of the sd

ment.

Co. Limited (of which he is managing Advances. director), has signed or given, and may hereafter from time to time sign or give his promissory note or notes, or some other instrumt or instrumts to or in favour of Messrs. B. and Co. (the bankers of the sd co) by way of guarantee or collateral secy for advances made, or to be from time to time made by the sd bank to or on account of the sd co, or for or in respect of other pecuniary accommodation to be from time to time afforded by the sd bank to the sd co: AND WHAS the Agreesd co at the request of the sd A., and as an inducemt to him to undertake such personal responsibility on behalf of the sd co as afsd, have agrd to give him their bond in a sufficient penalty for the ppose of indemnifying him in respect of the liability so assumed and to be assumed by him on behalf of the sd co as afsd, in addition to any other remedy or secy to which the sd A., his hrs, exs, or ads, may be or become entled as such surety or guarantor as afsd: NOW, &c., that Condition. if the sd co shall on demand repay and make good to the sd A., his hrs, exs, or ads, all and every the sum and sums of money which he or they shall at any time or times hereafter pay to the sd bank, or any pson or psons whomsoever by reason or in respect of any promissory note or notes, guarantee or guarantees, or other instrumt or instrumts already signed or given, or to be hereafter from time to time signed or given by the sd A., to or in favour of the sd bank, on account of advances made, or to be made, or bills discounted or to be discounted by them to or on account, or for the accommodation of the sd co, or any other pecuniary accommodation which may be afforded by them to the sd co, and shall at all times hereafter keep the sd A., his hrs, exs, and ads, fully indemnified against all actions, proceedings, claims, demands, costs, and expenses, by reason or in respect of any such promissory note or notes, guarantee or guarantees, or other instrumt or instrumts to be signed or given by the sd A.'as afsd, and so that the above written bond or obligation shall be and remain a continuing secy to the sd A., his hrs, exs, and ads, in respect of the matters afsd, notwithstanding any

change in the ptners or members of the sd firm of B. and Co., and shall not be deemed to be satisfied, or become inoperative, by reason of the cessation at any time of the guarantees given by the sd A. as afsd, but shall continue in force or revive in the event of any subsequent renewal thof, Then, &c.

Recitals.

XI.

DEED of INDEMNITY, by way of Covenant and Charge, against using NAME as Co-PLAINTIFF.

PARTIES, A. and B., his wife, 1; C., 2: WHAS the sd

Action com- A. and B. his wife, on or about the

menced.

day of

insti

tuted an action in the Division of the High Court of Justice in the names of the sd A., B., and C., as plaintiffs against D. as defendant, and thby claimed specific performance of a contract for the sale by the plaintiffs to the Use of C.'s defendant of certain hereds, known as the

name.

Title to property.

este; AND

WHAS the name of the sd C. as such co-plaintiff was used without any express authority from him, but he is willing that his name should be continued as such co-plaintiff in the sd action, or any revived or supplemental action, on his being indemnified against all consequential costs; AND WHAS the sd B. is entled, subjt to the sd contract for sale, to the sd este in fee simple, and to the proceeds of the sale thof, for her sole and separate use: NOW THIS INDRE WITNETH that in conson of the premes each of them the sd A. and B. his wife, for himself and herself, his Covenant and her assigns, the sd B. covenanting for the ppose of binding her separate este, doth hby covenant with the sd C., his hrs, exs, and ads, that they the sd A. and B., or one of them, their or one of their hrs, exs, or ads, will at all times to indem hereafter keep indemnified the sd C., his hrs, exs, and ads,

Witnesseth.

nify.

from all costs, charges, damages, and expenses whatsoever, to be incurred or sustained by reason or in consequence of the sd action, or any revived or supplemental action, or any matter or thing in anywise relating thto: AND THE sd B. Charge of property. doth hby charge the sd este, and the proceeds of the sale thof, with the paymt to the sd C., his hrs, exs, and ads, of all such costs, charges, damages, and expenses as afsd.

IN WITNESS, &c.

XII.

BOND of INDEMNITY on PAYMENT of LOST BOND.

Obligation of bond from B. to A., p. 200.

ment.

Recital of lost bond from A. to B., p. 327: And WHAS the Recitals. sd bond is alleged to be lost or mislaid; AND WHAS the sd Bond lost. A. at the request of the sd B., has this day paid to him the Agreesum of £in full satisfon of all claims under the sd bond (as the sd B. doth hby acknowledge) upon the sd B. agreeing to execute to the sd A. a bond of indemnity in respect of the sd recited bond; NOW, &c., that if the sd B., his hrs, exs, Condition. or ads shall, in case the sd recited bond shall be found and shall be in or come into his or their possion or power, deliver or cause to be delivered the same to the sd A., his exs or ads, in order that the sd bond may be destroyed or cancelled, and shall at all times hereafter indemnify and keep indemnified the sd A., his hrs, exs, and ads, from and against all damages, costs, expenses, actions, proceedings, claims and demands whatsoever, which he or they may or might otherwise at any time sustain, incur, or be subjt or liable to, under, or by reason of the sd recited bond or otherwise howsoever in relation thto, Then, &c.

