ing to the custom of this manor, subject, nevertheless, to and upon this express condition, that if the said P. Q., his heirs, executors, administrators or assigns, did and should well and truly pay, or cause to be paid, unto the said R. S., his executors, administrators or assigns, the full sum of £—, of lawful money, &c., on the day of with interest for the same, after the rate of five pounds per cent. per annum, computed from the date of the said surrender, clear of all taxes and deductions whatsoever, then such surrender was to be void and of no effect (m). (Absolute surrender from T. U. to V. W., and his admittance.) (6. a). At this court comes T. U., one of the customary tenants of this manor, and in consideration of the sum of £, of lawful money, &c., to him in hand well and truly paid by V. W., of, &c., in open court, surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, [All, &c.] with their appurtenances, (and to which same premises the said T. U. was admitted at a general court holden for this manor on the day of -,) and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, trust, benefit, property, claim and demand whatsoever of the said T. U., in, to or out of the same premises and every part thereof; to the use of the said V. W., his heirs and assigns for ever, according to the custom of this manor. (6. b). Now at this court comes the said V. W., and prays to be admitted to all and singular the said customary or copyhold hereditaments and premises so surrendered to his use at this court as aforesaid; to whom the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with their appurtenances, unto the said V. W. and his heirs, to be holden of the lord by copy of court-roll at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said V. W. is admitted tenant thereof, and pays to the lord on such his admittance a fine [certain] of £- and his fealty is respited. [See form of Surrender to Will, ante (2. d).] (Licence to V. W. to demise.) (6. c). And afterwards, at this court, the lord of this manor, by the said steward, doth give and grant to the said V. W. full licence and authority to demise and lease all and singular the said hereditaments and premises, with their appurtenances, to which he the said V. W. hath been admitted at this court as aforesaid, unto any person or persons willing to take the same as lessee or lessees of the said V. W., (but not by way of mortgage,) his, her or their executors, administrators and assigns, to hold (m) No copy is necessary. for any term or number of years not exceeding twenty-one years, computed from the day of last, saving always to the lord or lady, lords or ladies of this manor for the time being, all and all manner of fines, heriots, rents, customs and services therefore due and of right accustomed; and for this licence the said V. W. hath paid for a fine the sum of £— [if the custom has settled the fine, add] "according to the custom of this manor." (Acknowledgment by C. D. of payment and satisfaction of monies secured by the conditional surrender of A. B.) (n). (7). At this court comes C. D., of, &c. and acknowledges to have received of A. B., of, &c., one of the customary tenants of this manor, the sum of £ —, being in full of all principal and interest monies due and owing from the said A. B. on a conditional surrender of certain customary or copyhold hereditaments lying within and holden of this manor, made by the said A. B. to the said C. D., on the day of in the year with lawful interest for the for securing the principal sum of £same, as in the said surrender is expressed; and therefore the said C. D. prays that the said steward will enter satisfaction of the aforesaid principal and interest monies on the court-rolls of this manor, whereupon satisfaction is entered by the said steward accordingly. (Presentment of warrant to enter satisfaction on a conditional surrender from A. B. to C. D.) (8). At this court the homage present a warrant under the hand of • C. D., of, &c., bearing date the -- day of, whereby the said C. D. did acknowledge that he had received of A. B., of, &c., one of the customary tenants of this manor, the sum of £ —, being in full of all principal and interest monies due and owing from the said A. B. on a conditional surrender of certain customary or copyhold hereditaments lying within and holden of this manor, made by the said A. B. to the said C. D. on the day of in the -, year for securing the principal sum of £, with lawful interest for the same, as in the said surrender is expressed; and therefore the said C. D. did by the said warrant authorize the steward of this manor to enter satisfaction of the aforesaid principal and interest monies on the court-rolls of this manor, whereupon satisfaction is entered by the said steward accordingly (0). (n) No copy is necessary. The mode of entering satisfaction pursuant to this acknowledgment is