(DECLARATION OF TRUST.)

565

stance and request of another, purchased and taken a conveyance or assignment of any estate or property, for the use or benefit of such other person in his own name; and it is declaratory of the uses, intents, and purposes, for which the purchase was made.

A DECLARATION OF TRUST THAT THE PURCHASE OF A FREEHOLD ESTATE WAS IN TRUST ONLY AND FOR

THE USE OF ANOTHER PERSON.

TO ALL TO WHOм these presents shall come, I (the trustee) of, &c. Do hereby send greeting; WHEREAS the messuages, lands, tenements, and hereditaments, comprised in the within-written indenture, were purchased by me at the request and desire, and on the part and behalf of (real purchaser) of, &c. Now KNOW YE, That I the said (trustee) do acknowledge and declare by these presents, that the sum of £- — within mentioned to have been paid by me as the consideration of and for the purchase of the said hereditaments and premises comprised in the said within-written indenture, and thereby conveyed to me and my heirs as within mentioned, was the proper money of the said (real purchaser), and that the name of me the said (trustee) was made use of in the same within-written indenture, in trust only for him the said (real purchaser,) his heirs and assigns," and upon or for no other use, trust, intent, or purpose whatsoever; AND I the said (trustee) do hereby for myself and my heirs, wholly, absolutely, and utterly disclaim all estate, right, title, interest, claim, and demand whatsoever, both at law and in equity, in, to, upon, or respecting and concerning the same within mentioned messuages, lands, tenements, and hereditaments, so to me granted and released as therein mentioned, than to the use and in trust only for the said (real purchaser,) his heirs and assigns; AND I the said (trustee) do by these presents for myself, my heirs, executors, and administrators, covenant, promise, and declare, that I, they, or any and every of them, and all and every other person and persons whomsoever deriving any estate, right, title, or interest from, through, or under me, them, or any or either of them, shall and will, at all or any time or times hereafter, at the request, costs, charges, and expence of the said (real purchaser), his heirs or assigns, grant, release, convey, and assure the same messuages, lands, tenements, and hereditaments, and every of them, with their and every of their appurtenances, and all the said estate, right, title,

566

SHEPPARD'S PRECEDENT.

and interest of me the said (trustee,) my heirs or assigns aforesaid therein, unto and to the use of him the said (real purchaser,) his heirs and assigns for ever, or unto and to the use of, or for such other person or persons as he or they shall by any note in writing under his or their hand or respective hands, or otherwise, direct or appoint, and that free and clear, and absolutely and effectually discharged and exonerated of and from all liens, charges, and incumbrances whatsoever, by me the said (trustee,) or my heirs, or any other person or persons deriving title under me or them, made, created, occasioned, or knowingly suffered; AND that in the mean time, and until such grant, release, or conveyance shall be made, executed, and perfected, I the said (trustee,) and my heirs, and all and every such other person or persons as aforesaid, shall and will stand seised of and interested in all and singular the aforesaid hereditaments and premises, in trust only and for the sole use, behoof, and benefit of the said (real purchaser,) his heirs and assigns for ever.* IN WITNESS, &c.

ENFRANCHISEMENT, DEED OF.] Enfranchisement is "the changing of the TENURE from base to free," and it is effected by "the lord's conveying† to the tenant the freehold of the particular and specific premises which were held by copy; or by releasing to the tenant his seigniorial rights." 1 Watk. Cop. [362.] 556.

Immediately on the lands being enfranchised in fee, they become severed from the manor; and the tenure, therefore, being extinct as to the enfranchising lord, he cannot reserve to himself any services on such enfranchisement; if, therefore, any yearly or other payments be reserved by the enfranchisement, they may be good as rent, charges, or rentsock, or obligatory on the tenant in respect of his special covenants, but not as services or renders, since the tenure

*The above form, with some very slight alterations, may be applied to declarations of trust, and disclaimers of title, in respect of the purchase of leasehold or copyhold estates, so purchased in trust for another, and for declarations of trust in general as to other property. See the Index.

This may be by feoffment, or any other common law conveyance, though it is most usual to do so by bargain and sale enrolled.

and relationship of lord and tenant which subsisted between them, is by the enfranchisement utterly at an end. 1 Watk. Cop. [368.]

So also all customs which attached to the copyhold thus enfranchised, will by the enfranchisement cease, as if the custom be that" all copyholds within the manor" shall descend to the youngest son, for on the enfranchisement the premises are neither "copyhold" nor" within the manor." Ibid.

In like manner, all rights and privileges annexed to the copyholder's estate as such, must also be done away, as the estate by copy, to which they attached, has ceased to exist : thus, if a copyholder has common of pasture or estovers in right of his copyhold, and the copyhold be enfranchised, the common is gone, since the copyhold is gone, in the right of which it was claimed. Neither will such commonage pass by the word. "appurtenances" in the deed of enfranchisement: the right of commons (if intended) must be expressly conveyed as a new grant. Watk. Cop. [369.] 565-6.

