No. CCCXX. A Deed of Covenant to suffer a Recovery and to direct the Uses (1). COVENANTS. Suffer recovery. THIS INDENTURE of day of parts made the in the WITNESS. The covenantor Covenants to year of the reign, &c. and in the year of our Lord 18 BETWEEN (the covenantor) of, &c. of the one part, and (the covenantee) of, &c. of the other part. WHEREAS, &c (2). NOW THIS INDENTURE WITNESSETH, that in pursuance and performance of the said agreement, and for carrying the same into effect, and for docking, barring, and destroy- suffer a recoing all estates tail of and in the messuages, lands, tenements, and hereditaments hereinafter described, and all remainders and reversions expectant or depending thereupon, and for conveying and assuring the said messuages, lands, tenements and hereditaments, and the fee simple and inheritance thereof to, upon, and for the uses, trust, intents, and purposes hereinafter expressed concerning the very. (1) When a tenant in tail covenants to suffer a recovery to bar the remainders over, no time should be lost in perfecting it; as if he die before it be done, the issue will not be bound by the covenant, even though entered into for a valuable consideration; Coventry v. Coventry, 2 P. Wms. 222; or by an infant tenant in tail on her marriage, Leeky v. Knox, 1 Ball. and Beat. 210; because the issue comes in by the statute de donis alone, and not as deriving from his ancestor who contracted; Powell v. Powell, Prec. Ch. 278. Fox v. Crane, 2 Vern. 306; except only in respect of an appointment to a charity, which will bind the remainder man without fine or recovery, Tay v. Slaughter, Prec. Ch. 16. Attorney Gen. v. Rye, 2 Vern. 453; and such covenant, or even a covenant for further assurance generally, will, it seems, be binding upon the lands in the hands of assignees of the tenant in tail becoming bankrupt, or of others. See Sutton v. Stone, 2 Atk. 101. Tourle v. Rand, 2 Brow. Ch. Ca. 650, and Edwards v. Applebee, there cited, p. 652 (n). Pye v. Danbuz, 3 ibid. 595. (2) Recite here the occasion of the covenant being entered into. Issue not bound by covenant of ancestor. Recitals. COVENANTS. Parcels. same; and also for and in consideration of the sum of 5s. of Suffer recovery. lawful money of England to the said (covenantor) in hand well and truly paid by the said (covenantee) at or immediately before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, He (1) the said (covenantor) for himself, his heirs, executors and administrators, DoтH covenant, promise and agree with and to the said (covenantee), his heirs and assigns by these presents, in manner following, (that is to say,) that he the said (covenantor) or his heirs shall and will at his and their own proper costs and charges, before the end of term now next ensuing, suffer or cause to be suffered one or more common recovery or common recoveries with double or treble voucher as may be requisite or expedient of ALL, &c. and that for the purpose of suffering the same common recovery or recoveries he the said (covenantor) and his heirs, and all and every person or persons whomsoever claiming or to claim by, from, under or in trust for him or them, shall and will make, do, and execute, and cause or procure to be made, done, and executed, all and every such acts, deeds, conveyances and assurances and matters and things in the law or otherwise, which shall be or be deemed necessary or proper to be made, done, and executed for perfecting and giving effect to the same, in and for docking and barring the estate tail of him the said (covenantor) of and in the said lands and hereditaments, and all remainders, and reversions, and conditional limitations thereon expectant or dependent, in order and to the intent that the same hereditaments shall and may from thenceforth and for ever thereafter be had, holden and enjoyed by him the said (covenantee), his heirs and assigns, in fee simple. AND it is the uses of the hereby declared and agreed by and between the parties to these presents, and they hereby severally and respectively direct, appoint, and declare, that as well the said recovery or recoveries so as aforesaid, or in any other manner or at any other time or times to be had or suffered of the same premises or of any part thereof, and also all and every other recovery or recoveries, and all other conveyances and assurances in the law whatsoever already heretofore had, made, suffered or executed, or hereafter to be had, made, suffered or executed of the said premises or any part thereof, either separately or together with any other hereditaments by or between the said parties to these presents, or any of them, either alone or jointly with any Declaration of recovery. Joint-tenants. (1) If the covenant be entered into by two or more persons, see ante, No. CCCIX. p. 366, n. (1). COVENANTS. other person or persons, or whereunto they or any or either of them was, or were, or are, or is, or shall, or may be parties or privies, or Suffer recovery. party or privy, shall from and after the perfecting thereof be and enure, and be construed, deemed, adjudged, and taken to be and enure, and the same is and are hereby declared to have been at the time of the making, suffering, and executing the same meant and intended to be and enure, and the recoveror or recoverors in such recovery or recoveries, or other assurance or assurances, or any of them named or to be named, or to whom the same have or hath been or shall or may be suffered or made, and his and their heirs shall stand and be seised of the said hereditaments and premises of which the said recovery is hereby covenanted or agreed to be had and suffered as aforesaid, with their and every of their appurtenances, To