, perfect, absolute, and indefeasible estate of inheritance in fee-simple, without any manner of condition, use, trust, property, power of revocation, equity of redemption, remainder or limitation of any use or uses, or other restraint, cause, matter, or thing whatsoever, to alter, change, charge, defeat, incumber, revoke, or make void the same; and that for and notwithstanding any such act, deed, matter, or thing as aforesaid, he the said C. D. now hath in himself good right, full power, and lawful and absolute authority to grant, bargain, sell, release, and confirm the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with the appurtenances thereunto belonging, unto and to the use of the said A. B., his heirs and assigns, in manner afore 3rdly. Where an estate is sold by trustees, they are bound only to covenant that they themselves have done no act to incumber, and not for the title generally. But the persons entitled to receive the purchasemoney, unless such persons are creditors, (the estate being sold for the payment of debts), are bound, at least according to the practice of conveyancers, to covenant for the title as if they themselves were the vendors. For Form of lien of covenant in such case, vide art. xxii. 4thly. Where an estate is sold under a fiat of bankruptcy, the assignees (who are in fact trustees for the creditors) are bound only to covenant against incumbrances according to the foregoing rule. The bankrupt, however, is always made a party to the conveyance, (vide Vol. I. book ii. chap. i.), and usually covenants for the title. Sugd. Vend. & Pur. i. 534 -539. With respect to the construction of covenants, the student is referred to the chapter on covenants in the second book of Vol. I. As to what covenants run with the land, vide Spencer's case, in Smith's Selection of Leading Cases, i. 27, with the editor's acute and learned commentary. For Forms of defeazance to covenants for title in order to limit them, as to one of the parties, vide PRECEDENTS, tit. Auxiliary Instruments. said, and according to the true intent and meaning of these For quiet enpresents (a); and that it shall and may be lawful to and for joyinent. (a) In a grant of an advowson, add the following instead of the common covenant for quiet enjoyment:— 1. "And also that, notwithstanding any such act, deed, matter, or thing as aforesaid (except as aforesaid), upon every future avoidance of the said parish churches respectively, it shall or may be lawful to and for the said A. B., his heirs, appointees, and assigns, to appoint and nominate fit and proper clerks, or a clerk, to be the incumbents or incumbent of the said parish churches respectively, to be duly instituted and inducted into the same churches respectively, as the lawful incumbent or incumbents thereof respectively; and that notwithstanding any such act, deed, matter, or thing as aforesaid (except as aforesaid), the clerks so presented or nominated shall or may hold and enjoy the said churches respectively, and the glebe thereof, and the tithes (vide stat. 6 & 7 Will. 4, c. 71), or annual sum or rent-charge in lieu of tithes, and other emoluments belonging thereto, without any let, suit, trouble, eviction," &c. When, in a grant of an advowson, an alternate right of presentation is given, then, instead of the above, insert the following : 2. "And also that, notwithstanding any such act, deed, matter, or thing as aforesaid (except as aforesaid), it shall and may be lawful to and for the said A. B., his heirs and assigns, on the first and next vacancy that may happen by the death, resignation, deprivation, cession, or change of the said E. F., the present incumbent of the rectory and parish church of A. aforesaid, to present some well-qualified clerk to succeed in the said church as the rector or parson thereof; and from thenceforth and for ever thereafter, whenever the said church of A. shall or may become vacant by the death, resignation, deprivation, cession, or change of all or any of the future rectors or incumbents thereof, to present, in perpetual alternate turns with the two other proprietors of the other moiety of the said advowson, some other well-qualified clerk to succeed in the said church as the rector or parson thereof, and to do all other acts which to the office of patron of the said rectory doth of right Free from incumbrances. the said A. B., his heirs and assigns, from time to time, and at all times hereafter, peaceably and quietly to enter into and upon, and to have, hold, occupy, possess, and enjoy the said messuage, lands, and other hereditaments hereinbefore granted and released, or expressed and intended so to be, with their appurtenances, and to receive and take the rents, issues, and profits thereof, and of every part thereof, to and for his and their proper use and benefit, without the lawful let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever of or by him the said C. D. or his heirs, or of or by any other person or persons lawfully or equitably claiming or to claim by, from, or under, or in trust for him, them, or any of them, or by, from, or under the said E. F. the testator; and that free and clear, and freely and clearly and absolutely acquitted, exonerated, released, and for ever discharged; or otherwise, by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all and all manner of former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, right and title of dower, uses, trusts, entails, wills, statutes merchant or of the staple, recognizances, judgments, executions, rents, arrears