PREC,

XLVII.

Monies payable under

indemnity

to be a

charge (b).

Restriction of powers of distress, &c., as to time.

premes retained by him as afsd, or any pt thof, or shl incur any costs, damages, or expses by reason of the non-paymt thof, or of any breach by the sd A., his exs, ads, or assns, of the covts or condons contd in the sd indre of lease & affectg the premes retained by him the sd A., then it shl be lawful for the sd B., his exs, ads, or assns, into the sd last-mentd premes or any pt thof, [to enter & distrain as landlords may do for rent reserved upon leases, & also (by way of addonal remedy)] to enter upon & remain in the posson or rect of the rents & profits of the same premes until by the means afsd or orwise the sd yrly rent of £ so in arrear, & all costs, chges, & expses occasd to the sd B., his exs, ads, or assns, by the nonpaymt thof, or by the breach or non-pformce by the sd A., his exs, ads, or assns, of any such covts or condons as afsd (as the case may be) shl have been fully pd & satisfied. Cort by B. for paymt of apportioned rent & pformce of corts in lease affectg "the sd premes hby assned" & for the indemnity of A., " & the premes retained by him as afsd," p. 419; & grt by B. to A. of powers of [distress &] entry, similar, mutatis mutandis, to the covts & powers entd into & given by A. (a), And it is hby agrd & decld that all moys wch may become payable to eir of them the sd A. & B., his exs, ads, or assns, under the respive covts of indemnity hinbfe contd shl be a chge upon the portion of the premes comprd in the sd lease belonging to the other of them, his exs, ads, or assns, & be recoverable accdly by sale or such other means as may be available in that behalf under the Convcg & Law of Ppty Act, 1881, or orwise. [Acknmt & undertakg as to the lease & munimts, to be entd into by A. if they are retained by him, or orwise by B., p. 418.] IN WITS, &c.

(a) If the lease be for more than 21 years unexpired, the following may be added to avoid the doubt as to perpetuity:

"Provd always & it is hby agrd & decld that the respive powers of distress & entry hinbfe given to the sd A. & B. resply & their respive exs, ads, & assns shl be restricted to the lives & life of H. M. the Queen & her issue now livg & the survors & survor of them & 21 yrs after the dece of such survor, & such further period for wch the same may lfully be so given."

(b) This, unless merely incidental to the main purpose of the deed, might make it liable to a mortgage stamp; but the point is of small moment.

XLVIII.

ASSIGNMENT of PART of the PROPERTY in a LEASE which
has already been ASSIGNED at an APPORTIONEd Rent.

PREC. XLVIII.

Recite lease, p. 357; Recitals. an apportioned rent,

PARTIES, A., vendor, 1; B., pchaser, 2. Assignmt to K. of pt of the leasehds at p. 359, form xxXXIX.; Devolon of title, p. 359, to "the hds hby assned to A. "for the residue of the sd term of yrs, subjt to the apportioned rent of £ chged thron by the sd indre of, &c., & to the covts & condons contd in the sd lease so far as the same relate to the same hds, & with the benefit of & subjt to the covts & provons contd in the sd indre of assnmt of, &c., as to the apportionmt of the sd entire rent of £& orwise;" Agreemt for sale, p. 370, "for the residue of the sd term, subjt to the sd apportioned rent of £————, & with the benefit of & subjt to the covts & provons contd in the sd indre of assnmt: NOW THIS INDRE WITNETH, that in psuance, Wit&c., conson (the rect, &c.), the sd A., as benefl owner, doth hby assn unto the sd B., pcels, p. 381: Habendum, p. 396, form xiv., with variation in note; Covt by B. with A. to "pay the apportioned rent of £, & pform & observe the covts & agrmts on the pt of the sd K., & condons reserved by & contd in the sd indre of assnmt, & will at all times keep the sd A., &c.," p. 419, form 1. [Acknmt & undertakg as to munimts, p. 418.] IN WITS, &c.

nesseth.

XLIX.

ASSIGNMENT of LEASEHOLDS sold in Lors to purchaser
of LARGEST LOT on TRUST to grant UNDERLEASES to
other pchasers.

PREC.

XLIX.

Recite lease, p. 357; Recitals. WHAS the sd A. has Sale in

PARTIES, A., vendor, 1; B., pchaser, 2. [Devolon of title to A., p. 359]: AND recently sold the premes comprd in the sd lease to the sevl lots. psons in the respive lots for the respive sums, & subjt to the apportioned rents specified in the schdle hto; & it was agrd on the sd sales that the sd A. shd assn all the premes comprd

PREC. XLIX.

Witnesseth.

Haben

dum.

in the sd lease to the sd B., & that he shd exte to each other pchaser such underlease of his lot as hinafter mentd: NOW THIS INDRE, &c., conson (the rect, &c.), the sd A., as benefi owner, doth hby assn unto the sd B., pcels by referce to lease, p. 381, TO HOLD the same, subjt to entire rent & covts, &c., of the lease, p. 396, form XIV., as to the premes comprd in lot 1, as descd in the schdle hto, for the absolute use & benefit of the sd B., his exs, ads, & assns, And as to each of the other lots Upon trust descd in the sd schdle hto, UPON TRUST at any time at the reqt to grant underlease. of the sd A., his exs, ads, or assns, to exte a pper underlease thof, unto & at the cost of the pchaser thof, to commce from the day of & to be for the residue of the sd term of yrs, except the last day of such term, at the yrly rent mentd in the schdle hto as apportioned on such lot, such rent to commce & be computed from the sd day of & such underlease shl contain the covts & provons follg, that is to say, give epitome of corts, &c., see next Precedent, or, " such underlease shl be in the form contd in the 2nd schdle hto," with such modificons as the circes of each case may require: AND IT IS HBY AGRD & decld that until each such underlease shl be grted, the sd B., his exs, ads, & assns, shl stand possed of the lot to be comprd thrin, upon trust for the sd A., his exs, ads, & assns, subjt in equity to the paymt, pformce, & observce by the sd A., his exs, ads, & assns, of the rent & covts by the lessee, & condons to be reserved by & contd in such underlease as hinbfe provd, & subjt to the agrmt for the sale thof hinbfe mentd; Covts by B. with A. to pay rent & pform covts in lease, p. 419. IN WITS, &c.

