PRECEDENT FREEHOLDS TO A RAILWAY COMPANY BY STATUTORY OWNER FOR COURT. 4. Covenant by company to execute accom use of the said Company and their assigns for ever: AND THE SAID Company do hereby for themselves and their assigns covenant with the said A. B., his successors and assigns, that the said Company will at their own expense and before their line of railway shall be opened for public traffic, execute and complete in a proper and substantial PRICE PAID INTO manner, and will afterwards maintain in good repair for the accommodation of the said A. B., his successors and assigns, the accommodation works mentioned in the second schedule hereto, or such altered or other accommodation works as may reasonably be deemed necessary or convenient by the said A. B. or his successors in the course of the construction of the said line of railway through the glebe lands, provided that the said Company be not thereby required to incur any expense greater than or additional to the expense which they would necessarily incur in making and maintaining the works specified in the second schedule hereunto. IN WITNESS, &c. THE FIRST SCHEDULE. modation works. THE SECOND SCHEDULE. A level crossing for carriages, carts, cattle, and horses, as well as for persons on foot, at a point near the letter A on the plan above referred to, and new entrances with sufficient gates to the fields from the occupation roads crossing the railway at points near the letters C and A respectively on the said plan. The road from through field No. farm to be partially diverted and a new gate and way set up at a point near the letter H on the plan, and a post and railfence to be set up along the said new road. The water in the pond marked B on the said plan to be secured by puddling, and effectual means to be taken to prevent its being drained by the works of the said Company. PRECEDENT BY LIFE TENANT TO RAILWAY COMPANY FOR A RENT-CHARGE. 1. Parties. LXIX. CONVEYANCE of FREEHOLDS to a RAILWAY COMPANY by a LIFE TENANT in consideration of a YEARLY RENT-CHARGE secured by a CHARGE on the TOLLS, the COVENANT of the COMPANY and a PoWER of DISTRESS. COVENANTS by Vendor for TITLE and PRODUCTION of DEEDS (a). THIS INDENTURE, made, &c., between A. B., of, &c., the tenant for his life in the actual legal possession Sales to public companies and bodies for a yearly rentcharge. (a) See the notes to Precedent LXVI. The right to sell land to a public company, in consideration of a rent-charge or chief rent, was given by the Lands Clauses Consolidation Act, 1849, s. 10, to absolute owners only; the rent reserved being made a charge on the tolls or rates payable under the Special Act, and the parties being at liberty to secure it in such other manner as may be agreed on. If the rent becomes in arrear for thirty days after it is due, and has been demanded, s. 11 of the Lands Clauses Consolidation Act, 1849, empowers the person entitled to the rent either to recover the same with costs by an action of debt in any of the Superior Courts, or to levy the same by distress on the goods and chattels of the promoters or company. The Act gives, in Schedule B., a form of conveyance on a chief rent, which, however, contains no special provision for securing payment of the rent, and leaves its recovery to be enforced by action or distress alone. The power of selling land for a rentcharge was, by the Lands Clauses Consolidation Acts Amendment Act 1860 (23 & 24 Vict. c. 106), extended to persons under disability or incapacity; but for their protection it is provided, s. 4, that in every case of sale or compensation by parties other than parties seised in fee or entitled to dispose absolutely of the land sold or damaged, the amount of the rent-charge shall be settled in the manner directed by the 9th sect. of the Lands Clauses Consolidation Act, 1849—viz., by the valuation of two surveyors or an umpire-and shall in no case be less than one-fourth part greater than the net annual rent received by the parties beneficially interested in such lands upon an average of the last seven years; and that a charge of £5 per cent. on the gross sum estimated or fixed by way of compensation for damage shall in all cases be added to and form part of the rent-charge, and PRECEDENT LXIX. of the lands hereinafter granted and entitled at law and in equity to the receipt of the rents and profits thereof in possession, (b) of the one part, and the Railway BY LIFE tenant Company of the other part: WITNESSETH, that, in consideration of the yearly rent-charge hereinafter reserved and limited (being a yearly rent-charge which 2. Testatum. that no other consideration in the nature of a fine or premium shall be taken. The same section also enacts that the rent-charge shall enure to the same uses as those of the land sold, and shall be a first charge on the tolls or rates payable under the Special Act. Other sections extend the power of purchasing land for a rentcharge to the council of any city or borough with the consent of the Lords of the Treasury, and to the Secretary of State for War; and provide that where the promoters of an undertaking are empowered by an Act passed after the 20th August, 1860, to borrow money to an extent not exceeding a prescribed sum, then in the event of their agreeing after that date to purchase land for a rent-charge, their borrowing powers shall be reduced by an amount equal to twenty years' purchase of any rent-charge for the time being payable. These powers and provisions relate only to the purchase of land by agreement, and cannot be used by a company or body, or by the Secretary for War, compulsorily consequently, a vendor consenting to sell for a rent-charge may stipulate that it shall be secured to him in