No. CXLIX. COVENANT not to ERECT any BUILDING on a certain COVENANT part of COVENANTOR'S PROPERTY, and OBLIGATION day of BETWEEN Parties. THIS INDENTURE made the covenantee heredita self he had between [parties], All, &c. [parcels], and which said hereditaments are more particularly delineated and described in the map or plan thereof, drawn in the margin of these presents, and are in such map or plan coloured, were conveyed unto and to the use of the said A. B., his heirs and assigns for ever: AND WHEREAS the said C. D. is the owner and in the occupa- Recite that tion of the messuage and lands situate on the side of the owner of hereditaments comprised in the said hereinbefore recited in- adjoining denture, and which messuage and land are also delineated and ments, described in such map or plan as aforesaid, and are therein coloured And in order to protect himself and his said and that to premises from annoyance or injury by the owner of the here- protect himditaments comprised in the said hereinbefore recited indenture, determine from the erection of buildings or otherwise, he the said C. D. proposed, and had determined to bid for and use his best endeavours to become the purchaser of the same hereditaments: AND WHEREAS, it was afterwards arranged by and between the said C. D., and A. B., that instead of purchasing or attempting to purchase the hereditaments aforesaid, the said purchase the C. D. should permit the said A. B. to become the purchaser thereof, and the said C. D. consented to the said arrangement, and enter and to forego his said intention of bidding for and attempting nants with to become the purchaser of the said hereditaments in favour of the said A. B. upon the terms, and in consideration and under to hereditaments which were in fact nantor. sold to cove Arrangement that cove nantor should said hereditaments so sold to him, Covenantee. NOT TO BUILD ON LAND. COVENANT all express agreement, that the said A. B. should in the event which happened of his becoming such purchaser as aforesaid, secure to the said C. D. for and during the period hereinafter mentioned, the same or the like protection from annoyance or injury by the erection of buildings on the hereditaments aforesaid, or on the part thereof which on the map or plan aforesaid is coloured or by any other ways or means as he the said C. D. might or would have had if he had carried his said intention into effect, and had himself become the purchaser of the said hereditaments; and for effecting the purposes aforesaid, it hath been further agreed that the said A. B. shall enter into Covenantor the covenant and obligation hereinafter contained: NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement and in consideration of the premises, he the said A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his heirs and assigns, that he the said A. B., his heirs or assigns, or any person or persons claiming or deriving title to the hereditaments so purchased by him as aforesaid, or any part thereof, through, under or in trust for him, shall not, nor will at any time or times during the joint lives of the said C. D. and his wife, agrees not to build on lands purchased by him for a certain period. or during the life of the survivor of them, erect, build, or set up or cause, authorize or suffer to be erected, built or set up on any part or parts of the said hereditaments and premises comprised in the recited indenture, and in the said map or plan coloured -, any messuage, edifice, erection or building of any class, character or description whatsoever, but shall and will at all times during such period as aforesaid, maintain and keep, or cause to be maintained and kept, that part of the said hereditaments aforesaid which in the said map or plan is coloured Nor carry on in its present open state and condition: AND FURTHER ing business that he the said A. B., his heirs and assigns, or any such other mises for the person or persons as aforesaid, shall not nor will at any time like period. during such period as aforesaid, do or cause, or permit to be done, any annoy on such pre or carried on upon the said last-mentioned hereditaments or any part thereof, any act, matter or thing, or any trade, business or employment whatsoever, which shall be or tend or operate to the annoyance of the said C. D. and his wife, or the survivor of them, or the tenant or tenants, occupier or occupiers, under NOT TO BUILD ON LAND. verable as them, him or her of the said hereditaments in the said map or COVENANT plan coloured, or any part thereof, or which shall in any manner affect or hinder their, his or her possession or enjoyment of the said hereditaments, in like manner in all respects, as the said hereditaments are now held and enjoyed by him the said C. D.: AND FOR THE DUE PERFORMANCE by Sum recothe said A. B., his heirs and assigns, of the covenants and liquidated agreements hereinbefore contained, and every of them, he the breach of said A. B. doth hereby bind himself, his heirs, executors, admi- covenants. nistrators and assigns, unto the said C. D., his executors, administrators and assigns, in the sum of £ as or by way of liquidated damages, now mutually assessed by them the said parties hereto, for the nonperformance of the aforesaid covenants or agreements, or any or either of them, and not by way of penalty. IN WITNESS, &c. damages on aforesaid No. CL. DEED OF TION AND DEED of ARRANGEMENT between several Persons in- THIS INDENTURE, made the day of MENT. legacies tor charged on his real estates, and A. B. of &c. [widow and relict of G. H., late of &c., deceased], Bequest of of the first part, C. D. of &c., of the second part, E. F. of which testa&c., of the third part, G. H. of &c., of the fourth