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sition scised in his demesne as of fee of the heredts com- of Lands. prised in the sd recited indres of lease and rele and the same heredts were accordingly seised into his Maj. hands by virtue of the sd writ of extent for the purpose of satisfying the debt due to his Maj. from the sd (C D) And whas by an order of the Ct of Excheq made

Order of

day of in a cause then depending betn his Maj. and sale. the sd (D) on the sd recited writ of extent as afd it was ordered that the sd este shd be forthwith sold before the sd (D R) the deputy to his Maj. Remembrancer of the sd Ct for which the sd (DR) was to publish advertisements in the London Gazette for the sale of the sd estes And whas in pursuance of the sd order Sale by the sd (1) R) did on day of cause the sd estes public to be put up to public auction at London in three auction. lots before him when the sd (P) was allowed to be the purchaser of lot 1 And whas the corn-mill and machinery with apts comprised in lot 1 in the afd parlars of sale is stated to be on lease to ET for yrs from the

day of

at a yrly rent of £- which sd term hath been duly assigned to and is now vested in the sd (P) And

it is decld by the sd printed parlars or condons of Particulars sale that a right of way or passage with free liberty of sale. of ingress egress and regress from, &c. and out of the king's highway to lot 2 and a similar right of way to lot 3 was to be a common and uninterrupted right of way to these estates and it was also by the sd parlars of sale decld that the stock house or shed then projecting in front of the sd dwelling-house lot 2 shd be curtailed and that lot 1 shd extend no further than to a line ranging straight with the exterior wall of the sd dwelling And that the purchaser of lot 1 shd remove the projection at his expe within six calr mths after he shd be in posson And it is also by the sd parlars of sale decld that lot 1 shd have a right of passage at rease hours and in the most convenient manner to the purchasers of lot 2 and 3 to open and shut the flood-gates and sluices and to repair the same and to remove obstructions in the mill-pond and all or. things apprtg thereto for ever And whas the sd (DR) by his report dated the day of did approve of the sd (P) to be the purchaser of lot 1 as in and for the price of £ — And whas by an order of the sd Ct of Excheq. on or about, &c. It was ordered that the sd report shd be confirmed and the sd (P) was allowed to be the purchaser thof tion, &c. And whas by an or. order on or about day It was ordered that the master's report shd be confirmed and the sd (P) was allowed and established purchaser thof And by anor. order bearing date the day of

Report of
Deputy

Remem-
brancer.

Orders of confirma

Of Lands.

Testatum.

It was ordered that on paymt of the sd sum of by the sd (P) to the sd (D R) he the sd (D R) and all or. necessary pties shd join and exte a proper conveyance of the sd premises to the sd (P) Now this Indre Witnesseth that in conson of the sum of £— of, &c. to the sd (DR) in hand well and truly pd by the sd (P) at or before the sealing and delivery of these prests the rect whereof the sd (D R) doth hby acknge and of and from the same doth hby acquit release and discharge the sd (P) his hrs exs ads and ass for ever He the sd (DR) as Dep Remr as afd under the directions of the Ct of Excheq and in pursuance of an Act of Parlt made and passed, &c. and entitled, &c. And by force and virtue of the power and authty to the sd Dep Remr reserved or in any wise enabling him in this behalf Hath bargained sold and conveyed and by this deed of bargain and sale intended to be forthwith enrolled in the sd Ct of Excheq Doth bargain, &c. All that, &c. And also full and free liberty to and for the sd (P) his hrs apptees and ass And all psns claiming under him or them and his and their servts and workmen from time to time and at all times hraftr at reasone hours and in the most convenient manner for the owner and occupier of the heredts comprised in lot 2 and 3 in the afd parlars of sale to pass and repass in through near and along the lds and preses comprised in the sd lots resply for the purps afd And the revn, &c. And all Habendum. the este, &c. and all deeds, &c. (see Release) To Have and to Hold, &c. Subject nevss to such right of way or passage with free liberty of ingress egress and regress from the king's highway to lot 2 and a similar right of way to lot 3 as in the sd parlars of sale are mentd In Witness, &c.

Recital of surrender and will.

Bargain and Sale of Copyholds by Tenant for Life under a Power in an Inclosure Act.

Obs. A bargain and sale of copyholds under an Act of Parliament, empowering a sale, is a sufficient execution of a power without a surrender. 1 Prest. Abst. 202; 2 ib. 259.

This Indenture, &c. Betn (vendor) of, &c. of the first pt (commissioner) a commr named in and apptd by an Act of Parliament made, &c. of the second pt (purchaser) of, &c. of the third pt Whas (testator) late of, &c. being seised to him and his hrs according to the custom of the manor of in the co of of sundry capital and or. customary messes, &c. and having surrendered the same to the uses of his will duly made and published as his last will and testmt in writing and bequeathed

