charges, and incumbrances, disturbance, or account whatsoever, to be made or given by or to any person or persons whomsoever. AND he the said (bargainor,) for himself, his executors and administrators, doth hereby promise, declare, and agree to and with the said (bargainee,) his executors and administrators, that he the said (bargainor) doth and shall and will for ever hereafter warrant and defend the said furniture, fixtures, plant, and all and singular other the goods, chattels, and effects, matters and things aforesaid, unto the said (bargainee,) his executors, administrators, and assigns, against all and all manner of persons whomsoever. IN WITNESS, &c.

The schedule, &c.

CHAP. III.

OF A GRANT.

A DEED of grant is taken for the conveyance or gift by writing of any incorporeal hereditaments, such as rents, reversions, services, advowsons in gross, or such like things, which lie in grant only, and whereof livery cannot be given. Shep. Pr. 38. Co. Lit. 172.

But taken more largely, it signifies a deed whereby any thing is granted or passed from one to another: and in this sense it doth comprehend feoffments, bargains and sales, gifts, leases, charges, and the like. Shep. Touch. 228.

And the operative words therein commonly used are, dedi et concessi," have given and granted." 2 Bl. Com. 317. Shep.

Pr. 28.

Grants are subject to the same rules of construction as are mentioned in Chap. I. on the exposition of deeds in general.

Formerly the attornment of the immediate tenants in possession was necessary to the perfection of some conveyances and grants of things, that lie in grant and not in livery. Shep. Touch. 253.

But now by 4 Anne, c. 16. § 9. all grants or conveyances by fine or otherwise, of any manors or rents, or of reversions or remainders, shall be effectual without the attornment of any of the tenants.

THE OPERATIVE WORDS IN DEEDS OF GRANT.

1. IN THE GRANT AND CONVEYANCE OF AN AD

VOWSON.]—HE the said (vendor) HATH granted, bargained, sold, aliened, and released*, AND by these presents DOTH grant, bargain, sell, alien, release, and confirm unto the said (purchaser,) in his actual possession, &c., and his heirs, ALL that, &c.

2. IN A GRANT AND CONVEYANCE OF THE NEXT RIGHT OF PRESENTATION. HE the said (vendor) HATH granted, bargained, sold, and assigned, AND by these presents DOTH grant, bargain, sell, assign, and confirm unto the said (purchaser,) his executors, administrators, and assigns, all that, &c.

3. IN A CONVEYANCE OF TITHES, A RENT CHARGE OR COMMON IN GROSS.]-HATH granted, bargained, and sold, AND by these presents DOTH grant, bargain, sell, and confirm unto the said (purchaser) and his heirs, ALL,

&c.

4. A GRANT OF THE REVERSION IN FEE OF AN ANNUITY OR RENT CHARGE. THIS INDENTURE made, &c. BETWEEN the (grantor) of, &c. of the one part, and the (grantee) of, &c., of the other part, WHEREAS in Easter Term which was in the -year of the reign of our late sovereign lady the Queen Elizabeth, a fine with proclamations was levied by (A B) and M his wife unto (C D) and his heirs, of the manor of -, with the appurtenances, and of twenty messuages, &c., with their appurtenances in and also the rectory of and the advowson of the vicarage of aforesaid, in the county of and by the same fine the said (C D) did grant to the said (A B) and M his wife, and the heirs of the said (A B,) one annuity or yearly rent charge of £- issuing out of the said manor and tenements, with the appurtenances, payable half yearly, on the 24th day of June and on the 25th day of December, at the west door of the cathedral church of Saint Paul's London, by equal portions, and with power for the said (A B) and M his wife, and the heirs of the said (A B) to distrain for the said annuity in default of payment thereof, or any part thereof, for the space of six weeks after either of the days mentioned for the payment thereof, as by the record of the said fine may appear: AND WHEREAS the said annuity or yearly rent charge of £ is subject and liable to a deduction of the yearly sum of £- due to the King's Majesty, his heirs and successors; and by a

decree of the Court of Exchequer at Westminster, the same is ordered to be detained thereout by the terre-tenant of the said premises; AND WHEREAS by indentures of lease and release, bearing date respectively the

