the said [lessee], her executors, administrators, and assigns, from the —— day of now last past, for and during and unto the full end and term of twenty-five years from thence next ensuing, and fully to be complete and ended, YIELDING AND PAYING therefore yearly and every year during the said term of twenty-five years, hereby granted unto the said [owner], his heirs and assigns, and unto the said [lunatic] and his assigns, during his life, or unto the said [committee] as committee as aforesaid, or unto the committee or committees of the estate of the said [lunatic] for the time being; and after his decease, unto the person or persons to whom the reversion, freehold, or inheritance of the said [lunatic's] undivided moiety of the said premises hereby demised shall for the time being belong, his and their heirs and assigns, the rent or sum of 801. of lawful money of Great Britain, in equal moieties, (that is to say), the sum of 404., being one moiety or half part of the said yearly rent or sum of 801., unto the said [owner], his heirs and assigns; and the sum of 401., being the other moiety or half part of the said yearly rent or sum of 801., unto the said [lunatic] or his assigns, or unto the said [committee] as committee as aforesaid, or unto the committee or committees of the estate of the said [lunatic] for the time being, and unto such person or persons as, after the decease of the said [lunatic] shall, for the time being, be entitled to his undivided moiety or half part of the said premises, by four equal quarterly payments on the days following, (that is to say), on &c. [in the usual form]. AND the said [lessee], for herself, her heirs, executors, administrators, and assigns, doth covenant, promise, and agree, to and with the said [owner], his heirs and assigns, and the said [lunatic], and also to and with the said [committee], the present committee of the estate of the said [lunatic], and also to and with the committee or committees of the estate of the said [lunatic] for the time being, severally and respectively; and also to and with the several person or persons to whom the reversion, freehold, or inheritance of the undivided moiety of the said [lunatic] of and in the said premises, shall, for the time being, belong, and his and their heirs, executors, administrators, and assigns, by these presents, in manner following, (that is to say), [Covenant for payment of rent and the other usual covenants in a lease of a house, and a clause of re-entry on nonpayment of the rent, and breach of covenants]. AND the said [owner], for himself, his heirs, executors, and administrators, and so far as relates to his aforesaid moiety of the said demised premises, doth covenant, promise, and agree with the said [lessee], her executors, administrators, and assigns. And the said [committee] (y), so far only as he is authorized by the aforesaid act of Parliament, but not further or otherwise, or on any account to bind (y) In some forms of leases settled by the Master, the committee is thus made to covenant in his own name; but, it is apprehended, that he, like a person acting under a power of attorney, can only be required to covenant in the name of his principal, the lunatic. See ante, pp. 759-764. See 5 East, 148; 5 Esp. 228; 1 Camp. N. P. C. 337; 1 Ry. & Mood. 229: 1 Moore, 270; 1 Mann. & Ryl. 614; 2 Taunt. 375; 3 Barn. & Ald. 47; Sugd. V. & P. p. 47, 8th ed. or oblige the said [committee], or his heirs, executors, or administrators personally, or his or their estates and effects, doth hereby, for and on the behalf of the said [lunatic], agree with the said [lessee], her executors, &c. [the usual covenant for enjoyment during the term without interruption], of, from, or by the said [owner], his heirs and assigns, or the said [lunatic] and his assigns, or the committee or committees for the time being of his estate, or of or by any other person or persons lawfully claiming or to claim, by, from, or under him, them, or any or either of them. IN WITNESS &c. (~). CONVEYANCES. Conveyance of a Lunatic's Estate, sold by the Order of the Lord Chancellor, under the Stat. 11 Geo. 4 & 1 Wm. 4, c. 65, s. 28 (a). THIS INDENTURE, made &c., between [lunatic], a lunatic, of the first part; and, (committees of the estate of the said [lunatic]), of the second part; and [purchaser], of the third part: WHEREAS [Such recitals as are necessary to shew the lunatic's interest should, according to circumstances, be inserted as in any other case]. AND WHEREAS [Recitals of the commission of lunacy, and the appointment of committees, see ante, p. 757]. AND WHEREAS, by another order made by the said Lord Chan cellor in the said matter, upon the petition of the said [committees], bearing date the - day of――, it was ordered to referred &c. [The reference as to sale, see ante, pp. 727, 728]. AND WHEREAS the said Master, by his report, bearing date the day of made in pursuance of