Imatges de pàgina
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taments, as are mentioned and described in the first schedule hereunder written or hereunto annexed, and the sites or ground plot whereof are distinguished in the said map or plan, by being coloured red, as aforesaid, To the use and behoof of the said A. B. his heirs and assigns for ever; And as to for and concerning all such and so many and such part or parts of the said mes suages, lands and hereditaments hereby released or otherwise assured, or intended so to be, as are mentioned and described in the second schedule hereunder written or hereunto annexed, and the sites or ground plot whereof are distinguished in the said map or plan, by being coloured blue as aforesaid, To the use and behoof of the said C. D. his heirs and assigns for ever; And each of them the said A. B. and C. D. doth hereby severally and not jointly for himself his heirs, executors and administrators, and only as to for and concerning his own part, share, and interest respectively, of and in the said messuages, lands and heredis taments hereby released, &c. and the acts, deeds and defaults relating to the same part, share and interest, covenant, promise and agree, with and to the said E. F. his heirs and assigns, in manner following (that is to say) that, notwithstanding any act, deed, matter, or thing, whatsoever, made, done, committed, or suffered to the contrary by them the said A. B. and C. D. or either of them, they the said A. B. and C. D. aré now seised in equal shares and proportions, as jointtenants, of and for a good, sure, lawful, absolute, and indefeasible estate of inheritance, in fee simple, of and in the said messuages, lands and hereditaments, hereby released or otherwise assured, or intended so to be, and every part thereof, with the appurtenances, without any condition, trust, power, cause, matter, or thing whatsoever, to alter, change, charge, revoke, make void, abridge, encumber, or determine, the same estate, or any part thereof; And also, that, notwithstanding any such act, deed, matter of thing, as afore

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C. D.

said, they the said A. B. and C. D. now have in themselves good right, full power, and lawful and absolute authority, by these presents, to grant, release, or confirm, the same messuages, lands and hereditaments, and every part thereof, with the appurtenances, to the uses hereinbefore limited and declared of and concerning the same, and according to the true intent and meaning of these presents: And also, that, notwithstanding any such act, deed, matter or thing as aforesaid, the same messuages, lands and hereditaments, shall or may, from time to time, and at all times hereafter, remain, continue and be, to the uses hereinbefore limited and declared of and concerning the same; and shall and may be held and enjoyed accordingly, without any let, suit, trouble, denial, interruption, eviction, or ejection, whatsoever, of, from, or by, the said A. B. and C. D. or either of them, their or either of their heirs, or any other person or persons whomsoever, lawfully or equitably claiming, or to claim, by, from, through, under, or in trust for them, or any or either of them; And free and clear and freely and clearly and absolutely, acquitted, exonerated, released and discharged, or otherwise by them the said A. B. and C. D. their heirs, executors or administrators, at their own costs and charges in all things, well and sufficiently protected, defended, saved harmless, and kept indemnified, of, from and against, all and all manner of former and other gifts, grants, feoffments, mortgages, leases, bargains, sales, jointures, dowers, and right and title of dower, uses, trusts, wills, entails, annuities, legacies, rents, arrears of rent, fines, issues, amerciaments, statutes, recognizances, judgments, executions, extents, suits, decrees, debts, sequestrations, and all other titles, troubles, liens, charges and incumbrances, whatsoever, at any time or times heretofore, and to be at any time or times hereafter, done, committed, occasioned, or permitted, by them the said A. B. and C. D. or either of them, or any person or persons, right