of

- and

-days

the

which was in the year of our Lord release being of four parts, and made or expressed to be made between, &c.; the said annual rent charge of £(subject as aforesaid,) was limited in use to the (E F,) since deceased, for his life, and from and after his decease, to the use and behoof of the said (G H) for and during her natural life, with remainder to the said (grantor) and his heirs; AND WHEREAS the said (purchaser) hath contracted and agreed with the said (grantor) for the purchase of his reversionary estate and interest of and in the said annuity or yearly rentcharge, at and for the price or sum of £: Now THIS INDENTURE WITNESSETH, that for and in consideration of the sum of £ of lawful money of Great Britain to the said (grantor,) in hand well and truly paid by the (purchaser,) in full for the absolute purchase of the said yearly rent-charge, the receipt whereof he the said (grantor) doth hereby acknowledge, and of and from the same and every part thereof, doth acquit, release, and for ever discharge the said (purchaser,) his heirs, executors, and administrators, as well by these presents, &c. HE the said (grantor) HATH granted, bargained, sold, aliened, and confirmed, AND by these presents DOTH grant, bargain, sell, alien, and confirm unto the said (purchaser) and his heirs, ALL that the said annuity or yearly rent-charge of (subject and liable

, or any

to the deduction before mentioned,) and all pains and penalties to be forfeited, benefit and advantage of distress for nonpayment thereof, and all other benefit and advantage whatsoever belonging or in anywise appertaining thereunto; and also all such other rents as the said (grantor) hath issuing out of the said premises in the county of part thereof; and the reversion and reversions, remainder and remainders thereof, and of every part and parcel thereof, and all the estate, right, title, interest, use, trust, inheritance, benefit, property, claim, and demand whatsoever of him the said (grantor,) of, in, and to the said annuity or yearly rentcharge hereby granted, bargained, and sold, and every part thereof, together with all deeds, &c.: TO HAVE, HOLD, perceive, receive, take, and enjoy the said annuity or yearly rentcharge of - hereby granted, bargained, and sold, with the appurtenances, and all pains and penalties to be forfeited, benefit and advantage of distress for nonpayment

thereof, and all other remedies for recovering the same unto the said (purchaser) and his heirs; TO THE USE AND BEHOOF of the said (purchaser,) his heirs and assigns for ever, SUBJECT only to the deduction before mentioned, and to the life estate or interest of the said (GH) therein: AND the said (grantor) doth hereby, for himself, his heirs, executors, and administrators, covenant, promise, grant, and agree to and with the said (purchaser,) his heirs and assigns in manner following; that is to say, that he the said (grantor) now hath in himself good right, full power, and lawful and absolute authority to grant and convey the said annuity in inanner aforesaid, AND that it shall and may be lawful to and for the said (purchaser,) his heirs and assigns from time to time, and at all times from and after the decease of the said (GH), peaceably and quietly to have, hold, receive, and enjoy the said annuity or yearly rent-charge mentioned to be hereby granted and conveyed, without any lawful let, suit, hinderance, interruption or denial of or by the said (grantor,) his heirs or assigns, or any other person or persons whomsoever. AND THAT free and clear and freely and clearly acquitted, exonerated, and for ever discharged, or otherwise, by the said (grantor,) his heirs, executors, and administrators, well and sufficiently saved, kept harmless, and indemnified of, from, and against, all and all manner of former and other gifts, grants, bargains, sales, jointures, dowers, uses, entails, rents, arrears of rents, statutes, recognizances, judgments, titles, charges, and incumbrances whatsoever, had, made, done, committed, executed, or suffered by him the said (grantor) or any other person or persons whomsoever, (other than and EXCEPT the said annual sum of £ · payable thereout as a tenth due to the King's Majesty, his heirs and successors, and the life estate of the said G H therein). AND LASTLY, that he the said (grantor) and his heirs, and all and every other person and persons whomsoever, having or lawfully claiming or to claim any estate, right, title, or interest of, in, to, or out of the said annuity or yearly rent-charge mentioned to be hereby granted and conveyed, (save only and except as to or in respect of the said tenth payable thereout to the King's Majesty, his heirs and successors, and the said life estate or interest of the said G H therein, as aforesaid,) shall and will from time to time and at all times hereafter, at the request, costs, and charges in the law of the said (purchaser,) his beirs and assigns, make, do, acknowledge, levy, suffer and execute, or cause and procure to be made, done, acknowledged, levied, suffered, and

X