pay the day of PRECEDENT XLIV. LEASEHOLD BY COMMITTEE OF A LUNATIC. vendor. A. B. and C. D., and each of them, their and each of their executors and administrators, and also as separate covenants with the said E. F., his executors and administrators, and with the said G. H., his executors and administrators, that he the said I. K., his executors, administrators, or assigns, will, as from the said day of rent reserved by, and as from the said perform all the covenants by the lessee contained in the said indenture of lease (except the covenant for payment of the rent accruing during such period as herein before in that behalf mentioned): AND WILL at all times keep the and indemnify said A. B. and C. D., and each of them, their and each of their executors and administrators, and all other parties whom it doth or shall concern, indemnified against all proceedings, costs, damages, claims, demands, and liability for non-payment of the said rent, or the breach of the said covenants, or any of them, contrary to the covenant lastly herein before contained. IN WITNESS whereof 13. Testatum. the said G. H. hath to these presents, as committee of the estate of the said lunatic E. F., and in his place and on his behalf, subscribed the name and set the seal of the said lunatic, and he the said G. H. and the other abovenamed parties to these presents (except the said E. F.) have hereunto set their hands and seals the day and year first above written (d). (d) The form of subscription for the lunatic should be, "E.F., by G.H., committee of his estate ;" and the attestation should be "Signed, sealed and delivered by the within-named G. H., as the committee, and in the name and on behalf of the within-named E. F., in the presence of" In those cases where the committee executes the deed in some other capacity, there should be a separate execution and attestation by him in the usual form. Subscription and attestation of deeds by committees of lunatics. XLV. PRECEDENT XLV. EPISCOPAL LEASE FOR LIVES PURCHASED BY COMMISSIONERS. 1. Parties. SURRENDER of an EPISCOPAL LEASE for LIVES on a CHURCH ESTATES THIS INDENTURE, made, &c., between A. B., of &c. [devisee of mortgagee], of the first part; the said A. B. and C. D., of &c., spinster [executor and executrix of mortgagee], of the second part; E. F., of &c. [lessee], of the third part; and G. H., I. K., and L. M. (the Church Estates Commissioners) (b), duly constituted and appointed under and by virtue of an Act passed in the session of Parliament held in the 13th and 14th years of the reign of her present Majesty, intituled "An Act to amend the Acts relating to the Ecclesiastical Commissioners for England," and made parties to and joining in these presents under and by virtue of the provisions of another Act passed in the session held in the 14th and 15th years of the reign of her present Majesty, intituled "An Act to facilitate the Management and Improvement of Episcopal and Capitular Estates in England," as continued and amended by several subsequent Acts (c), of the fourth part; and the Right Reverend Father in God (a) As the property of bishops and deans and chapters has of late years been largely dealt with by the Church Estates Commissioners, in the way of sale, enfranchisement, and purchase, under the powers of the Acts of Parliament referred to in the text, several Precedents of assurances by, and to such ecclesiastical bodies were given in the last edition, taken from drafts approved of by the Commissioners; and as a few ecclesiastical bodies are still competent to deal under those Acts, the Precedents are retained in this edition. (b) The Right Hon. Henry Thomas, Earl of Chichester, the Right Hon. Chas. Viscount Eversley, and the Right Hon. Spencer Horatio Walpole, are the present Church Estates Commissioners. (c) A continuation Act (usually with some amendments) is passed in almost every session: the most important is the 23 & 24 Vict. c. 124, and the latest the 26 & 27 Vict. c. 95. M., by Divine permission Lord Bishop of, of the fifth part: WHEREAS, by an indenture of lease perfected by livery of seisin (d), dated the 20th day of January, 1844, and expressed to be made between the Right Reverend N., then Lord Bishop of, of the one part, the said E. F. of the other part, for the considerations therein mentioned, the said Lord Bishop, party thereto, did demise unto the said E. F., his heirs and assigns, All that his the said Lord Bishop's farm of, &c. [parcels from the lease], To hold the same unto the said E. F., his heirs and assigns, for the natural lives of O. P., then aged Q. R., then aged years or years or thereabouts, thereabouts, and S. T., who was born on or about the day of and for the lives and life of the longest liver of them, at the rents, and under and subject to the covenants, conditions, and agreements therein reserved and contained, and on the part of the lessee, his heirs, and assigns, to be paid, performed, and observed: AND WHEREAS, by an indenture dated the 7th day of February, 1844, and expressed to be made between the said E. F. of the one part, and G. B. of the other part, in consideration of £5000 to the said E. F. paid by the said G. B., the said E. F. did grant unto the said G. B., her heirs and assigns, the said premises demised by the hereinbefore recited indenture of lease, with their appurtenances, To hold the same unto the said G. B., her heirs and assigns, for the natural lives and life of the said O. P., Q. R., and S. T., subject to a proviso contained in the indenture now in recital for making void the same indenture on payment by the said E. F., his heirs, executors, or administrators, to the said G. B., her executors, administrators, or assigns, on the PRECEDENT XLV. EPISCOPAL LEASE FOR LIVES COMMISSIONERS. 