Of day of VI. That the whole of the sd ash and underwood Timber, shall be cleared off the sd coppices and preses on or before the sd next and the whole of the timber or or. trees bark cordwood and wood arising from the sd timber trees shall be cleared off from the sd lds and preses by the usual and proper roads to the same on or before, &c. until which time the purchaser shall have the usual privileges of sinking sawpits and getting turf in such places to be apptd by the vendor or his agent for that purpose for converting the sd timber and coaking the cordwood not doing any wilful damage to the saplings or or. wood growing on the sd coppice and preses such sawpits so to be made as afd shall be properly fenced or covered and shall immly after the converting of such timber be filled up at the expense of the purchaser except as hnaftr mentd and such of the ash underwood or or. trees cordwood or or. wood as is are or shall be then remaining on any pt of the sd ld and preses shall be forfeited to the sd vendor as and for a compensation for such damage as shall be occasioned thby. VII. That the sd purchaser shall have the boughs and tops of the sd timber and or. trees cut off and laid on the bodies thof or under the hedges and fences by which the least damage can be done to the crops of grain within three days after such being fallen and shall not work or carry away any part of the sd timber or or. trees till after such crops of grain are cut or carried except the bark of such timber or or. trees which the purchaser shall have carried from aud off the sd crops of grain witht taking any horse or carriage on such crops for such purpe VIII. That the purchaser shall allow five stakes for every tree fallen in the hedge-rows or fences to make up the gaps in the sd fences where such trees are so fallen as afd and also a full compensation for all dams sustained in falling such ash underwood timber and or. trees (except such as are necessy and rease) LASTLY. That if the purchaser shall refuse fail or neglect to perform the sevl condons hnbefe stated the deposit money shall be forfeited to the vendor who shall be at liberty either to enforce the present contract or to resell the timber or or. trees as afd by public auction or private contract and the deficiency (if any) of such second sale togr with the chas attending the same shall be made good by the defaulter at this present sale. Notice to the Auctioneer, of the Appointment of a Bidder to buy in Premises for the Owner. Obs. The following notice may be written on the same paper, and should be annexed by the auctioner to his auction sheets, and delivered to the Excise Office, in case the premises are bought in. Take Notice that I the undersigned (vendor) of, &c. the proprietor of the messes and heredts advertised to be sold by auction this day by you at, &c. have apptd Mr. to bid for the same and that if he shall buy in the same preses at such sale it will be solely on the acct and for the use of me the sd (V) the owner thof Dated this, &c. Witness Notice by the Person appointed to buy in the Premises. Take Notice that I the undersigned E F have accepted the apptmt and that if I shall bid for or buy in the above-mentd preses advertised to be sold by auction by you this day the same will be bid for and bought in by me for the sole use of the sd (vendor) the owner and proprietor thof Dated, &c. § 1. A confirmation, is a conveyance of an estate, or a right in Definition. esse, whereby a voidable estate is made sure and valid, or a particular estate is increased and enlarged; Co. Litt. 295. It has this operation only with respect to estates voidable or defeasible; but it will not make an estate good that is void, nor add to, or take from an estate a descendible quality, nor make a man capable of it, who is incapable of himself; Sheph. Touchst. 312. What estate the confirmee must have. 2. In every confirmation, there must be a precedent estate in him to whom the confirmation is to be made, in his own or another's right; or at least, he must have the possession of the thing whereof the confirmation is to be made, that it may be as a foundation for the confirmation to work upon; ib. 313. And this is the same, whether the possession be rightful or wrongful. If a man confirm a disseisor's estate for an hour, this passes the fee without the word heirs;' because the disseisee has the fee, and when he confirms it, he cannot after destroy it; Co. Litt. 297. Gilb. Ten. 75. 3. The most apt and proper words in a confirmation are, Operative 'confirm, ratify and approve; although give and grant,' and other general words will make a good confirmation; Lit. 515; Sheph. Touchst. 311; Gilb. Ten. 39. Such words may be used in a confirmation, as may increase or enlarge the estate, but that is effected by the force of those words, and is foreign to the con words. By Heir at Law. Stamp. Recitals. Testatum. firmation; But. Co. Litt. 295, n. 1; Gilb. Ten. 75. So far as the particular estate is increased, it is not the confirming or strengthening of the tenant's estate, but the giving him a greater one. Such a deed, is properly a deed of release, and not a deed of confirmation; Sheph. Touchst. 311. So where a man has an estate but for life, and he, in the reversion, confirm the estate to him and his heirs, the confirmation as to the heirs is void; because nothing new is granted by such confirmation: but if it had been to have and to hold the land to him and his heirs,' that had amounted to grant of the fee; for then there appears to be a further intent than merely to confirm the estate, that is, to enlarge it to him and his heirs. And my Lord Coke observes, the habendum and the premises do, in substance, well agree together; and that the habendum may enlarge the premises, but not contract it; Co. Litt. 299, a. Gilb. Ten. 78. 4. Modern deeds of confirmation are mostly in the form of lease and release or assignment. Confirmation by an Heir at Law, of Estates devised to a Stranger. Obs. A stamp of 17. 