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Duchy of Cornwall Management Act 1863

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SCHEDULE to which this Act refers.U.K.

Form of Conveyance on Sale in consideration of a gross Sum of Money.U.K.

Know all Men by these Presents, That we [here insert the Titles of the Possessor for the Time being of the Duchy of Cornwall] under the Authority of “The Duchy of Cornwall Management Act 1863,” in consideration of the Sum of by A.B. of, &c., paid into the Bank of England to the Account of the Duchy of Cornwall, do by these Presents grant unto and his Heirs [or Successors, as the Case may be,] all [here describe either in Detail or by Reference the Property sold], together with [insert here the general Words applicable to the particular Description of Property, and in the Case of any Exception or Reservation out of the Grant, add, excepting, nevertheless, and reserving unto the Personage for the Time being entitled to the Duchy of Cornwall [here insert the Particulars of the Mines, Minerals, or other Matter or Thing intended to be excepted or reserved, with appropriate Rights and Powers]], to have and to hold the Premises hereby granted, or expressed so to be, unto the said and his Heirs [or Successors, as the Case may be; and here state the Uses, Trusts, or Purposes of the Conveyance as the Case may require; and if the Sale is to be subject to any Restriction or Condition state, but subject to the Condition that, here insert the Particulars of the Restriction or Condition; and if the Sale is of a Rent, annual Sum, Right, or Charge which is intended to be extinguished, in the Place of the Habendum, insert, to the Intent that the said, here insert the Particulars of the Rent, annual Sum, Right, or Charge, shall cease and be extinguished, and the said, describe shortly the Premises which the Rent, annual Sum, Right, or Charge is charged upon or extends over, be absolutely freed and for ever discharged from the same.] In witness whereof we have caused the Seal of the Duchy of Cornwall to be duly affixed and set hereto the Day of in the Year of our Lord

The foregoing Form may be used for the Purpose of a free Grant, such Alteration being made therein as the Circumstances of the Case may require.

Form of Grant for a limited Period in consideration of a gross Sum of Money.U.K.

Know all Men by these Presents that we [insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as in the previous Form of Conveyance] under the Authority of “The Duchy of Cornwall Management Act 1863,” in consideration of the Sum of by A.B. of, &c., paid into the Bank of England to the Account of the Duchy of Cornwall, do by these Presents grant unto all [here describe either in Detail or by Reference the Property to be granted], together with [insert here the general Words applicable to the particular Description of Property, and add any Exception or Reservation to which the Grant is intended to be subject, as directed in the previous Form of Conveyance], to hold the Premises hereby granted, or expressed so to be, unto , his Executors, Administrators, and Assigns [or Successors and Assigns, as the Case may be,] for the Term of Years from the Day of One thousand eight hundred and [here state any Trusts or Purposes, and any Restriction or Condition as directed in the previous Form of Conveyance, and add any Covenants which the Circumstances of the Case may require]. In witness whereof we have caused the Seal of the Duchy of Cornwall to be duly affixed and set hereto this Day of in the Year of our Lord

Form of Conveyance on Sale in consideration of an annual Sum of Money.U.K.

To all to whom these Presents shall come, &c. [insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as before directed]. Now these Presents witness that [here insert the short descriptive Title of such Possessor] under the Authority of “The Duchy of Cornwall Management Act 1863,” in consideration of the annual Sum of to be paid as herein-after mentioned, doth hereby grant unto and his Heirs [or Successors, as the Case may be,] all [here describe either in Detail or by Reference the Property sold], together with [insert here the general Words applicable to the particular Description of Property, and add any Exception or Reservation out of the Grant, as previously directed], to hold the Premises hereby granted, or expressed so to be, unto the said , his Heirs and Assigns, [or Successors and Assigns, as the Case may be], to the Use, Intent, and Purpose that the Personage for the Time being entitled to the Duchy of Cornwall may receive and take a clear annual Sum of to be chargeable upon, and yearly issuing and payable out of the Premises hereby granted, or expressed so to be, and to be paid into the Hands of the Receiver General for the Time being of the Duchy of Cornwall or his Deputy, by equal half-yearly Payments, without any Deduction in respect of Land Tax or other Taxes, Rates, Charges, and Impositions whatsoever, except Property or Income Tax, on the Day of and the Day of in every Year, the first of such half-yearly Payments to be made on the Day of and subject thereto, to the Use [here state the Uses, Trusts, or Purposes of the Conveyance, and add any Restriction or Condition as the Case may require]. And the said , for himself, his Heirs, Executors, Administrators, and Assigns, [or Successors and Assigns, as the Case may be,] doth hereby covenant with [insert the short descriptive Title as before], his Heirs, Successors, and Assigns, that he, the said , his Heirs, Executors, Administrators, and Assigns, [or Successors and Assigns, as the Case may be,] will henceforth pay the said annual Sum of at the Times and in manner herein-before appointed for Payment thereof, without any Deduction whatsoever, except as aforesaid. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been duly affixed and set, and the said hath affixed his Seal and subscribed his Name.

