Form of deeds of conveyance, &c.

of the honour or manor whereof they are parcel, in free and common foccage, freed and difcharged from all fines, heriots, reliefs, quit rents, ond other customary dues and payments, fuits and fervices, whatsoever; and that the deeds for conveying and affuring the fame fhall be made in the following form of words, or as nearly thereto as may be; (that is to say,)

G

EORGE the third, by the grace of God, of Great Britain, France, and Ireland, King, defender of the faith, and fo forth; To all to whom thefe our prefent letters fhall come, greeting: know ye, that we, in confideration of the fum of

The aforefaid grants, &c.

of the duchy,

law.

of
lawful money of Great Britain, paid into the hands of our receiver-
general of the revenues of our duchy of Lancafter, by A. B. one of
our copyhold or customary tenants of the
[as the cafe may
be,] as appears by the receipt of our faid receiver-general, indorfed
on these prefents, and by and with the advice and confent of our chan-
cellor and council of our faid duchy, do hereby release and confirm unto
the faid A. B. and his heirs, for ever, all that
the premises;] To have and to hold the premises hereby released,
[defcribing
with their appurtenances, unto and to the use of the faid A. B. and his
heirs, for ever, to be holden of the honour or manor of which the fame
is or are parcel, in free and common foccage, freed and difcharged of
and from all and all manner of fines, heriots, reliefs, quit rents, and
other dues and payments, fuits, fervices, and cuftoms whatsoever, to
which the fame, or any part thereof, are now subject, and to be and
continue as freehold lands; [and in cafe there be any fubfifting leafe
of the faid fines, heriots, reliefs, quit rents, dues, payments, or
customs, words to the following effect are to be added] subject
nevertheless to the payment of the ufual and accustomed fines, heriots,
reliefs, quit rents, and other dues, [or as the cafe may be,] during
the term and intereft now outstanding by virtue of a leafe thereof,
granted under the feal of the Said duchy, bearing date on or about
[expreffing the date,] unto C. D. for a term

the cafe may be,] which will expire on
time when the subsisting lease will expire.]

[as [expreffing the In witness, &c.

VII. And be it further enacted, That the faid several and respective grants, conveyances, and affurances, in the respective under the feal forms aforefaid, under the feal of the faid duchy, fhall be good, to be valid in fufficient, valid, and effectual in the law, for granting and affuring the said rents unto the feveral purchasers thereof, and their heirs for ever, and alfo for conveying and affuring the faid meffuages, lands, tenements, and hereditaments, therein refpectively to be comprised, enfranchised, and discharged, unto and to the use of the several and refpective perfons therein to be named, and their heirs for ever; any thing contained in the faid recited act of the first year of Queen Anne to the contrary thereof notwithstanding; and that the inrollment of the faid grants, conveyances, and affurances, in the court of duchy chamber of Lancafter, fhall be of the fame force and validity as inrollments of bargains and fales in any of the four courts at Westminster. i

VIII. Provided

&c. as are

now under

VIII. Provided always, That where any leafe of any of the Provifo relataforefaid rents, fines, heriots, reliefs, or other cuftomary dues or ing to fuch payments, hath been granted under the feal of the faid duchy rents, fines, for any term now fubfifting, that then, and in every such case, the said grants, conveyances, and affurances, so far as the fame leafe. relate to or concern any of the hereditaments comprised in such lease, fhall commence and take effect only upon or from the expiration or determination of such leafe refpectively; and that fuch an abatement shall be made in the purchase-money for the hereditaments fo in lease, as shall be agreed upon between the faid chancellor and council, and the refpective purchasers or perfons therein respectively named; and that the perfon or perfons entitled to the benefit of fuch lease, shall and may have and take all fuch remedies in the law, for recovering and enforcing the payment of the feveral and refpective rents, fines, heriots, reliefs, and other customary dues and payments, during the continuance of fuch leafe, as he, fhe, or they would, could, or might have had or taken in case this act had not been made; any thing herein contained to the contrary notwithstanding.

