BOND OF INDEMNITY from a Vendor to a Vendee, against interruption of, and guaranteeing Right of Way.

KNOW ALL MEN by these presents, that I A. B. of &c. am held and firmly bound to C. D. of &c. &c.

WHEREAS by indentures of lease and release [or as the case may be,—here recite the conveyance in the usual way, but recite very fully that part where the right of way is conveyed or granted] AND WHEREAS since the contract for the sale and purchase of the said estate so conveyed to the said C. D. by the said hereinbefore recited indentures, the right of way thereby granted and conveyed as aforesaid has been disputed [or doubts have arisen as to the tille of the said A. B. to the said right of way, &c. so conveyed by him, &c.] and therefore it has been agreed that the said A. B. in order to confirm such right, shall give a bond of indemnity to the said C. D. against any interruption of, and guaranteeing such right of way, &c. as aforesaid: Now THEREFORE THE CONDITION of the abovewritten obligation is such, that if the above-named C. D. his heirs and assigns, and all other persons claiming under him or them by virtue of the said hereinbefore recited conveyance, shall and do from time to time and at all times for ever hereafter, peaceably and quietly have, hold, enjoy, and exercise the said right of way so granted and conveyed, by the same indentures as aforesaid, without any lawful interruption or molestation, let, or hindrance from any person or persons whomsoever; or in case of such interruption, molestation, let, or hindrance, then if the above bounden A. B. his heirs, executors, or administrators shall

and do from time to time, and at all times, pay to the said C. D. his heirs or assigns, or such other persons as aforesaid, all such costs, charges, and expenses as he or they shall pay, expend, or be put unto by reason of such interruption as aforesaid, and also shall and do well and sufficiently save harmless and keep indemnified him and them, and his and their goods and chattels, lands, and tenements, of, from, and against all losses, damages, and expenses which he or they may bear, sustain, or be put unto for or by reason or means of any obstruction of such right of way as aforesaid, or of prosecuting or defending actions or suits in consequence of such right of way being disputed or obstructed, or for or on account, or by reason or means of any matter, cause, or thing in anywise relating thereto; then the above-written obligation to be void, otherwise to be and remain in full force and virtue: PROVIDED ALWAYS, that nothing herein contained shall give or be construed to give or guarantee to the said C. D. his heirs or assigns, any exclusive right to the soil of the ground over which such right of way as aforesaid extends: PROVIDED ALSO, and it is hereby expressly understood by and between the said parties hereto, that notice shall be duly given by the said C. D. his heirs or assigns to the said A. B. his heirs, executors, or administrators, previous to any action or suit being commenced or prosecuted by him or them against any person or persons relative to such right of way, and that like notice shall be given of any action or suit commenced against the said C. D. his heirs or assigns, or such other persons as aforesaid, for exercising or in relation to such right of way.

BOND of Indemnity against Payment of Rent and Performance of Covenants reserved and contained in an Indenture of Lease previously assigned by the Obligee to the Obligor.

KNOW ALL MEN, &c.

WHEREAS by indenture of lease bearing date the day of of

in the year

and made between E. F.

Esq. of the one part,

in the county of and the above-named C. D. of the other part, HE the said E. F. for the considerations therein mentioned, did demise, lease, and to farm let unto the said C. D. his executors, administrators, and assigns, ALL that messuage or tenement, coach house, stables, and premises situate, lying, and being No. on the —- side of Street, in the parish of in the county of in the said indenture of lease more particularly described, together with the said indenture of lease itself; TO HOLD the same with the appurtenances unto the said C. D. his executors, administrators, and assigns, from the last for the term of years, at the yearly rent of £ payable quarterly in manner therein mentioned, and subject to the covenants, clauses, provisoes, restrictions, conditions, and agreements therein contained: AND WHEREAS by indenture of assignment bearing even date with the above-written obligation, and made between the said C. D. of the one part, and the above bounden A. B. of the other part, FOR the considerations therein mentioned,

day of

then

* If there is any thing in particular to be indemnified from, say-and particularly a covenant from the said C. D. to lay out (or to erect, &c. as the case may be.)

*

he the said C. D. hath bargained, sold, assigned, transferred, and set over unto the said A. B. his executors, administrators, and assigns, ALL that the said messuage or tenement, coach house, stables, and all and singular other the premises comprised in and demised by the said above in part recited indenture of lease; TO HOLD the same with the appurtenances unto the said A. B. his executors, administrators, and assigns, from thenceforth, for and during all the rest, residue, and remainder of the said term of years by the said indenture of lease granted, subject to the payment of the rent and the observance and performance of the covenants, clauses, provisoes, restrictions, conditions, and agreements in the same indenture of lease reserved and contained on the tenants, lessees, or assignees' part and behalf, to be paid, observed, performed, fulfilled, and kept; AND WHEREAS upon the treaty for the sale of the said lease and leasehold premises tothe above bounden A. B. it was agreed between the said C. D. and A. B. that the latter should give a bond of indemnity to the former against the payment of the rent and the observance and performance of all and every the covenants reserved and contained in the said lease, † and against all loss and costs which might be occasioned by the non-payment or breach thereof respectively; Now THEREFORE THE CONDITION of the above-written obligation is such, that if the above bounden A. B. his executors, administrators, and assigns, do and shall from henceforth well and truly pay, or cause to be paid, the said yearly rent or sum of £ reserved and made payable by the said above-recited indenture of lease as the same shall

* See note in page 203, which also applies here. + Ditto,

from time to time become due and payable; AND ALSO do and shall from time to time, and at all times hereafter during the continuance of the said term of years by the same indenture of lease granted, well and truly and in all things observe, perform, fulfil, and keep all and singular the covenants, clauses, provisoes, restrictions, conditions, and agreements in the said indenture of lease contained, and which from henceforth on the tenants, lessees, or assignees' part and behalf, are and ought to be observed, performed, fulfilled, and kept according to the tenor, true intent, and meaning of the same indenture of lease; AND ALSO if the above bounden A. E. his heirs, executors, administrators, or assigns, or any or either of them, do and shall from time to time and at all times hereafter, save harmless and keep indemnified him the said C. D. his heirs, executors, and administrators, and each and every of them, and their and each and every of their goods and chattels, lands and tenements, of, from, and against the payment of the said rent, and the observance and performance of the said covenants, clauses, provisoes, restrictions, conditions, and agreements, and of and from all loss, costs, charges, damages, and expenses which may be occasioned by the non-payment, non-observance, or non-performance of the same respectively, and of and from all actions, suits, distresses, claims, and demands which may be commenced, instituted, taken, or made for or on account of any such non-payment, non-observance, or non-performance as aforesaid, or for or on account of any matter or thing relating thereto; THEN the above-written obligation to be void, or else to be and remain in full force and virtue.