PRECEDENT TO RAILWAY COMPANY FOR A relation thereto, further or otherwise, doth hereby for himself, his heirs, executors, administrators, and assigns, BY LIFE TENANT Covenant with the said Company and their assigns, that he the said A. B., his heirs, executors, administrators, or RENT-CHARGE. assigns (unless prevented by fire or other inevitable accident) will, upon every reasonable request in writing by the said company or their assigns, or any person lawfully or equitably claiming any estate, right, title, or interest in or to the said premises or any part thereof, at the cost of the company, &c. [Remainder of covenant for production, supra, p. 481, omitting the parts relating to a lease. Add, if necessary, a covenant by the Company to execute accommodation works, supra, Precedent LXVIII. p. 485.] IN WITNESS, &c. (ADD Schedule.) PRECEDENT ASSIGNMENT OF AN ATTENDANT 1. Parties. Attendant terms, assign. ments of. LXX. ASSIGNMENT of an ATTENDANT TERM (a) in Trust for a PURCHASER. THIS INDENTURE, made, &c., between A. B., of, &c. (a) The Satisfied Terms Act, 8 & 9 Vict. c. 112 (as to which sec supra, p. 283, n. (a)), has rendered the assignment of attendant terms in freehold tenements and hereditaments, whether corporeal or incorporeal, and in all such customary land as will pass by deed, or deed and admittance, and not by surrender, in this country impossible; but the Act does not apply to the colonies, or to copyholds, or to lands passing by deed and surrender and admittance, nor, apparently, to customary hereditaments which are not land, and which pass by deed, or deed and admittance, nor to leaseholds where a term is created by sub-demise: see Davidson's Conc. Prec. 80, 5th ed.; and therefore, although the cases in which they will be required are rare, it has been thought right to include in this collection two Precedents of the assignment of such terms. The law with regard to attendant terms and the protection they afford is stated Sugd., p. 496; Dart, p. 329. his 9 PRECEDENT LXX. AN ATTENDANT 2. Recites term. 3. —last assurance of the freehold on which the term was assigned ; [termor], of the first part; C. D., of, &c. [mortgagee], of the second part; E. F., of, &c. [vendor], of the third part; G. H., of, &c. [parcel], of the fourth part: and I. K., of, &c. [pur- ASSIGNMENT OF chaser's trustee], of the fifth part: WHEREAS, by an indenture dated the 3rd day of June, 1803, and expressed to be made between [parties], All those [parcels verbatim], with creation of the appurtenances, were demised unto the said executors, administrators, and assigns, for the term of 500 years from the date thereof: AND WHEREAS, by an indenture dated the 15th day of January, 1848, and expressed to be made between [parties], the freehold and inheritance expectant on the said term of 500 years in the said hereditaments and premises were assured and limited by and by the direction of the said E. F. to the use of the said C. D., his heirs and assigns, subject to a proviso for the redemption of the said premises on payment by the said E. F., his heirs, executors, administrators, or assigns, to the said C. D., his executors, administrators, or assigns, of the sum of £, with interest on the day of (b): AND 4. WHEREAS, after divers mesne assignments and acts in the law, ultimately by an indenture of assignment dated the same 15th day of January, 1848, and expressed to be made between [parties], All such, and such parts of the said hereditaments and premises comprised in the said indenture of the 3rd day of June, 1803, as by the said indenture of mortgage of the 15th day of January 1848, were assured and limited to the use of the said C. D., his heirs and assigns, were assigned unto the said A. B., his executors, administrators, and assigns, for the then residue of the said term of 500 years, In trust for the said C. D., his heirs and assigns, and to be assigned as he or they should direct, and in the meantime to permit the same term to wait upon and attend the freehold and inheritance last assignment of term; (b) If this deed should not bring the title to the freehold down to the vendor on the present sale, the subsequent dealings with or descent of the freehold must be recited here in the proper order of date, until it is shown to be vested in the vendor. PRECEDENT ASSIGNMENT OF AN ATTENDANT 5. -purchase deed of even date; 6. purchaser desires an assignment of the term. 7. Testatum: -assignment, -parcels, of the said hereditaments and premises therein comprised, and to protect the same from all mesne