Imatges de pàgina
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CHAP. I.
SEC. II.

to survey value and equally divide the same, and accord-
ingly the said
after making an accurate
survey and valuation of the said
divi-
ded the same into two equal allotments, one of which they
entitled "First lot" and the other "Second lot," and
therein they set forth the names of the messuages or tene-
ments, and also the qualities and quantities of the land
proposed to be comprised in each lot, in the manner ex-
pressed in the schedule to these presents, of all the

and hereditaments agreed to be divided:

AND WHEREAS it hath been agreed between the said that the several

and

and other hereditaments set forth and comprised in the division entitled "First lot" in the said schedule to these presents shall be deemed taken and accepted, as and for the share or part of the said and singular the

of or in all and other hereditaments comprised in the said schedule, and agreed to be divided as aforesaid, and shall be held by the said

and his heirs in severalty, and that the several

and other hereditaments set forth and comprised in the
division entitled "Second lot," in the said schedule to
these presents shall be deemed, taken and accepted, as and
for the part and share of the said
of or in all
and singular the said
and other hereditaments
comprised in the same schedule, and shall be held by the
and his heirs in severalty, &c. &c. &c.

said

and all other

TO HAVE AND TO HOLD the said the hereditaments hereby released or intended so to be, and every part thereof, unto the said

his heirs,

and assigns, to the several uses, and upon and for the several
intents and purposes hereinafter declared thereof, (that is to
say) As to all such of the
and other hereditaments

hereby released or intended so to be, as are comprised or
particularly set forth in the division entitled "First lot"
of the said schedule to these presents, and containing in the
whole, by admeasurement, acres, roods, poles,
to the only use and behoof of the said

his

heirs and assigns for ever, in lieu and in full satisfaction for the undivided moiety or equal half-part of him, the said of or in the whole of the said

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and other hereditaments hereby released or intended so to
be, And as to all such of the
and other here-

ditaments hereby released or intended so to be as are com-
prised or particularly set forth in the division entituled
"Second lot" of the said schedule to these presents, and
containing in the whole, by admeasurement,

roods,

acres,

poles, to the only use and behoof of the said his heirs and assigns for ever, in lieu and in full satisfaction for the undivided moiety or equal half-part of

him, the said

of or in the whole of the said

and other hereditaments hereby released or

intended so to be.

AND WHEREAS in the

CHAP. I.

SEC. II.

year of the reign of his said Recital of an

present Majesty, an Act of Parliament was past, entituled &c., (state the title of the act), and the said

allotment by way of exchange under an Inclosure

of to defray

was thereby appointed commissioner for carrying Act, and of the said act into effect (state the exchange clause), AND mortgage thereWHEREAS at the time of passing the said act the said was tenant for life in possession under mainder to his first and other sons successively in tail male, and with several remainders over of

hereditaments in

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with re

and other

AND WHEREAS the said

in pursuance of the authority given to him by the said act, proceeded to set out and divide and allot the fields commons and waste lands within the said

open

,

between the persons and in the manner by the said act directed, and afterwards to make and execute an award under his hand and seal, bearing date on or about the day of specifying therein all the lands so divided, allotted and inclosed, and with such further particulars as required by the said act, two parts of which award have been duly deposited at the places and in manner thereby also required, and by such award the said

set out and allotted unto the said

the

expenses.

CHAP. I.
SEC. II.

