AND WHEREAS, it hath been agreed that the deeds and evidences of title relating to the hereditaments and premises hereby granted and released, shall remain in the possession of the said A. B. (1) upon his entering into such covenant for the production and delivering copies thereof as hereinafter is contained; Now THEREFORE THIS INDENTURE FURTHER WITNESSETH, that in pursuance of the said agreement, the said A. B. for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to 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, and at all times hereafter, unless prevented by fire or other inevitable accident, upon every reasonable request in writing, and at the costs and expence of the said C. D. his heirs or assigns, produce and shew forth, [or cause to be produced and shewn forth, in any part of the united kingdom of Great Britain and Ireland, unto and for the perusal of the said PARTITION. Freeholds. Recital that titlemain in the deeds shall re hands of A. B. FURTHER WITNESS. Covenant by duce the title A. B. to pro deeds. ministrators, doth hereby remise, release, and for ever quit claim day of last past." (1) Where the title will admit of it, the deeds relating to each part of On partition, the premises should be delivered to the party to whose use it is limited, deeds should be but when this cannot be done, they may be left in the possession of delivered where either of the parties, upon his entering into a covenant to produce them practicable. when called upon. PARTITION. Freeholds. And deliver attested copies when required. Proviso for delivery when used. C. D. his heirs or assigns, or his or their counsel or solicitor, or at any trial, hearing, or examination, in or directed by any court of law or equity, and unto or before any commissioners, arbitrators, or umpire, lawfully appointed, and at and upon every other proper place and occasion, and in such manner and form, and for such time as shall be reasonable,] all, and every, or any of the deeds, probates, exemplifications, muniments, writings, and evidences particularly mentioned in the schedule hereunder written, or hereunto annexed, marked with the letter C. and also all other deeds, probates, exemplifications, muniments, writings, and evidences, if any, not being of record, which do, shall, or may in anywise relate unto the hereditaments and appurtenances so agreed to be taken by, and hereinbefore limited in use to the said C. D. and his heirs, or any of them, and which now are, or hereafter shall or may be in the custody or lawful power of him the said A. B. his heirs or assigns, and which he or they can or may procure, without suit at law or in equity, for the manifestation, support, or defence, of the estate, right, title, interest, or possession of the said C. D. his heirs and assigns, of, in, or to the messuages, lands, tenements, hereditaments, and premises so hereinbefore limited in use to him as aforesaid, or any of them, or any part thereof. AND also shall and will at and upon the like request, costs, and expenses, and for the like, or any other purpose or purposes, make and deliver, or cause and procure to be made and delivered to the said C. D. his heirs, and assigns, with all due and reasonable diligence and dispatch, true and attested, and other copies of all and singular, or any of the said deeds, wills, probates, exemplifications, muniments, writings, and evidences, or of any covenants, provisoes, clauses, or agreements, therein respectively contained. [AND moreover shall and will in the mean time, and at all times from henceforth, use and take, or cause to be used and taken all due and proper care and means to preserve the same deeds, probates, exemplifications, muniments, writings, and evidences, and every of them, from being lost, destroyed, cancelled, or defaced in any manner howsoever.] PROVIDED ALWAYS, and it is hereby agreed and declared, that upon every such delivery or production of the same deeds, evidences, and writings, or any of them as aforesaid, the said C. D. his heirs or assigns, shall and will, if thereunto required, sign and give to the said A. B. his heirs and assigns, an express and particular acknowledgment or receipt in writing, under his or their hand, or respective hands, for such of the said deeds, writings, and evidences, as shall be so produced, in which said receipt or acknowledgment shall be com PARTITION. prised a sufficient and satisfactory undertaking for the re-delivery thereof unto the said A. B. his heirs and assigns, when and as soon as the same shall have been used for the purpose or purposes aforesaid, whole, uncancelled and undefaced, accidents by fire or other unavoidable cause only excepted. IN WITNESS, &c. Freeholds. By the 55 Geo. III. cap. 184, this deed will (if no sum of money, Stamp required or only a sum under £300 be paid for equality of partition) require only on partitions. the ordinary duty of £1 15s.; but if any sum of money amounting to £300 or upwards be paid, then the same ad-valorem duty, as for a conveyance on the sale of lands, for a sum of money equal to the amount of the sum so paid; and a further progressive duty of £1 5s. for every 1080 words above the first 1080, if the deed be liable in the first instance to a duty of £1 15s.