FREEHOLDS AND COPY HOLDS FART CHASE MONEY REMAINING UNPAID. and take the rents, issues, and profits thereof, to and for his and their own use, for all the residue which shall be then to come of the said term of one thousand years, without OF THE PURany let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, of, from, or by the said C. D., his heirs, appointees, or assigns, or any other person or persons whatsoever, having or lawfully or equitably claiming, or to have or lawfully or equitably claim, any estate, right, title, or interest in, of, or to the same hereditaments and premises, or any of them, or any part or parts thereof; and also, that, in case of such default, as aforesaid, it shall be lawful for the said A. B., his heirs and assigns, at any time or times thereafter, into and upon all and every the said hereditaments and premises hereinbefore covenanted to be surrendered, or any of them, or any part or parts thereof, to enter, and the same from thenceforth, and at all times thereafter, peaceably and quietly to have, hold, occupy, and enjoy, and receive and take the rents, issues, and profits thereof, to and for his and their own use and benefit, without any let, suit, trouble, denial, eviction, interruption, claim, or demand whatsoever, as aforesaid; AND THAT, as free from well as to the said hereditaments and premises hereinbefore incumbrances. released or expressed, and intended so to be, as to the said hereditaments and premises hereinbefore covenanted to be surrendered, free and clear, and freely and clearly and absolutely acquitted, exonerated, and discharged, or otherwise, by the said C. D., his heirs, executors, or administrators, well and sufficiently saved, protected, kept harmless and indemnified, of, from, and against all and all manner of former and other estates, titles, troubles, charges, and incumbrances whatsoever: AND FURTHER, THAT HE THE SAID C. D., for further his heirs, appointees, and assigns, (and so far as relates to the said copyhold hereditaments, the said E. F., his heirs and assigns), and all and every other persons and person whomsoever, having or lawfully or equitably claiming, or who shall or may have or lawfully or equitably claim, any estate, right, title, or interest, of, in, or to the said hereditaments and premises hereinbefore released and covenanted to be surrendered respectively, or expressed and intended so to be, or any of them, or any part or parts thereof, shall and assurance. AND COPY OF THE PURCHASE-MONEY REMAINING UNPAID. FREEHOLDS will, from time to time and at all times hereafter, upon the HOLDS-PART request of the said A. B., his heirs, executors, administrators or assigns, but at the costs and charges of the said C. D., his heirs, executors, or administrators, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful acts, deeds, matters, things, conveyances, surrenders, admittances, and assurances in the law whatsoever, for the further, better, more perfectly and absolutely granting, conveying, and assuring all the said hereditaments and premises hereinbefore released, or expressed and intended so to be, unto the said A. B., his executors, administrators, and assigns, for all the residue which shall be then to come of the said term of one thousand years, and for surrendering and assuring all the said hereditaments and premises hereinbefore covenanted to be surrendered unto the said A. B., his heirs and assigns, in manner aforesaid, according to the true intent and meaning of these presents, as by the said A. B., his executors, administrators, heirs, or assigns, or his or their counsel in the law, shall be reasonably devised, or advised and required: PROVIDED NEVERTHELESS, and ment until de- it is hereby agreed and declared between and by the parties to these presents, that it shall be lawful for the said C. D. and E. F. respectively, and their respective heirs, appointees, and assigns, peaceably and quietly to have, hold, occupy, possess, and enjoy, all the said hereditaments herein before released and covenanted to be surrendered respectively, or expressed and intended so to be, and receive and take the rents, issues, and profits thereof respectively, to their own use respectively, until default shall be made in payment of the said sum of £1,040, or some part thereof, contrary to the aforesaid proviso and covenant for payment of the same, and the true intent of these presents, without any let, suit, trouble, interruption, or disturbance whatsoever, of, from, or by the said A. B., his executors, administrators, heirs, or assigns, or by any other person or persons whomsoever, lawfully claiming or to claim, by, from, or under him, them, or any of them (h). IN WITNESS, &c. Proviso for quiet enjoy fault. (h) The vendor mortgagee taking the freehold for a term only, will not XXXVII. ASSIGNMENT of LEASEHOLDS. LEASEHOLDS. THIS INDENTURE, made &c. BETWEEN A. B., of Parties. &c. [vendor], of the one part, and C. D., of &c. [purchaser], lease. of the other part: WHEREAS, by an indenture bearing date Recital of the day of and made, or expressed to be made, between E. F. of the one part, and G. H. of the other part, for the considerations therein mentioned, the said E. F. did demise unto the said G. H., his executors, administrators, and assigns, [parcels from the lease] (a), with their be entitled to the custody of the title deeds. (Ante, p. 45, note). The purchaser should, therefore, have covenanted with the vendor, to allow him to retain the title deeds. The covenant might be in the following form: "And the said C. D. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said A. B., his executors, administrators, and assigns, that he the said C. D., his heirs and assigns, shall and will, at all times hereafter, during the continuance of the said term of one thousand years, permit and suffer the said A. B., his executors, administrators, and assigns, to retain in their and his custody and possession all and singular the deeds, documents, muniments, and evidences of title, of or relating to the said hereditaments comprised in the said term of one thousand years, in the same manner, and with all the same powers and privileges concerning the same, as though the said A. B. were the legal owner of the freehold and inheritance of the same premises.' (a) In assignments of leaseholds, the parcels are always stated in the recital of the lease. (See ante, p. 209, n. (c).) If buildings have been erected on, or other alterations made in the property, subsequent to the lease, the fact should be recited. LEASEHOLDS. appurtenances: To HOLD the same unto the said G. H., his executors, administrators, and assigns, from the become vested in vendor. day of then last, for the term of years, at the yearly rent of £, and under and subject to the covenants, conditions, and agreements therein contained, and on the part of the lessee, his executors, administrators, and -of its having assigns to be observed and performed: AND WHEREAS, by divers mesne assignments and acts in the law, and ultimately by an indenture bearing date the day of, and made or expressed to be made between [parties], the said premises, comprised in the said indenture of the became vested in the said A. B. for the residue then to come of the said term of years (b): AND WHEREAS the said A. B. hath contracted and agreed with the said C. D., for the sale to him of the said hereditaments and premises comprised in the said indenture of the day of - [the lease], for the residue now to come of the said term of years, at or for the price or sum of £: NOW THIS INDENTURE WITNESSETH, -of contract for sale. Witnesseth Recital of title to leases. day of (b) This form of recital is generally employed, and is extremely useful, in assurances of estates and interests of which it is necessary to shew the creation, and yet the circumstances are such that the recitals of the title can be conveniently commenced at a subsequent period. The instrument to which the recitals may be thus brought down, is that one, which, if the estate were freehold, would form the commencement of the recitals (see the next Precedent); for it is properly considered that the intermediate assurances of the property are simply matter of title, and would not, if set forth, in anywise conduce to the understanding of the principal deed. The most familiar use of this recital is in assignments of leases and terms of years, but the form may be advantageously used in instruments relating to policies of assurance, and other similar interests. In dealing with long terms of years, it is absolutely necessary, for it would be practically impossible to recite the title to a long term from its creation. Of course the form is not to be indiscriminately applied in all cases. If the assignor in the principal deed is the immediate assignee or representative of the original lessee, it would be untrue and absurd to say that the terms had passed by divers mesne assignments and acts in the law; and so, if it happen that the term has passed from one to another solely by assignments, or solely by acts in the law, it is incorrect to state that it has passed by assignments and acts in the law. The form must be used with due regard to the circumstances of the case. LEASEHOLDS. that, in pursuance of the said agreement, and in consideration, &c. [see supra, p. 194]: He the said A. B. hath assigned, and by these presents doth assign (c) unto the said C. D., his executors, administrators, and assigns: ALL Parcels. THOSE the said [messuages, pieces of land, &c., as the case may be], hereditaments and premises by the said indenture of the day of, [the lease], demised or expressed, and intended so to be (d), with their rights, easements, and appurtenances: AND ALL THE ESTATE, right, title, And all the interest, property, possibility, claim, and demand what- estate. soever, both at law and in equity, of him the said A. B., of, in, to, out of, or upon, the same premises, or any of them, or any part thereof: To HAVE AND TO HOLD the said Habendum. [messuages, pieces of land, &c., as the case may be], and hereditaments, and all and singular other the premises herein before assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators, and To purchaser. assigns, henceforth, for the residue now to come of the said term of years (e), at the rent, and under and subject (c) With respect to the use of "assign," as the only operative word, see ante, p. 196, n. (i). The words "assign, transfer, and set over," or "bargain, sell, assign, transfer, and set over," are often employed to lengthen the form. (d) It is not usual to insert general words in assignments of leaseholds, because it is considered that the lease contains them, and the assignment is of nothing more than is contained in the leases. But, in some cases, and especially in assignments of old leases, or of building leases, new general words may be appropriately employed, because, in the course of time, or by alterations in the property itself, or in the neighbourhood, new rights and easements may have been acquired. If buildings, or machinery, or the like, have been erected on the property since the lease, it is well to notice them in the witnessing part, as well as in the recitals. (See supra, n. (a).) The form is "Together with all those [messuages, &c., as the case may be], herein before mentioned to have been erected and built upon the said piece or parcel of land," or to that effect, as nearly as circumstances permit. (e) The length of the deed is often increased by the use of the expression, "for all the rest, residue, and remainder, now to come and General words in assignment of leaseholds. |