Form of Grant for a limited Period in consideration of an annual Sum of Money.U.K.

To all to whom, &c. [as in the previous Form, inserting the Titles of the Possessor for the Time being of the Duchy of Cornwall, as previously directed]. Now these Presents witness that [here insert the short descriptive Title of such Possessor], under the Authority of “The Duchy of Cornwall Management Act, 1863,” in consideration of the Rent and Covenants herein-after reserved and contained, doth hereby grant unto all [here describe the Property, adding the general Words applicable thereto and any Exception or Reservation as previously directed], to hold the Premises hereby granted unto the said his Executors, Administrators, and Assigns, [or Successors and Assigns, as the Case may be,] for the Term of Years from the Day of , yielding and paying therefor during the said Term unto the Personage for the Time being entitled to the Revenues of the Duchy of Cornwall the clear annual Sum of free from all Deductions whatsoever, the same to be paid into the Hands of the Receiver General for the Time being of the Duchy of Cornwall or his Deputy in equal Sums half-yearly on the Day of and the Day of in every Year, the first of such a half-yearly Payments to be made on the Day of next [insert the Particulars of any Restriction or Condition, and add a Covenant for Payment, as directed in the previous Form, with such Alteration and such other Covenants as the Circumstances of the Case may require]. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been duly affixed and set, and the hath affixed his Seal and subscribed his Name.

Form of Enfranchisement in consideration of a gross Sum of Money.U.K.

Know all Men by these Presents that we [insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as previously directed] under the Authority of “The Duchy of Cornwall Management Act 1863,” in consideration of the Sum of by A.B. of, &c., paid into the Bank of England to the Account of the Duchy of Cornwall, do by these Presents grant and enfranchise unto all [here describe either in Detail or by Reference the Premises to be enfranchised, including any Rights of Common, &c. intended to be comprised in the Grant], and all Heriots, Quit Rents, Duties, Suits, and Service of Court, and all other Customs and Services due and payable for or in respect of the same Premises, or any of them, together with [insert the general Words applicable to the particular Description of Property, excepting and reserving nevertheless unto the Personage for the Time being entitled to the Duchy of Cornwall, here insert the Particulars of the Mines and Minerals or other Matter or Thing intended to be reserved, with appropriate Rights and Powers], to hold the Premises hereby granted, or expressed so to be, unto the said and his Heirs, in free and common Socage freed and absolutely discharged from the Copyhold [or Customary] Tenure thereof, and of and from all Rents, Fines, Payments, Heriots, Suits, Customs, and Services incident thereto, or by Custom, Prescription, or otherwise howsoever to be paid, rendered, or performed to the Personage for the Time being entitled to the Duchy of Cornwall for or in respect of the same [if the Enfranchisement is to be subject to any Restriction or Condition add, but subject to the Condition that, here insert the Particulars of the Restriction or Condition, and so subject], to the Use of the said his Heirs and Assigns, for ever [or to any other Use to which the Grant is intended to enure]. In witness whereof we have caused the Seal of the Duchy of Cornwall to be duly affixed and set hereto this Day of in the Year of our Lord

Memorandum of Acknowledgment to be endorsed on any Deed of Conveyance, Grant, or Enfranchisement in consideration of a gross Sum of Money.U.K.

I hereby acknowledge that the Sum of in the within-written Deed mentioned to have been paid into the Bank of England was so paid to the Credit of the Account of the Duchy of Cornwall on the Day of 18 .

As witness my Hand,

E.F.

Auditor of the Duchy of Cornwall.

Form of Enfranchisement in consideration of an annual Sum of Money.U.K.

To all to whom these Presents shall come [inserting the Titles of the Possessor for the Time being of the Duchy of Cornwall, as previously directed] sends greeting: Now these Presents witness that [here insert the short descriptive Title of such Possessor], under the Authority of “The Duchy of Cornwall Management Act 1863,” in consideration of the annual Sum of to be paid as herein-after mentioned, doth by these Presents grant and enfranchise unto and his Heirs all [here describe the Premises, adding the Words and all Heriots, &c., with the necessary general Words stating any Exception or Reservation], to hold the Premises hereby granted, or expressed so to be, unto the said and his Heirs, in free and common Socage, freed and absolutely discharged from the Copyhold [or Customary] Tenure thereof, and of and from all Rents, Fines, Payments, Heriots, Suits, Customs, and Services incident thereto, or by Custom, Prescription, or otherwise howsoever, to be paid, rendered, or performed to the Personage for the Time being entitled to the Duchy of Cornwall for or in respect of the same Tenure, to the Use, Intent, and Purpose, &c. [complete the Reservation as in the Form of Conveyance on Sale in consideration of an annual Sum of Money, and state as directed in that Form the Particulars of any Restriction or Condition to which the Enfranchisement is to be subject], and, subject thereto, to the Use of the said his Heirs or Assigns for ever [or to any other Use, as directed in the previous Form of Enfranchisement, adding a Covenant for Payment, as in the previous Form of Conveyance on Sale in consideration of an annual Sum of Money]. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been duly affixed and set, and the said hath affixed his Seal and subscribed his Name, the Day of in the Year of our Lord

Form of Conveyance of any Land or Property on a Purchase by the Duke of Cornwall.U.K.