-but if liable to the ad-valorem duty, then a progressive duty of only £1. And by the same act it is declared, that any duplicate of the deed of partition shall be charged with the same duty or duties; and in case there shall be more than one deed for completing the title to the estate or interest conveyed by either party, the principal deed only shall be charged under the head of partition, and any subordinate or collateral deed shall be charged with the duty to which it may be liable under any description in the schedule annexed to the act. See post. "STAMP." PARTITION. Leaseholds. No. CCCCXXV. A Deed of Partition of Leasehold Premises by Joint-tenants (1). Parties. or tenant in common) of, &c. of the first part, C. D. (the other jointtenant or tenant in common) of, &c. of the second part, and (the trustee) of, &c. a trustee named and appointed for the purposes Recital of title. hereinafter mentioned of the third part. WHEREAS the said A. B. and C. D. are possessed of or entitled unto the several leasehold messuages or tenements and premises hereinafter described, for the residue of the several terms of years now to come therein, in jointtenancy in possession, under or by virtue of the last will and testament of (the testator) of, &c. deceased, [or as the case may be]. AND WHEREAS, &c. [recite here the terms of the agreement for the partition (2)]. NOW THIS INDENTURE WITNESSETH, that for the purpose of carrying the said agreement into execution, and for the considerations aforesaid, [and also for and in consideration of the sum of five shillings of lawful English money, to the said A. B. and C. D. respectively in hand well and truly paid by the said (trustee) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged], THEY the said A. B. and C. D. WITNESS. That A. B. and C. D. assign Brevity. Agreement. Owelty of parti (1) See ante, No. CCCCXXIV. (p. 475.) in notes. If brevity be particularly desired, the parts within brackets may be omitted. (2) See ante, Vol. I. p. 177, and ante, p. 477, where the terms of this agreement are set out. If any sum be paid for owelty of partition, see ante, p. 477. tion. according to their respective estates and interests, [HAVE and each of them HATH granted, bargained, sold, assigned, transferred and set over, and by these presents] Do, and each of them DOTH grant, bargain, sell, assign, transfer and set over unto the said (trustee), his executors, administrators and assigns, ALL those the several messuages, or tenements, pieces or parcels of ground, and premises comprised or described in the two several schedules or particulars thereof hereunder written, or hereunto annexed, marked with the letters A. and B. with all and every the rights, members, easements, privileges, advantages, and appurtenances, to the same premises belonging, or with the same or any part thereof now or heretofore holden, used, occupied, or enjoyed; and all the estate, right, title, interest, term, or number of years now to come and unexpired, property, claim and demand whatsoever, both at law or in equity, or otherwise howsoever of them the said A. B. and C. D. of, in, to, or out of the same premises, or any of them, under or by virtue of the several indentures PARTITION. Leaseholds. the whole of the premises. residue of the terms. of lease, by which the same are holden; TO HAVE AND TO HOLD the To hold to the said messuages or tenements, pieces or parcels of ground, and all and trustee for the singular other the premises hereby assigned or mentioned, or intended so to be, with their and every of their respective rights, members, privileges, easements, advantages, and appurtenances, unto the said (trustee), his executors, administrators and assigns, from henceforth, for and during the residue and remainder of the several terms of years which is or may be now to come and unexpired in the said premises by efflux and computation of time; SUBJECT NEVERTHELESS to the payment of the yearly rents in or by the said several indentures of lease reserved respectively, and to the performance and observance of the several covenants, clauses, provisoes and agreements therein contained, and henceforth on the part of the tenant of the said premises respectively to be paid, performed, or observed, in respect of the said premises; BUT UPON THE TRUSTS nevertheless, and to and for the several ends, intents, and purposes hereinafter declared or expressed concerning the same, (that is to say,) as to and concerning such part of the several mes- As to part of the suages or tenements, pieces or parcels of ground and premises as are comprised and described in or by the schedule hereinbefore referred to, as marked with the letter A. and coloured red in the plan or groundplot thereof drawn in the margin of these presents, IN TRUST, that he the said (trustee), his executors or administrators do and shall forthwith, and immediately upon the sealing and delivery hereof, or at any other time or times, when he or they shall be thereunto lawfully required, by some indenture, deed-poll, or other proper assurance, assign, and transfer all and singular the same messuages or tene premises in trust for A. B. |