in the year of our Lord

nor) of, &c., county of

of the one part, and (the copyholder) of, &c. one of the copyhold tenants of the said manor, of the other part, as follows, (that is to say) Whereas the said (lord) is Recital of seisin. seised to him and his heirs (1), of an estate of inheritance, in fee simple, of and in the said manor of

Covenant by lord enfranchisement.

to execute deed of

; and the said (copyholder) is seised or possessed of the messuage or tenements, and land hereinafter described, being within and parcel of the said manor, of an estate of inheritance (2), by copy of court roll, at the will of the lord according to the custom of the said manor. AND WHEREAS the said (lord) at the request of the said (copyholder), hath agreed to enfranchise the said lands and hereditaments, in consideration of the sum of £ Now the said (lord) doth hereby for himself, his heirs, executors, and administrators, covenant, declare, and agree, with and to the said (copyholder), his heirs and assigns, that he the said (lord), his heirs (3) or assigns, shall and will at the costs and (1) As an enfranchisement is effected by an union of the freehold The lord of the with the copyhold interest, it is essential that the lord should possess the freehold, and as the enfranchisement will be commensurate with the es- freehold. tate granted by the lord, it will be entire or for a limited period, accordingly as he has that or a greater estate. Conesbie v. Rusky, Cro. Eliz. 459*; unless he enfranchise by virtue of a power in a settlement or will enabling him to enfranchise, and see post. Head" ENFRANCHISEMENT."

(2) It is not necessary that the copyholder should have the fee, as the enfranchisement is effected by the grant of the fee simple by the lord, whether it be to a tenant having the same or a less estate; Lane's Ca. 2. Co. 16; but if he have but a particular estate he will in equity be a trustee for those in remainder; Wynne v. Cookes, 1 Brow. Ch. Ca. 515; Challoner v. Murhall, 2 Ves. Jun. 524.

manor must be seised of the

Copyholder need

not have the fee.

nant.

(3) A covenant or agreement under seal by an ancestor for himself Heir bound by and his heirs relative to the real estate, is binding upon the heir, al- ancestor's covethough he take nothing by descent, but by strict settlement or otherwise; Neeve v. Keck. 9 Mod. 106; Sikes v. Lister. 2 Eq. Ca. Ab. 25. pl. 28 ; Chetwynd v. Fleetwood, 4 Brow. P. C. 435.

AGREEMENTS.

of the sum of

£

charges in all things of the said (copyholder) (save only in respect of Enfranchise. fines or recoveries if requisite, and the assignment of outstanding terms In consideration not made attendant upon the inheritance); and upon payment to him the said (lord), his executors, administrators, or assigns, of the said sum of L of lawful money of that part of the united kingdom of Great Britain and Ireland called England, well and truly convey and assure, by such deeds or instruments in the law as counsel shall advise, unto and to the use of him the said (copyholder), his heirs and assigns for ever, or as he or they shall direct or appoint, free from incumbrances, ALL &c. (4) wholly freed, discharged, and enfranchised, from all and all manner of customary and other fines, heriots, fealty, suit of court, and copyhold payments, services, duties, and obligaDeed of enfran- tions whatsoever. AND which said conveyance and assurance shall contain all proper contain all proper parties, and usual and other proper covenants, covenants, &c. declarations, and agreements, concerning the title, quiet enjoyment, free from incumbrance, and for further assurance of and to the said premises, and also a grant and assurance of all commonable and other rights (5) and privileges whatsoever, incident or annexed unto the said hereditaments, so to be enfranchised, as part or parcel of the said manor, whereof the same are holden (6). AND the said (copyholder)

chisement to

Covenant by copyholder to pay considera

tion money.

Lands.

Incidents to
the copyhold
lost at law by
enfranchisement.

But will be set up again in equity.

Lord's title.

To deliver abstract, &c.

(4) Here describe from the copies of the court-rolls the premises intended to be enfranchised.

(5) The copyhold lands being by the enfranchisement separated from the manor, they will of course lose all those rights which belonged to them as part of the manor; it is proper therefore, in order to preserve these, that they be granted de novo, by the lord. See Lit. s. 147; Co. Lit. 102 b. This is however to be understood as being the case at law only, for although extinguished at law, they will be preserved in equity, where such appears to have been the intention of the parties; Stryant v. Staker, 2 Vern. 250.

