PREC. LXXXVI. nesseth. D. contd in the hinbfe recited indre for the prodon & furnishg copies & safe custody of the sd deed of convce: NOW THIS INDRE WITNETH that in conson of the premes, acknowemt Wit& undertakg by A., B., & C. to E., p. 418: AND THIS INDRE Further ALSO WITNETH that, in conson of the premes, the sd E. witnesseth doth hby rele the sd D., his hrs, exs, & ads, from the sd covt contd in the sd indre of, &c., & from all liability thrunder, so far as relates to the sd deed of convce wch has been delivered to the sd A., B., & C., as afsd, but not further or orwise. IN WITS, &c. (a). (a) Such a deed as this would be unnecessary where the former covenants were in the form of the statutory acknowledgment and undertaking instead of the old form of express covenant, as the liability under the statutory form ceases ipso facto on the deeds being parted with; see p. 413, note. release of vendor. COVENANTS, FORMAL PARTS OF. Covenant by one with one. Covenant by two jointly and Covenant jointly and Covenant I. THE sd A. (a) hby covts with the sd B. (b) that (c), &c. II. THE sd A. & B. hby [for themselves & their assns] covt, & each of them hby [for himself & his assns] covts septely with, &c. III. THE sd A., B., C., & D., hby [for themselves & their assns], & every three & two of them hby [for themselves & their assns], covt, & every one of them hby [for himself & his assns],covts septely, &c. IV. EACH of them the sd A., B., & C., hby so far as relates to the acts & defaults of himself & his own hrs, exs, & ads by several only, & not further or orwise, covts with, &c. where each Covenants for his own acts only. Covenant by a firm. Covenant with two jointly and severally. V. THE sd A. & Co do hby for themselves & the sevl ptners in their firm, jtly & sevlly covt with, &c. VI. THE sd A. hby [for himself & his assns] covts with the sd B. & C. [& their assns], & also septely with each of them [& his assns], that, &c. (a) Where the burden of the covenant is intended to run with land or title deeds, insert here "for himself & his assns.' (b) Where the benefit of the covenant is run with the land, insert here " & his assns.' (c) Where several covenants follow each other they may run on as one sentence, each covenant being introduced with the words " & also," or by the words "first," "secondly," &c. It will generally be found more convenient to introduce each covenant by the word "that" rather than "to," except in very simple cases. It is not necessary for a married woman to expressly bind her separate estate. See the Married Women's Property Act, 1893, ante, p. 491. (d) See R. S. C., 1883, Order XVI., rr. 4 and 6. joint and what to a several covenant, see White v. and see Platt on Covenants; Elph. Interp., p. 434. As to what amounts to a Tyndall, 13 App. Ca. 263; with three or more VII. THE sd A. hby [for himself & his assns] covts with the Covenant sd B., C., D., & E., & also septely with every three & two of them [& their assns], & also septely with every one of them jointly and [& his assns], that, &c. VIII. THE sd A. hby, &c., covts with the sd B., C., D., & E., & every of them [their & every of their assns], jtly & sevlly, that, &c. severally. The same. Short form. IX. THE sd A. hby, &c., covts with the sd B. & Co, & with Covenant the sevl ptners in their firm, jtly & sevlly, that, &c. X. THE sd A., pty of the one pt, hby [for himself, & his assns], so far as the covts, agrmts, & provons hinafter contd are or ought to be pformed or observed by him & psons claimg under him, covts with the sd B. & C., pties of the other pt [their & each of their assns], jtly & sevlly, & the sd B. & C. do hby [for themselves resply & their respive assns], jtly & sevlly, so far as the covts, agrmts, & provons hinafter contd are or ought to be pformed or observed by them & psons claimg under them resply, covt with the sd A. [& his assns], in mner follg (that is to say) :— XI. EACH & every of them the sd pties hto of the 1st, 2nd, & 3rd pts hby [for himself, & his assns], so far, &c., as above, covts with the other pties