15s. and a further progressive duty of 17.5s. for every 1,080 words above the first 1,080. This Indre made, &c. Betn (confirmor) of, &c. the eldest son and hr at law, &c. of the one pt and (confirmee) of, &c. and devisee named in the will of, &c. of the or. pt Whas the sd (testator) by his last will, &c. gave and devised or intended to give and devise the messe, &c. hnaftr described unto the sd (confirmee) his hrs and ass And whas (recite death of testator and probate of will) And whas doubts have been entertained with respect to the validity of the sd in pt recited devise under the Stat. of Frauds and Perjuries but the sd (confirmor) being satisfied that the sd testator was at the time of making and publishing his last will of sound and disposing mind and that the same was signed and published by him as his last will and testament is desirous of confirming the sd devise or orwise conveying and assuring the sd lds and heredts unto and to the use of the sd (confirmee) and his hrs according to the true intent and meaning of the sd will Now this Indre witnesseth That for the end intent and purpe afd and in conson of the sum of 5s. of, &c. to the sd (confirmor) in, &c. by the sdl (confirmee) pd, &c. He the sd (confirmor) Hath granted released ratified and confirmed and by, &c. Doth for himself and his hrs grant, &c. unto the sd (confirmee) (in his actual possession now being under and by virtue of the sd devise) and his hrs, &c. All, &c. togr with all houses, &c. and the remr, &c. and the revn of, &c. in the sd heredts and preses and every of them resply and the rents issues prfts and proceeds henceforth to arise or become paye for or in respect of the same or of any pt thof and all the este, &c. both at law and in equity of him the sd (confirmor) in to out of or respecting the sd heredts and preses or any of them [Togr with all deeds, &c. see Release.] By an Infant. To Have and to Hold the sd messes, &c. Habendum. hby granted and released or orwise assured or intended so to be unto and to the use and behoof of the sd (confirmee) his hrs and ass for ever. And the sd Covenant. (confirmor) for himself his hrs, &c. doth hby covt, &c. Has not inin manner following that is to say (covt that he hath incumbered not incumbered, see Release) And furr that for and notwithstanding any act deed matter or thing made done committed or knowingly suffered by him the sd (confirmor) or by or with his consent or privity He the sd (confirmee) his hrs or ass shall and may from time to time and at all times hraftr peaceably and For quiet quietly have hold use occupy possess and enjoy the sd enjoyment. messes, &c. with their and every of their appts witht any let suit trouble hindrance molestation disturbance claim or demand whatsr of or by the sd (confirmor) his hrs or ass or any or. psn or psns whomsr now or hraftr Ifully rightfully or equitably claiming or having title to claim any este right title or int of in to out of or resply the same heredts and preses or any pt thof by from through under or in trust for him them or any or either of them In Witness Confirmation of a Deed by an Infant on coming of Age, and a Releuse to be Indorsed. Recital. That con firmor is To all, &c. the within named (confirmor) and (confirmee) send greeting Whas the within-named (confirmor) hath now attained the age of twenty-one yrs And whas the sd (confirmor) in pursuance of the of age. covt in the within written indre (or, of the within re- Agreement cited bond) entered into for that purpe by the within to confirm. named (surety) on his behalf hath duly sealed and delivered the within-written indre and hath also subscribed his name to the rect for the conson money hereon indorsed and at the request of the sd (confirmee) hath agrd to exte such furr ratification and confirmation of the same indre as hnaftr is expssd and the sd (confirmee) in conson thof hath agrd to release the sd (surety) of and from the covts (or bond) so entered into by him as afd Now, &c. That in conson of the sd agrt on the Testatum. pt of the sd (confirmee) He the sd (confirmor) Hath ratified and confirmed and by, &c. Doth ratify, &c. the Confirmor within-written indre of, &c. so extd by him the sd ratifies the (confirmor) as afd and every covt article clause and deed. Of a Lease. Confirmee releases surety. Recitals. Considera tion money paid to attorney. to confirm ment and sale. thing therein contd And the said (confirmee) in pur- Confirmation of a Lease, and also of a Sale of Furniture sold by an Attorney not duly authorized. This Indre made, &c. Betn (assignor) of, &c. of the one pt and (assignee) of, &c. of the or. pt Whas, &c. (recite lease) And whas (recite assignment by the wife as atty for her husband to assignee) And whas the conson money was pd to and recd by the sd M wife of the sd (assignor) by virtue of or under a letter of atty dated, &c. And the same last indre of assnmt was exted by the sd M in the name and as the atty of the Agreement sd (assignor) And whas upon the treaty for the assignthe assignment so made by the sd M it was expressly stipulated that the sd (assignor) should confirm the sd assignment and should enter into the covenants hnaftr contd And whas the sd M acting as the atty of the sd (assignor) did also contract with the sd (assignee) for the sale to him of the furniture and effects specified in the schedule hereto annexed for the sum of £which sum was pd by the sd (assignee) to the sd M as the atty of the sd (assignor) And the sd M hath delivered unto the sd (assignee) the sd furniture and effects specified as afd And whas the sd M was not authorized by the sd letter of atty to sell the sd furniture but upon the treaty for the sd sale it was agrd that the sd (assignor) shd confirm the same which he is willing to do Now, &c. in pursuance of, &c. and in conson of the preses He the sd (assignor) Hath assigned ratified and confirmed and by, &c. Doth assign, &c. unto the sd (assignee) All, Habendum. &c. And all the este, &c. To Have, &c. And the sd Covenants (assignor) for himself, &c. (covts that the lease is good, for title; &c. see Assignment of a Lease) And the sd (assignee) for himself, &c. doth hby covt, &c. (covt that assignee will pay rent and perform covts, see Assignment, &c.) And this Indre furr Witnesseth That in conson of the sum of £so pd to the sd M as the atty and on the behalf of the sd (assignor) as the price or conson for the purchase of the sd furniture and effects specified in Testatum. to pay rent, &c. Further Testatum. |