bankruptcy bearing date on or about the day of Convey ance of was issued agst the sd (B) and he was thereon adjudged a bankrupt And whas the sd (0 A) has been Freeholds. appted by (a) (commissioner) Esq. the commissioner of his Maj. Ct of Bankruptcy acting under the sd fiat to be the official assignee of the este and effects of the sd (B) and to act with the assignee or assignees to be chosen by the creditors of the sd (B) And whas pur- Sale. suant to an advertisement in the London Gazette for that purpe inserted the sd (GA) were chosen by the major part in value of the creditors of the sd (B) And whas the sd (GA) have caused the messes or tents lds and heredts hnaftr described to be put up to sale by public auction pursuant to notice in the London Gazette and the printed parlars of sale in three lots on the day of last at which sale the sd (P) was decld to be the highest bidder of the preses comprised in lot marked No. 1. in the sd printed parlar at the sum of £and thereupon pd into the hands of the auctioneer the sum of £— by way of deposit. And whas the sd (B) (b) at the request of the sd (4) agrd to join in the conveyance of the sd heredts (c) Now this Indre Testatum. witnesseth That for the purpe of carrying the sd recited sale into effect and for and in conson of the sum of £ of lful, &c. so pd at the time of the sd sale and the furr sum of £ in hand well and truly pd to the sd (OA) by the sd (P) at or before the sealing and delivery of these prests in full for the absolute purchase of the sd messes or tents lds and heredts hnaftr described and intended to be hby granted and reld the rect whereof he the sd (0 A) (d) and also the sd (GA) and (B) do and each of them doth hby acknge and of and from the same and evy pt thof do and each of them doth acquit rele and discharge the sd (P) his hrs exs ads and ass and evy of them for ever by these prests And also in conson of the sum of 5s. of like, &c. by the sd (P) in hand pd to each (e) of them the sd (GA) and (B) at the same time the sevl rects whereof are hby acknged. (ƒ) They the sd (A) with (a) Where the commissioner is a party, say, by the sd (commissioner.)' (b) If there be a protector, in the case of bankrupt tenant in tail, his consent ought to be recited here. As to the form, see Mortgage and Release. (c) As to the bankrupt's joining, see Obs. 6. 6 (d) Or, also the sd (C) (B) and (G A) do, &c.' (e) Or, each of them the sd (C) (B) and (G A)' (ƒ) Or, 'He the sd (commissioner) in further pursuance and exon of the sd fiat and by virtue and in exercise of the powers and authties given to him by the sevl statutes now in force concerning bankrupts parlarly an Act of Parlt passed in the fourth yr of the U Convey the privity and consent of the sd (B) testified by his ance of being a pty to and signing and sealing these prests Freeholds. Have and each of them Hath so far and in such manner as they lfully can and may bargained sold aliened and reled and by these prests Do and each of them Doth bargain sell alien and rele and the sd (B) Hath granted bargained sold aliened released and confirmed and by these prests Doth grant bargain sell alien rele and confirm unto the sd (P) (in his actual posson, &c. see Release) and his hrs All those, &c. And the revn, &c. And all the este, &c. of (a) the sd (A) and (B) and each and evy of them in to and out of the Habendum. sd messes, &c. To Have and to Hold the sd messes or tents lds and heredts and all and singr or. the preses hby granted and reld or orwise assured or intended so to be with their and evy of their apts unto and to the use of the sd (P) his hrs and ass for ever (b) And (c) the sd (0 A) and (GA) for themselves sevlly and resply and for their sevl and respive hrs exs and ads and not the one for the or. of them or the hrs exs or ads or the acts deeds and defts of the or. of them but each of them for himself only and his own hrs exs and ads and his and their own acts deeds and defts only do covt promise and agree with and to the sd (P) his hrs exs ads and ass that they (d) the sd (O A) and (G A) have not nor hath either of them at any time heretofore made done committed exted or knowingly or willingly permitted or suffered or been party or privy or parties or privies to any act matter or thing whatsr whby or by reason or means