yrs past

acres only, but the whole of the premes conveyed by the sd indre of even date hwith, have for upwards of been in the undisturbed ownership & enjoymt of the sd A., or the psons under whom he claims title: AND WHAS the sd B. Acceptance of title and accepted the title to the premes & completed the pchase thof contract as afsd upon an agrmt that the sd A. shd enter into absolute for indemnity. covts for the title to & further assurce of the same as hinafter expd, & wch covts are intd to override & be in no wise controlled by the qualified or restricted covts implied in the sd convce of even date hwith as afsd: NOW THIS INDRE WitWITNETH that, in psuance of the sd agrmt & in conson of the premes, the sd A. hby covts with the sd B., his hrs & assns, THAT, in addon to the qualified or restricted covts by the sd A. for the title to & further assurce of the sd wch are implied in the sd convce of even date hwith, the same or the like covts for the title to & further assurce thof shl be deemed to be thby implied on the pt of the sd A., but witht any qualificon or restron as regards the psons to whose acts, defaults, or omissions, such covts extend (c). IN WITS, &c.

premes

nesseth.

Extension

of statunants for

tory cove

title.

VI.

COVENANT of INDEMNITY by VENDOR to purchaser against certain INCUMBRANCES and DEATH DUTIES.

PARTIES, A., vendor, 1; B., pchaser, 2.

WHAS the estes of the sd A., situate in the coy of

are Recitals.

brances.

now subjt to the sevl legacies, annies, jture, yrly sums, por- Incumtions, & chges specified in the schdle hto: Convce of even date of, "farm & hds called the situate,

farm, containg

&c., formg pt of the sd estes" to B. ;

Conveyance acres, of even date.

AND WHAS

Agreement.

shd for that ppose enter into absolute covts for the title to & further assurce of the premes in mner hinafter expd, wch covts are intd to override," &c., as in the text.

(c) If preferred the covenants may be set out at length as in a mortgage, mutatis mutandis; but the mode above adopted seems the best. The statutory mortgage covenants in the Conv. Act, 1881, s. 7, do not fit the case, and cannot be made use of.

Covenant

to indemnify.

upon the sd sale it was agrd that the sd A. shd exte & give to the sd B. such indemnity agst the sd incumbces and the duties hinafter mentd as is hinafter contd: NOW THIS INDRE WITNETH that in psuance, &c., & in conson of the premes, the sd A. hby covts with the sd B., his hrs & assns, that the sd A. & his assns will at all times hrafter, well & sufftly indemnify & keep indemnified the sd B., his hrs, exs, ads & assns, & also the sd farm & every pt thof, agst the paymt of all & singr the sd legacies, annies, jture, yrly sums, portions, & chges specified in the sd schdle hto, & every pt thof resply, & all intt to become due thron resply, & all arrears & growg & future paymts of the sd annies, jture, & yrly sums, & also agst all the duties to become payable on the cesser or satisfon of the sd respive annies, jture & yrly sums, & agst all actions, pedgs, accts, claims, demands, costs, & expses whatsr, in consequce of the non-paymt of the sd legacies, &c., intt, arrears & growg or future paymts & duties or any of them or To produce any pt thof resply or orwise in relon thto; AND FURTHER, that the sd A., his hrs or assns, will at any time after the sd respive chges & incumbces specified in the schdle hto, or the sd duties shl have been satisfied or dischged, or shl have ceased, at the reqt & cost of the sd B., his hrs or assns, pduce to him or them such evidce of such satisfon, dischge or cesser as shl be in the posson or power of the sd A., his hrs or assns; AND also that, &c., incumbces & duty to be chged on the rest of A.'s estes in exoneron of the pt sold, see p. 656. IN WITS, &c.

evidence of

satisfac

tion.

[Schdle.]

Recitals.

Loss of deeds.

VII.

BOND (a) of INDEMNITY from VENDOR to purchaser where
TITLE DEEDS LOST.

Obligon of bond from A. to B., p. 204.

Recitals of pchase & convce of even date : AND WHAS the munimts of title [specified in the schdle hto] wch relates to

(a) As to the use of bonds, see p. 204, note.

the premes by the sd recited indre grted & assned resply are stated by the sd A. to have been lost or mislaid: NOW THE Condition. CONDON, &c., that if the sd A., his hrs, exs, or ads, shl use his & their best endeavours to discover the sd munimts, & shl, in case the same or any of them shl be found, forthwith deliver the same whole, uncancelled, & undefaced, or in the condon in wch the same shl be found, to the sd B., his hrs, exs, ads, or assns, & if the sd A., his hrs, exs, or ads, shl at all times hrafter keep indemnified the sd B., his hrs, exs, ads, & assns, & all & every pt of the premes by the sd recited indre grted & assned resply agst all mtges & incumbces whatsr in anywise affectg the premes, or any of them, or any pt thof, other than incumbces to be created by the sd B., his hrs, exs, ads, or assns, & agst all actions, pcdgs, claims, & demands, costs, damages, & expses wch may be brought or made agst him or them, or wch he or they may sustain or incur by or by means of any pson or psons who shl or may have or claim any este, title, or intt in or to the premes, or any pt thof, other than psons claimg under the sd B., Then, &c.

[Schdle.]

VIII.

BOND of INDEMNITY to TENANT paying RENT where TITLE in

DISPUTE.

Obligon of Bond from A. to B., p. 204.

Recitals.

