For further

assurance.

(In settlements).

Against incumbrances.

ture and quality thereof respectively, unto the said A. B. and C. D., their heirs and assigns, (subject nevertheless as aforesaid), upon the trusts hereinbefore declared of and concerning the same premises respectively as by the said A. B. and C. D., their heirs or assigns, or their counsel in the law, shall be reasonably advised or devised and required.

LXV. Covenant, promise, and agree with and to the said A. B. and C. D., their executors, administrators, and assigns, by these presents, that he the said E. F., his heirs, executors, and administrators, shall and will from time to time, and at all times hereafter, at the request of the said A. B. and C. D., or the survivor of them, or the executors, administrators, or assigns of such survivor, or of any person or persons interested in the premises, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, things, and assurances, for establishing, corroborating, and confirming these presents, and every clause, matter, and thing herein contained; and for better enabling the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, to perform and execute all the trusts hereby in them reposed, as by the said A. B. and C. D., and the survivor of them, and the executors, administrators, and assigns of such survivor, or any person or persons interested in the premises, or their or any of their counsel in the law, shall be reasonably advised or devised and required.

LXVI. Covenant and declare with and to the said A. B. and his heirs by these presents, that he the said C. D. hath not at any time heretofore made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing whatsoever, whereby or by reason or means whereof the messuage and other hereditaments hereinbefore granted and released (a), or expressed and intended so to be, or any of

(a) Or,

"assigned," "covenanted to be surrendered."

them, or any part thereof, are, is, can, shall, or may be impeached, charged, or incumbered, in title, estate, or otherwise howsoever.

LXVII. Covenant and declare with and to the said A. B., his executors, administrators, and assigns, by these presents, that he the said C. D. hath not at any time heretofore made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, he is in any wise prevented or hindered from releasing and assigning the premises hereinbefore released and assigned, or expressed and intended so to be, unto the said A. B., his executors, administrators, and assigns, in manner aforesaid, and according to the true intent and meaning of these presents.

Against acts preventing as

signments, &c.

copyholds; with variations.

(In purchase deeds).

LXVIII. Covenant, promise, and agree with and to the To surrender said C. D., his heirs and assigns, that he the said A. B., or his heirs, and all other necessary parties, shall and will, on the request, and at the costs and charges, of the said C. D. [purchaser] (a), his heirs or assigns, at or before the next court to be holden for the manor of A., in the county of B., either in person or by attorney (b), surrender into the hands

(a) This provision is not absolutely necessary; as, even in the absence of such a covenant, the purchaser must bear the expense both of the surrender and of his admittance. When it is the intention of the parties that the vendor, and not the purchaser, shall sustain the expense of surrender and admittance, care must be taken, in framing the covenant, to stipulate also for the payment of the fine consequent on admittance; for a mere covenant by the vendor to surrender and assure the copyholds at his own cost, does not make him liable to discharge the fine. Graham v. Sime, 1 East, 632.

(b) In the absence of an agreement to the contrary, a purchaser has a right to require the estate to be surrendered in person, and not by attorney, unless an actual necessity appears for it. Sugd. Vend. & Pur. i. 450. And indeed a doubt, though certainly a very groundless one, has sometimes been raised in practice, whether a copyholder could surrender by a power of attorney. This doubt probably arose from not sufficiently distinguishing a common surrender from a surrender warranted only by special custom; which last, as it should seem, must be made in person. Scriven on Copyholds, i. 155.

of the lord or lords, lady or ladies of the said manor, according to the custom of the said manor (a), to the use of the said C. D., his heirs and assigns for ever, All &c. [parcels], together with all ways, paths, passages, waters, water-courses, commons, common of pasture, liberties, privileges, easements, profits, commodities, and appurtenances whatsoever, to the said messuages, lands, and hereditaments, and other the said customary or copyhold premises hereinbefore covenanted to be surrendered as aforesaid, and to every or any of them, or any part or parcel thereof, belonging or in anywise appertaining, or with them or any of them held, used, occupied or enjoyed, reputed, deemed, taken or known to be part or parcel of them or any of them, To the intent that (b) the said C. D., or his heirs, may be admitted tenant or tenants of the said copyhold hereditaments; to hold the same to him or them, his or their heirs and assigns for ever, at the will of the said lord or lords, lady or ladies of the said manor by copy of court roll, according to the custom of the same manor; and by and under the rents, suits, and services therefore due, and of right accustomed to be paid and performed; And that in the meantime and until such surrender shall be made, and the said C. D. or his heirs shall be admitted tenant or tenants under or by virtue of

(a) When purchased from mortgagor and mortgagee, add,— "And the said E. F. [mortgagee] shall and will forthwith acknowledge satisfaction of the said principal sum of £—, and all interest due in respect thereof, on the court-rolls of the said manor."