whereof the sd messes or tents lds heredts and preses hnbefe granted or released or any of them or any pt thereof is are can or may be impeached charged incumbered or prejudicially affected in any wise howsr And the sd (B) doth hby for himself, &c. covt, &c. that for and notwithstanding any act deed matter or thing whatsr by (e) them the sd (0 A) and (G_4) and (B) or any of them made done omitted committed reign of his Maj. William the Fourth entitled 'An Act for the (b) As to the declaration to bar dower, see Release. (c) Or, And the sd (C) (O ♬) and (GA) for themselves, &c.' to convey. exted or knowingly or willingly suffered to the contrary (a) they the sd (B) (0 A) or (GA) some or one of them at the time of sealing and delivery of these prests are or is fully rightfully and absolutely seised of or Bankrupt well and sufficiently entitled to the sd messes or tents, seised. absolutely &c. and evy pt thof with their and evy of their apts (b) for a good perfect clear and indefeasible este of inhance in fee simple witht any manner of condon trust power of revocation or limitation of any new or or. use or uses or any or. qualification restriction matter or thing whatsr which can or may revoke alter charge defeat abridge incumber or prejudicially affect the same in any manner howsr And that for, &c. they (c) the sd (0 A) (G A) and (B) or some or one of them now have or hath in themselves or himself full power and Iful and absolute right and title (d) to grant bargain Good right sell release and confirm all and singr the sd heredts and preses with the apts in the manner afd according to the true intent and meaning of these prests And that the For quiet sd messes or tents lds heredts and preses hby granted, enjoyment. &c. with their apts shall remain and be to the use hnbefe decld of and concerning the same and the rents issues and prfts thof and of evy pt thof shall be recd and retained and applied accordingly without any lful let suit trouble denial claim demand interruption or eviction whatsr of or by (e) them the sd (A) and (B) or any or either of them their or any of their hrs or any psn or psns whomsr lfully or equitably claiming or to claim by from or under or in trust for him them or any of them (f) And that free and clear and freely clearly and absolutely acquitted, &c. and for ever discharged or orwise by (g) the sd (A) and (B) or some or one of them or their hrs exs or ads well and sufficiently saved defended kept harmless and indemnified of from and agst all and all manner of former, &c. (see Release) either already or hraftr to be had made exted occasioned and suffered by the sd (A) and (B) or any or (a) Or, they the sd (C) (B) (0 A) or (G A) some or one of them, &c.' (b) Where the bankrupt is tenant in tail, say, for a good perfect clear absolute and indefeasible estate of inheritance in fee tail general in possession witht, &c.' . (c) Or, they the sd (C) (B) (0 A) or (GA)' () Where the consent of the protector has been given, say, 'with the consent of the sd (protector) as afd.' (e) Or, 'by them the sd (C) (B) (1) A) or (G A) (f) Where the bankrupt derives title under a will, as before recited, add, or by from or under or in trust for the sd A B the testator.' (g) Or, 'by the sd (C) (B) (0 đ) or (GA) or some, &c.' Free from incum brances. Convey ance of Copyholds. For further assurance. Testatum. either of them or any or. psn or psns Ifully or equitably claiming or to claim by from under or in trust for them or any of them (a) And furr that they the sd (A) and (B) their and evy of their hrs and all and evy or. psn or psns now or hraftr having or claiming any este right title interest use trust property claim or demand whatsr either at law or in equity of in to or out of the sd messes or tents, &c. or any of them or any pt thof with their apts by from under or in trust for them or any of them their or any of their hrs (b) shall from time to time and at all times, &c. (see Release.) In Witness, &c. Bargain and Sale of One Fourth Part of a Copyhold Estate by the Commissioner and Assignees of a Bankrupt. Obs. As to the power of the commissioners to sell the copyhold estate of a bankrupt, and the operation of the conveyance by them, see Pref. § 4. As to the entry of the deed on the court rolls, see Pref. § 5; and where