ance of brances. The receipt whereof the said B. and C. do hereby acknowledge, He the said A. as beneficial owner in exercise of the Conveypower for this purpose given to him by the Settled Land freeholds. Act, 1882, and of every other power enabling him in this behalf doth hereby convey (c) unto the said P. and his heirs ALL &c. (parcels), To HAVE AND TO HOLD the hereditaments and premises hereby conveyed UNTO AND TO THE USE of the said P. his heirs and assigns. AND each Covenant by trustees of them the said B. and C. so far only as relates to his own against acts and deeds doth hereby covenant with the said P. that incumthey the said B. and C. have not respectively done or knowingly suffered or been party or privy to any act deed or thing whereby the said A. is prevented from exercising the powers of selling and conveying in manner aforesaid or whereby the hereditaments and premises hereby conveyed or any part thereof may be charged or incumbered or in any way affected (d). PROVIDED ALWAYS and it is hereby Proviso limiting declared that so far as regards the reversion or remainder implied expectant on the life estate of the said A. in the said here- covenants for title by ditaments and premises expressed to be hereby conveyed tenant for and the title to and further assurance of the same heredi- life. taments and premises after his death the covenants on his part in these presents implied shall not extend to the acts deeds or defaults of any person or persons other than and besides himself and his own heirs and persons claiming under or in trust for him or them or any of them. AND Deeds. the said A. hereby gives to the said P. an acknowledgment of the right of the said P. to production of the documents mentioned in the schedule hereunder written and to delivery of copies thereof and an undertaking for safe custody thereof (e). IN WITNESS &c. The schedule to the above-written Indenture. (List of Deeds.) (c) See note to s. 49 of the Con veyancing Act, 1881, p. 295. (d) See note (z), p. 33. (e) See Conveyancing Act, 1881, s. 9, p. 259. Title of tenant for life. XXII. CONVEYANCE of COPYHOLDS by TENANT for LIFE under the SETTLED LAND ACT, 1882 (ƒ). THIS INDENTURE made the day of between A. of &c. (tenant for life) of the 1st part, B. of &c. and C. of &c. (trustees of the settlement under which A. is tenant for life) of the 2nd part and P. of &c. (purchaser) of the 3rd part, WHEREAS &c. (recite the Settlement or will under which the copyholds were covenanted to be surrendered or devised to the use of the trustee upon certain trusts under which the said A. is now tenant for life in possession of the hereditaments intended to be conveyed, and B.and C. trustees with power to sell or consent to a sale or to act as trustees for the purposes of the Settled Land Act, 1882, as the case may be, see note to s. 2, subs. 8, of the Settled Land Act, 1882, p. 330, and the adContract mittance if any (g) of the trustees), AND WHEREAS the said A. as tenant for life in possession has agreed with the said P. for the sale to him of the copyhold messuage and hereditaments hereinafter conveyed and the customary inheritance thereof in possession free from incumbrances being a portion of the hereditaments comprised in the herein before recited Indenture of Settlement (or will) for the sum of £AND WHEREAS it has been agreed that the said sum of £ shall be paid to the said B. and C. as such trustees as aforesaid upon their joining in these presents in manner hereinafter appearing (h), NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £- now paid by the for sale. said P. to the said B. and C., The receipt whereof the said B. and C. do hereby acknowledge, He the said A. as beneficial owner in exercise of the power for this purpose given (f) See notes (y), (z), and (a), to Prec. XXI. (g) See note (1) to s. 20 of the Settled Land Act, 1882, p. 342. (h) See note (b), p. 34. to him by the Settled Land Act, 1882, and of every other power enabling him in this behalf doth hereby convey (i) unto the said P. and his heirs ALL &c. (parcels), TO HAVE AND TO HOLD the hereditaments and premises hereby conveyed UNTO AND TO THE USE of the said P. his heirs and assigns. (Covenant by the trustees against incumbrances, see p. 35. Proviso limiting A.'s implied covenants for title, see p. 35, and acknowledgment of right to production of deeds and undertaking for their safe custody, see p. 35). IN WITNESS &c. XXIII. CONVEYANCE of LEASEHOLDS by TENANT for LIFE under the SETTLED LAND ACT, 1882 (k). THIS INDENTURE made the day of lease. between A. of &c. (tenant for life) of the 1st part B. of &c. and C. of &c. (trustees of the settlement under which A. is tenant for life) of the 2nd part and P. of &c. (purchaser) of the 3rd part, WHEREAS by an Indenture of Recital 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 right to admittance to copyhold land comes within subs, 5 of sect. 7 of the Conveyancing Act, 1881, and covenants for title will be implied by the words as beneficial owner," see note to that section, p. 258. (i) This conveyance is made under s. 20 of the Settled Land Act, 1882, and "convey" is the appropriate word, not "covenant to surrender." The transaction will require to be completed by the admittance of the purchaser under subs. 3. The conveyance being a deed conferring the 66 (k) See notes (y), (z), and (a), to Prec. XXI., p. 32. became vested in the said B. and C. their executors administrators and assigns for the residue of the said term of years, To hold the same upon the trusts declared by an Indenture of Settlement dated &c. and made &c. under which the said A. is now tenant for life in possession and the said B. and C. the trustees thereof, and by the same Indenture of Settlement it was declared that it should be lawful for the trustees or trustee thereof for the time being with the consent of the said A. to sell the hereditaments for the time being comprised therein or subject to the uses and trusts thereof or any part of the said hereditaContract ments (1), AND WHEREAS the said A. as tenant for life in possession of the said leasehold hereditaments has agreed with the said P. for the sale thereof to him for the residue of the aforesaid term of incumbrances for the sum of £ for sale. ance of years free from which it has been agreed shall be paid to the said B. and C. as such trustees as aforesaid upon their joining in these presents in manner hereinafter appearing, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in consideration of the sum of £- now paid by the said P. to the said B. and C., The receipt whereof the said B. and C. do hereby acknowledge, He the said A. as beneficial owner in exercise of the power for this purpose given to him by the Settled Land Act, 1882, and of every other power Convey enabling him in this behalf doth hereby convey unto the leaseholds. said P. his executors administrators and assigns ALL THAT piece of land and premises comprised in and demised by the aforesaid Indenture of Lease of the TO HAVE AND TO HOLD the piece of land and premises hereby conveyed UNTO the said P. his executors administrators and assigns for all the residue of the said term of years at the rent reserved by the said Indenture of Lease and under and subject to the covenants and conditions therein contained and on the part of the lessee to be observed and performed. (Covenant by B.and C.against incumbrances, see p. 35. Proviso limiting A.'s implied (7) See note (a), p. 34. day tion of by pur &c. covenants for title, see p. 35.) AND the said A. hereby Producgives to the said P. an acknowledgment of the right settle. of the said P. to production of the said Indenture of ment. Settlement of the day of and to delivery of copies thereof and an undertaking for safe custody thereof. AND the said P. doth hereby covenant with the said A. Covenant and also as a separate covenant with the said B. and C. that chaser to he the said P. his heirs executors administrators and pay rent assigns will during the residue of the said term pay the rent reserved by the said Indenture of Lease and observe and perform the covenants and conditions therein contained and on the part of the lessee to be observed and performed, and will at all times hereafter keep indemnified the said A. and also the said B. and C. and each of them their and each of their heirs executors and administrators and their and each of their estates and effects against the payment of the said rent and the observance and performance of the said covenants and conditions and also against all actions claims and demands for or on account of such rent covenants or conditions or in anywise relating thereto. IN WITNESS &c. XXIV. CONVEYANCE of FREEHOLDS by TENANT for LIFE under the SETTLED LAND ACT, 1882, with the concurrence of a MORTGAGEE of the fee who receives the purchase money (m). day of THIS INDENTURE made the Between A. of &c. (tenant for life) of the 1st part B. of &c. and C. of &c. (trustees of the settlement under which A. is tenant for life) of the 2nd part M. of &c. (mortgagee) of the 3rd part and P. of &c. (purchaser) of the 4th part, WHEREAS Recital of mortgage. by an Indenture dated &c. and made between J. S. of the (m) See notes (y), (z), and (a), to Prec. XXI., p. 32. |