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Judgment

Contract for purchase of

Testatum.

Habendum.

In trust for purchaser.

To protect against mesne incumbrances.

tracted with the sd (V) for the absolute purchase to him of all the lds tents and heredts situate, &c. for the sum of £ — and by indres of lease and rele the lease bearing date the day before the date of the rele and the rele bearing even date herewith and made or expssd to be made betn the sd (V) of the one pt and sd (P) of the or. pt the sd lds, &c. were conveyed unto the sd (P) his hrs and ass for ever And it was agrd at the time of the purchase that the sd judgmnt shd be assd to the sd (T) for the purps hnaftr mentd Now, &c. and in conson of 5s., &c. He the sd (assignor) at the request and by the direction and apptmt of the sd (V) and at the nomination of the sd (P) testified by their severally being pties to and signing this deed Hath bargained, &c. sold assd transferred and set over and by, &c. and the sd (V) for the consons in the sd indre of rele mentd Hath granted bargd sold assigned ratified and confirmed and by, &c. Doth grant unto the sd (T) his, &e. All that the hnbefe in pt recited judgmt and all and evy sum, &c. and all bent and advantage to be derived therefrom And all the este, &c. To Have and to Hold the sd in pt recited judgmt and all and singr or. the preses hby, &c. unto the sd (T) his, &c. In Trust for the sd (P) his, &c. to be assd and disposed of from time to time as he or they shall direct and appt And in the mean time in trust and to the intent that the same judgment may be kept on foot to attend and wait upon the inhance of the sd lds tents and heredts in order to defend and protect the same from and agst all subsequent judgmts statutes and other mesne incumbrances And the sd (A) Doth hby for himself, &c. covt, &c. with the sd (7') his, &c. that the sd judgmt hath not been vacated dischagd or defeated in any manner howsr And that the sd lds tents and heredts shall not be extended by or upon the same judgmt orwise than for conformity and in case of any such extent the same as to the sd lds, &c. so purchased shall be in trust for and for the bent of the sd (P) In Witness, &c.

Assignment of a Lease with an Assignment of Fixtures and Policy of Insurance. (General Precedent)

Assignment Obs. 1. By the 29 Cnr. II. c. 3, no lease, estate, or interest,

to be in either of freehold or for term of years, or any uncertain interest

writing. in land shall be assigned, unless by deed or note in writing, signed

by the party or his agent legally authorized. By inden- 2. An assignment of a lease may be by indenture or deed poll;

ture or deed but where it is by indorsement, and no covenants are entered into

poll. by the assignee, a deed poll appears to be the proper form. Assignee 5. An assignee is bound under the words, 'subject to the rents

bound by snd covenants on the lessee's part, to be paid, &c.' to indemnify the assignor against the rent and covenants, although he be not Lease. required so to do by the agreement for the sale. Pember v. Mathers, 1 B. C. C. 52. As a lessee will, notwithstanding his assignment the coveto another, continue liable under his covenant, to pay the rent nants of the during the term, this provision is particularly necessary. If the leaseassignor be himself an assignee, it is necessary for this condition to be revived on his part, in order that he may be protected against his own covenant. Where it is of importance to save the expense of a counterpart, a deed of covenant, or a bond, may be taken from the assignee for performance of the covenants in the lease, or a proviso similar to that in leases may be added on breach of covenants. Doe v. Baleman, 2 B. & A. 168. (As to the liabilities of lessee and assignee, see further. Lease. Pref. S 16.)

4. If the lessee is prevented from assigning without the licence of the lessor, it is incumbent on him as vendor, and not on the purchaser, to procure the licence. lAnyd v. Crisp. 5 Taunt. 249; Mason v. Carder, 7 ib. 9. If the purchaser buy of one who has previously bought, but not taken a conveyance, he can call en the original vendor to convey to him. Wood v. Griffith, lSwanst.54.

5. No consideration is necessary to support an assignment of a lease, the rents and covenants being sufficient 1 Mod. 263.

6. In an assignment of a lease, the covenants must be qualified throughout, where it is intended to restrict them to the assignor's own acts. It has been held that a general covenant will not be restrained by a subsequent clause. Gainsford v. Griffith, 1 Saund. 59. Barton v.Fittgera'd, 15 E. 530.

7. By the 44 G. III. c. 98, re-enacted by the 55 G. HI. c. 184, an assignment of a lease, although not under seal, requires an ad valorem stamp on the consideration money. (As to assignments of leases, see further, Bonds for Payment of Rent, &C—Mortgages, and Purchase Deeds.")