any way he pleases. The words within brackets in the Precedent in the text extend the vendor's remedies beyond the simple provisions of the Acts, and are a usual mode of securing the payment. A practical difficulty in determining, in strict accordance with the Lands Clauses Consolidation Amendment Act, s. 4, the amount of rent-charge, occurs where the land taken is either part of a farm let at an entire rent, or is in hand, since the Act provides that the rentcharge must be one-fourth part greater than the net annual rent received on an average of the last seven years. It is understood, however, that railway companies, at any rate, do not hesitate to make purchases in consideration of a rent-charge one-fourth greater than what the valuers estimate to be a fair rent for the land actually taken; and there is probably but little risk in adopting such a course. (b) The provisions of the Lands Clauses Consolidation Act, s. 7, empowering partial owners to convey the fee-simple, do not enable tenants for life or others, having merely equitable interests, to convey the legal estate, but only the whole of the equitable interests, and in such cases the trustees seised of the legal estate must join in the conveyance: Lippincott v. Smyth, 29 L. L., Ch., 520. TO RAILWAY COMPANY FOR A RENT-CHARGE. Conveyances PRECEDENT TO RAILWAY COMPANY FOR A RENT-CHARGE. 3. Habendum. agreeably to the provisions of the Lands Clauses Consolidation Act, 1845, and the Lands Clauses Consolidation BY LIFE TENANT Acts Amendment Act, 1860, has been settled to be payable and paid by the said Company for the purchase of the said lands, and for compensation for damage which may be done by the said Company to the other lands whereof the said A. B. is such tenant for life as aforesaid, He the said A. B., by virtue, and in exercise of the powers conferred by the said Acts respectively, doth hereby grant and convey unto the said Company and their assigns [Parcels-General Words-Estate Clause, supra, p. 479]: TO HOLD the said premises unto and to the use of the said Company and their assigns for ever, They the said Company or their assigns YIELDING AND PAYING henceforth unto the said A. B., his heirs or assigns, or other the person or persons who but for the grant hereby made would for the time being be entitled to the receipt of the rents and profits of the said premises, one clear yearly rent-charge of £, by equal half-yearly payments, on the day of day of free from all taxes and deductions except property tax, the first half yearly payment thereof to be made on the next, and the said rent-charge to be a 4. Reddendum. day of and first charge on the tolls and rates authorised by or 5. Covenants by and their assigns; AND THE SAID Company do hereby for themselves and their assigns covenant with the said A. B., his heirs and assigns, that they the said Company or their assigns, will pay the said yearly rent-charge on the days and in the manner aforesaid; AND THAT the said A. B., his heirs and assigns, shall have all such powers and remedies for securing and enforcing payment of the said rent-charge as are given by or exercisable under the several Acts hereinbefore mentioned, or any of them; AND FURTHER, that if any half-yearly payment of the said rent-charge shall at any time be in arrear for days, then and so often it shall be lawful for the said A. B., his heirs or assigns, or other the person or persons aforesaid, PRECEDENT BY LIFE TENANT TO RAILWAY RENT-CHARGE. 6. Covenants by vendor for right to convey free from in cumbrances, to enter into and upon the said land hereinbefore granted, or any part thereof, and to exclude the said Company and their assigns therefrom, and to hold the said land until he or they shall be paid and satisfied the said rent-charge and the arrears thereof due at the time of such entry or afterwards to become due during his or their possession of the said land, together with all costs and expenses occasioned by the nonpayment thereof, and such possession when taken to be without impeachment of waste]: AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said Railway Company, and their assigns, that notwithstanding anything by him the said A. B. or any of his ancestors or testators done, omitted, or knowingly suffered, he now hath power to grant and convey all the said premises hereinbefore expressed to be hereby granted unto and to the use of the said Company and their assigns free from all incumbrances; AND THAT it shall be lawful for -for quiet enjoyment, the said Company and their assigns, paying the aforesaid rent-charge at the times and in the manner herein before appointed for payment thereof, to hold and enjoy the said premises without any disturbance or demand by him or any person claiming through or in trust for him or any of his ancestors or testators; AND FURTHER, that he and for further every person claiming through or in trust for him, or any of his ancestors or testators, will at all times, so long as the said rent-charge shall be duly paid, at the cost of the said Company or their assigns, execute and do every such assurance and thing for further assuring the said premises unto the said Company and their assigns as by them shall reasonably be required. [Add the qualifying proviso numbered 19, Precedent IX., supra, p. 237.] AND THE SAID A. B., so as to bind himself and his heirs, 7. For producexecutors, and administrators only while having the tion of deeds. actual custody of the deeds and documents hereby covenanted to be produced, and so far as practicable to bind such deeds and documents into whosoever hands the same may come, and not so as to bind himself, his heirs, executors, or administrators, or to incur any liability in assurance. |