(6) *As enfranchisements are generally solicited on the part of the tenant it is not usual to require the lord to enter into express stipulation for the delivery of an abstract of title &c., nor is it actually necessary, as should he not furnish satisfactory evidences of his title to the inheritance, the tenant will not be bound by his agreement for the enfranchisement; where however the request proceeds from the lord to his tenant, which it sometimes does, it is reasonable to expect from him the same previous covenants in these respects, as if he were contracting for the sale of his freehold to a stranger (1); in which case add,

"AND to the end and intent aforesaid, he the said (lord) shall and will at his own costs and charges, deliver within one calendar month from the date hereof, a true and perfect abstract of the title, of him the said (lord) to the said manor; and upon the execution of

(1) See ante, Vol. I. No. 1. also 1 Bythe. Prec. 272.

in consideration of the presents aforesaid, doth hereby for himself, his
heirs, executors, and administrators, covenant, promise, and agree
with and to the said (lord), his heirs and assigns, that upon the ex-
ecution by him or them of such conveyance or assurance by way of
enfranchisement as aforesaid, he the said (copyholder), his execu-
tors or administrators, shall and will duly pay or cause to be paid,
the said sum of £
of such lawful and current money as
aforesaid, unto the said (lord), his executors, administrators, or as-
signs. IN WITNESS, &c.

the conveyance or assurance of the said hereditaments, or whenever thereunto reasonably requested, make and deliver to the said (tenant), his heirs or assigns, true and attested copies of such deeds and evidences of title as he or they shall require, and enter into a proper covenant for producing, at the expense of the tenant, his heirs or assigns, the original thereof.

AGREEMENTS.

Enfranchise.

AGREEMENTS.

Engraving.

No. XXXII.

*An Agreement with an Engraver to engrave a Set of Cuts or Prints for a Publication.

WITNESS. Engraver agrees to supply cuts,

&c.

ARTICLES of agreement made this

day of

, in the year 18 BETWEEN (the author or publisher of, &c.) of the one part, and (the engraver of, &c.), of the other part. WHEREAS the said (engraver) hath agreed with the said (author, &c.), to furnish him with a set of engravings for a certain work about to be published, to be entitled [or for a new edition of, &c., as the case may be], upon such subjects, and to be so executed, and at such price, as hereinafter are mentioned. Now THESE PRESENTS WITNESS, that in pursuance of the said agreement, the said (engraver), for himself, his heirs, executors, and administrators, doth covenant, declare, and agree with and to the said (publisher), his executors, administrators, and assigns, by these presents in the manner following, (that is to say) That he the said (engraver), his executors or administrators, shall and will at his and their own costs and charges, find and provide good, proper, and well executed copper plates and engravings, in the stroke manner [or as agreed], on the subjects following, (that is to say) a frontispiece to delineate, &c., the effigies or portraits, after the best likenesses extant in England, of all the Roman emperors from the time of Julius Cæsar inclusive, to, &c., or of every king and queen which has reigned in these realms, from &c., and also plates and engravings exhibiting the battles of, &c. &c., of the after the drawings thereof by, &c. (or as

size of

by

the case may be), at the price or sum of £ each, so and in such
manner, and to the intent that the same cuts, plates, and engravings,
may be printed by him the said (publisher), and be placed or affixed in
and published with the said work entitled, &c. as aforesaid. AND shall
and will deliver one of every such plates or engravings unto him the said
(publisher), his executors, administrators, or assigns, or his or their or
der, completely finished and perfected, on the
day of
every month, until he shall receive such orders to the contrary as here

in

inafter is mentioned, and deliver the first thereof on or before the

of

now next ensuing. And in consideration of the said

AGREEMENTS.

Engraving.

cuts, plates, and engravings being so finished and delivered as afore- Publisher cove said, he the said (publisher), for himself, his heirs, executors, and ad- nants to pay.« ministrators, doth hereby covenant, promise, and agree with and to the said (engraver), his executors, administrators, and assigns, that he, the said (publisher), his executors, administrators, or assigns, shall and will well and truly pay or cause to be paid unto the said (engraver) within

days next after the delivery of every such cut, plate, or engraving aforesaid, the sum of £ of lawful current money of Great Britain. And for the executing and delivery of the said cuts, plates or engravings, Penalty. at the time and in the manner aforesaid, he the said (engraver) doth, &c. (penalty clause) (1). PROVIDED always nevertheless, and it is here- Counter orders. by declared and agreed, by and between the said (publisher) and (engraver), that in case the said (publisher), his executors, administrators, or assigns, shall at any time hereafter, before all the said cuts, &c. shall have been finished and delivered, give three calendar months' notice in writing under his or their hand or hands, to the said (engraver), his executors, administrators, or assigns, that he the said (publisher), his executors, administrators, or assigns, shall not require any more or other cuts, &c. than have been already finished or delivered, or only such and so many others of the said cuts, &c. hereby agreed to be supplied by the said (engraver) as shall in such notice be particularly specified; then and in such case, upon the completion thereof to that extent, these presents shall cease and be void in like manner as if the same had never been made, but nevertheless without prejudice to any previous orders given or work performed. And it is hereby further declared and agreed, by and between Arbitration. the said (publisher) and (engraver), that if any dispute or difference shall occur between them, relative to the execution of the said cuts, &c., or the number thereof to be delivered or provided, or either of them, or otherwise in respect of the same or of these presents, such disputes or differences shall as often as the same may happen be referred, &c. (arbitration clause) (2). IN WITNESS, &c.

(1) See ante, pp. 65.70.

(2) See ante, p. 27.

Penalty.
Arbitration.