to his wife and her ass all his real estate wheresoever Of Copy. situate or being To Hold the same during her natural holds. life. And from and after her dece He gave the same in manner therein parlarly described And whas at a General Court Baron held for the sd manor on the day of the sd (V) was admitted tenant to the sevl messes of which the sd A B died seised To Hold to her and her ass during the term of her natural life And whas by Inclosure an Act of Parlt passed, &c. It was among other things Act. enacted that all costs chas and exps of soliciting and passing the sd Act of Parlt and surveying the sd common fields thby directed to be allotted and of dividing and allotting the same and of forming and making the roads, &c. which shd be set out and of preparing and enrolling the sd award and all or. costs chas and exps of the sd commissioner and of the sevl psns employed by him in the exon of the sd Act and not therein orwise directed should be borne and defrayed by all the owners and or. psns in proportion as near as might be to their respive estes and ints And that the sd shares and proportions of the sd costs shd be settled and ascertained by the commr And it was furr enacted that it should be lful for the sd sevl owners and proprietors for the time being of all or any grds or lds being tents in tail or for life by indre or indres duly sealed and delivered and enrolled in any of his Maj. Cts of Record at Westmr and with the consent of the commr testified in writing under his hand and seal either before or after the making his award to sell such pt or pts of any old inclosures belonging to such proprietors resply or such pt or pts of such new allotment or allotments to be assigned to them resply by virtue of this Act as shd be sufficient for the purpe of defraying the respive proportions of such costs chas and exps as afd And that the psn or psns to whom any such old inclosures or new allotments or any pts thof shd be sold and conveyed and all psns claiming under them shd and might have hold possess and enjoy the same quietly and peaceably according to the terms of sale and conveyance thof witht any let or interruption from the psn or psns to whom any inclosure or allotment for the time being shd belong or be assd And furr it was enacted that no such sale or conveyance shd be valid and effectual unless the sd (C) shd ratify his consent thereto by signing and sealing the same as pty thereto And furr that in cases where any of the sd lands might be sold in pursuance of the sd Act as afd it shd be lful to sell them by public auction or private contract Provided

Of Copy holds.

Sale.

that in cases of sale by private contract the sd (C) should be satisfied that the price agrd to be given for the same was not less than the actual value thof according to any estimate made and verified by oath which the sd commissioner was empowered to administer And it was thby also directed that when the sd (C) shd judge necessy to direct any sale by public auction pursuant to the sd Act it was not necessy to require any such estimate as was required in cases of sale by private contract And whas the sd (V) hath pd and expended divers sums of money in defraying her proportion of the costs chas and exps incident to and attending such inclosure and exon of the powers contd in the sd Act. And which sd sevl sums amount in the whole to £- And whas a true and correct statement of the sevl sums so expended by the sd (V) hath been exhibited and laid before the sd (C) who hath examined the same and hath had the sevl paymts duly vouched before him And he the sd (C) hath ascertained and decld that the sd sum of £ - was a fair and rease claim and ought to be allowed And he the sd (C) doth allow the same And whas the sd (V) being desirous of availing herself of the provisions for that purpe contd in the sd Act hath applied to the sd (C) for his consent to a sale and conveyance of such pt and pts of the sd allotments assd to the sd (V) And in consequence of such application he the sd (C) hath directed the allotments pces and pels of land hnbefe mentd and described and intended hby to be conveyed to be sold by public auction on day of pursuant to public advertisement and printed condons and parlars at which sale the sd (P) being the highest bidder for was declared to be the purchaser of the sd allotment being lot 2 and 3 in the afd parlars of sale at or Testatum. for the price of £- Now, &c. in conson of, &c. to the sd (V) by the sd (P) at, &c. pd the rect, &c. by the direction and apptmt of the sd (C) a commr apptd by the sd Act testified by his being a pty to and exting these prests She the sd (V) pursuant to the power and authty in her vested by the sd in pt recited Act Hath granted bargained sold and conveyed and by, &c. doth grant, &c. unto the sd (P) his hrs and ass all, &c. and Habendum. the revn, &c. and all the este, &c. To Have the sd

pieces, &c. hby bargd and sold or intended so to be
with the apts unto the sd (P) his hrs and ass for ever
And the sd (V) for herself (Covt that she has not in-
cumbered, and for furr assurance see Release)
In Witness, &c.

Bargain and Sale of Copyholds by Trustees, for

Sale under a Will.

Obs. If a copyholder surrender to the use of bis will, and direct trustees to sell, they may do so without being admitted, and the lord shall admit the vendee on the payment of one fine only. 2 Wils. 400.

This Indre made, &c. Betn (trustees) trustees of and under the last will and testmt of A I late of decd of the first pt F H and KI and A his wife of the second pt and (purchaser) of, &c. of the third pt Whas A I late of decd widow was in her lifetime and at her dece seised and possessed of or well entitled unto the copyhold messe or tent and preses hnaftr described with their apts for an absolute este of inheritance to her and her hirs according to the custom of the manor of D in the county of and did duly surrender the same preses as she shd by her last will and testmt appt And whas the sd AI by her last will, &c. gave to the sd (T) &c. And among or. things directed that the sd (7) and the survor of them shd as soon as conveniently might be after her dece by public sale or private contract sell and dispose of all that her copyhold messe, &c. with the garden and apts thereunto belonging and shd stand possessed of the money to be produced by such sale (after deducting the exps thof) In trust to divide the same betn her two daurs the sd F H widow and relict of the then late P H and the sd AI the then and now wife of the sd KI their exs ads and ass for their respive sole use and bent exclusively of their husbands And the testatrix did thby direct that the rect and rects of the sd (trustees) shd be a good and sufficient discharge good and sufficient discharges to the purchaser or purchasers of all or any pt of the sd copyhold messe or preses And whas the sd AI departed this life on or about the day of

witht revoking or altering her sd will leaving the sd FH and AI her surviving and the sd (trustees) proved the sd will in the prerogative court of the Archbishop of Canterbury And whas the sd (trustees) in pursuance of the trust reposed in them by the sd in pt recited will of the sd AI decd and with the privity consent and approbation of the sd F H and KI and A his wife testified by their being resply pties to and sevly sealing and delivering these prests have contracted and agrd with the sd (P) for the absolute sale unto her of the sd copyhold messe or tent and preses hnaftr described free from all incumbrances except as hnaftr

Of Copyholds.

Recital of

seisin.

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