LIFE INTE REST IN Power of attorney. from time to time, and at all times hereafter, upon the request of the said C. D., his executors, administrators or assigns, make, do, and execute, or cause or procure to be made, done and executed, all and every such further and other lawful and reasonable acts, things and assurances in the law whatsoever, for the further, better, and more perfectly assigning and assuring of the said dividends, interest and annual produce of the said sum of £250, £3 per cent. Consolidated Bank Annuities, unto the said C. D., his executors, administrators and assigns, during the life of the said A. B., as he the said C. D., his executors, administrators or assigns, or his or their counsel in the law, shall reasonably devise, advise and require, so as she or they be not compelled or compellable to travel or go from the place of her or their abode for the doing thereof: AND FOR THE FURTHER, better and more effectual enabling him the said C. D., his executors, administrators and assigns, to enjoy, receive, take and recover the said dividends, interest and annual produce of the said sum of £250, £3 per cent. Consolidated Bank Annuities, hereby assigned, or expressed, and intended so to be, during the life of the said A. B., she, the said A. B. by these presents doth irrevocably make, constitute and appoint, and in her place and stead put the said C. D., his executors, administrators and assigns, the true and lawful attorney and attorneys of her the said A. B., her executors and administrators to ask, demand, sue for, recover and receive, of and from all and every the persons and person who are and ought to pay the same, the said dividends, interest and annual produce of the said sum of £250, £3 per cent. Consolidated Bank Annuities, hereby assigned, or expressed, and intended so to be, and upon nonpayment thereof to commence and prosecute any action or suit for the same, and upon payment, recovery, or receipt of the same, or any part thereof, to sign and give receipts, releases, or other discharges for the same, and also to do, execute and perform, any other act, deed or thing, for the recovering and receiving the said dividends, interest and annual produce of the said sum of £250, £3 per cent. Consolidated Bank Annuities, as fully and effectually, to all intents and purposes, as the said A. B. might or could do, or have done, in her own proper person, if these presents had not been made : REST IN STOCK. and lastly, she the said A. B. doth hereby covenant with LIFE INTEthe said C. D., his executors, administrators and assigns, that she the said A. B. will grant, confirm and allow, all and whatsoever he the said C. D., his executors, administrators or assigns, shall lawfully do, or cause to be done, in, about touching, or concerning the premises. IN WITNESS, &c. No. XXXVIII. WAY COM PANY. CONVEYANCE by a RAILWAY COMPANY to a SUB- BY A RAIL- THIS INDENTURE, made the TWEEN day of -, BE- Parties. Railway Company, [vendor], of the first part, Recital of agreement A. B., of &c. [mesne purchaser], of the second part, C. D., of &c. [sub-purchaser], of the third part, and E. F., of &c. [dower trustee], of the fourth part: WHEREAS the said Railway Company some time since agreed to sell unto the for sale. said A. B. the piece or parcel of land and hereditaments hereinafter described and intended to be hereby assured, and the freehold and inheritance thereof in fee simple in possession, free from all incumbrances, and also free from all land tax in respect thereof, in consideration of the sum of £600, and also in consideration of the said A. B. entering into a covenant with the said company to erect one messuage or dwelling house on the said piece or parcel of land and hereditaments, or some part thereof, within a given time: AND Agreement WHEREAS the said A. B. hath since contracted and agreed with the said C. D. for the sale to him of the said piece or parcel of land and hereditaments in consideration of the sum of £800, and also in consideration of his consenting to enter into such covenants with the said railway company as are hereinafter contained: NOW THIS INDENTURE WITNESSETH, Witnesseth. for subsale. WAY COM PANY. Considera pany. tion to mesne purchaser. by company BY A RAIL that in pursuance of the aforesaid agreement, and in consideration of the sum of £600 to the said Railway Company paid by the said C. D. on or immediately before tion to com- the execution of these presents, at the request and by the direction of the said A. B., testified by his being a party to and Considera- executing these presents [the receipt whereof, &c.], and also in consideration of the sum of £200 to the said A. B. at the same time paid by the said C. D. [the receipt whereof, &c.], THE SAID RAILWAY COMPANY, at the request and by the direction Conveyance of the said A. B., testified as aforesaid, doth by these presents GRANT AND CONVEY (a), and the said A. B., as to all and singular his estate and interest in the said hereditaments hereinafter described, and intended to be hereby assured, Dоти by these presents grant and release unto the said C. D. and his heirs, All, &c. [parcels, general words, and all the estate, to purchaser, &c.]: TO HAVE AND TO HOLD the said hereditaments and premises hereby granted and released, or otherwise assured or intended so to be (absolutely freed and discharged from all land tax in respect thereof), unto the said C. D. and his heirs to uses to bar [To uses to bar dower for the purchaser in fee, see supra, p. 86]. dower. AND THE SAID C. D. doth hereby for himself, his heirs, execu free from land-tax, Covenant by erect a house purchaser to tors and administrators, covenant with the said Railway on premises. Company, their successors and assigns, that he the said C. D., his heirs, executors, administrators or assigns, shall and will, within twelve calendar months from the date of these presents, at his or their own costs and charges, erect on some part of the said piece or parcel of land hereby assured, or intended so to be, and complete fit for habitation to the satisfaction of Mr. of, or any other surveyor or architect to be agreed on between the said company and the said C. D., his heirs, executors, administrators or assigns, one messuage or tenement, which shall command a rental of £45 per annum at least: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant and declare with and (a) By the Lands Clauses Consolidation Act, sect. 132, it is provided, that in conveyances of land by the promoters of the undertaking, the word "grant" shall operate as express covenants for title and for further assurance. WAY COM PANY. to the said C. D., his heirs, appointees and assigns, that the BY A RAILsaid A. B. hath not at any time or times heretofore made, done, committed or executed, or knowingly or willingly permitted or suffered, or been party or privy to any act, deed, matter or thing whatsoever, whereby or by reason or means whereof the said hereditaments and premises hereby assured, or intended so to be, or any of them, or any part or parts thereof, are, is, can, shall or may be in anywise impeached, charged, affected or incumbered in title, estate or otherwise howsoever. IN WITNESS, &c. (a). No. XXXIX. ASSIGNMENT of a Portion of LEASEHOLD PRE- AS IGN MENT OF PART OF LEASFROLDS WHERE RENT IS BETWEEN Parties. and assign A. B., of &c. [vendor], of the one part, and C. D., of &c. [purchaser], of the other part: [Recite lease to E. F. for seventy-eight Recite lease years at yearly rent of £12, setting out the parcels as in the lease, ment. -also assignment of lease by E. F. to A. B. for residue of term]: AND WHEREAS the said A. B. hath contracted and agreed with Agreement the said C. D. for the sale to him of the messuage or tenement for sale of erected and built upon the piece or parcel of ground demised mises comby the said hereinbefore recited indenture of lease, and also of lease. the gardens in front and rear thereof, which are respectively (a) The deed must be stamped with an ad valorem duty on the consideration paid by the sub-purchaser. part of pre prised in ASSIGN PART OF LEASEHOLDS APPOR TIONED. between purchaser as tionment of the rent tion. situate on the eastern side of the said piece or parcel of ground, MENT OF and more particularly described in the plan drawn in the margin of these presents, and of the appurtenances to the said premises, for the residue of the said term of seventy-eight years, at or for the price or sum of £ - AND WHEREAS upon the treaty for the said sale it was agreed that the said Agreement C. D., his executors, administrators and assigns, should pay vendor and the yearly rent of £6 in respect of the said messuage or teneto the appor- ment, gardens and premises, intended to be hereby assigned as his proportion of the said yearly rent of £12, and that the residue of the said yearly rent of £12 should be paid by the said A. B., his executors, administrators and assigns, in respect of the said demised premises not intended to be hereby assigned, and that the said parties respectively should enter Witnesseth. into the several covenants hereinafter contained: NOW THIS INDENTURE WITNESSETH, that in pursuance Considera- of the aforesaid agreement, and in consideration, &c. [the receipt, &c.], he the said A. B. doth by these presents assign, transfer, and set over, unto the said C. D., his executors, administrators and assigns, ALL [here set out the particular parcels which are agreed to be sold; general words, and all Assignment the estate, &c.] To HAVE AND TO HOLD the said messuage or part of pre- tenement, gardens and premises, hereinbefore assigned, or prised in expressed and intended so to be, unto the said C. D., his executors, administrators and assigns, for and during all the residue and remainder now to come and unexpired of the said to purchaser term of seventy-eight years, subject nevertheless to the payment of the yearly rent of £6 (being one moiety of the said rent of £12 by the said recited indenture of lease reserved) on or at the days and times, and in the manner on, at, and in which the whole rent reserved by the said indenture of lease is made payable, and subject to the covenants, conditions and provisions in the said indenture of lease contained, and which, so far only as the same respectively may relate to the messuage or tenement, gardens and premises hereby assigned, or expressed and intended so to be, are and ought to be observed Covenant by and performed: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his executors, administrators and assigns, in manner by vendor of mises com lease for residue of term at apportioned rent. vendor |