by pur

the vendor

mortgage

III. AND the sd, pchaser, doth hby covt with the sd, vendor, Covenant that he, the sd, pchaser, his hrs, exs, ads, or assns, will pay chaser of to the sd, mtgee, his exs, ads, or assns [on such paymt being equity of redemption lawfully demanded] (f) the sd ppal sum of £- so owing on to pay and the secy of the sd recited indre of mtge as afsd, & the intt indemnify now & henceforth to become due in respt thof, & will at all against times keep the sd, vendor, his hrs, exs, & ads, effectually debt (e). indemnified agst the same & every pt thof, & all actions, pedgs, costs, chges, claims, & demands whatsr in respt thof; PROVD ALWAYS that if the sd, vendor, his hrs, exs, or ads shl be called upon to pay, & shl pay the sd ppal sum of £- & intt or any pt thof resply, the moy so paid by him or them, with intt thron at the rate, &c., from the time of paymt thof, shl be & the same is hby made a chge upon the sd hds & premes hby assured for the benefit of the pson or psons so paying the

same.

IV. THE sd, vendor, doth hby covt with the sd, pchaser, & his assns, that he the sd, vendor, his hrs, exs, or ads, will, when & as soon as any duty or duties shl become payable in respt of the premes hby assured upon the death of the sd A.,

(e) As to the right of the vendor to indemnity, apart from contract, see Waring v. Ward, 7 Ves. 332, 337. As to the rights of the parties generally, in case of an assignment of an equity of redemption, see Kinnaird v. Trollope, 39 Ch. D. 636; 32 Solrs. J. 717.

(ƒ) The object of the words in brackets is to preclude the vendor from requiring the purchaser to pay off the mortgage so long as he is kept indemnified; see 2 Dav. Prec. Pt. 1, 453, note (d). This may, if preferred, be effected by adding the following at the end of the covenant::

Covenant by vendor for payment of

death

duties (g).

Vendor not

to require payment of

"PROVD always that the sd, rendor, his hrs, exs, or ads, shl not be entled to require the sd ppal sum & intt, or any pt thof to be pd off, in case & so long as he & they shl be kept debt if inindemnified in respt thof as afsd."

demnified.

Succession

(g) Where the purchase is of the fee simple in possession the vendor has, as between himself and the purchaser, to pay all succession duty which may duty. become payable under any existing disposition, of the property, including the duty already accrued but payable only on the falling-in of beneficial leases subject to which the land was sold. Re Kidd, 1893 1 Ch. 695; but where a reversionary interest is sold, the purchaser has, in the absence of special contract, to pay the succession duty arising on its falling into possession. Cooper v. Trewby, 28 Beav. 194: approved in Re Langham, 60 L. J. Ch. 110, 39 W. R. 156 (C. A.); Hanson, 332. A rateable part of the estate duty Estate is charged on property not passing to the executor as such. (Finance Act, duty. 1894, s. 9.) Probably on the sale of a reversion the purchaser has in the absence of special contract to pay the estate duty on its falling into possession.

Covenant

by pur

chaser to pay death duties in

respect of reversion

(a).

Covenant by purchaser to

vendor

against

pay & dischge the same, & will at all times keep the sd, pchaser, his hrs, exs, ads, & assns, effectually indemnified, &c., as in last form.

V. THE sd, pchaser, doth hby covt with the sd, vendor, that he the sd, pehaser, his hrs [or, exs, ads] or assns, will when & as soon as any duty or duties shl become payable in respt of the premes hby assured upon the death of the sd, tenant for life, pay & dischge the same, & will at all times keep the sd, vendor, his hrs, exs, & ads, effectually indemnified, &c, as in form III.

VI. THE sd, pehaser, doth hby covt with the sd, vendor [& his assns (c)], that he the sd, pchaser, his hrs [or, exs, ads] indemnify & assns, will at all times hrafter duly observe & pform the covts by the sd, vendor, & restrictive provons in the sd indre restrictive of, &c., contd in relon to the premes hby assured, & will at all times keep the sd, vendor, his hrs, exs, & ads, effectually indemnified agst all actions, &c., see form III. in respt of the sd covts & restrictive provons or any of them.

covenants

in former. convey

ance (b).

