Breach of trust.

day of

Stk for the

or secs as are thrin mentd; AND WHAS on the the sd B., at the reqt of the sd A., sold the sd sum of £ —, & invested such sum in the pchase of bonds of the Governmt of ; AND WHAS it is apprehended that such sale & investmt were not authorised by the sd settlemt, & were Agreement. breaches of trust; AND WHAS the sd A. has agrd to exte & give to the sd B. such covt of indemnity in respt of such sale & investmt as is hinafter contd: Recite title of A. to "the ppty mentd in the schdle hto" subjt to certn prior chges; AND WHAS the sd A. has agrd to give to the sd B. such chge upon the sd ppty for the ppose of further securg such indemnity as afsd, as is hinafter contd: NOW THIS INDRE WITNETH, that in conson of the premes the sd A. hby covts with the sd B., at all times hrafter to indemnify & keep indemnified the sd B., his hrs, exs, & ads, from all actions, pedgs, claims, & demands, costs, damages, & expses on acct of the sd sale of the sd Stk, or the sd investmt in bonds of the Governmt of orwise in respt of the premes; AND THE sd A. hby chges ALL the ppty mentd & descd in the schdle hto, & all the este & intt of him the sd A. in the same ppty & premes, & the rents, profits, & income thof (subjt to the incumbces hinbfe mentd), with the indemnity of the sd B., his hrs, exs & ads, psuant to the covt in that behalf hinbfe contd in respt of the mres refd to in or within the scope of such covt. IN WITS, &c.

Witnesseth. Covenant

to indem

nify.

Charge.

[Schdle.]

or

Recitals.

Advances.

sd

XI.

BOND by LIMITED COMPANY to INDEMNIFY their MANAGING
DIRECTOR in respect of GUARANTEES given by him to the
Company's BANKERS for ADVANCES (a).

Obligon of Bond from the Co. to A., p. 204.

WHAS the sd A., at the reqt of the Board of Dirors of the
Co Limd (of wch he is managing diror), has signed

(a) Compare Prec., p. 209; and as to securities by a company to indemnify the directors in respect of guarantees, see Re Pyle Works, (No. 2), [1891] 1 Ch. 173. A principal creditor is not entitled to the benefit of a security given by the principal debtor to a surety, Re Walker, [1892] 1 Ch. 621.

or given, & may hrafter from time to time sign or give his promissory note or notes, or some other instrumt or instrumts to or in favour of Messrs. B. & Co (the bankers of the sd Co) by way of guarantee or collateral secy for advces made, or to be from time to time made by the sd bank to or on acct of the sd Co, or for or in respt of other pecuniary accommodon to be from time to time afforded by the sd bank to the sd Co: AND Agreement. WHAS the sd Co at the reqt of the sd A., & as an inducemt to him to undertake such psonal responsibility on behalf of the sd Co as afsd, have agrd to give him their bond in a sufft penalty for the ppose of indemnifying him in respt of the liability so assumed & to be assumed by him on behalf of the sd Co as afsd, in addon to any other remedy or secy to wch the sd A., his hrs, exs, or ads, may be or become entled as such surety or guarantor as afsd: NOW, &c., that if the sd Condition. Co shl on demand repay & make good to the sd A., his hrs, exs, or ads, all & every the sum & sums of moy wch he or they shl at any time or times hrafter pay to the sd bank, or any pson or psons whomsr by reason or in respt of any promissory note or notes, guarantee or guarantees, or other instrumt or instrumts already signed or given, or to be hrafter from time to time signed or given by the sd A., to or in favour of the sd bank, on acct of advces made, or to be made, or bills discounted or to be discounted by them to or on acct, or for the accommodon of the sd Co, or any other pecuniary accommodon wch may be afforded by them to the sd Co, & shl at ali times hrafter keep the sd A., his hrs, exs, & ads, fully indemnified agst all actions, pcdgs, claims, demands, costs, & expses, by reason or in respt of any such promissory note or notes, guarantee or guarantees, or other instrumt or instrumts to be signed or given by the sd A. as afsd, & so that the above written bond or obligon shl be & remain a continuing secy to the sd A., his hrs, exs, & ads, in respt of the mres afsd, notwg any change in the ptners or members of the sd bkg firm, & shl not be deemed to be satisfied, or become inoperative, by reason of the cesson at any time of the guarantees given by the sd A. as afsd, but shl continue in force or revive in the event of any subseqt renewal thof, Then, &c.

Recitals.
Action

com

menced.

XII.

DEED of INDEMNITY, by a Husband & Wife, by way of
Covenant and Charge, against using NAME as Co-
PLAINTIFF.