&c. may pur

IX. And whereas it may be convenient to perfons who are feifed of Tenants for copyhold lands and eftates, (being within and parcel of the bonours, lite of copymanors, or lordships, of the faid duchy of Lancafter,) as tenants for hold lands, life only, to have the fame enfranchised, be it therefore enacted by chafe entranthe authority aforefaid, That it shall and may be lawful for all chilement such tenants for life, who are or fhall be feised of any fuch thereof; copyhold lands and estates as aforefaid, and they are hereby authorised and impowered to contract and agree with the faid chancellor and council for the enfranchisement, and for the purchase of timber thereon for discharging the faid copyhold lands and eftates from the payment of all cuftomary fines, fines of ingrefs, and other fines, heriots, reliefs, quit rents, and other dues and payments, to which, by the refpective cuftoms of fuch honours, manors, or lordships, the fame are now, or would hereafter otherwise be subject and liable to, and to pay to the said chancellor and council fuch price or confideration as fhall be agreed on for the fame and after any fuch meffuages, lands, tenements, or and charge hereditaments, shall be fo enfranchised and discharged from fuch with the paythe premises fines, rents, dues, and payments, as aforefaid, it thall and may ment of the be lawful for the respective owners and proprietors thereof, being said purchase tenants for life as aforefaid, to charge fuch copyhold lands and money. eftates with the payment of the money to be paid for the enfranchisement thereof, and for discharging the fame from fuch fines, rents, dues, and payments, as aforefaid; and for fecuring the repayment of fuch money, with intereft, by deed or deeds, writing or writings, under their respective hands and feals, to be duly executed by them, and attested by two or more credible witneffes, to grant, mortgage, lease, or demife, or otherwise fubject the lands and eftates fo charged as aforefaid, unto such person or perfons as thall advance and lend the fame refpectively, for any term or number of years, fo as fuch grant, mortgage, leafe, or demife, be made with a provifo or condition to

1

ceafe

Grants, &c. where the

confideration shall not ex

ceed fol. not fubject to stamp duty.

to entails, fettlements,

&c.

cease and be void, or with an exprefs truft to be furrendered, when the money thereby to be fecured, with the interreft thereof, fhall be fully paid and fatisfied; and alfo with a covenant, that such respective tenants for life fhall pay and keep down the intereft of the money to be thereby refpectively secured during their respective lives, in fuch manner that no perfon afterwards coming into poffeffion of any fuch lands and estates, shall be fubject or liable to pay any further or larger arrear of interest than for one year preceding the time when the title to fuch poffeffion fhall accrue and commence; and every such grant, mortgage, leafe, or demise, so to be made as aforefaid, fhall be good, valid, and effectual in the law, for the purposes thereby intended, notwithstanding any fettlement, will, truft, use, remainder, limitation, or other incumbrance, of and concerning the same lands and estates, or any part or parts thereof, then in being or capable of taking effect.

X. And be it further enacted, That where the money to be paid as the confideration for any fuch grant, conveyance, or asfurance, and fhall not exceed the fum of ten pounds, fuch grants, conveyances, and affurances, under the feal of the faid duchy, fhall be fubject to no ftamp-duty for the fame; and where the confideration money to be paid fhall exceed ten pounds, that the faid grants, conveyances, and affurances, fhall be fubject only to fuch ftamp-duty as is or are, or hereafter may be by law requifite for any deeds, whereby lands, tenements, or hereditaments, are conveyed.

Enfranchised XI. Provided always, and be it enacted, That all and fingupremises to lar the premises to be enfranchised and discharged as aforefaid, remain fubject under and by virtue of this act, fhall, from and after the conveyance and affurance thereof respectively, remain, enure, continue, and be subject and liable to all fuch entails, wills, fettlements, mortgages, leafes, judgements, ufes, trufts, limitations, remainders, reverfions, and all other incumbrances, as the fame premises now are, or at the time of the making fuch conveyances and affurances thereof fhall or may be fubject and liable to, in as large and ample manner and form as if this act had not been made; any thing herein contained to the contrary thereof in any wife notwithstanding.