for the steward to make the following note in the margin of the court-roll containing the conditional surrender, or the presentment of it, if made out of court, viz., "All principal and interest monies secured by this surrender have been discharged, as will appear by an acknowledgment made and entered J. S. upon the rolls of a court holden for this (0) The author has supposed the succeeding surrender to be from the mortgagor named in this warrant, and the entry of that surrender shows that it is not necessary to include the warrant in the copy. For the mode of entering satisfaction on the court-rolls, see sup. n. (1). (Surrender by A. B. (by attorney) to E. F. and his admittance.) day of (9. a). At this court comes A. B., of, &c. one of the customary tenants of this manor, by C. D., of, &c., his attorney in this behalf lawfully constituted, by virtue of a power of attorney under the hand and seal of the said A. B., bearing date the and intended to be inrolled at this court, and in consideration of the sum of £, to the said C. D. for the use of the said A. B. in hand well and truly paid by E. F., of, &c., in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All, &c., with their appurtenances, and to which same premises the said A. B. was admitted at a general court holden for this manor on the ; and the reversion, &c., and all the estate, &c., to the use of the said E. F. his heirs and assigns for ever, according to the custom of this manor. day of (9. b). Now at this court comes the said E. F., and prays, &c. [Admittance and surrender to will to follow in the form 6. b, and 2. d]. (Surrender by G. H. (by way of settlement on his marriage) to L. M. and N. O. upon trusts, and their admittance.) (10. a). At this court comes G. H., one of the customary tenants of this manor, and in consideration of a marriage agreed upon and intended to be shortly hereafter had and solemnized between the said G. H. and I. K., of, &c., [or, pursuant to a covenant in this behalf contained in an indenture, bearing date, &c. being the settlement made previous to the marriage then intended, and since had and solemnised between the said G. H. and I. K. now his wife,] in open court surrenders into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All, &c., with their appurtenances, and to which same premises, the said G. H. was admitted at a special court holden for this manor, on the day of - ; and the re version, &c., and all the estate, &c., to the use of L. M., of, &c., and N. O., of, &c., their heirs and assigns for ever, according to the custom of this manor; but, nevertheless, in trust for the said G. H. and his heirs, in the mean time, and until the said intended marriage shall be had and solemnized, and immediately after the solemnization thereof (p) upon and for the several trusts, intents, and purposes hereinafter expressed, that is to say, upon trust during the joint natural lives of the said G. H. and I. K. his intended wife, to pay the rents and profits of the said customary or copyhold hereditaments and premises, from time to time, as they shall grow due and be received, unto such person or persons, and in such manner as (p) If the surrender be made after marriage, pursuant to articles executed previously, the words in italics to be omitted, and I. K. to be described throughout as I. H., the wife of G. H. the said I. K., notwithstanding the said intended coverture, by any note or notes in writing, signed with her own hand, but not by way of anticipation, shall direct or appoint; and for want of such direction or appointment from time to time, upon trust to pay the same rents and profits into the proper hands of the said I. K. for her separate use and benefit, exclusive of the said G. H., who is not to intermeddle therewith, nor are the same to be subject to his debts, control, or engagements. And it is hereby declared that the receipt and receipts of the said I. K., or of such her appointee or appointees as aforesaid, shall be a good and sufficient discharge for so much of the aforesaid rents and profits as shall be therein respectively acknowledged or expressed to be received. And after the decease of either of them the said G. H. and I. K. his intended wife, then in trust for the survivor of them the said G. H. and I. K., and his or her assigns for and during the term of his or her natural life, and from and after the decease of the survivor of the said G. H. and I. K. his intended wife, in trust for all or any such one or more of the child or children of the said G. H. by the said I. K. to be begotten, for such estate or estates, in such parts, shares, and proportions, manner and form, and with, under, and subject to such powers, provisos, restrictions and limitations over, for the benefit of any one or more of such child or children, as they the said G. H. and I. K. by any deed or deeds, writing or writings, to be by them