PREC. XLV.

for sale.

Witnesseth.

XLV.

ASSIGNMENT of a BUILDING AGREEMENT.

Recitals. PARTIES, A., vendor, 1; B., purchaser, 2. Recite agreement Building by K. to grant a lease or leases to A. "of certain pieces of agreement. land therein described, situate at, &c., for the term of years from the day of at the yearly rent or rents. therein mentd, and subjt to the covenants by the sd A., and stipulations therein contd for building messuages on the sd pieces of land, and executing works relative thto, and otherCommence- wise as therein mentd." AND WHAS the sd. A. has comment of menced the erection of buildings and other works on the sd buildings. Agreement lands, psuant to the sd agreemt. AND WHAS the sd A. has agrd with the sd B. for the sale to him for the sum of £of the benefit of the sd agreemt, togr with the materials and plant hby assigned (a). NOW THIS INDRE WITNETH that in psuance, &c., consideration (the rect, &c.), the sd A., as beneficial owner (see p. 406, note), doth hby assign and transfer unto the sd B., his exs, ads, and assigns, ALL THAT the hinbefore recited agreemt of, &c., and all benefit thof; AND also all materials and plant belonging to the sd A., and now being on the land comprd in the sd agreemt and used or intd to be used for the pposes of the buildings and works therein mentd, TO HOLD the same UNTO the sd B., his exs, Power of ads, and assigns. Appointment by A. of B., "his exs, ads, attorney. and assigns," the attorney and attornies of A., p. 176, "to give notices under the sd agreemt," to give receipts, p. 177, form v., for moneys, "which shall become payable to the sd A., under the sd agreemt; AND ALSO in case and when he or they shall think proper to procure any such lease or leases as afsd to be granted to the sd A., his exs, ads, or assigns,

Assignment of

agreement.

Plant, &c.

any

(a) If the license of the freeholder is required to the assignment the variations in the recitals will be similar to those in the assignment of a lease, p. 413, note (a).

PREC. XLV.

or to such other pson or psons as the sd B., his exs, ads, or assigns, shall think fit, of all or any pt of the sd premes comprd in the sd agreemt, at such rent or rents, and under and subjt to such covenants and agreemts as he or they shall think proper, and in case such lease or leases shall be so granted to execute a counterpart thof and to assign the same lease or leases to such pson or psons as he or they shall think fit, and generally to act in the premes as to him or them shall seem proper. Covenant by B. with A., Covenant by purthat he, the sd B., his exs, ads, or assigns, will perform and observe the agreemts on the part of the sd A. contd in the indemnify sd agreemt of, &c., and the covenants and agreemts on the part of the lessee, and condons to be contd in the lease or leases to be granted as afsd, continue covenants for indemnity of A., p. 393, saying, "the rent or rents to be reserved by the sd lease or leases."

IN WITNESS, &c. (b).

chaser to

vendor.

XLVI.

CONVEYANCE of FREEHOLDS to PARTNERS on a SALE PREC. XLVI.
by AUCTION by order of the CHANCERY DIVISION in
an administration action. VARIATIONS for a sale
by PRIVATE CONTRACT, and where the LEGAL
ESTATE is outstanding in an INFANT. APPORTION-
MENT of RENT where the property is subject with
other land to a lease at an entire rent. APPORTION-
MENT also of TITHE RENT CHARGE.

PARTIES, A., person having legal estate [or appointed to convey], 1; B. and C., purchasers, "carrying on business in

(b) Notice of this assignment to be given to K.

PREC. XLVI. co-partnership together as

Recitals.

Action.

under the firm of at," 2. Recite death and intestacy of X., seised of "C the and hereds hby granted," leaving A. [N., the infant], his heir-at-law, and grant of administration, or, recite the will of X. devising the hereditaments to A. [N.] in fee simple, and death of X. and probate, p. 327: AND WHAS on the day of an action was instituted in the Chancery Division of the High Court of Justice, in which K. was plaintiff, and L., M., and the sd A. [N.] were defendants, for the ppose of having the este of the sd X. administered under the direction of the sd Court: Order for AND WHAS by an order made by, judge, on the further conson of the sd action, it was amongst other things ordered that the real este of the sd intestate [testator] should be sold, and that the pchase-money should be paid into Court to the credit of the sd action, the account of -: [AND WHAS, in psuance of the sd order, recite sale by auction to B. and C., p. 338, and the sd B. and C. thereupon paid the sum of £ as a deposit, and in part paymt of L., the pson appointed by the sd

sale.

Sale by auction.

sale certified.

