purchaser to observe covenants, said C. D., his executors, administrators, or assigns, do and execute all such acts and assurances for further or better assuring the said premises unto the said C. D., his executors, administrators, and assigns, for the then residue of the said term, subject as and in manner aforesaid, as by the said C. D., his executors, administrators, or assigns, Covenants by shall be reasonably required. AND THe said C. pay rent and D., doth hereby for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors and administrators, that he the said C. D., his executors, administrators, or assigns, will henceforth pay the said yearly rent of £ by the said lease reserved, and observe and perform all the covenants and conditions therein contained, and by the lessee, his executors, administrators, or assigns, henceforth to be observed or performed, and will keep the said A. B., his heirs, executors, and administrators, indemnified against all actions, suits, expenses, and claims on account of the nonpayment of the said rent, or any part thereof, or the breach, or non-observance, or non-performance of the said covenants and conditions, or any of them (a). IN WITNESS &c. and indemnify vendor in respect thereof. (a) Every vendor of a lease is entitled to this covenant. (See 3 Martin's Conveyancing, 86). XIII. CONVEYANCE of FREEHOLDS, and Cove- PURCHASER. THIS INDENTURE, made &c., BETWEEN A. B., Parties. of &c. [vendor], a widower (a), of the one part, and of freeholds. C. D., of &c. [purchaser], a bachelor (b), of the other part, WITNESSETH, that, in consideration of Witnesseth. the sum of £ to the said A. B. this day paid Conveyance by the said C. D., for the purchase of the hereditaments intended to be hereby granted, (the receipt whereof the said A. B. doth hereby acknowledge), he the said A. B. doth hereby grant unto the said C. D., his heirs and assigns, ALL THOSE and hereditaments situate in the parish of in the county of delineated in the plan in the margin of these presents, and therein coloured and specified in the first part of the schedule hereunder written (c), [general words, supra, (a) See supra, p. 107, n. (a). (b) See supra, p. 96, n. (a). (c) If, as is often the case, the freeholds and copyholds cannot be distinguished, the freehold parcels may run thus: "ALL SUCH PARTS of the ments situate in the parish of and heredita in the county Parcels. Declaration to bar dower. Witnesseth secondly. Covenant to surrender copyholds. Habendum. p. 97], TO HOLD the said premises unto the said C. D., his heirs and assigns, TO THE USE of the said C. D., his heirs and assigns. AND IT IS HEREBY DECLARED, that no widow of the said C. D. shall be entitled to dower out of the said premises. AND THIS INDENTURE ALSO WITNESSETH, that, in consideration of the sum of £ — to the said A. B. this day paid by the said C. D., for the purchase of the hereditaments hereinafter covenanted to be surrendered, (the receipt whereof the said A. B. doth hereby acknowledge), he the said A. B. doth hereby, for himself, his heirs, executors, and administrators, COVENANT with the said C. D. and his heirs, that he the said A. B., or his heirs, and all other necessary parties, (if any), will, at or before the next court held for the manor of Parcels. -, in the county of, well and effectually surrender into the hands of the lord of the said manor, according to the custom thereof, ALL THOSE and hereditaments, situate in the parish aforesaid, delineated in the plan aforesaid, and therein coloured "" and specified in the second part of the said schedule hereunder written, (all which said and hereditaments are in the court-rolls of these presents, and specified in the schedule here- and the said manor described as follows (a); (that is to say), [description from the rolls-general words, the purchaser. supra, p. 97, without the estate clause]), TO THE To the use of USE of the said C. D., his heirs and assigns, according to the custom of the said manor, and by and under the accustomed rents, fines, heriots, suits, and services. AND IT IS HEREBY DE- Declaration CLARED, that the aforesaid freehold and copyhold is apportioned hereditaments were contracted to be sold by the said A. B. to the said C. D. at the sum of £ (the aggregate of the aforesaid sums of £ and that the price for the pur poses of the Stamp Acts. £ as an entire price for the whole, and that the aforesaid division and apportionment thereof are made only for the purposes of the act imposing an ad-valorem stamp duty upon conveyances upon sales. AND THE SAID A. B. doth hereby, for him- Covenants by vendor self, his heirs, executors, and administrators, cove- for right to nant with the said C. D., his heirs and assigns, that, from incumnotwithstanding anything by the said A. B. or any of his ancestors done, or knowingly suffered, he the and here (a) When the freeholds and copyholds cannot be distinguished, the copyhold parcels may run thus :ALL SUCH PARTS of the said ditaments delineated in the plan aforesaid, and specified in the schedule aforesaid, as are of copyhold tenure, (all which parts, so far as the same are known, are distinguished in the said plan by the colour and are indicated in the said schedule, and in the court-rolls of the said manor are described as follows; (that is to say)," convey free brances; assurance. said A. B. now hath power to grant the said premises hereinbefore expressed to be hereby granted, and to surrender the said premises hereinbefore covenanted to be surrendered to the use of the said C. D., his heirs and assigns, in manner aforesaid, free -for further from incumbrances (a); AND THAT he the said A. B. and his heirs, and all other persons lawfully or equitably claiming through or in trust for him or any of his ancestors, will, at all times, at the cost of the said C. D., his heirs or assigns, do and execute all such acts and assurances for further or better assuring all or any of the said premises respectively to the use of the said C. D., his heirs and assigns, as by him or them shall be reasonably required. IN WITNESS &c. THE SCHEDULE to which the above-written INDENTURE refers. Part I. Part. II. (a) See supra, p. 97, n. (b). |