before contd, the [pchaser or pchasers] mtgee or mtgees shall not be bound to enquire as to the necessity or occasion for raising any money for the pposes aforesd, or to see to the application of his or their [pchase or] mtge money, and any such mtge may be made with a power of sale and with such other provons for the benefit of the mtgee or mtgees or Declaration otherwise as may be deemed expedient: AND IT IS HBY incorporat- decld that the same covenants shall be deemed to be hby ing statuimplied on the pt of the sd A. as if these presents had been a conveyance by way of mtge and the sd A. had been expd to bargain, sell, and demise the premes hby bargained, sold, and demised as beneficial owner (d).

tory cove

nants.

IN WITNESS, &c.

Recitals.

Covenants for title.

II.

DEED of DECLARATION of TRUST of a sum of CONSOLS
produced by INVESTMENT of part of PURCHASE-
MONEYS for INDEMNIFYING the purchaser against a
CONTINGENT EQUITABLE CHARGE.

PARTIES, A., vendor, 1; B., purchaser, 2; C. and D., trustees, 3. WHAS the sd A. lately entered into a contract for

66

66

(d) Probably this is a "within the Conv. Act, 1881, s. 2, so that mortgage" the insertion of the words as beneficial owner would imply the covenants for title under s. 7 (1) (C.) of the Act, see MORTGAGES; but to avoid question the statutory covenants are expressly incorporated. If express covenants were inserted they would be for right to "bargain, sell, and demise,' "" and that if any claim or demand as afsd shall be made, and shall not be satisfied, togr with all such moneys, damages, costs and expenses as afsd, within the space of three calendar months next after the same shall be made, paid, or incurred," for quiet enjoyment, free from incumbrances, and further assurance, the covenants being similar to those in a mortgage of leaseholds; see MORTGAGES. The trustees' receipt clause and power to appoint new trustees (for forms of which see SETTLEMENTS) are omitted, in reliance on the Conv. Act, 1881, ss. 31, 36.

the sale to the sd B. of certain hereds situate in the parish Contract

for sale.

notice of

entitled to

charge.

sum of £; AND WHAS during the investigation of the Purchaser title the sd B. received notice of a contingent equitable received charge on the sd este of the sum of £, raisable contingent equitable with interest, and payable to such child or children of the charge. late L. as shall attain the age of twenty-one years; AND Persons WHAS the sd L. had two children only, namely M. and N., who are minors of the respive ages of years and years or thereabouts; AND WHAS it has been agrd that, Agreement for the ppose of indemnifying the sd B., his hrs and for indemnifying assigns, and the sd hereds contracted to be sold to him as purchaser. aforesd, against the sd contingent charge of £— and interest, in case the same shall become raisable and payable, and from all claims in respect thof, a sum of £, pt of the sd pchase-money of £, should be invested in the names of the sd C., a tree nominated by the sd A., and of the sd D., a tree nominated by the sd B., upon such trusts as are hinafter decld concerning the same, and that the sd A. should enter into the covenants hinafter contd; Recite conveyance of even date of," the sd hereds forming pt of the

money.

este," to B.; AND WHAS immediately before the execu- Investment of part of tion of these presents, the sd B. has, with the privity and the purapprobation of the sd A., invested the sum of £, pt of chasethe sd pchase-money which in the sd conveyance is stated to have been paid to the sd A., in the pchase of the sum of Consolidated £3 per Cent. Annuities in the names of the sd C. and D. NOW THIS INDRE WITNETH that in Wit

£

nesseth.

further psuance of the sd recited agreemt and in conson of Declarathe premes, it is hby agrd and decld that the sd C. and D., tion of their exs and ads, shall stand possessed of the sd sum trust. of £ Annuities upon the trusts and for the pposes hinafter decld concerning the same, that is to say, UPON To indemTRUST to keep indemnified the sd hereds comprd in and conveyed by the sd indre of even date herewith and every pt

nify purchaser.

Subject thereto to

pay inte

rest to vendor.

If no claim

arises.

thof, and the sd B., his hrs and assigns, in respect thof,
from and against all and every pt of the sd sum of £-
and interest charged thereon, and raisable and payable in
the events aforesd, and also from and against all and every
sum and sums of money, costs, charges, and expenses,
which the sd B., his hrs, exs, ads, or assigns, may at any
time hereafter incur or become liable to pay by reason or in
consequence of any claims, demands, actions, or other pro-
ceedings, to be made or instituted at any time or times here-
after by the sd M. and N., or either of them, or the cxs, ads,
or assigns, of either of them, in respect of the sd sum of
L- and interest, or any pt thof; and in case the sd B.,
his hrs, exs, ads, or assigns, or any of them shall, in respect
of the hereds comprd in the sd indre of even date herewith,
or any pt or pts thof, incur or become liable to pay the sd
sum of £ and interest, or any pt thof resply, or any
such costs, charges, or expenses as afsd, then and from
time to time and so often as the same shall happen, at the
request of the sd B., his hrs, exs, ads, or assigns, by and
out of the dividends of the sd Annuities, or by the sale of
the same, or a competent pt thof, to pay and satisfy the sum
of money, with interest, which the sd B., his hrs, exs, ads,
or assigns, shall so incur or become liable to pay, togr with
such costs, charges, and expenses as aforesd, and all ex-
penses of raising the same and carrying the present trusts
into effect, and subjt to the trusts aforesd shall stand
possessed of the sd sum of £ Annuities and the divi-

