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and to surrender into the hands of the same lord or lady, lords or ladies, and either in his, her or their proper person or persons, or by the hands and acceptance of such steward or deputy steward by the rod, according to the custom of the said manor, All &c., with the appurtenances, (and to which same premises I was admitted tenant at a court held for the said manor on the day of ;) and the reversion and reversions, remainder and remainders thereof; and all my estate and interest therein or thereto, to the use of E. F. of &c., his heirs and assigns for ever, according to the custom of the said manor. And further, for me, the said A. B., and in my name, to do and execute all and every such acts, matters and things, as shall be needful or expedient for making such surrender as aforesaid; and for procuring the said E. F., his heirs or assigns, to be admitted tenant to the said copyhold premises, and as fully and effectually to all intents and purposes as I myself could or might do, being personally present, hereby agreeing to ratify and confirm all and whatsoever the said C. D. shall lawfully do, or cause to be done, by virtue of these presents. In witness, &c.

Sealed, &c.

A. B. (L. S.)

(General power of attorney to sell copyholds, and surrender to a

purchaser.)

Know all men by these presents, that I, A. B. of &c., one of the customary or copyhold tenants of the manor of &c., have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint C. D. of &c., and E. F. of &c., jointly and severally, and the survivor of them, my true and lawful attornies and attorney, agents and agent, for me, in my name and on my behalf, to sell and dispose of, either by public auction or private contract, and for the best price or prices that can in their or his judgment be had or gotten for the same, all or any part of the customary or copyhold hereditaments hereinafter described respectively lying within and holden of the manor of, in the county of, and the customary fee-simple and inheritance thereof, that is to say, All &c., with their appurtenances, (to which same premises I was admitted to hold to me and my heirs for ever, according to the custom of the said manor, at a general court held the day of;) and also to make and enter into any contract or contracts in writing with any person or persons whomsoever in relation to such sale or sales respectively, as to my said attornies or attorney, agents or agent, shall seem meet; and further, for me, in my name and on my behalf, either at some general or special court baron or customary court to be holden for the manor of- aforesaid, or out of court at any time or times after such sale or sales respectively, to surrender into the hands of the lord or lady, lords or ladies of the said manor for the time being, and according to the custom of the same manor, the said customary or copyhold — hereditaments and premises so to be sold, or any of them; and the reversion and reversions, remainder and remainders thereof; and all my estate and interest therein or thereto, to the use of the person or persons purchasing the same

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premises respectively as aforesaid, and of his, her or their heirs and assigns for ever, or as he, she or they shall direct or require, and according to the custom of the manor of aforesaid and moreover for me and

in my name, and as my act and deed, to sign, seal, execute and deliver any deed or deeds to be prepared by and on the part of all or any such purchasers as aforesaid, pursuant to such contract or contracts for sale respectively, containing all reasonable and proper covenants on the part of me the said A. B., my heirs, executors and administrators, for the estate, title, possession and further assurance of the hereditaments and premises respectively so to be sold as aforesaid; and for the production of any deeds, instruments or writings, constituting my title to the same respective premises, which, according to the usage and practice in the like cases, are to remain in my custody or power; and for the delivery of attested or other copies thereof from time to time thereafter, at the request, costs and charges of such purchaser or purchasers respectively, his, her or their appointees, heirs or assigns; and generally for me and in my behalf to do, perform and execute all or any such other acts, deeds, assurances, matters and things as shall be necessary or expedient in and about the premises, and as fully and effectually to all intents and purposes as I myself could or might do, being personally present. And I do hereby expressly declare and agree, that the receipt and receipts which shall be given by my said attornies or agents, or either of them, for all or any part of the monies to arise from any such sale or sales as aforesaid, shall be a good and sufficient discharge and good and sufficient discharges to the purchaser or purchasers, or other person or persons paying the same monies respectively, for all or so much and such part thereof as shall be in such receipt or receipts respectively expressed or acknowledged to be received; and that such purchaser or purchasers, or other person or persons, shall not afterwards be bound to see to the application of the same monies, nor be responsible for the loss, misapplication, or non-application thereof, or any part thereof. And I direct that the same monies, when so received, shall be paid forthwith into the hands of Messrs. bankers, in my account and for my use, or to such other person or persons, and in such other manner as I may from time to time require by any note or writing under my hand. Provided nevertheless, and I do hereby fully authorize my said attornies or agents respectively to retain and deduct out of the said trust monies all costs, charges and expenses, which they respectively shall sustain or incur in the execution of the power or trust hereby reposed in them. And I declare and direct that they shall not be responsible the one for the other of them, nor for any loss which may happen by depositing the trust monies aforesaid with any person or persons whomsoever for safe custody or otherwise without their respective wilful neglect or default. And I do hereby agree to ratify and confirm all and whatsoever my said attornies or attorney, agents or agent, shall lawfully do or cause to be done by virtue of these presents. In witness, &c.

