Subject thereto to pay interest become liable to pay by reason of any claims, demands, actions, or pcdgs, to be made or instituted at any time or times hrafter by the sd M. & N., or eir of them, or the exs, ads, or assns of eir of them, in respt of the sd sum of £ & intt, or any pt thof; & in case the sd B., his hrs, exs, ads, or assns, shl be called upon to pay & shl pay the sd sum of £ & intt, or any pt thof resply, or any such costs or expses as afsd, then upon trust at the reqt of the sd B., his hrs, exs, ads, or assns, by & out of the divds of the sd Stk, or by the sale of the same, or a competent pt thof, to repay to & reimburse him & them all sums of moy, costs & expses wch he or they shl have so pd, togr with intt thron at the rate of 5 p.c. p.a. from the time of the same havg been pd, & also to pay all expses of raisg the same & carrying the psnt trusts into effect, & subjt to the trusts afsd shl stand possed of the sd sum of £ Stk & the divds thof IN TRUST for the sd A., his exs, ads, & assns; AND UNTIL such reqt as last afsd shl be made shl permit him & them to rece the divds of the sd sum of £- Stk; AND IN CASE no to vendor. such claim, demand, action, or pedg as afsd, shl be made or instituted bfe the day of in the yr, i.e., 12 yrs from the day when the yor child will attn the age of 21 (a), or in case the sd M. & N. shl both die witht havg attned the age of 21 yrs, or both or eir of them the sd M. & N. shl attn the age of 21 yrs, & the sd A., his exs or ads, shl pay to them or him (as the case may be), or to their or his exs or ads, the sd sum of £, togr with such intt as may become payable thron, & shl also pay to the sd B., his hrs, exs, ads, or assns all costs & expses wch he or they may have incurred or become liable to pay by reason of any such claim, demand, action, or pedgs as afsd: THEN UPON TRUST to transfer the sd sum of £, or so much thof as shl not have been sold or disposed of for the pposes afsd, to the sd A., his exs, ads, or assns: AND THIS INDRE ALSO WITNETH that in psuance of the sd Charge by agrmt, & in conson of the premes, the sd A. doth hby chge the sd sum of £- & intt (in the events in wch the same will become raisable & payable as afsd) on the remaing portion of the sdeste, in exoneron of the sd hds comprd in the sd indre of even date hwith: AND DOTH hby covt with the sd B., If no claim arises. To transfer to vendor. Further witnesseth. vendor on remainder of estate, and covenant for indemnity. (a) See the Real Property Limitation Act, 1874, s. 8. his hrs & assns, that he the sd A., his hrs, exs, & ads, will keep effectually indemnified the sd B., his hrs, exs, ads, & assns, & the sd hds comprd in the sd indre of even date hwith agst the sd sum of £- & intt, & every pt thof, & all such costs, expses, claims, demands, actions, & pedgs, as afsd (b). IN WITS, &c. III. INDEMNITY to a PURCHASER against a PERPETUAL RENT- of even of rent charge. PARTIES, A., vendor, 1; B., pchaser, 2; Recite convce of Recitals. even date by A. to B., of "the hds shortly descd in the 1st Conveyance schdle hto: AND WHAS the sd hds descd in the 1st schdle hto date. togr with the hds descd in the 2nd schdle hto to wch the sd A. Creation is entled in fee simple are subjt to a perpetual yrly rent-chge of £ for the benefit of C., his hrs & assns, wch was chged thron by an indre, &c., & to the powers & remedies thby given to the sd C., his hrs & assns, for securg the sd rent-chge; AND WHAS upon the sale by the sd A. to the sd B. of the sd Contract hds descd in the 1st schdle hto, it was agrd that the sd A. shd for sale and exte & give to the sd B. such indemnity agst the sd rent-chge as is hinafter contd; NOW THIS INDRE WITNETH that in Witpsuance of the sd agrmt, & in conson of the premes the sd A. nesseth. hby covts with the sd B., his hrs & assns, that the sd yrly Covenant. rent-chge of shl henceforth be wholly borne by & Rent£charge to dischged out of the sd hds descd in the 2nd schdle hto in be borne exoneron of the sd hds descd in the 1st schdle hto; & further by herethat he the sd A., his hrs, exs, ads & assns, will at all times in second hrafter keep the sd B., his hrs, exs, ads & assns, & the sd hds schedule. (b) The power to appoint new trustees is supplied by the Trustee Act, 1893, repealing, and by s. 10 replacing the Conv. Act, 1881, s. 31; see SETTLE MENTS. (c) This is a more efficacious mode of securing the indemnity than the common one of giving merely powers of distress and entry and perception of rents (see the next Precedent); see p. 306, note. K.E.-VOL. I. U U indemnity. ditaments Indemnity. Further witnesseth. descd in the 1st schdle hto effectly indemnified agst the sd rent-chge, & all claims, demands, costs & expses in respt thof: AND THIS INDRE FURTHER WITNETH that in psuance of the sd agrmt, & in conson of the premes, the sd A. doth hby grant unto the sd B. ALL & SINGR the sd hds specified in the 2nd schdle hto, TO HOLD the same premes UNTO the sd B. & his hrs, to the uses & upon the trusts hinafter decld conthe To use that cerng same, that is to say, To THE USE that the sd B., his purchaser hrs & assns, may henceforth rece a yrly rent-chge of £ Grant. dum. may receive rent charge. Subject thereto to use of vendor. Rent charge to be indem nity to the amt of the rent-chge to be indemnified agst, to be chged upon the sd hds descd in the 2nd schdle hto, & to be payable by qtrly paymts on the day of- &c., the days of paymt day of to be the same as those of the rent-chge to be indemnified agst, witht any dedon, the first of such paymts to be made on the With next; AND TO THE FURTHER USE that the sd