This Indre made, &c. Betn (assignor) of, &c. of the Recital of one pt and (assignee) of, &c. of the or. pt Whas (a) by lease.

(a) If it be a city lease say, ' Whas by indre bearing date, Src. and made or mentd to be made betn the mayor and commonalty and citizens of the city of London of the one pt and the sd (assignor) of the or. pt the sd mayor, &c. Did demise unto the sd (A) all, &c. as the same are therein and hinaftr parlarly described with the apts To Hold the same discharged of the land-tax which had been redeemed unto the sd (a) his, &c. from, &c. for and during, &c. next ensuing subject to the yrly rent of £ — paye to the sd mayor, &c. their successors or ass at or in the office of receipts and paymls of money of the chamberlain of the sd city for the time being by quarterly, &c. and the sd (assignor) did thby among or. things covt to insure from fire all such erections and buildings as shd be erected upon the sd demised preses and at his own costs and chas within calr mnths then next ensuing to completely finish and make fit for habitation the sd messe or tent thby demised to the approbation of the elk for the time being of the works of the sd city Ami that he shd not alien assign or onvise dispose (except by will only) of the sd indre of lease witht the license and consent in writing of and from the sd mayor, &c. under the penalty as therein is prescribed as by the sd indre under the corporate seal of, Ac. will more fully appear And whas since the date of the sd indre of, &c. the sd (assignor) hath completely finished the sd messe, &c. to the satisfaction of the sd elk, &c. and hath caused the same to be insured from fire in the sum of £ — in the, &c.'

Lease. indre of lease bearing date on or about the day of and made betn (lessor) of the one pt and (original lessee) of the or. pt For the consons therein expssed the sd (lessor) did demise All that, &c. with the appts unto the sd (lessee) his exs, &c. from the day of last past for the term of yrs at and under the yrly rent covts condons and agrts as in and by the sd indre of Mesne as- lease are expssd contd and decld And whas by divers signments. mesne assignments and assurs in the law parlarly by an indre of assnmt bearg date, &c. the sd messe and preses became vested in the sd (assignor) for the residue of Contract the term which was then to come and unexpired And for sale. whas the sd (assignee) hath contracted with the sd (assignor) for the sale to him of the sd messe and preses comprised in the sd in pt recited indre of lease for the residue of the sd term of years at or for the Testatum. price of £ (a) Now this Indre Witnesselh That in conson of the sum of £— of, &c. to him the sd (assignor) in hand well and truly pd by the sd (assignee) at or before the sealing of these presents the rect whof he the sd (assignor) doth hby acknge and of and from the same doth acquit rele and discharge the sd (assignee) his exs ads and ass for ever He the sd (assignor) Hath granted bargained sold assigned transferred and set over and by these prests (b) Doth grant, &c. All that the sd messe, &c. and all and singr or. the preses comprised in the sd in pt recited indre of lease with their and evy of their apts togr with the sd in pt recited indre of lease (c) And all the este right title term and terms of yrs to come and unexpired trust property posson claim and demand whatsr both at law and in equity of him the Habendum. sd (assignor) of in to and out of the sd messe, &c. To Have and to Hold the sd messe, &c. and preses hby assd or intended so to be with their and evy of their appts unto the sd (assignee) his exs ads and ass henceforth for and during all the rest and residue now to come and unexpired of the sd term of yrs (d) subject to the rents covts condons and agts in the sd in pt recited indre of lease reserved and contd which on the tenant's or lessee's pt ought to be pd observed and per

(a) Where the licence of the lessor must first be had |seeObs.5,) say, 'And u has the sd (assignor) hath previous to the sealing and delivery of these prests applied to and procured the licence of the sd (lessor) as by a memorandum indorsed upon the sd indre dolh appear.

(4) ' In pursuance of such licence as afd."

(l) If the policy of insurance be assigned at the same time, say, 'and the sd policy of insurance.'