dends thof IN TRUST for the sd A., his exs, ads, and
assigns; AND UNTIL such request as last afsd shall be made
shall permit him and them to receive the dividends of the
sd sum of £- - Annuities; AND IN CASE no such claim,
demand, action, or other proceeding as aforesd, shall be
made or instituted before the day of in the year
-, i.e., twelve years from the day when the younger child
will attain the age of twenty-one (a), or in case the sd M. and

(a) See the Real Property Limitation Act, 1874, s. 8.

to vendor.

N. shall both die without having attained the age of twentyone years, or both or either of them the sd M. and N. shall attain the age of twenty-one years, and the sd A., his exs or ads, shall pay to them or him (as the case may be), or to their or his exs or ads, the sd sum of £- togr with such interest as may become payable thereon, and shall also pay to the sd B., his hrs, exs, ads, or assigns, all costs, charges, and expenses which he or they may have incurred or become liable to pay by reason or in consequence of any such claims, demands, actions, or proceedings as aforesd: THEN UPON To transfer TRUST to transfer the sd sum of £ - Annuities, or so much thof as shall not have been sold or disposed of for the pposes aforesd, or any of them, to the sd A., his exs, ads, or assigns, for his or their own benefit: AND THIS INDRE ALSO WITNETH that in further psuance of the Further sd agreemt, and in conson of the premes the sd A. doth hby charge the sd sum of £———— and interest (in the events in which the same will become raisable and payable as aforesd) vendor on the remaining portion of the sdeste, in exoneration mainder of of the sd hereds comprd in the sd indre of even date here- estate, with: AND DOTH hby covenant with the sd B., his hrs and and coveassigns, that he the sd A., his hrs, exs, and ads, will nant for indemnity. effectually keep indemnified the sd B., his hrs, exs, ads, and assigns, and also the sd hereds comprd in the sd indre of even date herewith from the sd sum of £- and interest, and every pt thof, and from all such costs, charges, and expenses, claims, demands, actions, and proceedings, as afsd (b).

IN WITNESS, &c.

(b) The power to appoint new trustees (see SETTLEMENTS) is omitted in reliance on the Conv. Act, 1881, s. 31.

witnesseth.

Charge by

on re

Recital of
creation
of rent-
charge.

to A. of

the rentcharge with other

bereditaments.

for sale and

III.

INDEMNITY to a Purchaser against a PERPETUAL

RENT-CHARGE by the CREATION of another RENT

CHARGE out of part of the property subject to the original rent-charge.

PARTIES, A., vendor, 1; B., purchaser, 2: WHAS by an indre, &c., the hereds described in the first and second schedules hto were charged with a perpetual yearly rentcharge of £— for the benefit of C., his hrs and assigns, and certain powers and remedies were thby given to the sd Conveyance C. for securing the sd rent-charge; AND WHAS by an indre, the lands &c., the hereds specified in the sd schedules hto were, togr subject to with other hereds, assured (but subject as to the sd hereds specified in the sd schedules hto to the sd yearly rent-charge of £-), to the use of the sd A., his hrs and assigns; AND WHAS the sd A. has contracted for the sale of the sd hereds Contract described in the sd first schedule to the sd B., and upon the indemnity. treaty for the sd sale it was agrd that the sd A. should execute and give such declon and indemnity against the sd rentcharge as is hinafter conta; Recite conveyance of even date, "psuant to the sd agreemt," of the hereditaments in the first schedule to B. in fee: NOW THIS INDRE WITNETH that in further psuance of the sd agreemt, and in conson of Covenant. the premes the sd A. doth hby for himself, and his assigns, covenant with the sd B., his hrs and assigns, that the sd yearly rent-charge of £- shall henceforth, and at all times hereafter, be wholly borne and discharged out of the sd hereds specified in the sd second schedule hto in exoneration of the sd hereds specified in the sd first schedule hto; and further that the covenants by the sd A. contd in [implied schedule. by] the sd indre of even date herewith for the title to, and further assurance of the sd hereds specified in the sd first schedule hto shall be deemed to extend to and operate as an indemnity against the sd yearly rent-charge of £

Witnesseth.

Rentcharge to be borne by hereditaments

in second