the said last-mentioned order, certified, (amongst other things), that it was necessary and proper, and for the benefit of the said lunatic and his estate, that the several farms, lands, and premises therein mentioned, including the messuage and land hereinafter described, and intended to be hereby granted and released, should be sold, and that he had accordingly, as directed by the said last-mentioned order, inserted an advertisement in the London Gazette, and in several public newspapers, for the sale of the said estates before him. AND WHEREAS, by another order made by the said Lord Chancellor in the said matter, upon the petition of the [committees], and bearing date the day ofthe said last-mentioned report was confirmed, and it was ordered that &c. [The order for sale is recited, see ante, p. 730]. AND WHEREAS, in pursuance of the said last-mentioned order and advertisements, the estates therein mentioned, including the mes (z) See ante, p. 760. (a) See ante, pp. 362, 366-368, 512, 727-735. suage and land hereinafter described, and intended to be hereby granted and released, were put up for sale before the said (Master), at the public sale room of the High Court of Chancery, situate in Southampton-buildings, Chancery-lane, London, on Thursday, the day of, at two o'clock in the afternoon, in lots, according to certain printed particulars of sale, with certain conditions thereunto annexed, then and there produced, when several persons attended the said sale, and bid for the said premises; and the said [purchaser] having attended such sale, and bid the sum of £ for the premises comprised in Lot, and no other person having bid more for the same, the said [purchaser] was allowed to be the highest bidder for, and purchaser of the premises comprised in the same Lot ——, (which includes the messuage and land hereinafter described, and intended to be hereby granted and released), at or for the price or sum of £--. AND WHEREAS the said Master, by his report, bearing date the day of —, certified (amongst other things), that he had allowed the said [purchaser] to be the purchaser of Lot —, mentioned in the said particulars and conditions of sale, at the sum of £——, and that he had, in the schedule annexed to his report, set forth the particulars of such Lot, (a true and correct copy whereof is hereupon indorsed). AND WHEREAS, by another order, made by the said Lord Chancellor in the said matter, upon the petition of the said [committees], and bearing date &c., the said last-mentioned report was confirmed. AND WHEREAS, by another order made by the said Lord Chancellor in the said matter, upon the petition of the said [purchaser], and bearing date the day of, it was ordered that the said [purchaser] should be at liberty to pay into the Bank, with the pri vity of the Accountant-General of the Court of Chancery, in trust in the said matter, to an account to be intituled, "The Produce of the Sale of the Real Estate," the sum of £, being the amount of the consideration or purchase-money for the premises comprised in Lot, in the said petition mentioned, together with interest thereon, at and after the rate of 51. per cent. per annum, from the day of ——, —— --, up to the time of payment of the said sum of £, the amount thereof to be verified by affidavit. And it was thereby further ordered, that the said sum of £——, and interest, when so paid into the Bank, should be laid out in the purchase of 31. per cent. Consolidated Annuities, in the name and with the privity of the Accountant-General, in trust in the said matter, to an account to be intituled, "The Produce of the Real Estate;" and the said Accountant-General was to declare the trust thereof accordingly, subject to further order; and it was thereby further ordered, that the said Bank Annuities, when so purchased, should not be transferred or otherwise disposed of without notice to the said [purchaser], or Messrs. —, his solicitors; and it was thereby further ordered, that upon the said [purchaser] paying his said purchase money and interest into the Bank as aforesaid, that he should be let into possession of the premises comprised in the said lot, No. Conveyances. day of AND and into the receipt of the rents and profits thereof from the day of and thereupon it was further ordered, that the said [committees], the committees of the estate of the said lunatic, should forthwith execute in the place of the said lunatic, and join and concur with all other necessary parties in executing a proper conveyance and assurance of all the estate, right, title, and interest of the said lunatic, of, in, and to the premises comprised in the said lot, No. ——, unto the said [purchaser], his heirs and assigns, or as he or they should direct or appoint, pursuant to the statute in such case made and provided, such last-mentioned conveyance to be the Master to whom this matter settled and approved of by stands referred, in