Grants to be made at the expence of

the grantees.

Officers fees.

XII. And be it further enacted, That the grants and affurances to be made under the feal aforesaid by virtue of this act, fhall be fued forth and inrolled in manner herein-before directed, at the expence of the refpective grantees therein to be named; and that the feveral fees hereafter mentioned, and no more, shall be charged for the fame by the officers of the faid duchy;

(that is to fay)

1

For

And for every additional rent contained in the fame •}°

grant

O IO O

For affurances for the enfranchisement of copyhold or
customary tenements.

이

the}

Total for every thirty words in excels, where the 030 defcriptions of the parcels exceed fixty words

For grants of

rents:

For enfran chisement.

XIII. And

Monies to

XIII. And be it further enacted, That all the monies to arife arife by fale by fale of the faid rents, or by the enfranchisement and difof rents, or by enfrancharging of any copyhold or customary messuages, lands, tenechifement, to ments, or hereditaments, under and by virtue of this act, fhall be paid to the be paid into the hands of the receiver-general of the revenues. receiver-gene- of the duchy of Lancaster for the time being, and his fucceffors;

ral;

and laid out in the purchase of stock, in the name of the duchy of Lancalter.

1

Claufe for en

timber.

and that the purchafers fhall not be liable to fee to the application thereof, but that the receipts and acquittances of the faid receiver-general for the faid monies, fhall be a full difcharge to the purchasers for the fame; and the faid monies fhall from time to time, as the fame fhall be paid in and received, be laid out, by the order of the faid chancellor and council, in the purchase of three per centum bank confolidated annuities, or in any of the publick funds, transferrable at the bank of England, in the name of the duchy of Lancaster; in which name the governor and company of the bank of England are hereby authorised and required to permit transfers to be made of the faid annuities, funds, or stock, fo purchased, and fuch transfers to be accepted by the receiver-general of the revenues of the faid duchy for the time being, who is hereby required to accept the fame accordingly; and that all and every the annuities, fund, or stock, to be so purchased and accepted, fhall remain invested in the name of the duchy of Lancaster, and fhall not be transferred, or transferrable, without the authority of parliament; but all the intereft of the faid annuities, funds, and ftock, fhall be from time to time paid, by the faid governor and company of the bank of England, unto the receiver-general of the faid duchy for the time being, and his fucceffors, (whofe receipts fhall be a fufficient difcharge for the fame,) as parcel of the revenues of the said duchy, and shall be charged upon, and be answered and accounted for by him to the King's majefty, his heirs and fucceffors, accordingly, fubject to all fuch charges, incumbrances, and outgoings, if any fuch there be (taxes only excepted,) as the faid rents now are, or would have been chargeable with or subject unto in cafe this act had not been made.

XIV. And whereas divers lands and tenements, parcel of the faid couraging the duchy of Lancaster, are held by fundry perfons, by virtue of grants growth of from the crown under the feal of the faid duchy, in fee-farm, in some of which grants all timber and other trees to arife and grow in the lands thereby granted, are excepted and referved to the crown: And whereas divers other lands, parcel of the faid duchy, are held by leafes granted under the feal thereof for terms of life or years, wherein all timber and other trees are alfo excepted and referved to the crown: And whereas fundry parts of the faid lands fo held in fee-farm or by leafe, would, if planted for the production of wood and timber, produce a greater profit than in a course of husbandry; and if the refpective fee-farmers and leffees thereof were to be benefited by raising and planting trees for timber and other purposes thereon, they might be encouraged fo to do, to the great utility of the publick; be it therefore enacted, That it thall and may be lawful to and for the said chancellor and council to contract with the owners of lands,

held