XIV. CONVEYANCE of FREEHOLDS and LEASEHOLDS to a PURCHASER. sale. THIS INDENTURE, made &c., BETWEEN A. Parties. B., of &c. [vendor], who has been married since the 1st day of January, 1834 (a), of the one part, and C. D., of &c. [purchaser], a bachelor (b), of the other part, [recital of the lease, and of its being vested in the vendor, supra, p. 121]. AND WHERE- Contract for As the said A. B. has contracted with the said C. D. for the sale to him, at the price of £ of the hereditaments intended to be hereby granted, and the inheritance thereof, in fee-simple in possession, free from incumbrances, and also of the said leasehold premises for the residue of the said term, and subject to the rent, covenants, and conditions aforesaid, but free from all other incumbrances. NOW THIS INDENTURE WITNESSETH, that, in Witnesseth. pursuance of the said contract, and in consideration of the sum of £- to the said A. B. this day paid by the said C. D., (the receipt whereof the said A. B. doth hereby acknowledge), he the Conveyance said A. B. doth hereby grant unto the said C. D., his heirs and assigns, [freehold parcels, and general words, supra, p. 96, with the addition of the refer (a) See supra, p. 107, n. (a). (b) See supra, p. 96, n. (a). of freeholds secondly. Assignment of leaseholds. here ence to a distinguishing colour on the plan, see suHabendum. pra, p. 125], TO HOLD the said premises UNTO the said C. D., his heirs and assigns, TO THE USE of Witnesseth the said C. D., his heirs and assigns. AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said contract, and for the consideration aforesaid, he the said A. B. doth hereby assign unto the said C. D., his executors, administrators, and assigns, ALL THAT the said ditaments, and premises by the said indenture of the day of [the lease] expressed to be demised (a), and which are delineated in the said plan in the margin of these presents, and therein coloured with their rights, easements, and appurtenances, AND ALL the estate and interest of the said A. B. in the said premises, and every Habendum. part thereof, TO HOLD the said premises UNTO the said C. D., his executors, administrators, and assigns, for the residue of the said term of years, at the rent and subject to the covenants and conditions in the said lease reserved and contained, and henceforth by the lessee, his executors, administrators, and assigns, to be paid, observed, Covenants by and performed. AND THE SAID A. B. doth rents and co- hereby, for himself, his heirs, executors, and administrators, COVENANT with the said C. D., his heirs, executors, administrators, and assigns respectively, that all and singular the rents, covenants, and conditions in the said lease reserved vendor, that venants have been paid and performed; (a) See supra, p. 122, n. (b). and contained, and by the lessee, his executors, administrators, and assigns, to be paid, observed, convey free brances; assurance. or performed, have been paid, observed, and performed up to the date of these presents; AND THAT, —for right to notwithstanding anything by the said A. B. or any from incumof his ancestors done, or knowingly suffered, he the said A. B. now hath power to grant the said premises herein before expressed to be hereby granted to the use of the said C. D., his heirs and assigns, in manner aforesaid, free from incumbrances, and to assign the said premises hereinbefore expressed to be assigned unto the said C. D., his executors, administrators, and assigns, for the term, and subject as and in manner aforesaid, free from incumbrances; AND THAT he the said A. B., his heirs, for further executors, and administrators, 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, executors, administrators, or assigns, do and execute all such acts and assurances for further or better assuring all or any of the said premises hereinbefore expressed to be hereby granted to the use of the said C. D., his heirs and assigns, and all or any of the said premises hereinbefore expressed to be assigned unto the said C. D., his executors, administrators, and assigns, for the then residue of the said term of years, subject as and in manner aforesaid, as by the said C. D., his heirs, executors, administrators, and assigns, respectively, shall be reasonably required. [Cove nants by purchaser to pay rent, and observe covenants, and indemnify vendor in respect thereof, supra, p. 124.] IN WITNESS &c. THE SCHEDULE to which the above-written INDENTURE refers. XV. CONVEYANCE of FREEHOLDS and LEASE- THIS INDENTURE, made &c., Between A.B., (a) See supra, p. 107, n. (a). (b) See supra, p. 96, n. (a). heriots, suits, and services, and of the said leasehold premises for the residue of the aforesaid terms, and subject to the rent, covenants, and conditions aforesaid, but free from all other incumbrances. AND WHEREAS, for the purposes of of apporthe act imposing an ad-valorem stamp duty on purchaseconveyances on sales, £ as the price of the said hereditaments, and £copyhold hereditaments (a). tionment of money for the has been apportioned Stamp Act. freehold and leasehold as the price of the said Now THIS INDEN- Witnesseth. TURE WITNESSETH, that, in pursuance of the said contract, and in consideration of the sum of £ Considera tion. of freehold. [the whole purchase-money] to the said A. B. this day paid by the said C. D., (the receipt whereof Receipt. the said A. B. doth hereby acknowledge), he the Conveyance said A. B. doth hereby grant unto the said C. D., his heirs and assigns, [freehold parcels, and general words, supra, p. 125], TO HOLD the said pre- Habendum. mises UNTO the said C. D., his heirs and assigns, TO THE USE of the said C. D., his heirs and assigns. AND THIS INDENTURE ALSO WITNESSETH, Witnesseth. that, in further pursuance of the said contract, and Covenant to for the consideration aforesaid, he the said A. B. copyholds doth hereby, for himself, his heirs, executors, and (a) It will be seen, that in this Precedent the apportionment for the purposes of the stamp duty is managed differently from the apportionment in Precedent XIII., supra, p. 127. If the purchase-money is to be paid to more than one hand, as to a mortgagor and his mortgagee, or by more than one hand, as by a purchaser and his mortgagee, it is inconvenient to do more than state the apportionment in a recital; nor is more required. surrender |