RECITAL of Commission and the subsequent Proceedings, where Houses were the subject of Partition, and certain alterations were directed by the Commissioners to be made, and Rents to be paid, for equalising the Property. AND WHEREAS, in pursuance of the said last mentioned order of the 1st day of December, 1778, a commission of partition issued, directed to, &c., which said commissioners, or the major part of them, by their certificate, which was absolutely confirmed by an order of the said court, dated, &c. certified to the said court, that they having entered upon, viewed and surveyed, the several messuages, tenements, hereditaments and premises, mentioned in the said commission, and hav ing considered the value of the same respectively, and the value of the respective shares and interests of the several parties therein respectively, had proceeded to divide and allot the said messuages, &c. and did accordingly allot and appoint the same to the several parties, in manner thereinafter mentioned, and hereinafter recited, (that is to say) in the first place, they had caused the two several messuages or tenements, situate in C. the one of which said messuages or tenements was formerly in the occupation of, &c. and the other of them formerly in the occupation of, &c. to be altered and divided, in the manner delineated and set forth in the schedule or plan thereof annexed to their said certificate; and did order and direct, that the costs and charges of such alteration and division should be equally borne and defrayed by the said, &c. and such alterations and division being made as aforesaid, they did allot the said first mentioned messuage or tenement, with the appurtenances, formerly in the occupation of, &c, and then of, &c. to R. W., in full for his one undivided 2 third part in the said three houses, situate, &c. subject as thereinafter mentioned; and they did also allot the said, messuage or tenement, with the appurtenances, formerly in the occupation of — to the said in full for one equal undivided third part of the said houses; and for such and the same estates and interests, as they then had respectively therein, subject as thereinafter mentioned; and they did also allot the said messuage or tenement, situate in, &c. to the said, &c. in full for his one equal undivided moiety of one third part of the said three houses, subject as thereinafter mentioned; and they did also allot the messuage, &c. with the appurtenances, situate, &c. in the possession of, &c. unto the said, &c. which, with the addition of the several annual payments, di, rected to be made as thereinafter expressed, was to be in full for their equal undivided moiety of one third part of the said five houses; and for such and the same estates and interests, as they had respectively therein, but subject nevertheless as thereinafter mentioned; and forasmuch as the said messuage or tenement, thereinbefore allotted to the said R. W., exceeded in value his interest in the premises, they did appoint the said R. W. and his heirs, to pay unto the said, &c. one perpetual annuity or clear yearly rent charge of, &c. to be issuing and payable out of the said messuage or tenement thereinbefore allotted to the said R. W., unto the said, &c. in respect also of their said one equal undivided moiety of one third part of the said five houses, and for the same estates and interests respectively; and, forasmuch as the said messuage or tenement thereinbefore allotted to the said, &c. also exceeded in value their interest in the said premises, they the said commissioners did therefore appoint the said, &c. to pay unto the said, &c. one perpetual annuity, or clear yearly rent charge, of, &c. to be issuing and payable out of the said messuage or tenement therein before allotted to them, &c. in respect also of their said one equal and undivided moiety of one third part of the said five houses, and for the same estates and interests respectively; and the said commissioners did further appoint one annual rent charge, or clear yearly sum of, &c. to be issuing and payable to the said, &c. for ever, out of the said messuage or tenement thereinbefore allotted to the said, &c.; and they did allot the same accordingly, to the said, &c. for ever, in full for one third part of the said two houses, situate in, &c. AND WHEREAS, by a further decree, or decretal order, of the Master of the Rolls, dated, &c. upon the further hearing of the said cause, his Honour did (amongst other things) order that the said certificate of the said commissioners hereinbefore recited, should be confirmed; and that the several parties should hold and enjoy the several parts of the estate in question allotted to them in severalty, according to such allotment; and that when the several parties entitled under the said commission of partition should be capable of conveying their several shares, all parties should be at liberty to apply to the court to have such conveyances executed accordingly; and it was further ordered, that the several annuities by the said commissioners' certificate directed to be paid out of the several and respective shares of the said estate, should be paid out of such parts of the said estate, as are liable thereto, by the parties directed to pay the same to the persons who appear by the said certificate to be tenants for life of the said several annuities respectively, from the time of the allotment of the said estate taking place, and as and when the tenants for life of the said annuities, or any of them, should die the person or persons next entitled to such annuities respectively should be at liberty to apply to the court concerning the same, 217 INDEX. A. ABATEMENT of writ ACCOUNT, when prayed for and decreed, in equity, as weli as a partition ADVOWSON, partition of, so as to confer the presentation by turns Page 101 6, 145 by the statute 7 Ann. c. 18. such partition con- partition of, has been decreed in equity appendant to a manor, where severed or not by partition AGREEMENTS, for partition effect of, in equity adviseable in case of joint-tenancy must be fair and reasonable do not of themselves effect an actual partition at law AID, whether it lies in the writ of partition AMENDMENT, of the proceedings in writ of partition 69, 71 70 66, 71, 73 17 of the commissioners return of the proceed- ANCIENT DEMESNE, tenant in, shall not have the writ of partition APPEARANCE, on default of proceedings on writ to go on, by statute 8 and 9 W. III. c. 31 ARBITRATION, partition by See Award ASSIGNMENT of leaseholds, on partition thereof of outstanding terms, on partition AWARD of arbitrator, for partition, does not of itself pass the should direct conveyances to be made B. Page 132 134 17 ib. BANKRUPT; where the undivided share of a certificated BARON and FEME. See Husband and Wife. BILL IN EQUITY, for partition. See Commission, Decree, Equity, &c. superior advantages of, over the proceed- binds those in reversion or remainder how the property must be divided 149 85 77,78 77 78 83, &c. partition decreed for, and against what 91, &c. 103 if reversioners, &c. made parties, perma- is matter of right, provided the title is 92 95 how far plaintiff is bound to state his own ib. 101 102 C. CASTLE of habitation, may be the subject of partition 3, 48 88 |