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tenements, and hereditaments, and all and singular other the premises hereby granted, released, and enfranchised, or intended so to be, with their and every of their appurtenances, [except as herein before is excepted,] unto the said C. D., his heirs and assigns, to the use and behoof of the said C. D., his heirs and assigns for ever; freed and absolutely acquitted, enfranchised, and discharged of and from all and all manner of customary or other rents, fines, heriots, fealty, suit of court, forfeitures, duties, services, or customs whatsoever, which by or according to the custom of the said manor of the said messuages, lands, hereditaments, and premises hereinbefore granted and released, or intended so to be, are or have been subject, or liable to, or charged with, or which would, but for these presents, be payable, or to be done and performed, for or in respect of the same hereditaments and premises, or any of them or any part thereof: Provided always, and it is hereby expressly declared, Reservathat nothing in these presents contained shall extend to tion of the enfranchisement of, or shall be deemed, construed, other lands. or adjudged to enfranchise, any part or parts of the copyhold hereditaments holden by the said C. D. of the said manor of (other than and except the said messuages, lands, hereditaments and premises hereinbefore particularly described,) or to acquit, release, or discharge the same premises from any fines, heriots, rents, fealty, suit of court, forfeitures, payments, duties, services, or customs which, by or according to the custom of the aforesaid manor, the same premises have at any time heretofore been subject or liable to, or charged with, or which have been or ought to have been paid, done, or performed, for or in respect of the same premises, or any of them. AND THIS INDENTURE ALSO WITNESSETH, Second that for the considerations aforesaid, and in order to pre- witnessing serve to the said C.D., his heirs and assigns, all such rights part. of common in, upon, and over the waste lands of the Regrant of said manor of as he the said C. D., or any of commonhis ancestors or predecessors, hath or have at any time able rights. heretofore used and enjoyed, as belonging or appurtenant to the messuages, lands, tenements, hereditaments, and premises hereinbefore described, notwithstanding the enfranchisement of the same respective premises, he the said A. B., hath granted, given, and confirmed, and by these presents doth grant, give, and confirm unto the said C. D., his heirs and assigns for ever, all such commonage and right or title to common, of what nature or kind soever, in, upon, and over all or any of the wastes, commons, and commonable lands, of or belonging to the said

Third witnessing part.

Grant of right of entry and right of way

to work mines.

Proviso.

manor of
as he the said C. D. immediately before
the execution of these presents, or as any of his ancestors
or predecessors, at any time heretofore, held, possessed
or enjoyed, in respect of, and as appurtenant or belong-
ing to the said messuages, lands, tenements, heredita-
ments and premises, hereby granted and released or in-
tended so to be, and the freehold and inheritance of all
such commonable rights as aforesaid, in as large, ample,
and beneficial a manner, to all intents and purposes, as
he the said C. D., or any of his ancestors or predecessors
hath or have heretofore used and exercised all or any of
the said rights or privileges, or as he, or his customary
heirs, could or might have used and exercised the same,
if these presents had not been executed.

[AND THIS INDENTURE FURTHER WITNESSETH,
that in consideration of
the said C. D., for
himself, his heirs and assigns, doth hereby covenant
and grant with and to the said A. B., that it shall be
lawful for the said A. B., his heirs and assigns, and his
and their agents, servants and workmen, at any time
or times, at his and their respective will and pleasure, to
enter upon the said lands and other hereditaments here-
inbefore granted and released, or intended so to be, and
to search for, dig, work, win, raise and carry away all the
said mines, minerals, metals, coals, and stone (hereinbefore
expressly reserved or intended so to be), and for that
purpose, at all usual and reasonable times, to go, return,
pass and repass in, through, along and over the said
lands and other hereditaments, with horses and other
beasts of burden, carts, waggons, and other carriages,
and whether laden or unladen, and to use any part of
the said lands as may be necessary or proper for deposit-
ing and laying down the said minerals, coals and stone,
and placing and heaping the waste and rubbish which
may arise in working the same, and to erect thereon
furnaces, engines, smelting houses, and all necessary
buildings, and to make, lay down and continue any rail-
way or tram road, drains, sluices and cuts, and to do every
other act, matter or thing, which may be usual, neces-
sary or expedient, for the fully and perfectly working,
winning, raising and carrying away all such coals, metals,
minerals, and stone. Provided always, and the said A. B.
doth hereby, for himself, his heirs, executors and ad-
ministrators, covenant and agree with the said C. D., his
heirs and assigns, that he, the said A. B., his heirs and
assigns, shall and will, from time to time, make all rea-
sonable compensation to the owners or occupiers for the
time being of the said messuages, tenements, lands, here-

ditaments, and other premises hereinbefore granted and released (or intended so to be), for the damage or injury at any time sustained by them by reason of the exercise of the privileges hereinbefore reserved, or hereby granted, or intended so to be.]