Sale by private

contract.

the pchase-money to

day

day

Result of judge to receive the same: AND WHAS the chief clerk of the
sd judge certified the result of the sd sale on the
of- and his certificate was duly signed by the sd judge,
and filed in the sd action]; [or, AND WHAS, in psuance of the
sd order, by an agreemt in writing, dated the-
of, and expd to be made between L., the pson
having the conduct of the sale of the sd real este of the
one part, and the sd B. and C. of the other part, the sd
L. agrd, subjt to the approval of the sd judge, for the
sale of the hereds hby granted to the sd B. and C., subjt as
hinafter mentd, for the sum of £

was paid by the sd B. and C. to the
the execution of the sd agreemt.

Confirma- made in the sd action on the

tion by Court.

Payment

whof the sum of £sd L. as a deposit upon AND WHAS by an order

day of

by the sd

judge, the sd conditional contract of the
was confirmed and ordered to be carried into effect:] AND

day of

into Court. WHAS the sd L. paid the sd sum of £, the deposit, on

the day of, into Court, to the credit of the sd action the account afsd: AND WHAS it was stipulated upon

PREC.

XLVI.

for appor

of rent.

payment

the sd sale that the rent payable by the tenant of the sd Agreement premes under the lease hinafter mentd (which comprises tionment other hereds), should be apportioned in manner hinafter expd, and that the sd premes should be subjt to such apportioned tithe rent charge as is hinafter mentd: AND WHAS by an Order for order made in the sd action (a) on the day of by of balance ordered that the sd B. and C. should into court. day of pay into Court to the credit of the sd action the account, &c., the sum of £, being the balance of the pchase-money for the sd premes after deducting the sd sum of £

the sd judge, it was on or before the

paid as a deposit

thby further ordered that on such paymt

proper pties should join in and execute a proper conveyance of the sd premes to the sd B. and C., or as they should direct (b): AND WHAS in psance of the last recited order the Payment sd B. and C., on the

of £

day of

paid the sd sum into Court to the credit of the sd action the

into court.

(a) Where the legal estate is in N., the infant, add, "and in the Variations matter of the Trustee Act, 1850, and the Act 15 & 16 Vict. c. 55."

(b) In the case mentioned in the preceding note, say, "Such conveyance to be settled by the judge, and the judge being of opinion that the sd N. was seised of or entled to the sd hereds and premes upon trust within the meaning of the sd acts or one of them, and it appearing that the sd N. was an infant, the sd judge appointed the sd A. to convey the sd premes to the sd B. and C. or as they should direct for the este therein of the sd N."

As to the case where the legal estate is in a tenant in tail, see Dav. Prec., Vol. II., pt. 2, 490, note. The clause in the Trustee Extension Act, s. 1, as to appointing a person to convey is not confined to persons under disability, Beckett v. Sutton, 19 Ch. D. 646.

where legal
estate is
in infant.

PREC.

XLVI.

Witnesseth.

account afsd: AND WHAS the sd C. and B. are desirous that the sd hereds should be conveyed to them in manner hinafter mentd: (c) NOW THIS INDRE WITNETH that in obedience to the sd order, and for effectuating the sd sale, and in conson of the sum of £, the whole purchasemoney and interest, if any, so paid by the sd B. and C. as afsd, and of the premes, the sd A. under the hinbefore recited order of, &c. (d), doth hby grant unto the sd B. and C., their hrs and assigns, parcels, p. 344, omitting general words and estate clause, see pp. 357, 359: habendum subject to lease, with apportionment of rent and of tithe rent charge, p. 360, to B. and C. as partnership property, p. 364. [Acknowledgment and undertaking as to muniments, p. 391]. IN WITNESS, &c.

PREC. XLVII.

Recitals.

XLVII.

CONVEYANCE of a PLOT of BUILDING LAND with EASEMENTS to two PERSONS as JOINT TENANTS. RESTRICTIVE COVENANTS by the purchasers as to BUILDING and USER of the land. VARIATIONS where there are MUTUAL COVENANTS by the VENDOR and PURCHASERS, and where the restrictive STIPULATIONS are comprised in SCHEDULES.

PARTIES, A., vendor, 1; B. & C., purchasers. 2. WHAS, Contract. the sd A. has contracted with the sd B. and C. for the

Variation

(c) In the case mentioned in note (a), say, “AND WHAS these prewhere legal sents have been settled and approved as a proper conveyance psuant to the sd order as appears by the signature of the chief clerk of the sd judge in the margin hereof."

estate is

in infant.

(d) See p. 366, note. In sales by trustees under the Court the persons beneficially interested cannot be required to enter into covenants for title. See Cottrell v. Cottrell, L. R. 2 Eq. 330.