Witnesseth. Assign ment. Parcels. PREC. LXIX. contracted with the sd A. for the absolute pchase of the reversion of the sd sum of £- - Annuities to which the sd A. is entled, subjt to the life interest of the sd M. therein, and contingently on his surviving her as afsd, and subjt to the legacy duty which will become payable thereon in that event, for the sum of £; AND WHAS upon the treaty for the sd pchase it was agrd that these presents should contain such covenants and provons as are hinafter contd: NOW THIS INDRE WITNETH that in psuance of the sd agreemt, consideration, (the rect, &c.), the sd A., as beneficial owner (see p. 406, note) doth hby assign unto the sd B. his exs, ads, and assigns, ALL THAT the sd sum of £, Annuities, to which under the sd will of the sd Y. the sd A. is entled in reversion expectant upon the decease of the sd M., and contingently on his surviving her, as hinbefore mentd; AND ALL and every the stocks, funds, and secs, moneys and ppty which by means of any sale or change of investmt or otherwise may from time to time represent the sd sum of £, Annuities, or any pt thof; AND ALL the dividends, interest, and income of the sd premes, subjt to the life interest of the sd M. therein, and the full benefit of the sd respive premes, and of all powers and remedies for the recovery and obtaining paymt and transfer thof, omitting estate clause, see p. 359; To HOLD the premes hby assigned UNTO the sd B., his exs, ads, and assigns absolutely, SUBJT to the legacy duty to become payable upon the decease of the sd M. in respect of the sd reversionary interest of the sd A. in the event of his surviving Covenants her; Covenants by A. with B., his executors, administrators, and assigns, that the sd A., his exs, or ads will as often as the sd M. shall remove or change her place of abode, or in case of the death of the sd M., forthwith give notice thof in writ Haben dum. Subject to legacy duty. by A. to give notice of death, &c., of M. day of it was on the application of on the sd ing to the sd B., his exs, ads, or assigns: to enable B. to PREC. LXIX. assure A.'s life, p. 396, to give certain notices, p. 397. day order. If the fund is in court add, AND THE sd A. doth hby Power to empower the sd B., his exs, ads, or assigns, at his or their obtain stop own cost, to apply for and obtain an order in the sd cause, or," matter," [discharging the recited order of the of, the existing stop order, if any, and in lieu thof to apply for and obtain an order] that no pt of the sd sum of £ Annuities shall be sold, transferred, or dealt with without notice to the sd B., and upon such application to use the name of the sd A. as concurring in or consenting to the same. Covenant by B. to pay legacy duty, p. 396. IN WITNESS, &c. LXX. DEED of COVENANT, STATUTORY or EXPRESS, by a PREC. LXX. of TITLE to a PURCHASER. VARIATIONS for several PARTIES, Vendor or vendors, 1; Purchaser or purchasers, 2. WHAS by an indre bearing even date with and executed Recitals. before these presents, and expd to be made between, &c., in psuance of an agreemt for sale therein mentd, certain and hereds situate in the parish of and county of have been conveyed to the use of the sd, purchaser or purchasers, [unto the sd, purchaser or purchasers, for the residue of a term of years created by an indre of lease dated, &c., and expd to be made, &c.]; Recital introductory to covenant for production of deeds, p. 341; NOW THIS WitINDRE WITNETH that in psuance of the sd agreemt, nesseth and in conson of the premes, statutory acknowledgment and undertaking, p. 391, form IV., or express covenant, p. 386, PREC. LXX. form I.; [for trustees, or mortgagees, statutory acknowledg ment omitting or qualifying the undertaking, p. 391, form IV., or express covenant, p. 390, form II.] (a) IN WITNESS, &c. Schedule. PREC. LXXI, Recitals. Witnesseth. As to taking OPTERAZİ LXXI. COVENANT for PRODUCTION, statutory or express, where there are SEVERAL SETS of COVENANTING PARTIES, some of whom are TRUSTEES. PARTIES, A., one covenanting party, 1; B. and C., trustees, other covenanting parties, 2; D., purchaser, 3. Recite conreyance of even date to D., see last precedent; Recital introductory to covenant, p. 341; NOW THIS INDRE WITNETH that, in psuance of the sd agreemt and in conson of the premes, &c., statutory acknowledgment and undertaking by A. as to documents in first schedule, and acknowledgment [and undertaking] by B. and C. as to documents in second schedule, see p. 392, form V., or express covenants, see p. 390, form III. IN WITNESS, &c. Tico Schedules. (1) See p. 386, note a'. The covenant for production was often taken by a separate deod, especially where it comprised documents which it might be desirable to keep of the title : see 1 Dav. Prec., Egh Introd. Conv., 139. for geodie But as requisitions as to domments prior to the commencement of the title are now precluded in almost every case by the contract or the Conv. Act, 1891, s. 3. 