No. CCLVIII. Bond for the Title and quiet Enjoyment (1) of Freehold. Variations where of Copyhold Premises. Where Leasehold. Where the surrender is by way of Mortgage. KNOW ALL MEN, &c. (2). WHEREAS the above bounden (obligor) hath contracted with the said (obligee) for the sale of certain (if copyholds add) lands and hereditaments, situated at holden of the manor of L for the sum of , and on the day of the date of the above written obligation, hath surrendered the said hereditaments into the hands of the lord of the manor, according to the custom of the said manor, to the use and behoof of him the said (obligee), his heirs and assigns for ever, [or if leaseholds, executors, administrators and assigns,] [to be holden at the will of the lord, according to the custom of the said manor] free from incumbrances, except only the customary rents and services incident thereto (3) as by the said indenture [or surrender] BONDS. Title, &c. (copyholds). (1) A bond of this kind may be given instead of the usual covenants When bond in the deed of conveyance, in order that the suspicion of the supposed proper. defect may not appear upon the face of the title, and that whether the premises be freehold or leasehold; and if they be copyhold it may be used instead of the usual covenants for the title when the surrender has been made previously to or at the time of the completion of the purchase, and the expense of a deed of covenants is wished to be avoided. (2) See form of obligation, ante, p. 77. (3) If the surrender was by way of mortgage, add, "Subject nevertheless to a proviso or condition for making void the same upon payment by the said (obligor) to the said (obligee) of the sum of L therein mentioned." with interest, at the time and in the manner Obligation. Mortgage. BONDS. Title, &c. (copyholds). reference being had thereto will more fully appear. AND WHEREAS, upon the treaty for the said purchase, it was agreed that the said (obligor) should enter into a bond or obligation in writing for the title and quiet enjoyment of the said (obligee), in the manner hereinCONDITION. after expressed. Now THE CONDITION of the above written obligation is such, that if the said (obligor) [(1) for or notwithstanding any act, deed, matter, or thing whatsoever, at any time made, done, executed, occasioned, suffered, or omitted by him, or any of his ancestors to the contrary,] is and was at the time of the said surrender and of the sealing and delivery of the above written obligation lawfully, rightly, and absolutely seised in his own right, and to his own use, of all and singular the messuages, lands, tenements, hereditaments, and premises hereinbefore mentioned to be surrendered, as of, in, or for a good, perfect, clear, absolute, and indefeasible estate of inheritance in fee simple, in possession, and in severalty, [if copyhold add, at the will of the lord, according to the custom of the said manor of ] without any manner of trust, condition, power of revocation, or of limiting any new or other use or uses or any other qualification, restriction, matter, or thing whatsoever, expressed or implied, which can or may determine, abridge, qualify, alter, charge, encumber, or prejudicially affect the same estate in any manner howsoever (the land tax and sewers rate, if any, [and the customary rents and services payable, or to be performed for or in respect of the same premises] only excepted), and had full power and lawful and absolute right and title to release, convey, or assign, or surrender and assure the same hereditaments and premises to the use and behoof of the said (purchaser), his heirs, or executors, administrators, and assigns, in the manner aforesaid, and according to the true intent and meaning of the said in part recited indenture or surrender. AND if the said (obligee), his heirs, or executors, administrators, and assigns, shall or lawfully may [be admitted unto, and] at all times thereafter hold, possess, and enjoy all and singular the said hereditaments and premises, with their and every of their respective rights, privileges, appendages, and appurtenances, and receive and Mortgage, &c. Leaseholds. (1) Where the bond is given as an indemnity against any supposed latent defect arising far back in the title, the words within brackets should be omitted; so also if the bond be given to a mortgagee, or the premises be copyhold. Where the premises are leasehold, make the covenants to correspond with the usual form of leasehold covenants, as, ante, MOD. PREC. Vol. III. third edit. retain the rents, issues, profits, and proceeds, which shall arise or be payable for or in respect of the same, from and after the day of now last past, for his and their own use and benefit, without any manner of hindrance, interruption, disturbance, claim, or demand whatsoever, by or from the said (obligor), or his heirs, or any person or persons now or hereafter having or rightfully claiming any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or concerning the same premises, or any part thereof, [from, through, under, or in trust for him or them, or any of the ancestors of the said (obligor)] and that free and clear, and clearly and absolutely discharged and exonerated or, otherwise by and at the expense of the said (obligor), his heirs, executors, or administrators, effectually defended, protected, and indemnified, of, from, and against all former and other surrenders, gifts, grants, mortgages, estates, rights, titles, interests, charges, and incumbrances whatsoever, [(1) which at any time or times heretofore have been, or which at any time hereafter shall or may be made, created, occasioned, or suffered by the said (obligor) or any of his ancestors, or any other person or persons, now or hereafter rightfully claiming, or having title to claim from, through, under, or in trust for him, them, or any of them, or by or through his, their, or any of their procurement or privity (except as aforesaid)]. AND MOREOVER if he the said (obligor) and his heirs, and all and every other persons or person, now or at any time hereafter rightfully claiming, or having title to claim any estate, right, title, charge, or interest, at law or in equity, in, to, out of, upon, or respecting the said hereditaments and premises, or any part thereof, from, through, under, or in trust for him, them, or any or either of them, or any of the ancestors of the said (obligor), and shall and do, from time to time, and at all times hereafter, upon every reasonable request, and at the costs and expense of the said (obligee), his heirs or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected, with all convenient and proper despatch, all and every such further and other lawful and reasonable acts, deeds, conveyances, surrenders, admittances, assurances, matters and things in the law whatsoever, by, or [whether become necessary or expedient by reason of any act, omission, or default of him the said (obligor) or his ancestors, or of the steward, or homage, or lord or lords of the said manor,] for the further and bet BONDS. Title, &c. (copyholds). (1) See supra, p. 222. n. (1). BONDS. Title, &c. (copyholds). ter or more satisfactorily [surrendering,] conveying, confirming, and assuring the same hereditaments and premises, or any part thereof, with their and every of their respective rights, privileges, members, appendages, and appurtenances, unto and to the use of him the said (obligee) and his heirs, to be holden [according to the tenor and true intent and meaning of the said surrender] as he the said (obligee), his heirs or assigns, or his or their counsel in the law (being of the degree of a barrister), shall lawfully and reasonably require or advise, [(1) so that such further assurance or assurances, or any of them, do not contain, nor imply any further or other warranty or covenant, than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults; and so that the person or persons who shall be required to make or execute any such assurance or assurances, be not obliged for the making or executing the same, to go out of or further than the manor or manors whereof the hereditaments so to be further assured are or shall be holden, without a reasonable and sufficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses.] (2) THEN, &c. or else, &c. Mortgage. Mortgage. (1) If the surrender be by way of mortgage, the part of this covenant which is bracketed is usually omitted, as indeed it may in every other case, the saving which it contains being no other than what is prescribed by the rules of law and of practice. (2) If the surrender was by way of mortgage, the proviso for redemption may be added, “And also if the said (mortgagors) or either of them, their or either of their heirs, executors, and administrators, shall and do well and truly pay or cause to be paid unto the said (mortgagee) or his executors, administrators, or assigns, the said sum of L and interest as aforesaid, on such day and time as in the aforesaid surrender is expressed, limited, or appointed for payment thereof, according to the true intent and meaning of the proviso or condition in the same surrender contained or mentioned." No. CCLIX. Bond for Quiet Enjoyment (1) from a Vendor to a Purchaser where doubts subsist respecting the Title. BONDS. Title, &c. KNOW ALL MEN, &c. (2). WHEREAS the said (obligor) hath con- for the sum of L the and made between, &c. (3) wherefore the said (obligor) hath agreed to enter into the above written obligation for indemnifying the said (obligee) against all claims, damages and costs which may be made or incurred in respect of any such outstanding estate or interest, with such condition for making void the same as hereinafter is expressed. Now CONDITION. THE CONDITION of the above written obligation is such, that if and when the above bounden (obligor) or his heirs do and shall fully and satisfactorily obviate and remove the said objection or defect (1) If the bond be made to extend to title as well as to quiet enjoy- Title. ment, see ante, No. CCLVIII., p. 221. (2) See form of obligation, ante, p. 77. (3) Where the bond has reference to some known defect it should be mentioned in the recitals or the condition; see Nash v. Palmer, 5 Maule and Selw. p. 374. Obligation. |