Page images
PDF
EPUB

Benefices," and having considered such certificate, plan, and account, NOW WE DO APPROVE thereof and do consent that such buildings and repairs shall be made as therein specified; and that the said A. B. do borrow and take up at interest the sum of £

, being the

estimate of the expenses, after deducting the value of the timber and other materials thought proper to be sold, and which appears to us from the said account a sum not exceeding two years' net income and produce of the said living, which money is to be paid to (a person nominated by us and the said A. B.) and applied according to the direction of the said Act. IN WITNESS, &c.

CONSENTS.

Repair (parsonage).

(Ordinary).
(Patron).

The above consent is directed by the act to be written on parch- Stamp.

ment, but no stamp is necessary.

CONSENTS.

Revocation.

No. CCCVI.

*A Deed of Consent by Trustees to the exercise of a Power of Revocation of a Settlement (1).

Covenants.

TO ALL TO WHOM THESE PRESENTS SHALL COME, We (trustees)
of, &c. SEND GREETING. WHEREAS, &c. [recite the settlement
and power of revocation]. AND WHEREAS the object of the said
settlement so far as regards, &c. has become incapable of taking ef
fect [or as the case may be]. Now KNOW YE, that we the said (trus-
tees) at the request of the said (husband), by virtue of the said
power or authority in or by the said in part recited indenture en-
abling us thereto, and for the motives and considerations herein-
before recited or expressed, Do by this, our instrument in writing,
under our hands and seals, executed in the presence of three credi-
ble witnesses, whose names are or are intended to be hereon indorsed,
freely and fully consent, agree and approve that it shall and may be
and is lawful and proper, according to the true intent and meaning
of the said indenture, for the said (husband) at any time or times
hereafter during the term of his natural life, by any deed or writing
or deeds or writings, to be by him sealed and delivered in the presence
of three or more credible witnesses or otherwise executed agreeably
to the declaration or agreement in the said indenture contained, in
regard thereto, to revoke, alter, change or make void, all and every or
any
of the use or uses, estate or estates in the said recited indenture
limited, declared or expressed, and that from and after such revoca-
tion, alteration, change or making void of all or any the use or uses,
estate or estates, in or by the said in part recited indenture, limited,
declared or expressed, they the said (trustees), their heirs and assigns,

(1) See as to the consent of third persons being requisite to the execution of a power of revocation, ante MOD. PREC. Vol. VII. 437. 3d ed.

notes.

shall and will from thenceforth stand and be seised of the said hereditaments or of such part and parts thereof, of or concerning which the use or uses shall be so revoked, altered or made void, to such other use and uses, and for such other estate and estates, if any, as he the said (husband) shall by any deed or deeds, writing or writings, under his hand and seal, to be by him signed, sealed and delivered in the presence of three or more credible witnesses [if the power so require] shall direct, limit, appoint or declare, of or concerning the same hereditaments or any part thereof, and in default of any such direction, limitation, appointment or declaration as lastly aforesaid, THEN to the proper use and behoof of him the said (husband), his heirs and assigns for ever. IN WITNESS, &c.

CONSENTS.

Revocation.

COVENANTS.

Apportionment (rent).

No. CCCVII.

*A Deed of Covenant for the Apportionment of Rent between Purchasers of different parts of Leasehold Premises held under the same Lease.

THIS INDENTURE made the

day of

in the

BETWEEN (one

year, &c. and in the year of our Lord 18

purchaser) of, &c. of the one part, and (other purchaser) of, &c. of WHEREAS by indenture of lease bearing date which was in the year

Recital of lease. the other part (1). on or about the

day of

and made or expressed to be made between, &c. [recite in the usual
manner the lease granted to the lessee of the land or houses in
question]. AND WHEREAS the said (lessee) on or about the day
of
caused the said piece or parcel of ground, and the several
messuages thereupon erected, to be put up to sale by public auction
in various separate lots or parcels, at which sale the said (first party)
became the purchaser of the messuage or tenement comprised in
lot mentioned in the particulars of sale there exhibited, being
the messuage or tenement hereinafter firstly described, and the said
(second party) became the purchaser of the messuages or tenements
comprised in lot
in the said particulars of sale mentioned.
AND WHEREAS in and by certain printed conditions of sale subjoined
to the said particulars, it was declared that the several purchasers of
the said premises should respectively, as between themselves, be
subject to and pay such portion of the said rent reserved by the
said indenture of lease as therein was mentioned, (that is to say) the
purchaser of lot
the yearly rent of £
the pur-
the yearly rent of, &c.; and that each of

chaser of lot L

[ocr errors]
[ocr errors]

them should at his own expense enter into mutual covenants of in

(1) Or according to the number of purchasers, each of them being of a distinct part.

COVENANTS.

demnity with the other of them against the residue of the said rent reserved by the said indenture of lease, and against the covenant Apportionment (rent). therein contained, so far as they might respectively relate to the premises by him purchased as aforesaid: AND the said messuage or tenement so purchased by the said (first party) was by indenture of assignment bearing even date with, but executed previously to the execution of these presents, and made between, &c. assigned or otherwise assured to him or intended so to be by the description of all, &c. [insert the description in the assignment.] TO HOLD the same unto him the said (first party), his executors, administrators and assigns, from the then last past, for and during all the rest, residue, and remainder then to come and unexpired of the said term of days thereof), by the said in part recited indenture of lease granted thereof, but subject only to the yearly rent of £

in

day of

(wanting

being one (proportion)

, by the said

part of the said yearly rent or sum of £
indenture of lease reserved, and also to the performance of the co-
venants, conditions, and agreements in the same indenture con-
tained on the part of the said (lessee), so far only as the same related
to the messuage or tenement and premises thereby assigned. AND
the said messuage or tenement so purchased by the said (second
party) was by indenture of assignment bearing, &c. [recite as be-
fore so far as regards the assignment to the second party.] AND
WHEREAS in pursuance of the said conditions of sale, the said parties
hereto have agreed to enter into such mutual or reciprocal cove-
nants and agreements concerning the premises as are hereinafter
contained. NOW THEREFORE THIS INDENTURE WITNESSETH that
pursuance of the said recited agreement on the part of the said
(first party), and for and in consideration of the covenants and agree-
ments hereinafter contained on the part of the said (second party)
he the said (first party), for himself, his heirs, executors, and ad-
ministrators, doth hereby covenant, promise and agree with and to
the said (second party), his exccutors, administrators, and assigns, in
the manner following: (that is to say), that he the said (first party),
his executors, administrators, and assigns, shall and will from time
to time and at all times hereafter during the residue yet to come and
unexpired of the said term of
years wanting
days,
by the said recited indenture of lease granted as aforesaid, well and
truly pay or cause to be paid unto the said (original lessee) or other
the landlord for the time being of the said premises, his heirs, execu-
tors, administrators or assigns, or other person entitled to receive the
said ground rent or yearly sum of £ reserved by the said re-

[ocr errors]

WITNESS.

First party covenants with

second party to

nify against his portion of rent.

pay and indem

« PreviousContinue »