(b) Or, when the equity of redemption only is to be conveyed,"To the intent that such surrender may operate as an equitable assurance of the said copyhold hereditaments unto the said C. D., his heirs and assigns, and that he and they may thereby become entitled to the equity of redemption, and to a surrender of the legal estate of the said copyhold hereditaments, pursuant to the condition of the said in part recited bond or obligation, on payment of the said principal sum of £ and the interest thereof."

the same surrender or surrenders respectively, he the said A. B., and his heirs, shall stand and be seised or possessed of the same copyhold hereditaments, and every part and parcel of the same, with the appurtenances; Upon trust for and for the sole benefit of the said C. D., his heirs and assigns (a).

LXIX. Covenant, promise, and agree with and to the said C. D., his heirs and assigns, by these presents, that (b)

To surrender
(In mortgages).

copyholds.

(a) If no surrender has been made by the former vendor, recite that fact, and that it is intended that he should surrender the copyhold hereditaments to the purchaser. The immediate vendor ought then, with the privity and concurrence of the former vendor, testified &c., to covenant that the former vendor or his heirs shall surrender &c., according to the common form. Or, the former vendor may, at the request &c. of the immediate vendor, covenant to surrender &c. The first mode, however, is the most technical and correct.

(b) When previous mortgagees, who have not been admitted, are paid off,

"That the said A. B., his heirs, executors, or administrators, shall or will, at his and their own costs and charges, forthwith, as soon as conveniently can be after the execution of these presents, cause or procure satisfaction to be entered on the court-rolls of the manor of A., in the said county of B., on the said conditional surrenders made to the said E. F. and G. H. respectively as aforesaid, to the intent and so that the said conditional surrenders respectively may be vacated and discharged; and also that he the said A. B., or his heirs, and all and every other person or persons whose concurrence shall be deemed necessary and expedient in that behalf, shall and will, at the like costs and charges of the said A. B. [mortgagor], his heirs, executors, or administrators, forthwith, as soon as can be after the execution of these presents, and either in court or out of court, and either in person or by attorney, as the said C. D. [mortgagee], his heirs, executors, administrators, or assigns, may require, well and effectually surrender into the hands of the lord or lords, lady or ladies of the said manor, according to the custom of the said manor, all" &c. &c.

Parcels and general words.

In annuity deeds.

he the said A. B., and his heirs, and all other necessary parties, shall and will, at his or their own costs and charges, at or before the next court to be holden in and for the manor of A. in the county of B., surrender or cause and procure to be surrendered into the hands of the lord or lady of the said manor, according to the custom of the said manor, All &c. to the use of the said C. D., his heirs and assigns, to be held of the lord or lady of the said manor by the rents and services therefore anciently due and of right accustomed; Upon condition (a) to be void on payment by the said A. B., his heirs, executors, administrators, or assigns, to the said C. D., his executors, administrators, or assigns, of the said sum of £, with interest for the same, after the rate, in the parts, shares, and proportions, and on or at the days or times hereinbefore mentioned or appointed for payment thereof respectively (b).

(a) In an annuity deed, comprising freeholds as well as copyholds,"Nevertheless, upon and for such trusts and purposes as will correspond with the uses, charges, trusts, powers, intents, and purposes which are hereby limited, expressed, and declared touching and concerning the freehold hereditaments hereby released or otherwise assured, or intended so to be, or as near thereto as the nature and quality of the tenure of the said copyhold hereditaments and the custom of the said manor will admit, to the intent that the said copyhold hereditaments may be charged and chargeable with the payment of the said annuity or yearly sum of

£

(b) If the condition be performed, that is, if the loan be repaid according to the terms of the surrender, the surrenderor, even though the mortgagee has been admitted, will be in of his old estate, and may ac cordingly re-enter without being again admitted. But if the loan be not paid until after the time limited, and the mortgagee has been admitted, then a new surrender must be made. When no admittance has taken place, the practice is, on payment of the money-whether such payment was made either before or after the time prescribed-to make an entry on the rolls of the fact of such payment. But after forfeiture of the condition, the more correct practice is, for the mortgagee not merely to acknowledge payment, but also to authorize the steward to vacate the surrender. Coote, p. 132; Scriven, i. 242.