recited indenture of the
day of
and all arrears (if
any) thereof, and all powers and remedies for the payment or reco-
very thereof, and all the estate, right, title, interest, trust, property,
possession, claim, and demand whatsoever, both at law and in equity,
of him the said (releasor), of, in, to, or concerning the same, to the
end and intent that the said yearly rent-charge or annual sum of
L may be henceforth utterly extinguished, annihilated, and de-
stroyed, and that the said (releasee), his heirs [or executors, admi-
nistrators,] and assigns, may hold, possess, and enjoy (1) the said
several messuages, lands, tenements, hereditaments, and premises
charged with or made liable to the payment of the same, wholly and
absolutely freed and discharged therefrom, and of and from all
claims and demands in respect thereof, or any part thereof. AND the
said (releasor) doth hereby for himself, his heirs, executors, and ad-
ministrators, covenant and declare with and to the said (releasee), his
heirs, executors, administrators, and assigns, that he the said (re-
leasor) hath not at any time heretofore assigned, transferred, or
made over the said yearly charge or annual sum of L
part thereof unto any person or persons whomsoever, nor made, done,
committed, executed, or knowingly suffered any act, deed, matter, or
thing whatsoever, whereby or by reason or means whereof he is be-
come, or can or may be rendered incapable of, or prevented from re-
leasing and extinguishing the same in the manner aforesaid, and ac-
cording to the true intent and meaning of these presents. IN
WITNESS, &c.

or any

RELEASE.

Fee-farm Rent.

Covenant by the

releasor that he

hath not incum

bered.

So re

"ALL that the said yearly rent or annual sum of L served to him the said (releasor) under or by virtue of the said hereinbefore in part recited indenture of lease of the

and all arrears, &c." as above.

day of

(1) If the release be of a rent reserved upon a lease for years, add, "For the residue and remainder which is now to come and unexpired, of the said term of

years."

RELEASE.

Rent-Charge (part of Premises).

No. CCCCLXI.

A Release of Part of an Estate from the Payment of a Rent-
Charge or other Annual Sum (1).

THIS INDENTURE made the

day of

in the

WITNESS.

year of the reign, &c. and in the year of our Lord, 18, BETWEEN (the grantee) of, &c. of the one part, and (the grantor) of, &c. of the other part. WHEREAS, &c. (2) AND WHEREAS the said (grantee) hath consented, at the request of the said (grantor), to release the hereditaments and premises hereinafter described from the payment of the said annuity or yearly rent-charge, in the manner hereinafter mentioned. Now THIS INDENTURE WITNESSETH, that leases part of the in pursuance of the said agreement, and in consideration of the sum of five shillings of lawful current money of England, to the said (grantee) in hand well and truly paid by the said (grantor) at or before the scaling and delivery of these presents, the receipt whereof is hereby acknowledged, HE the said (grantee) HATH released, exonerated, and for ever discharged, and by these presents DоTH for himself, his heirs, exccutors, and administrators, wholly and abso

The grantee re

land from the

payment of the rent-charge.

But a release of

part of the land

on which it is charged is a release of the whole land.

Recital.

(1) As a rent-charge issues equally out of every part of the land chargeable with the payment of it, a release of any part will, by implication of law, unless otherwise declared between the parties, be an exoneration of the whole, Co. Lit. 148; 2 Roll. Ab. 414, which renders it necessary in practice, where a part only of lands chargeable with a rentcharge is sold, and by consent of the annuitant discharged from the payment, that great care should be taken to continue the charge upon the remainder, as in the proviso inserted post. p. 677; but a part of the rent-charge itself may be released without affecting the remaining part of it; see Co. Lit. 148, and ante, p. 643.

(2) Recite here the grant of the annuity, or rent-charge, as ante,

p. 630.

lutely release, exonerate, and for ever discharge, ALL, &c. (1) of and
from the payment of the said annuity or yearly rent-charge of
L so charged upon and declared to be issuing and payable out
of the same by the said hereinbefore in part recited indenture of the
day of
in common and conjunction with other lands
and hereditaments in the said indenture more particularly described,
and also of and from all powers of distress and entry upon and per-
ception of the rents and profits of the said lands and hereditaments,
and also all other powers and remedies, liens, claims, and demands
of him the said (grantee) in, to, or upon the same, for recovering or
compelling payment of the said annuity or yearly rent-charge of
L
under or by virtue of the said hereinbefore in part recited
indenture, or otherwise howsoever (2), To and for the end, intent,
and purpose that the said lands and hereditaments hereby released or
intended so to be, and the said lands and hereditaments only, may
be had, holden, and enjoyed by the said (grantor), his heirs and as-
signs, freed and absolutely discharged of and from the said annuity,
yearly rent-charge or annual sum of £
and of and from all
claims and demands of him the said (grantee), his executors, admi-
nistrators, or assigns, for or in respect thereof, under or by virtue of
the said hereinbefore in part recited indenture of the

day of

or otherwise howsoever. PROVIDED ALWAYS, and it is hereby declared and agreed by and between the said parties, and the said (grantor) doth hereby for himself, his heirs, executors, and administrators, expressly grant and declare, that the release hereby made of the several lands and hereditaments hereinbefore described, or any thing in these presents contained, shall not release, discharge, or exonerate, or be deemed, construed or taken to release, discharge, or exonerate other the lands and hereditaments so chargeable with

