Agreement for A. of the one part and the said P. of the other part the the said A. for the consideration therein mentioned granted unto and to the use of the said P. his heirs and assigns the freehold farm and hereditaments known as Blackacre Farm situate &c. in the said Indenture more Reason for particularly described, AND WHEREAS &c. (recite the indemnity. circumstances under which the title to a portion of the property is doubtful), AND WHEREAS in consideration of indemnity, the completion of the purchase of the said Blackacre Farm it was agreed that the said A. should enter into the abovewritten bond for the purpose of indemnifying the said P. against any claim by (state the possible claimants) or their representatives, NOW THE CONDITION of the abovewritten bond is such that if the said (possible claimants) or their representatives shall make no claim against the said P. his heirs or assigns in respect of the matters aforesaid [within the space of years from the date hereof], or if the said A. his heirs executors or administrators shall at all times hereafter [or within the said space of years] keep indemnified the said P. his heirs and assigns against all actions and proceedings claims and demands on the part of the said (possible claimants) or their representatives in respect of the matters aforesaid, THEN and in either of such cases the above-written bond shall be void and of no effect, otherwise the same shall be and remain in full force and virtue. VII. CONVEYANCE of FREEHOLDS. THIS INDENTURE made the day of NOW THIS vendor. for sale. Between A. of &c. (vendor) of the one part and P. of &c. (purchaser) of the other part, [WHEREAS the said A. is Seisin of seised (q) for an estate of inheritance in fee simple in possession free from incumbrances of the freehold messuage and hereditaments hereinafter granted, AND WHEREAS the said A. has agreed with the said P. for the sale to Contract him of the said messuage and hereditaments and the inheritance thereof in fee simple in possession free from incumbrances for the sum of £ INDENTURE] WITNESSETH that [in pursuance of Grant of the said agreement and] in consideration of the sum of £ now paid by the said P. to the said A., The receipt whereof the said A. doth hereby acknowledge, He the said A. as beneficial owner (r) doth hereby grant unto the said P. and his heirs ALL &c. (parcels), TO HAVE AND TO HOLD the premises hereby granted UNTO AND TO THE USE of the said P. his heirs and assigns. IN WITNESS &c. freeholds. VIII. COVENANT to SURRENDER COPYHOLDS. THIS INDENTURE made the day of Between A. of &c. (vendor) of the one part and P. of &c. (q) This conveyance may be shortened by omitting the words within brackets. Where the vendor is seised in fee it is not necessary to recite to that effect, but under the Vendor and Purchaser Act, 1874, s. 2, see p. 6, the recital after 20 years becomes evidence, and the deed may (r) See Conveyancing Act, 1881, vendor. Seisin of (purchaser) of the other part, WHEREAS the said A. is seised (s) for an estate of inheritance to him and his heirs according to the custom of the manor of for sale. to surren der copy holds. in now paid by the county of free from incumbrances of the copyhold tenement and hereditaments hereinafter covenanted to be surrendered, AND WHEREAS the said A. has agreed with the said P. for the sale to him of the said copyhold hereditaments and the customary inheritance thereof in possession free from incumbrances Covenant for the sum of £NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £the said P. to the said A., The receipt whereof the said A. doth hereby acknowledge, He the said A. doth hereby covenant (t) with the said P. that he the said A. or his heirs and all other necessary parties if any will at the cost of the said P. his heirs or assigns forthwith surrender or cause to be surrendered into the hands of the lord of the manor of according to the custom of the said manor ALL &c. (parcels), TO THE USE of the said P. his heirs and assigns, To be holden at the will of the lord according to the custom of the said manor by and under the rents fines suits and services therefor due and of right Covenants accustomed. AND (u) the said A. doth hereby covenant with the said P. that notwithstanding any act deed or thing by him the said A. [or by any of his ancestors or testators (x)] done executed or knowingly suffered he the said A. now hath good right to surrender the copyhold hereditaments and premises hereby covenanted to be surrendered to the use of the said P. his heirs and assigns in for title. Right to surrender. (s) See note (q), p. 13. (t) See Conveyancing Act, 1881, ss. 58, 59, p. 298. (u) See Conveyancing Act, 1881, s. 7, subs. 5, and note to that subsection, p. 258, giving reasons why the covenants for title are inserted here. If it be considered that the provisions of that Act are sufficient and satisfactory, the covenants for title can be omitted, and the words as beneficial owner" inserted in the testatum. (x) These words should be omitted where the vendor acquired the property otherwise than by descent or devise. incum manner aforesaid: AND that it shall be lawful for the said Quiet enjoyment. P. his heirs and assigns at all times hereafter peaceably and quietly to enter upon possess and enjoy the said hereditaments and premises and to receive the rents and profits thereof without any eviction claim or demand whatsoever by him the said A. or any person or persons lawfully claiming from under or in trust for him [or any of his ancestors or testators]: AND that free and discharged from Free from or otherwise by the said A. his heirs executors or adminis- brances. trators sufficiently indemnified against all estates incumbrances claims and demands created or occasioned by him the said A. [or any of his ancestors or testators] or any person or persons lawfully claiming from under or in trust for him [or them]: AND further that he the said A. and Further his heirs and all persons having or lawfully claiming any estate right title or interest in or to the said hereditaments and premises or any of them from under or in trust for him [or any of his ancestors or testators] will at all times hereafter at the cost of the said P. his heirs or assigns do and execute or cause to be done and executed all such deeds things and assurances for further and better assuring the said hereditaments and premises to the use of the said P. his heirs and assigns in manner aforesaid as may be reasonably required. IN WITNESS &c. assurance, paid A. of &c. came before S. of &c. the Steward of the said hereditaments and premises the said A. was at a Court held for the said Manor on the day of ad mitted tenant, TO THE USE of the said P. his heirs and assigns at the will of the lord according to the custom of the said Manor at and under the rents fines suits and services therefor due and of right accustomed. This surrender was taken and accepted the day and year first above written by me, S. Steward of the said Manor. lease. X. ASSIGNMENT of LEASEHOLDS. THIS INDENTURE made the day of Between A. of &c. (vendor) of the one part and P. of &c. Recital of (purchaser) of the other part, WHEREAS by an Indenture of Lease dated &c. and made between (lessor) of the one part and L. (lessee) of the other part ALL &c. (parcels from the lease) with the appurtenances were demised by the said (lessor) unto the said L. his executors administrators and assigns for the term of — years from the ́ day of, at the yearly rent of £ and subject to the covenants and conditions therein contained and on the part of the lessee to be observed and performed, AND WHEREAS by divers mesne assignments and acts in the law and ultimately by an Indenture dated &c. and made &c. the said leasehold premises were assigned to and became vested in the said A. his executors administrators and assigns for the residue of the said term of Contract years, AND WHEREAS the said A has agreed with the said P. for the sale to him of the said leasehold premises for the residue of the aforesaid term of for sale. -years NOW free from incumbrances for the sum of £- of £ |