Declaration of trust.

[Schdle in columns, containg a short description of each lot, pchasers' names, the rents apportioned on, & pchase-moy for, each lot.]

[2nd Schdle containg form of underlease.]

L.

UNDERLEASE to a PURCHASER of PART of LEASEHOLDS
held under one lease, and sold in Lors. The LEASE
having been ASSIGNED to another PURCHASER at the
same sale. To accompany LAST PRECEDENT.

PREC. L.

ment.

PARTIES, A., vendor, 1; B., pchaser of one lot, assnee of lease, 2; C., pchaser of anor lot, 3. Recite lease, p. 357, of Recitals. "the hds hby demised togr with other hds;" Devolon of Agrcetitle, if any, to A., p. 359; AND WHAS the sd A. has agrd with the sd C. for the sale to him for the sum of £ of the hds hby demised, wch form pt of the premes comprd in the sd lease, at the apportioned rent of £: AND WHAS upon the treaty for the sd sale it was agrd that the sd A. shd assn the whole of the premes comprd in the sd lease to the sd B., for all the residue of the sd term of yrs thby grted, & subjt to the sd rent thby reserved, & to the covts & condons thrin contd, & that the sale of the portion of the premes agrd to be sold to the sd C., as afsd, shd be effectuated by the sd B. extg an underlease thof to the sd C., at the sd apportioned rent of £- for the term, & subjt to such covts & provons & orwise as hinafter expd: AND WHAS in psuance of the sd arrangemt, the sd premes comprd in the sd lease have been assned by the sd A. to the sd B., by an indre dated, &c., & Assignmade, &c., but upon trust to grt such underlease to the sd C., as hinbfe mentd: NOW THIS INDRE WITNETH that in Witnesseth. psuance, &c., conson, pehase-moy pd to A. by C. (the rect, &c.), the sd B. by the diron of the sd A., doth hby demise, & the Demise. sd A. doth hby confirm unto the sd C., peels, p. 377, “being pt of the premes comprd in the sd lease" (a), TO HOLD the Habensame UNTO the sd C., his exs, ads, & assns henceforth for all the residue now unexpired of the sd term of yrs grted by the sd lease, except the last day thof; Reservon to B. of rent apportioned on C.'s lot; Corts by C. with B. to pay such apportioned rent, & to pform corts in head lease (other than

(a) The clause in the Conv. Act, 1881, s. 63, making a conveyance pass " all the estate" of the grantor is of course excluded in the case of a lease by the expression of a contrary intention, notwithstanding the definition of conveyance" in s. 2.

K.E.-VOL. I.

M M

ment.

dum.

PREC. L.

the covt for paymt of rent) so far as the same affect the ppty demised to C. & to indemnify B. agst breaches of such covts, & not to forfeit the head lease; And provo for re-entry on non-paymt by C. of his apportioned rent, or breach of any cort by him, see LEASES; Covts by B. with C. that B. "will during the sd term pay the rent reserved by the sd lease on the first day on wch the same shl be payable, & will pform & observe all the covts & agrmts on the pt of the sd, origl lessee, & condons contd in the sd lease so far as the same affect the premes comprd in the sd lease other than the sd premes hby demised;" Not to do anything to forfeit the head lease; Cort by B. with C. for quiet enjoymt (a), see LEASES. [Acknmt & undertakg by B. as to prodon, &c., of lease, p. 418.] IN WITS,

&c.

PREC. LI.

Recitals.

LI.

UNDERLEASE for effectuating the sale to a LIMITED COMPANY of MINING PROPERTY (b) held under a LEASE containing a COVENANT against ASSIGNING or UNDERLETTING without the LESSOR'S LICENCE, which is refused as to an assignment. The PURCHASE-MONEY being payable by INSTALMENTS. ASSIGNMENT of FIXED MACHINERY, &c., belonging to the VENDOR.

PARTIES, A., vendor, 1; The Co, Limd (hinafter called the Co), 2. Recite lease of mining ppty, p. 358, containg a power to the lessee to determine it on notice, & a cort Agreement agst assng or underlettg witht licence: AND WHAs the sd A. has agrd with the Co for the sale to them of the sd premes

for sale.

Covenants for title.

(a) As this is a demise at a rent," covenants for title, &c., cannot be implied by making A. and B. demise, &c., as "trustee" or "beneficial owner," see the Conv. Act, 1881, s. 7 (5); but as the purchaser, although only a lessee, would have the benefit of the vendor's covenants contained in the assignment to B. (see the Act, s. 7 (6)), no further covenants on the part of A. are required, and the ordinary lessor's covenant by B. for quiet enjoyment will suffice.

(b) As to the notice necessary on change of ownership of a mine, see the Coal Mines Regulation Act, 1887 (50 & 51 Vict. c. 58), ss. 36 (iv) and 75.