(1) Insert here an accurate description of the premises intended to be released from the payment of the annuity or rent-charge. (2) If the annuity were further secured by a warrant of attorney to enter up judgment, and which has been already entered up, say,

"And also of and from the judgment so entered up by virtue of the said warrant of attorney, as hereinbefore is mentioned, and also of and from all and every writ and writs of execution and executions which now have or hath been, or at any time and from time to time hereafter shall or may be sued or issued out, or executed upon or against the said premises, by virtue of the said judgment, or otherwise in relation thereto."

Parcels.

Judgment en

tered up.

RELEASE.

Rent-Charge (part of Premises).

FURTHER WITNESS. The trustee assigns the premises released.

A power of dis

tress over the

remaining land will however

operate as a new grant.

the payment of the said annuity, yearly rent-charge, or annual sum
of L as hereinbefore and in the said in part recited indenture
of the
day of
is mentioned, of or from the payment of
the same or any part thereof, but that all and every such residue or
last mentioned lands and hereditaments shall continue and be charged
and chargeable with, and subject and liable to the payment of the
said annuity, yearly rent-charge, or annual sum of L , and to
all and every the powers of distress and entry, and all other the
powers and remedies by the said hereinbefore in part recited in-
denture, given for securing the payment thereof; and the said
(grantor) doth hereby give and grant unto him the said (grantee),
his executors, administrators, and assigns, all and singular the same
powers (1) and remedies in, to, upon, and over the said residue of the
said lands and hereditaments, as by the said hereinbefore in part re-
cited indenture, were given or granted in, to, upon, or over the
whole of the said hereditaments and premises, and doth hereby de-
clare that the same shall be in full force and effect, to all intents and
purposes whatsoever, as if the hereditaments and premises hereby
agreed or intended to be exonerated and discharged therefrom, had
still continued chargeable therewith, or as if these presents had not
been made, anything hereinbefore contained or implied, or any rule
of law or equity to the contrary thereof, in anywise notwithstanding.
AND THIS INDENTURE FURTHER WITNESSETH, that in further pur-
suance of the said agreement, and for the considerations aforesaid,
[and also for and in consideration of five shillings of lawful current
money of England, to the said (trustee) in hand at the same time
paid by the said (grantor), the receipt whereof is hereby acknow-
ledged,] HE the said (trustee) at the request of the said (grantor)
and by the direction and appointment of the said (grantee) testified
by their severally being parties to, and signing and sealing these pre-
sents, HATH assigned, surrendered, and yielded up, and by these
presents DoTH assign, surrender, and yield up unto the said
(grantor) and his heirs, ALL and singular the messuages, or tene-
ments, lands, hereditaments, and premises hereinbefore particularly
described (being part and parcel of the messuages, lands, tenements,
and hereditaments comprised in the said hereinbefore in part recited

(1) Although a release of part of the land from the payment of a rent charge will be an exoneration of the whole, yet, if the grantor grant that the grantee shall distrain for the rent in the residue of the land, the whole rent-charge will be preserved; because such power of distress amounts to a new grant; Co. Lit. 147; 2 Roll. Ab. 236.

1

day of

indenture of the
and thereby demised unto
the said (trustee), his executors, administrators, and assigns, for the
term of
years, as hereinbefore is mentioned,) together with all
rights, members, and appurtenances to the said hereby assigned he-
reditaments and premises belonging or in anywise appertaining, and
all the estate, right, title, interest, term and terms of years now to
come and unexpired, trust, property, possession, claim and demand
whatsoever, both at law and in equity, of him the said (trustee) of,
in, to, and out of the same and every or any part thereof, under or
by virtue of the said in part recited indenture, or otherwise howso-
ever; so and in such manner, and to and for the intent and
that the residue and remainder of the said term of
the said messuages, lands, and hereditaments, hereby assigned or in-
tended so to be, may henceforth become merged and extinguished in
and consolidated with the fee-simple, reversion and inheritance of the
said hereditaments and premises, and be had, holden, and enjoyed by
the said (grantor) and his heirs, freed and discharged of and from
all and singular the trusts, declarations, and agreements in or by the
said indenture declared of or concerning the same. [Add a covenant
by the trustee that he has not incumbered] (1). IN WITNESS,
&c.

RELEASE.

Rent-Charge

(part of Premises).

To the intent that the term

purpose years, in therein may

merge as to

them.

(1) The form of this covenant will be similar to that given, ante, p. 675.