3, there can seldom be any advantage in taking the ovenant by a separate instrument, except where it is to be entered into by third parties wir azot be made parties to the recrepine witbeat extra expense, or where the insertion of the covenant in the conveyance wield delay the completion of the sale, eg, where the deeds are delivered to the parchaser of mother die who is to give the covenant. The statutory acknowledgment and TUTTLES TAy be by writing na under seal : see $87, mote. LXXII. PREC. COVENANT, statutory or express, by PURCHASER to PRODUCE DEEDS to VENDOR, and INDEMNIFY him LXXII. against LIABILITY under COVENANTS for production entered into by his TESTATOR. ance. purchaser. liable PARTIES, A., purchaser, 1; B., vendor, 2. Recite convey- Recitals. ance of even date by B. to A. " of certain hereds, &c., which Conveyformed pt of the trust este vested in the sd B. as the tree of the will of C., of, &c., deceased," see Precedent LXX.; AND WHAS the deeds and munimts specified in the schedule Deeds delihto, which relate to the hereds comprd in the hinbefore vered to recited indre, and which were in the possion of the sd B. as tree or exor of the will of the sd C., have been delivered by the sd B. to the sd A. as he doth hby acknowledge; AND Vendor WHAS the sd B., as tree or exor of the sd C., may be under under coveliability in respect of divers deeds of covenant entered into nants to by the sd C. for the production and furnishing copies of, or otherwise in relation to the sd deeds and munimts or some of them, and the sd A. has agrd to enter into such covenant as is hinafter contd for indemnifying the sd B. in respect of such liabilities; AND WHAS the deeds and munimts specified Certain in the first pt of the schedule hto relate as well to the hereds relate to assured by the hinbefore recited indre as to other hereds other property of forming pt of the trust este under the sd will of the sd C., vendor. and the sd A. has agrd to give such acknowledgmt and undertaking [covenant] as to the production and safe custody thof as is hinafter contd: NOW THIS INDRE WIT- Wit produce. deeds NETH that, in psuance of the sd agreemt in this behalf nesseth. and in conson of the premes, the sd A. doth hby for himself and his assigns, covenant with the sd B., his hrs, exs, ads, Covenant and assigns, that he the sd A., his hrs, exs, ads, or assigns, to indem will at all times duly observe and perform all the covenants nify. at any time entered into by the sd C. with any pson or psons for the production and furnishing copies of, or other PREC. LXXII. wise in relation to, any of the deeds and munimts specified Schedule in two parts. PREC. LXXIII. Recitals. ance. Covenant by vendor LXXIII. SUBSTITUTED deed of COVENANT for Production. PARTIES, A. B. and C., 1; D., 2.; E., 3. WHAS by an indre dated, &c., and expd to be made between the sd D. of the one pt and the sd E. of the other pt, for the consons therein mentd, a certain messuage or tenemt and hereds situate at in the county of were conveyed by the sd D. to the sd E., his hrs and assigns: AND WHAS by the to produce. sd indre the sd D. covenanted with the sd E. to produce and furnish copies of a certain deed of conveyance, dated, &c., and expd, &c., in support of the title of the sd E.: AND WHAS the sd D. has recently sold the remaining portion of maining property, the hereds and premes comprd in the sd deed of conveyance of &c., to the sd A., B., and C., and the same deed of consubstituted veyance has been delivered over to the sd A., B., and C., covenant. upon the terms of their giving such acknowledgmt and Sale of re and agree ment for Wit. nesseth undertaking [covenant] as is hinafter contd to the sd E., in substitution for and in exoneration of the liability existing under the sd covenant of the sd D. contd in the hinbefore recited indre for the production and furnishing copies and safe custody of the sd deed of conveyance: NOW THIS |