And the said A. B. for himself, his heirs, execu- Covenants tors, and administrators, doth hereby covenant, profor title. mise, grant, and agree, with and to the said C. D., his heirs and assigns, in manner following; (that is to say,) that (for and notwithstanding any act, deed, matter, or thing whatsoever by the said A. B., or any of his ancestors, at any time heretofore made, done, committed, executed, or wittingly suffered to the contrary,) he the said A. B., now at the time of the sealing and delivery of these presents, is lawfully and rightfully seised of, or well entitled to the aforesaid manor of for an estate of inheritance in fee-simple, in possession, and hath in himself good right, full power, and absolute authority to grant, bargain, sell, release, and enfranchise all and singular the said messuages, lands, tenements, hereditaments and premises hereinbefore granted, released, and enfranchised, or intended so to be, with their appurtenances, in manner aforesaid, and according to the true intent and meaning of these presents:-And moreover, that it shall and may be lawful to and for the said C. D., his heirs and assigns, from time to time, and at all times for ever hereafter, peaceably and quietly to have, hold, and enjoy the freehold and inheritance of all and singular the said messuages, lands, tenements, hereditaments and premises, hereby granted, released, and enfranchised, or intended so to be, with their appurtenances, for his and their own proper use and benefit, without any lawful let, suit, trouble, molestation, eviction, ejection, interruption, or disturbance whatsoever, of, from, or by the said A. B., or his heirs, or any person or persons lawfully or equitably and rightfully claiming, or to claim, by, from, under, or in trust for him, or any of his ancestors; and that free and clear, and freed and absolutely acquitted, exonerated and discharged, or otherwise by the said A. B., his heirs, executors and administrators, well and effectually saved, defended, kept harmless and indemnified, of, from, and against all former and other gifts, grants, bargains, sales, leases, mortgages, rents, jointures, dowers, settlements, uses, trusts, wills, entails, statutes, recognizances, judgments, extents, executions, and all other estates, titles, troubles, charges, and incumbrances whatsoever, had, made, done, com

mitted, executed, or wittingly suffered or consented unto by the said A. B., or any of his ancestors, or any person or persons lawfully or equitably claiming by, from, through, under, or in trust for him, them or any of them, or by, or through his, their, or any of their acts, means, default, And further privity, consent, or procurement :-And further, that he, assurance. the said A. B., and his heirs, and all and every persons

All payments of

and person whomsoever, having or lawfully or equitably claiming or to claim any estate, right, title, interest, or trust, in, to, or out of the said manor of —, by, from, through, under, or in trust for him, or his heirs, shall and will from time to time, and at all times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said C. D., his heirs or assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other acts, deeds, conveyances, and assurances in the law whatsoever, for the further, better and more perfectly and absolutely enfranchising all and singular the said messuages, lands, tenements, hereditaments and premises hereinbefore granted, released and enfranchised, or intended so to be, with their appurtenances, as by the said C. D., his heirs or assigns, or his or their counsel learned in the law, shall be lawfully and reasonably devised or advised and required, so as such further assurances contain in them no further or other covenant or warranty, than against the person or persons making and executing the same, and his or their own heirs' and ancestors' acts and deeds respectively, and so as the party or parties required to make and execute such further assurance or assurances, be not compelled or compellable, for the purpose thereof, to go or travel from his or their usual place or places of abode (a). In witness, &c.

No. II.

1 Geo. IV. Cap. 35, Sections 9-17.

PAYMENT OF MONEY INTO THE COURT OF

EXCHEQUER.

9. And be it further enacted, That whenever at any time after the first appointment of a person to be accountant general of the said Court of Exchequer as aforesaid, any person or persons shall be ordered by the said Court ders of the of Exchequer, or by the lord chief baron of the said

money under or

court to be

(a) A covenant for the production of title deeds may be inserted here; or it may be done by a separate deed.

court, or by the baron to be nominated and appointed as made into aforesaid, to pay any sum or sums of money, or any ex- the bank to chequer bills, bills of exchange or other negotiable se- the account curities, in any cause or matter before the said court, into of the acthe Bank of England, to the account of the accountant countant general of the said court, the party upon whom the order general. for payment of such money shall be made, shall, with the privity of such accountant general for the time being, pay the same into the Bank of England, to the account of the accountant general of the said court, and the party so paying any such sum shall take a receipt for the same Receipt. from one of the cashiers of the said Bank of England, which receipt shall be delivered to the said accountant general of the said court, who shall thereupon make and sign a certificate of such payment, which certificate shall Certificate. be countersigned by and shall be filed with the clerk of

state in

what se

curities

vested.

the reports hereinafter directed to be appointed; and Orders of that whenever at any time after the said appointment the Court of a person to be accountant general of the said court as of Excheaforesaid, any money shall by the said Court of Ex- quer to chequer, or by the lord chief baron of the said court, or by the baron to be nominated and appointed as aforesaid, be ordered to be invested in government or other securities, the species of the particular securities in which money inthe same shall be directed to be invested shall be mentioned in the order to be made for that purpose; and in case any such securities shall consist of public funds, stocks or annuities, the same shall be transferred into the name of the said accountant general; and that every such transfer shall contain a declaration of trust, in the books of the said Bank of England, that such funds, stocks or annuities, are so transferred in trust to attend the orders of the said Court of Exchequer; and in case any such East India securities shall consist of East India bonds, exchequer bonds, &c. bills, tallies, or orders, the same shall be delivered into to be dethe Bank of England, and placed to the account of the livered into accountant general of the said court, in the books of the the bank; said bank, as hereinbefore directed, subject to the orders and certifiof the said Court of Exchequer; and if any of the securi- cates of ties shall consist of stocks or annuities of the Bank of England, the East India Company or South Sea Company, or any other body politic or corporate, such stock or annuities shall be transferred into the name of such accountant general, and that every such transfer shall contain an entry or declaration of trust in the books of the respective companies, that such stocks or annuities are so transferred in trust to attend the orders of the said Court of Exchequer; and the said accountant general

transfer of

East India

stock, &c.

taken by accountant

general;

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