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Indemnity and the lds, &c. so agrd to be purchased as afd And all or. the lds, &c. of the sd (P) his hrs exs ads or ass of from or agst all costs chas losses dams and demands that shall or may happen or be occasioned or incurred by the sd (P) his appointees exs ads or ass on acct or by reason of the sd fiat having been issued agst the sd (cestuique trust) or on acct or by reason of any fiat which may hraftr be issued agst him or on acct or by reason of any claim or demand of or by any creditor or creditors of the sd (cestuique trust) at the time of making and exting the sd hnbefe recited indre or of any acct matter or thing in any wise relating thereto Then, &c.

Obligation.

Recital.

Assignment

Condition.

Bond of Indemnity against the Rents and Covenants in a Lease.

Obs. A lessee, notwithstanding his assignment, continues liable for the payment of rent and performance of covenants, but the liability of an assignee is determined by his quitting possession, Taylor v. Shum, 1 B. & P. 21, unless when he is bound by his covenant or bond.

Know all, &c. That, &c. Whas, &c. (recite lease) And whas by a certain indre bearing even date with the above-written obligation and made betn the abovenamed (assignor) of the one pt and the above-bounden (assignee) of the or. pt the sd (assignor) For the consons therein mentd did assign and make over the sd messe and preses comprised in the sd in pt recited indre Subject to the payment of the rent reserved by the sd lease and to the observance and performance of the covts agrts stipulations and clauses therein contd which on the tenant or lessee's pt are or ought to be pd done kept and performed And whas upon the treaty for the sd sale it was agrd that the above-written obligation shd be entered into for the security of the sd (assignor) with the condon hereunder-written for making void the same

Now, &c. That if the above-bounden (assignee) his exs or ads do and shall from time to time and at all times well and truly pay or cause to be pd the rent or rents by the sd in pt recited indre of lease reserved or made paye from and after the day of last past

and do and shall observe perform and keep all and evy the covts which on the pt or behalf of the (lessee) therein-named his exs ads or ass are or ought to be observed, &c. And also do and shall save harmless and keep indemnified the sd (assignor) of from and agst all and evy sum and sums of money costs chas and exps which he or they or any of them shall pay sustain or be put unto for or by reason of the nonpaymt of the sd rent or rents or any pt of the same or of the breach

or non-observance of the sd covts agrts stipulations and Indemnity clauses in the sd lease contd or any of them Then, &c.

Bond of Indemnity against all Damages which may be sustained on account of the Non-production of a certain Deed.

Know all, &c. That, &c. Whas by indre of lease, Recital of &c. (recite lease, see Assignment of Lease) And lease. whas by divers mesne assignments, &c. parlarly by Mesne an indre of lease, &c. (recite assnmt to the obligor) assignment. And whas (recite sale by auction and that the sd obligee was the purchaser) And whas by indre of, &c. (recite assignment to obligee) And whas previously Lost deed. to the exon of the sd indre of assignment it was discovered that the sd indre of assignment bearing date the day of

and made betn, &c. was either lost

or mislaid and the sd (obligee) at the request of the sd (obligor) hath agrd to pay the purchase-money upon the sd (obligor) entering into the above-written bond

Now, &c. That if the above-bounden (obligor) do Condition. and shall from time to time and at all times hraftr save harmless and keep indemnified the sd (obligee) his hrs exs and ads his and their lds, &c. of and from all costs chas dams and exps which the sd (obligee) his hrs exs ads or ass shall or may bear be at or put unto on acct of the sd indre of assnmt being lost or on acct of the sd (obligee) being deprived of the custody of the same And if at any time braftr the sd deed of assnmt shall be found and be delivered to the sd (obligee) his exs ads or ass whole and uncancelled Then, &c.

Bond of Indeminity from a Vendor to a Purchaser where Title Deeds were lost.

Recital of purchase.

Know all, &c. That, &c. Whas by indres of lease Obligation and rele the lease bearing date the day next before the day of the date of the rele and the rele even date with the above obligation For the consons therein mentd certain messes or tents, &c. situate at in the were conveyed unto the sd (P) his hrs and ass but the title deeds or evidences of title to the sd preses being lost or mislaid the sd (V) hath agrd to save harmless and keep indemnified the sd (P) his hrs and ass agst all psns claiming any right or title to the sd preses or any pt thof in manner hnaftr expssd And also that in case the sd title deeds and evidences of title to the sd preses shall at any time hraftr be found the same shall be delivered to the sd (P) his hrs or ass whole and uncancelled

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Indemnity

Condition.

Obligation. Recitals.

Now That if the sd (V) his hrs exs ads or ass do and shall from time to time and at all times hraftr save harmless and keep indemnified the sd (P) his hrs exs ads and ass of from agst all mortgages and or. chas and incumbs anywise affecting the sd messes, &c. and preses and agst all and evy psn and psns whomsr claiming any este right or title of in or to the same or any pt thof And if the sd title deeds and evidences forming a complete and perfect title to the sd preses shall at any time be delivered up to the sd (P) his hrs or ass whole and uncancelled witht fraud or delay Then, &c.

Bond of Indemnity on the Mortgage being paid off on account of the Loss of the Mortgage Deeds.

Know all, &c. Whas (recite original mtge deducing title to the testatrix And that testatrix apptd abovebounden (obligor) her son and hr at law to be her sole executor) And whas (recite the will of the mortgagor whby he devised all his real estes to the above-named (obligees) in trust to sell the same and discharge the mortgage) And whas (recite re-conveyance from the sd (obligor) to the sd (obligee as trustee) of even date with the above obligation) And whas the sevl deeds or writings hnbefe recited (except the lease for a year upon which the sd recited indre of mortgage was grounded) have been accidentally lost or mislaid And it was therefore agrd that the sd (obligor) shd enter into the abovewritten bond, &c.