scaled and delivered in the presence of and attested by two or more credible witnesses, shall direct or appoint; and for want of such joint direction or appointment, then as the survivor of them the said G. H. and I. K., by any deed or deeds, writing or writings, to be by such survivor sealed and delivered in the presence of and attested by two or more credible witnesses, or by his or her last will and testament in writing, or any codicil or codicils thereto, to be legally executed, shall direct or appoint; and for want of any such direction or appointment, and as to such part of the premises concerning which no such direction or appointment shall be made, so as to be a complete disposition of the customary fee-simple and inheritance thereof and subject to any incomplete direction or appoiutment to be made as aforesaid, in trust for all and every the child and children of the said G. H. by the said I. K. to be begotten, equally to be divided between and amongst them, share and share alike, their respective heirs and assigns for ever, as tenants in common:--But in case there shall not be any child of the said G. H. by the said I. K., or being such, and all and every of them shall happen to die under the age of twenty-one years, without leaving issue of his, her, or their body or respective bodies lawfully begotten him, her, or them surviving, then in trust for the survivor of the said G. H. and I. K., his or her heirs and assigns for ever. [But if the surrender be made pursuant to a covenant in marriage articles, wherein the trusts are declared, then omit the words in italics, ante, p. 761, and all subsequent to them, and say, "Upon and for such trusts, intents, and purposes as are expressed "and declared concerning the same customary or copyhold hereditaments "and premises in and by the said indenture of the day of 66 or such of them as are now subsisting and capable of taking effect" (q)]. to (10. b). Now at this court come the said L. M. and N. O. and pray be admitted to the said customary or copyhold hereditaments and premises, with their appurtenances, so surrendered to their use as aforesaid; To whom the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and pre mises, with their appurtenances, unto the said L. M. and N. O. and their heirs, upon and for such trusts, intents, and purposes, nevertheless, as aforesaid, to be holden of the lord by copy of court roll, at the will of the lord, according to the custom of this manor, by fealty, suit of court, and the ancient annual rent or rents, and other duties and services therefore due and of right accustomed; and so (saving the right of the lord) the said L. M. and N. O. are admitted tenants thereof in manner and form aforesaid, and pay to the lord on such their admittance a fine [certain] of £- and their fealties are respited. (Surrender by P. Q. and R. S. (trustees for sale under a surrender by W. Y.) to T. V. and his admittance.) (11. a). At this court come P. Q., of, &c., and R. S., of, &c., customary tenants of this manor, and by virtue and in pursuance of the trusts reposed in them by the surrender hereinafter referred to, and in consideration of the sum of £- to them in hand well and truly paid by T. V., of, &c., in open court surrender into the hands of the lord of this manor, by the hands and acceptance of the said steward by the rod, according to the custom of this manor, All, &c., with their appurtenances, (and to which same premises, the said P. Q. and R. S. were admitted at a general court, holden for this manor, on the —, upon and under a surrender previously made thereof to their use by W. Y., of, &c., late one of the customary tenants of this manor, upon the trusts, and for the intents and purposes, in the same surrender mentioned,) and the reversion, &c., and all the estate, &c., to the use of the said T. V., his heirs and assigns for ever, according to the custom of this manor. day of (11. b). Now at this court comes the said T. V., by X. Z. his attorney in this behalf appointed by the court (r), and prays to be admitted to the said customary or copyhold hereditaments and premises so surrendered to his use as aforesaid, to which said T. V. (in the person of his said attorney) the lord of this manor, by the said steward, grants seizin thereof by the rod, to have and to hold the said hereditaments and premises, with their appurtenances, unto the said T. V. and his heirs, to be holden of the lord by copy of court-roll, at the will of the lord, according to the (9) Should it be thought desirable to give the trustees a power of sale, or a power of leasing with the license of the lord, (and with the approbation of the parents or the survivor of them, and of the guardians of the children, after their decease,) the trusts should be declared by a separate instrument containing such powers. Ante, pt. 1, pp. 185 et seq., 400, 405. (r) Ante, pt. 1, p. 292. |