rolls of the sd manor to the sd C., his hrs or assigns, any law or usage to the contrary notwithstanding."]

PREC. XXXVII

IN WITNESS, &c.

XXXVIII.

ASSIGNMENT of LEASEHOLDS held under SEVERAL
LEASES by a TRUSTEE for CREDITORS under a
LIQUIDATION by ARRANGEMENT, with the CONCUR-
RENCE of the DEBTOR (a), to TENANTS in COMMON:
a MORTGAGE to a BUILDING SOCIETY being paid off
out of the PURCHASE-MONEY. VARIATIONS where
the Mortgage was made to a SOCIETY formed under
the repealed BUILDING SOCIETIES ACT, and since
INCORPORATED under the BUILDING SOCIETIES ACT,

1874.

PREC. XXXVIII.

PARTIES, A., trustee for creditors, 1; B., debtor, 2; C. and Recitals. D., purchasers, 3. Recite leases, p. 325; Devolution of title to the debtor, p. 326; Mortgage, p. 320, and further charge, p. 323, to [the trustees of] a benefit building society: Resolution that the affairs of B. should be liquidated by arrangement, and appointment of A. as trustee without a committee of inspection, p. 336: AND WHAS by order of the sd A., the Sale by premes demised by the sd respive hinbefore recited leases, togr with other ppty, were, on the day of, put up for sale by public auction at, &c., in several lots, whof lots comprd the sd respive leasehd premes, and at such sale the sd C. was the highest bidder for and was decld the pchaser of lots for the sum of AND WHAS the sd C. bid at the sd sale on behalf of himself

:

(a) See the Bankruptcy Act, 1869, 32 & 33 Vic. c. 71, s. 125, 127. The debtor's concurrence is of course not necessary; compare Precedent XIX.

auction.

PREC. XXXVIII.

off of mort

gage to

building society.

Witnesseth.

and the sd D., and the sd C. and D. are desirous that the sd premes shall be assigned to them as tenants in common Payment in mner hinafter appearing: [AND WHAS the sd Building Society was on the day of incorporated under the Building Societies Act, 1874]; AND WHAS the sum of £, being the amount due to the sd Building Society under their sd respive mtge secs has, at the request of the sd A. and B., been paid by the sd C. and D. to [the trees of] the sd Society, and the sd mtge secs have been vacated by a statutory rect for the sd sum of £, dated, &c., endorsed on the sd indre of mtge of, &c., and signed by the sd trees, or, "under the seal of the sd Building Society, countersigned by the secretary [manager]" (b); Agreement of B. to concur, p. 340: NOW THIS INDRE WITNETH THAT for carrying the sd sale into effect, and in psuance of the sd respive agreemts, and in conson of the sum of £ paid by the sd C. and D. in mner following, namely, L- part thof to the [sd trees of the] sd Building Society in mner afsd, and the sum of £- the residue thof to the sd A., (the which respive sums of £ sd pchase-money of £acknowledge), the sd A. as tree (c), doth hby assign, and the sd B., as beneficial owner (c), at the request of the sd A. doth hby assign and confirm unto the sd C. and D. their exs, ads, and assigns, Parcels by reference to leases, p. 347, omitting general words and estate clause, see pp. 357, 359: TO HOLD all the sd hereds and premes hby assigned UNTO the sd C. and D., their exs, ads, and assigns, as tenants in common in equal shares henceforth for all the residue now

Assignment.

Пabendum.

Reconvey. ance of

paymt and rect in mner afsd of

and £- making togr the the sd A. and B. do resply hby

(b) See 6 & 7 Wm. IV. c. 32, s. 5, 37 & 38 Vic. c. 42, s. 42, and 38 & 39 Vic. c. 9. Owing to the doubts which have arisen as to the effect of the mortgage statutory receipt on redemption (see the references above, p. 256, note), an to building express re-conveyance is sometimes taken to ensure getting the legal estate. society. As to the vesting of property held in trust for a society incorporated under 37 & 38 Vic. c. 42, see that Act s. 27, and 40 & 41 Vic. c. 63, s. 4.

(c See p. 366, note.

unexpired of the sd respive terms of years granted by the sd respive indres of lease, subjt nevertheless to the paymt of the respive rents, and the performance and observance of the covenants and agreemts on the pt of the respive lessees and condons by and in the sd respive indres of lease reserved and contd; Covenants by C. and D., jointly and severally with A., if he is under any liability, and also as separate covenants with B. for indemnity against rent and covenants of leases, p. 394, form 11. (d).

IN WITNESS, &c.

PRE".

XXXVIII.

XXXIX.