the bankrupt is tenant in tail, see Variations in last precedent. This Indre made, &c. Betn (commissioner) Esq. the commissioner of his Maj. Ct of Bankruptcy acting under a fiat of bankruptcy issued against (bankrupt) of, &c. of the first pt (official assignee) of, &c. official assignee of the estate and effects of the sd (B) appointed by the sd (C) to act with the assignees of the sd (B) of the second pt (general assignees) of, &c. assignees of the estate and effects of the sd (B) duly chosen under the sd fiat on the day of of the third pt the sd (B) of the fourth pt and (purchaser) of, &c. of the fifth pt Witnesseth That in pursuance of a sale by auction on the day of now last past by the order of the sd (GA) and in conson of the sum of £ pd by the sd (P) at the time of the sale by way of deposit and the furr sum of £ to the sd (0 A) in hand well and truly pd at, &c. the rect whereof in full, &c. the sd (0 A) and also the sd (C) (G A) and (B) do and each and evy of them doth acknge and of and from the same and evy pt thof do and each and evy of them doth acquit rele and discharge the sd (P) his hrs exs, &c. for ever by these prests And also in conson of 5s., &c. He the sd (C) in exon of the sd fiat and by virtue and in exon of the sevl statutes now in force concern at in ing bankrupts parlarly an Act of Parlt passed in the (a) Where the bankrupt derives title under a will, add, or by from or under or in trust for the sd A B the testator.' (b) Or, 'by from or under or in trust for the sd A B the testator.' Conveyance of Lease holds. third and fourth yr of his Maj. William the Fourth entitled 'An Act for the Abolition, &c.' (see last precedent) Hath bargained sold ordered and disposed of and by these prests to the extent of the power vested in him as such commissioner as afd Doth bargain sell order and dispose of and the sd (0 A) and (G A) and (B) Have and each and evy of them so far as he Ifully can or may Hath granted bargained sold and confirmed unto the sd (P) his hrs and ass for ever All that undivided fourth pt or share now or late of him the sd (B) of or in all those, &c. and of and in all houses, &c. (see Release) And all the este, &c. now or late of him the sd (B) of in to or out of that undivided fourth pt or share of the sd heredts hby bargd and sold and of and in evy pt and pel of the same fourth pt To Have and to Hold the sd undivided fourth pt of and Habendum. in the sd heredts and all and singr or. the preses hby bargained and sold and of and in evy pt and pcl of the same fourth pt with the apts unto and to the use of the sd (P) his hrs and ass for ever (a) To the intent that the sd (P) as the purchaser thereof or his hrs may be admitted tenant thof at the will of the lord of the sd manor and by and under the rents suits and services therefore due and of right accustomed to be pd done and performed And the sd (C) (0 A) and (GA) for themselves, &c. (covenant that they have done no act to encumber) And the sd (C) (0 A) (G A) and (B) for themselves, &c. (covenants for title, as in last precedent) In Witness, &c. Assignment of a Leasehold by Assignees of a Bankrupt, and the Bankrupt to a Mortgagee (by Indorsement.) Obs. 1. The 49 G. III. c. 121, s. 19, discharges the bankrupt from the payment of rent and performance of the covenants of a lease which has been accepted by the assignees, and if they decline, the bankrupt may, by 6 G. IV. c. 16, s. 75, discharge himself by delivering up the lease to the lessor. 2. Assignees may abandon that portion of the bankrupt's effects which the law calls a damnosa hæreditas, an interest producing nothing to the bankrupt's estate, per Lord Kenyon, in Bourdillon v. Dalton, Esp. 253. But if they shall not elect, the Lord Chancellor may, by the 6 G. IV. c. 16, s. 76, upon petition, order them to make their election; and in Ex parte Scott, 1 Rose, 446, the Lord Chancellor allowed the assignees ten days to consider what would be most beneficial for the creditors. If the assignees do any act manifesting an intention to adopt the property, they will be liable to the covenants in the lease, Welch v. Myers, 4 Campb. 368; Thomas v. Pemberton, 7 Taunt. 206; Hanson v. Stevenson, I B. and A. 503. (a) As to the declaration to bar dower, see Release. Assignees may reject the bankrupt's es tate. |