Know all Men by these Presents that I, A.B. of, &c., in consideration of the Sum of paid to me [or into the Bank of England with the Privity of the Accountant General of the Court of Chancery, as the Case may be], under the Provisions of “The Duchy of Cornwall Management Act, 1863,” do by these Presents, by virtue of the said Act, grant and convey unto [here insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as previously directed], his Heirs and Successors, all [here describe either by Reference or in Detail the Property purchased], together with [insert general Words applicable to the particular Description of Property], to hold the Premises hereby granted, or expressed so to be, unto [here insert the short descriptive Title of such Possessor], his Heirs and Successors for ever, as Parcel of the Possessions of the Duchy of Cornwall, [or if the Purchase is of a Rent Right of Common or other Incorporeal Hereditament, or Right intended to be extinguished in the Place of the Habendum, insert to the Intent that the said, here insert the Particulars of the Subject Matter, shall cease and be extinguished, and the said describe shortly the Premises which the same is charged upon or extends over, be absolutely freed and for ever discharged from the same, here insert any qualifying Words which the Circumstances of the Case may require, and Covenants for Title or other Covenants.] In witness whereof, I, the said A.B., have hereunto set my Hand and Seal this Day of in the Year of our Lord

Form of Receipt for Purchase Money where not paid into Court to be endorsed.U.K.

Received on the Day of the Date of the within-written Deed the Sum of , being the Consideration Money therein expressed to be paid to me,

A.B.

Witness, C.D.

Form of Grant of Annuity on the Surrender of an outstanding Estate to be charged upon the Premises surrendered.

This Indenture, made the Day of between A.B. of, &c. of the one Part, and [insert the Titles of the Possessor for the Time being of the Duchy of Cornwall as previously directed] of the other Part: Whereas [here insert such Recitals as may be requisite to show the Particulars of the Property proposed to be surrendered, and the Circumstances of the Tenure]: Now this Indenture witnesseth that, in consideration of the Annuity or yearly Rentcharge or Sum of intended to be hereby secured, and upon the Acceptance of [inserting the short descriptive Title of such Possessor], testified by the Seal of the Duchy of Cornwall being hereto affixed, the said A.B. doth by these Presents surrender and yield up unto [inserting the short descriptive Title as before] all and singular [here describe either by Reference or in Detail the Premises to be surrendered or granted], and all the Estate, Right, Title, Interest, Benefit, Property, Claim, and Demand whatsoever of him the said A.B. in, to, out of, or upon the same Premises, and every Part thereof, to the End and Intent that [describe shortly the Nature of the Estate or Interest to be surrendered] may merge in the Reversion, Freehold, and Inheritance of the Premises, and be thereby extinguished [here insert the necessary Covenants for Title]; and this Indenture further witnesseth, and in consideration of the Premises [here insert the short descriptive Title as before], pursuant to the Provision in this Behalf contained in “The Duchy of Cornwall Management Act 1863,” doth hereby give and grant unto the said A.B. One Annuity or clear yearly Rentcharge or Sum of of lawful Money of the United Kingdom, to be payable and paid for and during [here state the Period for which the Annuity is intended to be granted] and to be charged and chargeable upon and yearly issuing and payable out of the [ here describe by Reference or in Detail the Premises intended to be charged with the Annuity], to have, hold, receive, and take the said Annuity or yearly Rentcharge or Sum of unto the said A.B. and his Assigns for and during [state shortly the Period of Duration of the Annuity], to be paid and payable at the common Dining Hall of the Middle Temple in the City of London by Two equal half-yearly Payments, (that is to say,) on the Day of and the Day of in every Year, without any Deduction or Abatement in respect of Land Tax or any other Taxes, Charges, Assessments, or Impositions whatsoever (except the Property or Income Tax), the first half-yearly Payment of the said Annuity or yearly Rentcharge or Sum of to be made on the Day of 18 [and if the Annuity is granted for any Period depending on Life add, if the said shall be then living. And if the said Annuity or yearly Rentcharge shall determine before the said Day of or subsequently on any Day other than One of the said half-yearly Days of Payment, a proportionate Part thereof to be paid for the Period which shall have elapsed of the then current Half Year, and add a Covenant for Proof from Time to Time of the Existence of the Life on which the Annuity depends]. In witness whereof to these Presents the Seal of the Duchy of Cornwall hath been affixed and set, and the said A.B. hath affixed his Seal and subscribed his Name.

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