Sealed, &c.

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A. B. (L. s.)

to

(Power of attorney to procure admittance in tail, and afterwards to surrender the estate, and do all necessary acts in order to acquire the feesimple.)

Know all men by these presents, that I, A. B. of &c., have made, ordained, constituted and appointed, and by these presents do make, ordain, constitute and appoint C. D. of &c., my true and lawful attorney, for me in my name and on my behalf, to appear at the next or some subsequent general or at a special court baron or customary court to be holden for the manor of- in the county of or before the lord or lady, lords or ladies of the same manor for the time being, or the lawfully constituted steward or deputy steward, out of court (f); and to pray and receive and take admittance of and from such lord or lady, lords or ladies, steward or deputy steward by the rod, and according to the custom of the aforesaid manor, to All &c., with the appurtenances, to the use of me the said A. B., and the heirs of my body lawfully issuing, according to the limitations expressed and declared in and by &c., [here briefly refer to the will or surrender creating the estate tail]. And I do hereby further authorize and empower and direct the said C. D., for me, in my name and on my behalf, immediately after such admittance as aforesaid, to surrender into the hands of the lord or lady, lords or ladies, of the manor of aforesaid for the time being, either in his, her or their proper person or persons, or by the hands and acceptance of such steward or deputy steward by the rod, and according to the custom of the same manor, All and singular the said customary or copyhold hereditaments and premises, with their appurtenances; and the reversion and reversions, remainder and remainders thereof; and all the estate and interest of me the said A. B. therein or thereto, from and after such admittance as aforesaid, to the use of me the said A. B., my heirs and assigns for ever; and generally to do, perform and execute or join and concur with all or any other person or persons whomsoever in anywise concerned therein, in doing, performing and executing all such other acts, matters and things as according to the custom of the manor of aforesaid shall be necessary or expedient for barring the aforesaid estate tail and all other estates tail, and all remainders and reversions thereupon expectant or depending, of and concerning the said hereditaments and premises; and for surrendering, limiting and assuring the same premises, with their appurtenances, to the use of me the said A. B., my heirs and assigns for ever, according to the custom of the said manor, and for procuring admittance under and by virtue of such last mentioned surrender, and as fully and effectually to all intents and purposes as I myself might or could do being personally present. And I do hereby agree to ratify and confirm all and whatsoever my said attorney shall lawfully do or cause to be done in the premises by virtue of these presents. In witness, &c.

Sealed, &c.

A. B. (L. s.)

(f) See reference to sect. 88 of 4 & 5 Vic. c. 35, ante, pt. 1, p. 102; et vide the act,

post.

(Surrender out of court by A. B. to C. D. a purchaser in fee) (g).

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in the county of the year of our Lord -, A. B. of &c., one of the customary tenants of the said manor, came before J. S. steward of the said manor, and for carrying into effect a contract made and entered into by the said A. B. with C. D. of &c., for the sale to him of the copyhold hereditaments hereinafter described and the customary fee-simple and inheritance thereof, and in consideration of the sum of £of lawful money of the united kingdom of Great Britain and Ireland current in England, unto the said A. B. in hand paid by the said C. D. at the time of making this surrender, did out of court surrender into the hands of the lord of the said manor by the hands and acceptance of the said steward by the rod, according to the custom of the said manor, All &c., with the appurtenances to the same premises belonging or in anywise appertaining, (to which said hereditaments and premises the said A. B. was admitted at a general court holden for the said 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, benefit, power, claim and demand whatsoever of the said A. B. in, to or out of the said hereditaments and premises and every part thereof, to the use of the said C. D., his heirs and assigns for ever, according to the custom of the said manor. A. B.