of rent, annuities, legacies, sums of money, yearly payments, forfeitures, re-entries, cause and causes of forfeiture and re-entry, debts of record, debts due to the Queen's Majesty, and of, from, and against all other estates, titles, troubles, charges, debts, and incumbrances whatsoever, either already had, made, executed, occasioned, or suffered, or hereafter to be had, made, executed, occasioned, or suffered by the said C. D. or his heirs, or by any person or persons lawfully or equitably claiming or to claim by, from, belong and appertain, as fully and amply as the said C. D., his heirs or assigns, might or could do if these presents had not been made, without any lawful let, suit, trouble, hindrance, molestation, interruption, claim, or demand of, from, or by the said C. D., or his heirs, or any other person or persons whomsoever, lawfully claiming or to claim by, from, under, or in trust for him or them." or under, or in trust for him, them, or any of them, or by the said E. F. the testator, or any person claiming under him, (save and except &c.) (a); and further that he the And for further assurance. CEPTIONS. (a) 1. "Save and except a certain mortgage or security FORMS OF Exdated the &c., whereby the sum of £ is secured to be paid out of the said manors, tenements, and hereditaments, to A. B. of &c., together with lawful interest for the same, as therein mentioned; and which said sum of £ is now the property of C. D. of &c., by virtue of or under a certain deed poll, or instrument in writing, under the hand and seal of the said A. B., indorsed on the said last-mentioned indenture, and dated the &c.; upon which said principal sum of £there will be one year's interest due on the &c. now next ensuing." This Form, it will be observed, applies only where the incumbrance has not been previously mentioned. If the estate be conveyed subject to the mortgage (as is usually the case), the exception may be by words of reference, as, 66 save and except as hereinbefore is mentioned." a will. 2. "Save and except an annuity or yearly rent-charge of Annuity under £- which under or by virtue of the last will and testament of the said A. B. is charged or chargeable upon the said hereditaments and premises, or some of them, for the life of" &c. an indenture. 3. "Save and except an annuity or clear yearly rent- Annuity under charge of £, which by an indenture bearing date on or about the &c., and made or expressed to be made between &c., was granted by the said A. B. to the said C. D. for ninety-nine years, determinable on the decease of the said C. D., and the powers and remedies given for enforcing and compelling the payment thereof." 4. "Save and except such annuities or yearly rent-charges, not exceeding £ a year, as have been granted by the said A. B. for his life, or for years determinable on his decease, and such leases and terms of years as have been granted by, and judgments as have been obtained against him for securing the said annuities or any of them, and such terms of years, not exceeding years to any one tenant, as have been granted by the said A. B. of the premises re Annuities, judgments, and terms of years. CEPTIONS. said C. D. and his heirs, and all and every other persons or person having or claiming, or who shall or may have or FORMS OF EX- spectively, to the respective tenants thereof, at the several and respective rents hereinbefore mentioned, reserved, and contained, payable yearly, or oftener during the continuance of the same leases respectively." Proportion of composition of a fee-farm rent. 5. "Save and except the annual sum of shillings, tithe rent, and being the proportion agreed to be paid by the said A. B., his heirs, appointees, and assigns, of a certain composition tithe rent of £ payable to &c. in respect of the said close and hereditaments, together with other hereditaments of the said A. B.; and the further annual sum of being the proportion agreed to be paid by the said A. B., his heirs, appointees, and assigns, of a fee-farm rent of shillings charged upon the said close and hereditaments hereby released or otherwise assured, together with other hereditaments of the said A. B." Duty of repairing a chancel, and an annual payment. Suits, services, and rents. In enfranchisement. Charges apparent, leases, and outstanding terms. (In settlement by indorsement). pence, 6. "Save and except the duty or obligation of upholding, supporting, repairing, and maintaining the chancel of the parish church of A., and also the payment of the said sum of £, payable on &c. in every year, to the vicar of the vicarage of B. aforesaid." 7. "Save and except the suits and services due, and of right accustomed to be performed to the lord or lords of the fee of the said manor, &c., and the rents which shall henceforth become due and payable to the same lord or lords, not exceeding - shillings." 8. "Save and except the copyhold or customary tenure of the said A. B. of and in the said messuage &c., and which is hereby intended to be extinguished." 9. "Save and except such estates and incumbrances as appear on the face of the within written indenture, and also such leases for years as have been granted at any time or times heretofore at improved rents, reserved to be paid, and continuing payable, yearly or oftener during the continuance of the same leases; and also such terms for years, if any, as are outstanding, or as shall be assigned to trustees of the nomination of the said A. B. and C. D., their heirs or assigns, to |