part, L. M. of &c., of the fifth part, N. O. of &c., of the part, and U. X. of &c. of the seventh part: WHEREAS the said G. H., deceased, duly signed and executed his last will and testament in writing, bearing date. day of sixth powers to demise the trustees to real estates to secure their payment. TION AND MENT. Devise of real estates to wife during her widow hood. And subject thereto to sell real estate. the DED OF and thereby he gave and bequeathed to and CONFIRMA Sum of £— a piece, and both the said legacies he charged ARRANGE exclusively on his real estates, and for the better enabling his trustees thereinafter named to pay the said legacies, he empowered them to charge his real estates, or any of them, with any sum or sums equal in amount to the said legacies, and to demise the same real estates, or any part or parts thereof, for any term or terms of years or otherwise as they should think fit for securing the payment of such sum or sums of money; and the said testator by his said will devised all and singular his real estates unto the said U. X. and also Y. Z., their heirs and assigns, upon trust to pay the rents, issues and profits thereof unto his the said testator's dear wife the said A. B., during her widowhood, and from and immediately after the decease or marriage of his said wife, which should first happen, the said testator directed that his said trustees should sell and absolutely dispose of his said real estates as therein mentioned; and the said testator by his said will directed that his said son C. D. should be allowed to purchase certain portions of the Monies aris said real estates on the terms therein mentioned; and the said testator declared that the said trustees should hold the monies payment of to arise from such sale or sales upon trust in the first place to pay and satisfy the before-mentioned legacies, so far as the same might then remain unsatisfied, and also all such sums as might have been charged upon his real estates by way of mortgage as aforesaid, for the purpose of enabling his said trustees to pay the before-mentioned legacies and all interest due thereon, together with all expenses attending such sale or sales, and all other expenses incident to the performance of the trusts aforesaid, and after full payment thereof, upon trust to pay and divide the residue of the said trust monies unto and amongst his the said testator's said children, C. D., E. F., G. H., L. M. and N. O., in equal shares: AND WHEREAS the said testator died on the day of without having in any respect altered or revoked his said will, which was duly proved by the executors thereof on the ing from the sale to be applied in the said legacies, and monies which may be charged on the real estates for their payment. Residue of trust monies directed to be divided between testator's children. Death of testator and probate of his will. That testa the day of in court of: AND WHEREAS the said A. B. has continued a widow ever since the death of the said G. H., up to the date and execution of these presents: AND WHEREAS all the said children of the said G. II. have respectively attained day of DEED OF CONFIRMA- MENT. tor's wife has not married " that all chil attained Surrender of copyholds of will to of money power in he will for this purpose. same power the age of twenty-one years: AND WHEREAS, pursuant to the power of mortgaging, given or limited to them the said U. X. ARRANGE and Y. Z. by the said recited will of the said G. H., deceased, as aforesaid, and in consideration of the sum of £200 by paid to the said U. X. and Y. Z., they the said U. X. and Y. Z., again, and on the day of surrendered out of court into the dren have hands of the lord of the manor of —, all and singular the twenty-one. copyhold or customary hereditaments hereinafter described (being a portion of the hereditaments devised by the said by trustees recited will of the said G. H. deceased), to the use of the said secure a sum his heirs and assigns, subject nevertheless to a condition pursuant to for making void the said surrender, on payment by the said U. X. and Y. Z., their heirs, executors, administrators or assigns, or other the trustees or trustee for the time being of the said will of the said G. II., deceased, unto the said his executors, administrators and assigns, of the sum of £200, together with interest thereon at the rate of £5 per cent. per annum, on the then next ensuing: AND Pursuant to WHEREAS by an indenture bearing date the day of ", demise of and made or expressed to be made between the said U. X. and freehoids to Y. Z. of the one part, and of the other part, in considera- further sum. tion of the sum of £300 to the said U. X. and Y. Z. paid by the said and in further pursuance of the power of the mortgaging for this purpose limited to them by the said recited will of the said G. H., deceased, as aforesaid, all and singular the freehold hereditaments hereinafter described and assured, or expressed so to be, were demised by the said U. X. and Y. Z. unto the said his executors, administrators and assigns, for the term of two thousand years to be computed from the date of the indenture now in recital, subject to the proviso contained in the indenture now in recital for making void the said term of two thousand years, on payment by the said U. X. and Y. Z., their heirs, executors, administrators, or other the person or persons interested in the said hereditaments and premises under or by virtue of the limitations contained in the said recited will of the said G. H., deceased, or any or either of them, unto the said his executors, administrators or assigns, of the sum of £300, with lawful interest for the same, on the then next: AND WHEREAS day of secure a |