Taken and accepted the said day of

by me,

J. S., steward of the said manor.

(Surrender out of court by A. B. and his wife, pursuant to a covenant in their marriage settlement, to the use of the trustees of the settle

ment)(h).

The manor of

Whereas by an indenture bearing date &c., and in the county of made between A. B. of &c., of the first part, C. D. of &c., spinster, of the second part, and E. F. of &c., and G. H. of &c., of the third part, Reciting that a marriage had been agreed upon and was intended shortly thereafter to be had and solemnized between the said A. B. and C. D.; And reciting that the said A. B. was seized of the freehold hereditaments thereinafter described, and intended to be thereby granted and released, for an estate of inheritance in fee simple in possession; and that the said C. D. was seized of the copyhold hereditaments thereinafter described, and covenanted to be surrendered, for an estate of inheritance in fee simple in possession, according to the custom of the said manor: And after also reciting that upon the treaty for the said marriage it was proposed and agreed that the said freehold hereditaments should be conveyed and assured to, for and upon the uses, trusts, intents and purposes

(g) See presentment of and admittance under this surrender, ante, 782.
(h) Ib. ante, 786,

thereinafter limited, expressed, declared and contained, of and concerning the same; and that the said copyhold hereditaments should be surrendered to the use of the said E. F. and G. H. and their heirs, upon and for the trusts, intents and purposes, and in manner mentioned in the covenant or agreement in that behalf thereinafter contained,-It was witnessed, that in consideration of the said then intended marriage, and for the nominal consideration therein expressed, the said A. B. did grant, bargain, sell, alien and release unto the said E. F. and G. H. and to their heirs and assigns, All and singular the freehold and hereditaments therein particularly described, with their appurtenances, to hold the same unto the said E. F. and G. H., their heirs and assigns, to, for and upon the uses, trusts, intents and purposes, and under and subject to the powers, provisos, declarations and agreements in the said indenture of release and settlement limited, expressed, declared and contained of and concerning the same freehold hereditaments: and by the said indenture of release and settlement it was covenanted and agreed that the said A. B. and C. D., his then intended wife, should and would, either before or with all convenient speed after the solemnization of the said then intended marriage, duly surrender, according to the custom of the said manor, the customary or copyhold hereditaments therein and hereinafter described, with their appurtenances, to the use of the said E. F. and G. H., their heirs and assigns for ever, upon and for such trusts, intents and purposes as would best and nearest correspond with the uses, trusts and limitations thereinbefore expressed, declared and contained of and concerning the said freehold hereditaments therein before conveyed and assured. And whereas a marriage was duly had and solemnized between the said A. B. and C. D. soon after the date and execution of the hereinbefore in part recited indenture of release and settlement,

day of

the said A. B. and

Now be it remembered that on the C. his wife came before J. S., esquire, steward of the said manor, and in pursuance of the said covenant or agreement in this behalf mentioned and contained in the said indenture of release and settlement, and the said C. B. being first examined by the steward separately and apart from her said husband, and freely and voluntarily consenting thereunto, did, out of court, surrender into the hands of the lord of the said manor, by the hands and acceptance of the said steward, by the rod, according to the custom of the said manor, All &c., with the appurtenances to the same premises belonging or in anywise appertaining, (and to which same hereditaments and premises the said C. B. (then C. D.) was admitted at a court held for the said 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, benefit, power, claim and demand whatsoever of the said A. B. and C. his wife respectively in, to or out of the same hereditaments and premises and every or any part thereof, to the use of the said E. F. and G. H., their heirs and assigns for ever, according to the custom of the said manor, but nevertheless upon and for the trusts, intents and purposes expressed and declared or referred unto of and concerning the

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