PRECEDENT LXV. GRANT OF AN aforesaid, and to the other tenants and occupiers of the same lands respectively, such a sum of money as the purchase money of the easements hereby granted, and compensation for the damage and injury done or occasioned to the lands aforesaid, and to the surface thereof, and to the crops thereon, as well permanently as temporarily, by the formation of the said culvert or drain, and shafts, and the works belonging thereto, and by the entry on, and use of the surface of the said lands, and the deposit thereon of clay, gravel, sand, stones, earth, machinery, and other things, and by all or any other acts connected with the premises, as X. Y., of &c., or in case of his decease, refusal, neglect, or incapacity, as some other competent person to be named by the said A. B., his heirs or assigns, shall determine to be the proper sum to be paid for such purchase money and compensation to the said A. B., his heirs or assigns, and such tenants or occupiers respectively, and will from time to time pay to the said A. B., his heirs and assigns, and to such tenants and occupiers respectively, due compensation for all damage or injury which shall be done or caused as aforesaid in or about the maintaining, repairing, or cleansing the said culvert or drain, or otherwise in or about the exercise, or enjoyment. of any of the rights, liberties, and easements, hereby granted, such last-mentioned compensation to be settled in each case by two arbitrators (one to be named by each party) or by their umpire, in manner provided by the Lands Clauses Consolidation Act, 1845 (d); AND FURTHER and the that the said C., D., E., F., and G., their heirs or assigns, arbitration. or the committee of visitors aforesaid for the time being, will wholly bear, pay, and discharge all costs and expenses which may be incurred in and about the premises by the said X. Y., or other the person who may be appointed in his place as aforesaid, and by every such arbitrator or umpire as aforesaid, and by the said A. B., his heirs or assigns, and the tenants and occupiers aforesaid in or about costs of the () As to such an arbitration, see supra, p. 49, n. (e), et seq. PRECEDENT GRANT OF AN EASEMENT. 5. Covenants by grantor--not -to make good injuries; the premises, and the costs and expenses of preparing. engrossing, stamping, and executing these presents in duplicate; AND THE SAID A. B. doth hereby, for himself, his heirs and assigns, covenant with the said C., D., E., F., and G., their heirs and assigns (e), that he the said to injure drain; A. B., his heirs or assigns, will not do or knowingly suffer anything which may in any way injure or damage the said culvert or drain when so laid and made as aforesaid, or interfere with the free flow and passage of soil and water through the same; AND THAT, if he the said A. B., his heirs or assigns, shall do or knowingly suffer anything which shall injure or damage the said culvert or drain, or any part thereof, or shall interfere with the free flow and passage of soil or water through the same, he the said A. B., his heirs or assigns, will forthwith, at his or their own expense, properly and substantially repair and make good all such injury or damage, and restore the free flow and passage of soil and water through the said culvert or drain, and do all things necessary or expedient for the purposes aforesaid, or any of them; AND THE SAID A. B. doth hereby, for himself, his heirs, executors, and administrators, covenant with the said C., D., E., F., and G., their heirs and assigns, that he the said A. B., and every person lawfully or equitably claiming through or in trust for him, will at all times, at the cost of the persons or person requiring the same, execute and do every such lawful assurance and thing for further or more perfectly assuring, granting, and confirming all or any of the rights, liberties, and easements hereinbefore expressed to be hereby granted unto and to the use of the said C., D., E., F., and G., their heirs and assigns, as by them shall be reasonably required. IN WITNESS, &c. --for further assurance. Covenants by the grantor of an easement. (e) As the covenants on the part of the committee are not personal, so neither are the covenants on the part of the grantor of the easement, with the exception of the covenant for further assurance : the burden of the other covenants will run with the servient tenement. LXVI. CONVEYANCE of FREEHOLDS and LEASEHOLDS to a Railway THIS INDENTURE, made &c., BETWEEN A. B., of (a) The schedules to the Lands Clauses Consolidation Act, 1845, (8 Vict. c. 18), furnish forms of conveyances to railway and other like companies, which are useful because the Act (s. 81) gives to conveyances in those forms, or in forms as near thereto as the circumstances of the case will admit, peculiar virtues. It renders them effectual to vest the lands thereby conveyed in the promoters of the undertaking, and to merge all terms of years attendant, by express declaration or by construction of law, on the estate or interest thereby conveyed; and to bar and to destroy all such estates tail, and other estates, rights, titles, remainders, reversions, limitations, trusts, and interests in the lands comprised in such conveyances as shall have been purchased or compensated for by the consideration therein mentioned. Conveyances in exact accordance with the scheduled forms are, it is believed, seldom employed; because, among other reasons, they do not contain any covenants for title: some modification of them is however usually adopted for the conveyance of copyholds and of freehold estates by parties having limited interests, but conveying the fee-simple by virtue of the Act. PRECEDENT LEASEHOLDS TO A RAILWAY BY ABSOLUTE OWNER. 