But in Styant v. Staker, where the lord enfranchised a copyhold with all common thereunto belonging, the court held that though the common was in this case extinct in law, yet that it subsisted in equity, and it was decreed that the plaintiff should have the same right of common as belonged to the copyhold. 2 Vern. 250.

AN ENFRANCHISEMENT OF COPYHOLD PREMISES,
BY WAY OF BARGAIN AND SALE.

THIS INDENTURE, &C. BETWEEN A. B. of, &c. lord of the manor of C. in the county of D. of the one part, and E. F. of, &c. one of the copyhold or customary tenants of the said manor of the other part. WHEREAS the said A. B. is seised to him and his heirs of an estate of inheritance in fee-simple of and in the manor aforesaid, and the said E. F. is seised or possessed of the messuage hereinafter particularly described, of an estate of inheritance in feesimple, by copy of court-roll at the will of the lord, according to the custom of the said manor of C. (the said copy-,

hold messuage, &c. being within and parcel of the said manor; AND WHEREAS the said A. B. hath agreed with the said E. F. for the consideration hereinafter mentioned, to enfranchise the said messuage, &c. Now THEREFORE THIS INDENTURE WITNESSETH, that in pursuance of the said agreement, and in consideration of the sum of £- &c, the receipt, &c. HE the said A. B. HATH granted, bargained, sold, aliened, released, and enfranchised, AND by these presents DOTH grant, bargain, sell, alien, release, enfranchise, and confirm unto the said E. F. and his heirs, ALL that the said messuage, &c. together with all ways, waters, watercourses, commons, &c. and the reversion, &c. and all the estate, right, title, interest, freehold and inheritance, claim, and demand whatsoever, both at law and in equity, of him the said A. B. of, in, or to the said messuage, &c. TO HAVE AND TO HOLD the said messuage, &c. hereby granted, bargained, and sold to him the said E. F. his heirs and assigns, to the only proper use and behoof of him the said E. F. his heirs and assigns for ever, FREELY, clearly, and absolutely enfranchised, acquitted, and discharged by these presents, from henceforth for ever, of and from all, and all manner of yearly and other payments, rents, quit-rents, chief rents, customary or copyhold rents, fines, heriots, fealty, suit of court, and all other usual or customary or copyhold payments, duties, services, or customs whatsoever, which, by and according to the custom of the said manor of C. the messuage, &c. hereby granted, bargained, and sold, or any of them, is or are, or have or hath been, or ought otherwise to be subject or liable to, or charged with, or which otherwise ought to be paid, done or performed for or in respect of the same messuage, &c. or any of them, or any part thereof, as copyhold holden of, or as parcel of the said manor; PROVIDED ALWAYS, and it is the true intent and meaning of these presents, and of the parties hereunto, that these presents, or any clause, matter, or thing herein contained, shall not extend, or be deemed, taken, or construed to extend, to enfranchise, or make free, the remaining, or any other parts of the several copyhold lands or tenements, (not hereinbefore granted,) and now or late of him the said E. F. or to acquit or discharge the said remaining or other parts from any payments, rents, quit-rents, fines, heriots, fealty, suit of court, or any other payments, duties, customs, or services, which by or according to the custom of the aforesaid manor, the said respective copyhold lands or tenements, or any of them, have at any time heretofore been subject

(ENFRANCHISEMENT, DEED of.)

569

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 said respective lands, or as copyhold and parcel of the said manor; AND THIS INDENTURE FURTHER WITNESSETH that it being the intention of the parties hereto, that the said E. F. and his heirs shall for ever use and enjoy the same commonage in and upon all and every the wastes, commons, and commonable lands, of or belonging to the said A. B. as lord of the said manor of C. notwithstanding the enfranchisement of the said messuage, &c. as he the said E. F. heretofore hath been and now is entitled to by reason of the said copyhold premises intended to be hereby enfranchised; AND to the end and intent that such commonage may be the more effectually secured and conveyed to the said E. F. HE the said A. B. DOTH for the considerations aforesaid, and in performance of the said agreement, grant and confirm unto him the said E. F. and his heirs ALL COMMONAGE and right and title of common, of every nature and kind whatsoever, of, in, upon, to, or out of, all and every the wastes, commons, and commonable lands of or belonging to him the said A. B. as lord of the said manor of C. as aforesaid, whatsoever and wheresoever, and in as large and comprehensive manner, to all intents and purposes, as he the said E. F. could have granted, claimed, or demanded, or in any wise have been entitled to, as a copyhold or customary tenant, owner, or occupier of the said messuage, &c. if these presents had not been made: (then follow the usual covenants for the title.) IN WITNESS, &c.