Covenant by purchaser to pay and indemnify vendor against rent

charge.

Covenant by pur

chaser to pay debts, on assigninent of business.

VII. THE sd, pchaser, doth hby covt with the sd, vendor, & his assns, that he the sd, pchaser, his hrs & assns, will henceforth pay the sd rentchge of £, reserved by the sd indre of, &c., & pform & observe all the covts on the pt of the sd, vendors, & condons in the same indre contd in respt of the hds hby assured, & will at all times keep the sd, vendor, his hrs, exs, ads, & assns effectually indemnified agst all actions, pedgs, costs, damages, expses, claims, & demands whatsr in respt of the same rent-chge, covts, & condons.

VIII. THE sd, pchaser, doth hby covt with the sd, vendor, that he the sd, pehaser, his exs or ads, will in due course pay & dischge all the debts & liabilities of the sd business wch were subsistg on the day of —, 18—, or have since been incurred as appearg in the books of the sd business & wch now remain outstandg or undischged, & will at all times

See now the provisions of the Customs, &c. Act, 1889 (52 Vict. c. 7), ss. 12—
14, for the relief of purchasers in respect of unpaid succession duty, which
are made applicable to estate duty by the Finance Act, 1894, s. 8 (2).
(a) See last note.

(b) As to vendor's rights apart from contract, see 1 Dart, V. & P. 631.
(c) The words in this bracket will be inserted if the vendor has other
property subject to the restrictive covenants for the protection of which the
covenant is inserted.

hrafter effectually keep indemnified the sd, vendor, his hrs, exs, & ads, agst all such debts & liabilities as afsd, & all actions, pedgs, costs, damages, & expses in respt thof.

policy is now a valid that life

IX. THAT notwg anything by him the sd, vendor, done, Covenant omitted, or knowingly suffered the sd subsistg policy for the sd sum of £ addons, if any, wch have been added thto.

policy is & for all bonuses & subsisting.

to insure

life.

X. THAT he, the sd, vendor, will at any time hrafter [durg To enable the jt lives of himself & K.], at the reqt & at the expse of the purchaser sd, pchaser, his exs, ads, or assns, appear at any life assurce vendor's office or offices in London or Westminster, or bfe the agent or agents of any such office or offices in the coy where he, the sd, rendor, may happen to be resident & actually be, & then & there truly answer such questions & make such declons as shl or may be asked or required touchg or concerng his age & state of health, & do all other necy acts in order to enable the sd, pchaser, his exs, ads, or assns, at his or their expse, to effect a policy or policies of assurce on the life of him, the sd, vendor.

policy.

Variation

where the policy is

XI. THAT he, the sd, vendor, will not at any time do or Not to knowgly omit or suffer anything [other than the omission to vitiate pay the premiums, wch are to be pd by the sd, pchaser, his exs, ads, or assns], whby the sd policy [any policy wch may be effected as hinbfe provd] may become void or voidable, or whby the sd, pchaser, his exs, ads, or assns, may be prevented from receivg the moys thby assured, or any bonus or addon thto or any pt thof resply.

not yet

effected.

increased

XII. THAT if the sd, vendor, shl at any time do or knowgly To pay omit or suffer anything whby any addonal premium or paymt premiums shl become payable in respt of the sd policy, then he, the sd, if required. vendor, will from time to time thrafter pay to the sd, pchaser,

his
exs, ads, or assns, such sum or sums of moy as shl become
payable as an addonal premium or paymt for keepg the sd
policy on foot, one week at least bfe the first day on wch such
addonal premium or paymt shl become payable to the assurce
office in respt of such policy.

certain

XIII. THAT he, the sd, vendor, will from time to time give To give to the sd, pchaser, his exs, ads, or assns, at least days, notices notice in writg of his inton to do, omit, or suffer anything whby such addonal premium or paymt as afsd will become

Commence-
ment of re-
strictive
covenants
by pur-
chaser as
to building
or other

matters (a).

Purchaser to give notice of covenants

(d).