4.-agreement for purchase. 5. Testatum : lessee, and conditions contained in the said indenture of lease: AND WHEREAS the said Railway Company FREEHOLDS AND have agreed with the said A. B. for the purchase at the price of £2250 of the fee-simple in possession of the hereditaments hereinafter expressed to be hereby granted, and for the purchase at the price of £550 of the hereditaments hereinafter expressed to be hereby assigned, for the residue of the said term of twenty-one years, discharged, as between the said A. B. and the said Railway Company, from the payment of any part of the said rent of £- : NOW THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the said sums of £2250 and £550, making together the sum of £2800, upon the execution of these presents paid by the said Railway Company to the said A. B. (the receipt of which said sum of £2800 the said A. B. doth hereby acknowledge), He the said A. B., in exercise of the said power contained in the said indenture of the 27th day of September, 1858, and of every other power enabling him, doth hereby appoint, and by virtue of his estate and interest grant, unto consideration, receipt, -of estates Conveyance by public companies to themselves. Rights to mine rals and support. Conveyances under the powers of the Lands Clauses Consolidation Act, 1845, bar estates tail without enrolment in Chancery under the Fines and Recoveries Act; and conveyances by married women seised in their own right or entitled to dower, are rendered effectual without acknowledgment by them. By the Lands Clauses Act, 1845, if, upon the deposit in the Bank of the purchase-money or compensation agreed or awarded to be paid in respect of lands purchased or taken by the promoters of the undertaking, the owners or statutory owners fail to convey the land upon request, the promoters are (s. 75) authorised to execute a deed-poll, which will have all the effect of a conveyance by the owners or statutory owners. Similar powers are also conferred upon the promoters of the undertaking, in the several events of the owners refusing to convey, or failing to make a title, or not being discoverable: ss. 76, 77; Dart, p. 374. It has, however, been doubted whether this power is exercisable as against statutory owners refusing to convey: see Frend & Ware Railw. Conv. 831, n., and see Doe v. Manchester, &c., R. C. 2 Car. & Kir. 162. As to the respective rights of the land-owner and company in minerals under and near to the company's works and the company's PRECEDENT FREEHOLDS AND the said Railway Company and their assigns (b), ALL THOSE four pieces of land and hereditaments, situate &c., delineated in the plan drawn in the margin of these presents, and therein coloured and numbered respectively, the numbers on the said plan referring to the corresponding numbers on that part of the map, and in that part of the books of reference of the said railway appointment deposited with the Clerk of the Peace for the county of and grant. which relates to the said parish of BY ABSOLUTE OWNER. Freehold TOGETHER parcels. WITH ALL rights, easements, and appurtenances, actually or by reputation appurtenant thereto. And all such estate and interest therein as the said A. B. is or shall become seised or possessed, or can by statute or otherwise convey; TO HAVE AND TO HOLD all the said premises 6. Habendum. herein before expressed to be hereby appointed and granted, UNTO the said Railway Company and their assigns, TO THE USE of the said Railway Company and their assigns; AND THIS INDENTURE ALSO 7. Testatum. WITNESSETH, that, in further pursuance of the said agreement, and for the consideration aforesaid, He the said A. B. doth hereby assign unto the said Railway assignment, Company and their assigns, ALL THOSE two pieces of leasehold land [leasehold parcels by a similar description to that of parcels. the freehold parcels-general words-estate clause]; To 8. Habendum. HAVE AND TO HOLD all the said premises herein before expressed to be hereby assigned, UNTO the said Railway Company and their assigns, for the residue of the said term of twenty-one years; AND THE SAID A. B. doth 9. Covenants hereby, for himself, his heirs, executors, and administrators, covenant with the said Railway Company and right to vertical and lateral support, Vide supra, p. 40, n. (d): and as to accommodation works and the company's obligation to repair drains, Bagnall v. L. & N. W. R., 7 H. & N. 422; Reg. v. Fisher, 1 N. R. 55. by vendor : -for title of limitation to a company. (b) The statutory forms of conveyance in the schedules to L. C. C. Proper form Act, profess to limit the land to the company, their successors and assigns, apparently through a mistaken notion that a company is a corporation aggregate. There can be no successors of a company; the limitation should be to the company, or to the company and its or their assigns. |