PRECEDENT
XLIII.

HOLD.

before expressed to be hereby assigned, indemnified against all proceedings, costs, damages, claims, demands,

PART OF LEASE- and liability for nonpayment of the said last-mentioned yearly rent of £15, or the breach, nonperformance, or nonobservance of the said covenants and conditions, or any of them, in respect of such of the said premises comprised in the said indenture of lease as are not hereinbefore expressed to be hereby assigned: AND 9.-and produce FURTHER, that he the said A. B., his executors, administrators, or assigns will, upon every reasonable request in writing by the said C. D., his executors, administrators, or assigns [Covenant to produce the lease, infra, Precedent XLVI.] PROVIDED ALWAYS, and it is hereby agreed and power of distress declared that if the said yearly rent of £15 herein before by vendor.

lease.

10. Grant of

11. Covenants by purchaser :

-to pay rent and perform covenants,

covenanted to be paid by the said A. B., his executors,
administrators, and assigns in respect of such of the
premises comprised in the herein before recited indenture
of lease as are not hereinbefore expressed to be hereby
assigned, or any part thereof, shall be in arrear for
days after any of the days by the said indenture of lease
appointed for payment of the said yearly rent of £30, it
shall be lawful for the said C. D., his executors, adminis-
trators, or assigns into or upon the same premises to enter
and distrain, and the distress and distresses then and
there found to dispose of in due course of law, as land-
lords may do in respect of distresses for rent reserved
upon lease, and to apply the produce of such distress and
distresses in or towards payment of the said yearly rent
of £15 so in arrear, and all costs and expenses incurred
by the nonpayment thereof: AND THE SAID C. D. doth
hereby, for himself, his heirs, executors, administrators,
and assigns, covenant with the said A. B., his executors,
administrators, and assigns, that he the said C. D., his
executors, administrators, and assigns will henceforth pay
the yearly rent of £15, the other equal moiety of the said
yearly rent of £30, reserved by the said indenture of
lease, and perform and observe all the covenants by the
lessee and conditions contained in the same indenture,
and henceforth to be performed and observed in respect

PRECEDENT

XLIII.

HOLD.

vendor.

of the said premises hereinbefore expressed to be hereby assigned, AND WILL at all times keep the said A. B., his heirs, executors, administrators, and assigns, and such of PART Of leasethe said premises comprised in the said indenture of lease as are not hereinbefore expressed to be hereby assigned, and indemnify indemnified against all proceedings, costs, damages, claims, demands, and liability for nonpayment of the said lastmentioned yearly rent of £15, or the breach, nonperformance, or nonobservance of the said covenants and conditions, or any of them, in respect of the said premises herein before expressed to be hereby assigned: PROVIDED 12. Grant of ALSO, and it is hereby agreed and declared, that if the power of distress by purchaser. said yearly rent of £15 hereinbefore covenanted to be paid by the said C. D. in respect of the said premises herein before expressed to be hereby assigned, or any part thereof, shall be in arrear for days after any of the days by the said indenture of lease appointed for payment of the said yearly rent of £30, it shall be lawful for the said A. B., his executors, administrators, or assigns, into or upon the same premises to enter and distrain, and the distress and distresses then and there found to dispose of in due course of law as landlords may do in respect of distresses for rent reserved upon lease, and to apply the produce of such distress and distresses in or towards payment of the said yearly rent of £15 so in arrear, and all costs and expenses incurred by the nonpayment thereof. IN WITNESS, &c.

XLIV.

ASSIGNMENT of a LEASEHOLD by the COMMITTEE of a LUNATIC (a), and the EXECUTORS of a TRUSTEE of the LEGAL ESTATE.

PRECEDENT
XLIV.

LEASEHOLD BY COMMITTEE OF A LUNATIO.

THIS INDENTURE, made, &c., between A. B., of, &c., and C. D., of, &c. [executors of trustee], of the first 1. Parties.

(a) With respect to the power of the committee over a lunatic's

PRECEDENT
XLIV.

LEASEHOLD BY

COMMITTEE OF A
LUNATIC.

2. Recital of lease, &c.;

3.-of E. F. being found lunatic;

4.- appointment of committee;

5.-conditional agreement for sale;

6.-order in

part; E. F., of, &c., a person of unsound mind, and G. H.,
of, &c., the committee of the estate of the said lunatic, of
the second part; and I. K., of, &c. [purchaser], of the
third part: [Recites a lease made to L. M.-Recitals show-
ing that L. M. was a trustee, that the whole beneficial
interest in the leasehold was vested in the lunatic; that
L. M. was dead, and that A. B. and C. D. were his ex-
ecutors] AND WHEREAS, by an inquisition taken before
F. B., Esq., one of the Masters in Lunacy, on the -
day of, under a Commission of Lunacy duly issued
for that purpose, the said E. F. was found to be a person
of unsound mind; AND WHEREAS, by an order of the Lords
Justices of the Court of Appeal in Chancery, made on, &c.,
in the matter of E. F., a person of unsound mind, it was
ordered that the said G. H. should be the committee of
the person and estate of the said E. F.; AND WHEREAS it
was lately proposed on the part of the said I. K., and
(conditionally upon the proper consent in that behalf being
obtained) agreed upon between the said G. H., in the
capacity of committee of the estate of the said E. F.,
and administrator of the estate and effects of the said
X. Y. on the one hand, and the said I. K. on the other
hand, that the said I. K. should take an assignment of
the said premises comprised in the said lease of the
day of
upon the terms of his being allowed one
year's rent of the said premises as from the