(d) 'Togr with all bent and advantage to accrue from the sd policy of insurance.'

formed And the sd (assignor) doth hby for himself his exs ads and ass covt promise and agree with and to the sd (assignee) his exs, &c. in manner followg that is to say That the rent covenants condons and agrmts in the sd in pt recited indre of lease reserved and contd have been duly pd observed and performed up to the day of last past And (a) that for and not"withstg any act matter or thing whatsr by the sd (assignor) made done or knowingly or willingly suffered to the contrary the sd hnbefe in pt recited indre of lease is at the time of the sealing and delivery of these prests a good valid and subsisting lease and demise in the law and not forfeited surrendered or become void and voidable And that for and notwithstg any such act deed matter or thing he the sd (assignor) now hath in himself good right full power and absolute authty to assign and assure the sd messe and preses hby assd or intended so to be for and during all the residue and remdr of the sd term of yrs in manner afd and according to the true intent and meaning of these prests And fitrr that it shall and may be lful to and for the sd (assignee) his, &c. from time to time and at all times hraftr during the sd term of yrs peaceably and quietly to enter have hold occupy possess and enjoy the same messe and preses with their appts and to reee and take the rents issues and prfis thof to and for his and their own use and bent witht any lful let suit trouble denial eviction interruption claim or demand of or by hi m the sd (assignor) his exs or ads or any psn or psns lfully or equitably claiming or to claim by from under or in trust for him them or any of them And that free and clear and freely and clearly acquitted exonerated reletl and for ever discharged or orwise by the sd (assignor) his exs or ads well and sufficiently saved defendsd and kept harmless and indemnified of from and agst all and all manner of former and or. estes titles troubles chas and ineumbs whatsr either already or to be hraftr made done committed or suffered by the sd (assignor) his exs or ads or by any psn or psns lfully claimg or to claim by from under or in trust for him them or any of them save and except the rents covts condons and agrmts in and by the sd hnbefe recited indre of lease reserved and contd and which on the tenant or lessee's pt are or ought to be pd observed and performed And furr that the sd (assignor) his exs, &c. and all or. psn or psns having or claimg or who shall or may have or claim any este right title int pro

Lease.

Covenants from the assignor.

Tbat lease
is valid and
subsisting.

Assignor has good right to assign.

For quiet enjoyment.

Free from incumbrances.

Further

assurance.

(n) As to qualified covenants, see Obs. 6.

perty or demand whatsr either at law or in equity of, in to or out of the sd messe or tent and preses hby assd or intended so to be or any of them or any pt thof by from under or in trust for the sd (assignor) his exs or ads shall and will from time to time and at all times during the sd term of yrs at the request and proper costs and chas of the sd (assignee) his exs, &c. make do and exte or cause, &c. all and evy such furr and or. lful and rease acts assnmts and assurs in the law whatsr for the better more perfectly and absolutely assg and assurg of the sd messe, &c. for the remr then to come and unexpired of the sd term of yrs as by the sd (assignee) his exs, &c. or his or their counsel in the law shall be reasonably advised devised and required so as (a) no such furr assumts and assurs contain or imply any furr or or. covt or warranty than agst the psn or psns who shall be requested to make any such furr assnmts or assures and so as the pty or pties who shall be requested to make the same be not compelled or compellable for the making or doing thof to travel from hi3 her or their respive place or places of abode And the sd (assignee) doth hby for himself his hrs, &c. covt, &c. that he the sd (assignee) his hrs, &c. shall and will from time to time and at all times hraftr during the sd term of yrs granted by the sd in pt recited To pay rent. indre of lease well and truly pay or cause, &c. the yrly rent in and by the same indre of lease reserved which henceforth shall grow due and paye in respect of the sd preses hby assd at such time and in such manner as the same is thby reserved and also shall and will obTo keep the serve perform and keep all and singr the covts condons covenants. and agrmts in the sd indre of lease contd and which henceforth on the tenant or lessee's pt ought to be pd Indemnity observed performed and kept And shall and will from to assignor. time to time and at all times hraftr save defend keep harmless and indemnified the sd (assignor) his hrs, &c. and his and their Ids goods and chattels from and agst the paymt of the sd rent and the performance of the sd covts condons and agrmts and from and ngst all and all manner of actions suits cause and causes of action costs chas dams claims and demands whatsr for or on acct of the same or in any wise relating thereto (b) In Witness, &c.

(o) Sec Obs. 3.

(4) Where the fixtures a:e also to be assigned, this maybe done by a further testatum, as follows: 'Whas the sevl fixtures and or. things mentd in the schedule hereunder-written have been agrd to be taken by the sd (assignee) at the price or sum of £ — Now, &c. in conson of the sum of £ — of, &c. to the sd (assignor) in, &c. by the sd (assignee) at, &c. the rect whof, &c. He the sd

[graphic]

Lease.

Covenants from the assignee.

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