rights, members, and appurtenances thereunto belonging, or in anywise appertaining; And the reversion &c.; And all the estate &c.

his

XXI. All right of re-entry by him the said A. B., heirs, appointees, and assigns, into and upon the manor and other hereditaments comprised in the first schedule to the said indenture of &c., and every or any part thereof, by force of the condition incident at law to exchanges, or of the special power of re-entry by the said indenture given to him the said A. B., his heirs, appointees, and assigns, in case of eviction, and all right of action, and all warranty and benefit of warranty incident at law to the said exchange, or given or created by the said indenture of &c., (save and except under and by virtue of the express covenants for the title to the said last-mentioned manor and other hereditaments, which by the said indenture were entered into by the said C. D. with the said A. B., his heirs, appointees, and assigns).

In release by ties of right of re-entry and be. ranty, &c.

exchanging par

nefit of war

scribed in sche

dule.

XXII. 1. All and singular such of the said messuages, Freehold and lands, tenements, and hereditaments, of the nature of free- copyhold dehold and not of copyhold, as are described and comprised in the schedule hereunder written or hereunto annexed, (save and except such of the freehold messuages, lands, tenements, and hereditaments therein comprised as in and by the said hereinbefore in part recited will of the said A. B. were devised to the children of the said C. B., father of the said A. B., party hereto, and C. D., as tenants in common in tail).

2. All such of the messuages, lands, tenements, and other hereditaments described and comprised in the schedule hereunder written or hereunto annexed as are of copyhold or customary tenure.

fixtures.

XXIII. All the fixtures, chattels, and articles of per- In assignment of sonal property whatsoever now in or about the said messuage &c., hereby assigned or otherwise assured, or intended so to be, which are enumerated or specified in the schedule thereof hereunder written or hereunto annexed; And all the right &c. (Vide Art. VI.)

In a conveyance of lands inclosed by agreement.

Land-tax.

upon

XXIV. And all such and so many &c., conveyed &c, as the said inclosure or allotment were allotted to any other person or persons; Subject nevertheless and without prejudice to the estate, rights, and interests of the person or persons to or for whom or whose use and benefit such allotments were made, on his or their continuing to abide by and perform the said agreement and award, and to carry the same into effect (a).

XXV. All and every sum and sums of money, and interest to become due, as the share or proportion payable in respect of the said redeemed land-tax of &c. of and in the said sum of £3 per cent. Consolidated Bank Annuities, and interest, which became charged upon the several messuages and hereditaments, the land-tax whereon was so redeemed as hereinbefore is recited; Together with the full benefit of the said charges, and all other powers and remedies for raising or securing the same sum and interest, so far as the said A. B., C. D., and E. F., or any of them, is or are interested in or entitled thereto (b).

(a) In the Habendum :—

"subject and without prejudice to the said agreement or award for the said inclosure, and the allotment made under the same."

With reference to the transaction to which the above Form relates, the following opinion was expressed by the eminent counsel who prepared the draft:-" As to the lands taken under the inclosure, the title is merely equitable, with a prospect as a matter of course of having the inclosure (should an attempt be made to disturb it, or should it on any other account be deemed expedient,) confirmed by Parliament, as was done in the case of the Netherseal and Overseal inclosure under a bill I prepared in 39 Geo. III. But as an equitable title of this description is not strictly marketable, the purchasers must consider with themselves whether any objection arises in their minds on this account. At all events, if they accept the title, they should take a conveyance of the allotted lands, and of the lands taken from the estate, (subject to the allotment), that they may be competent in point of estate to give effect to any arrangement by conveyance for carrying the intended provision into legal effect."

(b) The above parcels occurred in an assignment of the benefit of the charge arising under the old Land-tax Redemption Act, (38 Geo. 3.

As described in

the assignment of a lease

the age of part of a manor.

XXVI. All that the aforesaid tenement, with the appurtenants, commonly called or known by the name of &c., situate, lying, and being within the aforesaid parish of &c., and lately in the possession of &c., his under-tenant or undertenants, afterwards of &c., deceased, his under-tenant or undertenants, and now in the possession of the said &c., and being part or parcel of the manor of &c.; And all and singular other the premises demised with the said tenement by the said hereinbefore in part recited indenture of lease or demise as belonging thereto, (except as in the said indenture of lease of the same premises is mentioned to be excepted); And all All right, &c. the right, title, interest, term and terms for years, property, possession, benefit, equity of redemption, claim, and demand whatsoever, both at law and in equity, or otherwise howsoever, of him the said A. B., of, in, to, or out of the said tenement and premises, with the appurtenants, under or by virtue of the said hereinbefore in part recited indenture of lease, together with the hereinbefore in part recited inden

ture of lease and demise; And also all deeds, papers, writ- All deeds, &c. ings, and evidences whatsoever relating to or in anywise touching or concerning such part only of the lands and property of the said A. B. as is hereby bargained, sold, and assigned or otherwise assured, or intended so to be, which are now in the custody, possession, or power of the said A. B., or which he can or may procure or obtain without suit at law or in equity.

holds.