LEASES (HOUSES, &c.) (a).

Rent and

CONSIDERATION.

I. IN conson of the rents and covenants on the pt of the covenants. lessee (b) hinafter reserved and contd.

Stamps.

As to use of words

"lessor ""

and

&c.,

(a) The forms under this head are for ordinary occupation and building leases and leases for business purposes. For agricultural and mining leases, see infra; and for variations for leases under powers and other special cases, see LEASES, MISCELLANEOUS. As to stamps, see the Stamp Act, 1870, schedule tit. Lease; see also 39 & 40 Vict. c. 16, s. 11.

(b) In accordance with the now very common practice the plan is adopted throughout the following forms of leases and agreements for leases of using the words "lessor" and "lessee," or "landlord" and "tenant," in place of the names of the parties, the former expressions being more commonly used in "lessee," leases (though they are open to some objection on account of the risk of clerical errors which the similarity of the words involves), the latter in agree. ments for leases. These expressions may be made to include the reversioner and the termor for the time being respectively by an interpretation clause placed at the beginning or end of the instrument, so as to enable the words "heirs and assigns," or "executors, administrators, and assigns," or other like words to be omitted throughout in the case of both the lessor and the lessee.

and

interpretation clause.

Benefit of lessec's

By the Conv. Act, 1881, s. 10 (extending 32 Hen. 8, c. 34), the benefit of the rent and lessee's covenants and conditions in a lease is annexed to and to go with the reversion expectant on the term (notwithstanding severance of the reversion), and may be taken advantage of by the person from time to time and entitled to the rents and profits of the land; and by s. 11 the obligation of obligation the lessor's covenants, so far as he has power to bind the reversion, is annexed to of lessor's and goes with the reversion (notwithstanding severance thereof), and may be covenants enforced by the person in whom the term is from time to time vested (see as to the previous law the notes to Spencer's Case, 1 Smith's L. C. 22, et seq.); see also the general enactment in s. 58, making the benefit of covenants relating to land run with the land although the "heirs and assigns" or executors, administrators, and assigns" (as the case may be) of the covenantee are not expressed, where it would so run if those words were expressed.

annexed to

reversion.

66

The effect of these enactments appears to be in all cases, whether the lease

II. IN conson of the sum of £ now paid by the lessee Premium and rent, to the lessor (the rect whof is hby acknowledged) and of the &c. rents and covenants, &c.

is granted by an owner or under a power, to carry the benefit and obligation of the lessor's covenants and the benefit of the lessee's covenants to the reversioner and lessee respectively for the time being, as the case may be, irrespective of the form of the covenants, and to prevent technical objections arising in future in this respect; but it may perhaps be still necessary that the lessee should Covenants covenant for his "assigns" in those cases in which this was previously for necessary to make the obligation of his covenants run with the land (see the "assigns." notes to Spencer's Case, 1 Sm. L. C.), and also that the lessor should so covenant where his covenants are intended to bind the owners of adjoining land; these cases not being covered by the above enactments. With these exceptions the repetition throughout of the words "heirs and assigns" or 'executors, administrators, and assigns," or other like expressions, is superfluous so far as regards making the covenants run with the land; but sometimes (c.g., in providing by and to whom notices or licences are to be given) the words appear to be required. The most convenient plan, which is adopted in this edition, is to imply these words by means of an interpretation clause, and they are therefore for the most part omitted throughout the following forms of leases and agreements for leases, except that at the commencement of the covenants the lessee, and also where appropriate the lessor, is made to covenant expressly "for his assigns."

The following is a form of interpretation clause when placed at the commencement of the instrument, which is the better plan. A form of clause to be placed at the end will be found infra:

tation

"THIS INDRE made, &c., between A. of, &c. [and B. of, Interpre&c.], hinafter called the lessor [s], which expression shall clause. include his [their] hrs and assigns, or, for an underlease or a lease of chattels, "his [their] exs, ads, and assigns," or for a lease of any property under a power, "the pson or psons from time to time entled to the reversion of the premes hby demised expectant on the term hby granted," where the context so requires or admits, of the one pt, and C. of, &c. [and D. of, &c.], hinafter called the lessee [s], which expression shall include his [their] exs, ads, and assigns, where the context so requires or admits, of the other pt."

The above forms defining "lessor" are not adapted to a lease by mortgagor and mortgagee, or by a mortgagor under a power in the mortgage or the Conv. Act, 1881, s. 18, since where the property is in mortgage it is usually intended that the mortgagor should act in all respects as the lessor until the mortgagee enters into the receipt of the rents or sells or forecloses (see as to this the Judicature Act, 1873, s. 25 (5)). In this case a special form of in