PREC. VII. Agreement for sale. Witnesseth. Assignment. Parcels. Habendum. AND WHAS the sd A. has agrd with the sd B. for the sale to him Recital as to concur rence of lessor. Proviso restricting licence. Variation where no money passes. and he is made a party to the assignment (which is not usual), the following recital will be inserted in this place : 66 : "AND WHAS the sd, lessor, has agrd to concur in these psnts, for the ppose of givg his consent in mner hinafter appearg to the assnmt hby made," and the assignment will be expressed to be made with the consent (hby testified) of the sd, lessor,” and the following proviso should be added immediately after the habendum : “PROVD always that the licence hinbfe given by the sd, lessor, shl not be deemed to authorise any further assnmt [or any underlettg] of the premes.' If the lessor gives licence by a separate instrument (for form of which, see LICENCES), the following recital of the fact may be inserted in this place: "AND WHAS the necy licence in writg of the landlord to the assnmt hby made has been duly obtained." In either of the above cases if the property assigned is comprised in more than one lease, and licence is required for the assignment of the property comprised in one lease only, add in the recital, after the words "hby made," the words "of the premes comprd in the sd indre of lease of, &c.' "AND WHAS (a) If the lease is at a rack rent and no money passes, say, the sd A. has agrd with the sd B. for the assnmt to him of the premes, &c., &c., in conson of the covt of the sd B. hinafter contd." The consideration will be similarly stated in the operative part. If any of the muniments are retained add here introductory recital (if thought proper) as to muniments, see p. 374; and acknowledgment and undertaking after the habendum, see p. 418. PREC. VII. Covenant of & contd (b); AND the sd B. doth hby for himself & his assns, covt with the sd A., that he the sd B., his exs, ads, or assns, will henceforth durg the continuce of the sd term indemnity against pay the rent reserved by & pform & observe the covts & rent and agrmts on the pt of the lessee & condons contd in the sd covenants (c). indre of lease & will at all times keep the sd A., his hrs, exs, & ads, effectually indemnified agst all actions & pcdgs, costs, damages, expses, claims, & demands whatsr by reason of the non-paymt of the sd rent or any pt thof, or the breach, non-pformce or non-observce of the sd covts, agrmts, & condons, or any of them. IN WITS, &c. VIII. ASSIGNMENT of LEASEHOLDS by the original LESSEE to a PARTIES, the within-named A. (hinafter called the vendor), 1; B., of, &c. (hinafter called the pchaser), 2. WITNETH that in conson, &c. (the rect, &c.), the vendor, as benefl owner, PREC VIIP (b) And, if so, " & subjt to an indre of underlease dated, Variation, &c., & made, &c., whby the premes were demised to Y. of, subject to &c., for the term of yrs from the day of at the (c) As to the cases in which this covenant is required, see p. 419, note; and for variations therein, see the form at p. 420. underlease. deed. (d) See the last precedent and notes thereto. If the deed is supplemental Variation for suppleinstead of endorsed, add after the parties, "supplemental to an indre mental of lease dated, &c., & made, &c. (hinafter refd to as the sd lease); and make the necessary substitutions for the expressions "within named," "within written," &c., which are appropriate only to an indorsed deed. Occasionally the lessor is willing to release the original lessee from the covenants of the lease, on having a substituted covenant from the assignee ; in that case the lessor will be added as a party of the second part, and the Assignment. Parcels. yrs PREC. VIII. doth hby assn unto the pchaser, ALL the premes demised by the within-written indre of lease, TO HOLD to the pchaser, his exs, ads, & assns, for the residue of the term of grted by the sd lease, subjt to the rent, covts, & condons of the sd lease AND the pchaser hby covts with the vendor to keep him & his exs & ads at all times indemnified agst such rent, covts & condons, & all claims, pcdgs, costs, & expses in respt thof. IN WITS, &c. Habendum. Covenant of indem nity. IX. PREC. IX. Recitals. Variation the assignee entering into a substituted covenant. CONVEYANCE of FREEHOLDS and LEASEHOLDS by PARTIES, A. & B., trees & exors, 1; C., pchaser, 2. Recite lease, p. 357; & devolon of title to testor, p. 359, saying, "became absolutely vested," &c., &c.; will of X., settg forth following will be added at the end of the deed in place of the covenant of indemnity: "AND THIS INDRE ALSO WITNETH that in conson where lessor of the covt of the sd B., pchaser, hinafter contd & of the releases premes, the sd X., lessor, doth hby rele the sd A., his hrs, exs, original lessee from & ads, from all & singr the covts & agrmts on the pt of the sd covenants, A. in the sd indre of lease contd & all liability thrunder, & all actions, pcdgs, claims, & demands in respt of any breach of any such covts htofore or hrafter committed or happeng: PROVD ALWAYS that the rele hinbfe contd shl not affect the sd covts & agrmts so far as the same are real covts & agrmts bindg on the sd demised premes, & the psons from time to time possed thof, but only so far as regards the psonal liability of the sd A., his hrs, exs & ads, thrunder: PROVD ALSo that the sd rele or anything hrin contd shl not prejudice or affect the rt of the sd X., his exs, ads & assns, to re-enter upon the sd demised premes for non-paymt of the rent reserved by or the breach of any of the covts, agrmts, or condons contd in the sd lease: [Add covt by assnee with lessor to pay rent & pform corts, & power of re-entry on breach of cort, as in a lease mutatis mutandis. See LEASES.] Effect of (a) By the Settled Land Act, 1882 (45 & 46 Vict. c. 38), s. 63, where land genl devise & bequest in trust for sale & conversion, & rect clause (if any) & apptmt of exors: death & probate & testor's seisin of freehd, p. 362, mutatis mutandis; AND WHAS the sd A. & B., as trees of the sd will & in psuance of the trust for sale thrin contd as afsd, have agrd with the sd C. for the sale to him of the sd freehd hds & premes subjt to such reservon as is PREC. IX. Land Act, 1882, is held in trust for sale, if the proceeds of sale and the rents until sale, or kept alive, the consent of the tenant for life or limited owner was made If the sale is for payment of debts or legacies under a charge in the will, s. 63 of the Act of 1882 would not apply, and the power of executors to sell for payment of debts would also of course be paramount. It should be observed that the rule laid down in Re Tanqueray-Willaume and Landau, 20 Ch. D. 465, that where executors are selling real estate charged with debts after 20 years from the testator's death, a presumption arises that the debts have been paid, and a purchaser is therefore put on inquiry, does not in general apply to executors selling leaseholds under their common law power, unless the purchaser has notice that the bequest has been assented to: Re Whistler, 35 Ch. D. 561; see generally as to sales for payment of debts, 2 Dav. Prec., Pt. 2, pp. 468 et seq., note. s. 63, as to trusts for as modified by the Act of 1884, s. 7. As to sales for payment of debts or legacies. As to whether a married woman trustee for sale can convey and give a Married discharge for the purchase-money as a feme sole without the concurrence of woman her husband, see p. 229. trustee. That a trust for sale, whether peremptory or discretionary, remains in Trust for force although all the beneficiaries have become absolutely entitled in sale, when possession and are sui juris, until they all concur in putting an end to it by spent. electing to take the property unconverted, see 1 White & Tudor, L. C. Eq., p. 993; Biggs v. Peacock, 22 Ch. D. 284; Re Tweedie, 27 Ch. D. 315; 32 Sol. J. 729. As to the power of the representatives of the last surviving trustee to sell under a trust for sale, see Re Morton, 15 Ch. D. 143; Re Cunningham, [1891] 2 Ch. 567, above p. 101; the Conv. Act, 1881, s. 30; Lewin, Trusts, p. 245. For a form where the tenant for life joins to consent and covenant for the title, see infra. Sale by representatives of last trustee. Witnesseth. Grant. PREC. IX. hinafter contd, for the sum of £ -, & as exors of the sd will (a) have agrd with the sd C. for the sale to him of the sd. leasehd hds & premes for the sum of £- -: NOW THIS INDRE WITNETH that, in psuance, &c., & in conson, &c., the pchase-moy for freehds (b) (the rect, &c.), the sd A. & B., as such trees as afsd, do resply hby grt unto the sd C., peels, p. 377 et seq.; reservon of rt of way, p. 390; habendum to C., in fee, p. 393. AND THIS INDRE ALSO WITNETH that in psuance, &c., & in conson, &c., the pehase-moy for the leasehds (the rect, &c.), the sd A. & B. as psonal repves of the sd X., do resply hby assn unto the sd C., leasehd pcels by referce to lease, p. 381; habendum to C., subjt to rent & corts, p. 396; [acknmt by A. & B. as to munimts, p. 418]; cort by C. to indemnify A. & B. & este of X. agst rent & corts of lease, p. 419. IN WITS, &c. Further witnesseth. Assign ment. PREC. X. Recitals. Sale of leaseholds X. CONVEYANCE of FREEHOLDS by MORTGAGOR and MORTGAGEE to a purchaser. VARIATIONS where there have been a TRANSFER and FURTHER CHARGE, and other dealings with the mortgage; also where PART of the PURCHASE-MONEY is paid to the MORTGAGEE, in part discharge of the mortgage debt, and where the WHOLE of the PURCHASE-MONEY is paid to the MORTGAGOR. Also where CONCISE RECITALS are inserted (c). PARTIES, A., mtgor, 1; B., mtgee, 2; C., pchaser, 3. WHAS by an indre dated, &c., & made, &c., in conson of the sum of (a) Although the leaseholds are comprised in the bequest in trust for sale, the sale of the leaseholds should be made by the executors in that by trustees character, unless it appears that they have assented to the bequest; but if they sell under the trust for sale, that would, of course, amount to an assent. If they sell as executors, the bequest to them in trust for sale is of course immaterial, and need not be recited as far as the leaseholds are concerned. or execu tors. Discharge of equitable mortgages. As to notice (b) The purchase-money is kept distinct, as the freeholds and leaseholds are sold by the vendors in different characters. (c) If the mortgage is equitable only, it may and should (in order to keep it off the title) be discharged by a simple receipt on the deed or memorandum of charge, and the property conveyed as unincumbered; see 2 Dav. Prec., part 2, pp. 277, 821. That a first mortgagee with notice of a second mortgage, who concurs |