statutory B., his hrs & assns, shl have all such powers & remedies for powers for recovery the recovery of such rent-chge as are conferred on owners of thereof (a). rent-chges by the Convcg & Law of Ppty Act, 1881, or may orwise by law be available in that behalf, & subjt & chged as afsd To THE USE of the sd A., his hrs & assns: PROVD ALWAYS, & IT IS HBY AGRD & DECLD that the sd yrly rent-chge of £hby created, is limd to the sd B., his hrs & assns, to the intent that the same rent-chge & the powers & remedies for the purchaser. recovery thof may be an indemnity to the sd B., his hrs & assns, & the sd hds descd in the 1st schdle hto agst the sd yrly rent-chge of £ created by the sd indre of, &c., & all arrears thof, & all powers & remedies for recoverg & enforcg paymt of the same, & all actions, pedgs, claims, & demands for & in respt of the sd last-mentd rent-chge or any pt thof, for wch ppose it is hby agrd & decld that if & whenever within the lives, &c., as on p. 653 (b), any distress or entry for any arrears now due, or hrafter to accrue due, in respt of the sd yrly rent-chge of £- created by the sd indre of, &c., shl at any time or times hrafter be made upon the sd hds desed in the 1st schdle hto, or any pt thof, or if & whenever during the period afsd any claim or demand for any such arrears shl be (a) As to the statutory powers of distress, &c., for recovery of a rentcharge, see p. 544, note. (b) These words are introduced in order to avoid a perpetuity, but consider p. 306, note. made upon the sd B., his hrs or assns, then the sd B., his hrs or assns, shl apply the sd yrly rent-chge hby created, & all moys reced by him or them under any exercise of the powers & remedies for the recovery thof, in satisfon & dischge of all such arrears or future paymts of the sd rent-chge limd by the sd indre of, &c., & of all costs & expses wch the sd B., his hrs or assns, shl from time to time pay or incur by reason or in consequce of such distress, entry, claim or demand as afsd, or in or about the exon of the powers of these psnts: AND IT IS And subHBY FURTHER AGRD & decld that, subjt to the indemnity hby to be in provided, the sd B., his hrs & assns, shl stand possed of the sd rent-chge hby created in trust for the sd A., his hrs & assns. IN WITS, &c. (c). ject thereto trust for vendor. [Two schdles.] IV. INDEMNITY against a PERPETUAL RENT-CHARGE by grant PARTIES, A., vendor, 1; B., pchaser, 2: Recitals as in last Prec. NOW THIS INDRE WITNETH that in psuance of Witthe sd recited agrmt & in conson of the premes, the sd A. doth esseth. hby covt with & grt to the sd B., his hrs & assns, that if & whenever during the lives & life of H.M., &c., see p. 653, any distress, entry, claim or demand shl be made upon the sd hds Power of specified in the 1st schdle hto, or any pt or pts thof, or upon perception the sd B., his hrs or assns, in respt of the sd rent-chge of of rents. , or any pt thof, then & in every such case it shl be lful (c) Notice of this deed should be endorsed on the last conveyance of the hereditaments in the second schedule, so that purchasers may take with notice. Covenants for title, if any, should be absolute covenants as in a mortgage the statutory covenants in the Conv. Act, 1881, s. 7 (1, C), may be incorporated as at p. 410, but they do not very well fit the case. full form of limitation of a rent-charge, see p. 544. entry and For a As to (d) It is not uncommon to give an indemnity by powers of distress in indemnity cases of this kind; but as that power is probably invalidated by the Bills of by powers Sale Acts it is omitted. of distress and entry. for the sd B., his hrs or assns, to enter into & retain posson of & take the rents & profits of the hds & premes specified in the second schdle hto, or any pt thof (such posson when taken to be witht impeachmt of waste), to the intent that & until by the means afsd or orwise the sd B., his hrs or assns, shl be fully pd & satisfied all sums of moy, costs, damages, & expses wch he or they may have pd or incurred by reason of any such distress, entry, claim, or demand as afsd, or any action or pcdg for recoverg paymt of the sd rent-chge of £ or orwise in relon thto, & also the costs & expses attendg any distress, entry, or pcdg made or taken under the authority of these psnts. IN WITS, &c. (a). [Two schdles.] Recitals. V. DEED of INDEMNITY by VENDOR to PURCHASER in respect of DEFECTIVE TITLE, the Indemnity being in the form of ABSOLUTE COVENANTS for TITLE as in a MORTGAGE. PARTIES, A., vendor, 1; B., pchaser, 2: WHAS by an indre bearg even date with these psnts, & made, &c., a messe farm Conveyance & lands known as situate, &c., comprisg acres or thrabouts, have for the conson thrin mentd been conveyed by the sd A. to the use of the sd B., his hrs & assns, & in the sd indre the usual qualified covts by the sd A. for title to & further assurce of the premes are implied by law by his being expd to convey as benefl owner: AND WHAS upon the investigon of the title to the sd hds the deeds & docts pdced by the sd A. as evidencg his title thto appeared to show a title to of even date. Defect in title (b). Recital where in vestigation of title dispensed with. (a) See note on p. 659 as to notice. (b) The following is a form of recital where the investigation of the title is dispensed with on an agreement that the vendor shall absolutely guarantee it :— "AND WHAS upon the sale of the premes to the sd B. an investigon into the title of the sd A. was dispensed with by the sd B., & the sd pchase has been completed upon an agrmt that the sd A. shd give an absolute guarantee of such title, & |