fully claiming or to claim, by, from, under, through, or in trust for them, or either of them, or by their, or either of their, acts, means, or consent; And moreover, that they the said A. B. and C. D. and each of them, their and each of their heirs, and all persons whomsoever lawfully or equitably claiming or to claim any estate, right, title, trust, charge or interest, at law or in equity, of, in, to, out of, or upon, the said messuages, lands and hereditaments, hereby released, or otherwise assured, or intended so to be, or any part thereof, by, from, under, or in trust for, them, or either of them, shall and will, from time to time, and at all times hereafter, at the request, and at the costs and charges of any person or persons entitled under the uses hereinbefore limited, or any of them, make, do, acknowledge, levy, suffer, execute, and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, all such further and other lawful and reasonable acts, deeds, devices, conveyances and assurances, in the law whatsoever, for further, better, more perfectly and absolutely, or satisfactorily, granting, releasing, confirming, or otherwise assuring, the same messuages, lands and hereditaments, and every part thereof, with the appurtenances, to the uses hereinbefore limited and declared of and concerning the same, and according to the true intent and meaning of these presents, as by the said E. F. his heirs or assigns, or his or their counsel in the law shall be reasonably devised, or advised and required. AND WHEREAS it hath been agreed, between the parties hereto, that the deeds, papers, or writings, mentioned or specified in the third schedule hereunder written or hereunto annexed, shall remain in the custody, possession, or power of the said A. B., subject to the covenant hereinafter contained, for production of the same, Now THEREFORE THIS INDENTURE ALSO WITNESSETH, and the said A. B. doth hereby for himself, his heirs, execu

tors, and administrators, covenant, promise and agree, to and with the C. D., his heirs and assigns, that he the said A. B. his heirs, executors or administrators, (unless prevented by fire, or some other inevitable accident) shall and will, at any time or times, and from time to time hereafter, on every reasonable request in writing, and at the cost and charges in all things of the said C. D. his heirs and assigns, produce and shew forth, or cause and procure to be produced and shewn forth in England, and not elsewhere, unto the said C. D. his heirs or assigns, or unto his or their attor pies, solicitors, agent, or counsel, or to any other per, son or persons whom the said C. D. his heirs or assigns shall direct or appoint, or to or before any court or courts of law or equity, or at or upon any trial or trials, hearing or hearings, commission or commissions for the examination of witnesses, or otherwise as occasion shall require, the several deeds, papers or writings, mentioned and particularized in the third schedule bereunder written or hereunto annexed, or any of either of them, for the proof, manifestation, support, or defence of the title of the said C. D. his heirs and as signs, of or to the said messuages, lands and hereditaments hereinbefore limited, in use to him and them; And that he the said A. B. his heirs or assigns, shall not nor will, at any time hereafter, wilfully deface, cancel, or obliterate the same deeds, papers and writings, or any one or more of them, And also, that he the said A. B. his heirs and assigns, shall and will from time to time, at the like request costs and charges, give or deliver to the said C. D. his heirs or assigns, a fair, true and attested copy of the same deeds, papers and writings respectively, or of any of them, and suffer such copies to be examined and compared with the originals either by the said C. D. his heirs or assigns or any person or persons whom he or they shall appoint.

IN WITNESS, &c.

THE first Schedule to which the above written Inden

ture refers.

ALL, &c.

THE Second Schedule, &c.

ALL, &c.

THE third Schedule, &c.

[Here enumerate the deeds, &c.]

RELEASE to be added, where one or more of the parties have been in possession, &c. of the entirety.

AND THIS INDENTURE FURTHER WITNESSETH, and the said A. B. doth hereby remise, release, and for ever quit claim, unto the said C. D. his heirs, executors and administrators, all and all manner of actions, causes of action, suits, controversies, accounts, reckonings, sums of money, claims and demands, whatsoever, at law, and in equity, or otherwise howsoever, which he the said A. B. his heirs, executors or administrators, now, or at any time or times hereafter, hath or can, shall or may, have, bring, or be entitled to, against the said C. D. his heirs, executors, administrators, or assigns, for, or by reason, or in respect, of the possession or occupation, rents and profits, of the said messuages, lands and hereditaments, hereby released, &c. prior to the day of the date of these presents, or for, or by reason, or in respect, of any other matter, cause, or thing relating thereto.

N. B. This release should be mutual, if circumstances render it expedient.

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