Agreement for granting a future lease.

cept as hereinbefore excepted and reserved) interruption by the said A. B., his heirs or assigns. AND IT IS HEREBY AGREED AND DECLARED, that, if the said C. D., his executors, administrators, or assigns, shall, throughout the said term, perform and observe all the covenants and conditions hereinbefore contained, and shall, not less than

calendar months before the end of the said term, deliver to the said A. B., his heirs or assigns, an agreement in writing by three responsible persons, to join as co-lessees, and such persons shall be approved of by the said A. B., his heirs or assigns, then and in such case the said C. D., his executors, administrators, and assigns, together with such intended co-lessees, shall be entitled to a lease from the said A. B., his heirs or assigns, of the premises hereby demised, for a term not exceeding years from the date of these presents at the rents hereinbefore reserved, and under and subject to such covenants, conditions, and agreements, as to the said A. B., his heirs or assigns, shall seem reasonable, but so that the persons to whom such further lease shall be granted, shall pay all costs of such lease, and also (if required) of a survey and plan upon such scale as the said A. B., his heirs or assigns, shall require of the premises to be demised (a). IN WITNESS &c.

(a) This clause was framed for insertion in leases granted for short terms for the purpose of searching for minerals; it is, of course, not a necessary part of the precedent in the text.

Partition.

XXXII.

PARTITION.

title to one

moiety of the

THIS INDENTURE, made &c., BETWEEN A. Parties. B., of &c., of the first part; C. D. of &c., and E. D. his wife, of the second part; and F. G., of &c. [grantee to uses], of the third part. WHEREAS, by an indenture dated the day Recital of of -, and expressed to be made between undivided [parties], one undivided moiety of the heredita- property; ments intended to be hereby conveyed was limited to such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, and declarations, as the said A. B. should, by any deed or deeds, direct, limit, or appoint, and in default of, and until and subject to, such direction, limitation, or appointment, to the use of the said A. B., and his assigns, for his life, with remainder to the use of the said X. Y., and his heirs, during the life of the said A. B., in trust for him and his assigns, with remainder to the use of the said A. B., his heirs and assigns. AND WHEREAS the said C. D. of title to is seised of the other undivided moiety of the divided same hereditaments for an estate in fee simple in possession, free from incumbrances.

the other un

moiety;

AND of agree

tition.

ment for par- WHEREAS the said A. B. and C. D. have agreed to make partition of the said hereditaments in the shares and manner hereinafter appearing, and the said E. D. hath agreed to release her right of dower in the said undivided moiety of the said Witnesseth. C. D. in the said hereditaments. NOW THIS

INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the premises, he the said A. B. doth hereby direct, Appointment. limit, and appoint, that the said undivided moiety comprised in the said indenture of the day

Witnesseth.

of

of- of the said hereditaments shall henceforth go and remain to the uses hereinafter limited. AND THIS INDENTURE ALSO WITNESSETH, that, in further pursuance of the said agreement, and in consideration of the premises, he the said A. B., as to the undivided moiety comprised in the said indenture of the day of Conveyance, the said hereditaments, doth hereby grant and he the said C. D., as to his undivided moiety of the said hereditaments, doth hereby grant, and she the said E. D., as to the same undivided moiety, and with the concurrence of the said C. D., doth hereby release, unto the said F. G., and his heirs, ALL AND SINGULAR the and hereditaments situate in the parish of in the county of specified in the two schedules hereunder written, and delineated in the map drawn in the margin of these presents, and therein coloured and respectively

Parcels.

[general words, supra, p. 97, AND all the estate and interest of the said A. B., C. D., and E. D., re

of uses.

spectively, in the said premises, TO HOLD the said Habendum. premises UNTO the said F. G., and his heirs, To THE USES hereinafter limited. AND IT IS HERE- Declaration BY DECLARED, that the appointment and conveyance hereinbefore contained shall enure, AS TO the hereditaments comprised in the first schedule hereunder written, and in the said map coloured

convey free

brances;

with their appurtenances as aforesaid, To SUCH USES &c. [uses to bar dower in favour of A. B., supra, p. 99]; and AS To the hereditaments comprised in the second schedule hereunder written, and in the said map coloured —, with their appurtenances as aforesaid, To SUCH USES &c. [uses to bar dower in favour of C. D., ib.] AND EACH of them the said A. B. Covenants by both parties, and C. D., so far as relates to the one undivided for right to moiety to which he claims to be entitled as afore- from incumsaid of the said premises, doth hereby, for himself, his heirs, executors, and administrators, covenant with the said F. G., and his heirs, that, notwithstanding any act, deed, or thing by them the said A. B. and C. D respectively, or any of the ancestors of the said C. D., made or done, or knowingly suffered, they the said A. B., and the said C. D. and E. D., respectively, now have power to convey and assure the said premises to the uses and in manner aforesaid, free from incumbrances. AND that they the said A. B. and for further C. D. respectively, and their respective heirs, and all other persons lawfully or equitably claiming through or in trust for them respectively, or the

assurance.

ancestors of the said C. D. will, at all times, at the cost of the party requiring the same, do and execute all such acts and assurances, for further or better assuring all or any of the said premises to the uses hereinbefore declared of the same respectively, as by the said A. B. and C. D., respectively, or their respective heirs, appointees, or assigns, shall be reasonably required. In WITNESS, &c. (a).

THE FIRST SCHEDULE to which the abovewritten INDENTURE refers.

THE SECOND SCHEDULE to which the above-written INDENTURE refers.

Exchange.

Parties.

Recital of

XXXIII.

EXCHANGE.

THIS INDENTURE, made &c., BETWEEN A.B., of &c., a bachelor (b), of the one part, and C. D., of &c., and E. D., his wife, of the other part. WHEREAS the said A. B. is seised of the here

(a) This deed must be acknowledged by the married

woman.

(b) See supra, p. 107, n. (a).