day of

; AND WHEREAS, by an order of the Lords Justices lunacy approving of the Court of Appeal in Chancery, made on the

of sale;

day of
in the matter of E. F., a person of unsound
mind, upon the petition of the said G. H., it was ordered
that the petitioner G. H. should be at liberty to accept
the proposal of the said I. K. to take an assignment of
the said lease upon the terms in the said petition and
hereinbefore mentioned; And that it should be referred
to the Masters in Lunacy to settle and approve of a

estate, see Phillips on Lun.; and see the precedent of a lease granted by the committee of a lunatic in the Appendix to Shelf. on Lun. 961.

day of

PRECEDENT

XLIV.

LEASEHOLD BY COMMITTEE OF A LUNATIC.

7.-approval of the assignment

by Master in Lunacy.

proper assignment of the said lease, and of the said premises therein comprised, to the said I. K. accordingly; And that the petitioner G. H., as such committee of the estate as therein and hereinbefore mentioned, should execute and join with all necessary parties in executing such assignment when approved by the said Masters; And that the said committee should be at liberty, on behalf of the said lunatic, to pay the rent of the said premises up to the- day of ; AND WHEREAS E. R., one of the said Masters in Lunacy, has settled and approved of these presents as a proper assignment, pursuant to the said order of the day of -, of the said lease of the and of the said premises therein comprised, and in testimony of such his approval has signed his name in the respective margins of the first and second skins, and his name and allowance in the third and last skin hereof (b).. NOW THIS INDENTURE WIT- 8. Witnesseth: NESSETH, that, under and pursuant to the said order of the day of, and for effectuating the assignment thereby.ordered to be made, the said A. B. and C. D. do and each of them doth hereby assign, and the said E. F., acting by the said G. H. as such committee as aforesaid, and also the said G. H., do and each of them doth hereby assign and confirm unto the said I. K., his executors, administrators, and assigns, ALL THOSE the said, hereditaments, and premises demised by the herein before recited indenture of lease of the

day of

assignment,

parcels,

with their respective rights, easements, and appurtenances; AND ALL the estate, right, title, interest, pro- estate clause. perty, claim, and demand of the said A. B., C. D., E. F., and G. H., respectively, in, to, and upon the same

premises; To HAVE AND TO HOLD all the said premises 9. Habendum, hereinbefore expressed to be hereby assigned, UNTO the to purchaser. said I. K., his executors, administrators, and assigns, for the residue of the said term of — years, at the rent reserved by and subject to the covenants by the lessee

(b) This is the form of recital employed for the purpose in the office of the Masters in Lunacy.

PRECEDENT
XLIV.

LEASEHOLD BY
COMMITTEE OF A

LUNATIC.

10. Covenants
on behalf of the
lunatic:

вышиты

Le For 33th:D. 37

of deeds,

and conditions contained in the said indenture of lease [Covenant by A. B. and C. D. with I. K., his executors, administrators, and assigns, that they have not incumbered the premises, supra, p. 269, using assign instead of grant; and see ante, Vol. I., p. 404]; AND THE SAID G. H., as such committee as aforesaid, and in the name and on the behalf of the said E. F., his executors, administrators, and assigns, and so as to bind the estate and effects of the said E. F. only, and not the estate and effects. of the said G. H., his heirs, executors, or administrators, doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said I. K., his ex-for production ecutors, administrators, and assigns, that he said G. H., his executors, administrators, or assigns, unless prevented by fire or other inevitable accident, will upon every reasonable request in writing by the said I. K., his executors, administrators, or assigns, or any person lawfully or equitably claiming any estate, right, title, or interest in or to the said premises hereinbefore expressed to be hereby assigned [Covenant to produce certain documents affecting the title, infra, Precedent XLVI., with the qualifying proviso given, ante, Vol. I., p. 205, n. (c)] (c): And also, that the rent payable under the said lease of the day -, up to the (including the quarterly payment of rent which will fall due on that day), shall be paid on behalf of or by and out of the estate of the said G. H., and that the said I. K., his executors, administrators, and assigns shall be effectually indemnified against such rent, and all proceedings, costs, damages, claims, demands, and liabilities which may be incurred or sustained by or by reason of the non-payment thereof; AND THE SAID I. K. doth hereby for himself, his heirs, executors, and administrators, covenant with the said

11.-and pay.
ment of certain
rent.

12. Covenants
by purchaser to
pay rent,

Practice in

lunacy respect-
ing deeds

covenanted to be
produced by a
lunatic.

of

day of

(c) When a lunatic covenants to produce deeds, it is the practice of the Masters in Lunacy to require that the deeds shall be brought into their office and kept there. Attested copies will be given to the purchaser, and, in the absence of a stipulation to the contrary, at the expense of the vendor.