Recital of trustee being

in

aforesaid hereinafter described and in-
tended to be conveyed in exchange in lieu and satisfaction
of such rights of common and soil belonging or incident to
the said
as in the said award are mentioned:
AND WHEREAS for the purpose of defraying his proportion of
the expenses of passing the said act and carrying the same
into execution, the said
did, by virtue of the
said power to him thereby in that behalf given, and with the

consent and approbation of the said
from the said

borrow the sum of £ at interest, allotted to him, as

upon the security of the
aforesaid, and comprised in the next recited indenture, such
sum not exceeding £ for every acre of such allotment,
and accordingly by an indenture bearing date on or about the
day of
and made or expressed to be made
between &c., in consideration of the sum of £— paid to
the said
by the said
rection and appointment of the said

by the dithe said

did, by virtue of the power to him in that behalf given by the said act, and with the consent and approbation of the said signified by writing under his hand and seal, bargain, sell and demise unto the said his executors, administrators and assigns,

in

aforesaid,

all and singular the
so allotted to the said
and therein and herein-
after described and intended to be conveyed in exchange,
TO HOLD the same unto the said
his executors,
administrators and assigns, from thenceforth, for the term of

years, subject to a proviso and agreement therein con-
tained, for determining the said term on payment by the
person or persons for the time being entitled to the said
to the said
his executors,
administrators or assigns, of the said
interest at 5 per cent. per ann. on the

AND WHEREAS the said

sum of £

with

day of

next.

has since departed

this life intestate as to the trust-estate or interest limited to

an infant, with covenant to ob- him by the said indenture of release, of or in the said

therein comprised and leaving

infant of the age of

years or thereabouts, his

now an

CHAP. I.

SEC. II.

son tain conveyance

and heir at law, him surviving, to whom the same trust estate from him at 21 or interest hath descended at law; AND WHEREAS the said years.

hath contracted and agreed with the said for the absolute purchase of the said mises, at or for the price or sum of £

said

and pre

and he, the said instead of requiring a conveyance from the of his said trust-estate or interest, under

an order of the Court of Chancery as an infant trustee, hath agreed to accept such covenant of the said

obtaining a conveyance thereof when the said

for

or his heirs shall be competent so to do, as is hereinafter in that behalf contained (1).

AND WHEREAS by an order of the High Court of Chan- Recital of procery, dated the

of the said

day of

,

last past, on the petition ceedings for obtaining an it was referred to Mr. , order for in

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to convey.

one of the masters of the said court, to examine and certify fant trustee how the said was interested in the said and whether he was an infant and a trustee within the meaning of the Act of Parliament made in the sixth year of the reign of his present Majesty, entituled "An Act for consolidating and amending the laws relating to conveyances, and transfers of estates, and funds, vested in trustees, who are infants, &c." and for whom, and, in pursuance of such order, the said master made his report, dated the day of

last past, and thereby certified that the said

was an infant trustee of the said

within the intent

and meaning of such act, and that he was such infant trustee
for the benefit of the said
; AND WHEREAS, by a

subsequent order of the said court, dated the

day of

last past, the said report was confirmed, and it was

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CHAP. I.
SEC. II.

Recital (short)

of uses in a marriage settlement.

reposed in them by the said recited

the privity and concurrence of the said
contracted and agreed with the said

solute sale to him in fee simple in possession of

at or for the price or sum of £

,

and with

lately

for the ab

their heirs

To hold the same unto the said and assigns, to the uses upon and for the trusts intents and purposes, and with and subject to the powers and provisoes therein declared and contained of and concerning the same, to take effect after the said then intended marriage, for the several benefits of the said

and

his

then intended wife, and their issue, in a course of strict settlement:

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the latter's intestacy.

which so became , leaving the

said

his

said

Recital of death of mortgagee

in fee, and descent of the

estate to his

heirs.

and heir at law, whom the and hereditaments thereupon descended to,

and are now vested in, but in trust as aforesaid.

AND WHEREAS the said

the year 18 , having in his life made and duly published his last will and testament in writing

about the
pointed the said

the said

day of

died on or about

bearing date on or

and thereby ap

18 executors of the same, but

did not thereby or otherwise dis

pose of the estate of inheritance at law, which by the
last recited indenture was conveyed to him, of or in the
said
therein comprised, and the said

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left the beforenamed
under the age of 21 years, his only son and heir-at-law, to
whom the said
thereupon descended at law, but

by way of mortgage only for securing the said sum of

£- and interest to the said
representatives of the said

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