ASSIGNMENT by HUSBAND and WIFE and a MORT-
GAGEE of RENEWABLE LEASEHOLDS to which the
HUSBAND is entitled in RIGHT of his WIFE (a)
under a will, the EXECUTOR concurring to ASSENT
to the bequest.

PREC.

XXXIX.

PARTIES, A., husband, "and B. his wife," 1; C., mortgagee, 2; Recitals. D., executor, 3; E., purchaser, 4. Recite lease to X.: Will of X. bequeathing leaseholds to B. before her marriage, death and probate, p. 333; AND WHAS it has been the custom that the sd Custom lease should be renewed at the expiration of every- year lease. on paymt to the lessor of a fine and usual fees: AND WHAS the sd A. intermarried with the sd B. on the day of

to renew

Recite mortgage by A. and B. to C., p. 320: AND WHAS the sd Contract. A., with the approbation of the sd B., has contracted with the sd E. for the absolute sale to him of the sd leasehd premes

(d) As to this covenant, see Dart, V. & P. 558; above, p. 393, note. (a) The concurrence of the wife is usual in an assignment of her leaseholds, Concur though it is not absolutely necessary except where her interest is equitable rence of only, in which case she must concur to release her equity to a settlement wife in and acknowledge the deed; Dart. V. & P. 9.

assignment of her

leaseholds.

PREC. XXXIX.

Witnesscth.

for the residue of the sd term, and all other the este and
interest of the sd A. and B., or either of them therein for
the sum of £; State of mortgage debt and agreement of C.
to concur, p. 340; Agreement of D. to concur, p. 340, form
XIX. NOW THIS INDRE WITNETH that in psuance,
&c., and in conson, &c. (the rect, &c.), (£ being paid to

C. by the direction of A. and B. "with the privity of the sd
D.," and £ being paid to A. "with the like privity,") the
sd C. as mtgee (b) at the request of the sd A. and B. doth hby
assign, and the sd D. as personal representative of the sd
X. deceased (b) at the like request doth hby assign and con-
firm, and each of them the sd A. and B. as beneficial owner (b)
doth hby assign and confirm unto the sd. E., his exs, ads,
and assigns, parcels, p. 347, with the benefit of all such
right or claim to the renewal of the sd lease as may be sub-
sisting, omitting general words and estate clause, see pp. 357,
359; Habendum to E., p. 362, form XIII., free from mort-
gage, form VIII. Covenant by E. with A., and separately
with D., to pay rent, &c., and indemnify "the sd A. and B.,
and each of them, their and each of their hrs, exs, and ads,
and also the sd D. his hrs, exs, and ads, and the este and
effects of the sd X. deceased," p. 393. [Acknowledgment
and undertaking by A. and B. as to deeds, p. 391 (c).]
IN WITNESS, &c.

(b) See p. 366, note, and p. 417, note.

(c) See p. 386, note; p. 443, note (b); p. 444, note (d).

XL.

ASSIGNMENT of PART of the Property comprised in PREC. XL.
a LEASE at an APPORTIONED RENT. Mutual Cove-

NANTS and Cross POWERS of DISTRESS, to secure
PAYMENT of the apportioned parts of the RENT.

ment.

nesseth.

PARTIES, A., vendor, 1; B., purchaser, 2. Recite lease, Recitals. p. 325, of "the hereds hby assigned, togr with other hereds;" Agreement for sale, p. 337, of, “the and hereds Agreehby assigned, being pt of the premes demised by the sd indre of lease, subjt to the yearly rent of £, pt of the sd yearly rent of £, and to the covenants by the lessee and condons contd in the sd indre of lease, and henceforth to be performed and observed in respect of the same premes: And it has been agrd that the rent of £, being the residue of the sd rent of £-, shall henceforth be paid by the sd A., in respect of the demised premes retained by him, and that these presents shall contain the covenants and powers hinafter contd: NOW THIS INDRE, &c., consi- Witderation, (the rect, &c.), assignment by A." as beneficial owner" (see p. 366, note) to B., his exs, ads, and assigns, parcels set out fully, following as nearly as may be the description in the lease, "being pt of the hereds and premes comprd in and demised by the hinbefore recited indre of lease," omitting the general words and estate clause, see pp. 357, 359; Habendum HabenUNTO the sd B., his exs, ads, and assigns, henceforth for the residue now unexpired of the sd term of years, subject to the paymt of the yearly rent of £being an apportioned pt of the sd rent of £ reserved by the sd indre of lease, and to the covenants by the lessee and condons therein contd and henceforth to be performed and observed in respect of the premes hby assigned; Covenant by A. for payment of his apportioned part of rent and performance of covenants in the lease affecting property retained, and for the indemnity of B., " and the hereds and

dum.