incumbrances, if any such there were, but subject to the same equity of redemption as the freehold and inheritance then were or should become subject to by virtue of the herein before recited proviso for redemption (c): AND WHEREAS, by an indenture bearing even date with these presents, and expressed to be made between [parties], the said C. D. hath granted and released, and the said E. F. hath granted and confirmed, unto the said G. H. and his heirs, the said hereditaments and premises comprised in the said term of 500 years (d), with the appurtenances, to hold the same unto the said G. H. and his heirs, freed and discharged from the said mortgage of the 15th day of January, 1848, To such uses [supra, p. 308]: AND WHEREAS the said G. H. is desirous that the said hereditaments and premises comprised in the said term shall be assigned by the said A. B. to the said I. K., his executors, administrators, and assigns, upon the trusts hereinafter declared: NOW THIS INDENTURE WITNESSETH, that, for effectuating the said desire, and in consideration of the premises, he the said A. B., by the direction as well of the said E. F. as of the said C. D., and on the nomination of the said G. H., doth hereby assign Unto the said I. K., his executors, administrators, and assigns, ALL SUCH, and so many, and such parts of the said hereditaments, by the said indenture of even date herewith expressed to be granted to the uses hereinbefore recited as by the said indenture of assignment of the 15th day of January, 1848, were assigned unto the said A. B., his executors, administrators, and assigns (e), with their rights, ease (c) Any devolution of the term from the assignee by this deed to the present termor must be recited here. (d) If part only of the premises in the term are conveyed by the deed of even date, the parcels so conveyed will be set out in the recital. (e) It would be technically more correct to assign all such of the hereditaments by the indenture of the 15th January 1848 assigned PRECEDENT .LXX. ASSIGNMENT OF AN ATTENDANT -estate clause. ments, and appurtenances: AND ALL the estate, and interest, of the said A. B. therein: To HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby assigned UNTO the said I. K., his executors, administrators, and assigns, for the residue of the said term of 500 years, IN TRUST for the said G. H., his Habendum : heirs, appointees, and assigns, and to assign and dispose of -in trust to the same as he or they shall direct, and in the meantime attend. to permit the same to attend the reversion, freehold, and inheritance of the said premises therein comprised, and to protect the same from all mesne incumbrances, if any such there be. [Covenant by A. B. with I. K., his executors, administrators, and assigns against incumbrances, supra, p. 249.] IN WITNESS, &c. LXXI. ASSIGNMENT of Two ATTENDANT TERMS in SEPARATE Properties to a Trustee for a Purchaser (a). PRECEDENT ASSIGNMENT TERMS. THIS INDENTURE, made, &c., between A. B., of, &c. [assignor] of the first part; C. D., of, &c., and E. F., of, &c. [trustees of legal estate in the premises], of the second 1. Parties. to A. B., as by the deed of even date have been granted to uses in favour of G. H.; but the practice of taking the assignment in the form in the text was established by such long usage that it is thought right to adhere to it in the present work. (a) In the Precedent, the skeleton of which is given in the text, it appears that both the terms had become vested in one trustee at the date of the assignment. If it happen that the terms are in different trustees, the frame of the recitals will not be materially different; they will commence with the creation of the terms in the order of date, and then pass in the usual way to those conveyances of the respective reversions on which the terms were last assigned to attend, and to the assignments themselves; and afterwards trace the devolution of the fee in the usual manner. There will be distinct witnessing parts for each term, each having its own habendum referring to the subsequent declaration of trust, and each being Form of assignment when in different trustees. the terms are PRECEDENT ASSIGNMENT 2. Recitals; 3. conveyance to purchasers; part; the said A. B. and G. H., of, &c. [vendors], of the followed by the covenant against incumbrances from the assignor ; "And it is hereby agreed and declared that the said [trus- trust, &c." years and as in the text. See further, supra, notes to Precedent LXX. (b) An exception of this kind should be inserted if any of the |