WHAS an action [dispute] is now pendg betn the above Action bounden A. & other psons concerng the rt to or intt in the pending. revon of the house & premes situate at, &c., wch are now occupied or held by the above-named B., under a lease thof, dated, &c., & made betn, &c.: AND WHAS the sd B. has nevs Agreement agrd to pay the rent of the sd house & premes as the same shl grow due to the sd A. upon the sd A. agreeing to indemnify him in respt thof: NOW, &c., that if the sd A., his hrs, exs, Condition. ads, or assns, shl pay to the sd B., his hrs, exs, ads, or assns, all such rent, sums of moy, costs, & damages as the sd B., his

to pay rent.

hrs, exs, ads, or assns, shl by due process of law or orwise be compelled to pay, & all costs & damages wch he or they shl orwise sustain by reason of his or their paying the sd rent or any pt thof to the sd A., his hrs or assns, in mner afsd, Then, &c.

Powers of married women to dispose of reversion of settled funds.

Liability of trustees

for paying capital monies

to woman

restrained from anticipation.

IX.

DEED of INDEMNITY by HUSBAND and WIFE to Trustees making an UNAUTHORISED TRANSFER of part of the Settled Funds (a).

PARTIES, A. & B., his wife, 1; C. & D., trees, 2. Recite settlemt on marre of A. & B. of the wife's funds in trust for the wife for life with restraint on anticipon, remr to the issue, & in default of issue for the wife if survivg the husbd absolutely; & if she shd predece him for her testy apptees or next of kin. That

(a) As to the effect of the wife's covenant under the Married Women's Property Acts, 1882 and 1893, see p. 491, note. The wife should make a will under her power of appointment, so that the settled funds (inclusive of the part sold out), may be liable to satisfy the covenant (Re Parkin, [1892] 3 Ch. 510); but the appointed fund must necessarily by s. 4 of the above-mentioned Act be liable (irrespectively of the terms of the appointment) to satisfy all the debts and engagements of the wife pari passu; moreover she cannot bind herself to exercise her testamentary power in any particular way so as to give a right to specific performance (Re Parkins, ubi sup.; Re Anne, [1894] 1 Ch. 549), or not to revoke the will and not to die intestate. The indemnity therefore, so far as the wife is concerned, is altogether precarious.

Under the old law the payment of the fund to the wife under such circumstances did not disentitle her to call for payment over again in the event of her surviving her husband (even in case of fraud, Arnold v. Woodhams, 16 Eq. 29; Stanley v. Stanley, 7 Ch. D. 589), since the restraint on anticipation effectually prevented her from giving a valid receipt for the capital of the fund; and even if she were not so restrained, such anticipatory payment would have been invalid on the principle of Whittle v. Henning, 2 Ph. 731; but by the Trustee Act, 1893, repealing, and by s. 45 re-enacting the Trustee Act, 1888 (51 & 52 Vict. c. 59), s. 6, the beneficial interest of a married woman may now in such a case be impounded as an indemnity to the trustees, although she is restrained from anticipation; Griffith v. Hughes, [1892] 3 Ch. 105; but see Bolton v. Curre, [1895] 1 Ch. 544. As to the power of the Court to dispense with the restraint under the Conv. Act, 1881, s. 39, see Wolstenholme, C. A. 92; Hood & Challis, 105, note; Re Little, 40 Ch. D. 418.

for trans

there has been no issue, & wife is past the age of child bearg. AND WHAS the sd trees have at the reqt of the sd A. & B. agrd Agreement to sell out the sum of £ stk formg pt of the sd settled fer. funds, & to pay the proceeds thof to the sd A., on havg such indemnity as is hinafter contd.

AND WHAS the sd sum of stk Sale and payment.

nesseth.

of in

has been sold accdly & the net proceeds thof amtg to £have been pd by the sd trees to the sd A., as the sd A. & B. do hby acknowe. NOW THIS INDRE WITNETH that in Witpsuance, &c., & in conson of the premes each of them the sd. A. & B. hby covts with the sd C. & D. & each of them & their Covenant & each of their exs & ads, that they the sd A. & B. will at all demnity. times keep the sd C. & D. & their respive hrs, exs, & ads effectually indemnified agst all claims & demands, actions, & pedgs on the pt of the sd A. & B., or eir of them, or their or eir of their exs, ads, or assns, or any of them or any other pson or psons whomsor, & all costs, chges, & expses in respt of the sd sum of £ stk so sold as afsd or the divds or income thof or in any way arisg out of or consequential on such sale & paymt as afsd or orwise in respt of the premes. IN WITS, &c.

X.

DEED of COVENANT and CHARGE by way of INDEMNITY to a
TRUSTEE making an UNAUTHORIsed Investment (b).

PARTIES, A., 1; B., 2: WHAS by virtue of an indre, &c. Recitals. (being the settlemt exted on the marre of the sd A. with K. his Marriage psnt wife) the sum of £ Stk (wch was at the date of settlement.

the sale hinafter mentd standg in the name of the sd B. as the sole tree of the sd settlemt, was settled upon trust among other things that the sd B. shd eir continue the same in its existg state of investmt, or shd, with the consent of the sd A., sell the same, & invest the proceeds thof in any such stks, funds, Invest

ment.

trustee to

indemnity.

(b) As to the right of the trustee to indemnity from the beneficiary in Right of such a case, see the Trustee Act, 1893, repealing, and by s. 45 re-enacting the Trustee Act, 1888, s. 6. As to the effect of a covenant of indemnity where the trustee is himself a beneficiary, see Evans v. Benyon, 37 Ch. D. 329.