hto [& their respive assns], jtly & sevlly, & the sd pties hto of the 4th pt hby [for themselves resply & their respive assns], jtly & sevlly, so far, &c., covt with the other pties hto & every of them [their & every of their assns], jtly & sevlly, in mner follg (that is to say) :— with a firm. Mutual covenants of parties. The same by more than two sets of parties. XII. It is hby mutually covted & agrd by & betn the sd sevl The same. pties hto, as follows: XIII. THE sd covt with the sd Short form. Co hby [for themselves & their assns] Covenant between two com Joint and several XIV. THE sd A., B., & C. do hby jtly & sevlly covt with the panies. sd D., that they the sd A., B., & C., or their respive hrs, exs, or ads, or some or one of them, will on or bfe the day covenants pay to the sd D., his exs, ads, or assns, the sum of witht intt in the meantime or "with intt thron in the sum of meantime from the date of these psnts at of £ p.c. p.a." by several to pay a money. DECLARATIONS STATUTORY (a). As to statutory declara tions. I. DECLARATION by ATTESTING WITNESS authenticating the Execution of a POWER OF ATTORNEY or DEED to operate in the COLONIES or elsewhere ABROAD (b). day of pt to day of & I., L., of, &c., one of the attestg witses, do solemnly & sincerely declare that I & also M., of, &c., the other wits, were psnt togr on the & did see K., of, &c., the constituent named in the power of atty [pty of the the deed] hrunto annexed, bearg date the marked with the Ire A., duly sign, seal, & as his act & deed deliver the sd power of atty [deed], & that the name or signature K. set & subscribed to the sd power of atty [deed] as the name of the pty extg the same is of the pper handwritg of the sd K., & that the name or signature L. set & subscribed to the sd power of atty [deed] as the name of one of the witses attestg the exon thof by the sd K. is the name or signature of me the declarant, & that the name or signature M. set & subscribed to the same power [deed] as the name of the other witses attestg the exon thof by the sd K. is of the pper handwritg of the sd M. AND I make this declon conscientiously believg the same to be true, & by virtue of the provons of the Statutory Declons Act, 1835. DECLD at the City, or, " in the Borough" of this bfe me [& I certify the same under my hand & the (a) See the Act 5 & 6 Wm. 4, c. 62; the Conv. Act, 1881, s. 68, supplying a short title; and the Interpretation Act, 1889, 52 & 53 Vict. c. 63, s. 21, as to the meaning of "Statutory Declaration." As to the stamp, see the Stamp Act, 1891, 1st Schedule, tit. AFFIDAVIT and STATUTORY DECLARATION. (b) See above, p. 189, note. seal of office of mayoralty of the same City, or, " Borough "(c)]. X., Mayor of, or, "Notary Public." II. VERIFICATION by a MAYOR or NOTARY PUBLIC of DECLARATION of ATTESTING WITNESS. TO ALL TO WHOM THESE PSNTS SHL COME, I, X., Mayor of the City, or, "Borough" of — -, or, "Notary Public by Royal Authority duly admitted & sworn, of, in the coy of ," in psuance of an Act of Parliamt made & passed in the fifth yr of the reign of his late Majesty King George the Second, intituled "An Act for the more easy re- 5 Geo. II. covery of Debts in his Majesty's Plantations & Colonies in c. 7. America," & of the Statutory Declons Act, 1835, do hby certify that on the day of the date hrof psonally came & appeared bfe me L., the pson named in the declon hrunto annexed, being a pson well known & of good credit, & by declon wch the sd L. then made bfe me, did solemnly & sincerely declare & testify to be true the sevl mres & things mentd & contd in the sd annexed declon. 66 IN FAITH & TESTIMONY Whof I, the sd Mayor, or, Notary Public" have caused the seal of office of mayoralty of the City, or, Borough" of [my notarial seal of office], to be hrunto put, & to be affixed to the power of atty [deed] mentd in the sd declon hrunto annexed. Dated in the day of X., Mayor of, or, "Notary Public." (Seal.) (c) The form in this bracket is stated to be sometimes used so as to render the verification in Precedent II. unnecessary. |