Clause limiting personal

liability of

payable, or to change his abode, & will forthwith, on being required so to do, give to him or them such informon as to his abode or intd change of abode as may be required, & that the exs or ads of the sd, vendor, shl within

days after his death send informon thof to the sd, pchaser, his exs, ads, or assns, by lre sent through the post addressed to him or them at his or their usual or last known place of abode in England. XIV. THE sd, pchaser, doth hby, for himself & his assns [The sd, pchasers, do hby, for themselves & their assns jtly, & each of them doth for himself & his assns septely (b)], covt with the sd, vendor, his [vendors, their] hrs & assns, the owner or owners for the time being of the lands coloured sd plan hrunto annexed (c), [& as a septe covt with each of them, the sd, vendors, his hrs & assns] in mner follg, that, &c., see CONDONS OF SALE, p. 285 et seq., or, "that the sd, pchaser, his [pchasers, their respive] hrs & assns, will at all times hrafter observe & pform the stipulons & regulons in relon to the sd lands & premes hby assured wch are contd in the schdle hto."

on the

XV. THAT for the ppose of makg the covts of the sd A. [& B. resply] hinbfe contd to run with & bind the sd hds &

(a) See the forms of restrictive stipulations in CONDITIONS OF Sale, pp. 285 et seq.

(b) Some practitioners add, " & to the intent & so as to bind not only himself [themselves] psonally but also (so far as practicable) all psons claimg title under him [them resply] to," or, "all future owners & tenants of, the lands & premes hby assured or any pt thof, & to bind such lands & premes into whosoever hands the same may come." If it is wished to exclude or limit the personal liability of the purchaser or purchasers, the following may be substituted for it :

To the intent & so that the covts hinafter contd shl be bindg on the sd lands & premes hby assured, into whosoever hands the same may come, but not so as to be psonally liable purchaser. in damages for any breach thof after he, the sd, pchaser [they, the sd, pchasers, resply] shl have parted with the premes."

As to how far restrictive covenants can be made binding on the assigns of the covenantor, see p. 306, note.

(c) See p. 286, note.

(d) Notice of the covenants should if possible be endorsed on one or more of the covenantor's title deeds; see p. 46, note.

premes, the sd A., his hrs & assns, [the sd A. & B., resply, & their respive hrs & assns] will upon every convce, lease, or other assurce of the premes or any pt thof, give to the pchaser, lessee, or grtee express notice of such covts.

non-payment of

or breach

XVI. PROVD always, & these psnts are exted on this express Power of condon, that if the sd, pchaser, his hrs or assns, shl at any re-entry in time durg the lives or life of the pties hto, or, "of Her in fee on Majesty the Queen & her descendants now livg," or of the survors or survor of them or within twenty-one yrs after the rent-charge dece of the last survor of them make default in paymt of the of covesd yrly rent of £— within thirty days after the same shl nants (e). have become due (whether demanded or not), or shl at any time within the sd period of lives in being & 21 yrs after make default in pformg or observg any of the covts & stipulons (whether negative or affirmative) hinbfe contd & on his or their pt to be pformed & observed, then, & in such case, it shl be lful for the sd, vendor, his hrs or assns within the sd period of lives in being & 21 yrs after, into & upon the premes hby assured, or any pt thof, in the name of the whole, to enter & to do thron any act wch may be requisite specifically to pform the covts by the sd, pchaser, hinbfe contd, [includg the pullg down of houses, bldgs, or other erections], & to remain in posson & rece the rents & profits thof until all the sd covts & stipulons shl have been duly pformed & observed, & any breach thof made good, & until the sd, pchaser, his hrs or assns, shl have pd to the sd, vendor, his hrs or assns, all rent in arrear & all costs, chges, & expses pperly incurred by him or them in or about the doing of any such act as afsd, or occasd by any such non-paymt or breach of covt as afsd, togr with intt thron at the rate of £5 p.c. p.a., or until the same shl have been satisfied out of the rents & profits of the premes: PROVD NEVS that such rt of entry & Proviso. other powers & remedies afsd shl not be exercised or put into force by the sd, vendor, his hrs or assns, unless & until he or they shl have given to the sd, pehaser, his hrs or assns, or left upon the premes hby assured, notice in writg to make good such default, & all costs, damages, & expses incurred as afsd,

(e) See above, p. 305, note, and especially p. 306, as to restricting the power to lives in being and 21 years after.