2. Recital of an episcopal lease for lives; 3.-mortgage of the lease; (d) A lease for lives by a Corporation, being considered a Common Law Assurance, was formerly usually made by a deed of demise, accompanied by livery of seisin, but any reason which may once have existed for adopting this course has been removed by the statutes 7 & 8 Vict. c. 76, 8 & 9 Vict. c. 106: see 2 Platt on Leases, 7. PRECEDENT EPISCOPAL LEASE FOR LIVES PURCHASED BY COMMISSIONERS. 4.-award of In sioners; 7th day of February, 1846, of the sum of £5000, with interest thereon in the meantime after the rate therein mentioned: AND WHEREAS [Recites will of G. B. devising her mortgage estates to A. B., and appointing A. B. and CHURCH ESTATES C. D. her executors-her death, and probate of her will, supra, p. 246]: AND WHEREAS, the Commissioners closure Commis- appointed under and by virtue of an Act of Parliament made and passed in the session held in the 6th and 7th years of the reign of his late Majesty King William IV., intituled "An Act for facilitating the Inclosure of open and arable Fields in England and Wales," did by their award, dated, &c., made in pursuance of the aforesaid Act, and of several other Acts in the same award mentioned, and enrolled in the month of May, 1849, allot and award unto the Right Reverend the Lord Bishop of and the said E. F. his lessee, for and in lieu of their freehold lands, with the rights of common belonging thereto, (being freehold lands and rights of common comprised in the hereinbefore recited indenture of lease) one piece of land, &c. [parcels from the award]: AND WHEREAS the particulars of the said hereditaments now held under the herein before recited indenture of lease for the lives of the said O. P., Q. R., and S. T., and the lives and life of the longest livers and longest liver of them, are set forth in the schedule hereto, according to the description thereof in the apportionment of the tithe commutation rentcharge for the parish of -, in which the same are situate: 6.-contract for AND WHEREAS the said M., Lord Bishop, with the approval of the said Church Estates Commissioners (testified by their being parties to and executing these presents), has agreed with the said E. F. for the purchase, for the sum of £10,000, of the said hereditaments particularised in the said schedule, for all the estate and interest granted by the said indenture of lease, or created by reference thereto by the hereinbefore recited award or otherwise, or now subsisting under or by virtue of the same indenture of lease or of the hereinbefore recited award, and for all other the estate or interest (if any) of him the said E. F. in the same premises: AND WHEREAS, the said sum of 5.-reference to modern description of premises now held under the lease; purchase of the Church Estates PRECEDENT XLV. EPISCOPAL LEASE FOR LIVES COMMISSIONERS. 7.-state of mortgage debt; 8.-debt to be paid off out of £5000, secured by the said indenture of the 7th day of February, 1844, is now owing to the said A. B. and C. D. as the executor and executrix of the said will of the said G. B., but all interest thereon has been paid up to the date of these presents: AND WHEREAS, upon the treaty for the said purchase, it was agreed that the said sum of £5000 should be paid to the said A. B. and C. D. out of the said purchase-money, and that the said A. B. and C. D. should join in the surrender and assurance of the said purchased premises, in such manner as the said Church Estates Commissioners should direct: AND 9.-direction of WHEREAS the said Church Estates Commissioners have directed that the surrender and assurance to the said M. veyance. Lord Bishop of , upon the purchase aforesaid, shall be made by these presents in the form and manner here purchase money; commissioners respecting con inafter appearing: NOW THIS INDENTURE WIT- 10. Witnesseth: NESSETH, that, in pursuance of the said agreement and direction, and in consideration of the sum of £5000 consideration, to the said A. B. and C. D., as the executor and executrix of the said will of the said G. B., at the request of the said M., Lord Bishop of, and by the direction of the said E. F. (testified by their respectively being parties to and executing these presents), this day paid by the said Church Estates Commissioners out of funds produced by the sale of lands formerly belonging to the See of which have been paid to the credit of the said Church Estates Commissioners (the receipt of which said sum of receipt, £5000 the said A. B. and C. D. hereby acknowledge), and also in consideration of the sum of £5000 to the further con- Church Estates Commissioners out of such funds as the devisee of the legal estate surrenders, |