case the parties differed about the same. WHEREAS, in pursuance of the said last-mentioned order, the said pay into the Bank [purchaser] did on the of England, with the privity of the Accountant-General of the said Court of Chancery, in trust in the said matter, to an account to be intitled, "The Produce of the Sale of the Real Estate," the sum of -, with £ being the amount of the said purchase money of £interest for the same after the rate aforesaid, up to the time of such payment, as appears by the receipt of one of the Cashiers of the said Bank, and the certificate of the said Accountant-General annexed thereto, and therewith filed in the office of the Registrar of the same court, true and correct copies whereof are hereupon indorsed. [When the conveyance is settled by the Master, recite his approval of it ; see ante, p. 758]. NOW THIS INDENTURE WITNESSETH, that by virtue of an act of Parliament, made and passed in the first year of the reign of his present Majesty King William the Fourth, intituled 'An act &c. [title of act, ante, p. 502], and in pursuance and performance of the said hereinbefore in part recited orand for and der [the order to convey], of the of lawful money of Great in consideration of the sum of £Britain, well and truly paid by the said [purchaser] into the Bank of England, in the name and with the privity of the said AccountantGeneral, to the credit of the said matter as aforesaid, the payment of which said sum in manner and by the authority aforesaid, and that the same is in full for the absolute purchase of the fee simple in possession, free from incumbrances, of the said messuage and land hereinafter described and intended to be hereby granted and released, they the said [committees] do, and each of them doth hereby admit and acknowledge, and of and from the same sum of £-—, and every part thereof, the said [lunatic], acting by his said committees as aforesaid, and also the said [committees] do, and each and every of them doth acquit, release, and discharge the said [purchaser], his heirs, executors, administrators, and assigns, and every of them for ever by these presents, He the said [lunatic], (acting by his said committees), hath granted, bargained, sold, aliened, released, ratified, and confirmed, and by these presents doth grant, &c., unto the said [purchaser], (in his actual possession, &c.), and his heirs, all that, &c. [parcels-general words]; And all the estate, &c. of the DDD . day of said [lunatic]: [Habendum to the purchaser in fee]. And the said [lunatic], (acting by his said committees as aforesaid), doth hereby for himself, &c. [Usual covenants for title, as in other cases]. IN WITNESS, &c. (b). RECONVEYANCE. Reconveyance of Lands vested in a Mortgagee of unsound Mind, not found such by Inquisition, in pursuance of an Order of the Lord Chancellor under the statute 11 Geo. 4 & 1 Will. 4, c. 60, s. 5 (c). and days of ——, THIS INDENTURE, made &c., between [lunatic mortgagee], of the first part; [person appointed by the Lord Chancellor's order], of the second part; and [mortgagor], of the third part. WHEREAS, by indentures of lease and release, bearing date respectively on or about the and made or expressed to be made between the said [mortgagor] of the one part, and the said [lunatic mortgagee] of the other part, for the considerations in the said indenture of release expressed, All [parcels] were duly conveyed and assured by the said [mortgagor] unto and to the use of the said [lunatic mortgagee], his heirs and assigns, for ever, subject to a proviso in the said indenture of release contained, for redemption of the same premises, on payment by the said [mortgagor], his heirs, executors, administrators, or assigns, unto the said [lunatic mortgagee], his executors, administrators, or assigns, of the sum of £,with interest for the same, after the rate, at the time and in manner therein mentioned and appointed for payment of the same respectively. AND WHEREAS the said [lunatic mortgagee] has lately become of unsound mind, and in consequence thereof is totally incapable of managing his own affairs, or of executing with effect any deed or other legal instrument, but has not been found such by inquisition. [In cases where the party has been found lunatic by inquisition, instead of the last recital, the commission of lunacy and the appointment of committees should be recited, see ante, p. 757]. AND WHEREAS the said [mortgagor] is desirous of paying off and discharging the principal money and interest due and owing to the said [lunatic mortgagee] upon the said recited security as aforesaid, upon having a reconveyance of the said mortgaged premises duly made and executed by him. AND WHEREAS, by an order made in the matter of the said [lunatic mortgagee], a person of unsound mind, though not found such by inquisition, by the Lord High Chancellor (b) See ante, pp. 759, 760. (c) See ante, pp. 382, 383, 519. |