PARTIES, A. & B. his wife, 1; C., 2: WHAS the sd A. & B. his wife, on or about the instituted an

action in the

day of

Divon of the High Ct of Justice in the names of the sd A., B., & C., as plts agst D. as deft, & thby claimed specific pformce of a contract for the sale by the plts este; AND WHAS

Use of C.'s to the dft of certn hds, known as the

name.

Title to property.

Wit

nesseth.

Covenant

of indem

nity.

Charge of property.

the name of the sd C. as such co-plt was used witht any express authority from him, but he is willg that his name shd be continued as such co-plt in the sd action, on his being indemnified agst all consequential costs; AND WHAS the sd B. is entled, subjt to the sd contract for sale, to the sd

este

in fee simple, & to the proceeds of the sale thof, for her sole & septe use: NOW THIS INDRE WITNETH that in conson of the premes each of them the sd A. & B. his wife, hby covts with the sd C., his exs & ads, that they the sd A. & B., & their respive hrs & exs, will at all times hrafter keep indemnified the sd C., his hrs, exs, & ads, agst all costs, damages, & expses to be incurred in conseqce of the sd action, or anything in anywise relatg thto: AND THE SD B. hby chges the sd este, & the proceeds of the sale thof, with the paymt to the sd C., his hrs, exs, & ads, of all such costs, damages, & expses as afsd. IN WITS, &c.

Recitals.

XIII.

BOND of INDEMNITY on PAYMENT of LOST BOND.

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

Recital of bond from A. to B., p. 360: AND WHAS the sd Bond lost. bond is alleged to be lost or mislaid; AND WHAS the sd A., at Agreement. the reqt of the sd B., has this day pd to him the sum of £

in full satisfon of all claims under the sd bond (as the sd B. doth hby acknowe) upon the sd B. agreeing to exte to the sd A. a bond of indemnity in respt of the sd recited bond; NOW, Condition. &c., that if the sd B., his hrs, exs or ads, shl, in case the recited bond shl be found & shl be in or come into his or their posson or power, deliver the same to the sd A., his exs or ads, in order that the sd bond may be destroyed or cancelled, & shl at all times hrafter indemnify & keep indemnified the sd A., his hrs, exs & ads, agst all damages, costs, expses, actions, pcdgs, claims, & demands, wch he or they may or might orwise at any time incur, or be liable to, under, or by reason of the sd recited bond, Then, &c.

LEASES (HOUSES), &c. (a).

Stamps.

As to use
of words
"lessor "

and
"lessee,"

&c., and

interpre

tation

clause.

INTERPRETATION CLAUSE (1).

THIS INDRE, made, &c., betn A., of, &c. (hinafter called the lessor, wch expression shl include his hrs & assns, or, for

(a) The forms under this head are for ordinary occupation and building leases and leases for business purposes. For agricultural and mining leases, see infra; and for variations for leases under powers and other special cases, see LEASES, MISCELLANEOUS. As to Stamps, see the Stamp Act, 1891, schedule, tit. Lease.

(b) In accordance with the now very common practice the plan is adopted throughout the following forms of leases and agreements for leases of using the words "lessor" and "lessee," or landlord" and "tenant," in place of the names of the parties, the former expressions being more commonly used in leases (though they are open to some objection on account of the risk of clerical errors which the similarity of the words involves), the latter in agreements for leases. These expressions may be made to include the reversioner and the termor for the time being respectively by an interpretation clause placed at the beginning or end of the instrument, so as to enable the words "heirs and assigns," or "executors, administrators, and assigns,” or other like words, to be omitted throughout in the case of both the lessor and the lessee.

Benefit of By the Conv. Act, 1881, s. 10 (extending 32 Hen. 8, c. 34), the benefit of lessee's and the rent and lessee's covenants and conditions in a lease is annexed to and obligation of lessor's covenants annexed to reversion.

to go with the reversion expectant on the term (notwithstanding severance of the reversion), and may be taken advantage of by the person from time to time entitled to the rents and profits of the land; and by s. 11 the obligation of the lessor's covenants, so far as he has power to bind the reversion, is annexed to and goes with the reversion (notwithstanding severance thereof), and may be enforced by the person in whom the term is from time to time vested (see as to the previous law the notes to Spencer's Case, 1 Smith's L. C. 72 et seq.); see also the general enactment in s. 58, making the benefit of covenants relating to land run with the land although the "heirs and assigns," or "executors, administrators, and assigns" (as the case may be) of the covenantee are not expressed, where it would so run if those words were expressed.

The effect of these enactments appears to be in all cases, whether the lease is granted by an owner or under a power, to carry the benefit and obligation of the lessor's covenants and the benefit of the lessee's covenants