XXVII. 1. All those the said pieces or parcels of ground, In an assignmessuage or tenement, coach-house, erections, buildings, and ment of lease. all other the premises which were respectively demised by the said two several hereinbefore recited indentures of lease, bearing date respectively &c., and afterwards assigned by the said A. B., by the said hereinbefore in part recited indenture of assignment or settlement, bearing date &c., with their and every of their appurtenants; And all the estate &c.

c. 60), where a lessee under a beneficial church lease had redeemed the tax, without declaring his option to be considered as a purchaser. The land-tax on several tenements had been redeemed together, and one gross sum in Consols paid for the whole. The above was contained in the assignment of the lease of one of these tenements.

In an assign

tee under a

deed of parti

tion, and by the executor of a surviving trustee in a mar

2. All those &c. which were demised by &c., which said messuage or tenement hereby assigned is numbered, on the east side of street aforesaid, and is now or was lately in the tenure or occupation of &c.

XXVIII. All &c.; And all and singular other the prement by a trus-mises comprised in and demised by the said several in part recited indentures of lease, or such or so much and so many of them as was or were by the said in part recited indenture or deed of partition assigned to or vested in the said A. B., in trust as aforesaid, and whereof or wherein the equitable or beneficial interest was afterwards assigned to the said C. D. and E. F., their executors, administrators, and assigns, previous to the marriage of the said G. H. with the said I. K. as aforesaid, with their and every of their rights, members, and appurtenants.

riage settlement of their several

estates and in

interests in cer

tain leaseholds

to the beneficial owner.

License to use patent.

XXIX. Grant and confirm unto the said A. B. and C. D., their executors, administrators, and assigns, or other the person or persons for the time being carrying on the trade or business now carried on by the said A. B. and C. D., either at the said mills or factory of &c. aforesaid, or any other mill or mills, factory or factories, wheresoever the said trade or business may for the time being be carried on; And also to and for their and his agents, manufacturers, workmen, and others employed by them or him, full and free liberty, license, power, and authority to make, use, and exercise the said spindles for throwing organzine, so invented by the said E. F. as aforesaid, in any number they, the said A. B. and C. D., their executors, administrators, and assigns, or other person or persons for the time being carrying on the said trade or business now carried on as aforesaid, not exceeding at any one time the number of spindles; the same to be used in or about the said mill or factory at &c. aforesaid, or other the mill or mills, factory or factories, where the said trade or business shall for the time be carried on, without any molestation or interference by the said E. F., his executors, administrators, or assigns, or being obliged to account in any manner to the said E. F., his executors, administrators, or assigns, or any of them, in respect thereof.

XXX. All that one equal undivided ninth part or share, the whole into nine equal parts or shares to be divided, of and in the manor, messuages, lands, tenements, and other hereditaments, mentioned and comprised in the first schedule hereunder written or hereunto annexed, and of and in all veins and seams of coal, mines, minerals, and quarries in, under, or upon the same, or any part thereof; And also all that one equal undivided third part or share, the whole into three equal parts or shares to be divided, of and in the several messuages, lands, tenements, and other hereditaments mentioned and comprised in the second schedule hereunder written or hereunto annexed; And of and in all veins and seams of coal, mines, minerals, and quarries in, under, or upon the same, or any part thereof, (subject however to the life estate of the said A. B. in such of the last-mentioned messuages, tenements, lands, and hereditaments as in the said second schedule are mentioned to be subject thereto), Shall, together with their and every of their respective rights, members, and appurtenants, go, remain, and be, and that the said hereinbefore in part recited indenture of release of the &c., and the lease for a year upon which the same is grounded, and all the conveyances and assurances of the same manor, messuages, lands, tenements, hereditaments, and premises, and every part and parcel thereof, shall operate, and that the said B. B. and C. C., and their heirs, shall stand and be possessed of and interested in the same premises, and every part and parcel thereof, To the use of the said A. B., his executors, administrators, and assigns, henceforth, for and during and until the full end and determination of years, without impeachment of or for any manner of waste; Subject nevertheless to a proviso or condition hereinafter contained for making void the same term in manner hereinafter mentioned. [Vide tit. PROVISOES AND DECLARATIONS.]

In an assignment of money due under an indenture of

XXXI. The said sum of £ and also all and every or any sum or sums of money which shall become due and payable to him the said A. B., under or by virtue of the trust of the said recited indenture of release of the &c., for principal, decree in Chan interest, and costs, and otherwise; And also all and every sum cery. and sums of money now due and to become due to him as his

trust, under a