Now, &c. If the sd (obligor) his hrs, &c. do and shall from, &c. hraftr save, &c. (see last precedent) the sd (obligees) their hrs exs ads cestuique trust and ass of from and agst (a) all manner of actions suits and proceedings whatsr at law or in equity which shall or may be brought, &c. agst the sd (obligees) their, &c. And if the sd mortgage deeds shall at any time be found and the same be delivered up to the sd (obligees) (b) witht fraud or delay Then, &c.

Bond to Indemnify a Surety against the Penalties of a former Bond.

Obs. Without a bond of this description, called a counter-bond, a surety who pays the debt of his principal, is considered merely as a simple contract debtor. Toussaint v. Martinnant, 2 T. R. 100; Ex parte Cockshot, 3 B. C. C. 502.

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(a) In the case of title-deeds, say, agst all mtges and or. chas and incumbrances anywise affecting the sd messes and preses and agst all and evy psn and psns whomsr claiming any este right or title in or to the same or any pt thof.'

(b) In the case of title deeds, say, 'whole and uncancelled without fraud or delay.'

Know all, &c. That, &c. Whas the above-named Indemnity (surety) at the special instance and request of the abovebounden (obligor) is in and by a certain bond or, &c. Obligation. bearing even date herewith togr with the sd (obligor) Recitals. held and firmly bound unto E F of, &c. in the penal sum of £ being the only proper debt of the sd (obligor) with a condon there under-written for making void the same as in and by the sd in pt recited obligation and condon reference being thereto had will more fully appear And whas the sd (obligor) hath agrd to exte the above-written obligation for indemnifying the sd (surety) by reason of his having become surety as afd

day of

next ensu

Now, &c. That if the above-bounden (obligor) his Condition. hrs exs or ass do and shall well and truly pay or cause, &c. to be pd unto the sd E F his exs, &c. the sum of £with int for the same on the ing the date of the sd recited obligation according to the true intent and meaning of the condon there under-written and if the sd (obligor) his hrs, &c. shall and do from time to time and at all times hraftr save protect and keep harmless and indemnified the sd (surety) his hrs, &c. and his and their lds and tents goods and chattels of from and agst all costs chas and dams which he or they shall or may at any time hraftr, sustain or be put unto by reason or on acct of the sd in pt recited bond or obligation or any matter or thing relating thereto Then, &c.

Bond to indemnify one bound for the Obligor in a

Bail Bond.

Recital of former

Know all, &c. That, &c. Whas by a certain bond, Obligation. &c. bearing, &c. the sd (obligee) togr with the abovebounden (obligor) and anor. became bound unto I F, esq sheriff of, &c. in the penal sum of £— conditioned for the appearance of the sd (obligor) before, &c. at Westminster on next to answer AB in a plea, &c. as in, &c. will more fully appear

bond.

Now, &c. That if the above-bounden (obligor) shall Condition. appear according to the condon of the sd in pt recited bond to the sheriff and as the law requires And if he the sd (obligee) his hrs, &c. shall be saved harmless and kept indemnified by him the sd (obligor) his hrs, &c. and his and their lds, &c. of from and agst all and evy sum and sums of money costs chas dams and exps which he or any of them shall or may at any time pay sustain or be put unto by reason of the sd (obligee) being bound for the appearance of the sd (obligor) as afd Then, &c.

Indemnity

Obligation.

Recital of

suit.

Condition.

Obligation.

Recitals of will, &c.

Condition.

Bond to Indemnify against paying Rent where the
Title is in Question.

Know all, &c. That, &c. Whas there is a suit depending betn the above-bounden (obligor) and others touching the right and int in the dwelling-house of the sd (obligee) situate, &c. And whas the sd (obligee) hath agrd to pay the rent of the sd house to the sd (obligor) yrly as the same shall grow due upon his agreeing to indemnify him therefrom

Now, &c. if the sd (obligor) his, &c. do and shall well and truly pay, &c. all such rent sum and sums of money chas and dams whatsr as shall by due proceedings in law be adjudged or decreed agst him the sd (obligee) his, &c. and all or. costs and dams whatsr which he the sd (obligee) his exs, &c. shall sustain or be at by reason of any action suit or forfeiture whatsr which shall or may happen to the sd (obligee) his exs ads or ass by reason of paying the sd rent or any pt thof to the sd (obligor) his exs ads or ass in manner afd

Then, &c.

Bond by a Legatee to Indemnify Executors, in case there shall be a Deficiency of Assets.

Obs. If an executor voluntarily pay a legacy, he cannot compel the legatee to refund in case there is a deficiency of assets, unless the executor should prove insolvent. 2 Vern. 205.

Know all, &c. That, &c. Whas (recite will) And whas (recite death of testator and probate of the will) And whas the sd (executors) have consented to pay to the sd (legatee) his sd legacy or sum of £-upon his entering into the above-written obligation with such condon for making void the same as is hnaftr expssd

Now, &c. That if the above-bounden (obligor) his hrs, &c. within the space of days next after notice shall have been given him or them under the hands or hand of the sd (obligees) or the survor them or the exs, &c. of such survor that the personal este of the sd (testator) has proved insufficient to pay his just debts and funeral and testamentary exps togr with the sevl or. legacies given by his sd will do and shall well and truly repay or cause to be repaid to them the sd (obligees) or the survor, &c. the whole or such proportion of the sd legacy or sum of £- as in such notice shall be expssd And also do and shall from time to time, &c. save harmless, &c. for or by reason of their

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