THE USE (1) and behoof of the said (covenantee), his heirs and assigns for ever. IN WITNESS, &c. (1) If the declaration be to corroborate leases granted by the tenant in tail prior to the recovery, say, "To the uses hereinafter declared concerning the same, (that is to say,) as to and concerning so much and such parts of the said lands and hereditaments as are comprised in and mentioned or intended to be demised by the hereinbefore in part recited indentures of lease, bearing date respectively, &c. TO THE USE of the said (lessees) respectively, and their respective executors, administrators, and assigns, for the residue and remainder now to come and unexpired of and in the said several terms of years granted and demised of the same premises in or by the said indentures of lease respectively, at and under the rents, covenants, provisoes, considerations, and agreements therein respectively reserved and contained, and for the purpose of establishing and giving full force and effect to the said leases according to the true intent and meaning of the same respectively. AND subject and without prejudice thereto, then as to and concerning the same lands and hereditaments so thereby demised, and also as to and concerning all and singular other the lands and hereditaments of which a recovery is hereinbefore agreed to be suffered as aforesaid not comprised in the said indentures of lease or any of them, TO THE USE and behoof of the said (covenantee) his heirs and assigns for ever, in fee simple." *.* Common deed Stamp. Confirmation of subsisting leases. Stamp. COVENANTS. Deliver title deeds. No. CCCXXI. Deed of Covenant from a Mortgagee for Re-delivering Title Deeds to the Mortgagor, on Re-payment of the Mortgage Money and for producing them in the meantime (1). THIS INDENTURE made the day of in the year of the reign, &c. and in the year of our Lord 18, BETWEEN (the mortgagee) of, &c. of the one part, and (the mortgagor) Recital of mort- of, &c. of the other part. WHEREAS by indenture of demise and gage. mortgage bearing even date with these presents, and made or ex- Now Intent of the deed. (1) The principal intent of a deed of this kind is to prevent the expense of a counterpart of the mortgage deed. When therefore such a counterpart is holden by the mortgagor, this deed of covenant may be dispensed with, and where the mortgagor is tenant for life or trustee, and therefore particularly bound to take care of the title deeds for the reversioner or cestui que trust, or where he has himself covenanted with a purchaser or others for the production and delivery of attested copies of them, it is highly reasonable that a deed of this kind should accompany the mortgage. COVENANTS. Deliver title deeds. WITNESS. The mortgagee covenants to re deliver the deeds deposited with him. THIS INDENTURE WITNESSETH, that the said (mortgagee) in pursuance and performance of the said agreement, doth for himself, his heirs, executors, and administrators, covenant, promise, declare, and agree with and to the said (mortgagor), his heirs and assigns, by these presents, in manner following, (that is to say,) that upon repayment to the said (mortgagee), his executors, administrators, or assigns, by the said (mortgagor), his heirs, executors, or administrators, of the said sum of £ mentioned to be the consideration-money of the said in part recited indenture, with interest for the same after the rate aforesaid, at the times and in the manner in and by the same indenture appointed for payment thereof, together with all costs, charges, and expenses which at the time of such payment shall be due unto or have been incurred by the said (mortgagee), his executors, administrators, or assigns, for or in respect thereof, he the said (mortgagee), his executors, administrators, or assigns, shall and will at the request of the said (mortgagor), his heirs or assigns, deliver up or cause to be delivered up unto him or them, or unto whomsoever else he or they shall under his or their hand or hands direct or appoint in that behalf, all and singular the deeds, evidences, and writings comprised in the schedule hereunder written or hereunto annexed, whole, uncancelled, unobliterated, and undefaced, accidents by fire or other inevitable cause only excepted. AND FURTHER, that he the said (mortgagee), his heirs, executors, administrators, and assigns, unless prevented by any such cause as aforesaid, shall and will from time to time and at all times hereafter, in the meantime and until such payment shall or ought to be made, and also so long afterwards, in case of default in payment thereof as the said deeds, evidences, and writings shall remain in his or their hands, custody, or power, and the said hereditaments and premises shall be subject or liable to any equity or right of redemption in or by the said (mortgagor), his heirs or assigns, at and upon the reasonable request in writing, and at the proper costs and charges in the law, of him the said (mortgagor), his heirs, executors, administrators, or assigns, produce and show forth, or cause to be produced and shown forth, the same deeds, evidences, and writings, or any of them, at any trial, hearing or examination in any court or courts of law or equity or other court of judicature in any part of the United Kingdom of Great Britain and Ireland, or before and for the perusal and inspection of any commissioners, arbitrator or arbitrators lawfully appointed, or in any such other manner as occasion shall require. AND And make exalso at the like request, costs, and charges of the said (mortgagor), tested copies. his heirs, executors, administrators, or assigns, cause to be made out And produce meantime. them in the tracts and at |